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Agenda 04/22/2025 Item #16C 34/22/2025 Item # 16.C.3 ID# 2025-852 Executive Summary Recommendation to approve the Fourth Amendment to Agreement No. 15-6365, “Disaster Debris Management Removal and Disposal Services,” with AshBritt, Inc., to increase the fee schedule rates 2.7%, and authorize the Chairman to sign the attached Amendment. OBJECTIVE: To approve the Fourth Amendment to Agreement No. 15-6365 for Disaster Debris Management Removal and Disposal Services with AshBritt, Inc., to increase the fee schedule rates by 2.7% effective as of the January 12, 2025 renewal date. CONSIDERATIONS: Florida Statutes tasks local governments to provide disaster response and recovery services to help the public before, during, and after disasters. On January 12, 2016 (Agenda Item 16.C.1), the Board awarded Agreement No. 15-6365 (the “Agreement”) to Ashbritt, Inc. (“Ashbritt”) to perform disaster debris removal and other related disaster response services. The Agreement includes a five-year initial term and five one-year renewals. The County is currently on the fifth of the five one-year renewal periods. On September 11, 2018 (Agenda item 16.F), the Board approved the First Amendment to the Agreement with Ashbritt, Inc., incorporating rates for marine operations. The Board approved a Second Amendment to the Agreement on April 25, 2023 (Agenda item 16.C.5), to adjust the Fee Schedule to reflect a Consumer Price Index (“CPI”) adjustment of 7% across all fee schedule items effective on the then most recent contract renewal date of January 12, 2023. Recently, on May 14, 2024 (Agenda Item 12.A), the Board approved the Third Amendment to the Agreement to adjust the fee schedule for the CPI (3%), clarify and adjust the final haul-out billing table, adjust disaster response services (Camp and Comfort Services) to reflect market rates for those seldom-used contingency services, and release vendor claims associated with Hurricane Ian invoices. The attached proposed Fourth Amendment to the Agreement further adjusts the fee schedule an additional (2.7%) in line with the Consumer Price Index, South Region for November 2024. This item is consistent with the Collier County strategic plan objective Quality of Place: Maintain a fully responsive, best-in-class emergency management capability. FISCAL IMPACT: Debris removal costs are dependent upon the intensity and magnitude of the storm and can vary greatly. For Hurricane Ian, the fiscal impact was $23,600,000. For Hurricane Milton the fiscal impact is estimated at $650,000. Most eligible debris monitoring and removal expenses are eventually reimbursed by FEMA, insurance, or interlocal partners; however, not all expenses are eligible for reimbursement. Funds for debris removal are paid out of the Disaster Recovery Fund (1813). Reserves for hurricane debris removal are held in Solid Waste Landfill Closure and Debris Mission Reserves fund (4071). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact resulting from this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. —SRT RECOMMENDATIONS: To approve the Fourth Amendment to Agreement No. 15-6365, “Disaster Debris Management and Disposal Services,” with AshBritt, Inc., to increase the fee schedule rates 2.7%, effective on the renewal date of January 12, 2025, and authorizing the Chairman to sign the attached Amendment. PREPARED BY: Kari Hodgson, P.E., Solid Waste Director Page 2757 of 6355 4/22/2025 Item # 16.C.3 ID# 2025-852 ATTACHMENTS: 1. Insurance Coversheet COI 2. 15-6365Ashbritt_Contract 3. 15-6365 AshBritt FourthAmendment 4. AshBritt Affidavit Regarding Labor and Services 5. 15-6365 ThirdAmendFE_Ashbritt 6. 15-6365 2nd Amendment_Ashbritt_FullyExec 7. 15-6365 AshBritt_Amendment#1_FullExec Page 2758 of 6355 INSURANCE REQUIREMENTS COVERSHEET Project Name Vendor Name Solicitation/Contract No. Attachments Risk Approved Insurance Requirements Risk Approved Insurance Certificate(s) Comments Attachments Approved by Risk Management Division Approval: Page 2759 of 6355 Page 2760 of 6355 Page 2761 of 6355 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Colony Insurance Company Westchester Surplus Lines Insurance Co. QBE Insurance Corporation Everest National Insurance Company Federal Insurance Company 2/27/2025 USI Insurance Services, LLC 6001 Broken Sound Parkway Suite 320 Boca Raton, FL 33487 Michele N Poysell - Michele.Poysell@usi.com AshBritt, Inc 565 East Hillsboro Blvd Deerfield Beach, FL 33441 39993 10172 39217 10120 20281 A X X X $10,000 BI/PD DED X X X PACE4287406 06/06/2024 06/06/2025 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 D X X X X X CF3CA00336241 06/06/2024 06/06/2025 1,000,000 A B X X X X X X EXC4287407 G47471643001 06/06/2024 06/06/2024 06/06/2025 06/06/2025 5,000,000 5,000,000 C N X 202000242 06/06/2024 06/06/2025 X 1,000,000 1,000,000 1,000,000 A A E Professional Liab Pollution Liab Inland Marine X PACE4287406 PACE4287406 6639855 06/06/2024 06/06/2024 05/22/2024 06/06/2025 06/06/2025 05/22/2025 $1,000,000 $1M OCC/$2M AGG See below General Liability, Professional Liability include additional insured, primary & non-contributory and waiver of subrogation. Auto includes additional insured and waiver of subrogation. Workers compensation includes waiver of subrogation. Inland Marine equipment coverage - leased/rented equipment $500,000. 10 day notice of cancellation for non-payment; 30 days for all other (See Attached Descriptions) Collier County Board of County Commissioners 3295 Tamiami Trail E. NAPLES, FL 34112 1 of 2 #S48285088/M45041767 ASHBRINCClient#: 1095194 MNPEX Page 2762 of 6355 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) RE: Contract #15-6365. Collier County Board of County Commissioners is an additional insured in regard to the general liability and auto liability policy on a primary and non-contributory basis as per written contract. General Liability, Professional Liability include additional insured, primary & non-contributory and waiver of subrogation. Auto includes additional insured and waiver of subrogation. Workers compensation includes waiver of subrogation. Inland Marine equipment coverage - leased/rented equipment $500,000. 10 day notice of cancellation for non-payment; 30 days for all other. MARINE GENERAL LIABILITY - POLICY #726OM616600 - 02/25/2025 TO 02/25/2026 - $1,000,000 EACH OCCURRENCE - $2,000,000 AGGREGATE - $50,000 DEDUCTIBLE USL&H INCLUDED UNDER WORKERS COMPENSATION POLICY 2 of 2 #S48285088/M45041767 Page 2763 of 6355 Page 2764 of 6355 Page 2765 of 6355 Page 2766 of 6355 Page 2767 of 6355 Page 2768 of 6355 Page 2769 of 6355 Page 2770 of 6355 Page 2771 of 6355 Page 2772 of 6355 Page 2773 of 6355 Page 2774 of 6355 Page 2775 of 6355 Page 2776 of 6355 Page 2777 of 6355 Page 2778 of 6355 Page 2779 of 6355 Page 2780 of 6355 Page 2781 of 6355 Page 2782 of 6355 Page 2783 of 6355 Page 2784 of 6355 Page 2785 of 6355 Page 2786 of 6355 Page 2787 of 6355 Page 2788 of 6355 Page 2789 of 6355 Page 2790 of 6355 Page 2791 of 6355 Page 2792 of 6355 Page 2793 of 6355 Page 2794 of 6355 Page 2795 of 6355 Page 2796 of 6355 Page 2797 of 6355 Page 2798 of 6355 Page 2799 of 6355 Page 2800 of 6355 Page 2801 of 6355 Page 2802 of 6355 Page 2803 of 6355 Page 2804 of 6355 Page 2805 of 6355 Page 2806 of 6355 Page 2807 of 6355 Page 2808 of 6355 Page 2809 of 6355 Page 2810 of 6355 Exhibit _C_ Supplemental General Grant Terms and Conditions The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is bound b y all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor’s performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor’s progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Page 2811 of 6355 Exhibit _C_ Supplemental General Grant Terms and Conditions 1. Administrative, contractual, or legal remedies Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. 2. Energy Conservation Requirements - The Energy Conservation requirements are applicable to all contracts and subcontracts. The Contractor shall comply with any mandatory standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. Section 6201) 3. Access to Records and Reports - The vendor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Vendor agrees to maintain same until the Purchaser, the Grantor Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. 4. No Government Obligation to Third Parties - Applies to all contracts. The Purchaser and Vendor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Vendor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. It is further agreed that the clause shall not be modified, except to identify the subcontract who will be subject to its provisions. 5. Clean Air Act, Federal Water Pollution Control Act, Executive Order 11738, and US EPA Regulations - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the Contractor or recipient to comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 –1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 6. Energy Policy and Conservation Act - The contractor shall comply with any mandatory standards and policies relating to energy efficiency which are contained in the F l o r i d a state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 7. Debarment and Suspension (Executive Orders 12549 and 12689) - Contract awards that exceed the small purchase threshold and certain other contract awards shall not be made to parties listed on the government wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), ‘‘Debarment and Suspension.’’ The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 8. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Vendors must certify it will not and has not used Federal appropriated funds have been paid or will be paid, by or to any person or organization for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. The certification includes any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Page 2812 of 6355 Exhibit _C_ Supplemental General Grant Terms and Conditions 9. Procurement of Recovered Materials - (a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price. (b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract. 10. Disadvantaged Business Enterprise (DBE) - Vendors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Vendors shall make a good faith effort to assure that registered disadvantaged business enterprises are used as sources of supplies, equipment, construction, and services as much as possible. Each vendor shall identify the anticipated level of participation by DBE's in the project and report its actual DBE participation (if any).” The offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance and required to convey all changes in anticipated levels of participation to the County in a timely manner. The vendor is required to pay its DBE subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the vendor’s receipt of payment for that work from Collier County. In addition, the vendor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor's work related to this contract is satisfactorily completed. The vendor must promptly notify Collier County, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The vendor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of Collier County. 11. Equal Employment Opportunity - Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, ‘‘Equal Employment Opportunity’’ (30 FR 12319, 12935, 3 CFR Part, 1964– 1965 Comp., p. 339), as amended by Executive Order 11375, ‘‘Amending Executive Order 11246 Relating to Equal Employment Opportunity,’’ and implementing regulations at 41 CFR part 60, ‘‘Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.’’ 12. Termination 1. TERMINATION FOR DEFAULT. 1. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 2. Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without Page 2813 of 6355 Exhibit _C_ Supplemental General Grant Terms and Conditions prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 3. If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 4. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 5. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 6. In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor’s intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor’s intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor’s written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 2. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 1. Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. Page 2814 of 6355 Exhibit _C_ Supplemental General Grant Terms and Conditions 2. Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. Page 2815 of 6355 Page 2816 of 6355 Page 2817 of 6355 Page 2818 of 6355 Page 2819 of 6355 Page 2820 of 6355 Page 2821 of 6355 Page 2822 of 6355 Page 2823 of 6355 Page 2824 of 6355 Page 2825 of 6355 Page 2826 of 6355 Page 2827 of 6355 Page 2828 of 6355 Page 2829 of 6355 Page 2830 of 6355 Page 2831 of 6355 Page 2832 of 6355 Page 2833 of 6355 Page 2834 of 6355 Page 2835 of 6355 Page 2836 of 6355 Page 2837 of 6355 Page 2838 of 6355 Page 2839 of 6355 Page 2840 of 6355 Page 2841 of 6355 Page 2842 of 6355 Page 2843 of 6355 Page 2844 of 6355 Page 2845 of 6355 Page 2846 of 6355 Page 2847 of 6355 Page 2848 of 6355 Page 2849 of 6355 Page 2850 of 6355 Page 2851 of 6355 Page 2852 of 6355 Page 2853 of 6355 Page 2854 of 6355 Page 2855 of 6355 Page 2856 of 6355 Page 2857 of 6355 Page 2858 of 6355 Page 2859 of 6355 Page 2860 of 6355 Page 2861 of 6355 Page 2862 of 6355 Page 2863 of 6355 Page 2864 of 6355 Page 2865 of 6355 Page 2866 of 6355 Page 2867 of 6355 Page 2868 of 6355 Page 2869 of 6355 Page 2870 of 6355 Page 2871 of 6355 Page 2872 of 6355 Page 2873 of 6355 Page 2874 of 6355 Page 2875 of 6355 Page 2876 of 6355 Page 2877 of 6355 Page 2878 of 6355 Page 2879 of 6355 Page 2880 of 6355 Page 2881 of 6355 Page 2882 of 6355 Page 2883 of 6355 Page 2884 of 6355 Page 2885 of 6355 Page 2886 of 6355 Page 2887 of 6355 Page 2888 of 6355 Page 2889 of 6355 Page 2890 of 6355 Page 2891 of 6355 Page 2892 of 6355 Page 2893 of 6355 Page 2894 of 6355 Page 2895 of 6355 Page 2896 of 6355 Page 2897 of 6355 Page 2898 of 6355 Page 2899 of 6355 Page 2900 of 6355 Page 2901 of 6355 Page 2902 of 6355 Page 2903 of 6355 Page 2904 of 6355 Page 2905 of 6355 Page 2906 of 6355 Page 2907 of 6355 Page 2908 of 6355 Page 2909 of 6355 Page 2910 of 6355 Page 2911 of 6355 Page 2912 of 6355 Page 2913 of 6355 Page 2914 of 6355 Page 2915 of 6355 Page 2916 of 6355 Page 2917 of 6355 Page 2918 of 6355 Page 2919 of 6355 Page 2920 of 6355 Page 2921 of 6355 Page 2922 of 6355 Page 2923 of 6355 Page 2924 of 6355 Page 2925 of 6355 Page 2926 of 6355 INSR ADDLSUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ $PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1/14/2016 USI Insurance Services, LLC 500 Columbia Drive, Suite 500 West Palm Beach, FL 33409 561 693-0500 Curtis A Weaver 561 693-0500 AshBritt, Inc 565 East Hillsboro Blvd Deerfield Beach, FL 33441 SAGITTA 25.3 (2010/05) DESCRIPTIONS (Continued from Page 1) products and completed operations, Protection and Indemnity Liability $1,000,000. Worker's Compensation includes USL&H endorsement covering employees of the insured. Excess Liability follows form to General Liability, Pollution and Professional Liability. 2 of 2 #S17079492/M16701876 Page 2928 of 6355 Page 2929 of 6355 Page 2930 of 6355 Page 2931 of 6355 Page 2932 of 6355 Page 2933 of 6355 Page 2934 of 6355 Page 2935 of 6355 Page 2936 of 6355 Page 2937 of 6355 Page 2938 of 6355 Page 2939 of 6355 Page 2940 of 6355 Page 2941 of 6355 Page 2942 of 6355 Page 2943 of 6355 Page 2944 of 6355 Page 2945 of 6355 Page 2946 of 6355 Page 2947 of 6355 Page 2948 of 6355 Page 2949 of 6355 Page 2950 of 6355 Page 2951 of 6355 Page 2952 of 6355 Page 2953 of 6355 Page 2954 of 6355 Page 2955 of 6355 Page 2956 of 6355 Page 2957 of 6355 Page 2958 of 6355 Page 2959 of 6355 Page 2960 of 6355 Page 2961 of 6355 Page 2962 of 6355 Page 2963 of 6355 Page 2964 of 6355 Page 2965 of 6355 Page 2966 of 6355 Page 2967 of 6355 Page 2968 of 6355 Page 2969 of 6355 Page 2970 of 6355 Page 2971 of 6355 Page 2972 of 6355 Page 2973 of 6355 Page 2974 of 6355 Page 2975 of 6355 Page 2976 of 6355 Page 2977 of 6355 Page 2978 of 6355 Page 2979 of 6355 Page 2980 of 6355 Page 2981 of 6355 Page 2982 of 6355 Page 2983 of 6355 Page 2984 of 6355 Page 2985 of 6355 Page 2986 of 6355 Page 2987 of 6355 Page 2988 of 6355 Page 2989 of 6355 Page 2990 of 6355 Page 2991 of 6355 Page 2992 of 6355 Page 2993 of 6355 Page 2994 of 6355 Page 2995 of 6355 Page 2996 of 6355 Page 2997 of 6355 Page 2998 of 6355 Page 2999 of 6355 Page 3000 of 6355 Page 3001 of 6355 Page 3002 of 6355 Page 3003 of 6355 Page 3004 of 6355 Page 3005 of 6355 Page 3006 of 6355 Page 3007 of 6355 Page 3008 of 6355 Page 3009 of 6355 Page 3010 of 6355 Page 3011 of 6355 Page 3012 of 6355 SECOND AMENDMENT TO AGREEMENT #15-6365 FOR DISASTER DEBRIS MANAGEMENT REMOVAL AND DISPOSAL SERVICES THIS SECOND AMENDMENT,made and entered into on this Z St'day of 4 re 2023, by and between AshBritt Inc. d/b/a AshBritt Environmental. authorized to do business in the State of Florida,whose business address is 565 East Hillsboro Boulevard, Deerfield Beach, Florida 33441 and Collier County, a political subdivision of the State of Florida, collectively the "Parties." WHEREAS, the parties entered into an Agreement dated January 12, 2016 providing for Disaster Debris Management Removal and Disposal Services (the "Agreement"); and WHEREAS,the parties then entered into a First Amendment to Agreement dated September 11, 2018 to provide for additional rates for Marine Operations; and WHEREAS, the Parties desire to further amend the agreement to reflect a price increase to all fees by 7% effective as of January 12, 2023, the renewal date of the Agreement. NOW, THEREFORE. in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 1. The above recitals are hereby incorporated into this Amendment as if fully set forth herein. 2. All fees and rates included in the Agreement and First Amendment are increased 7%effective as of January 12, 2023. 3. All other terms and conditions of the Agreement, as previously amended, shall remain the same. Remainder of Page Intentionally Blank Signature Page to Follow. Page I oft Cao} Page 3013 of 6355 IN WITNESS WHEREOF,the Parties hereto, have each, respectively,by an authorized person or agent, have executed this Amendment on the date and year first written above. ATTEST: Crystal K. Kinzel;Clerk&Comptroller BOARD OF COUNTY COMMISSIONERS ro• PO4pp,,4\,-..'''''''‘,,,, , COLLIE F R1DA 44BY: '.;.,.. i'e By: Pw Imo; i ca ',,;-, 'Lput lei k Rick LoCastro, Chairman Attest to nal s to 1y 1c y, Cont raotor.f I CONTRACTOR: AshBritt Inc. d/b/a AshBritt Environmental 72 irs Wi ss By: l ( i ce-------\ J c ueline Ryan Signature nt w namel' Charles Knight,Corporate Secretary and SVP TType/print signature and titleT Sec ness 04/12/2023 Date Brian Thomason TType/print witness name? I Approve'', ill . e legality: 1/1 Jeffrey A. 1 atzko County Attorney Page 2 of 2 NO Page 3014 of 6355 Page 3015 of 6355 Page 3016 of 6355