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Agenda 03/23/2010 Item #16C 8 Agenda Item No. 16CB March 23, 2010 Page 1 of 26 EXECUTIVE SUMMARY Recommendation to approve AshBritt Environmental, Inc., (Contract 05-3661) as the initial debris removal contractor for the upcoming 2010 Hurricane Season for operational readiness and proactive planning initiatives. OBJECTIVE: To obtain approval of AshBritt Environmental, Inc., (Contract 05-3661) as the initial debris removal contractors in operational readiness for the upcoming 2010 Hurricane Season. CONSIDERATION: The Public Utilities Division, Solid Waste Management Department, is responsible for the removal of hurricane debris located in the right-of-ways throughout Collier County. To ensure the prompt and effective recovery after a hurricane, staff is recommending the use of AshBritt Environmental, Inc. to manage debris recovery efforts throughout the 2010 Hurricane Season. Staff recommends using this contractor, as allowed under their respective contract, to provide Collier County with experienced and competent contractors for the county's disaster mission needs. Contract 05-3661 with AshBritt Environmental, Inc., was approved on June 14, 2005, Agenda Item 16C7. This Board approved contract is for a four year period with two additional one year renewals. The firm is to provide post disaster equipment and human resources adequate to assist county staff in the removal and disposal of disaster-generated debris in full compliance with FEMA rules and regulations. The contractors' performance during the Hurricane Wilma (October 2005) and Tropical Storm Fay (August 2008) debris clean up met all expectations. Pursuant to this recommendation, staffrequests authorization to activate this fIrm via a purchase order in anticipation of an emergency declaration to ensure their availability and timely mobilization. Further, staff reserves the opportunity to activate and order services from other frrms awarded under this contract for debris removal and/or other services set forth in the respective agreement on an as needed basis. The Solid Waste Management Department is proactive in pre-selecting vendors under contract, updating hurricane debris removal plans, and establishing temporary hurricane debris staging sites that best serve Collier County communities. The approval of this selection prior to a storm event benefIts the county for the following reasons: Having the pre-selected vendor, on-call and on-contract with Collier County to provide effective disaster recovery services, will accelerate post-storm response time to start debris cleanup. Utilizing tried and tested high performing contractors who specialize in debris recovery services. The vendor has recent and successful experience, and an established geographical understanding of Collier County, post Hurricane Wilma and Tropical Storm Fay. Agenda Item No. 16CB March 23. 2010 Page 2 of 26 The vendor worked effectively with FEMA representatives in a successful effort to operate within the FEMA guidelines to optimize reimbursement eligibility after Hurricane Wilma and Tropical Storm Fay. Additionally, the Solid Waste Management Department, in cooperation with its contractors on bid, have proactively participated in, and gained FEMA and State PAC (Public Assistance Coordinator) approval of the Collier County Debris Removal Plans. FISCAL IMPACT: The extent of fIscal impact is dependent upon the size and severity of events and costs recovered from Federal and State Emergency Funds. GROWTH MANAGEMENT IMPACT: This contract and the activities associated with it have no impact on the county's Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient-JBW. RECOMMENDATION: Approve AshBritt Environmental, Inc., (Contract 05-3661) as the initial debris removal contractor in operational readiness for the upcoming 2010 Hurricane Season. PREPARED BY: Linda Jackson Best, M.B.A., Compliance Manager, Solid Waste Management Department Agenda Item No. 16CB March 23, 2010 Page 3 of 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C8 Meeting Date: Recommendation to approve Ash Britt Environmental, Inc., (contract 05-3661) as the initial debris removal contractor in operational readiness for the upcoming 2010 Hurricane Season. 3123120109:00:00 AM Prepared By Linda Best Compliance Manager Date Public Utilities Division Solid Waste Management Department 1/26/20104:22:20 PM Approved By Linda Best Compliance Manager Date Public Utilities Oivision Solid Waste Management Department 2/24/2010 9:38 AM Approved By Daniel R. Rodriguez Director ~ Solid Waste Date Public Utilities Division Solid Waste 2/241201010:54AM Approved By Thomas Wldes Director. Operations Support - PUD Date Public Utilities Division Utilities Finance Operations 2/24/2010 11 :01 AM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 2/24/2010 1 :51 PM Approved By Jeff Klatzkow County Attorney Date 2/261201011:14 AM Approved By Dianna Perryman Contracts Specialist Date Administrative Services Division Purchasing & General Services 3/8/201010:17 AM Approved By Steve Carnell Director - Purchasing/General Services Date Administrative Services Division Purchasing & General Services 3/9/20103:15 PM Approved By James W. DeLany Date County Attorney County Attorney 3/11/20109:28 AM Approved By OMS Coordinator County Manager's Office Agenda Item No. 16CB March 23, 2010 Page 4 of 26 Date Office of Management & Budget 3/11/20109:38 AM Date Approved By Randy Greenwald Office of Management & Budget Management/Budget Analyst Office of Management & Budget 3/11/2010 11:45AM Approved By Date Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 3/12/20109:32 AM Agenda Item No. 16CB March 23, 2010 Page 5 of 26 t.. (' rJ AGREEMENT THIS AGREEMENT, made and entered into on this/'f~ of a~2005, by and between AshBritt, Inc., authorized to do busines5 in the State of Fl,rici; w'hose business address is: 480 S. Andrews Avenue, Suite 103, Pompano Beach, Florida 33069 hereinafter called the "Contractor" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the work following award of this Contract by the Board of County Commissioners and execution of this Agreement. The contract shall be for a four (4) year period with two (2) additional one (1) year renewals under all of the same terms and conditions contained in this Agreement. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (lO) days prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Disaster Debris Removal and Disposal in accordance with the tenns and conditions of RFP #05-3661 and the Contractor's proposal incorporated herein and made an integral part of this Agreement by reference. Work assignments shall be made by requesting a proposal from one (1) or more firms and issuing a Purchase Order. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement upon completion of the work as accepted and approved by the County Solid Waste Director, or his designee, pursuant to the Appendix "B" rate schedules offered by the Contractor in his proposal, or as negotiated and mutually agreed upon by the Contractor and Solid Waste Director, or his designee. Payments shall be made to the Contractor when requested as work progresses, but not more frequently than once per month. Payrnent will be made upon receipt of a proper . . , . Agenda Item No. 16CB March 23, 2010 Pag,.e 6 of 2,~ invoice and in compliance with Section 218.70 F.5., otherwise known as the "Florida Prompt Payment Act". 4. ADDITIONAL ITEMS/SERVICES: Additional items and/or services may be added to this contract upon satisfactory negotiation of price by the Solid Waste Director, or his designee, and Contractor. 5. BONDS: A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. Payment and Performance Bonds shall be required for any work in excess of two hundred thousand dollars ($200,000.00). B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each project performed by the Contractor in excess of fifty thousand dollars ($50,000). The bonds shall be furnished using the forms prescribed in Appendix "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed, faxed, or emailed to the Contractor at the following Address: Terry Jackson, Vice President AshBritt, Inc. 480 S. Andrews Avenue, Suite 103 Pompano Beach, FL 33069 Telephone: 954-545-3535 Facsimile: 954-545-3585 Email: info@ashbritt.com All Notices from the Contractor to the County shall be deemed duly served if mailed, faxed or emailed to the County to: 2 . . Agenda Item No. 16CB March 23, 2010 Page 7 of 2? ( . Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Steve Carnell Telephone: 239-774-8407 Facsimile: 239-732-0844 Purchasing@colIiergov.net The Contractor and the County may change the above mailing addresses, fax numbers or email addresses at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 7. SAFETY. All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. 8. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 9. PERSONNEL SUBSTITUTION. Consultants, firm specialists and other professional personnel assigned to the County project as mentioned in Contractor's proposal can only be changed with the express prior written permission of the County Solid Waste Director, or his designee, who retains final approval of proposed replacement personnel. The County reserves the right to renegotiate the contract should key personnel leave the Contractor's employment. Other personnel, such as secretarial and/or administrative support personnel may be changed at the discretion of the Contractor provided that replacements have substantially the same or better qualifications or experience as approved by the Solid Waste Director, or his designee. 10. TRAVEL EXPENSES. Travel expenses shall be reimbursed at the rates pursuant to Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: , , Agenda Item No. 16CB March 23, 2010 Page B of 26 , " Mileage: Breakfast: Lunch: Dinner: Airfare: Rental car: Lodging: Parking: $ .29 per mile $3.00 $6.00 $12.00 Actual ticket cost Actual rental cost of midsize or smaller car Actual cost of reasonable lodging at single occupancy rate Actual cost of parking 11. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed intemallyby the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 12. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 13. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-53, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of 4 , . , , Agenda Item No. 16CB March 23, 2010 Page 9 of 26 ~ " time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause, 14. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 15. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 16. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Dwnership. C. Workers' Comoensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. Pollution Insurance: is required for the Contractor only. Contractor shall maintain: a. Pollution and Remediation Liability Insurance including the cost of defense during the term of this agreement and for a period of five (5) years following the completion of the Project as outlined in this Agreement. Such coverage shall apply specifically to the contracting services/scope of work as outlined in this Agreement and shall include but not be limited to Pollution Legal Liability (legal liability arising out of the discharge, dispersal, release, seepage, migration or escape of smoke, .' . . Agenda Item No. 16C8 March 23, 2010 Pag~. 10 of ~? vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gasses, hazardous materials, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water including groundwater at, under or emanating from the project); b. Remediation Legal Liability/Expense (expenses incurred for or in connection with the investigation, monitorfug, removal, disposal, treatment or neutralization of a condition arising from the discharge, dispersal, release, seepage, migration or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gasses, hazardous materials, waste materials or other irritants, contaminants or pollutants into or upon land the atmosphere or any watercourse or body of water including groundwater at, under or emanating from the Project, as well as the cost to repair or replace real or personal property damaged during the course of Remediation Expense in order to restore the property to the condition it was in prior to the Remediation Expense to the extent required by Federal. State, Local or Provincial laws, regulations or statutes or any subsequent amendments thereof); and c. Transportation Legal Liability/Expense - Pollution Legal Liability or Remediation Legal Liability/Expense arising out of the movement by the Contractor/professional/Consultant of product or waste of the Owner to its final delivery point as specified under this Agreement. Limits Required: Each Loss or Expense Annual Aggregate $2,000,000 $4,000,000 The Annual Aggregate limit shall apply separately to this project. E. Subcontractor(s}' Insurance: Subcontractors shall be required to maintain Commercial General Liability Insurance with minimum limits of $500,000; Workers' Compensation as per Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements; and Automobile Liability Insurance with minimum limits of $500,000. The Contractor shall provide County with Subcontractors' certificates of insurance meeting the required insurance provisions upon request. F. Soecial Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. 6 .~ , . Agenda Item No. 16C8 March 23, 2010 Page 11 of 26 (' 0' Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 17. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor or Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Contractor or Consultant or anyone employed or utilized by the Contractor or Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 18. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid Waste Department. 19. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 20. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #04- 3661 Specifications/Scope of Services/Contractor's Proposal and Addenda. 21. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. Agenda Item No. 16CB March 23, 2010 Page 12 of 26 (! " IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ~h~tD O,/"" " AITB:yJ;:........ ..'r,;~. ~. ..' ~ ~htE....BfOuk, CI~ of Courts C~,~.-J~M1) ,~e . -. (-. '" " ~st...~~ to ,r'i.ilIl'IIIll' S It~;OIIq:' Fernando Neris hype/print witness namei Approved as to form and legal sufficiency: .33/1 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~~ ~ ASHBRIIT'~or BY:~~ Signature Randy Perkins President Typed signature and title Vb/;.Jl,lfZl,ll1tl lb. III I"I\^ ::1:)'1:)&10-1:>11:) ^<>"t'UUII Agenda 1ltJ1!1'1<lt\~4 6GB MaFclb23, 2010 26 " .ll.N- 30-2eIilS 10: 57 l'ICXRlll R - CERTIFICATE OF LIABILITY INSURANeE j I ""TI~~ 0 ~CORD.. 5It3_ ...- (0111ilW&GO THII C:!WTI=: IlIUED AS A 1IAl"l!'!! OF H'ORIIIATlON <cordll Wet Palm 9oc:h Qllt.Y AND 110 IlIGHTIlJIION -:I CllRTJlIICATE HOLDlIR. THIS Cl!II,11FlCATE DOEllIlOl: e....:, EXTEIlD OR lot South Flllller Dri.., SuIIe lDO AL 'I1!Il THE cc:MIRAl>E AR'ORDID 8Y TIlE P ICIES BElOW. Neat Pllm Ileecll. FL 3M111-5,,4 I lNIUIlERS AFFOlI_ COVEIIAllIE : MAle I iiiUiiD Aahbfltl, . & BDulh.-t Eqlllpmellt -- . _;'Ametlcln Inle,;;.t1DM1 I . , - 410 s.,......... Ave ~~eoftiin.I'C." 1~1rY" i Sun. 103 ~'i' ... .!'""""'o.Natlonll~I1lI' .... ...- """'PlrtO Inoh. Fl. 33M9 ~'!. PI.......... Fund 1M CIllIl....ny , .. ~';-' .. f CDVI!IlAGES : THI POI.ICIES OF IH!lUIlIoNCI USTED II!I.tIW ~V; _ _OTD THI I'IIU"I!llIWlED"OY! ,o~ THE POUCY PIl\lClllINOIeAW3. NOTWrrHSTANl)ING ,.", REQuaE1lEN1. TN OR CONIll'I'ION OF "... CDNfIlACT OR OTHIIt DOCUllENT WITH R_CT TO - "". ~PiCATl MAY II ISflU!O OR ...., PIiIlT",". TIlE lH$\IMNCE ,,"_IT THI! I'OUClIlI oESC>lll!O "_IS suaJCef TO Al.1 THE TEllMI.IXC\.U$IONS IBJ C0N01TIONS Of $\/CH pOUClEI, ",,_TI UM!TS SHOWN MAY HAVi I.IN III!DUCED lIY'4IO C\IoIlII. ' ~ ~ .....cw..-. iiiitij, ..,.. ~- "_0111336 ..... oc.......a . t;tOO,O A X c::.-.aow.. GtNlIW. UAlIl.ITT 512212001 5I22I2llO' ~! I ...~ c",...- m OCCUR --,.....-.-1- I u. -."-' PEUO_'~I&NR" I I,11OD, - .- ._AIl..... . 2,1100. -ji'=rl;;~~:. IIIUJOUC'lI. COIIIIO. NiG :I ',000, ! ~.-.n'T lcA3777K2 11%2J2005 5/22/2001 o_IHI!.'MLI~ . ',oaa.DIl< II< ~ ..., NJrO (i. .:dllM) , ~ M.l OWNED MlTOC DDOI. y tMJURV i . sotl:lIOULlDI\U'TOI \"M_ ,!. """"..,..,. ..;... -. f IOOL....It.l..Ut'l" NOHoOWNfC AuTO' l.......~ I I , I- -'.- .- .....OP'eftTY~ I 'PwIOtlllnlI : ~""U4II1.1t'f ~Ol<<.v.UAtt.,!!'T . ~NlVAUTO Ot14.1*N lEA ACe . - AIIlO ONlY ACe . ....."., PRoum1337 ~ OCCllUdNCt . ..:= A !. ace"" o Cl"llIII.... &/ZZ/Z005 &l22l200i _'It I . ,000 f---- 1 I =1 DICMICT.ae , . 1lfT.,mQ!! . . _~"'''AND X 1.mJr~'!t.I. I..l." I -............. r031 '1%Il2OO4 1/26/Z005 E I.. SAOtI ACCIIENl I ..-;:: NI'f~.,NftItIIOVfN& ~.OEfll.UI'~O'I I.l oeedi.lU --~ I '00. l=:i_~~..~ .&.,DtSEAE-roa.C'l'\,IltfT I _,liD E:. 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FL :l411Z- ~ MOO"""'" Ollt.........un OP'!Uft'''' UPOH",M.....uda, '"' ..ewn IINIl .......--..L /'; [.,--"~~, A-k~ C '==' 10 DRC ZI (IOO1101} Cl Ioc;<lRO COIlPOIlATION I,ea I PRODUCER Acordia West Palm Beach 501 South Flagler Drive, Suite 600 West Palm Beach, FL 33401-5914 (561) 655.5500 Agenda Item No. 16C8 March 23, 2010 ASHf!lJlJIl.DI14 of~N DATE (MMlDOlYyn'j I 6/13/2005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE I NAIC # INSURER A: American International INSURER B: Commerce & Industry INSURER ;-Old Dominion Ins ACORD~ CERTIFICATE OF LIABILITY INSURANCE INSURED Ashbritt, Inc & Southeast Equipment 480 S.Andrews Ave Suite 103 Pompano Beach, FL 33069 INSURER 0 I INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICA TED. 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I'~~: r..~o:;: POUCY NUMBER PO.L.!~Y EFFECWE POLICY EXPIRATION LIMITS ~NERAL. liABILITY EACH OCCURRENCE . 1,000,00 A X X 5MMERClAlOENERAlllABIlITY BINDER45 5/22/2005 5/22/2006 PREMISES e. occul"\!lnce\ ! $ 100,00 - CLAIMS MADE 0 OCCUR MEO EXP (Any ono per$on) . 25,00 - I. 1,000,00 PERSONAl & AOV INJURY GENERAL AGGREGATE . 2,000,00 xl'~:~~:En ~;p; APFY ~::: I PRODUCTS - COMPIOP AGG . 1,000,00 E~OBI~ UAB"'~ I COMBINED SINGLE LIMIT 1 ,000,000 A X ANY AUTO 'BINDER44 5/22/2005 5/22/2006 (E.occidentl , X ALL O.....NED AUlDS , I I BODIL Y INJURY (PllI"porson) . -;:;-{ SCHEOULED AUTOS ! I --- ~J HIRED AUTOS , I I rp~~~L~~~~~rY , ~Xj NON OWNED AUTO' I r-- I PROPEftlY DAMAGE S --1.------- I (Pllracooent) I RAG.lIABIUTY , I AUTO ONLY. fA ACCIDENT , ANY AUTO OTHER THAN EAACC S [ I AUTO ONLY AGO S I EXCESS/UMBRElLA LIABILITY I EACH OCCURRENCE . 5,000,000 A r.J OCCUR D eLA",,' fAADE 'BINDER47 5/22/2005 5/22/2006 AGGREGATe , 5,000,000 I I , hci DEDUCTIBLE F--- , ! X RETENTION S 10,000 , WORKERS COMPENSATION AND I iX, ~~;r~JNs OJ~" B ' ~MPLOVERS'lIASILlTY WC9683039 i 9/26/2004 9/26/2005 100,00 iANY PROPR'ETORlPARTNERlEXECUTlVE I I ~l..:.EACHACCIDErH r;- 100,000 OFFICER/MEMBER EXClUDED? E.l DISEASE. EA EMPLOYE~ $ II yes. des-erJbeunder I i E.l DISEASE. POLlCV LIMIT . 500,000 SPECIAL PROVISIONS below OTHER [ ! ! C Business Personal Property IFRG54523NA T -GRAN I 5/18/2005 [ 5/18/2006 40,000 I I DESCRIPTION OF OPEftATlOHSI LOCATIONS I VEHICLES I EXCLUSIONS AODEO BY ENDORSEMENT I SPECIAL PROVISIONS FAX: 9!If-S45-3585 tyl - "3 fc,{,p ( I CERTIFICATE HOLOER CANCELLATION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3301 E.TAMIAMI TRAIL NAPLES, FL 34112- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOf, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3~ DAYS WRITTEN NOTice TO THE CERTIfICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON: THE INSURER, ITS AGENTS OR ACORD 25 (2001/OB) @ ACORD CORPORATION 1988 '. . . Agenda Item No. 16CB March 23, 2010 Page 15 of 26 " " APPENDIX A PUBLIC PAYMENT BOND Disasler Debris Removal and Disposal Bond No. Contract No. 04-3661 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and finnly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs. executors. personal representatives. successors and assigns. jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 2005, with Obligee for in accordance with drawings and specifications. which contract is incorporated by reference and made a part hereof. and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as deftned in Section 255.05(1), Aorida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly hy Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be flied by claimants. IN WITNESS WHEREOF. the above parties have executed this instrument this _ day of 2005, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL BY: NAME: ITS: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _day of as 20_, by of 9 Agenda Item No. 16CB March 23, 2010 Page 16 of 26 ~ .' . a personally known to me OR bas produced corporation. on bebalf of the corporation. He/sbe is as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public. State of Commission No.: ATfEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 10 .. . . , . Agenda Item No. 16CB March 23, 2010 Page 17 of 26 "'. " OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2005. by M ~ Surety, on behalf of Surety. He/She is personally known to me OR has produced M identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of:_ Commission No.: 11 . . Agenda Item No. 16CB March 23, 2010 Page 18 of 26 .. " PUBLIC PERFORMANCE BOND Disaster Debris Removal and Disposal Bond No. Contract No. 04- 3661 KNOW ALL MEN BY THESE PRESENTS: as Principal, as That and Surety, located at (Business Address) are held as Obligee in the sum of and finnly bound to ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representntives, successors and assigns, jointly and sevemlly. WHEREAS, Principal has .entered into contract dated as of the day nf 2005. with Obligee for in accordance with drawings and specifications. which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDmON OF THtS BOND is that if Principal: I. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses. damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual. incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract. then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety. for value received. hereby stipulates and agrees that no changes. extensions of time. alterations or additions to the terms of the Contmct or other work to be performed hereunder, or the specifications referred tn therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alrerations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common Jaw bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05. Florida Statutes, shalt not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF. the above parties have executed this instrument this _ day of , 2005, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL 12 ~ . . Agenda Item No. 16C8 March 23, 2010 Page 19 of 26 "'. " BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of as , 2005, by of corporation, on behalf of the corporation. as , a Helshe is personally known to me OR bas produced identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public. State of:_ Commission No.: 13 . . Agenda Item No. 16CB March 23, 2010 Page 20 of 26 .. " AITEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Anorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2005, by as ~ a Surety, on behalf of Surety. He/She is personally known 10 me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: _ Commission No.: 14 . . . . Agenda Item No. 16C8 March 23, 2010 Page 21 of 26 'f"!. '0'_ APPENDIX B 15 .' Agenda Item No. 16C8 March 23, 2010 Page 22 of 26 ~ .' ASHBRITr FEE SCHEDULE r ->~:::. ,~;: _C<.' -' . \.. ~ ~1 'A;~ .:: .:<.,:i::;:: ~ ~:.., As directed by the COUNlY, the CONTRAcroR shall provide supervisors, personnel and equipment for emergency cleanmce of public roads and property. Bmersency road clearance is accomplished by ~moving 1arge debris from the traffic I.... to the public Righlll.Qf-Way (ROW) for collection by others. BmersencY clearance of public property is accomplished by removing debris from pedestrian or vehicular traffic ...... to the public ROW for collection by othen. Equipment and Labor Rates on the Hourly Rate Scbedule f' - , - .. c_ --. . . , ~...,..' " ,~ ~ ~ _ ~:..' , _ h ~. : ~ _ ~ a. Validated load picked up at the designated work zone, hauled to and dumped at a Temponll}' Debris StonIgc and Reduction Site (TDSRS), or to a ]andfill approved by the County. 0- I 5 mil.. 16-30 mil.. 3]-60 miles 61-90 miles Validated load hauled from mSRS for final disposition at a County approved landfill or recycling facility. S 11.00 Icu.yd. S 12.75 Icu.)'d. S 15.50 Icu.yd. S 18.25 leu.)'d. 0-15 miles 16-30 miles 31-60 miles 61.90 miles S 2.75 leu.yd. S 4.00 leu.)'d. S 5.75 Icu.)'d. S 7.50 Icu.yd. b. [ .~ - ~~.~~~._ ._ ~M C ,~;,~~l_ ' 'j~,~;e ~" ._-~':~.~~~'~~~' _ . ~ a. Site Management including preparation and layout of site; management, mainlClWlCC and operation of the mSRS; sorting and segregatiOll of the debris stream; groundwater and soillesting; fumi&hing materials, supplies, labor, tools and equipment necessary to perronn oervices; providing traffic control, S dust control~ erosion control. inspection tDwcr(s), ash and HTW containment areas, fire protection. pennilll (as necessary), and safety measures: loading reduced/stored and initiating load ticlcots for final disposition. 3.75 Icu.yd. b. Reduction of Debris delivered to the lDSRS by grinding. c. Reduction of Debris delivered 10 the lDSRS by burning. S S 1.95 leu.yd. 1.75 leu.yd. ~~~('~~' \<' - '~-~~~A~~'7~". ,~r '_r_~~~~~~~~~~~, - ~ ~:~~.. ":~l~::_~~Tl;)~~ :' ~ ~ '. . Private Prooertv Demolition and Debris Removal- The CONTRACTOR shall openlte beyond the public Right Of Way (ROW) only as identified and directed by the COUNTY. Operations beyond the a. ROW on private property shall be only as necessary to abate imminent and significant threats to the public health and safety of the community and shall include but is not limited to the demolition of slIUClUres and the removal and ~Iocation of the debris to the public ROW. Hourly Rate Sehedule or Negntiated Unit Price ... . . Agenda Item No. 16CB Maroh 23, 2010 Page 23 of 26 ., .' Marine Debris Removal- The CONTRAcroR sball clear canals and watuWays of marine debris only Hourly Rate Schedule or b. as identified and dircclcd by the COUNTY. Debris will be removed from the waterWay and deposited Negotiated Unit on lbe bank for collection by 0Ihcrs. Price Hazardous and/or Toxic Waste DiS1lOlllt- The CONTRAcroR shall collect, transpon and dispose of Hourly Rate Schedule or c. HTW in accordance with all epplicablc federal, state and local laws, standards and regulations as Incident Specific directed by the COUNTY. Price Dead Animal Careasscs - As identified and directed by lbe COUNTY, the CONTRAcroR shall d. collect and baul dead animal careuscs, includina but not limited to dead livestock. poulll}' and large S 2.75 lIb. animals that pose an imminent and siplificantlbrcat to public bealth and safety, to lite TDSRS and/nr Pinal Disposition Site at an approved landfill. Ha7Judous Tree and Limbs- As identified and directed by the COUNTY the CONTRAcroR shall Hourly Rate Schedule or e. remove stonn damaged IrCCS or limbs thai... dctcnnincd to pose a lbreat to publi<: safety. Debris from Negotiated Unil the hazard will be removed 10 lbe ROW for collection by oll1ers. Price Ha7Judous SlUmns- As diICClcd by the COUNTY the CONTRAcroR shall remove stumps and baul to f. the TDSRS. StuIIlps will be measured twelve (12) inches above the rool ball 10 dctcnninc the dilllDCU:r of lbe stump. Stumps from 24 to 48 incbes S 575.00 Istump Stumps 48 to 72 incbco diamcrcr S 875.00 Istump Slumps gICalCr than 72 inches diamclCt S 1.275.00 Istump Ei!!.Qin- As identified and directed by the COUNTY, lI1e CONTRACTOR shall place compatible fill g. din in ruts created by equipment, vchicles and boles cnoatcd by removal of bazanIous stumps and other $ 15.25 leu.yd. area that pose an imminent and siBnificanl threat to public health and safety. Sand ScrccninJ- The CONTRAcroR shall screen all sand to remove Eligible Debris deposited as a ...ull of a natunIl or manmadc disaster. Sand screenina sball include the collection of debris-laden h. sand, baulin8 to lbe processing scrc:cn, proccasing the sane through the screen and returning clean sand S 8.so leu.yd. to lbe beach. Eligible debris removed from lbe sand sball be collected, hauled and proccsacd at lI1e TDSRS. White Goods- The CONTRAcroR shall recycle all eligible wbite goods in acamIancc wilb all i. federal, state and local roles, regulations and laws. Non-recyclable units will be disposed of at an $ 16.00 leu.yd. approved site within tbc County. Freon RCCOVCfV- The CONTRAcroR shall remove and recover Freon from any wbite goods, such as j. refrigcntors, f1'CCZCl1l or air conditioners. atlbe TDSRS or fmal disposition site in accordance wilb all S 65.00 /unit federal, state, and local rules, regulations and laws. ~ . . . Agenda Item No. 16C8 March 23, 2010 Page 24 of 26 << ... '. .~~~~'~' '-i;~~ - .~~~~~-4~ ~_:~.~~~~~.~,~':'.<:_~~:-j~'~J~~"~ _ ~Z ' Tr.ainin. and Assistance- Annual_ions for all key COUNTY personnel from a syllabus developed by a. the CONTRAcroR. Assistance in all applicable dioasler debris recover planning efforts as ""Iueated. No Additional Cost b. Preliminarv Damaoe Assessment- Assistance in the determining the impa<t and lI1lI8Jlitude of the disaster event. No Additional Cost Mobilization and Demobilization- AlllllTllllgements and costs necessary to mobilize and demobilize the c. Contm:tor's Labor force and equipment needed to perform the Scope of Services contained herein shall be made by the CONTRAcroR. No Additional Cost d. Temoorarv Sto,..e of Documents- The CONTRACTOR shall proYide sto"'lle of daily or disaster-related documents and reports for protection during the dioasler eyenL f. Renamn. and Documentation- 1be CONTRACI'OR shall provide and submit to the County all reports and documents as may be neceaaary to adequately document the Debris Recovery Services. No Additional Cost No Additional Cost ~. ~. . . . . Agenda Item No. 16C8 March 23, 2010 Page 25 of 26 .. ... ... '". Hourly Rate Schedule for - t'(i:.;;:;;,fi%~~_~__ ".,,,,,,,,,,<,,,',c,,,.,,.1!t '.." ,. , . ,"" ,." ,. "."" .". ~,,, _ hcJMdeJ Skid S_ Loader Bobcat Hour 55.00 Backhoe Cat 416 Hour 95.00 Wheel Loaders Cat 950 Hour 115.00 Wheel Loaders Cat 966 Hour 125.00 WbeeI Loaders Cat 980 Hour 135.00 !'r8cla:d Loader Cat 955 Hour 125.00 owed Loader wI TtllCIOr _",,210 Hour 140.00 SelfLoadin. Knuclde boom Truck 25.35 CY Bod. Hour 125.00 SelfLoadin. Knuclde boom Truck 35-45 CY Bod. Hour 140.00 Doz.cr CaID4 Hour 95.00 Doz.cr Cat OS Hour 105.00 Doz.cr Cat D6 Hour 125.00 Doz.cr Cat D7 Hour 135.00 Doz.cr CalD8 Hour 150.00 ExcavatorS Cat 320 Hour 90.00 Excavators Cal325 Hour 115.00 Excavaton Cat 330 Hour 130.00 TnlCIOr wi Box Blade SOHD Hour 35.00 Motor Groder Cat 1200 Hour 120.00 Crone 30 Ton Hour 170.00 Bucket Truck VD 10 SO' reach Hour 130.00 Bucket Truck 50' 10 75' reacb HDur 1SO.00 rub Transfer Trailer wI Tl1lClDr 110 Yard HDur 125.00 Mecbanizcd Broom Stn:et SWceDer Hour 75.00 Waer Truck 2000 Gallon Hour 65.00 Stumo Grinder Vermeer 252 Hour 85.00 01i1l\lel' w/2 man cn:w MorbarI: Storm Hour 125.00 12.PDOt Tub Grinder Morbark 1200 Hour 395.00 13.Pool Tub Grinder Morbark 1300 Hour 455.00 14 Pool Tub Grinder Diamond Z 1463 Hour 490.00 l&uiomeDl Transoon wI T_ SOT.. Hour 90.00 ruck Mounted W'mcb Tow Truck Hour 90.00 Vacuum Truck Jet Voc Hour 172.50 J""Deli. Water Deliv Power OencnllDr5 ';';'<)~~,i~.=~~if:,:Jff""~~~~;" --- Agenda Item No. 16C8 March 23, 2010 ... Page 26 of 26 . . . . . . .... .. ., ..}!t.'..,...'....'''';v ,. ."'. ,.. ~.'. 'f~ ~~~~. .'l' :}." , .i ., '. '. ,. \~.:~;:.. ., 0,.."""- Dump Truck 1010 15 CY HOOf 40.00 Duom Truck 161020CY Hour 50.00 railer Dumn wi Tractor 30to4OCY Hour 60.00 Trailer DUIDD wiT_or 41 10 50 CY Hour 70.00 Trailer DUIDD w/Troctor 51106OCY Hour 80.00 Trailer Dumn wi Tractor 611070CY Hour 90.00 Walking Floor Trliler wi Tractor loocy Hour 95.00 :..~:.}' It! "'"" r:~~j~~1f!: t"~~@ " ,,',-.. V\.,:""'"A: , ., '. OperYlltln Not ladIlMd Pickup Truck In Ton Dav 125.00 Pickup Truck 3/4 Ton Dav 145.00 Piclcup Truck I Ton Day 175.00 Box. Truck 3/4 Ton Dav 165.00 Utility Van 3/4 Ton Day 115.00 P....nlD:r Van 9 P..sen..... Dav 145.00 Passenger Car FuU size Day 95.00 <J ... ...,',.. . I1f " . }~j ,,' .i.~ ., .. ';:" .""\, ()O..!'7~~;?,-.l; ".'._, " Superintendent wi Pickup Truck Individual Hour 75.00 Supervisor wi Pickuo Truck Individual Hour 60.00 Safe", or OC Manalzer wi PicIcuD Truck Individual Hour 60.00 Mechaoic wi Truck and Tools Individual Hour 60.00 Climber wi Gear Individual Hour 95.00 Operator wi Chaio5aw Individual Hour 55.00 Labon:r wi Tools Indiyidual Hour 30.00 Tf1Iffic ConlrolPem>nncl Individual Hour 30.00 Ticket Writers Individual Hour 35.00 Clerical Individual Hour 35.00 Administnttivc Assisrant Individual Hour 45.00 ~,:}*,,'.!.~\.m"'l." :~~t';r~'~~~f -- :..:. .,,,, -' .:'" >;;.:..."~, 56' Sballow Draft Landin. Croft wi Crane Crew of 2 Dav 7850.00 33' Fast B~ wI W'mch Crewof2 Day 4725.00 14' Utility Boat wI Motor Crew 01 I Dav 545.00 Tank Diver wi Gear Individual Hour incident sp<dfic Hardhat. Diver wI Gear Individual Hour incident ._11k Scuba Bottle Refill lair) 80 Each 21.00 Air Pump wi multi breathiDR: lines Brownie Lung Day 450.00 .."(': ":,,,.;; ~~:,~~;t.~m~>:~[@i1~~;J*Yi~~ .' :; ~".y:'I.,ri~},.,.Jj~itt. Jri!, " ....-; , ~';"'" ,;;,:~ ':'-,,''';;IIi. - ;." .'", "i r~,~ f':','r,,:.hr~.I..~.rf).)o., $ 1 , '~~..H:,~,:,h.. l!J:!It. Tower wI generator Dav 65.00 Office Trailer 40 foot Day 85.00 Slorage Container 40 foot Day 55.00 rust Aid Station OSHA Spec Dav 65.00 Portable Toilet SinR,}e Week 55.00 Observation Tower USACE Spec E.tch 3S00.OO I