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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 file://C:\AgendaTest\Export\1 07 -May%20 13,%202008\ 16.%20CONSENT%20AGENDA \16... 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 file://C:\AgendaTest\Export\1 07 -May%20 13, %202008\1 6.%20CONSENT%20AGENDA \ 16... 517/2008 '.' 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 ~p~'RiAi'~, .; FEMA (-'l....n ~~\.- March 26, 2008 Mr. W, Craig Fugate, Director Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 . . c c Attention: Gary Freerksen co Reference: Public Assistance Pilot Program Debris Management Plan Collier County ( ( . 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 , " (',' 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 . . Agenda Item No. 16C5 May 13, 2008 Page 9 of 37 r .' ': , , , . 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; 2 . .' Agenda Item No. 16C5 May 13, 2008 Page 10 of 37 ( .' , , 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: 3 . . , , Agenda Item No. 16C5 May 13, 2008 Page 11 of 37 , " 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 4 , . , , Agenda Item No. 16C5 May 13, 2008 Page 12 of 37 ,. .' 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, 5 , .' '. , . Agenda Item No. 16C5 May 13, 2008 Page 13 of 37 (. .' 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. 6 .. Agenda Item No. 16C5 May 13, 2008 Page 14 of 37 (l , ... 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. 7 . . Agenda Item No. 16C5 May 13, 2008 Page 15 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. ~..\(D Qj.', ATTH:)'r:......... "'. ~ ," .. '\ ", ........ ~htErBrook, e\(i1j< of Courts ::" .,~:o.:~. ~~.v... " ,'oC :Bt' .' .-, " " D,!. : , -. '.'1: . . . ., ',1t{j'st:..~;. to ' cj.i1l'111n . 5 S1~;IiIi&,. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~~ ~ ASHBRITI, INC. Con By: First Witness ~n-U,^ b6b(\.J-' IT e/printwitnessn el 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 lJb/~VILUU:J lb. 114 tl\}\. ~:>'f:>q::lJ:ll:1::1 r."MtH\J.11 ~..----~-- Agenda It~J\l0ul1.6C5 Jl..N--J0-2005 1e:57 ACCI<DIR MQY.1.K 200~ ACORD.. CERTIFICATE OF LIABILITY INSURANee . : I ",!~9.10f .' 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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 . 1_ _. mIDNAL'M)V~Y I r _. ,_ ClIiNIRAl.AOG"~ · t~LAliQRe,!:'~.l"4ff~~"!K. ~~T8.COMll~. "'" , IX1POI.It"t1 I~~ I lLGC "DOO~'OO 100. 25,80 ',ooO,OOGf 2.1)00,001 1,OOO,oot A ~CUAlllrn ~ Nf'f ~V't'O ~ AUOWN~OAUTOIt 1--... SOr!5tlU'-IDAUTOI ~ HWIlEC,M.ITO& "'ONoOWN!D AUTOI cOMlINUlllfIIO\,1i ~ (li.. KeIRN) ~. - , 1,ooa,00 CA3117982 51'Z2I2005 51W2OOC I- -. '.~ '- 1I0Dl.YI!rtJUJt'I' i . (Jler..raon,) 1--- i lOOl. Y INJUR'I' I I 1"'II'I=ll8I"It) , , PIlOPff(1'y D-.MAGIiI I (?ltIClHll""1 : --- ~1i1.lA'1I.tn' H AH:'tAUTO I-~O"'I.'1.IiA.frC~"'~ . OTMD'~ IE...cc I AU100frrlLY ACe c .'- ~Ma.LA UAK.lTT ~J OCCUR 0 el.A........ PROU0791331 hOiOVCTlBLI! 1\ ~ETENTlDM . WORUDeoMNlI''''JDNAND B EIlH"l.OYlIUI'LII\IIlLITV ,."., PRO'.~~I(Tt.lalltJUeolJ'l'Mi CX'~!"UC4.l.IDEO'l' --I,....-.~.- iI;.i!!olA~ I"ClOVI.IOH~ MI..- e i:':::ny PRG&4523 5/1!/ZOO1 5/1112006 o I~"'orcialln..nd Marino MXI975040l2 51Z2/2C05 512212005 Dl!NIQ'1'lO"" 0' OIlIfU.T1~' I lOCATIO'" / ""MI~I.' llteLl,MitOd -'DP&Cl1Y &N__IIINT I ~ "'D'YIIlDMI S,OOO,ODl .-. (_,DO tAl;.lo( oc:cu,uw.ce "GG~Gll.TE I I , I . A 5122/2005 512212006 I . ~..ITATU'1 I; tO~t EL.6ACIUCCItlft(il" $ H oe~I." 1l.i'\.O't't! t Ei,L,DlSEUE-POLCvt.-.1T . rVC9683031 912812004 9126/2lI05 100,00 '00,00 IlUO,ODl . A.ftl.. iqul,mBnl I.OOO..1I08.00Dtota 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 " . " Agenda Item No. 16C5 May 13, 2008 Page 18 of 37 " " , . 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 ? .' 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 .' . ." -" 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 .' , " > Agenda Item No. 16C5 May 13, 2008 Page 21 of 37 .,. .... . . , . 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 ... oJ . , . . , . 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 o' ,- ': ATTEST: Witnesses as to Surety Witnesses STATE OF COUNTY OF . . Agenda Item No. 16C5 May 13, 2008 Page 23 of 37 ~ .. , . 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' . " '. APPENDIX B [5 . . o. Agenda Item No. 16C5 May 13, 2008 Page 24 of 37 ~ .,.- J { . . ASHBRITTFEESCHEDULE Agenda Item No. 16C5 May 13, 2008 Page 25 of 37 ~ ."' 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 .' Agenda Item No. 16C5 r,ldY IS, 2668 Page 26 of 37 ., ... ! . . " , , 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. l 1 .,. . , . . . Agenda Item No. 16C5 May 13, 2008 Page 27 of 37 << . '" ~;~;~' ~~:~~:' . -'~:_.. "~. :.' ~ -- . +'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 , . ~ , . . . . . Agenda Item No. 16C5 May 13, 2008 Page 28 of 37 .", ..." 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 -+- ~ < (.s.~Je~ Second Wi tfl/0he! e tTypej print witness .:.......... ",. .~~. .~~~.~~; · . ~:-::~~- c{};.' -- ." -.- - , 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