HomeMy WebLinkAbout2009 03 23 Consent 203 Agreement for Debris Removal ServicesCOMMISSION AGENDA
CONSENT I X
INFORMATIONAL
ITEM 203 PUBLIC HEARING
REGULAR
March 23, 2009 MGI~!~1Jv /DEPT ~~~~"
Meeting t~uthorization
REQUEST: Public Works Department Requesting the City Commission authorize the City
Manager to Execute the Revised Agreement For Debris Removal Services with
Ashbritt Environmental, Inc.
PURPOSE: The purpose of this Board item is to request authorization to execute an Agreement for
Debris Removal Services with Ashbritt Environmental of Pompano Beach which
replaces the previously approved Mutual Use and Benefit Agreement.
CONSIDERATIONS:
The City Commission previously approved a Mutual Use and Benefit Agreement with
Ashbritt Environmental on September 8, 2009 under Consent 200. The agreement
piggybacked off of the City of Casselberry agreement.
Prior to final execution by both parties, the City Attorney made additions and changes
which ultimately morphed the Mutual Use and Benefit Agreement into the attached
Agreement for Debris Removal Services. Due to the significant changes that were made, staff
is bringing the revised agreement back for Commission approval.
Ashbritt has signed the agreement and no other changes are expected. The terms,
conditions and rates for the City of Winter Springs will be exactly the same as Casselberry's.
There is no cost to enter in this agreement. Ashbritt provides annual planning and training
sessions for City staff for no charge. We expect those sessions to occur in May.
March 23, 2009
Consent Agenda Item 203
Page 2
FUNDING:
No funding is required at this time. The contract value is limited to $500,000 unless
approved by the City. Depending of the scope of a storm event requiring these services, the
funding source will likely be the Storm Reserve Fund.
RECOMMENDATION:
It is recommended that authorization be given for the City Manager to
execute the Agreement for Debris Removal Services with Ashbritt Environmental
for storm debris removal by piggybacking off their current contract with the City of
Casselberry which replaces the Mutual Use and Benefit Agreement approved on
September 8, 2009 as Consent 200.
IMPLEMENTATION SCHEDULE:
The contract and scope of services will be in place until terminated by either party.
ATTACHMENTS:
l . Agreement for Debris Removal Services
COMMISSION ACTION:
AGREEMENT FOR
DEBRIS REMOVAL SERVICES
THIS AGREEMENT is made and entered into this day of 2008, by and
between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, hereinafter
referred to as "City", located at 1126 E. State Road 434, Winter Springs, Florida 32708, and ASHBRITT,
INC., a Florida Corporation, authorized to conduct business in the State of Florida, whose address is 480 S.
Andrews Ave, Suite 103, Pompano Beach, Florida 33069 hereinafter referred to as "Contractor.".
WITNESSETH:
WHEREAS, City has a need to obtain a contractor to assist in the expedient removal of storm debris
within the corporate limits of the City of Winter Springs which may result from storm or manmade events; and
WHEREAS, Contractor currently has a contract with the City of Casselberry for the removal of storm
debris; and
WHEREAS, pursuant to section 2-152(a)(i) of the Winter Springs Code, the City Commission, on
September 8, 2008, approved awarding a contract to Contractor bypiggy-backing off the City of Casselberry
contract subject to modification by the City Attorney; and
WHEREAS, the modifications made by the City Attorney, and approved by the parties hereunder, do
not affect the pricing or scope of services set forth in the Casselberry contract, rather said modifications
address technical contract form provisions which the City of Winter Springs requires in its contracts; and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties covenant and agree as follows:
1.0 ENGAGEMENT. On an as needed basis, the City hereby engages the Contractor, and the
Contractor agrees, to perform the scope of work for debris reduction and site management, and debris removal
as specifically set forth in ATTACHMENT 1, which is attached hereto and fully incorporated herein by this
reference. The work shall be performed at the compensation rates set forth in the Bidding Schedules
incorporated into ATTACHMENT 1. The City reserves the right, at its discretion, to perform any work
related to this Agreement or to retain the services of other contractors to provide debris reduction and site
management, and debris removal services.
Continuing Engineer Services Agreement
City of Winter Springs and Ashbritt, Inc.
1
2.0 SAFETY Contractor shall be solely and absolutely responsible and assume all liability for
the safety and supervision of its principals, employees, and subcontractors while performing the work required
hereunder.
3.0 INSURANCE At all times when performing work under this Agreement, Contractor shall
be responsible for providing the types of insurance and limits of liability as follows:
3.1 The Contractor shall maintain comprehensive general liability insurance in the minimum amount
of $1,000,000 as the combined single limit for each occurrence to protect the Contractor from claims of
property damages and personal injury which may arise from any work performed under this Agreement
whether such work is performed by the Contractor or by anyone directly employed by or contracting with the
Contractor.
3.2 The Contractor shall maintain comprehensive automobile liability insurance in the minimum
amount of $1,000,000 combined single limit bodily injury and minimum $50,000 property damage as the
combined single limit for each occurrence to protect the Contractor from claims for damages for bodily injury,
including wrongful death, as well as from claims from property damage, which may arise from the ownership,
use, or maintenance of owned and non-owned vehicles, including rented vehicles whether such operations be
by the Contractor or by anyone directly or indirectly employed by the Contractor.
3.3 The Contractor shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law for all of its employees performing
work for the City pursuant to this Agreement.
3.4 Special Requirements. Current, valid insurance policies meeting the requirements herein
identified shall be maintained at all times when Contractor is performing work under this Agreement.
Renewal certificates shall be sent to the City thirty (30) days prior to any expiration date. There shall also be a
thirty (30) day advance written notification to the City in the event of cancellation or modification of any
stipulated insurance coverage. The City shall be an additional named insured on stipulated insurance
policies included in article 10.1.a and 10.1.b herein, as its interest may appear, from time to time.
3.5 The insurance required by this Agreement shall include the liability and coverage provided
herein, or as required by law, whichever requirements afford greater coverage. All of the policies of insurance
so required to be purchased and maintained shall contain a provision or endorsement that the coverage
afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days' prior written
notice has been given to the City, and the Contractor by certified mail, return receipt requested. All such
insurance shall remain in effect until final payment. In the event that the Contractor shall fail to comply with
the foregoing requirement, the City is authorized, but in no event shall be obligated, to purchase such
insurance, and the City may bill the Contractor oroff--set the purchase price from any monies owed Contractor
under this Agreement. If billed, the Contractor shall immediately forward funds to the City in full payment for
Continuing Engineer Services Agreement
City of Winter Springs and Ashbritt, Inc.
2
said insurance. It is expressly agreed that neither the provision of the insurance referred to in this Agreement
nor the City's acceptance of the terms, conditions or amounts of any insurance policy shall be deemed a
warranty or representation as to adequacy of such coverage. All insurance coverage shall be with insurer(s)
rated as A+ by Best's Rating Guide (or equivalent rating and rating service as reasonably determined by the
City Manager) and licensed by the State of Florida to engage in the business of writing of insurance or
provided through the London Market for Professional Liability Insurance. Unless agreed to by the City to the
contrary, the City shall be named on the insurance policies included in article 10.1.a and 10.1.b as "additional
insured." Further copies of all relevant policies will be provided to the City. If the City has any objection to
the coverage afforded by or other provision of the insurance required to be purchased and maintained by the
Contractor in accordance with this Article on the basis of its not complying with the Agreement, the City shall
notify the Contractor in writing thereof within thirty (30) days of the date of delivery of such certificates to the
City. For all work performed pursuant to this Agreement, the Contractor shall continuously maintain such
insurance in the amounts, type, and quality as required by the Agreement.
4.0 COMPLIANCE WITH LAWS AND REGULATIONS Contractor shallcomplywith
all requirements of federal, state, and local laws, rules, regulations, standazds, and/or ordinances applicable to
the performance of work under this Agreement.
5.0 REPRESENTATIONS
5.1 Contractor represents that the work provided hereunder shall conform to all requirements of this
Agreement and shall conform to the customary standards of care, skill, and diligence appropriate to the nature
of the work rendered. Contractor shall perform as expeditiously as is consistent with professional skill and
care and the orderly progress of the work performed hereunder. The Contractor's designated representative
shall have the authority to act on Contractor's behalf with respect to the work. In addition, Contractor's
representative shall render decisions in a timely manner in order to avoid unreasonable delay in the orderly and
sequential progress of the work. The Contractor shall review laws, codes, and regulations applicable to the
work. The Contractor's work shall comply with all applicable requirements imposed by all public authorities.
The Contractor represents and warrants that it is familiar with, and accepts that it will perform the work
hereunder in a manner that complies with all applicable requirements of law, codes, and regulations.
5.2 Contractor represents that all principals, employees, subcontractors, and other personnel
furnishing such work shall be qualified and competent to perform the work assigned to them and that such
guidance given by and the recommendations and performance of such personnel shall reflect their best
professional knowledge and judgment.
6.0 DOCUMENTS/PUBLIC RECORDS It is hereby specifically agreed that any record,
document, computerized information and program, audio or video tape, photograph, or other writing of the
Contractor and its independent contractors and associates related, directly or indirectly, to this Agreement,
shall be deemed to be a Public Record whether in the possession or control of the City or the Contractor. Said
Continuing Engineer Services Agreement
City of Winter Springs and Ashbritt, Inc.
3
record, document, computerized information and program, audio or video tape, photograph, or other writing of
the Contractor is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without
the specific written approval of the City's City manager. Upon request by the City, the Contractor shall
promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and
other papers in connection with this Agreement shall at any and all reasonable times during the normal
working hours of the Contractor shall be open and freely exhibited to the City for the purpose of examination
and/or audit.
7.0 ASSIGNMENT
7.1 Contractor shall not assign or subcontract this Agreement or any rights or any monies due or to
become due hereunder without the prior, written consent of City.
7.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by
Contractor, Contractor shall be fully responsible to City for all acts and/or omissions performed by the
subcontractor as if no subcontract had been made.
7.3 If City determines that any subcontractor is not performing in accordance with this Agreement,
City shall so notify Contractor who shall take immediate steps to remedy the situation to the City's
satisfaction.
8.0 INDEPENDENT CONTRACTOR At all times during the term of this Agreement,
Contractor shall be considered an independent contractor and not an employee of the City.
9.0 TERMINATION This Agreement may be terminated by either party upon thirty (30) days
written notice. In the event of such termination, City shall be liable only for the payment of all unpaid charges,
determined in accordance with the provisions of this Agreement, for work properly performed prior to the
effective date of termination.
10.0 GOVERNING LAW & VENUE This Agreement is made and shall be interpreted,
construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state
action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be
Orlando, Florida.
11.0 HEADINGS Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
12.0 SEVERABILITY In the event any portion or part of thereof this Agreement is deemed
invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an
Continuing Engineer Services Agreement
City of Winter Springs and Ashbritt, Inc.
4
equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the
remaining parts of this Agreement shall otherwise by fully enforceable.
13.0 WAIVER AND ELECTION OF REMEDIES
13.1 Waiver by either party of any term, condition, or provision of this Agreement shall not be
considered a waiver of that term, condition, or provision in the future.
13.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding
unless in writing and signed by a duly authorized representative of each party hereto.
14.0 ENTIRE AGREEMENT This Agreement, including Attachment 1 attached hereto, constitute
the entire agreement between City and Contractor with respect to the work specified and all previous
representations relative thereto, either written or oral, are hereby annulled and superseded.
15.0 NO JOINT VENTURE Nothing herein shall be deemed to create a joint venture or
principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act
toward third persons or the public in any manner which would indicate any such relationship with the other.
16.0 ATTORNEY'S FEES Should either party bring an action to enforce any of the terms of
this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party the costs and
expenses of such action including, but not limited to, reasonable attorneys' fees, whether at settlement, trial or
on appeal.
17.0 DRAFTING City and Contractor each represent that they have both shared equally in drafting
this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in
the event of a dispute between the parties.
18.0 NOTICE
18.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or
mailed, postage prepaid to:
For Contractor:
480 S. Andrews Aveune, Suite 103
Pompano Beach, Florida 33069
~ )
Continuing Engineer Services Agreement
City of Winter Springs and Ashbritt, Inc.
5
For Ci
City of Winter Springs/ Public Works Department
Attention: Public Works Director
1126 E. State Road 434
Winter Springs, Florida 32708
(407) 327-5989 FAX: (407) 327-6695
18.2 Either party may change the notice address by providing the other party written notice of the
change.
19.0 SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign
immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability
under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or
interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or
portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or
judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its
agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred
thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement.
20.0 CORPORATE REPRESENTATIONS BY CONTRACTOR Contractor hereby represents
and warrants to the City the following:
20.1 Contractor is duly registered and licensed to do business in the State of Florida and is in good
standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and
operations set forth in this Agreement.
20.2 The undersigned representative of Contractor has the power, authority, and legal right to execute
and deliver this Agreement on behalf of Contractor.
21.0 INDEMNIFICATION
21.1 Contractor shall indemnify and hold harmless the City, and its officers (including its City
Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor and other persons employed by the Contractor in the performance of the Agreement.
Continuing Engineer Services Agreement
City of Winter Springs and Ashbritt, Inc.
6
21.2 Contractor shall also indemnify and hold harmless the City, and its officers (including its City
Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by Contractor's breach and caused by other persons employed by the
Contractor in the performance of the Agreement.
The indemnity provisions set forth in Pazagraphs 21.1 and 21.2 shall be considered separate and
independent indemnity provisions.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly
authorized representatives as of the date first written above.
CITY OF WINTER SPRINGS *
Print Name/Title:
ATTEST:
City Clerk
R:
By: ( ~~~~~~2'~
Print me/Title: .O~c~
* THIS AGREEMENT IS ONLY VALID AGAINST THE CITY UPON APPROVAL BY THE CITY
COMMISSION OF WINTER SPRINGS AND SIGNATURE BY EITHER THE MAYOR OR CITY
MANAGER.
Continuing Engineer Services Agreement
City of Winter Springs and Ashbritt, Inc.
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ATTACHMENT 1
DECLARED DISASTER
AGREEMENT
n
1. THIS AGREEMENT, made as of the ~`~ day of ~, , 2005, by
and between the City of Casselberry, Florida, hereinafter ailed the Owner and
_(~SH t?~R ITC' .~; hereinafter called the Contractor,
WITNESSETH, that the Owner and the Contractor, for the considerations stated herein,
agree as follows:
2. SCOPE OF WORK
The Contractor shall provide and famish all of the necessary labor, supervision, material,
tools, expendable and permanent equipment, and all utility and transportation services
required to perform and complete in a workmanlike manner, all of the work described as:
"DEBRIS REMOVAL' for the City of Casselberry, Florida. See "Exhibit A" Scope of
Work & "Exhibit B" Proposal.
All work shall be performed in strict accordance with the Drawings 8 Specifications
prepared by the City of Casselberry Engineering Division, hereinafter called the Engineer,
and in strict compliance with the Contractor's Proposal as accepted, including any
amendments agreed upon at the time of execution of this Agreement, and with the other
Contract Documents herein mentioned which are a part of this Agreement.
3. THE CONTRACT PRICE
The Cnroner shall pay to the Contractor, and the Contractor shall accept, in full payment for
the performance of this Agreement, subject to any additions or deductions provided for
hereby, based upon unit prices provided in the proposal attached hereto, in current funds,
the Total Aggregate Amount shall not exceed the sum of: FIVE HUNDRED THOUSAND
DOLLARS AND no/100 ($500,000.00) as unit price contract (without prior City of
Casse/berry authorization). Contract price will be adjusted based on the magnitude of
the specific disaster.
Payments are to be made to the Contractor in accordance with and subject to the
provisions embodied in the other documents, which are a part of this Agreement.
4. CONTRACT TIME
Work under this Agreement shall be commenced within seventy-two (72) hours after
issuance of written Notice to Proceed.
CIty of Cassefberry
verswn ero0
DECLARED DISASTER
5. AUTHORITY AND RESPONSIBILITY OF THE OWNER
All Work shall be done under the general supervision of the Owner. The Owner shall
decide any and all questions which may arise as to the quality and acceptability of
materials furnished, work performed, rate of progress of work, interpretation of
Specifications, and all questions as to the acceptable fulfillment of the Agreement on the
part of the Contractor. These provisions shall not release the Contractor from any
Contractor responsibility contained herein.
6. CONTRACT DOCUMENTS
The Agreement comprises the Contract Document listed herein. In the event that any
provision of one Contract Document conflicts with the provisions of another Contract
Document, the provision in that Contract Document first listed below shall govern, except
as otherwise specifically stated:
a. Agreement (this instrument);
b. Scope of Worts (Exhibit A);
c. Proposal (Exhibit B).
7. IN WITNESS WHEREOF
The Parties hereto have caused this instrument to be executed in three (3) original
counterparts the day and year first above written.
(SE.~
Att st:
(SEAL)
Attest: ~~~L,-,mot , ~ ~ ~~h~
Thelma McPherson
City Clerk
Contra tor: RITT, INC.
Title: V~ u~ ~~.~ ~n,..."~'
Owner: i elberry
By:
Bo Goff
Mayor/Co issioner
END OF SECTION
2
CIty of Casselberry
Version 8R)0
EXHIBIT 'A'
SCOPE OF WORK
FOR
UNIT PRICE CONTRACT FOR DEBRIS REDUCTION & SITE MANAGEMENT
RELATED TO
A DECLARED DISASTER
AT, IN, OR NEAR
THE CITY OF CASSELBERRY
1. GENERAL.
1.1 The purpose of this contract is to provide site management and reduction of debris
generated in the City of Casselberry, Seminole County, Florida which has been declared
a disaster area by the President.
1.2 The Contractor shall manage and operate the debris reduction site indicated on the
attached map, located or to be determined prior to commencement of the work effort.
1.3 Contractor shall provide all management, supervision, labor, machines, tools and
equipment necessary to accept, process, reduce, incinerate and dispose of disaster related
debris. The debris to be processed consists primarily of bumable debris, with variable
amounts of non-burnable included. Segregation of debris into various categories will be
required.
1.4 Reduction of burnable debris shall be through air curtain incineration or through
chipping/grinding. Reduction by this means, however, 1) must be at the same rate as
indicated for incineration, and 2) disposal of the chips/mulch would be the responsibility
of the Contractor, and 3) shall be done at no increased cost to the City.
2. SERVICES.
2.l Contractor will establish lined temporary storage areas for ash, household hazardous
waste, fuels and other materials that can contaminate soils, runoff or groundwater.
Contractor shall set up plastic liners under stationary equipment such as generators and
mobile lighting plants unless otherwise directed by the City of Casselberry's Designated
Representative (CITY).
2.2 Contractor shall be responsible for establishing site layout.
2.3 Contractor will be responsible for traffic control, dust control, erosion control, fire
protection, on-site roadway maintenance, and safety measures. The Contractor shall
comply with local, tribal, State and Federal safety and health requirements.
2.4 Contractor shall manage the site to accept debris collected under other contracts.
Contractor shall direct traffic entering and leaving the site, and shall direct dumping
operations at the site.
Scope of Work - Rcdoctbn & Slte Management
May 2005
Page I of IJ
2.5 Contractor shall be responsible for sorting and stockpiling of debris at the site.
Debris shall be segregated into 1) burnable debris, 2) non-burnable debris, 3) household
hazardous waste, and 4) ash residue. Further segregation ofnon-burnable debris, such as
recyclable material or durable goods maybe necessary. Debris classifications are defined
in Section 3.0.
2.6 Contractor shall be responsible for disposable ofnon-burnable debris and ash residue.
Non-burnable debris and ash shall be hauled to the Seminole County Central Transfer
Station for disposal. Tipping fees will be per ton and will be the responsibility of the
contractor for payment. Removal of household hazardous waste from the reduction site,
including loading of household hazardous waste at the site, will be performed under a
separate contract.
2.7 Upon completion of the debris reduction process, the Contractor will clear the site of
all debris (excluding household hazardous waste) and restore the site to the satisfaction of
the CITY.
2.8 The Contractor shall conduct the work so as not to interfere with the disaster response
and recovery activities of Federal, State, tribal and local City or agencies, or of any public
utility.
3. DEBRIS CLASSIFICATION.
3.1 Eligible Debris. Debris that is within the scope of this contract falls under three
possible classification Burnable, Non-Burnable and Household Hazardous Waste.
3.2 Burnable Debris. Burnable debris includes all biodegradable matter except that
included in the following definitions of other categories of debris. It includes, but is not
limited to, damaged and disturbed trees; bushes and shrubs; broken, partially broken and
severed tree limbs; untreated structural timber, untreated wood products and brush.
3.3 Non-Burnable Debris. Non-burnable debris includes, but is. not limited to, treated
timber; plastic; glass; rubber products; metal products; sheet rock; cloth items; non-wood
building materials and carpeting. Some non-burnable debris is recyclable. Recyclable
debris includes metal products (i.e. Mobile Trailer parts, Household appliances (White
Metal), and similar items), or uncontaminated soil.
3.4 Household Hazardous Waste (HHV1~. Household hazardous wastes, such as
petroleum products, paint products, etc., and known or suspected hazardous materials,
such as asbestos, lead-based paint, or electrical transformers shall be removed by others.
Coordination for hazardous debris removal is the responsibility of the City. Known or
suspected HHW that mistakenly enter the waste stream shall be placed in an appropriate
storage area for removal by others.
3.5 Stumps. Tree stumps with base cut measurements less than Z feet in diameter will be
disposed of with the same methods used for other burnable debris. Tree stumps larger
Scope of Work - Red~ctfon & Site hfaaagement
Nay 2005
Page 2 of li
than 2 feet in diameter will be disposed of by either splitting and burning, or
chippinglgrinding. The method will be at the discretion of the Contractor.
3.6 Ash. Ash is the residue produced by incineration of the burnable debris_ When
handling ash, it will be required to "wet down" the ash to prevent dust problems.
3.7 Chips/Mulch. Chips and mulch are the end product of chipping or grinding wood
products. Proper disposal of chips and mulch is to find environmentally friendly (non-
landfill disposal) use for the material.
4. PERFORMANCE SCHEDULE.
4.1 Immediately following Bid Opening, the apparent low bidder will meet with the
CITY to discuss matters of judgment, safety, quality control, coordination, payment,
record keeping, and reporting.
4.2 Schedule. The Contractor shall begin preparation for mobilization immediately after
Notice to Proceed and be fully operational within 120 hours after Notice to Proceed.
4.3 Production. The Contractor is required to process a minimum of 150 to 180 CY per
hour, cubic yards of debris per calendar day. The minimum required reduction/disposal
rate shall be achieved no later than the second calendar day after receipt of Notice to
Proceed. This minimum production rate is increased to 180 to 210 CY per hour in the
event that the City exercises the option for additional reduction capacity.
4.4 Completion. All work, including site restoration prior to close-out, shall be
completed within ten (10) calendar days after receiving notice from the CITY that the last
load of debris has been delivered, unless the City initiates additions or deletions to the
contract by both parties pursuant to applicable State and Federal law.
5. EQUIPMENT.
5.1 The contractor shall provide all equipment necessary to prepare the site, stockpile the
debris, feed the air curtain incinerator(s), remove ash from the incinerator(s), load and
haul for disposal all non-burnable debris and ash residue, and any other equipment which
may be necessary for the performance of this contract. The Contractor shall comply with
local, tribal, State and Federal safety and health requirements.
5.2 All equipment must be in compliance 7th all applicable Federal, State, tribal and
local rules and regulations. All equipment and operator qualifications will meet the
requirements of local, tribal, State and federal safety and health requirements. The
contractor using the applicable inspection forms will inspect equipment prior to its use.
The completed forms will be provided to the City.
5.3 Prior to commencing debris reduction and disposal operations, the Contractor shall
present to the Contracting Officer or his representative, the CITY, for approval, a detailed
Scope of Work -Reduction & Sile 141anagement
May 2005
Page J o/ I d
description of all equipment to be used for debris handling, sorting, processing,
incinerating, loading and hauling, stating brand name, model and horsepower, )including
all air curtain incinerators).
5.4 Equipment which is designated for use under this contract shall not be used for any
other work during the work hours of this contract. The Contractor shall not solicit work
from private citizens or others to be performed in the designated work area during the
period of this contract. Under no circumstances will the Contractor mix debris hauled or
processed for others with debris hauled or processes under this contract-
5.5 Reduction of burnable debris may be either air curtain pit burning or portable air
curtain incinerators. Section 6.0 specifies requirements for air curtain pit burning.
Section 7.0 specifies requirements for portable air curtain incinerators.
5.6 Reduction of burnable wood debris may also be accomplished by chipping and
grinding, provided the processing rate given is Section 4.3 can be maintained. Section
8.0 specifies requirements for chipping and grinding procedures.
6. AIR-CURTAIN PIT BURNING.
6.1 The air curtain pit burning method incorporates an earthen pit, constructed by
building above grade, and a blower. The blower and pit make up an engineered system
that must be precisely configured to properly function. The blower must have adequate
air velocity to provide a "curtain effect" to hold smoke in and to feed air to the fire
below. The pit configuration must have a precise width, depth and length to compliment
the blower. The composition and operation of the air curtain pit incinerator(s) shall
conform generally to the drawings in Figures 1, 2 and 3 of this scope of work.
6.2 Minimum required air velocity measured at the nozzle is 8,800 ft/min (100 mph).
Minimum airflow rate measured at the nozzle is 900 cubic feet per min per linear foot of
pit length. (As an example, a 20-ft long pit would require a blower with a nozzle velocity
of 8,800 ft/min and nozzle output rate of 18,000 cfm. This example is intended for
explanation purposes only, and does not imply a recommended pit length for actual
operations).
6.3 The pit should be a maximum of 8 feet wide, and should be from 12 to 20 feet deep.
The actual pit dimensions should be such that the system functions properly.
6.4 Pits must be constructed out of highly compactable material that will hold its shape
and support the weight of the loading equipment. There shall be an impervious layer of
clay or limestone on the bottom of the pit to provide a barrier for ground water
protection. This layer shall be a minimum of 1 foot thick and be repaired as necessary
after each ash removal operation.
6.5 There is to be a minimum distance of 100 feet between the bum area and the nearest
debris piles. There is to be a minimum distance of 1,000 feet between the bum area and
Srnpe of ~i'ork - Reduetfoo & Sile ~1~n~gement
Moy 2005
Page A of IJ
the nearest building. Contractors are responsible for assuring that the public and workers
are kept a safe distance from the bum site.
6.6 The bum will be extinguished at least 2 hours before removal of the ash mound.
Wetting of the ash will be necessary to reduce dust while removing ash.
6.7 The burn pits must be made of limestone or other highly compactable material and be
capable of supporting the wheel weight of the loading equipment. There should be an
impervious layer of clay or limestone on the bottom of the pit to attempt to seal the ash
from the aquifer. This impervious layer should be at least one (I) foot thick and should
be repaired or replaced if scraped by bulldozers, excavators or other equipment.
6.8 The ends of the pits must be sealed with dirt ash or other material to a height of four
(4) feet.
b.9 A 12 inch dirt seal must be placed on the lip of the burn pit area to seal the blower
nozzle. The nozzle should be 3 to 6 inches from the edge of the pit.
6.10 There should be one (1) foot high warning stops running the length of the pits to
alert equipment operators when they are close to the pit. The warning stops should be
constructed of fireproof material.
6. l 1 No hazardous or contained-ignitable material is to be dumped into the pit.
6.12 The air flow should hit the wall of the pit at about 2 feet below the edge of the pit
and the debris should not break the path of the air flow, except during dumping.
6.13 The length of the pit should be no longer than the length of the blower system and
the pit should be loaded uniformly along the length.
6.14 The contractor is responsible for ensuring that the public is protected from the burn
operation. Signs, fences and other measures can be used depending on site conditions.
6.15 Emissions must meet State and Federal standards for burning operations.
6.16 The Contractor shall be responsible for dust control while handling ash materials.
7. PORTABLE A1R CURTAIN INCINERATORS.
7.1 Portable incinerators use the same principals as air curtain pit systems. The primary
difference being portable incinerators utilize apre-manufactured pit in lieu of an on-site
constructed earth or limestone pit. The pits are engineered to precise dimensions to
compliment the blower systems. The composition and operation of the air curtain pit
incinerator(s) shall conform generally to the drawings in Figures 1 and 2 of this Scope of
Work.
Scope of Work- Redretioo Je Site M1tanagement
May 2005
Page 5 of 14
7.2 Minimum required air velocity measured at the nozzle is 6,800 ft/min (100 mph).
Minimum airflow rate measured at the nozzle is 900 cubic feet per min (cfin) per linear
foot of pit length. (As an example, a 20 foot long pit would require a blower with a
nozzle velocity of 8,800 ft/min and nozzle output rate of 18,000 cfrn. This example is
intended for explanation purposes only, and does not imply a recommended pit length for
actual operations.)
7.3 There is to be a minimum distance of 100 feet between the portable incinerator and
the nearest debris piles. There is to be a minimum distance of 1,000 feet between the
portable incinerator and the nearest building. Contractors must assure that the public and
workers are kept a safe distance from the incinerator.
7.4 The bum will be extinguished at least 2 hours before removal of the ash.
7.5 There should be a one (1) foot height warning stops running the length of the pits to
alert equipment operators when they are close to the pit. The warning stops should be
constructed of fireproof material.
7.6 No hazardous or contained-ignitable material is be dumped into the pit.
7.7 The contractor is responsible for ensuring that the public is protected from the burn
operation. Signs, fences and other measures can be used depending on the site
conditions.
7.8 Emissions must meet State and Federal standards for burning operations.
7.9 The Contractor shall be responsible for dust control while handling ash materials.
8. CHIPPING AND GRINDING.
8.1 If the contractor chooses to use chipping/grinding as a method of debris reduction, it
is the Contractor's responsibility to acceptably dispose of the chips or mulch, at no
additional cost to the City. Because the volume reduction achieved by chippinglgrinding
is not as great as the volume reduction achieved by incineration, disposal of the chips or
mulch in a landfill is not an acceptable means of disposal. For disposal, the chips or
mulch must be put to some benefit or use. The Contractor may provide or sell the chips
or mulch to be recycled for use in agricultural mulch, fuel or wood products.
8.2 The average chip size produced will be dependent on the needs of the end user, but
typically should not exceed 4 inches in length and 'h inch in diameter.
8.3 Contamination: Contaminates are all materials other than wood products.
Contaminates must be held to 10% or less for the chips or mulch to be acceptable.
Plastics should be eliminated completely. To help eliminate contaminates, root rake
loaders should be used to feed or crowd material to the chipper/grinder. Bucket loaders
tend to scoop up earth, which is a contaminate. The use of hand laborers must be utilized
Scope of Work- Reduedon & Site bt•n•gement
M1t•y 2005
Page 6 of 1a
to pull out contaminates prior to feeding the chipper/grinders. The more contaminates,
the more numerous the laborers. Shaker screens are required when processing stumps
with root balls or when large amounts of soil are present in the vegetative debris.
8.4 Storage: Chips/mulch should be stored in piles no higher than 15 feet and meet all
State and local laws.
9. REPORTING.
9.l Tht Contractor shall submit a report to the CITY no later than 10:00am each day.
Each report shall contain, at a minimum, the following information:
(a) Contractor's Name.
(b) Contract Number.
(c) Daily and cumulative totals of debris processed, to include method(s) of
processing and disposal locations(s).
(d) Daily estimate of Household Hazazdous Waste (HHW) debris segregated and
cumulative amount of HHW placed in the designated holding area.
(e) Any problems encountered or anticipated.
10. SITE CONSIDERATIONS.
10.1 Site Plan. The Contractor will provide a site operations plan for review and
approval by the CITY prior to beginning work. At a minimum, the plan will address the
following:
(a) Access to the site.
(b) Site management, to include point-of-contact, organizational chart, etc.
(c) Traffic control procedures and,'or Maintenance of Traffic
(d) Site security.
(e) Site safety.
(f1 Site layout/segregation plan. ..
(g) Hazardous waste materials plan.
(h) Environmental mitigation plan, including considerations for smoke, dust,
noise, traffic, buffer zones, stormwater runoff archeology, historic
preservation, wetlands, endangered species as appropriate.
10.2 Site Preparation. The Contractor shall be responsible for preparing the site(s) to
accept the debris. This preparation shall include clearing, erosion control, grading,
construction and maintenance of haul roads and entrances. The Contractor shall provide
utility clearances and sanitation facilities, if needed. The Contractor shall protect existing
structures at the sites and repair any damage caused by his operations at no additional
cost to the City.
10.3 Site Security. The Contractor shall be responsible for installing site security
measures and maintaining security for his operations at the site.
5eope of work - Reductbn & Site blanragement
~r wos
P~gc 7 of IJ
10.4 Fire Protection. The Contractor shall manage the site to minimize the risk of fire.
10.5 Ash Containment Area. The Contractor shall be responsible for the storage,
removal and containment of ash from all burning operations. The containment area will
be `vetted down" periodically under this contract to prevent particles from becoming
airborne.
10.6 Inspection Tower. The Contractor shall construct an inspection tower. The tower
shall be constructed using pressure treated wood. The floor elevation of the tower shall
be 10 foot above the existing ground elevation. The floor area shall be 8' x 8',
constructed of 2" x 8" joists, 16" O.C. with '/," plywood supported by four (4) 6" x 6"
posts. The perimeter of the floor areas shall be protected by a four (4) foot high wall
constructed of 2" x 4" studs and 'h" plywood. The floor area shall be covered with a
corrugated tin roof. The roof shall provide a minimum of 6'-6" of headroom below the
support beams. Wooden steps shall provide access with a handrail.
10.7 Traffic Control. The Contractor shall be responsible for control of pedestrian and
vehicular traffic in work area. Contractor shall provide all flag persons, signs, equipment
and other devices necessary to meet Federal, State, tribal and local requirements. The
traffic control personnel and equipment shall be in addition to the personnel and
equipment required in other parts of this contract.
10.8 Site Closure. The Contractor shall be responsible for the closure of the debris site
within ten (10) calendar days of receiving the last load of disaster-related debris. This
closure shall include removal of site equipment, debris and all remnants from the
processing operation (such as temporary toilets, observation towers, security fence, etc.)
and grading the site and restoring the site to pre-work conditions. The site will be
restored in accordance with all State, tribal and local requirements. The Contractor is
responsible for the proper disposal of non-burnable debris, ash and wood chips. Disposal
of the HHW debris is not the responsibility of the Contractor under this contract. The
Contactor shall receive approval from the CITY as to the final acceptance of the site
closure. Final payment will be released to the Contractor upon acceptance by the
Contracting Officer.
11. HOUSEHOLD HAZARDOUS WASTE (HHW) ISSUES.
l I.l The Contractor will be required to construct a containment area at the reduction
site. This containment area will consist of a earthen berm with anon-permeable soil
liner. The HHW containment area must be covered at all times with anon-permeable
cover.
11.2 Any material found that is classified as HHW shall be reported immediately to the
designated CITY. This material shall be segregated from the remaining debris using a
Scope of Work-Reduction & Site Management
May 2005
Page E of 14
method that will allow the remaining non-HHW debris to be processed. All HHW debris
will be moved and placed in the designated HHW containment area.
11.3 Disposal of the HHW debris will be by separate contract.
12. CONTRACTOR RAW SPILLS.
12.1 The Contractor shall be responsible for reporting to the CITY and cleaning up all
HHW spills caused by the Conhactor's operations at no additional cost to the City.
12.2 Immediate containment actions shall be taken as necessary to minimize effect of
any spill or leak. Cleanup shall be in accordance with applicable Federal, State, tribal
and local laws and regulations.
12.3 Spills other than on the site shall be reported to the National Response Center and
the Contracting Officer immediately following discovery. A written follow-up shall be
submitted to the CITY not later than seven (7) days after the initial report. The written
report shall be in narrative form and as a minimum shall include the following:
(a) Description of the material spilled (including identify, quantity, manifest
number, etc.)
(b) Determination as to whether or not the amount spoiled is EPA/State reportable
and when and to whom it was reported.
(c) Exact time and location of spill, including description of the area involved.
(d) Receiving stream or waters.
(e) Cause of incident and equipment and personnel involved.
(f) Injuries or property damage.
(g) Duration of discharge.
(h) Containment procedwes initiated.
(i) Summary of all communications the Contractor has had with press, agencies
or City officials other than CITY.
Q) Description of cleanup procedwes employed or to be employed ai the site,
including disposal location of spill residue.
13.OTAER CONSIDERATIONS.
13.1 The Contractor shall supervise and direct the work, using qualified labor and
property equipment for all tasks. Safety of the Contractor's personnel and equipments
the responsibility of the contractor. Additionally, the Contactor shall pay for all
materials, personnel, taxes and fees necessary to perform under the terms of this contract.
13.2 The Contractor must be duly licensed in accordance with the State's statutory and
regulatory requirements to perform the work. The Contractor shall obtain all permits
necessary to complete the work. The Contractor shall be responsible for determining
what permits are necessary to perform under the contract. Copies of all permits shall be
submitted to the CITY.
Scope otwork - Redoetloo & Site i-ian~gement
May 2005
Page 9 of 14
13.3 The Contractor shall be responsible for correcting any notices of violations issued
as a result of the Contractors or any subcontractors' actions or operations during the
performance of this contract. Corrections for such violations shall be at no additional
cost to the City.
14, iV1EASUREb1ENTS.
14.1 Measurement of debris processed are based upon Cubic Yard (CY) measurements
of debris delivered to the site.
14.2 Measurement of non-burnable debris and ash is based upon Toa measurements
measured at the landfill or final disposal site.
14.3 All efforts required in mobilization, site set-up, site closeout and demobilization
shall be considered as a total Job.
15. PAYMENT.
15.1 Payment for all debris sorted, segregated, processed, reduced and disposed by
burning will be made at the unit price per cubic yard.
15.2 Payment for managing and operating the debris sites; furnishing plant, material,
labor, tools and equipment necessary to process/reduce/dispose of debris; and provide for
traffic control, dust control, erosion control, inspection tower, lighting, ash containment,
fire protection, permits, environmental monitoring and safety measures; aze all
incorporated in the bidder's unit price for burning.
15.3 Payment for loading and hauling non-burnable debris to the final disposal site will
be by the ton.
15.4 The Contractor will be entitled to invoice for mobilization after all equipment is
delivered and operational at the work site. Demobilization cost will be due after all
equipment is removed from the work site. Payment for mobilization and demobilization
will be per job.
15.5 Payment for site preparation and site closure will be per job
Scope of Work- Reduetlon & Site Management
nl.y 2005
Page 10 of 14
Flow Diagram for a Burning Operation
~-
rn
i
A4 Curt~M 6~rrn-
Debris Loader with Root Rake
i
1
^
Ash Removal with
Bucket Loader Uned Ash Storage Area
Figure 1
Scope of Work- Reduetion & Slte ~lraagement
Mriy 2003
Pta~e 11 of 14
Overview of an Air Curtain Operation
CURTAIN
.tf~'~
~---~" PR WALL, EITHER DIRT
PRE-MANUFACTURED
IMPERVIOUS
LAYER
A peer were, eYAa skeMe me1W et diesel porn eeit New a He ~Ud b ten
eTnles Y W afl.s 6T /ofehp e'v hiowp- a pteum Yd setats. T)Ib klpk e'1ecMp W
troJe was 6e by of 6e p11 7t-k6 • aR ku sea ebned.
Ike w wfbie hope smoke Yl efeil pefhdn Yd teflrce4W aem b akee~w
aembusY .d ndree smoke. Ike very lef~• rsisffs of W ecwkfin eem-~sMe~ Yd
pmrlda fef kia- pit lampnebtn -eMsep ip00 dedfsn p Yd 1lOd Iepea ~.
TM ph peMda a se/e eom-eelbe eMm-er ~-bh kdpe prereel -ul bu.
Figure 2
Scope o[Work- Reductloa & Site Management
May 3005
Page 13 of 14
Air Curtain Pit Burner
Blower
8' 8' 8'
Max Wldth
~~~-~~~
Existing Ground
Figure 3
Scope o[Work - Reductbo do 51to Managemeol
May 3WS
Page 13 of 14
EXHIBIT'B'
BIDDING SCHEDULE
1
A
A
iiTEM QTY DESCRIPTION UNIT
OF ~ AMOUNT
~ PR
001. 1 Mobilization and Demobilization Job 0
002. Reduction of Burnable Debris through CY 1 .9 0
the Air Curtain Incineration.
003. Disposal of Non-burnable Debris and Ton 33.00
Ash
004. l Site Pr aration and Site Closure. Job
ost + 108
005. Reduction of Burnable Debris by CY 2. 2 0
Chi in and Grindin
006. Reduction of Stumps greater than 24: in Stump 75.00
diameter but less than 36" in diameter.
007. Reduction of Stumps 36" in diameter, Stump 3 S . 0 0
but less than 48" in diameter or eater.
008. Reduction of Stumps 48" in diameter or Stump 75.00
eater.
009. 1 Demobilization Job 0
sro~ or w~ - tteaoenoe ~ sn~ ~
~~
i~uott4
EXHIBIT 'A'
SCOPE OF WORD
FOR
UNIT PRICE CONTRACT FOR DEBRIS REMOVAL
RELATED TO
A DECLARED DISASTER
AT, IN, OR NEAR
THE CITY OF CASSELBERRY
1. GENERAL.
The purpose of this contract is to provide debris clearing and removal response assistance
to the City of Casselberry, Seminole County, Florida which has been declazed a disaster
area by the President.
2. SERVICES.
2.1. The Contractor shall provide for debris removal from the area(s) outlined on the
attached maps, described as: the City of Casselberry.
2.2. The debris shall be taken to the Debris Reduction site(s) indicated on the attached
map, located or to be determined prior to commencement of the work effort.
2.3. The total amount of debris to be removed under this contract is estimated to be zero
to 40,000 cubic yards.
2.4. The work shall consist of clearing and removing any and all "eligible" debris (see
section 4.0 for a definition of eligible debris) primarily from the public right-of way
(ROW) of streets and roads, as directed by the City of Casselberry's Designate
Representative (CITY). Work will include: 1) examining debris to determine whether or
not debris is eligible, burnable or non-burnable, 2) loading the debris, 3) hauling the
debris to an approved dumpsite or landfill, and 4) dumping the debris at the dumpsite or
landfill. Lneligible debris will not be loaded, hauled, or dumped under this contract.
Burnable debris will be loaded sepazately from non-burnable debris. Mixed loading of
burnable and non-burable will be kept to a minimum. The CITY will determine the
appropriate dumpsite for mixed loads.
2.5. Debris removal shall include al] eligible debris found on the ROW within the area
designated by the CITY. The CITY may specify any eligible debris within the ROW
which should not be removed, or which should be removed at a later time. The
contractor shall make as many passes through the designated area as required by the
CITY. The contractor shall not move from one designated work area to another
designated work area without prior approval from the CITY. Any eligible debris, such as
fallen trees, which extends onto the ROW from private property, shall be cut at the point
where it enters the ROW, and that part of the debris which lies within the ROW shall be
removed. The contractor shall not enter onto private property during the performance of
this contract.
Seope of w'ark -Debris Removal
M1iay 2oe5
r.~e r on ~
2.6. The Contractor shall conduct the work so as not to interfere with the disaster
response and recovery activities of Federal, State, tribal and local Cities or agencies, or of
any public utilities.
2.7. The City reserves the right to inspect the site, verify quantities, and review operations
at any time.
2.8. All work shall be accomplished in a safe manner in accordance with U.S. Army
Corps of Engineers EM 385-1-1, Safety and Health Rerluirements.
3. LOAD TICKETS.
3.1. "Load tickets" will be used for recording volumes of debris removal. (See enclosure)
3.2. Each ticket will contain the following information:
1) Ticket Number
2) Contract Number
3) Date
4) Contractor Name
5) Site Departure Time
6) Dump Arrival Time
7) Debris Classification
8) Debris Quantity
3.3. Load tickets will be issued by a CITY prior to departure from the loading site. The
CITY will keep one copy of the ticket, and give three copies to the vehicle operator.
Upon arrival at the dumpsite, the vehicle operator will give the three copies to the CITY
at the dumpsite, the CITY will validate, retain one copy and give two copies to the driver
for the Contractor's records (one copy for the sub-contractor and one copy for the prime
contactor).
4. DEBRIS CLASSIFICATION.
4.1. Eligible Debris. Debris that is within the scope of this contract falls under three
possible classifications: Burnable, Non-Burnable and Recyclable. Debris that is
classified as Household Hazardous Waste (HHW) is not to be transported by this
contract.
4.2. Burnable Debris. Burnable debris includes all biodegradable matter except that
included in the following definitions of other categories of debris. It includes, but is not
limited to, damaged and disturbed trees; bushed and shrubs; broken, partially broken and
severed tree limbs; untreated structural timber; untreated wood product; and brush.
4.3. Non-Burnable Debris. Non-burnable debris includes, but is not limited to, treated
timber; plastic; glass; rubber products; metal products; sheet rock; cloth items; non wood
Srnpe of work- Debrla Removal
May 20D5
Pagc 2 of 11
building materials; metal products (i.e. Mobile Trailer parts, Household appliances
(White Metal), and similar items), or uncontaminated soil; roofing materials; and
carpeting.
4.4. Household Hazardous Waste (HH~~. Household hazardous waste, such as
petroleum products, paint products, etc., and known or suspected hazardous materials,
such as asbestos, lead based paint, or electrical transformers shall be removed by others.
door`diriation~;~fQ?;ai{i;~":`~eb;~'~.eaio.l ~ tl~e xespoiist``~ility;€jf the -Cj~y
4.5. Stumps. Tree stumps located within the ROW with one-half or more of the root ball
exposed will be removed. Tree stumps with the base cut diameter measurements less
than or equal to 24 inches (measured 24 inches up from where the tree originally exited
the ground) will be considered to be burnable debris and removed of with the same
methods used for other burnable debris. Tree stumps lazger than 24 inches in diameter
will be removed of as burnable and paid for in accordance to the MEASURMENT and
PAYIvfENT paragraphs in this contract. Prior to removal, all stumps grater than 24
inches in diameter shall be photographed and their location identified with the
photograph.
5. DEBRIS REDUCTION SITE(s).
5.1. The Contractor shall use only debris reduction site(s) designated in Section 2.2,
unless otherwise approved by the CITY. The contractor shall haul non-burnable debris to
the site designated for non-bunable debris and burnable debris to the reduction site
designated.
5.2. The reduction site operator shall direct all dumping operations. The Contractor shall
cooperate with the site operator to facilitate effective dumping operations.
5.3. The City makes no representations regarding the turn-around time at the dumpsites.
6. PERFORMANCE SCHDULE.
6.1. The Contractor shall commence performance within 72 hours of issuance of the
Notice to Proceed.
62. The Contractor shall, with the City's direction, provide a work plan showing where
operations will begin and which streets/roads will be cleared on a 2, 7, 14 day projection.
The plan will be updated every 2 days.
6.3. Maximum allowable time for completion wrill be determined on an event basis,
unless the City initiates additions or deletions to the contract by written change orders.
Subsequent changes in completion time will be equitably negotiated by both parties
pursuant to applicable State and Federal law.
Seope of Work-tk6ris Remoras
May 2005
Page 3 of 11
7. EQUIPMENT.
7.1. All trucks and other equipment must be in compliance writh all applicable Federal,
State, tribal and loca] rules and regulations. Any truck used to haul debris must be
capable of rapidly dumping its load without the assistance of other equipment; be
equipped with a tailgate that will effectively contain the debris during transport and
permit the truck to be filled to capacity; and measured and marked for its load capacity.
Sideboazd or other extensions to the bed are allowable provided they meet all applicable
rules and regulations, cover the front and both sides, and are constructed in a manner to
withstand severe operating conditions. The sideboards are to be constructed of 2" by 6"
boards or greater and not to exceed more than two feet above the metal bedsides. The
contracting Officer's representative must approve all requests for extensions. Equipment
will be inspected prior to its use by the Contractor using applicable U.S. Army Corps of
Engineers forms. The forms will be provided to the City after completion.
7.2. Trucks and other heavy equipment designated for use under this contract shall be
equipped with two signs; one attached to each side. The City will furnish these signs to
the Contractor. The signs remain the property of the City and will be returned to the City
at the conclusion of the contract.
7.3. Prior to con:unencing debris removal operations, the Contractor shall present to the
City's representative all trucks or trailers that will be used for hauling debris, for the
purpose of determining hauling capacity. The hauling capacity will be based on the
interior dimensions of the truck's metal dump bed. Hauling capacity, in cubic yards, will
be recorded and marked on each truck or trailer with permanent markings. Each truck or
trailer will also be numbered for identification with a permanent marking.
7.4. Trucks or equipment which are designated for use under this contract shall not be
used for any other work during the working hours of this contract. The Contractor shall
not solicit work from private citizens or others to be performed in the designated work
area during the period of this contract, Under no circumstances will the Contractor mix
debris hauled for others with debris hauled under this contract.
7.5. Equipment used under this contract shall be rubber tired and sized properly to fit
loading conditions. Excessive size equipment (6 CY and up) and non-rubber tired
equipment must be approved by the CITY.
8. REPORTING.
B.I. The Contractor shall submit a report to the CITY during each day of the term of the
contract. Each report shall contain, at a minimum, the following information:
1) Contractor's Name
2) Contract Number
3) Crew
4) Location of work
Scope ofWork-Drbrls Removal
May 2005
Page 4 of t I
5) Day of Report
6) Daily and cumulative totals of debris removed, by category
8.2. I?iscrepancies between the daily report and the corresponding load tickets will be
reconciled no later than the following day.
9. OTHER CONSIDERATIONS.
9.1. The Contractor shall supervise and direct the work, using skillful labor and proper
equipment for all tasks. Safety of the Contractor's personnel and equipment is the
responsibility of the Contractor. Additionally, the Contractor shall pay for all materials,
personnel, taxes, and fees necessary to perform under the terms of this contract.
9.2. The Contractor must be duly licensed in accordance with the state's statutory
requirements to perform the work. The Contractor shall obtain all permits necessary to
complete the work. The Contractor shall be responsible for determining what permits are
necessary to perform under the contract. Copies of all permits shall be submitted to the
CITY.
9.3. The Contractor shall be responsible for taking corrective action in response to any
notices of violations issued as a result of the Contractors or any subcontractors' actions or
operations during the performance of this contract. Convections for any such violations
shall be at no additional cost to the City.
9.4. The Contractor shall be responsiblc for control of pedestrian and vehiculaz traffic in
the work azea. The Contractor shall provide all flag persons, signs, equipment, and other
devices necessary to meet Federal, State, tribal and local requirements. The traffic
control personnel and equipment shall be in additional to the personnel and equipment
required in other parts of this contract. At a minimum, one Qag person should be posted
at each approach to the work area. Work shall be accomplished in a safe manner in
accordance with U.S. Army Corps of Engineers EM 385-1-1, Safety and Health
Requirements.
10. MEASUREMENT.
10.1. Measurement for burnable debris removed will be by the cubic yard as
predetermined through truck bed measurement. Trucks with less than full capacities will
be adjusted down by visual inspection by the CITY. Measurement will be documented
by load tickets.
10.2. Measurement for non-burnable debris removed will be by the cubic yard as
predetermined though truck bed measurement. Trucks with less than full capacities will
be adjusted down by visual inspection by the CITY. Load tickets will document
measurement.
Scope or Work - DeDrls Remowl
May 2005
Page 5 or I 1
10.3. Measurement for payment of stumps removed with 25 to 36 inch diameters base
cuts (measured 24 inches up from where the tree originally exited the ground) shall be
per stump.
10.4. Measurement for payment of stumps removed with 37 to 48 inch diameter base cuts
(measured 24 inches up from where the tree originally exited the ground) shall be per
stump.
10.5. Measurement for payment of stumps removed with 49 inch and larger diameter
base cuts (measured 24 inches up from where the tree originally exited the ground) shall
be per stump.
11.0 PAYMENT.
11.1. Payment for the removal of burnable debris (including stumps 24 inches and
smaller) to include all costs associated with loading, hauling and dumping will be paid
for under the contract bid item for Burnable Debris.
11.2. Payment for the removal of non-burnable debris to include all cost associated with
loading, hauling and dumping will be paid for under the contract bid item for Non-
Burnable Debris.
11.3. Payment for the removal of stumps, 25 inches and larger, to include all cost
associated with loading, hauling and dumping will be paid for under the contract bid item
for the appropriate size category for Stumps.
11.4. Payment for mobilization and demobilization will be paid for under the contract bid
item for Mobilization and Demobilization.
1 I.S. Payment for work completed may be invoiced on a bi-weekly basis. Invoices will
be based on verified quantities from the daily operational reports and valid load tickets.
11.6. The Contractor will be entitled to invoice for 60% of the mobilization and
demobilization line item after all equipment is delivered to the designated work site. The
remaining 40% will be due after all equipment is removed from the work site, all vehicle
signs have been returned to the City, and receipt of a proper invoice.
11.7. All payments made under this contract will be in accordance with PAYMENTS
clauses located in other sections of this contract.
12. OTHER CONTRACTS.
12. l .Other contracts may have been issued.
12.2. T'he City reserves the right to issue other contracts or direct other contractors to
work within the area included in this contract.
Seope of Wort -Debris Removal
May 21105
Page 6 or I 1
13. ENCLOSURES/ATTACHMENTS.
13.1. Bidding Schedule
13.2. Daily Report
13.3. Load Ticket
Seope of Work - DeDrb Removal
INay 2005
Page 7 of I l
EXHIBIT 'B'
BIDDING SCHEDULE Disaster Debris Man9Qement
Item
No.
Cate o
Units
Unit Price
1 Mobilization & Demobilization Lum Sum 0
lA Debris haulin to 6 nu. one wa Cubic Yazd 9 5
1B Debris haulin 7-1 S mi. one wa Cubic Yard 10.5 0
1C Debris haulin 16-30 mi. one wa Cubic Yard 1 1 7 5
1 D Debris haulin 31-45 mi. one wa Cubic Yazd 13 0 0
lE Debris haulin 46-60 mi. one wa Cubic Yazd
2 Temporary debris separation & reduction site
mnna ement
Cubic Yard
3A Debris dis sal to 15 mi. one wa Cubic Yazd
3B Debris dis osal 16-30 mi. one wa Cubic Yard
3C Debris dis sa131-45 mi. one wa Cubic Yard 5.25
3D Debris dis sal 46-60 mi. one wa Cubic Yard 6 , 7 5
3E Debris dis sal 61-75 mi. one wa Cubic Yard 7.25
3F Debris dis osa176-100 mi. one wa Cubic Yazd 8.00
3G Debris dis sal 101-115 mi. one wa Cubic Yard 8.5 0
3H Debris dis sal 116-130 mi. one wa Cubic Yard 9.0 0
4A Hazardous slum removal <6" diameter Each
4B Hazardous stun removal 6"<12" diameter Each 0
4C Hazardous scum removal 12"Q4" diameter Each 0
4D Hazazdous slum removal 24"<48" diameter Each 7 5 0 0
4E Hazardous slum removal 48" & u Each 9 5 0.0 0
5 Sand screenin Cubic Yard p
6 Recover & destro dead 5sh, animals Pound
Eauiament with Operator
7A 30 ton or laz er crane Hour 17 0.0 0
7B Stum 'der Hour 8 5.0 0
7C 50' bucket truck Hour
7D Self-loadin knuckleboom Hour 19 0.0 0
7E Track-hoe (John Deere 690) Hour 12 5.0 0
7F Wheel-loader (JD 644) Hour 13 5.0 0
7G D-6 dozer Hour 1 2 5.0 0
7H 4WD loader JD 544 Hour 12 5.0 0
7I Tractor w/lowbo ui .trans ort) Hour 9 0.0 0
7J Service truck Hour 9 0 , 0 0
7K Bobcat loader Hour
7L Drum and/or disc chi r w/o o rator) Hour ~ 0
7M Tractor w/boz blade w/o o erator) Hour 4 5 , 0 0
1N 5-14 CY Dum Truck Hour 40.00
70 15-24 CY Dum Truck Hour 0 0
sro~ ~rw~-t>~c~ ~..i
bL~ 2005
Page 6 of 11
w
r
w
N
N
N
M
7P 25-34 CY Dum Truck Hour 5 5.0 0
7 35-44 CY Dum Truck Hour 6 0.0 0
7R 45-54 CY Dum Truck Hour 7 0
7S 55-64 CY Dum Truck Hour
TT 65-74 CY Dum Truck Hour
7U 75+ CY Dum Truck Hour
7V Tub 'der iamond Z) Hour 4 9 0 , 0 0
7W Water truck 2,000 aI.) Hour 7 0 0 0
7X Rubber fire backhoe Hour 9 5.0 0
7Y Motor der Hour 120.00
7Z Air curtain burner Hour
7AA Tree Climber with ear Hour 7 5.0 0
7BB Tree O rotor with Chainsaw Hour 5 0 , 0 0
7CC Tree Crane with O orator Hour 1 2 0.0 0
Personnel
8A Climber w/ ear Hour 7 5.0 0
8B Pro'ect mono er w/truck Hour 7 5 0 0
8C Su rintendent w/truck Hour 6 5.0 0
8D Foreman w/truck Hour
8E Safe Su tendent Hour
8F O r w/chainsaw Hour
8G Surve ersonnel w/vellicle Hour
SH Traffic control ersonnel Hour 30.00
8l Ins ector w/vehicle Hour 4 5.0 0
8] Laborers Hour 3 0 0 0
8K Vice President/Pro'ect Director/Princi al Hour ~
$L Sr ro~ect mono er Hour
8M Pro'ect mana er Hour 65.00
8N Field Coordinator Hour
80 Field ins for/debris monitor Hour 45, 00
8P Pro'ect administrator Hour 60.00
8 Clerical assistant Hour
seoPe ~ work • Deb.ia Remo.a~
u-1.~ mos
Page 9 of 11
CONTRACTOR:
CONTRACTOR NO.: DATE OF REPORT:
1
2
3
4
5
6
7
8
Daily
Totals
CONTRACTOR:
1
2
3
4
5
6
7
8
9
Totals
DATE OF REPORT:
Scopc at Work -Debris Removal
stay 2005
Page 10 of t t
Sample Debris Load Ticket
LOAD TICKET
TICKET NUMBER: 00001
CONTRACT NUMBER:
PRIME CONTRACTOR'S NAME:
DATE:
DEBRIS UANTITY
Truck No: Capacity (CY):
Load Size: Cubic Yards
or Tons
Truck Driver:
DEBRIS CLASSIFICATION
Burnable
Non-Burnable
Mixed
Other
LOCATION
ZonelSection Dum site
Time Contractor Monitor
Loadin
Dum in
Scope of Work-Debris Removal
hLy 2005
P~Qe l I of 1 I
Ash~ritt Contact Sheet
In preparation for the 2007 hurricane season we would like to update our mutual
contact information. Enclosed is the AshBritt contact list for 2007. We would
appreciate an updated list from you to ensure that we have the most current and
appropriate contacts available. Communication is critical to our rapid response to
any need you may have. Please be advised that Don Madio who may have been on
your previous contact list is no longer associated with AshBritt. Thank you for
your cooperation.
AshBritt, Inc.
480 South Andrews Avenue, Suite 103
Pompano Beach, Florida 33069
Phone: (954) 545-3535
Toll Free: (800) 244-5094
Fax: (954) 545-3585
Email: info@ashbritt.com
Web: www.ashbritt.com
RECEIVED
~R ~ 6 ~(Ti
PUBLIC WOr?KS GP; '
Contractual Contacts:
Primary:
Terry Jackson
Chief Marketing Ofiicer
(954) 818-5449 cell (24 hrs)
terryQashbritt. com
Secondary:
Rand! E. Milner
Marketing Coordinator
(954) 9t4-8978 cell (24 hrs)
rmilner@crshbritt.eom
i,~,~~
Operations Contacts:
Primary:
John W. Noble
Chief Operating Officer
(954) 683-0247 cell (24 hrs)
jnoble@ashbritt.eom
Secondary:
Dow %night
VP, Operations
(954) 818- 4416 cell (24 hrs)
dow@QShbritt. com
~h ~S ~ t-~
AGREEMENT FOR
DEBRIS REMOVAL SERVICES
THIS AGREEMENT is made and entered into this day of 2008, by and
between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, hereinafter
referred to as "City", located at 1126 E. State Road 434, Winter Springs, Florida 32708, and ASHBRITT,
INC., a Florida Corporation, authorized to conduct business in the State of Florida, whose address is 480 S.
Andrews Ave, Suite 103, Pompano Beach, Florida 33069 hereinafter referred to as "Contractor.".
WITNESSETH:
WHEREAS, City has a need to obtain a contractor to assist in the expedient removal of storm debris
within the corporate limits of the City of Winter Springs which may result from storm or manmade events; and
WHEREAS, Contractor currently has a contract with the City of Casselbeny for the removal of storm
debris; and
WHEREAS, pursuant to section 2-152(a}(i) of the Winter Springs Code, the City Commission, on
September 8, 2008, approved awarding a contract to Contractor bypiggy-backing off the City of Casselbeny
contract subject to modification by the City Attorney; and
WHEREAS, the modifications made by the City Attorney, and approved by the parties hereunder, do
not affect the pricing or scope of services set forth in the Casselbenry contract, rather said modifications
address technical contract form provisions which the City of Winter Springs requires in its contracts; and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties covenant and agree as follows:
1.0 ENGAGEMENT. On an as needed basis, the City hereby engages the Contractor, and the
Contractor agrees, to perform the scope of work for debris reduction and site management, and debris removal
as specifically set forth in ATTACHMENT 1, which is attached hereto and fully incorporated herein by this
reference. The work shall be performed at the compensation rates set forth in the Bidding Schedules
incorporated into ATTACHMENT 1. The City reserves the right, at its discretion, to perform any work
related to this Agreement or to retain the services of other contractors to provide debris reduction and site
management, and debris removal services.
Continuing Engineer Services Agreement
City of Winter Springs and Ashbritt, Inc.
I
2.0 SAFETY Contractor shall be solely and absolutely responsible and assume all liability for
the safety and supervision of its principals, employees, and subcontractors while performing the work required
hereunder.
3.0 INSURANCE At all times when performing work under this Agreement, Contractor shall
be responsible for providing the types of insurance and limits of liability as follows:
3.1 The Contractor shall maintain comprehensive general liability insurance in the minimum amount
of $1,000,000 as the combined single limit for each occurrence to protect the Contractor from claims of
property damages and personal injury which may arise from any work performed under this Agreement
whether such work is performed by the Contractor or by anyone directly employed by or contracting with the
Contractor.
3.2 The Contractor shall maintain comprehensive automobile liability insurance in the minimum
amount of $1,000,000 combined single limit bodily injury and minimum $50,000 property damage as the
combined single limit for each occurrence to protect the Contractor from claims for damages for bodily injury,
including wrongful death, as well as from claims from property damage, which may arise from the ownership,
use, or maintenance of owned and non-owned vehicles, including rented vehicles whether such operations be
by the Contractor or by anyone directly or indirectly employed by the Contractor.
3.3 The Contractor shall maintain, during the life of this Agreement, adequate Workers'
Compensation Insurance in at least such amounts as are required by law for all of its employees performing
work for the City pursuant to this Agreement.
3.4 Special Requirements. Current, valid insurance policies meeting the requirements herein
identified shall be maintained at all times when Contractor is performing work under this Agreement.
Renewal certificates shall be sent to the City thirty (30) days prior to any expiration date. There shall also be a
thirty (30) day advance written notification to the City in the event of cancellation or modification of any
stipulated insurance coverage. The City shall be an additional named insured on stipulated insurance
policies included in article 10.1.a and IO.I.b herein, as its interest may appear, from time to time.
3.5 The insurance required by this Agreement shall include the liability and coverage provided
herein, or as required by law, whichever requirements afford greater coverage. All of the policies of insurance
so required to be purchased and maintained shall contain a provision or endorsement that the coverage
afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days' prior written
notice has been given to the City, and the Contractor by certified mail, return receipt requested. All such
insurance shall remain in effect until final payment. In the event that the Contractor shall fail to comply with
the foregoing requirement, the City is authorized, but in no event shall be obligated, to purchase such
insurance, and the City may bill the Contractor oroff--set the purchase price from any monies owed Contractor
under this Agreement. If billed, the Contractor shall immediately forward funds to the City in full payment for
Continuing Engineer Services Agreement
City of Winter Springs and Ashbritt, Inc.
2
said insurance. It is expressly agreed that neither the provision of the insurance referred to in this Agreement
nor the City's acceptance of the terms, conditions or amounts of any insurance policy shall be deemed a
warranty or representation as to adequacy of such coverage. All insurance coverage shall be with insurer(s)
rated as A+ by Best's Rating Guide (or equivalent rating and rating service as reasonably determined by the
City Manager) and licensed by the State of Florida to engage in the business of writing of insurance or
provided through the London Market for Professional Liability Insurance. Unless agreed to by the City to the
contrary, the City shall be named on the insurance policies included in article 10.1.a and 10.1.b as "additional
insured." Further copies of all relevant policies will be provided to the City. If the City has any objection to
the coverage afforded by or other provision of the insurance required to be purchased and maintained by the
Contractor in accordance with this Article on the basis of its not complying with the Agreement, the City shall
notify the Contractor in writing thereof within thirty (30) days of the date of delivery of such certificates to the
City. For all work performed pursuant to this Agreement, the Contractor shall continuously maintain such
insurance in the amounts, type, and quality as required by the Agreement.
4.0 COMPLIANCE WITH LAWS AND REGULATIONS Contractor shallcomplywith
all requirements of federal, state, and local laws, rules, regulations, standards, and/or ordinances applicable to
the performance of work under this Agreement.
5.0 REPRESENTATIONS
5.1 Contractor represents that the work provided hereunder shall conform to all requirements of this
Agreement and shall conform to the customary standards of care, skill, and diligence appropriate to the nature
of the work rendered. Contractor shall perform as expeditiously as is consistent with professional skill and
care and the orderly progress of the work performed hereunder. The Contractor's designated representative
shall have the authority to act on Contractor's behalf with respect to the work. In addition, Contractor's
representative shall render decisions in a timely manner in order to avoid unreasonable delay in the orderly and
sequential progress of the work. The Contractor shall review laws, codes, and regulations applicable to the
work. The Contractor's work shall comply with all applicable requirements imposed by all public authorities.
The Contractor represents and warrants that it is familiar with, and accepts that it will perform the work
hereunder in a manner that complies with all applicable requirements of law, codes, and regulations.
5.2 Contractor represents that all principals, employees, subcontractors, and other personnel
furnishing such work shall be qualified and competent to perform the work assigned to them and that such
guidance given by and the recommendations and performance of such personnel shall reflect their best
professional knowledge and judgment.
6.0 DOCUMENTS/PUBLIC RECORDS It is hereby specifically agreed that any record,
document, computerized information and program, audio or video tape, photograph, or other writing of the
Contractor and its independent contractors and associates related, directly or indirectly, to this Agreement,
shall be deemed to be a Public Record whether in the possession or control of the City or the Contractor. Said
Continuing Engineer Services Agreement
City of Winter Springs and Ashbritt, Inc.
3
record, document, computerized information and program, audio or video tape, photograph, or other writing of
the Contractor is subj ect to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without
the specific written approval of the City's City manager. Upon request by the City, the Contractor shall
promptly supply copies of said public records to the City. AlI books, cards, registers, receipts, documents, and
other papers in connection with this Agreement shall at any and all reasonable times during the normal
working hours of the Contractor shall be open and freely exhibited to the City for the purpose of examination
and/or audit.
7.0 ASSIGNMENT
7.1 Contractor shall not assign or subcontract this Agreement or any rights or any monies due or to
become due hereunder without the prior, written consent of City.
7.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by
Contractor, Contractor shall be fully responsible to City for all acts and/or omissions performed by the
subcontractor as if no subcontract had been made.
7.3 If City determines that any subcontractor is not performing in accordance with this Agreement,
City shall so notify Contractor who shall take immediate steps to remedy the situation to the City's
satisfaction.
8.0 INDEPENDENT CONTRACTOR At all times during the term of this Agreement,
Contractor shall be considered an independent contractor and not an employee of the City.
9.0 TERMINATION This Agreement may be terminated by either party upon thirty (30) days
written notice. In the event of such termination, City shall be liable only for the payment of all unpaid charges,
determined in accordance with the provisions of this Agreement, for work properly performed prior to the
effective date of termination.
10.0 GOVERNING LAW & VENUE This Agreement is made and shall be interpreted,
construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state
action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be
Orlando, Florida.
11.0 HEADINGS Pazagraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
12.0 SEVERABILITY In the event any portion or part of thereof this Agreement is deemed
invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an
Continuing Engineer Services Agreement
City of Winter Springs and Ashbritt, Inc.
4
equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the
remaining parts of this Agreement shall otherwise by fully enforceable.
13.0 WAIVER AND ELECTION OF REMEDIES
13.1 Waiver by either party of any term, condition, or provision of this Agreement shall not be
considered a waiver of that term, condition, or provision in the future.
13.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding
unless in writing and signed by a duly authorized representative of each party hereto.
14.0 ENTIRE AGREEMENT This Agreement, including Attachment 1 attached hereto, constitute
the entire agreement between City and Contractor with respect to the work specified and all previous
representations relative thereto, either written or oral, are hereby annulled and superseded.
15.0 NO JOINT VENTURE Nothing herein shall be deemed to create a joint venture or
principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act
toward third persons or the public in any manner which would indicate any such relationship with the other.
16.0 ATTORNEY'S FEES Should either party bring an action to enforce any of the terms of
this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party the costs and
expenses of such action including, but not limited to, reasonable attorneys' fees, whether at settlement, trial or
on appeal.
17.0 DRAFTING City and Contractor each represent that they have both shared equally in drafting
this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in
the event of a dispute between the parties.
18.0 NOTICE
18.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or
mailed, postage prepaid to:
For Contractor:
480 S. Andrews Aveune, Suite 103
Pompano Beach, Florida 33069
~ )
Continuing Engineer Services Agreement
City of Winter Springs and Ashbritt, Inc.
5
For Ci
City of Winter Springs/ Public Works Department
Attention: Public Works Director
1126 E. State Road 434
Winter Springs, Florida 32708
(407) 327-5989 FAX: (407) 327-6695
18.2 Either party may change the notice address by providing the other party written notice of the
change.
19.0 SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign
immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability
under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or
interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or
portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or
judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its
agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred
thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement.
20.0 CORPORATE REPRESENTATIONS BY CONTRACTOR Contractorherebyrepresents
and warrants to the City the following:
20.1 Contractor is duly registered and licensed to do business in the State of Florida and is in good
standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and
operations set forth in this Agreement.
20.2 The undersigned representative of Contractor has the power, authority, and legal right to execute
and deliver this Agreement on behalf of Contractor.
21.0 INDEMNIFICATION
21.1 Contractor shall indemnify and hold harmless the City, and its officers (including its City
Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor and other persons employed by the Contractor in the performance of the Agreement.
Continuing Engineer Services Agreement
City of Winter Springs and Ashbritt, Inc.
6
21.2 Contractor shall also indemnify and hold harmless the City, and its officers (including its City
Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by Contractor's breach and caused by other persons employed by the
Contractor in the performance of the Agreement.
The indemnity provisions set forth in Paragraphs 21.1 and 21.2 shall be considered separate and
independent indemnity provisions.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly
authorized representatives as of the date first written above.
CIT Y OF WIN'I'>/R SPRINGS * CONT C R:
__ _ By:
rint Narne/ itle: ^ KC-vL:/ L. stirs ?~,~ Print J e/Title: . O~~ .
~il T`, /~~~ Gf`~
ATTEST:
1 ` ~
lerk
* THIS AGREEMENT IS ONLY VALID AGAINST THE CITY UPON APPROVAL BY THE CITY
COMMISSION OF WINTER SPRINGS AND SIGNATURE BY EITHER THE MAYOR OR CITY
MANAGER.
Continuing Engineer Services Agreement
City of Winter Springs and Ashbritt, Inc.
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