Agenda 05/13/2008 Item #16C 5
Agenda Item No, 16C5
May 13, 2008
Page 1 of 37
EXECUTIVE SUMMARY
Recommendation to approve AshBritt Environmental Inc. (contract 05-3661) and
Solid Resources Inc. (Contract 05-3831) as the initial debris recovery team for
Collier County's 2008 hurricane season debris removal and monitoring contractors
for operational readiness.
OBJECTIVE: To obtain approval of the Board of County Commissioners to approve
AshBritt Environmental Inc. (contract 05-3661) and Solid Resources Inc. (Contract 05-
3831) as the initial debris recovery team for Collier County's 2008 hurricane season
debris removal and monitoring contractors for operational readiness.
CONSIDERATION: The Public Utilities Division, Solid Waste Management
Department is responsible for the removal of all Federal Emergency Management
Agency (FEMA) reimbursable hurricane debris located in the right-of-ways throughout
Collier County. To plan for prompt and effective recovery after a hurricane, while
providing the maximum reimbursement from FEMA, County staff is recommending the
use of AshBritt Environmental Inc, and Solid Resources Inc. These are two tested and
successful contractors, who staff recommends to manage and handle debris recovery
efforts for the 2008 Hurricane Season.
Staff recommends using these two contractors, as allowed under their respective
contracts, to provide Collier County with experienced and competent contractors for the
County's disaster mission needs. Contract 05-3661 with Ash Britt was approved on
06/l4/2005, Agenda Item 16C7 and Contract 05-3831 with Solid Resources, Inc. was
approved on 06/28/2005, Agenda Item 16C18. Each of these Board approved contracts is
for a four (4) year period with two (2) additional one year renewals. The two firms are to
provide post disaster equipment and human resources adequate to assist County Staff in
monitoring and documenting the cost incurred to remove and dispose of disaster
generated debris in full compliance with FEMA rules and regulations. This will assist the
County to qualifY for maximunl reimbursement of Federal and State Emergency Funds.
Both contractors were used during the Hurricane Wilma debris clean up and their
performance exceeded expectations.
Pursuant to this recommendation, staff requests authorization to activate these firms via a
purchase order in anticipation of an emergency declaration so as to ensure their
availability and timely mobilization. Further, staff reserves the opportunity to activate
and order services from other firms under both of the respective contractors for debris
removal and/or other services set forth in the respective agreements 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 hurricane debris sites
that best serve Collier County communities. The approval of this selection prior to a
storm event benefits the County for the following reasons;
Agenda Item No. 16C5
May 13, 2008
Page 2 of 37
. Pre-selected vendors, on-call, and on-contract with Collier County to provide
effective disaster recovery services will enhance post storm response time to start
debris clean-up.
. Utilize tried and tested high performing contractors who specialize in debris
recovery service and monitoring services.
. Vendors have recent and successful experience and an established geographical
understanding of Collier County post Hurricane Wilma.
. The Vendors worked effectively with FEMA representatives in an effort to
operate within the FEMA guidelines to optimize reimbursement eligibility after
Hurricane Wilma.
Additionally, the Public Utilities, Solid Waste Management Department, in cooperation
with its two contractors on bid, have proactively participated in, and gained FEMA
approval of the County's Debris Removal Plans. Under the FEMA Public Assistance
Pilot Program, the County qualifies for additional reimbursement. According to FEMA,
the Public Assistance Pilot Program "allows for an increase in the Federal share of debris
and wreckage removal for States and local govemment that have an approved debris
management plan and have pre-qualified two or more debris wreckage contractors before
the date of declaration of the major disaster." As outlined in the attached approval letter
from FEMA, Collier County is eligible to receive an additional five percent (5%) Federal
cost share.
FISCAL IMPACT: The financial extent of this impact is dependent on the number and
severity of events, and costs recovered from Federal and State Emergency funds.
GROWTH MANAGEMENT IMPACT: These Contracts and the activities anticipated
to be tasked under them will have no impact on the County's Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve AshBritt
Environmental Inc. (contract 05-3661) and Solid Resources Inc. (Contract 05-383l) as
the initial debris recovery team for Collier County's 2008 hurricane season debris
removal and monitoring contractors for operational readiness.
PREPARED BY: Daniel R. Rodriguez, M.B.A., CFM, Director, Solid Waste
Management Department.
Page lof2
Agenda Item No. 16C5
May 13, 2008
Page 3 of 37
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C5
Recommendation to approve AshBntt Environmental Inc. (contract 05-3661) and Solid
Resources Inc. (Contract 05-3831) as the initial debris recovery team for Collier Countys
2008 hurricane season debris removal and monitoring contractors for operational readiness.
Meeting Date:
5/13/2008 9:0000 AM
Approved By
Steve Carnell
Purchasing/General SVGS Director
Date
Administrative Services
Purchasing
4/29/2008 4:21 PM
Approved By
Joseph Bellone
Operations Supervisor
Date
Public Utilities
Public Utilities Operations
4/29/20084:44 PM
Approved By
Phil E. Gramatges, P .E.
Sr. Project Manager
Date
Public Utilities
PubliC Utilities Engineering
4/29/20084:50 PM
Approved By
Ray Smith
Director
Date
Public Utilities
Pollution Control & Prevention
4/30/20088;45 AM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
4/30/20089;02 AM
Approved By
Daniel R. Rodriguez, M.B.A. Solid Waste Director
Date
Public Utilities Solid Waste
4/301200810;07 AM
Approved By
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
4/30/2008 11 ;14 AM
Approved By
James W. Delany
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
4/30/2008 1: 13 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
4/3012008 1 :29 PM
Approved By
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5/7/2008
Page 20f2
Agenda Item No. 16C5
May 13, 2008
Page 4 of 37
Randy Greenwald
ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
4/30/2006 2:02 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4/30/2006 6:00 PM
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'.'
Agenda Item No, 16C5
u.s. Department of Ho~yd1i1l'F!llfii(y8
Region IV Page 5 of 37
3003 Chamblee Tucker Road
Atlanta. GA 30341
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.; FEMA
(-'l....n ~~\.-
March 26, 2008
Mr. W, Craig Fugate, Director
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
.
.
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Attention:
Gary Freerksen
co
Reference:
Public Assistance Pilot Program
Debris Management Plan
Collier County
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Dear Mr. Fugate;
The Department of Homeland Security (DHS) Appropriations Act, 2007, Public Law 109-295
(the "legislation"), directs the Federal Emergency Management Agency (FEMA) to conduct a
Public Assistance (P A) Pilot Program, The legislation sets forth three goals for the P A Pilot
Program: reducing the costs to the Federal Government of providing assistance to State and local
governments, increasing flexibility in grant administration, and expediting the provision of
assistance to States and local governments. The P A Pilot Program specifically addresses the
provision of assistance under sections 403(a)(3)(A), 406 and 407 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U,S.C. 5170b(a)(3)(A), 5172, 5173 (Stafford
Act). These sections relate to debris removal and the repair, restoration, and replacement of
damaged facilities.
Section 689j(a)(3)(B)(iii) of the legislation allows FEMA to increase the Federal share for debris
and wreckage removal for States and local governments that have an approved debris
management plan and have pre-qualified two or more debris and wreckage contractors before the
date of declaration of the major disaster. This procedure, known as the Increased Federal Share
Incentive, applies to projects funded under sections 403(a)(3)(A) and 407 of the Stafford Act; in
other words, Category A debris removal.
Recently, FEMA received a Debris Management Plan from the referenced Applicant for
consideration under the P A Pilot Program for the Increased Federal Share Incentive procedure.
www.fema.gov
Agenda Item No. 16C5
May 13, 2008
Page 6 of 37
FEMA has evaluated the Debris Management Plan against criteria contained in the PA Pilot
Program Guidance, June 2007, Appendix E. The results of our review are reflected on the enclosed
PA Pilot Program Increased Federal Share Incentive Checklist Based on our review, the Plan has
been approved. During the next Federally-declared disaster occurring prior to the completion of the
P A Pilot Program on December 31, 2008, in which the Applicant is an eligible applicant for
disaster assistance, the Applicant is eligible to receive an additional five (5) percent Federal cost
share for eligible Category A debris removal work, not to exceed 100 percent Federal cost share.
Please ask the Applicant to retain this approval letter and the enclosed checklist. Please instruct the
Applicant to submit a copy of both to the Public Assistance Coordinator (PAC) Crew Leader
assigned to the Applicant's jurisdiction during the Kickoff Meeting.
If you have questions or need additional information, please contact Mr. Jesse F. Munoz, Director,
Disaster Assistance Division, at (770) 220-5300,
Sincerely,
/~
~ajor p, May
/' ., Regional Administrator
Enclosure
Yes No
Appendix E -
Increased Federal Share Incentive Checklist
Agenda Item No. 16C5
May 13, 2008
Page 7 of 37
Applicant
Collier County FL
PAID
DR-
Point of Contact
Phone Number
Debris Management Plan
1WO
2WO
3WO
4WO
5WO
6WO
7WO
8WO
9WO
10WO
11WO
12WO
13WO
1WO
2WO
Does the plan outline the roles and responsibilities of the various
functions identified (Public Works, Finance, and Solid Waste Departments, etc,)?
Does the plan address health and safety procedures in accordance
with State/local health and safety standards/requirements?
Does the plan identify procedures for acquiring required regulatory permits?
Does the plan address the basis for planning which include assumptions
for various events and forecasting/modeling for debris volumes?
Does the plan include priorities for the clearance. collection, and disposal
of debris?
Does the plan address recycling?
Is there a process for the collection and disposal of hazardous waste and/or
white goods?
Does the plan address debris monitoring of the pickup sites, Debris Management
Sites (OMS) or Temporary Debris Storage and Reduction Sites (TDSR)
and final disposal?
Does the plan Identify OMS' or TDSRs' and potential landfills for final disposal
to include operation and site management procedures and staffing?
Does the plan address the environmental requirements?
Does the plan address contracting/procurement procedures?
Does the plan address the authority and processes for private property debris
removal?
Does the plan address the dissemination of Information to the general public and
media?
List of Pre-Qualified contractors
Does the applicant have a list of pre-qualified contractors
Does the applicant have documentation demonstrating how the list was obtained?
Approved x
Disapproved
Signature Paul Wilson Date 3/17/2008
NOTE: References to DSG should be removed as they are no longer valid.
Agenda Item No. 16C5
May 13, 2008
Page 8 of 37
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AGREEMENT
LLfiU.-.- ~
THIS AGREEMENT, made and entered into on this/? day of ,2005, by and
between AshBritt, Inc" authorized to do business in the State of F orida, whose 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 (10) 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 terms 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. Payment will be made upon receipt of a proper
.
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Agenda Item No. 16C5
May 13, 2008
Page 9 of 37
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invoice and in compliance with Section 218.70 F.S., 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, Ine.
480 S. Andrews Avenue, Suite 103
Pompano Beach, FL 33069
Telephone: 954-545-3535
Facsimile: 954-545-3585
Ernail: 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;
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Agenda Item No. 16C5
May 13, 2008
Page 10 of 37
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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@colliergov.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:
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Agenda Item No. 16C5
May 13, 2008
Page 11 of 37
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Mileage:
Breakfast:
Lunch;
Dinner:
Airfare:
Rental car:
Lodging:
$ .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
Parking:
11. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., 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
internally by 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 aU 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 ill, 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
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Agenda Item No. 16C5
May 13, 2008
Page 12 of 37
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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-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a rninimum 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,
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Agenda Item No. 16C5
May 13, 2008
Page 13 of 37
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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, monitoring, 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, contarninants 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
Cornmercial 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. Special Reauirements: 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.
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Agenda Item No. 16C5
May 13, 2008
Page 14 of 37
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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.
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Agenda Item No. 16C5
May 13, 2008
Page 15 of 37
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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.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~~ ~
ASHBRITI, INC.
Con
By:
First Witness
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Randy Perkins
President
Typed signature and title
Fernando Neris
IType / print witness name I
Approved as to form and
legal sufficiency:
~~
Assistant County Attorney
8
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PDmplno Inch, FL 330ft
tN8U"ERS AFFClADlNG c:oYEllAliIE
11ttURliR;. AmenC:ln Inw-,;;.t1onat
~~' Corii'\'o",. & 1~~lry . .
lN8URliA c- Nationa' Gr.Ing.
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INIu.l:fl:l::
~
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NAIe .
COVERAGES
'riot! POl.ICIES nF lN~uM"CE UST'EO BILOW HAVE lEEN laeUi.D 11) THE 1N9UI'!O NAMEg ABOVE '011I THE POLICY P'I!"'D INDI~T!O. KOTWrrI1ST;"Nt)lNCl
ANY REQUREMENT. TEfIlM OR CONotTtON. OF ANY CCMTRACi OR oTHlft DOCUMENT WITH RSPECT TO WHICH rfollS Cl!Pn'lP'lCATE aMY Ie IS!U!O OR
MAY PERTAQII, THE 'N~UAANCE AFfOlU)I!D 11'1" THE PO~IQ!S DESCRI8!O HPIlN lS CuaJEeT TO ALl. THE ttRMB, EXCl.LJSIONS AHt:J CO"'DITIONS OF SUCH
POLICES, MOREGA!I UWT'S SHOWN MAY HAVE IIEEN Flt!OUCEg iT PAlO e~~ n--.'"iAlIa' "
~YJfU"'E" ~ -~ I wrrt
A X ;!~:C~NfJW.l.lA'lI.rTT PROPO"'1336 512212008 5l22l2001 Ii~ : _,..
~ _ J CLAIfCIMDI r!J OCCUR MiO'....(Al'l1_,J1lIInl .
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t~LAliQRe,!:'~.l"4ff~~"!K. ~~T8.COMll~. "'" ,
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CA3117982
51'Z2I2005
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F AA:'I"f..s4l-3585
Certlflcltl. hallie, Ie lIolell.. In olldltlonallnoured with ..opoello goneralllabilily
CERTlFtCAT:!: HeLDeR
e NCElLATION
COLLIER COUNTY SOARD OF COUNTY
COMMISSIONERS
3301 E.TAMIAMI,",All
NA"lE5, FL 34112-
'lItCM,ll.O fUl't QlII 'I'MIi AIOY. ~I.G P'OLlctlS Ie CA.~;~IP .1''''''' 6kJrWlATIO_
~n;:"TMUOf.TMGIIIUlNGMfW"lE'tlMUl!lftJ!Avo<<.""MAIl 3~ O,t,V'WW1'TO
IilOTlQl TP'lM, cum~,.. ~OLDI." IU.MlI8lOfMI LI~, .IlT'&llUM. TDDO 'D''''IUoL
~.. liO O......"TlUM Ofll LMMUTT or """ "IMP llI"ON;1"HE ...u<<ttt, 1'1" ..eJift'I. SIfIil:
1":.""'. ..
alr-UtruTNI
-"CORD 25 (ZD01ml
C> AC;ORa C:ORPOIlATION 18U
I
.
Agenda Item No. 16C5
May 13, 2008
ASHr!tIt(lll.Ol17 of L:QNN
.'
.ACORDm
CERTIFICATE OF LIABILITY INSURANCE
DUCER
Acordia West Palm Beach
501 South Flagler Drive, Suite 600
West Palm Beach, FL 3340.1.5914
(561) 655,550.0.
DATE (MM/OOIYYYV)
6/13/20.0.5
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.
INSURED
Ashbrill, Ine & Southeast Equipment
480 S.Andrews Ave
Suite 10.3
p,ompano Beach, FL 330~9
iNSURERS AFFORDING COVERAGE
INSURER A American International
INSURER 8: Commerce & Industry
INSURER c: Old Dominion Ins
NAIC#
INSURER 0
INSURERE-
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~f: Nr::~r TV" POLICY NUMBER PRAL~~~.i[.~~;:;W,E P~~!f"y '~I~~~~N LIMITS
~NERAL LlABIUTY EACH OCCURRENCE I. 1,0.00.,000
A X ~pMMERClAl GENERAlllABILlTY BINDER45 5122/20.05 5/22/20.0.6 PREMISES EaocC>..lrence\ !s 100.,000
_ CLAIMS MADE ~ OCCUR MED EX? (Anyone person) . 25,000
PERSONAL & ADV INJURY . 1.000.,000
- 2,000,000
GENERAL AGGREGATE .
~ 1,000,000
-3fl'l AGG~En LIMIT APrlS lPER: PRODUCTS - COMP/OP AGG .
X POLICY j~R;: LOC
~TOMOBILE LIABILITY BINDER44 5/22/200.5 5122/20.0.6 I COMBINED SINGLE LIMIT . 1,000,000
A ~ ANY AUTO i (Eaacodent)
~ ALL OWNED AUTOS i BODilY INJURY
.
SCHEDULED AUTOS 'Werperson)
-X- I
- HIRED AUTOS I
~ .. 80Dll Y INJURY .
-~ NON-OWNED AUTOS i(PeraCCident}
i - - I PROPERTY DAMAGE .
. .. ... .. . . (Paracdi::lilnl)
I RRAG'L1ABILlTY AUTO ONLY. EA ACCIDENT .
ANY AUTO OTHER THAN EA ACC .
AUTO ONLY: AGG .
I pESS/UMBRElLA LIABiliTY EACH OCCURRENCE . 5,000,000
'A OCCUR D CLAIMS MADE BINDER47 5122/20.0.5 5/22/20.0.6 ! AGGREGATE . 5,000,000
I IS
~ DEOUCTlBlE I.
- X RETENTION . 10.,0.0.0. i I.
WORKERS COMPENSATION AND X I ~~~I~Ns I IOJ"~-1
B ' EMPLOYERS' LIABILITY WC9683D39 9/26/20.0.4 9/26/20.0.5 i E,l. EACH ACCIDENT'S 100,00
1 ANY PROPRIETOR/PARTNER/EXECUTIVE
I OFFICER/MEMBER EXCLUDED? ! E,l DISEASE. EA EMPLOYEE S 100,000.
~p~~I~rp~~v~s~~~s below I E.l. DISEASE - POLICY LIMIT I S 500,001
OTHER I I
C Business Personal Property FRG54523NA T -GRAN 5/18/20.0.5 5/18/200.6 40,000
I
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
FAX; ~,545,3585 ty-l - '3 C:.,{p (
CERTIFICATE HOLDER
CANCELLA nON
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
330.1 E.TAMIAMI TRAIL
NAPLES, FL 34112-
SflOULO ANY OF THE ABOVE OESCRIBED 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 00 SO SHALL
IMPOSE NO OBLIGATION OR LIABilITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESE rIVES.
AUTHO EO RppRESENTATlVE
-
ACORD 25 (2001/08)
@ACORDCORPORATION 1988
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Agenda Item No. 16C5
May 13, 2008
Page 18 of 37
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APPENDIX A
PUBLIe PAYMENT BOND
Disaster 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 firmly 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 THlS BOND is that if Principal;
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with
labor, materials or supplies, used directly or indirectly by 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 fIled 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
Witnesses as to Principal
BY;
NAME;
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _day of
as
20_, by
of
9
'.
.
"
personally known to me OR has produced
My Commission Expires:
(AFFIX OFFICIAL SEAL)
A TIEST:
Witnesses to Surety
a
.
Agenda Item No. 16C5
May 13. 2008
Page 19 of 37
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corporation, on behalf of the corporation. He/she is
as identification and did (did not) take an oath.
(Signature of Notary)
NAME:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY;
(Printed Name)
(Business Address
(Authorized Signature)
(Printed Name)
to
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Agenda Item No. 16C5
May 13, 2008
Page 20 of 37
,,- ..'
.,
, .
, .
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
u ~
Surety, on behalf of Surety. He/She is personally known to 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.:
II
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>
Agenda Item No. 16C5
May 13, 2008
Page 21 of 37
.,. ....
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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
(B usiness Address) are held
as Obligee in the sum of
and fIrmly bound to
($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives,
successors and assigns. jointly and severally.
WHEREAS,
Principal
has
entered
into
of the day of
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.
a
contract
2005,
dated as
with
THE eONDmON OF THIS BOND is that if Principal:
1. 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 tbe Contract, including, but not timited 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 Contract or other work to be performed hereunder, or the specifications referred to
therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the tenns of the Contract or to work or to the specifications.
This instrument shall be construed in all respects as a cornman law bond. It is expressly understood that the time
provisions and statute of limitations under Section 255.05, Florida Statutes, shall 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. 16C5
May 13, 2008
Page 22 of 37
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BY:
Witnesses as to Principal
NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
as
, 2oo5, by
of
corporation, on behalf of the corporation.
as
, a
He/she is personally known to me OR has 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
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ATTEST:
Witnesses as to Surety
Witnesses
STATE OF
COUNTY OF
. .
Agenda Item No. 16C5
May 13, 2008
Page 23 of 37
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SURETY:
(Printed Name)
(B usiness Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
The foregoing instrument was acknowledged before me this _ day of . 2005, by
as of a
Surety, on behalf of Surety, He/She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
14
o'
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APPENDIX B
[5
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o.
Agenda Item No. 16C5
May 13, 2008
Page 24 of 37
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ASHBRITTFEESCHEDULE
Agenda Item No. 16C5
May 13, 2008
Page 25 of 37
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r~;'~l:., .,. -,{:' ,~' _ . < ~ -, ~~~~,'~"~ ~)~ ~ ":'~'~:' .~~/~S~_c: '_~ ~'j~ ' . ,~~~.' :
As directed by the COUNTY, the CONTRACTOR .hall provide .upervi.o", personnel and eqoipment
for emergency clearance of public roads and property. Emergency road clearance is accomplished by
n:moving large debris from the traffic lanes to the public Rights-Of-Way (ROW) for collection hy
others. Emergency clearance of public property is accomplished by removing debris from pcdesttian or
vehieular traffic areas to the public ROW for collection by others.
Equipment and
Labor Rates on
the Hourly Rate
Schedule
11: ~."' . ~'~"~~. ~:. . _ ,'". ,.'. _'~; .~~~;:~,r;~~-'," .', ~-. ~'\ (~~,}~~~~. :' ,: '
a.
Validated load picked up at the designated wort zone, hauled to and dumped at a Temporary Debri.
Storage and Reduction Site (TDSRS). or to a landfill approved hy the County.
()"15 mile.
16-30 mile.
31-60 miles
61-90 miles
Validated load hauled from mSRS for fmal di'po.itinn at a County approved landfill or recycling
facility,
$
$
$
$
11.00
12.75
15.50
18.25
Icu.yd.
Icu.yd.
Icu.yd.
leu.yd.
b.
()..IS mile.
16-30 miles
31-60 miles
61,90 mile.
$
$
$
$
2,75
4.00
5.75
7.50
leu.yd.
Icu.yd.
Icu.yd,
Icu.yd.
E( '~~i~< - :::~~:~,_ ':~~..~n~~;:~ :.,,~' ~:f (~~'~~'~:i':~;~~'~~~~::~':,:0~f:~::~?~,:;~:);: . '.~ C I " ..~
il...:....itiL~~...J<"Je,li~Jb_ __ ,,,--^ ..L. L._~~J;~,-,:;;'_-.;;," ~"'_ .. ,J)~~__II:.~~~""t.,-_."'~-_~_ '._....<,)._""",,,i__
a,
Site Management including preparation and layout of site; management. maintenance and operation of
the TDSRS; soning and segregation of the debris stream; groundwater and soil testing: furnishing
materials, supplies, labor, t~ls and equipment necessary to perfonn services; providing traffic control. $
dust control, erosion control, inspection tower(s), ash and. HrW containment areas, fire protection.
permits (as necessary), and safety mcasun:.; loading reducedl.toted and initiating load tickets for fmal
disposition.
3.75 leu.yd,
b.
Reduction of Debri. delivered to the mSRS by grinding.
Reduction of Debris delivered to the TDSRS by buming.
1.95 leu.yd.
1.75 leu,yd,
c.
$
$
4
~:r:~"""""'~ -'>~: ~ ,';~';'>'1:,~",",Jl;'>::r~. \"~ :"<:_.~-:<-;::.,;,",,"~";'';'~,~;:'':::;;:''<1c;''.>'' -~......~:t'''~;l';"~,~g' " ,.., T;.':,~_~ ,-
-'"~."If(Y'J . ,~J.l";;"F" 'i) I ,\"'\. "I' t' ~.", 1-", ~~.'''~cl~::l<''',oiI!v,- \, "'>,\' .,^_,"''.
li'p~'.~::. )O'o~~~";.;; > ,~:..J:.,.'t 11""\'.J.f..t,~' .,." '.l<'l,'iI",l,h,<,_,'"". :~..J):lt:'l", '~:^ -.' _~,
ii..:.,t<.;:o.:;:_~:~,~),:': ,_""""",.......:.:....::..'C"!..~""...~(';.,~ _ j r ..._~~a......:..~~;:";.:..-.",~.""::"~.':r...J.;.,"~~1.>""~'~"fi<:;.,:....._"~-, I...."..,~,l.~ -.;,,'
a.
Private Pro,oenv Demolition and Dehris Removal- The CONTRACTOR shall operate beyond the
puhlic Right Of Way (ROW) ouly as identifted and directed by the COUNTY. Operatioo. beyond the
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
structures and the removal and relocation of the debris to the public ROW.
Hourly Rate
Schedule or
Negotiated Unit
Price
I
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Agenda Item No. 16C5
r,ldY IS, 2668
Page 26 of 37
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Marine DeNis Removal~ The CONTRACfOR shall clear canals and waterways of marine debris only Hourly Rate
Schedule: or
b. as identified and directed by the COUNTY, Debris will be removed from the WlllerWay and deposited Negotiated Unit
on the bank for collection by others. Price
H$I7J1tmnns and/or Toxic Waste Disoosal. The CONTRACTOR shall collect, transport and dispose of Hourly Rate
Schedule or
c. HTW in accordance with all applicable federal, slate and local laws, standards and regulations as Incident Specific
directed by the COUNTY. Price
Dead Animal Carcasses - As identified and directed by the COUNTY. the CONTRACTOR shall
d. collect and haul dead animal carcasses, including but not limited to dead livestock, poultry and large $ 2.75 lib.
animals that pose an imminent and significant threat to public health and safety, to the TDSRS and/or
Final Disposition Site at an approved landfill.
Hazardous Tree and Limbs- As identified and directed by the COUNTY the CONTRACTOR shaH Hourly Rate
Schedule Of
e, remove stonn damaged trees or limbs that are detcnnined to pose a threat to public safety. Debris from Negotiated Unit
the hazard will be removed to the ROW for collection by othel'll. Price
Hazardou, Smmn,. A, directed by the COUNTY the CONTRACTOR shall remove slump' and haul to
f. the TDSRS. Stump, will be measured twelve (12) inches above the root ball 10 determine the diameter
of the 'mmp.
Stumps from 24 to 48 inches $ 575.00 I,tump
Stump, 48 to 72 inches diameter $ 875.00 I'tump
Stumps greater than 72 inches diameter $ 1,275,00 Istump
EiI!..lliI!' As identified and directed by the COUNTY. the CONTRACTOR shall place compatible fill
g. dirt in ruts created by equipment, vehicles and holes created by removal of hazardous stumps and other $ 15.25 Icu.yd.
area that pose an imminent and significant threat to public health and safety.
Sand Screenin.. The CONTRACTOR shall sc~n all sand to remove Eligible Debris depo,ited as a
result of a natural or manmade disaster. Sand screening shall include the collection of debris-Jaden
h. sand. hauling to the processing screen, processing the sane through the screen and returning dean sand $ 8.50 Icu,yd,
to the beach. Eligible debris removed from the sand ,ball be collected, hauled and processed at the
TDSRS.
White ('JOOds- The CONTRACfOR shall recycle all eligible white goods in accordance with all
i. federal. state and local rules, regulations and laws. Non-recyclable units will be disposed of at an $ 16.00 Icu.yd.
approved site within the County.
Freon Re.covCf'\l- The CONTRACfOR shall remove and recover Freon from any white goods, such as
j. refrigerators, freezers or air conditioners. at the lDSRS or fmal disposition she in accordance with all $ 65,00 /unit
federal, state, and local rules, regulations and laws.
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Agenda Item No. 16C5
May 13, 2008
Page 27 of 37
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~;~;~' ~~:~~:' . -'~:_.. "~. :.' ~ -- . +'1,~~:~: :J~ :~~~~~~~:E~~~<~l'~~~~':~~~_~~ ~ ~~-n "; ~"_, _
Traininll and Assistance- Annual sessions for all key COUNTY personnel from a syllabus developed by
a, the CONTRACTOR, Assistance in all applicable disaster debris recover planning efforts as requested.
No Additiooal Cost
Preliminarv Damal!'C Assessl1K:nt- Assistance in the determining the impact and magnitude of the disaster
b.
event
No Additional Cost
Mobilization and Demohili7.ation- All arrangements and costs necessary to mobilize and demobilize the
C. Contractor's Labor force and equipment needed to perfonn the Scope of Services contained herein shall
be made by the CONTRACfOR.
No Additional Cost
Temoorarv Stora2e of Documents- The CONTRACfOR shall provide storage of daily or disaster-related
d. documents and reports for protection during the disaster event
No Additional Cost
Rcnortinl!' and Documentation- The CONI'RACI'OR shall provide and submit to the County all reports
f. and documents as may be necessary to adequately document the Debris Recovery Services.
No Additional Cost
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Agenda Item No. 16C5
May 13, 2008
Page 28 of 37
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Hourly Rate Schedule Cor -
Skid SleerLoader Bobcat Hour 55.00
Backhoe Cat 416 Hour 95.00
Wheel Loaders Cat 950 Hour 115,00
Wheel Loaders Cat 966 Hour 125.00
Wheel Loaders Cat 980 Hour 135,00
Tracked Loader Cat 955 Hour 125.00
Towed Loader wi Tractor Preotice 210 Hour 140,00
Self Loadin2 Knuckle boom Truck 25,35 CY Bodv Hour 125,00
Self Loadin. Knuckle boom Truck 35-45 CY Bodv Hour 140,00
Dozer CatD4 Hour 95.00
Dozer CatD5 Hour 105.00
Dozer CatD6 Hour 125,00
Dozer CatD7 Hour 135,00
Dozer CaIDS Hour 150.00
Excavators Cat 320 Hour 90.00
Excavators Cat 325 Hour 115.00
Excavators Cat 330 Hour 130.00
Tractor wI Box Blade SOH, Hour 35,00
Motor Grader Cat t20G Hour 120.00
Crane 30 Too Hour t70,OO
Bucket Truck Do to SO' n:ach Hour 130,00
Bucket Truck 50' to 75' relU:h Hour t50,OO
Trash Transfer Trailer wI Tmctor 110 Yard Hour 125,00
Mechanized Broom Sln:el Sweeper Hour 75.00
Water Truck 2000 Gallon Hour 65.00
Sturrm Grinder Venneer 252 Hour 85.00
Otipper w/2 man crew Morhark Storm Hour 125,00
12-Foot Tub Grinder Morhark t200 Hour 395.00
13-Foot Tub Grinder Morhark 1300 Hour 455.00
14 Foot Tub Grinder Diamond Z 1463 Hour 490.00
~ipment Transport wI Tractor 50 Ton Hour 90.00
Truck. Mounted Winch Tow Truck Hour 90.00
Vacuum Truck JetVac Hour 172.50
c Ice Delive
ene Water Delive
CDC Power Generators
Detennined b availabili
Detennined b availabili
Determined lhru site surve
Each
Each
Each
incident s t!ci
incidl!lIt s eci
incident s ec.
l
Agenda Item No. 16C5
May 13, 2008
Pa~e 29 of.37
..
.
. .
. .
. .
Du Truck
Du Truck
Trailer Du wi TlllClOf
TrailerD w/Tnotor
Trailer Du wi Tnclor
Trailer Du wi Tractor
Walkin Floor Trailer wi Tnotor
Hour
Hour
Hour
Hour
Hour
Hour
Hour
0pe1YUl'WJ htdaMd
40,00
50.00
60.00
70.00
80.00
90,00
95,00
1010 15CY
161020CY
301040 CY
411050CY
5tlo60CY
6110 70CY
l00CY
Piclcu Truck
Picku Truck
Picku Truck
Box Truck
Utili Van
Passen Van
Pas Car
Opf-TOIOn NOI/1ICiJMUd
125.00
145.00
175,00
165.00
1\5,00
145.00
95.00
In Ton
3/4 Ton
1 Ton
3/4 Ton
3/4 Ton
9 PasseD er
Full size
Da
Da
Da
Da
Da
Da
Da
,,'f ~ f'~~'';;;j
ii~1iJ}',-E.;~'
Su . tendeDt wI Picku Truck
Su isor wI Pieku Truck
Safe or Man wI Piclru Truck
Mechanic wi Truck and Tools
Climber wi Gear
tor wI Chaiosaw
Laborer wi Tools
Traffic Control Personnel
TickctWriters
Clerical
Administrative ASSistant
Individual
Individual
Individual
Individual
Individual
Individual
Individual
Individual
Individual
Individual
Individual
Hour
Hour
Hour
Hour
Hoor
Hour
Hour
Hour
Hour
Hour
Hoor
75,00
60.00
60.00
60.00
95,00
55.00
30.00
30,00
35.00
35.00
45.00
r;,~~*:'~iij~l;;};~~!~~t
,;;" .,~,,~ . ~ "'\ ,,>,, ,,~ '....A.." ,.",!.."..y$o!,..;r...'.....
56' Shallow Draft Landin Craft wi Crane
33' Fast Bar wi Wmch
14' Utili Boat wi Motor
Tank Diver wI Gear
Hardhat Diver wI Gear
Scuba Bottle Refill (air
Air Pu wI multi breathin lines
Crew of 2
Crew of 2
Crew of I
Individual
Individual
80
Brownie Lun
Da
Da
D.
Hour
Hour
Each
Da
7850,00
4725.00
545.00
incident s eci c
incident s eel
21.00
450.00
Li t Tower wi nerator Da 65.00
Office Traiter 40 fool Da 85.00
Slora Container 40 foot Da 55.00
First Aid Station OSHA S D. 65,00
Portable Toilet Sin Ie Week 55.00
Observation Tower USACE S Each 3500.00
~.
.
.
Agenda Item No. 16C5
May 13, 2008
Page 30 of 37
<
~ \ .
AGREEMENT
THIS AGREEMENT, made and entered into on this 28th day of June, 2005, by and between
Solid Resources, Inc., authorized to do business in the State of Florida, whose business
address is 4456 Friar Tuck Lane, Sarasota, Florida 34232, hereinafter called the "Contractor"
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 (10) 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 FEMA Acceptable Monitoring
of Disaster Generated Debris Management and Technical Assistance in accordance with
the terms and conditions of RFP #05-3831 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 each work assignment as accepted and approved by the
County Solid Waste Director, or his designee. Compensation for each work assignment
shall be in accordance with the Appendix" A" hourly rate schedule, or as a lump sum is
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. Payment will be made upon receipt of a
proper invoice and in compliance with Section 218,70 F.5., otherwise known as the
"Florida Prompt Payment Act".
. .
Agenda Item No. 16C5
May 13, 2008
Pa,ge 31 of 37
.
r
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. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Michelle Harvey, President
Solid Resources, Inc.
4456 Friar Tuck Lane
Sarasota, Florida 34232
Telephone: 941-342-1720
Facsimile: 941-379-0946
All Notices from the Contractor to the County shall be deemed duly served if mailed,
faxed or emailed to the County to:
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@colliergov,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
2
...
Agenda Item No. 16C5
May 13, 2008
Pag~ 32 of 37
.
,
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. Expenses associated with travel. per diem, lodging and mileage
will be invoiced at the Federal published reimbursement rate at the time the expenses
are incurred and will be billed to the County at cost without mark-up.
11, PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.s., 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 internally by 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. 2004-05, 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 time; b, Prohibition by the
individual and/or firm from doing business with the County for a specified period of
3
~
, ,
Agenda Item No. 16C5
May 13, 2008
Pa,IJe 33 of 37
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 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 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-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
D. Professional Liability: Coverage shall have a minimum limit of $1,000,000.
E. Subcontractorlsl' 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. Special 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. 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.
4
. ,
Agenda Item No. 16C5
May 13, 2008
Pa,ge 34 of 37
.
.
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. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
The Contractor hereby further agrees that for each entity given written approval by the
County to utilize this option, the Contractor/Consultant shall provide the County a
check in the amount of three percent (3%) of the total annual purchases made under
each entity's contract. Contractor shall be required to provide yearly documentation of
such entities' total annual purchases in a form approved by the County,
20. 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.
21. 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 #05-3831 Specifi-
cations/Scope of Services/Contractor's Proposal and Addenda.
22, 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,
5
.
.
Agenda Item No. 16C5
May 13, 2008
P'!ge 35 of 37
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.
ATTEST"'''''''''''''''",
'-'. ...I>,'.:;'j, '"
Dwight,E,:Br&;k,~r~r~..Courts
"d7-~"" t-;"" .-.~_...""~fi\ '
By: :;
Dated~ . . .
(;",....-" '..,;'" .';.- !
~J:;i''). .'.~-,:-.'
'". I' ". ....,.~~.:
" 10,"... ....... ~\...'~ ,,'
Attest as tl)~i.t~'s'
signature on1;': """.'
Approved as to form and
legal sufficiency:
9Z~
R~b~ach~
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: NW r.......~~
Chairma~ ~ 0""'"
SOLID RESOURCES, INC.
Contractor
C ~\~ -4
First Witness
~EL.A ft"";fl'4'lP,fIU,~~
tTypej print witness name t
Signature
-+-
~
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(.s.~Je~
Second Wi
tfl/0he! e
tTypej print witness
.:..........
",.
.~~. .~~~.~~;
· . ~:-::~~- c{};.'
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6
.
.
.
.
Agenda Item No. 16C5
May 13, 2008
P'!ge 36 of 37
.
APPENDIX A
Collier County Fee Schedule
RFP 05-3831
"FEMA Acceptable Monitoring of Disaster Generated Debris Management and Technical
Assistance"
Professional Hourlv Fee
Principal $140.00
Project Manager/Deputy Project Manager $120,00
FEMA Coordinator/Specialist $110.00
Data Manager $ 75,00
Field Coordinator/Supervisor $ 70.00
GIS Analyst $ 70.00
Disposal Monitor $ 45.00
Collection Monitor $ 40.00
Administrative Support/Clerical!
Data Entry $ 35.00
This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional,
support, and other services shall be mutually negotiated by the County and the firm on a project-by-
project basis as needed.
END OF APPENDIX A
7
'-
Agenda Item No. 16C5
May 13, 2008
J .AcoB.o", CERTJFICATE OF LIABILITY. INSURANCE
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 1$ SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAIMS.
IN.R ~~1 ~.. POLICY NUMBER PR.4~y EFFECTIVE P~~!9J EXPIRATION UMITS
LTR
..!!...ENERAL liABILITY EACH OCCURRENCE . 1,000000
...!. OMMEACIAl GENERAL L1ABIUTI PFL 04-7483-001 09/24/2004 09/24/2005 PREMISES Ell. occurenOll' . 50,000
- ClAIMS MADE W OCCUR MED EXP (Anyone person) . 5,000
A X ...!. CONTRACTORS POLLUTION PERSONAL & ADV INJURY . 1 000,000
- GENERAL AGGREGATE . 2,000,000
~LAGG~n UMJT APnS PER: PRODUCTS - COMP/OP A(3G . 2,000,000
X POLICY I ~~ LOC
~OMOBllE UASIUTY COMBINED SINGLE LIMIT . 1,000,000
- ANY AUTO SRI01S01FF 09/24/2004 09/24/2005 {Ellllccidonl)
- All OWNED AUTOS BODILY INJURY
.
A SCHEDULED AUTOS (Perporson)
-
l HIRED AUTOS BODilY INJURY
.
l NON.OWNED AUTOS (Poraceidenl)
- PROPERTY DAMAGE .
(Poraccidonl)
RAOE L10'UTY AUTO ONLY - EA ACCIDENT .
ANY AUTO OTHER THAN EA ACC .
AUTO ONLY: AGG .
OESSlUMBAELU. LIABlUTY EACH OCCURRENCE .
OCCUR 0 CLAIMS MADE AGGREGATE .
.
R DEDUCTIBLE .
RETENTlON . .
WORKER$~QUp~AnQNANQ X we STATU- IOJ.tI-
. -
EMPLOYERS' UA81LITY WC7757370 09/28/2004 09/28/2005 El. EACH ACCIDENT 1,000000
B ANY PROPRIETOFVPAATNERlEXEClITlVE .
OFFICERlMEMBER EXCLUDED? E.l. DISEASE. EA EMPLOYEE . 1,000000
~~~~~tS~R~vlsi'ONs belllw E.l. DISEASE. POLICY LIMIT . 1 000 000
OTHER EACH CLA I M 1,000,000
PROFESSIONAL LIABILITY
A INCL IN POLICY & LIMIT PFL 04-74tl3-001 09/24/2004 09/24/2005 ANNUAL AGGREGATE 2,000,000
WITH GENERAL LIABILITY
DESCRIPTlON OF OPERATIONS /LOCATIONS /VEHlCLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER HAS BEEN NAMED AS ADDITIONAL INSURED UNDER THE GENERAL LIABILITY COVERAGES REFERENCED HEREIN AS RESPECTS THE
NAMED INSURED AND AS PER THE TERMS AND CONDITIONS OF TNE POLICY AS ISSUED,
05- 383\
lDDUCEO (813)248-1135
LORD & CO., PLC
PATRICIA LANE SCHMALTZ
P.O, BOX 291667
TAMPA, FL 33687-1887
INSURED
SOLID RESOURCES, INC.
4458 FRIAR TUCK LANE
SARASOTA, FL 34232
COVERAGES
CERTIFICATE HOLDER
COLLIER COUNTY BOARD OF COUNTY COMMISSIONS
3301 EAST TANIAHI TRAIL
NAPLES FL 34112
ACORD 25 (2001108)
DATE (UMlDDlYYYY)
. . 7/8/2005
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
INSURER A AMER I CAN SAFETY RISK RETENT I ON GROUP
INSURER a, AMER ICAN I NTERNATI ONAL COMPAN I ES
NAIC#
INSURER C:
INSURER 0:
INSURER e.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRl1TEN
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