HomeMy WebLinkAboutD&J of Alabama Inc Addendum to Agreement for Hurricane/Disaster Debris Removal, Reduction, and Disposal - 2020 08 19ADDENDUM TO AGREEMENT FOR
HURRICANE/DISASTER DEBRIS REMOVAL,
REDUCTION and DISPOSAL
THIS ADDENDUM to the Agreement for Hurricane/Disaster Debris Removal, Reduction and
Disposal (the "Addendum") is made and entered into this _EL day of August, 2020, by and between
the City of Winter Springs, Florida, a political subdivision of the State of Florida (the "City',
1126 E State Rd 434, Winter Springs, FL 32708 and D&J OF ALABAMA, INC., d/b/a D&J
ENTERPRISES, INC., an Alabama corporation authorized to do business in Florida ("Contractor"),
whose principal address is 3495 Lee Road 10, Auburn, AL 36832-8040.
WITNESSETH:
WHEREAS, the City and Contractor entered into that certain Agreement for
Hurricane)Disaster Debris Removal, Reduction and Disposal dated September 14, 2018
("Agreement"); and
WHEREAS, the City and Contractor desire to amend the Agreement to address the fact
that the City intends to lease certain private property for the operation and maintenance of temporary
staging areas for vegetative storm debris collection and processing; and
WHEREAS, Contractor and subcontractors will be required to enter such private property
to carry out the purposes of the Agreement in the event of a hurricane, storm event, or similar
natural disaster; and
NOW, THEREFORE, for and in consideration of the terms and conditions of this
Addendum and the mutual covenants set forth herein, and for other good and valuable
consideration, the City and Contractor agree as follows:
A. Section 10 Amendment. Section 10.0 of the Agreement shall be amended as follows:
10.0 INSURANCE
10.1 Liability Amounts. During the term of this Agreement, the Contractor shall be
responsible for providing the types of insurance and limits of liability as set forth below.
a. General Liability. The Contractor shall maintain comprehensive general liability
insurance in the minimum amount of $1,000,000.00 as the combined single limit for each
occurrence, and $2,000,000.00 in the aggregate, with a deductible no greater than $5,000.00,
unless a higher deductible is pre -approved by the City Manager, to protect the Contractor from
claims of property damages and personal injury which may arise from any Services performed
under this Agreement, whether such Services are performed by the Contractor or by anyone
City of Winter Springs and D&J Enterprises
Addendum
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It Automobile Liability. The Contractor shall maintain comprehensive automobile
liabty insurance in the minimum amount of $1,000,000 per occurrence combined single limit
for bodily injury, including wrongful death, and property damage, which may arise from the
ownership, use or maintenance of owned and non -owned automobiles, including rented
automobiles, whether such operations be by the Contractor or by anyone directly or indirectly
employed by the Contractor.
C. Workers' Compensation. The Contractor shall maintain, during the life of this
Agreement, adequate Workers'Compensation Insurance and Employers' Liability 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.
10.2 Special Requirements, Current, valid insurance policies meeting the requirements
eL,9.1-1 )m If dduxTgzk�a �Q(A- iR-AP-,r"-m-ent. 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. In addition, the Contractor
agrees that any private property owner owning property that is to be used as a temporary
debris collection and processing site pursuant to a lease or other agreement with the City
shall be an additional named insured on stipulated insurance policies included in article
10.1.a and 10.1.b herein. The City shall promptly inform the Contractor of any new leases
which may require procurement of an additional insured endorsement.
10.3 The insurance required by this Agreement shall include the liability and coverage
ana the City may bill the Contractor. The Contractor shall immediately forward flinds to the City
in full payment for 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
(or equivalent rating and rating service as redsonably 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. The Contractor shall cause its
insurance carriers, prior to the effective date of this agreement to furnish insurance certificates
specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of
such policies, and a statement that no insurance under such policies will be canceled without
thirty (30) days' prior written notice to the City in compliance with other provisions of this
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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.
10.4 Independent Associates and Contractors. All independent associates and contractors
employed by the Contractor to perform any Services hereunder shall fully comply with the
insurance provisions contained in this paragraph.
B. EFFECTIVENESS. Except as amended herein, the Agreement shall remain in full force and
effect. This Addendum shall not be effective and binding until the latest date that this Addendum
is approved and signed by all parties hereto. The term of this Addendum shall ran concurrently
with the term of the Agreement.
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and year first above written.
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Date:
. . . . . . .................
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Christian Gowan, h*wim City Clerk
City of Winter Springs and D&J Enterprises
Addendum
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