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06/21/2017 Agreement
Kevin Madok, CPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: August 1, 2017 TO: Breanne Erickson Engineering Services FROM: Pamela G. Hanco C. SUBJECT: June 21 st BO Meeting Enclosed is a duplicate original of Item C30, Contract for Disaster Response and Recovery Services with AshBritt, Inc., for your Handling. Note: please discard theprevious documentsmt to you, as this contractnepLwes it This neplacementis due to a small change in the Scope of Services that was approved by the CountyAmorney's Office. Should you have any questions, please feel free to contact me at ext. 3130. Tliank you. cc: County Attorney iia email Finance via email File KEY WEST 500 Whitehead Street Key West, Florida 33040 305- 294 -4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305- 289 -6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305- 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 AGREEMENT FOR DISASTER RESPONSE AND RECOVERY SERVICES This Agreement ( "Agreement ") made and entered into this 21' day of June, 2017 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ( "BOCC "), I�R7 Ashbritt, Inc., a corporation of the State of Florida, whose address is 565 E Hillsboro Boulevard, Deefield Beach, Florida, 33441, its successors and assigns, hereinafter referred to as "CONTRACTOR ", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for Disaster Response and Recovery Services; and WHEREAS, CONTRACTOR has agreed to provide professional services which shall include but not be limited to providing Disaster Response and Recovery Services, which services shall collectively be referred to as the "Project "; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been fully satisfied; 1.1.2 The CONTRACTOR has become familiar with the Project site and the local conditions under which the work is to be completed. 1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by debris contractors and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.6 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.6 At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his /her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its, recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The effective date of this AGREEMENT shall be June 21, 2017. The term of the AGREEMENT shall be for a five year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT in one year increments for up to five addional years at the same terms and conditions with approval of the COUNTY'S governing board. Such extension(s) shall be in the form of a written Amendment to the AGREEMENT and shall be executed by both parties. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A. The CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed will be in the form of a task order and must contain a description of the services to be performed, and the time within which services must be performed. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONTRACTOR shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its subCONTRACTORs, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. Kevn Wilson, P.E. Assistant County Adminstrator 1100 Simonton Street Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2 -205 Key West, Florida 33040 For the CONTRACTOR: 1 ate. a•. _ M ii ARTICLE III ADDITIONAL SERVICES 3.1 The services described in Article III that may be provided by the CONTRACTOR (provided for example purposes only) and are not included in Basic Services. If requested by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement. A. Providing services of CONTRACTOR for other than the previously listed scope of the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted debris recovery operations. B. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONTRACTOR. The CONTRACTOR shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONTRACTOR proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, and any available maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONTRACTOR in order to avoid unreasonable delay in the orderly and sequential progress of the CONTRACTOR'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its subcontractors shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONTRACTOR or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONTRACTOR shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: FUNCTI r� = AA F-19 So long as the individuals named above remain actively employed or retained by the CONTRACTOR, they shall perform the functions indicated next to their names. If they are replaced the CONTRACTOR shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONTRACTOR shall be paid monthly. (A) If the CONTRACTOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONTRACTOR'S invoice shall describe with reasonable particularity the service rendered. The CONTRACTOR'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require, including but not limited to back up documentation sufficient for reimbursement of expenses by FEMA or other governmental agencies. (C) Payment shall be made pursuant to the Local Government Prompt Payment Act, 218.735, Florida Statute. 7.3 REIMBURSABLE EXPENSES Rates shall be inclusive of all reimbursable expenses. 7.4 BUDGET 7.4.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE AND BONDS 8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONTRACTOR shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and /or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non - owned vehicles, with Five Million Dollars ($5,000,000.00) combined single limit and Five Million Dollars ($5,000,000.00) annual aggregate. D. Commercial general liability, including Personal 'Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors or subcontractors, including Premises and /or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with Five Million Dollars ($5,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. in addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract_ E. Pollution Liability insurance of Five Million Dollars ($5,000,000.00) per occurrence and Ten Million Dollars ($10,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONTRACTOR'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONTRACTOR if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. H. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONTRACTOR participates in a self - insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the COUNTY_ 8.4 The Contractor shall furnish a Performance and Payment Bond in a form acceptable to the Owner as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Performance and Payment Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein. If contract amendments render the contract more than ten (10 %) percent higher than the bond amount, the Contractor shall increase the bond amount to cover the entire difference. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONTRACTOR for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONTRACTOR. 9.3 SUCCESSORS AND ASSIGNS The CONTRACTOR shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party ninety (90) days written notice of its intention to do so, however this provision may not be exercised during hurricane season (June 1 to November 30) unless both parties mutually agree to terminate the agreement 9.6 CONTRACT DOCUMENTS This contract consists of the Proposal Statement, any addenda, the Form of Agreement (Articles I -IX), the CONTRACTOR'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and Attachment A, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONTRACTOR will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or CONTRACTOR is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONTRACTOR agree that venue shall lie in the 16 Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of the Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non - prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 10 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order_ CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION /PAYMENT The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding_ This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable t2 time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119. FLORIDA STATUTES. TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF 12'" Street. SUITE 408, KEY WEST, FL 33040. 9.22 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self - insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. t3 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement_ 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 14 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 FEDERAL CONTRACT REQUIREMENTS The Contractor and its subcontractors must follow the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: 9.29.1 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). 9.29.2 Davis -Bacon Act, as amended (40 U.S.C. 3141 - 3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non - Federal entities must comply with the Davis -Bacon Act (40 U.S.C. 3141 -3144, and 3146 -3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction "). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti- Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708). Where applicable, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 15 9.29.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.29.5 Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 - 1387), as amended — Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 -7671 q) 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). 9.29.6 Debarment and Suspension (Executive Orders 12549 and 12689 )—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions 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." SAM Exclusions 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. 9.29.7 Byrd Anti- Lobbying Amendment (31 U.S.C. 1352) — Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. 9.29.8 Procurement of recovered materials as set forth in 2 CFR § 200.322. Other Federal Requirements: 9.29.9 Americans with Disabilities Act of 1990 (ADA) – The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its 16 CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.30 The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly , f; ePresentative on the day and year first above written. 'SEgL BOARD OF COUNTY COMMISSIONERS 14tft r ,R KWOK, Clerk OF MONROE COUNTY, FLORIDA S By. be � rk Mayor /Chairman Date: -71 (Seal) ASHBRITT, I C. row c o Attest: 0 n BY: Q�,l By: Z � 2 C• 11 ' f 0.0. Title: J 008LE I n Title: , • • p a � � r o END OF AGREEMENT MONROE COUNTY ATTORNEY &PLPRO ED AS TO FORM: CHRISTINE M. Q MBERT-BA RR ASSIST T COUN Y ATTORNEY Date 02�� 17 SECRETARY'S CERTIFICATE I, Randal Perkins, Secretary of Ashbritt, Inc., a Florida corporation, (the "Corporation "), certify that the following are true and complete resolutions which were adopted unanimously at a duly called and held meeting of the Board of Directors of the Corporation held on the IL day of 144,Qe t4 , 2014, and that such resolutions have not been amended or modified and continue to be in full force and effect: RESOLVED, that the Corporation execute and deliver all contracts which it deems to be necessary or appropriate to carry out its business, including without limitation any and all contracts; and RESOLVED, that John Noble, as Vice - President of the Corporation, is directed to execute and deliver all contracts on behalf of the Corporation, including without limitation any and all contracts, and to do all things necessary or appropriate to carry out the terms of those contracts, including executing and delivering all agreements and documents contemplated by those contracts. I further certify that John Noble now holds the office of Vice- President and that he has held that office since November 14, 1994. I am signin certificate on 2L b/z� C� Randal Perkins Secretary AshBritt, Inc. a Florida Corporation 565 E Hillsboro Blvd Deerfield Beach, FL 33441 ATTACHMENT A SCOPE OF WORK AND PRICING In the event of a disaster, upon Notice to Proceed from the COUNTY, the CONTRACTOR shall be responsible for providing emergency debris clearance (PUSH), Debris Recovery (loading and hauling of disaster related debris), management of Temporary Debris Storage and Reduction sites (TDSR), and tree stump and limb removal. All disaster response and recovery services shall be performed in compliance with FEMA and FHWA guidelines. Documentation and reports of work performed shall be in a form suitable for FEMA reimbursement. 1. These tasks may include, but are not limited to: A. Emergency Debris Clearing from County Rights of Way and Facilities • Immediately after a disaster, provide all necessary equipment, tools and personnel to clear primary roads and critical government facilities of debris to allow emergency vehicles access to areas in need of assistance as directed by the County. • Debris should be stacked along the edge of pavement on the shoulder of the road and not blocking driveways, side streets or utilities of any kind. • Emergency Debris Removal may require loading the debris, hauling the debris to an approved dumpsite, and dumping the debris at the approved dumpsite. • Provide daily reporting to include cumulative, daily, and hourly statistics detailing type of equipment and personnel used Pricing for Emergency Debris Clearing equipment shall be at the hourly rates detailed as follows (equipment operator included): Equipment Type Hourly Equipment Rate Bobcat Loader $107.01 Bucket Truck w/O erator $165.00 Crash Truck w /Im act Attenuator $135.60 Dozer Tracked D5 or similar $118.70 Dzr. Tracked, D6 or similar $131.61 Dozer Tracked D7 or similar $182.96 Dzr, Tracked D8 or similar $222.94 Dump Truck 18 CY -25 CY $90.00 Dump Truck 25 CY -35 CY $95.00 Dump Truck 35 CY-45 CY $115.00 Dump Truck 50 CY or larger $125.00 Generator and Liahting $99.78 Grader w/12' Blade $102.00 Hydraulic Excavator, 1.5 CY $140.53 Hydraulic Excavator, 2.5 CY $169.89 Knuckleboom Loader $200.00 E ui ment Transport $130.00 Mobile Crane Ade uate for han in limbs/leaning trees 195.00 Pick Truck .5 Ton $109.82 Truck Flatbed $138.81 Water Truck $111.32 Wheel Loader, 2.5 CY 950 or similar $130.94 Wheel Loader, 3.5 — 4.0 CY 966 or similar $148.68 Wheel Loader, 4.5 CY 980 or similar $150.00 Wheel Loader- Backhoe 1.0 — 1.5 CY $130.94 Track Hoe John Deere 690 or similar $140.00 Stump Grinder $65.00 30 ton or lar er Crane $250.00 Labor rates for emergency debris clearing and other work directed by COUNTY which require hourly billing shall be invoiced as follows: B. Debris Recovery and Disposal (Load and Haul) from County Roads and Facilities • Provide all necessary equipment and personnel to load and haul disaster - generated debris to an approved TDSR site. • Disaster— related debris will be sorted into categories: clean vegetative, non - vegetative, seaweed, white goods, household hazardous waste, mixed and ineligible at the load sites. • All debris shall be mechanically loaded and reasonably compacted. • Provide control of pedestrian and vehicular traffic in the work area; include flag persons, signs or other devices necessary to ensure safe debris recovery operations. • Provide daily reports on all debris recovery operations; include all equipment and personnel used. The report shall detail daily and cumulative -to -date statistics on the number of truckloads, number of cubic yards of debris hauled, locations of completed work, and locations of current work for each type of debris recovered. • Identify landfills and /or other final disposal site(s) for all debris. • Immediately investigate claims of damage to private property and /or County roads and rights -of -way due to debris operations and ensure proper repairs are made promptly at no cost to the County. • Provide all necessary equipment and personnel to remove seaweed and other debris from beach sand by screening and return clean sand to beach as directed by the County. Operations Manager w /Cell Phone and Pickup 120.00 Crew Foreman w /Cell Phone and Pickup 50.00 Tree Climber /Chainsaw $85.00 Laborer w /Chain Saw $40.00 Laborer w /small tools traffic control flag erson $30.00 B. Debris Recovery and Disposal (Load and Haul) from County Roads and Facilities • Provide all necessary equipment and personnel to load and haul disaster - generated debris to an approved TDSR site. • Disaster— related debris will be sorted into categories: clean vegetative, non - vegetative, seaweed, white goods, household hazardous waste, mixed and ineligible at the load sites. • All debris shall be mechanically loaded and reasonably compacted. • Provide control of pedestrian and vehicular traffic in the work area; include flag persons, signs or other devices necessary to ensure safe debris recovery operations. • Provide daily reports on all debris recovery operations; include all equipment and personnel used. The report shall detail daily and cumulative -to -date statistics on the number of truckloads, number of cubic yards of debris hauled, locations of completed work, and locations of current work for each type of debris recovered. • Identify landfills and /or other final disposal site(s) for all debris. • Immediately investigate claims of damage to private property and /or County roads and rights -of -way due to debris operations and ensure proper repairs are made promptly at no cost to the County. • Provide all necessary equipment and personnel to remove seaweed and other debris from beach sand by screening and return clean sand to beach as directed by the County. Unit Costs associated with collection and hauling of debris from County rights of way to TDSRs are on a per cubic yard (CYD) basis or per item basis for white goods. Rates are inclusive of all costs and shall be invoiced at the following rates: Description Unit Unit Price Collect and Haul Vegetative Debris 0 -15 mi CYD $7.75 15.1 - 30 mi CYD $11.50 > 30 mi CYD $15.95 Collect and Haul Non-Vegetative (C&D) Debris 0 - 15 mi. CYD $7.75 15.1 - 30 mi CYD $11.50 > 30 mi CYD $15.95 Collect and Haul White Goods 0 -15 mi EACH $10.00 15.1 - 30 mi EACH $25.00 > 30 mi EACH $50.00 Collect and Haul Electronic Waste a -waste 0 -15 mi CYD $80.00 15.1 - 30 mi CYD $100.00 > 30 mi CYD $150.00 Collect and Haul Household Hazardous Waste 0 -15 mi CYD $30.00 15.1 - 30 mi CYD $45.00 > 30 mi CYD $65.00 Collect and Haul Seaweed 0 -15 mi CYD $25.00 15.1 - 30 mi CYD $25.00 > 30 mi CYD $35.00 Disposal of animal carcasses shall be $ 30.00 per unit. C. Management of Temporary Debris Storage and Reduction (TDSR) Sites • Provide sufficient personnel and equipment to operate multiple TDSR sites simultaneously within unincorporated Monroe County • Fully document pre- existing conditions at proposed TDSR sites with photographs and appropriate environmental sampling. • Prepare each approved TDSR site to accept debris, to include clearing, erosion control, grading, construction and maintenance of haul roads and entrances and installation of inspection towers and security fencing • Establish site layout, including entrance, exit and internal haul roads at each TDSR site • Provide all management, supervision, labor, machines, tools, and equipment necessary to accept, process, reduce, sort, and dispose of disaster related debris. • Provide at least one inspection tower at each TDSR site constructed to pre - approved county specifications. • Vegetative Debris reduction shall be performed by chipping / grinding only • Ensure all debris is properly staged and sorted. • Provide daily and cumulative -to -date reports for each TDSR site. • Ensure TDSR sites are secure and not accessible by the public during operation and after working hours. • Haul debris from TDSR sites to final disposal site(s). • After all debris has been reduced and hauled to final disposal sites, perform site restoration and closeout; include removal of site equipment (temporary toilets, inspection towers, security fence, etc) and restore the site to pre -work conditions. Costs related to testing to establish TDSR site initial conditions, site mobilization and site restoration shall be invoiced at CONTRACTOR cost with no mark -up. Unit costs for TDSR site management and debris reduction are on a per cubic yard basis or per unit basis for white goods. Costs are inclusive of all work required to manage and reduce debris, except as noted above, (freon removal from white goods is a separate, per unit cost), and shall be invoiced as follows: Description Unit Unit Price Debris Site Management vegetative CYD $3.50 non-vegetative CYD $3.50 white 000ds EACH $3.75 household haz waste CYD $19.00 electronic waste (a -waste) CYD $25.00 seaweed CYD $6.50 Freon removal from white goods shall be invoiced at $ 10.00 per unit from which Freon is removed; the price for Freon removal includes transport and disposal of Freon at an approved disposal site. Price for Haul out of reduced debris to Final Disposal sites shall be inclusive of all costs and shall be invoiced on a per cubic yard basis as follows: Description Unit Unit Price Haul out to Final Disposal 0 - 60 mi CYD $8.00 61 - 100 mi CYD $6.00 101 -130 mi CYD $8.00 g reater than 130 mi CYD $12.25 white goods EACH $50.00 D. Contractor will identify final disposal locations for all debris classes. Cost associated with landfill tipping fees and /or disposal facility fees will be a pass through cost; the CONTRACTOR will invoice the COUNTY at actual cost, without any additional fees. Wherever possible, recycling, or other approved re -use facilities (ie. for metals) will be identified in order to reduce disposal costs. E. Beach Sand Screening and Replacement Provide all necessary equipment and personnel to screen all sand to remove debris deposited by an event. This task includes the pick -up of debris laden sand, hauling debris laden sand to the processing screen located on or near the beach, processing the debris laden sand and returning the clean sand to the approximate original location on the beach as directed by the COUNTY. Debris removed from the sand will be picked up, hauled and processed based on the scope of work and unit prices for debris removal from COUNTY rights of way. The cost associated with collection, screening and returning sand to the beach shall be invoiced at $ 20.00 per cubic yard. F. Right of Entry (ROE) Work As directed by the County, the CONTRACTOR will provide labor, equipment and materials to clear vegetative debris from private property, and demolish and remove non - vegetative debris from private property. Work may include trimming limbs and trees that present a hazard, clearing debris from private property and hauling it to the closest public right of way. Work will not proceed until appropriate rights of entry forms and hold harmless agreements are obtained. The following rates apply for right of entry work: Vegetative debris: $ 10.00 per cubic yard Demolish and Remove non - vegetative debris from private property: $ 15.00 per cubic yard. Note: Right of Entry (ROE) work rates apply to clearing debris from private property and hauling to closest public Right of Way. Standard debris rates apply to futher handling. G. Tree and Limb Removal • Provide all equipment, tools and personnel to safely remove hazardous leaning trees or hanging tree limbs, as directed by Monroe County. • Provide control of pedestrian and vehicular traffic in the work area, to include flag persons, signs or other devices necessary to ensure safe tree /limb removal operations • Ensure that strict Right -of -Entry procedures are followed for any hazardous tree or limb removal operations that affect private property. • As directed by the County, remove all hazardous tree stumps, both uprooted and intact. • Cut up trees and /or limbs, load and transport to the closest temporary debris site as directed by the County. The cost of hazardous tree and hanging limb removal shall be invoiced as follows: Hazardous Tree and Limb Removal* Unit Unit Price hazardous tree removal 6" to 23.99" in diameter Per Tree $135.00 hazardous tree removal 24" to 35.99" in diameter Per Tree $215.00 hazardous tree removal 36" to 47.99" in diameter Per Tree $295.00 hazardous tree removal 48" and greater in diameter Per Tree $495.00 tree limb removal Per Limb $95.00 *Unit price for tree and limb removal will include cost to cut trees or limbs and stack on public right of way. Collection, reduction and haul out will be at standard unit rates for vegetative debris. The cost of tree stump removal shall be invoiced as follows: Tree Stump Removal* Unit Unit Price Greater than 24" but Less than 48" in Diameter Per Stump $300.00 48" and Greater in Diameter Per Stump $400.00 *The per stump unit prices for removal of stumps greater than 24" in diameter will include the cost to remove, transport and dispose of stump and to backfill the root cavity. 2. Required Response Level and Time The following minimum response levels and timeframes are required by the contractor: A. Contractor's senior representative will be present at County EOC 24 hours prior to anticipated event, if requested by County; if not already present Contractor's senior representative will report to County EOC within 24 hours of notification by County after an event. B. Emergency Debris Clearance (PUSH) from Roads 5 crews (personnel and equipment) within 12 hours of notification by County 10 crews (personnel and equipment) within 24 hours of notification by County C. Debris Collection /Removal from County Roads Within 24 hours of notification by County, contractor personnel will establish presence in county and prepare a minimum of four temporary debris sites for the following levels of response for debris collection: Tropical Storm or Category 1 hurricane 50 trucks (incl. personnel and loading equipment; Category 2 or 3 hurricane 150 trucks Category 4 or 5 hurricane 200 trucks 33% of minimum equipment requirement must be present and working with 72 hours 66% of minimum requirement present and working with 120 hours of request 100% of minimum requirement present and working iwthin 180 hours of request. The response levels indicated above represent the minimum required; as needed contractor will be required to increase response levels to effectively respond to a specific event as debris operations proceed. Failure to meet the minimum required response levels and timeframes will be considered non - performance and a default under the contract. Cliantii• 1n"IQA ASHBRINC ACORD. CERTIFICATE OF LIABILITY INSURANCE MIDON x/12 DATE (M 6/12 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 endo rsement(s). PRODUCER USI Insurance Services, LLC 500 Columbia Drive, Ste 102 CONTAC Kandi Schmitz NAME: PHONE 561 -693 -0504 FAX 855- 420 -6662 A/C No, Ext : A/C, No A D D RIESS, kandi.schmitz @usi.com West Palm Beach, FL 33409 -2718 561693-0500 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Starr Surplus Lines Insurance C 13604 INSURED INSURER B: Starr Indemnity & Liability Corn 38318 AshBritt, Inc INSURER C: Federal Insurance Company 20281 565 East Hillsboro Blvd Deerfield Beach, FL 33441 INSURER D: INSURER E $100,000 INSURER F: MED EXP (Any one person) $10, 000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACTOR 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. IN RR TYPE OF INSURANCE INSIR y VD POLICY NUMBER MWOD YY P YYP LIMITS A X COMMERCIAL GENERAL LIABILITY X X 1000065645171 5/22/2017 05/22/2018 EACH $1,000,000 CLAIMS -MADE � OCCUR � OC CC URRENCE PREMISES Ea $100,000 MED EXP (Any one person) $10, 000 PERSONAL SADVINJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PR POLICY I EC F LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: B AUTOMOBILE LIABILITY X X SISIPCA08263217 5/22/2017 05/22/201 BINED Ee aocideerrtSINGLE LIMIT $1 ,000,000 BODILY INJURY (Per person) $ X ANY AUTO X ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ A UMBRELLA LIAB OCCUR 1000336529171 5/22/2017 05/22/2018 EACH OCCURRENCE $10,000, X AGGREGATE $10,000, �( EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIE Y / N V OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A X 10000027880 5/22/2017 05/22/201 X PER STATU OTH- E.L. EACH ACCIDENT $1 E.L. DISEASE - EA EMPLOYEE $1,000,000 If DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 A Pollution X X 1000065645171 5/22/2017 05/22/201 $1,000,000 per loc A C Professional Equipment X X 1000065645171 06639855 5/22/2017 5/22/2017 05/22/201 05/22/201 $1,000,000 per claim See Desc of Operations DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 10 Days Notice for non payment; 30 Days Notice for all other. General Liability, Professional Liability and Pollution includes Primary & Non - Contributory, Additional Insured and Waiver of Subrogation. Auto PJE G R includes Pollution and Waiver of Subrogation. Workers Compensation includes Waiver of SubrogatiogA _ Equipment Coverage is $31,616, leased /borrowed or rented $500,000 any one occurrence, not to exceed Y —•. $250,000 on any one item, Including Wind at 5% of the value of the item, subject to a minimum of $2,500. Monroe County Board of County Commissioners 1100 Simonton Street Key West, FL 33040 -0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) 1 of 1 #S20678591/M20539917 ©1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KXSET M This page has been left blank intentionally. COMMERCIAL GENERAL LIABILITY CGL 025 (11 08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS - PRIMARYINON- CONTRIBUTORY COVERAGE WHEN REQUIRED BY CONTRACT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to SECTION IV -- Commercial General Liability Conditions, Paragraph 4, entitled "Other Insurance ", subsection b. entitled "Excess Insurance ", paragraph (1): This insurance Is excess over: (v) Any other insurance naming an additional insured as an insured on a primary basis, excess, contingent or on any other basis unless a written contract specifically requires that this insurance be primary and noncontributing. The written contract must be currently in effect or become effective during the term of this policy and must be executed prior to the *bodily injury', "property damage" or `personal and advertising injury." CGL 025 (11 08) Includes copyrighted material of Insurance Services Office, with its permission. Page 1 of i Copyright 2008 FCC( Insurance Group. POLICYNUMBER: GLO 5342142 -06 COMMERCIAL GENERAL LIABILITY CG 241710 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY - RAILROADS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad: Designated Job Site: CONTRACTS FOR WORK DONE FOR LROADS. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to operations performed for, or affecting, Paragraph f. does not include that part of any a Scheduled Railroad at a Designated Job Site, the contract or agreement: definition of insured contract" in the Definitions sec- (1) That indemnifies an architect, engineer or lion is replaced by the following: surveyor for injury or damage arising out 9. 'Insured Contract" means: of: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or or- ganization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. (a) Preparing, approving or failing to pre- pare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifi- cations; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render pro- fessional services, including those listed in Paragraph (1) above and supervisory, in- spection, architectural or engineering activi- ties. CG 24 17 10 01 ® ISO Proferties, Inc., 2000 Page 1 of 1 ❑ eni Copy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LAND IMPROVEMENT CONTRACTORS EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry FX in the box next to the caption of of such provision. A. Q Partnership and Joint Venture Extension J. Q Broadened Conditions B. QX Contractors Automatic Additional Insured Coverage C. ❑X Automatic Waiver of Subrogation D. QX Extended Notice of Cancellation, Nonrenewal E. ❑X Unintentional Failure to Disclose Hazards F. Q Broadened Mobile Equipment G. QX Personal Injury - Contractual Coverage H. 1771 Nonemployment Discrimination I. [X Liquor Liability K. Q Automatic Additional Insureds — Equipment Leases L. Q Insured Contract Extension - Railroad Property and Construction Contracts M. Q Construction Project General Aggregate Limits N. XO Fellow Employee Coverage O. XQ Property Damage to the Named Insured's Work P. XD Care, Custody or Control A. PARTNERSHIP AND JOINT VENTURE EXTENSION The following provision is added to SECTION II - WHO IS AN INSURED: The last full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. is deleted and replaced with the following; With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you, and others identified in items IA., 1b, and 1c., subject to the conditions and limitations contained therein, are insureds, but only with respect to liability arising out of "your work" on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for 'your work" in connection with your interest in such partnership or joint venture. A partnership or joint venture, not shown as a Named Insured in the Declarations, of which you have 33% or more ownership interest at the time of 'bodily injury' or "property damage' caused by an 'occurrence" or "personal and advertising injury" caused by an offense, is an insured, provided that no other similar liability insurance is available to that partnership or joint venture. GL -3088 (01/06) -1- B. CONTRACTORS AUTOMATIC ADDRIONAL INSURED COVERAGE SECTION 11- WHO IS AN INSURED Is amended to irckx1e: Any 'owner", 'contractor', 'construction manager', "engineer' or 'architect" if it is required in your written contract or written agreement executed by you and all other parties to the contract or agreement prior to any loss that such person(s) or organization(s) be added as an additional insured on your policy but only for the project designated in your written contract or written agreement and only with respect to 'bodily injury,' 'property damage' or 'personal and advertising injury' caused, at least in part, by your negligence and with respect to liability resulting from: A. Your ongoing operations for the additional insured(s), or B. Acts or omissions of the additional insured(s) in connection with their general supervision of such operations. With respect to the insurance afforded such additional insureds pursuant to this endorsement and the above referenced General Liability Form, the following additional provisions apply to limit that coverage: 1. We will have no duty to defend the additional insured against any 'suit" seeking damages for *bodily injury,' "property damage' or 'personal and advertising injury; until we receive written notice from the additional insured requesting that we defend it in the 'suit.' 2. The Limits of Insurance applicable to the additional insureds under this endorsement are the minimum limits specified in the written contract or agreement requiring this coverage, or as stated in SECTION III - LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, whichever is less. These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance described in SECTION III of that form. 3. As additional conditions of coverage under this form, an additional insured under this endorsement will as soon as practicable: a. Give written notice to us of an 'occurrence' or an offense which may result in a claim. This shall include: (1) How, when and where the `occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence' or offense. b. Give written notice to us of a claim or "suit' brought against the additional insured including specifics of the claim or 'suit" and the date it was received. c. Give written notice of such claim or 'suit,' including a demand for defense and indemnity, to any other insurer who had coverage for the claim or 'suit' under its policy(ies), either at the time of, or at any time subsequent to the occurrence of the 'bodily injury,' 'property damage' and /or the offense causing the 'personal and advertising injury," which is the basis for such claims or 'suit". (1) Such notification must demand the full coverage available under that policy; and (2) The additional insured shall not take any action to waive or limit such other coverage available to it. GL -3088 (01/06) -2- 4. This insurance does not apply to: a. "Bodily injury' property damage' or "personal and advertising injury' occurring after: (1) All work on the project (other than service, maintenance, or repairs) to be performed by you or on your behalf for the additional insured(s) has been completed; or (2) That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another Contractor or subcontractor engaged in performing operations for a principal as a part of the same project. b. "Bodily injury" 'property damage' or 'personal and advertising injury' resulting from any act or omission of the additional insured(s) or any of their employees, other than the general supervision of work performed for the additional insured(s) by you. c. "Bodily injury' 'property damage' or "personal and advertising injury" resulting from work performed on a project where other valid and collectible insurance is available to the additional insured under an Owner Controlled Insurance Program or Consolidated (wrap -up) Insurance Program. d 'Bodily injury,' 'property damage' or 'personal and advertising injury': (1) Arising out of the rendering or failure to render any professional services by any insured, or on their behalf, but only with respect to either or both of the following operations; (a) Providing engineering, architectural or surveying services to others in the insured's capacity as an engineer, architect or surveyor, and (b) Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with work the insured performs. (2) Subject to paragraph (3) below, professional services include: (a) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory or inspection activities performed as part of any related architectural or engineering activities but does not include the general supervision of your operations on such project. (3) Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations as a construction contractor. For the purpose of this endorsement, the following definitions are added; "Owner" means a person or organization who has ownership in the project premises, designated in your written contract or written agreement, at which you are performing operations. 'Contractor' means a person or organization with whom you have agreed in a written contract or written agreement to perform operations for at the project designated in the written contract or written agreement. 'Construction Manager" means a person or organization designated as 'construction manager" in your written contract or written agreement, and has management or supervisory responsibilities over your operations for the project designated in your written contract or written agreement. GL -3088 (01/06) -3- Agency Code 02- 0574 -00 Policy Number 104602- 04430375 COMMERCIAL GENERAL LIABILITY 55091 (10 -08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. 1. EXTENDED WATERCRAFT LIABILITY Under SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, g., exclusion (2) is de- leted and is replaced by the following: (2) A watercraft you do not own that is: Exclusions With respect to only HIRED AUTO AND NON - OWNED AUTO LIABILITY, the exclusions which apply to SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, other than the Nuclear Energy Liability Exclusion Endorsement, do not apply. The fol- lowing exclusions apply to this coverage: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge; 2. HIRED AUTO AND NON -OWNED AUTO LIABILITY Coverage for "bodily Injury" and "property dam- age" liability provided under SECTION I COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Is extended as follows under this item, but only if you do not have any other insurance available to you which affords the same or similar coverage. Coverage We will pay those sums the insured becomes le- gally obligated to pay as damages because of "bodily injury" or "property damage" arising out of the maintenance or use of an "auto ": (a) That are, or are contained in any a. You do not own; property that is: b. Which is not registered in your name; or c. Which is not leased or rented to you for more 1) Being transported or towed by, than ninety consecutive days handled or prepared for placement into or upon, or taken from the and which is used in your business. "auto "; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page i of a This coverage does not apply to: a. "Bodily injury" or "property damage" expected or Intended from the standpoint of the insured. This exclusion does not apply to "bodily in- jury" resulting from the use of reasonable force to protect persons or property. b. Any obligation of the Insured under a workers compensation, disability benefits or unem- ployment compensation law or any similar law. c. (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollut- ants": Agency Code 02- 0574 2) Otherwise in the course of transit by you or on your behalf; or 3) Being disposed of, stored, treated or processed Into or upon the "auto "; (b) Before such 'pollutants" or property containing "pollutants" are moved from the place they are accepted by you or anyone acting on your behalf for placement into or onto the "auto "; or (c) After such 'pollutants" or property containing "pollutants" are removed from the "auto" to where they are de- livered, disposed of or abandoned by you or anyone acting in your behalf. c. (1) (a) above does not apply to 'pollut- ants" that are needed or result from the normal mechanical, electrical or hydraulic functioning of the "auto" or its parts, If the discharge, release, escape, seepage, ml- gration or dispersal of such "pollutants" is directly from a part of the "auto" designed to hold, store, receive or dispose of such "pollutants' by the "auto" manufacturer. o. (1) (b) and c. (1) (c) above do not apply, if as a direct result of maintenance or use of the "auto', 'pollutants' or property containing "pollutants' which are not in or upon the "auto ", are upset, overturned or damaged at any premises not owned by or leased to you. The discharge, release, escape, seepage, migration or dispersal of the "pollutants" must be directly caused by such upset, overturn or damage. (2) Any loss, cost or expense arising out of any: Policy Number 104602-09430375 (b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assess- ing the effects of "pollutants'. d. 'Bodlly Injury' or "property damage' however caused, arising directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. e. "Bodily Injury" or "property damage' for which the insured is obligated to pay damages by reason of the assumption of liability In a con- tract or agreement. This exclusion does not apply to liability for damages: (1) Assumed in a contract or agreement that is an "insured contract', provided the 'bodily injury' or "property damage" oc- curs subsequent to the execution of the contract or agreement. However, if the insurance under this policy does not apply to the liability of the Insured, it also does not apply to such liability assumed by the insured under an "insured contract'. (2) That the insured would have in the ab- sence of the contract or agreement. (a) Request, demand or order that any in- f. "Property damage" to. sured or others test for, monitor, clean up, remove, contain, treat, detoxify or (1) Property owned or being transported by, neutralize, or In any way respond to, or rented or loaned to any insured; or or assess the effects of "pollutants "; or (2) Property in the care, custody or control of any insured Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 2 of 8 Agency Code 02- 0574-00 other than "property damage" to a residence or a private garage by a private passenger 'auto' covered by this coverage. g. 'Bodily Injury" to: (1) An 'employee" of the insured arising out of and in the course of employment by the insured; or (2) The spouse, child, parent, brother or sis- ter of that 'employee' as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the Injury. This exclusion does not apply to: (1) Liability assumed by the Insured under an "insured contract ", (2) "Bodily injury" to any 'employee' of the insured arising out of and in the course of his domestic employment by the Insured unless benefits for such injury are in whole or In part either payable or re- quired to be provided under any workers compensation law. Who Is An Insured With respect to only this coverage, SECTION II - WHO IS AN INSURED, Is deleted and replaced by the following: SECTION 11- WHO IS AN INSURED Policy Number 104602- 09430375 b. Your partners if you are designated In the Declarations as a partnership or a joint ven- ture. c. Your members if you are designated in the Declarations as a limited liability company. d. Your "executive officers' if you are designated in the Declarations as an organization other than a partnership, joint venture or limited li- ability company. e. Any person using the "auto" and any person or organization legally responsible for the use of an "auto' not owned by such person or or- ganlzation, provided the actual use is with your permission. None of the following Is an insured: a. Any person engaged in the business of his or her employer with respect to "bodily injury" to any co- "employee" of such person Injured in the course of employment. b. Any person using the 'auto" and any person other than you, legally responsible for Its use with respect to an 'auto' owned or registered in the name of. (1) Such person; or (2) Any partner or "executive officer" of yours or a member of his or her household; or (3) Any "employee' or agent of yours who is granted an operating allowance of any sort for the use of such "auto ". c. Any person while employed in or otherwise engaged in duties in connection with an "auto business ", other than an 'auto business" you operate. Each of the following is an insured with respect to d. The owner or lessee (of whom you are a this coverage: sublessee) of a hired "auto" or the owner of an "auto" you do not own or which Is not reg- a. You, istered In your name which is used In your business or any agent or employee of any such owner or lessee. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 3 of 8 Agency Code 02- 0574-00 e. Any person or organization with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. Additional Definitions The following definition applies to only this cover- age: "Auto business" means the business or occupa- tion of selling, repairing, servicing, storing or parking "autos ". Limits of Insurance With respect to only this coverage, SECTION III - LIMITS OF INSURANCE, is deleted and replaced by the following: SECTION III - LIMITS OF INSURANCE a. The Limits of Insurance shown In the Declara- tions and the rules below fix the most we will pay regardless of the number of (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits ". b. We will pay damages for "bodily injury" or "property damage" up to the limits of liability stated In the Declarations for this coverage. Such damages shall be paid as follows: (1) When Hired Auto and Non -Owned Auto Each Occurrence Limit is shown in the Declarations, such limit Is the total amount of coverage and the most we will pay for all damages because of or arising out of all "bodily Injury" and "property damage" in any one "occurrence ". (2) When Bodily Injury Hired Auto and Non - Owned Auto Each Occurrence Limit and Property Damage Hired Auto and Non - Owned Auto Each Occurrence Limit are shown in the Declarations: Policy Number 104602- 09430375 (a) The limit shown for Bodily Injury Hired Auto and Non -Owned Auto Each Oc- currence is the total amount of cover- age and the most we will pay for all damages because of or arising out of all "bodily Injury" In any one "occur- rence". (b) The limit shown for Property Damage Hired Auto and Non -Owned Auto Each Occurrence Is the total amount of cov- erage and the most we will pay for all damages because of or arising out of all "property damage" in any one "oc- currence". 3, BROADENED SUPPLEMENTARY PAYMENTS Under SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B. PERSONAL INJURY AND ADVERTISING INJURY LIABILITY and SUPPLEMENTARY PAYMENTS - COVERAGES A AND B: Paragraph 4., the amount we will pay for the ac- tual loss of earnings Is Increased from $250 per day to $400 per day. 4. ADDITIONAL PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT If the endorsement, EXCLUSION - PRODUCTS COMPLETED OPERATIONS HAZARD, CG 21 04, is not attached to this policy, then the following is added to SECTION III - LIMITS OF INSURANCE: Commencing with the effective date of this policy, we will provide one additional Products - Completed Operations Aggregate Limit, for each annual period, equal to the amount of the Prod- ucts- Completed Operations Aggregate Limit shown in the Declarations. The maximum Prod- ucts- Completed Operations Aggregate Limit for any annual period will be no more than two times the original Products - Completed Operations Ag- gregate Limit. includes copyrighted material of Insurance Services Office, Inc., with Its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 4 of 8 Agency Code 02- 0574 -00 6. PERSONAL INJURY EXTENSION a. If the endorsement EXCLUSION - PERSONAL INJURY AND ADVERTISING INJURY, 55350, Is attached to this policy, then this provision, S. PERSONAL INJURY EXTENSION, does not ap- ply. b. If the endorsement EXCLUSION - PERSONAL INJURY AND ADVERTISING INJURY, 55350, Is not attached to this policy, then under SECTION V - DEFINITIONS, 15. "Personal in- jury" Is deleted and replaced by the following: 15. "Personal injury" means, other than "bod- ily injury", arising out of one or more of the following offenses; a. False arrest, detention or imprison- ment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry Into, or Invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; d. Oral or written publication of material that slanders or libels a person or or- ganization or disparages a person's or organization's goods, products or services; e. Oral or written publication of material that violates a person's right of pri- vacy; or f. Discrimination, humiliation, sexual harassment and any violation of civil rights caused by such discrimination, humiliation or sexual harassment. 6. BROADENED KNOWLEDGE OF OCCURRENCE Policy Number 104602 - 04430375 Occurrence, Offense, Claim Or Suit, the following paragraph is added: Paragraphs a. and b. of this condition will not serve to deny any claim for failure to provide us with notice as soon as practicable after an "occur- rence" or an offense which may result in a claim: a. If the notice of a new claim is given to your "employee "; and b. That 'employee" fails to provide us with no- tice as soon as practicable. This exception shall not apply; a. To you; or b. To any officer, director, partner, risk manager or insurance manager of yours. 7. DAMAGE TO PREMISES RENTED TO YOU Under SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, the last paragraph is deleted and re- placed by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or water dam- age to premises rented to you or temporarily oc- cupied by you with permission of the owner. A separate limit of insurance applies to this cover- age as described in 7. DAMAGE TO PREMISES RENTED TO YOU, a. Limits of Insurance. The following additional exclusions apply to 'property damage" arising out of Water Damage to premises rented to you or temporarily occupied by you with permission of the owner: (1) 'Property damage" to: (a) The interior of the premises caused by or resulting from rain or snow, whether driven by wind or not; or (b) Heating, air conditioning, plumbing or Under SECTION IV - COMMERCIAL GENERAL fire protection systems, or other LIABILITY CONDITIONS, 2. Duties In The Event Of equipment or appliances. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 5 of 8 Agency Code 02- 0574 -00 (2) "Property damage" caused by or resulting from any of the following: (a) Mechanical breakdown, including bursting or rupture caused by cen- trifugal force; (b) Cracking, settling, expansion or shrinking; (c) Smoke or smog; (d) Birds, insects, rodents or other ani- mals; (e) Wear and tear, (f) Corrosion, rust, decay, fungus, dete- rioration, hidden or latent defect or any quality in property that causes such property to destroy or damage itself; or (g) Water that flows or leaks from any heating, air conditioning, plumbing or fire protection system caused by or resulting from freezing, unless: 1) You make a reasonable effort to maintain heat in the building or structure; or 2) You drain the equipment and shut off the water supply if the heat Is not maintained. (3) "Property damage" caused directly or in- directly by any of the following: (a) Water that backs up from a drain or sewer; (b) Mud flow or mudslide; (c) Volcanic eruption, explosion or effu- sion; Policy Number 104602-09430375 (e) Regardless of the cause, flood, sur- face water, waves, tides, tidal waves, storm surge, overflow of any body of water, or their spray, all whether wind driven or not; (f) Water under the ground surface pressing on, or seeping or flowing through: 1) Walls, foundations, floors or paved surfaces; 2) Basements, whether paved or not; or 3) Doors, windows or other openings. (4) "Property damage' for which the insured Is obligated to pay as damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the In- sured would have In the absence of this contract or agreement. a. Limits of Insurance With respect to this coverage only, under SECTION III - LIMITS OF INSURANCE, para- graph 6. Is deleted and replaced by the fol- lowing: 6. The most we will pay under Coverage A for damages because of "property dam- age' to premises rented to you or tempo- rarily occupied by you with permission of the owner arising out of or caused by fire, lightning, explosion, smoke and water damage is the amount shown in the Dec- larations under Damage to Premises Rented to You. b. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, paragraph b., the word fire Is amended to in- clude fire, lightning, explosion, smoke or wa- ter damage. (d) Any earth movement, such as earth- 8. BLANKET ADDITIONAL INSURED - LESSOR OF quake, landslide, mine subsidence, LEASED EQUIPMENT earth sinking, earth rising or earth shifting; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 6 of 8 Agency Code 02- 0574 -00 a. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization with whom you have agreed: (1) In a written contract or agreement, exe- cuted prior to loss, to name as an addi- tional Insured; or (2) In an oral contract or agreement, exe- cuted prior to loss, to name as an addi- tional insured only if a Certificate 'of Insur- ance was issued prior to loss indicating that the person or organization was an additional insured but only with respect to liability for: (1) "Bodily injury"; (2) "Property damage "; (3) "Personal injury "; or (4) "Advertising injury" caused In whole or in part, by your mainte- nance, operation or use of equipment leased to you by such person or organization. b. With respect to the insurance afforded to an additional insured, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. The following is added to SECTION III - LIMITS OF INSURANCE: The Limits of Insurance for the additional in- sured are those specified in the written con- tract or agreement between the insured and the lessor, not to exceed the limits provided In this policy. These limits are inclusive of and not In addition to the Limits of Insurance shown in the Declarations. 9. BLANKET ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES a. SECTION II - WHO IS AN INSURED is amended to Include as an additional insured any person or organization with whom you have agreed: Policy Number 104602- 09430375 (1) in a written contract or agreement, exe- cuted prior to loss, to name as an addi- tional insured; or (2) in an oral contract or agreement, exe- cuted prior to loss, to name as an addi- tional insured only if a Certificate of Insur- ance was Issued prior to loss indicating that the person or organization was an additional Insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you. b. This provision Is subject to the following addi- tional exclusions, applicable to this provision only: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new constructions or demolition operations performed by or on behalf ofthe additional insured. c. The following is added to SECTION Ili - LIMITS OF INSURANCE: The Limits of Insurance for the additional in- sured are those specified In the written con- tract or agreement between the insured and the manager or lessor of the premises, not to exceed the limits provided in this policy. These limits are Inclusive of and not in addi- tion to the Limits of Insurance shown in the Declarations. 18. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Under SECTION II - WHO IS AN INSURED, Para- graph 4. is deleted and replaced by the following: 4. Any organization you newly acquire or form, other than a partnership, joint venture or Iim- Ited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there Is no other similar insurance available to that or- ganization. However. Includes copyrighted material of insurance Services Office, Inc., with Its permission. Copyright Insurance Services Office, inc., 1982, 1988, 2002, 2004 Page 7 of 8 Agency Code 02-057400 a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily In- jury" or "property damage" that occurred before you acquired or formed the organi- zation; and e. Coverage B does not apply to 'personal Injury" or "advertising Injury" arising out of an offense committed before you ac- quired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named In- sured in the Declarations. Policy Number 104602-09430375 11. BLANKET WAIVER OF SUBROGATION The following Is added to SECTION IV - COM- MERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights of Recovery Against Others To Us. When you have agreed to waive your right of sub- rogation in a written contract, executed prior to loss, with any person or organization, we waive any right to recovery we may have against such person or organization because of payments we make for Injury or damage arising out of your on- going operations or "your work" done under a contract with that person or organization and In- cluded in the "products - completed operations hazard ". All other policy terms and conditions apply. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 8 of 8 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. It is agreed that the Company, in the event of any payment under this policy, waives its right of recovery against any Principal, but only at the specific written request of the Named Insured either before or after loss, wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured. This waiver shall apply only with respect to losses occurring due to operations undertaken as per the speck contract existing between the Named Insured and such Principal and shall not be construed to be a waiver with respect to other operations of such Principal in which the Named Insured has no contractual interest. No waiver of subrogation shall directly or indirectly apply to any employee, employees or agents of either the Named Insured or of the Principal, and the Company reserves its right or lien to be reimbursed from any recovery funds obtained by any injured employee. This waiver does not apply in any jurisdiction or situation where such waiver is held to be illegal or against public policy or in any situation wherein the Principal against whom subrogation is to be waived is found to be solely negligent. Includes copyrighted material of Insurance Services Office, Inc. with its permission. ENV 2004 09 06 Page 1 of 1 COMMERCIAL GENERAL LIABILITY • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED – (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 0 2. The insurance provided to the additional insured by this endorsement is limited as follows: d� o a= m= a— a o o= u- a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III – Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: L The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by 'your work" and included in the "products - completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to 'other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible 'other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such 'other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. 004121 Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the 'occurrence" or offense. b) If a claim is made or "suit' is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit' and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit ", cooperate with us in the investigation or settlement of the claim or defense against the "suit ", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit' to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04 84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by WC 00 03 13 (04 84) Page 1 of 1 Copyright 1983, National Council on Compensation Insurance, Inc.