HomeMy WebLinkAbout08 AGREEMENT WITH ASHBRITT TO PROVIDE DISASTER-RELATED DEBRIS MGMT AND RECOVERY SERVICESAgenda Item S
Reviewed:
AGENDA REPORT City Manager
Finance Director 4iX
MEETING DATE: JUNE 17, 2014
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: CHARLES F. CELANO, JR., CHIEF OF POLICE
SUBJECT: AGREEMENT WITH ASHBRITT, INC. TO PROVIDE DISASTER -
RELATED DEBRIS MANAGEMENT AND RECOVERY SERVICES
SUMMARY
Ashbritt, Inc. (Ashbritt) is a national company that provides support services to public
agencies during and after disasters. The County of Orange (County) has contracted
with Ashbritt and is making the contract available to local agencies. City Council
approval is requested for a stand -alone disaster - related debris management and
recovery services agreement with Ashbritt.
RECOMMENDATION
Approve the Agreement with Ashbritt and authorize the City Manager to:
1. Execute the Agreement with Ashbritt; and
2. Execute the County of Orange Indemnification Supplement Agreement.
FISCAL IMPACT
There is no fiscal impact to the City associated with this action. If a disaster was to
occur and the City requests services from Ashbritt, the City would incur costs as
specified in the agreement. Ashbritt is responsible for providing services and
expenditure documentation in conformance with Federal Emergency Management
Agency and California Office of Emergency Services requirements such that the City
can seek cost reimbursement for eligible expenses.
Agreement with Ashbritt, Inc. to Provide Disaster - Related Debris Management and
Recovery Services
June 17, 2014
Page 2 of 3
CORRELATION TO THE STRATEGIC PLAN
The recommendation correlates to the City's strategic plan by implementing Goal B,
item number two, by enhancing the City's readiness to respond to major disasters.
BACKGROUND /DISCUSSION
After a disaster or local emergency incident, ready access to equipment and services is
crucial to ensure quick recovery by the City, its residents and businesses. Establishing
pre- disaster agreements with service and equipment vendors is highly recommended by
State and Federal emergency response agencies.
In collaboration with the Orange County City Managers Association, the County of
Orange has developed and approved an on- demand services contract with Ashbritt to
provide disaster debris management services and other disaster support and recovery
services during a locally declared emergency. The County's contract contains language
permitting other Orange County public agencies to enter into stand -alone subordinate
contracts with Ashbritt.
The proposed contract will augment existing mutual aid agreements while enhancing
the City's ability to rapidly secure additional personnel and equipment needed to
effectively and efficiently provide large -scale emergency debris removal and other
recovery services. Services identified in this contract may be provided for the public
rights of way, other public property and, in some extenuating circumstances, to selected
private property parcels. Since this is an on- demand contract, there is no obligation by
the City to pay any fees until after services are requested and rendered.
Being a national company, Ashbritt has responded to numerous incidents and declared
disasters and has demonstrated experience in all facets of disaster recovery and the
numerous services that may be required in order to assist the local government when
faced with responding to a natural or man -made disaster.
Ashbritt is also very knowledgeable with the Robert T. Stafford Act and 44 C.F.R.,
FEMA debris management policies, and Federal Public Assistance Program procedures
and guidelines. This knowledge enables them to manage recovery projects to maximize
state and federal reimbursements to the City.
Pursuant to the Orange County Agreement, the following local agencies have entered
into stand -alone subordinate agreements with Ashbritt:
City of Cypress City of La Habra
City of Dana Point City of Laguna Woods
City of Fullerton City of Orange
City of Irvine City of San Clemente
Agreement with Ashbritt, Inc. to Provide Disaster - Related Debris Management and
Recovery Services
June 17, 2014
Page 3 of 3
Additionally, Riverside, Los Angeles and San Bernardino Counties have entered into
separate agreements with Ashbritt.
The Orange County Agreement has been reviewed and approved by the City Attorney.
The proposed stand -alone agreement has been developed by the City Attorney and
executed by Ashbritt.
CHARLES F. CELANO, JR.
Chief of Police
Attachments:
J EYERS
Em6r§ency Mgmt. Coordinator
1. MA- 080 - 11010203 Contract Summary (County of Orange and Ashbritt, Inc.)
1 a. MA- 080 - 11010203 Amendment No. 1
2. Proposed Disaster - Related Debris Management and Recovery Services
Agreement
3. Indemnification Supplement Agreement
ATTACHMENT NO. 1
MA- 080 - 11010203
CONTRACT SUMMARY
EFFECTIVE: 11/23/10-11/22113
NOT TO EXCEED $0.00"
RENEWABLE FOR 2 ADDITIONAL YEARS
DISASTER - RELATED DEBRIS MANAGIiMENT AND RECOVERY SERVICES SHALL BE
PROVIDED IN ACCORDANCE WITH CONTRACT MA-080-11010203, ATTACHED
HERETO. "NO'1'1-': THERE IS CURRENTLY NO AMOUNT ASSOCIATED WITH THESE
SERVICES BEING THAT THIS IS A USAGE CONTRACT AND SERVICES WILL ONLY
BE UTILIZED DURING A DISASTER.
PAYABLE UPON SUBMISSION OF INVOICE(S); INVOICE(S) MUST REFERENCE
CONTRACT NUMBER MA-080-11010203.
CONTACT INFORMATION:
CONTRACTOR CONTACT: ROB RAY
ASHBRiTT, INC.
PHONE: 954.545.3535
EMAIL: RRAY @ASI -IBRITT.COM
COUNTY CONTACT: POL1N MODANLOU
PHONE: 714.834.2694
EMAIL: POLIN.MODANLOU @OCPW.00GOV.COM
714.834.3285 (OC PUBLIC WORKS ACCOUNTS PAYABLE)
BOS 11/23/10 - KK 11.23.10 RX: 249923
O n rA l 1 :j m
�r
Y{ 4 +OttF
COUNTY OF ORANGE
MASTER AGREEMENT
COUNTY PROCUREMENT OFFICE
MASTER AGRCEMENT NUM DER: MA -080- 11010203
Bgin Dnic: 1123 12010
Lxpita ion Dow 11/22/2013
13omd -Award Dole: 1123/2010
Romd Amid Nombcl: 10. 001185
Modificulion Date: 11/30/2010
Cnuunci Type: Service
Cited Authorily: Board ol'Sulmvisors Approval Received
POR INTERNAf. COUTY U.SE
ONLY. TNIS 1S NOT
AN !- Ef.AI.
DOCUMENT. DO NOT
DLS'I'R16UTE TO VGNDOR.
NOT TO EXCEED AMOUNT: $999,999,999.00
Record Dam: 2010 -II -30
Plocurcmcnt Felder: M591884
Procuremeni Type: Request tot Pioposuis - RPI'
Replaces Awmd Document: --
Replaced by Awald Document --
Version Number I
RIiQUETI'OR: ISSUER: BUYER:
POLIN MODANLOIJ KATI ILELN KAS'I'EN KATI II.LEN KASTEN
714.067.3211 n/n n/a
POI.IN.MODANI,Otlol OCPW.00GOV.COM KATI fLEEN. KASTLN @OCPW.000OV.COM K ATHI.UiN. KASTLN(WCPW.00GOV. COM
IC,...____IRA 1 DI,' .
ON -'- C "-- SRIPTION
C--_..___.__._.—.._ �_..- --._..____._----- �...__.._---- --.—.__...__....----.__ .__.____..__...-•---...- '---..�
•DISAS'rr:R.RLLA'I'ED DEBRIS MGM 'I' SERVICES'
U4'ECTIVI! DA'I'FS'. 11/23/10 THROUGH 11/22/13 "SEE A17ACIIED CONTRACT SUMMARY; NOTE: THIS IS A USAGE CONTRACT AND
SERVICES WILL ONLY BE UTILIZED IN THE EVENT OF A DISASTER.'" BOS 1123 /10- KK 1 I /23/IO RX: 249923
_..._ ..............._.....__.._ _.__..-
�RI:ASON FOR MODIFICATION
VENDORINFORMATION
Name /Address:
Contact:
VC0000009712: ASIIBRI'I -I' INC
ROB RAY
I Ycars
954.545 -3535
480 S ANDREWS AVE
RRAY04 ASI IBRITCCOM
STE 103
1122f2015
POMPANO BEACI I, EL 33069 -3538
COMMODITY] SERVICE INFORMATION
AUTHORIZED FUNDING SOURCES
Line
uantit
UOM Unit PYlte
Service Amount
Service Pro
Service To
I Line Sub Total
Tax Amount
Line Total
1
0.001
1 So.o
$0.
11/112mo
1 11222013
1 SO.001
S0.00
$0.1
CommoJity Cate: 91027 - Galtagerrmsh Removnl, Disposal and/or Treatment
DISASTER- DLBRIS REMOVAL SERVICES
RENEWAL PERIODS
Renewal Period Lon th
Effective Begin Date
Expiration Date
I Ycars
11232013
1122/2014
I Ycars
11232014
1122f2015
AUTHORIZED FUNDING SOURCES
Deunrtmenl
I No Limit
SDenifing Limit
080 - OCPIJBI.IC WORKS
I YES
50.00
r.1'0. mAl . MASTER AGREEMENT r�hu I a
4IA-0 1101= DW Ni Nom.#n A min
County of Orange, OC Public Works Contract MA- 080 - 11010103
Ashilrift, Inc.
CONTRACT MA- 080 - 11010203
BETWEEN
THE COUNTY OF ORANGE
AND
AsiiBRITT, INC.
FOR
DISASTER - RELATED DEBRIS MANAGEMENT AND RECOVERY SERVICES
THIS Contract Number MA- 080 - 11010203 for Disaster - Related Debris Management and
Recovery Services (hereinafter referred to as "Contract ") is made and entered into as of the date fully
executed by and between the County of Orange, a political subdivision of the State of California,
(hereinafter referred to as "County") and AshBritt, Inc., with a place of business at 480 South Andrews
Ave., Ste. 103, Pompano Beach, FL, 33069 (hereinafter referred to as "Contractor "). County and
Contractor are sometimes individually referred to as a "Party", or collectively referred to as "Parties ".
RECITALS
WHEREAS, it is the desire of the County to obtain Professional Services for Disaster - Related
Debris Management and Recovery Services ( "Program ") under this usage contract for services with
Contractor to be reimbursed for certain costs and expenses using a mutually agreed upon formula; and,
WHEREAS, Contractor responded to the County- issued Request for Proposals ( "RFP ")
solicitation offering the complete scope of products and services as requested in the solicitation, and
Contractor has represented that its proposed products and services shall meet or exceed the County's
requirements and specifications as set forth herein with highly qualified and experienced personnel
dedicated to provide said services to the County; and,
WHEREAS, Contractor agrees to provide Professional Services for the Program as more
specifically described in the Scope of Work, attached hereto as Attachment A, and incorporated herein;
and,
WHEREAS, County agrees Contractor recovers compensation through the program as further set
forth in Contractor's Pricing, attached hereto as Attachment B, and incorporated herein; and,
WHEREAS, upon commencement and completion of all services as set forth herein and agreed to
by the Parties, Contractor shall assume all responsibilities and obligations inherent with providing
Program Services;
NOW, THEREFORE, the Parties mutually agree as follows:
ARTICLES
1. Scope of Contract: This Contract specifies the contractual terms and conditions by which the
Contractor will provide Professional Services for Program under an usage contract for services with
Contractor to be reimbursed for certain costs and expenses using a mutually agreed upon formula,
inclusive of, but not limited to, the requirements set forth in the Scope of Work in compliance with
CaIEMA/FEMA requirements, Attachment A to this Contract.
2. Term of Contract: The initial term of this Contract shall become effective upon execution of all
necessary signatures or upon the approval of the Orange County Board of Supervisors, whichever
occurs later, and shall continue for three (3) years from that date, unless otherwise terminated by
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County of'Oraltge, OC Public If ork%
IshRritl, Inc.
Conlract A14-080-11010203
County. This Contract may be renewed upon expiration of the initiatl term for two (2) additional one -
year period-,t. upon mutual ipreement of both Parties. The County is not obligated to give a re sc ii if
it elects not to renew. Renewal amendments may require County Board of Supervisor approval.
3. Cooperative Agreement: The provisions and pricing of this Contract will be extended to other
Orange County local governmental entities and special districts. Local governmental entitics and
special districts wishing to w L this Contract will be responsible for issuing their own purchase
documents/price agreements, providing l'or their own acceptance, and snaking any subsequent
payments. Contractor shall be required to include in any contract entered into with another agency or
entity that is entered into as an extension of this Contract a contract clause that will hold harmless the
County of Orange from all claims, demands, actions or causes of actions of every kind resulting
directly or indirectly, are 4 ing out of, or in any way connected with the use of this Contract. failure to
do so will be considered a material breach of this Contract and grounds for immediate Contraet
termination. The cooperative entities are responsible lbr obtaining all certificates of insurance and
bonds rucluired. The Contractor is responsible for providing each cooperative entity a copy of the
Contract upon request by Elie cooperative entity. 'file County of Orange make:: no buaranice: of usayc
by other users of this Contract.
The Contractor shall be required to maintain a list of the cooperative entities using this Contract. Tile
I, st shall report dollar volumes spent annually and shall be provided on an annual basis to the County,
at the County's request.
4. Precedence: The executed Contract will consist of this Contract a1d all attachments. In the event of
a conflict between or among the Contract documents, the order of precedence shall be the provisions
of the ruin body of this Contract, i.e., those provisions set fort:i in the recitals and articles of this
Contract, and then the attachments.
Contractor's Project Manager and Key Personnel: Contractor shall appoint a Project Manager, as
specified in Article 2I, "Notices," to direct the Contractor's efforts in fulfilling Contractor's
obligations under this Contract. This Project Manw er shall be subject to acceptance by the County
and shat l not be changed without the written consent of the County's Project Manaf -cr, which consent
shall not be unreasonably withheld.
Contractor's Project Manager and key personnel shall be assigned to this project for the duration of
this Contract and skull diligently pursue all work and services to meet the project time lines. Key
personnel are those individuals who report directly to the Contractor's Project Manager.
ti. County's Project Manager: County shall appoint a Project Manager, as spec fied in Article 21,
"Notices ", to act as liaison between the County and the Contractor durin, the term of this Contract.
The County's Project Manager shall provide oversh ht of Contractor's performance and coordinate
the activities of the County staff assigned to work with the Contractor.
County's Project Manager shall have the right to require the removal and replacement of the
Contractor's Project Manager and key personnel. The County's Project Manager shall notify the
Contractor in writing of such action. The Contractor shall accomplish the removal. within 14 calendar
days after written notice by the County's Project Manap,er. The County's Project Manager shall
review and accept the appointment of the replacement for the Contractor's Project Manager and key
personnel. Said acceptance shall not be unreasonably withheld.
7. Reports/Meetings: The Contractor shall develop reports and any other relevant documents necessary
to complete the services and requirements as set forth in this Contract. The County's Project Manager
and the Contractor's Project Manager will meet at a County designated location to discuss the
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County of Orange, OC Public Works Contract MA -080 - 11010103
A.sbBrla, Inc.
Contractor's performance and progress under this Contract, as directed or requested by the County's
Project Manager. If directed by County, the Contractor's Project Manager and other project personnel
shall attend all meetings. The Contractor shall provide such information that is directed by the County
for the purpose of monitoring progress under this Contract.
8. Conflict of Interest: The Contractor shall exercise reasonable care and diligence to prevent any
actions or conditions that could result in a conflict with the best interests of the County. This
obligation shall apply to the Contractor; the Contractor's employees, agents, and relatives; sub -tier
Contractors; and third parties associated with accomplishing work and services hereunder. The
Contractor's efforts shall include, but not be limited to establishing precautions to prevent its
employees or agents from making, receiving, providing or offering gifts, entertainment, payments,
loans or other considerations which could be deemed to appear to influence individuals to act_ contrary
to the best interests of the County.
9. Ownership of Documents: The County has permanent ownership of all directly connected and
derivative materials produced under this Contract by the Contractor.' All documents, reports and
other incidental or derivative work or materials furnished hereunder shall become, and remain, the
sole property of the County and may be used by the County as it may require without additional cost
to the County. None of the documents, reports and other incidental or derivative work or furnished
materials shall be used by the Contractor without the express written consent of the County.
a. Ownership Rights: The originals of all artwork and other products and data produced for
County Program under this Contract shall be delivered to, and become the property of the
County. Copies may be made for Contractor's records, but shall not be furnished to others
without written authorization from the County. Such deliverables shall become the sole property
of the County and all rights in copyright therein shall be retained by the County.
10. Title to Data: All materials, documents, data or information obtained from the County data files or
any medium furnished to the Contractor in the performance of this Contract will at all times remain
the property of the County. Such data or information may not be used or copied for direct or indirect
use by the Contractor after completion or termination of this Contract without the express written
consent of the County. All materials, documents, data or information, including copies, must be
returned to the County at the end of this Contract.
11. Breach of Contract: The failure of the Contractor to comply with any of the provisions, covenants
or conditions of this Contract shall be a material breach of this Contract. In such event the County
may, and in addition to any other remedies available at law, in equity, or otherwise specified in this
Contract:
1. Afford the Contractor written notice of the breach and ten (10) calendar days or such
shorter time that may be specified in this Contract within which to cure the breach;
2. Discontinue payment to the Contractor for and during the period in which the Contractor
is in breach and offset against any monies billed by the Contractor but yet unpaid by the
County those monies disallowed pursuant to the above.
3. Terminate the Contract immediately without penalty.
12. Contract Disputes: The Parties shall deal in good faith and attempt to resolve potential disputes
informally. If the dispute concerning a question of fact arising under the terms of this Contract is not
disposed of in a reasonable period of time by the Contractor's Project Manager and the County's
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County of Orange, OC Public Works Contract MA-080-11010203
A.chHrin, Inc.
Project Manager, such matter shall be brought to the attention of the County Deputy Purchasing
Agent ( "DPA "), as specified in Article 21., "Notices," by way of the following process:
a. The Contractor shall submit to the County DPA a written demand for a final decision regarding
the disposition of any dispute between the Parties arising under, related to, or involving this
Contract, unless the County, on its own initiative, has already rendered such a final decision.
b. The Contractor's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Contract, the Contractor shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith and in accordance with the executed contract, that the supporting data are accurate
and complete, and that the amount requested accurately reflects the Contract adjustment for
which the Contractor believes the County is liable.
c. Pending the final resolution of any dispute arising under, related to, or involving this Contract,
the Contractor agrees to diligently proceed with the performance of this Contract, including the
delivery of goods and/or provision of services. The Contractor's failure to diligently proceed
shall be considered a material breach of this Contract. Any final decision of the County shall
be expressly identified as such, shall be in writing, and shall be signed by the County
Purchasing Agent or his designee. If the County fails to render a decision within 90 clays after
receipt of the Contractor's demand, it shall be deemed a final decision adverse to the
Contractor's contentions.
13. Stop Work:. The County may, at any time, by written stop work order to the Contractor, require the
Contractor to stop all or any part of the work called for by this Contract for a period of 90 working
days after the stop work order is delivered to the Contractor and for any further period to which the
Parties may agree. The slop work order shall be specifically identified as such and shall indicate it is
issued under this clause. Upon receipt of the stop work order, the Contractor shall immediately
comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to
the work covered by the stop work order during the period of work stoppage. Within a period of 90
working days after a stop work order is delivered to the Contractor or within any extension of that
period to which the Parties shall have agreed, the County shall either:
1. Cancel the stop work order; or
2. Terminate the Contract in whole or in part in writing as soon as feasible. The
County is not required to provide thirty (30) days notice of the termination of the
Contract to Contractor if a stop work has been issued.
14. Termination — Convenience of the County: The County may terminate performance of work under
this Contract for its convenience in whole, or, from time to time, in part if the County's Project
Manager determines that a termination is in the County's interest. The County's Project Manager
shall terminate the Contract by delivering to the Contractor a written notice of termination specifying
the extent of the termination and the effective date thereof. The parties agree that, as to the terminated
portion of the Contract, the Contract shall be deemed to remain in effect until such time as the
termination settlement, if any, is concluded and the Contract shall not be void.
After receipt of a notice of termination and, except as directed by the County's Project Manager, the
Contractor shall immediately proceed with the following obligations, as applicable, regardless of any
delay in determining or adjusting any amounts due under this clause. The Contractor shall:
Stop work as specified in the notice of termination;
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County of Orange, OC Public Works Contract MA -080- 11010203
A.shllrin, Inc.
2. Place no further subcontracts or orders for materials, services, or facilities, except as
necessary to complete the continued portion of the Contract;
3. Tenninate all orders and subcontracts to the extent they relate to the work temtinated;
4. Settle all outstanding liabilities and termination settlement proposals arising from the
tennination of any subcontracts, the approval or ratification of which will be final for
purposes of this clause;
5. As directed by the County's Project Manager transfer title and deliver to the County (a)
work in process, completed work, supplies, and other material produced or acquired for
the work terminated, and (b) completed or partially completed plans, information, and
other property that, if the Contract had been completed, would be required to be furnished
to the County;
6. Complete performance of the work not terminated.
At the completion of the Contractor's termination efforts, the Contractor may submit to the County's
Project Manager a list indicating quantity and quality of termination inventory not previously
disposed of and request instructions for disposition of the residual termination inventory.
After termination the Contractor shall submit a final termination settlement proposal to the County's
Project Manager in a format acceptable to the County. The Contractor shall submit the proposal
promptly, but no later than 60 days from the effective date of the termination, unless extended in
writing by the County upon written request of the contractor within the 90 -day period. However, if
the County's Project Manager determines that the facts justify it, a termination settlement proposal
may be received and acted on after the expiration of the filing period or any extension.
The Contractor and the County may agree upon the whole or any part of the amount to be paid
because of the termination. The amount may include a reasonable allowance for profit on work done,
including a reasonable amount for accounting, legal, clerical and other expenses reasonably necessary
for the preparation of termination settlement proposals and supporting data, and storage,
transportation and other costs incurred, reasonably necessary for the preservation, protection, or
disposition of the termination inventory, if any. However, the agreed amount may not exceed the total
Contract price as reduced by (a) the amount of payment previously made and (b) the Contract price of
work not terminated. The Contract shall be amended and the Contractor paid the agreed amount.
If the Contractor and the County fail to agree on the whole amount to be paid because of the
termination of work, the County shall pay the Contractor the amounts determined by the County as
follows, but without duplication of any amounts agreed on as set forth above:
The Contract price for completed services accepted by the County (or sold or acquired)
not previously paid for, adjusted for any savings and other charges; and
2. Except to the extent that the County expressly assumes the risk of loss, the County shall
exclude from the amounts payable to the Contractor the fair value, as determined by the
agency /department, of property that is destroyed, lost, stolen, or damaged so as to
become undeliverable to the County.
The Contractor shall use generally accepted accounting principles and sound business practices in
determining all costs claimed, agreed to, or determined under this clause. Such costs shall be
591884 Page 5 of 75
County of Orange, OC Public Works
A.rhRritt. Inc.
Contract MA- 080 - 11010203
allocable to the terminated Contract or portion thereof, allowable under applicable laws, regulations,
generally accepted accounting principles and good business judgment and objectively reasonable.
The Contractor shall have the right to appeal, under the County's protest procedure, any
determination made by the County, except that if the Contractor failed to submit the termination
settlement proposal within the time provided and failed to request a time extension, there is no right
of appeal.
In arriving at the amount due the Contractor under this clause, there shall be deducted:
1. All payment to the Contractor under the terminated portion of this Contract;
2. Any claim which the County has against the Contractor under this or any other contract;
and
3. The agreed price for or proceeds of sale of materials, supplies, or other things acquired by
the Contractor or sold under the provisions of this clause and not recovered by or credited
to the County.
If the termination is partial, the Contractor may file a proposal with the County's Project Manager for
an equitable adjustment of the price(s) of the continued portion of the Contract. The County's Project
Manager shall make any equitable adjustment agreed upon. Any proposal by the Contractor for an
equitable adjustment under this clause shall he requested within 30 days from the effective date of
termination unless extended in writing by the County's Project Manager.
The County may:
Under the terms and conditions it prescribes, make partial payment and payments against
costs incurred by the Contractor for their terminated portion of the Contract, if the
County believes that the total of these payments will not exceed the amount to which the
Contactor will be entitled; and
2. If the total payments exceed the amount finally determined to be due, the Contractor shall
repay the excess to the County upon demand.
In determining the amount payable to the Contractor and notwithstanding any other provision, if it
appears that the Contractor would have sustained a loss on the entire Contract had it been completed,
the County shall allow no profit and shall reduce the settlement to reflect the indicated rate of loss.
Unless otherwise provided in this Contract or by statute, the Contractor shall maintain all records and
documents relating to the terminated portion of this Contract for three (3) years after final settlement.
This includes all books and other evidence bearing on the Contractor's costs and expenses under this
Contract. The Contractor shall make these records and documents available to the County, at the
Contractor's office, at all reasonable times, without any direct charge. If approved by the County,
photographs, microphotographs, electronic storage, or other authentic reproductions may be
maintained instead of original records and documents.
15. Orderly Termination: Upon termination or other expiration of this Contract, each Party shall
promptly return to the other Party all papers, materials, and other properties of the other held by each
for purposes of execution of the Contract. In addition, each Party will assist the other Party in orderly
termination of this Contract and the transfer of all aspects, tangible and intangible, as may be
necessary for the orderly, non - disruptive business continuation of each Party.
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County of Orange, OC Public Works Contract MA- 080 - 11010203
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16. Errors and Omissions: All reports, files and other documents prepared and submitted by Contractor
shall be complete and shall be carefully checked by the professional(s) identified by Contractor as
Project Manager and key personnel attached hereto, prior to submission to the County. Contractor
agrees that County review is discretionary and Contractor shall not assume that the County will
discover errors and /or omissions. If the County discovers any errors or omissions prior to approving
Contractor's reports, Cites and other written documents, the reports, files or documents will be
returned to Contractor for correction. Should the County or others discover errors or omissions in the
reports, tiles or other written documents submitted by Contractor after participating County approval
thereof, County approval of Contractor's reports, files or documents shall not be used as a defense by
Contractor in any action between the County and Contractor, and the reports, tiles or documents will
be returned to Contractor for correction.
17. Publication: No copies of sketches, schedules, written documents, computer based data,
photographs, maps or graphs, including graphic art work, resulting from performance or prepared in
connection with this Contract, are to be released by Contractor and /or anyone acting under the
supervision of Contractor to any person, partnership, company, corporation, or agency, without prior
written approval by the County, except as necessary for the performance of the services of this
Contract. All press contacts, including graphic display information to be published in newspapers,
magazines, etc., are to be administered only after County approval.
18. News /Information Release: The Contractor agrees that it will not issue any news releases or make
any contact with the media in connection with either the award of this Contract or any subsequent
amendment of, or effort under this Contract. Contractors must first obtain review and approval of said
media contact from the County through the County's Project Manager. Any requests for interviews or
information received by the media should be referred directly to the County. Contractors are not
authorized to serve as a media spokespersons for County projects without first obtaining pernission
from the County Project Manager.
19. Conditions Affecting Work: The Contractor shall be responsible for taking all steps reasonably
necessary to ascertain the nature and location of the work to be performed under this Contract, and to
know the general conditions which can affect the work or the cost thereof. Any failure by the
Contractor to do so will not relieve Contractor from responsibility for successfully performing the
work without additional cost to the participating County. The County assumes no responsibility for
any understanding or representations concerning the nature, location(s) or general conditions made by
any of its officers or agents prior to the execution of this Contract, unless such understanding or
representations by the County are expressly stated in the Contract.
20. Child Support Enforcement Requirements: Contractor is required to comply with the child
support enforcement requirements of the County. Failure of the Contractor to comply with all federal,
state, and local reporting requirements for child support enforcement or to comply with all lawfully
served Wage and Earnings Assignment Orders and Notices of Assignment shall constitute a material
breach of the Contract. Failure to cure such breach within 60 calendar days of notice from the County
shall constitute grounds for termination of the Contract.
21. Notices: Any and all notices, requests demands and other communications contemplated, called for,
permitted, or required to be given hereunder shall be in writing, except through the course of the
Parties' Project Managers routine exchange of information and cooperation during the terms of the
work and services. Any written communications shall be deemed to have been duly given upon actual
in- person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no
greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt
requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day.
All communications shall be addressed to the appropriate Party at the address stated herein or such
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County oj'Orange, OC Public Works Contract MA- 080 - 11010203
AsbBritt, Inc.
other address as the Parties hereto may designate by written notice from time to time in the manner
aforesaid.
County: Polin Modanlou, Project Manager
OC Public Works/Directors Office
300 N. Flower Street, 80' Floor
Santa Ana, CA 92703 -5000
Ph: 714.667.3211
Email: Polin.Modanlou @ocpw.ocgov.com
cc: OC Public Works/Purchasing and Contract Services
Attn: Kathleen Kasten
300 N. Flower Street, 8'h Floor
Santa Ana, CA 92703 -5000
Ph: 714.834.3937
Email: Kathlecn.Kasten @ocpw . ocgov.com
Contractor: Rob Ray, Project Manager
AshBritt, Inc.
480 South Andrews Avenue, Suite 103
Pompano Beach, FL 33069
Ph: 954.545.3535
Email: n'ay @ashbritt.com
22. Governing Law and Venue: This Contract has been negotiated and executed in the state of
California and shall be governed by and construed under the laws of the state of California. In the
event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a
court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to
and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure
Section 394. Furthermore, the Parties specifically agree to waive any and all rights to request that an
action be transferred for trial to another county.
23. Entire Contract: This Contract, including Attachments A, B, C, and D which are attached hereto and
incorporated herein by this reference, when accepted by the Contractor either in writing or by the
shipment of any article or other commencement of performance hereunder, contains the entire
Contract between the Parties with respect to the matters herein, and there are no restrictions,
promises, warranties or undertakings other than those set forth herein or referred to herein. No
exceptions, alternatives, substitutes or revisions are valid or binding on the County unless authorized
by the County in writing. Electronic acceptance of any additional terms, conditions or supplemental
contracts by any selection or delegated by the County employee or agent, including but not limited to
installers of software, shall not be valid or binding on County unless accepted in writing by County's
Deputy Purchasing Agent.
24. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in
writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall be
binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or
binding on County unless authorized by County in writing.
25. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state
sales or use tax.
26. Delivery: Time of delivery of goods or services is of the essence in this Contract. The County
reserves the right to refuse any goods or services and to cancel all or any part of the goods not
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conforming to applicable specifications, drawings, samples or descriptions or services that do not
conform to the prescribed statement of work. Acceptance of any part of the order for goods shall not
bind County to accept future shipments nor deprive it of the right to return goods already accepted at
Contractor's expense. Overshipments and undershipments of goods shall be only as agreed to in
writing by the County. Delivery shall not be deemed to be complete until all goods or services have
actually been received and accepted in writing by the County.
27. Acceptance /Payment: Unless otherwise agreed to in writing by the County 1) acceptance shall not
be deemed complete unless in writing and until all the goods /services have actually been received,
inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after
services have been provided.
28. Warranty: Contractor expressly warrants that the goods /services covered by this Contract are 1) free
of liens, stop notices, or encumbrances, 2) merchantable and good for the ordinary purposes for which
they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this
order shall constitute an agreement upon Contractor's part. to indemnify, defend and hold the County
and its indemnities as identified in Article 38, below, and as more fully described in Article 38,
harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or
sustained by the County by reason of the failure of the goods /services to conform to such warranties,
faulty work performance, negligent or unlawful acts, and non - compliance with any applicable state or
federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act
( "OSHA ") and the California Industrial Safety Act. Such remedies shall be in addition to any other
remedies provided by law.
29. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in
this Contract, Contractor shall be solely responsible for clearing the right to use any patented or
copyrighted materials in the performance of this Contract. Contractor warrants that any software as
modified through services provided hereunder will not infringe upon or violate any patent, property
right, or trade secret right of any third party. Contractor agrees that, in accordance with the more
specific requirement contained in Article 37, below, it shall indemnify, defend and hold the County
and the County Indemnitecs harmless from any and all such claims and be responsible for payment of
all costs, damages, penalties and expenses related to or arising from such claim(s), including, but not
limited to, attorneys fees, costs and expenses.
30. Assignment or Subcontracting: The terms, covenants, and conditions contained herein shall apply
to and bind the heirs, successors, executors, administrators and assigns of the Parties. Furthermore,
neither the performance of this Contract nor any portion thereof may be assigned or subcontracted by
Contractor without the express written consent of the County. Any attempt by Contractor to assign or
subcontract the performance or any portion thereof of this Contract without the express written
consent of County shall be invalid and shall constitute a breach of this Contract.
In the event that the Contractor is authorized by the County to subcontract, this Contract shall prevail
and the terms of any subcontract shall incorporate by reference and not conflict with the terms of this
Contract. At the discretion of the County Project Manager, the County reserves the right to
communicate directly with the subcontractor(s) on any aspect of the Contract.
31. Non - Discrimination: In the performance of this Contract, Contractor agrees that it will comply with
the requirements of Section 1735 of the California Labor Code and not engage nor permit any
subcontractors to engage in discrimination in employment of persons because of the race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall
591884 Page 9 of 75
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subject Contractor to all the penalties imposed for a violation of anti discrimination law or regulation
including, but not limited to, Section 1720 et seq. of the California Labor Code.
32. Termination: In addition to any other remedies or rights it may have by law, the County has the
right to terminate this Contract without penalty immediately with or without cause. Exercise by the
County of its right to tenninate the Contract shall relieve the, County of all further obligations under
this Contract.
33. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and
no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed
to have waived or consented. Any consent by any Party to, or waiver of, a breach by the other,
whether express or implied, shall not constitute consent to, waiver of or excuse for any other
different or subsequent breach.
34. Remedies Not Exclusive: The remedies for breach set forth in this Contract are cumulative as to one
another and as.to any other provided by law, rather than exclusive; and the expression of certain
remedies in this Contract does not preclude resort by either Party to any other remedies provided by
law.
35. Independent Contractor: Contractor shall be considered an independent contractor and neither
Contractor, its employees, nor anyone working under Contractor, shall be considered an agent or an
employee of the County. Neither Contractor, its employees nor anyone working under Contractor
shall qualify for workers' compensation or other fiinge benefits of any kind through either the
participating County.
36. Performance: Contractor shall perform all work under this Contract, taking necessary steps and
precautions to perform the work to the County's satisfaction. Contractor shall be responsible for the
professional quality, technical assurance, timely completion and coordination of all documentation
and other goods /services furnished by the Contractor under this Contract. Contractor shall perform
all work diligently, carefully, and in a good and workman -like manner; shall furnish all labor,
supervision, machinery, equipment, materials, and supplies necessary therefore; shall at its sole
expense, coordinate with the County to obtain and maintain all permits and licenses required by
public authorities, including those of the County required in its governmental capacity, in connection
with performance of the work; and, if permitted to subcontract, shall be fully responsible for all work
performed by subcontractors.
37. Indemnification and Insurance:
Indemnification Provisions: Contactor agrees to indemnify, defend with counsel approved in
writing by the County, and hold the County its elected and appointed officials, officers, employees,
agents and those special districts and agencies which the County's Board of Supervisors acts as the
governing Board ("County Indemnitees ") harmless from any claims, demands or liability of any kind
or nature, including, but not limited to, personal injury or property damage, arising from or related to
the services, products or other performance provided by Contactor pursuant to this Contract. If
judgment is entered against Contactor and the County by a court of competent jurisdiction because of
the concurrent active negligence of the County or the County Indemnitees, Contactor and the County
agree that liability will be apportioned as determined by the court. Neither party shall request a jury
apportionment.
Insurance Provisions: Prior to the provisions of services under this Contract, the Contractor agrees
to purchase all required insurance at Contractor's expense and to deposit with the County Certificates
of Insurance, including all endorsements required herein, necessary to satisfy the County that the
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Counry of Orange, OC Public Works
AshHriu, Inc.
Contract MA- 080 - 11010203
insurance provisions of this Contract have been complied with and to keep such insurance coverage
and the certificates therefore on deposit with the County during the entire term of this Contract. In
addition, all subcontractors performing work on behalf of Contractor pursuant to this Contract shall
obtain insurance subject to the same terms and conditions as set forth herein for Contractor except
Professional Liability insurance is not required and the County's minimum insurance limits shall
apply as indicated in the Subcontractor's section.
All insurance policies required by this Contract shall declare any deductible or self - insured retention
(SIR) in an amount in excess of $25,000 ($5,000 for automobile liability), which shall specifically be
approved by the County Executive Office (CEO) /Office of Risk Management. Contractor shall be
responsible for reimbursement of any deductible to the insurer. Any self - insured retentions (SIRs) or
deductibles shall be clearly stated on the Certificate of Insurance.
If the Contractor fails to maintain insurance acceptable to the County for the full term of this
Contract, the County may terminate this Contract.
Qualified Insurer: The policy or policies of insurance must be issued by an insurer licensed to do
business in the state of California (California Admitted Carrier). If the carrier is a non - admitted
carrier in the state of California, CEO /Office of Risk Management retains the right to approve or
reject carrier after a review of the company's performance and financial ratings.
Minimum insurance company ratings as determined by the most current edition of the Best's Key
Rating Guide/Property- Casualty /United States or ambest.com shall be A- (Secure Best's Rating)
and VIII (Financial Size Category).
This policy or policies of insurance maintained by the Contractor shall provide the minimum limits
and coverage as set forth below:
Coverage
Contractor Minimum Limits
Commercial General Liability with broad
form property damage and contractual
liability
Commercial General Liability with broad
$5,000,000 combined single limit
per
form property damage and contractual
occurrence $5,000,000 aggregate
Employers' Liability Insurance
liability_
Automobile Liability including coverage
$1,000,000 combined single limit
per
for owned, non -owned and hired vehicles
occurrence
Workers' Compensation
Statutory
Employers' Liabilit Insurance
$1,000,000 per occurrence
Environmental /Pollution Insurance
$5,000,000 per claims made or
per
occurrence
Professional Liability Insurance
$5,000,000 per claims made or
per
occurrence
Coverage
SubContractor Minimum Limits
Commercial General Liability with broad
form property damage and contractual
liability
$1,000,000 combined single limit per
occurrence $2,000,000 aggregate
Automobile Liability including coverage
for owned, non -owned and hired vehicles
$1,000,000 combined single limit per
occurrence
Workers' Compensation
Statutory
Employers' Liability Insurance
$1,000,000 per occurrence
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Contract Mil- 080 - 11010203
The Contractor is required to obtain a Performance Bond in the amount of $500,000 prior to
execution of the Contract. The Contractor may also be required to obtain a Labor and Materials Bond,
a Financial Institution Bond (crime coverage), Financial Institution Errors & Omissions coverage,
Financial Guarantee Wrap or equivalent coverages depending on how the Program is delineated. If
required, the amount of these items will be commensurate with the determined exposures.
The County of Orange shall be added as an additional insured on all insurance policies required by
this Contract with respect to work done by the Contractor under the terms of this Contract (except
Worker's Compensation /Employers' Liability and Professional Liability). An additional insured
endorsement evidencing that County of Orange is an additional insured shall accompany the
Certificate of Insurance.
All insurance policies required by this Contract shall be primary insurance, and any insurance
maintained by the County of Orange shall be excess and non - contributing with insurance provided by
these policies. An endorsement evidencing that the Contractor's insurance is primary and non-
contributing shall specifically accompany the Certificate of Insurance for the Commercial General
Liability.
All insurance policies required by this Contract shall give the County of Orange 30 days notice in the
event of cancellation. This shall be evidenced by an endorsement separate from the Certificate of
Insurance. In addition, the cancellation clause must include language as follows, which edits the pre-
printed ACORD certificate.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY
WILL ;s,MFII ^VQ TO MAIL 30 DAYS WRrrl'EN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT. OUT TO MAIL
.A-NV KIND I-Wolsl T14P COMP.6,4V, PI'S AGENT OR REPRESENTATIN -
All insurance policies required by this Contract shall waive all rights to subrogation against the
County of Orange and members of the Board of Supervisors, its elected and appointed officials,
officers, agents and employees when acting in the scope of their appointment or employment. If
Contractor's Professional Liability policy is a "claims made" policy, Contractor shall agree to
maintain professional liability coverage for two years following completion of Contract. The
Commercial General Liability policy shall contain a severability of interests clause.
The Contractor is aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for Workers' Compensation or be self - insured
in accordance with the provisions of that code. The Contractor will comply with such provisions and
shall furnish the County satisfactory evidence that the Contractor has secured, for the period of this
Contract, statutory Workers' Compensation insurance and Employers' Liability insurance with
minimum limits of $1,000,000 per occurrence.
Insurance certificates should be forwarded to the agency /department address listed on the solicitation.
If the Contractor fails to provide the insurance certificates and endorsements within seven days of
notification by CEO/Purchasing or the agency /department purchasing division, award my be made to
the next qualified vendor.
The County expressly retains the right to require Contractor to increase or decrease insurance of any
of the above insurance types throughout the term of this Contract. Any increase or decrease in
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insurance will be as deemed by the Orange County Risk Manager as appropriate to adequately protect
County.
The County shall notify Contractor in writing of changes in the insurance requirements. If Contractor
does not deposit copies of acceptable certificates of insurance and endorsements with the County
incorporating such changes within thirty days of receipt of such notice, this Contract may be in breach
without further notice to Contractor, and the County shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be construed to limit
Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this
Contract.
38. Bills and Liens: Contractor shall pay promptly all indebtedness for labor, materials and equipment
used in performance of the work. Contractor shall not permit any lien, stop notice, or charge to attach
to the work or the premises, but if any does so attach, Contractor shall promptly procure its release
and, in accordance with the requirements of Article 37, above, indemnify, defend, and hold the
County harmless and be responsible for payment of all costs, damages, penalties and expenses related
to or arising from or related thereto.
39. Changes: Contractor shall make no changes in the work or perform any additional work without the
County's specific written approval.
40. Change of Ownership: Contractor agrees that if there is a change or transfer in ownership of
Contractor's business prior to completion of this Contract, the new owners shall be required under
ternis of sale or other transfer to assume Contractor's duties and obligations contained in this Contract
and complete them to the satisfaction of the County.
41. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory
performance penalties during any delay beyond the time named for the performance of this Contract
caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable
control, provided Contractor gives written notice of the cause of the delay to the County within 24
hours of the start of the delay and Contractor avails himself of any available remedies.
42. Confidentiality: Contractor agrees to maintain the conftdemiahty of all County and County - related
records and information pursuant to all statutory laws relating to privacy and confidentiality that
currently exist or exist at any time during the term of this Contract. All such records and information
shall be considered confidential and kept confidential by Contractor and Contractor's staff, agents and
employees.
43. Compliance with Laws: Contractor represents and warrants that services to be provided under this
Contract shall fully comply, at Contractor's expense, with all standards, laws, statutes, restrictions,
ordinances, requirements, and regulations (collectively "laws "), including, but not limited to those
issued by the County in its governmental capacity and all other laws applicable to the services at the
time services are provided to and accepted by the County. Contractor acknowledges that the County
is relying on Contractor to ensure such compliance, and pursuant to the requirements of Article 37,
above, Contractor agrees that it shall defend, indemnify and hold the County and the County
Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a
violation of such laws.
44. Freight (F.O.B. Destination): Contractor assumes full responsibility for all transportation
scheduling, packaging, handling, insurance, and other services associated with delivery of all
products deemed necessary under this Contract.
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45. Pricing: The Contract price shall include full compensation for providing all required goods, in
accordance with required specifications, or services, as specified herein or when applicable, in the
scope of services attached to this Contract, and no additional compensation will be allowed therefore,
unless otherwise provided for in this Contract.
46. Waiver of Jury Trial: Each Party acknowledges that it is aware of and has had the opportunity to
seek advice of counsel of its choice with respect to its rights to trial by jury, and each Party, for itself
and its successors, creditors, and assigns, does hereby expressly and knowingly waive and release all
such rights to trial by jury in any action, proceeding or counterclaim brought by any Party hereto
against the other (and /or against its officers, directors, employees, agents, or subsidiary or affiliated
entities) on or with regard to any matters whatsoever arising out of or in any way connected with this
Contract and/or any other claim of injury or damage.
47. Terms and Conditions: Contractor acknowledges that it has read and agrees to all terms and
conditions included in this Contract.
48. headings: The various headings and numbers herein, the grouping of provisions of this Contract into
separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only
and shall not limit. or otherwise affect the meaning hereof.
49. Severability: If any tens, covenant, condition or provision of this Contract is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof
shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
50. Calendar Days' Any reference to the word "day" or "days" herein mean calendar day or calendar
days, respectively, unless otherwise expressly provided.
51. Attorney Fees: In any action or proceeding to enforce or interpret any provisions of this Contract, or
where any provisions hereof is validly asserted as a defense, each Party shall bear its own attorney's
fees, costs and expenses.
52. Interpretation: This Contract has been negotiated at arm's length and between persons sophisticated
and knowledgeable in the matters dealt with in this Contract. In addition, each Party has been
represented by experienced and knowledgeable independent legal counsel of their own choosing or
has knowingly declined to seek such counsel despite being encouraged and given the opportunity to
do so. Each Party further acknowledges that they have not been influenced to any extent whatsoever
in executing this Contract by any other Party hereto or by any person representing them, or both.
Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that
would require interpretation of any ambiguities in this Contract against the Party that has drafted it is
not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable
manner to affect the purpose of the Parties and this Contract.
53. Authority: The Parties to this Contract represent and warrant that this Contract has been duly
authorized and executed and constitutes the legally binding obligation of their respective organization
or entity, enforceable in accordance with its terms.
54. Audits/Inspections: Contractor agrees to permit the County's Auditor - Controller or the Auditor -
Controller's authorized representative (including auditors from a private auditing firm hired by the
County) access during normal working hours to all books, accounts, records, reports, files, financial
records, supporting documentation, including payroll and accounts payable/receivable records, and
other papers or property of Contractor for the purpose of auditing or inspecting any aspect of
performance under this Contract. The inspection and /or audit will be confined to those matters
591884 Page 14 of 75
County of Orange, OC Public Works Contract MA-080-11010203
AshRritt, Inc.
connected with the performance of the Contract including, but not limited lo, the costs of
administering the Contract. The County will provide reasonable notice of such an audit or inspection.
The County reserves the right to audit and verify the Contractor's records before final payment is
made. Contractor agrees to maintain such records for possible audit for a minimum of three years
after final payment, unless a longer period of records retention is stipulated under this Contract or by
law. Contractor agrees to allow interviews of any employees or others who might reasonably have
information related to such records. Further, Contractor agrees to include a similar right to the County
to audit records and interview staff of any subcontractor related to performance of this Contract.
Should the Contractor cease to exist as a legal entity, the Contractor's records pertaining to this
Contract shall be forwarded to the surviving entity in a merger or acquisition or, in the event of
liquidation, to the County's debris manager.
55. Employee Eligibility Verification: The Contractor warrants that it fully complies with all Federal
and State statutes and regulations regarding the employment of aliens and others and that all its
employees performing work.under this Contract meet the citizenship or alien status requirement set
forth in Federal statues and regulations. The Contractor shall obtain, from all employees performing
work hereunder, all verification and other documentation of employment eligibility status required by
Federal or State statutes and regulations including, but not limited to, the Immigration Reform and
Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may lie hcreafler
amended. The Contractor shall retain all such documentation for all covered employees for the period
prescribed by the law. The Contractor shall indemnify, defend with counsel approved in writing by
the County, and hold harmless, the County, its agents, officers, and employees from employer
sanctions and any other liability which may be assessed against the Contractor or the County or both
in connection with any alleged violation of any Federal or State statutes or regulations pertaining to
the eligibility for employment of any persons performing work under this Contract.
56. Usage: No guarantee is given by the County to the Contractor regarding usage of this Contract. The
Contractor agrees to supply services and/or commodities requested, as needed by the County of
Orange, at prices listed in the Contract, regardless of quantity requested.
57. Hazardous Conditions: Whenever the Contractor's operations create a condition hazardous to
traffic or to the public, the Contractor shall provide flagmen and furnish, erect and maintain control
devices as are necessary to prevent accidents or damage or injury to the public at Contractor's
expense and without cost to the County. The Contractor shall comply with County directives
regarding potential hazards. Emergency lights and traffic cones must also be readily available at all
times and must be used in any hazardous condition. Emergency traffic cones must be placed in front
of and behind vehicles to warn oncoming traffic. Signs, lights, flags, and other warning and safety
devices shall conform to the requirements set forth in Chapter 5 of the current traffic manual, Traffic
Control for Construction and Maintenance Work Zones, published by the state of California
Department of Transportation. Contractor shall provide, install, and maintain all warning devices (i.e.,
barricades, cones, flashing lights, etc.) required to adequately protect the public, County staff and
other workers during the performance of this Contract.
58. Health and Safety Provisions: Caution shall be exercised at all times for the protection of persons,
including employees, and property. The safety provisions of applicable laws and building and
construction codes shall be observed. Work, materials, and equipment used, shall comply with the
Occupational Safety & Health Administration (OSHA) requirements, and federal and state safety
orders. The Contractor shall have (at the work site) copies of, or suitable extracts of "General
Industry Safety Orders" issued by the California State Division of Industrial Safety. The Contractor
shall comply with the provisions of these and all other applicable laws, ordinances, and regulations.
591884 Page 15 of 75
County of Orange, OC Public Works Contract MA-080-1101020.7
AshBriu, Inc.
IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the dates shown below their
respective signatures below.
A.SHRRITT, INC.*��
a Florida corpora{t
B Y �� r� BY
�
Print I,, f Print
�� u
Nameg1 _ Name
Title kk'1 C Title
Corporate Offider
Date (�i 1 b Date
COUNTY OF ORANGE
a political subdivision of the State of iforma
By
Print T
Name
Title A 6L- 40002i- t160 —, SVCS
Date 23 Zo 1 D
Corporate Officer
1�a��lD
Art+novED kc TO FOFNI
OFFICE r)f tHE COUNTY F�
B G
ewn
Date:
* If the contracting party is a corporation, (2) two signatures are required: one (1) signature by the
Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any
Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person
alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two
categories described above. For County purposes, proof of such dual office holding will be satisfied by
having the individual sign the instrument twice, each time indicating his or her office that qualifies under
the above described provision. In the alternative, a single corporate signature is acceptable when
accompanied by a corporate resolution demonstrating the legal authority of the signatory to bind the
corporation.
591884 Page 16 of 76
County of Orange, OC Public Works Contract MA- 080 - 11010203
Ash Britt, Inc. AttachmentA
Scope of Work
A'I-rACHNIEN'r A
SCOPE OF WORK
DISASTF,R- RELATED DEBRIS MANAGEMENT AND RECOVERY SERVICES
Background
The recent Silverado/Modjeska Canyons and Freeway Complex Fires created a need for collaboration
amongst the County of Orange and Orange County cities to take proactive measures in disaster response
and recovery service. The County, in collaboration with Orange County cities, is considering
development of a multi jurisdictional disaster - related debris management plan for disaster response and
recovery service. The disaster - related debris management plan will support the current mutual aid
agreement commitments between the County and Orange County cities.
The County's disaster - related debris management plan addresses the collection, processing and disposal
of the volumes and variety of debris expected to be generated by a major disaster such as an earthquake,
major wildfire, storm or any other natural and /or man -made disaster. The purpose of the County's
disaster - related debris management plan is to ensure timely, coordinated recovery operations, including
removal of debris from public property and rights -of -way throughout the County unincorporated areas
and collaborating cities using a combination of County, cities and contractor forces.
The County's objective is to retain contractual resources (Contractor) but County reserves the right to use
the County's and participating cities' forces and equipment. The Contractor must have the capacity to
manage a major workforce and to cover the expenses associated with a major recovery operation prior to
initial payment and between subsequent payments, as well to provide all necessary bonds and insurance.
The Contactor must have an established management team, and an established network of resources to
provide the necessary equipment and personnel. The Contractor must adhere to all federal, state and local
laws, codes and ordinances, and assist the County with recovering Contract expenses through the Federal
Emergency Management Agency (FEMA) claim reimbursement process.
This Contract for the County's disaster - related debris management will be a usage Contract that will be
utilized only in the face of an emergency. No compensation will accrue to the Contractor unless and until
the Contract is utilized by the County either in anticipation of a natural disaster or after such a disaster.
2. General Requirements
The purpose of this Contract is to provide disaster- related debris management services for the County of
Orange, California, for the collection, processing and disposal of debris resulting from natural or man-
made disaster events including but not limited to earthquakes, fires and floods. This Contract may be
activated for County, State and Federally declared disaster events. The Scope of Work includes the
following:
• Debris clearance operations as directed by the County's Debris Management Coordinator.
• Obtaining all necessary local, state and federal permits.
• The collection and removal of debris from public rights -of -way, streets, roads, flood control
facilities, ditches and other public properties.
• The processing of debris including but not limited to screening, sorting, grinding, mulching, and
recycling in accordance with all federal, state and local environmental protection agencies and
health departments.
• The disposal of debris.
• The establishment and operations of temporary debris storage and reduction (TDSR) sites.
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AABrltt, Inc. AnachmentA
Scope of Work
• The collection and disposal of yard waste, white goods, e- waste, small motorized equipment,
hazardous waste, tires, animal carcasses, propane tanks, petroleum products, and other special
waste.
• "fhe restoration of TDSR sites.
• Performing debris by- product recycling programs.
Hauling non - recycled debris and debris reduction by- products to an authorized disposal facility.
• Providing traffic control during debris loading operations on public rights -of -way.
• The provision of community relations support during all phases of disaster recovery work as
directed by the County's Debris Management Coordinator.
Other disaster response and recovery work may be added, such as screening sand for beach
replenishment, and any requirements or rates not covered by this proposal will be negotiated.
The Contractor shall furnish all necessary personnel, material, equipment, labor, supervision, facilities,
and shall provide all services necessary for, or incidental to, the performance of all work as defined in the
Scope of Work. The Contractor will supervise and direct all work, workers and equipment. The
Contractor is solely responsible for the means, methods, techniques, sequences, and safety procedures
used.
The Contractor must be duly licensed to perform the work in accordance with all federal, state and local
requirements. The Contractor shall coordinate with the County to obtain all permits necessary to complete
the work. The Contractor shall be responsible for and in compliance with any additional permits
necessary to perform under the Contract, but at minimum must hold a California Class A General
Engineering Contractor license with (or a list of subcontractors with) an ASB (Asbestos) Certification
and /or a HA7 (Hazardous Substance Removal) Certification. Copies of all permits and licenses shall be
submitted to the County as soon as available.
As this is a usage contract, the quantity of work required is not known at this time. Payment will be made
at the negotiated contracted rates specified in Attachment B. The output will be verified by the County in
the daily operational report. All rates are to include all related costs, inclusive of the cost of personal
protective clothing (to include hardhats, gloves, eye protection and steel -toed boots), fringe benefits, hand
tools, supervision, transportation, traffic control and any other costs.
3. Debris Management
This Contract for debris collection, processing and disposal will be on a usage basis for the purpose of
having Contractor immediately available and committed to assisting the County in the aftermath of a
major disaster. Contractor under this Contract will serve as a general contractor for the purpose of debris
collection, processing and disposal operations, and will be able to use its own subcontractor resources to
meet the obhgations,of this Contract.
The Contractor shall disclose present and future debris management contractual obligations throughout
the term of this Contract and shall provide reasonable assurance to the County that such obligations will
not preclude the Contractor potentially performing the required work and meeting its obligation under the
Contract. Such disclosure shall be provided to the County in the proposal.
The Contractor shall, to the extent practical, give priority to utilizing resources in the County of Orange
and the surrounding areas, including but not limited to procuring supplies and equipment, awarding sub-
contracts, and employing workers. The Contractor shall identify sub - contractors it intends to use on this
Contract and their intended Scope of Work. The Contractor shall furnish copies of Letter of Intent with
local sub - contractors with the proposal.
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County of Orange, OC Public Works Contract MA-080-11010203
A.sh Britt, Gic. Aaarluuent A
Scope of Work
3a. Mobilization
Mobilization shall consist of all preparatory work and operations, including those necessary for
movement of personnel, equipment, supplies and incidentals to and from the project sites, installing and
maintaining temporary roads and drainage structures needed to access the project sites, the costs of bonds,
required insurance and all other pre and post construction expenses necessary to perform this work. It
shall be duly noted that such expenses are the sole responsibility of the Contractor.
When a major disaster occurs or is imminent, the County will contact the Contractor to advise it of the
County's intent to request services. The Contractor will employ and maintain a qualified and accessible
Operations Manager who shall have the fall authority to act on behalf of the Contractor. All
communications given to the supervisor in writing by the County shall be binding. The Contractor shall
report to the County Project Manager within 24 hours of the Notice to Proceed for each work order
directive issued.
The Contractor shall assign and provide an Operations Manager to the County's Debris Management
Center to serve as the principal liaison between the County's Debris Management Coordinator and the
Contractor's forces. The assigned Operations Manager must be knowledgeable of all facts of the
Contractor's operations and have authority in writing to commit the Contractor. The Operations Manager
shall be on call 24 hours per day, seven days per week and shall have electronic linkage capability for
transmitting and receiving relevant contractual information and make arrangements for on site
accommodations. This linkage shall provide immediate contact via cell phone, fax machine, and have
Internet capabilities. The Operations Manager will participate in daily meetings and disaster exercises,
functioning as a source to provide essential element information. The Operations Manager will report to
the County's Debris Management. Coordinator. This position will not require a constant presence on -site;
however, the Operations Manager will be required to be physically capable of responding to the County's
Debris Management Coordinator within one hour of notification.
The County, at its sole discretion, will issue task orders to the Contractor. All factors will be considered
in determining which tasks will be assigned to Contractor. Debris removal will generally be limited to
debris in, upon, or brought to the public streets and roads, rights -of -way, municipal properties and
facilities, and other public sites. The Contractor will be responsible for determining the method and
manner of debris collection, processing and lawful disposal operations, consistent with the Scope of
Work. The Contractor will be responsible for the lawful disposal of all debris and debris- reduction by-
products generated at all temporary debris staging and reduction (TDSR) sites.
3b. Classification of Debris:
Debris shall be classified as follows:
Vegetative Debris: Vegetative debris includes but is not limited to damaged and disturbed trees;
broken, partially broken and severed tree limbs; tree stumps; tree trunks; bushes and shrubs;
brush; and other leafy material.
Construction and Demolition (C &D) Debris: C &D debris includes but is not limited to lumber,
metal products, sheet rock, non - asbestos roofing and concrete.
Non C &D Debris: Non C &D debris includes but is not limited to asbestos roofing, carpeting,
plastic, glass, rubber products, cloth items and treated wood building materials.
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County of Orange, OC Public Works Contract MA- 080 - 11010203
As'hllritt, /tie. AtrackmentA
Scape of Work
White Goods: White Goods are large household appliances such as refrigerators, freezers, air
conditioners, stoves, ovens, washing machines, dryers, water heaters, etc. The Contractor should
expect to encounter white goods, such as household appliances. The Contractor shall collect all
white goods from public rights -of -way and shall dispose of white goods in accordance with
applicable federal, state and local laws. Any white goods that may contain Freon, such as
refrigerators, freezers or air conditioners, shall have the Freon removed by the Contractor in
accordance with applicable regulatory requirements. No additional payment will be made for the
handling of white goods, as this cost shall be included in the cost price for white goods removal
and disposal.
Household Hazardous Waste (HHW): HHW is waste with properties that make it potentially
harmful to human health or the environment such as but not limited to paint products, pesticides,
fertilizers, and other debris requiring special removal, handling and disposal processing, and
known or suspected hazardous material such as asbestos, lead -based paint, and electrical
transformers. Coordination of hazardous debris removal is the responsibility of the County.
Known or suspected HHW that mistakenly enters the waste stream shall be placed in an
appropriate storage area for proper disposal.
Soil, Mud and Sand: Earthquakes, floods and storm surges often deposit soil, mud, and sand on
improved public property and public rights -of way. Facilities commonly impacted by this type of
debris may include streets, sidewalks, drainage facilities, culverts and pipes. The Contractor shall
remove storm deposited soil, mud and sand debris from public property and rights -of -way as
directed by the County.
Dead Animals: The Contractor shall collect, remove, transport and dispose of dead livestock,
fowl, large animals, and domestic pets from public rights -of -way and other public properties, as
identified by the County, in accordance with health and regulatory requirements.
Ash: When handling ash, the Contractor will be required to "wet down" the ash to prevent dust
problems.
Chips and Mule h: Chips and mulch are the end products of chipping and grinding clean woody
debris. Proper disposal of chips and mulch (non - landfill disposal) is an environmentally sound
use of the material.
Other Debris: Other debris includes but is not limited to tires, small motorized equipment,
electronic waste, propane tanks, and petroleum products.
Residents will be advised to separate all waste and debris, to the extent practicable, into the above
categories. Failure by the residents to perform this separation does not relieve the Contractor of its
curbside separation responsibilities, to the extent practicable.
4. Debris Collection and Removal Services
The Contractor shall provide for the removal of debris from various areas within the County of Orange as
designated by the County's Debris Management Coordinator. Debris removal shall be limited to County
streets, roads and other rights -of -way, all County of Orange municipal property, and other municipal
facilities and sites as directed, and may include property debris from private residences that is brought to
the edge of the rights -of -way by residents. The Contractor is responsible for determining the method and
manner of all debris removal.
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County of Orange., OC Public Works Contract MA -080- 11010203
AshBrltt, Inc. AnuchmenlA
Scope of Work
The Contractor shall be responsible for properly and adequately securing debris on each piece of
equipment utilized to haul debris. Prior to leaving the loading site, the Contractor shall ensure that each
load is secure and trimmed so that no debris extends horizontally beyond the bed of the equipment in any
direction. All loose debris shall be compacted during loading and secured during transport. Traps or other
coverings shall be provided by the Contractor to prevent reduction by- products and other materials from
being blown from the bed during hauls to disposal landfills.
The general concept of disaster - related debris removal operations includes multiple scheduled passes of
each site, location or rights -of way as directed by the County. It is the intent that the Contractor will
make as many passes as the County may direct to complete the removal and lawful disposal of all disaster
generated debris. The debris shall be hauled to the TDSR sites or disposal sites as directed by the County.
All activities associated with the collection and loading of eligible debris shall be performed during
working hours, seven (7) days a week, including holidays, unless otherwise directed by the County.
The Contractor shall mitigate the impact of its operation on local traffic to the fullest extent practical.
The Contractor is responsible for establishing and maintaining appropriate traffic controls in all work
areas. The Contractor shall provide sufficient signing, flagging, and barricading to ensure the safety of
vehicular and pedestrian traffic in all work areas. All work shall be performed in conformance with all
federal, state and local laws, regulations and ordinances governing personnel, equipment and workplace.
'fire Contractor shall provide all labor and materials necessary to operate and maintain all equipment
under this Contract. The Contractor shall provide sufficient management, administration, supervision and
safety quality controls to assure the safety, quality, completeness, and timely progress of the work. The
Contractor shall provide its own personnel to provide the above functions and not the personnel of its sub-
contractors. The Prime Contractor must utilize applicable prevailing wage rates and will all tiers of
subcontracting entities below its company. The Contractor shall not move from one designated work area
to another designated work area without prior approval and release from the County's Debris
Management Coordinator. The Contractor shall remove all dirt, mud and debris from the roadways
resulting from its operations. The Contractor shall notify the Debris Management Coordinator's office by
2 p.m. each day of the number of crews that will be working the following day, as well as a preliminary 7-
day schedule for the purpose of scheduling County personnel assigned to the Contractor's crews.
4a. Debris Removal from Public Rights -of- -Way
The Contractor shall pick -up, remove from public rights -of -way, and haul all eligible debris to the TDSR
sites or disposal sites as directed by the County.
At the time of collection, the Contractor shall segregate debris at the curb, to the maximum extent
possible; according to the categories specified under Classifications of Debris (see 3b.) Unless otherwise
directed by the County, mixed loads (vegetation mixed with C &D, for example) are prohibited.
Vegetation or C &D mixed with minimal quantities of another type of debris will be classified by the
predominant type of debris.
Clean, woody debris and other natural material that can be chipped, mulched, and disposed of in some
other similar manner shall be handled separately from other debris. The Contractor, with the approval of
the County, shall determine the method of vegetative debris reduction. Unless otherwise directed by the
County, mixed loads are prohibited. The Contractor shall segregate debris at the curb, when necessary.
The Contractor should expect to encounter white goods, such as household appliances. The Contractor
shall pick up and remove all white goods from public rights -of way and shall dispose of white goods in
591884 Page 21 of 75
County of Orange, OC Public Works Contract MA -080- 11010203
A.rhBrltt, Inc. AttachinentA
Scope of Work
accordance with applicable federal, state and local laws. Any white goods that may contain Freon, such
as refrigerators, freezers or air conditioners, shall have the Freon removed by the Contractor in
accordance with applicable regulatory requirements. No additional payment will be made for handling of
white goods, as this cost shall be included in the cost price for white goods removal and disposal.
4b. Removal of Obstructions from Drainage Canals and Roadside Ditches
The Contractor shall be responsible for the removal of obstructions from the County's natural drainage
courses, flood control facilities and channels, rights -of -way and roadside ditches. These obstructions
include but are not limited to tree limbs, tree trunks, stumps, C &D, Non C &D, and soil, mud and sand.
Long reach equipment may be required to remove debris from the drainage channels. Care should be
taken so as not to damage the infrastructure of the channels or ditches.
4e. Removal of Hazardous Trees and Hanging Limbs from County Rights -of Way and Public
Properties
If directed by the County's Debris Management Coordinator, the Contractor shall remove hazardous trees
six (6) inches in diameter and /or hanging limbs two (2) inches or greater. The Contractor is cautioned
that ingress and egress is the sole responsibility of the Contractor and many sites may be accessible for
climbers only and removal of tree debris may be possible by manual labor only. All hazardous trees to be
removed shall be curt flush at the lowest possible height above the ground. All measurements of flush cuts
arc subject to inspection and approval by the County. Payment shall be per size of the tree. The line item
costs are all inclusive and shall compensate the Contractor for the cost to flush out, remove, load,
transport and dispose of the hazardous trees.
Tree stumps with base cut measurements equal to or less than twenty -four (24) inches in diameter will be
disposed of with the same methods used for other vegetative debris. Stumps larger than twenty -four (24)
inches in diameter will be disposed of by splitting, chipping or grinding. The method of reduction and
disposal will be at the discretion of the Contractor subject to County approval. Grinding in place may
require documentation and pre- approval of regulatory authorities. Coordination of any potential grinding
will be done by the County.
4d. Hazardous Stump Removal
The Contractor is responsible for extraction of eligible partially uprooted hazardous stumps as directed by
the County. If directed by the County, the Contractor shall remove and haul partially hazardous tree
stumps. Each stump shall be inspected by the County and the Contractor and documented as to the
appropriate category of size. In addition, stumps are to be properly identified, certified and documented,
per FEMA guidance, by County or its representative. Prior to the removal of hazardous stumps, the
Contractor shall notify any required local utilities in accordance with each agency's required pre-
notification time schedule for pre - marking of utilities in the work area.
Stump holes shall be backfrlled with clean native topsoil to match the existing grade. Note that stump
holes include all cavities associated with the stump extraction. The Contractor may be required to grind
some stumps if large equipment cannot access the work area. Any damage to sidewalks, driveways,
walkways or other public or private property caused by the Contractor's removal or grinding of stumps
shall be repaired by the Contractor.
Payment for stump removal will be per size of stump, per FEMA Guidelines. The line item cost is all
inclusive and shall compensate the Contractor for the cost to extract, grind, and backfill all holes
associated with the stump extraction, as well as load, transport and dispose of stump.
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County of Orange, OC Puhlic Works Contract MA-080-11010203
AsliBritt, Inc. Atrachme to
Scope of Work
Tree stumps with base cut measurements equal to or less than twenty -four (24) inches in diameter will be
disposed of with the same methods used for other vegetative debris. Stumps larger than twenty -four (24)
inches in diameter will be disposed of by splitting, chipping or grinding. The method of reduction and
disposal will be at the discretion of the Contractor subject to County approval. Grinding in place may
require documentation and pre - approval of regulatory authorities. Coordination of any potential grinding
will be done by the County.
4c. Debris Removal from Private Property
The Contractor shall remove debris from private property under extenuating circumstances, as directed by
the County. A sample right -of -entry agreement form will be provided by the County.
4f. Load Tickets
Load tickets will be used for recording volumes of debris removal. The Contractor shall provide an
automated debris management ticketing and accounting process for debris management projects. Each
ticket will be a five -part carbon copy ticket and shall contain the following information:
• Ticket Number
• Contractor's Name
• Crew Number
• Truck Number
• Date
• Debris Removal (Pickup) Location
• Debris Removal (Pickup) Location Departure Time
• TDSR or Disposal Site Location
• TDSR or Disposal Arrival Time
• Debris Classification
• Debris Quantity
• Signed by a County representative
Debris quantity will be determined by a County representative at the TDSR and/or disposal site, and
based on the predetermined truck bed measurements. Trucks with less than full capacity will be adjusted
downward by visual inspection by the County's representative. Truck bed measurements shall not be
adjusted upward. Load tickets will be issued by the County's representative to a vehicle operator upon
completion of collection at the collection site. The County's representative will keep one copy of the
ticket and give four (4) copies to the vehicle operator for the Contractor's records and TDSR or disposal
sites.
4g. Debris Removal Equipment
All trucks and other equipment must be in compliance with all applicable federal, state and local 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 rigid tailgate that will effectively contain the debris
during transport and permit the truck to be filled to capacity (i.e. the tailgate must be able to hold a
compressed load); and measured and marked for its load capacity. All vehicles shall comply with
California regulations and licensing requirements, and with applicable local ordinances governing weight
and size for the streets that must be traveled.
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County of Orange, OC Public Works Contract MA- 080 - 11010203
AshBritt, Inc. AnachmentA
Scope of Work
Sideboards 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 it manner to withstand severe operating
conditions.
Prior to commencing debris removal operations, the Contractor shall present to the County'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 will be rounded down to the nearest half cubic yard and will be recorded and
marked on both sides of each truck or trailer on a white placard with black permanent markings. The
Contractor is responsible for supplying the placards. The placard should clearly display the Contractor's
company name. Each truck or trailer will also be numbered for identification with a permanent marking.
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 desi&tated 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.
4h. Debris Removal Reports
The Contractor shall prepare daily reports, in accordance with CaIEMA/FEMA guidelines, to detail the
progress of the debris removal services to the County. Each report shall contain, at it minimum, the
following information:
• Reporting date
• Location of work (street names and address blocks)
• Contractor's name performing work at each location
• Number of passes performed at each location
• Daily and cumulative totals of debris removed, by category
• Itemized Load Ticket Information
• Any problems encountered or anticipated
Discrepancies between the daily report and the corresponding load tickets shall be reconciled with the
Debris Management Coordinator no later than 11:00 a.m. the following work day.
4i. Damages
The Contractor shall repair all roadways, sidewalks, utilities, fences, driveways, roofs, drainage structures
and other features which are damaged by Contractor operations, including same damages to adjacent
public and private properties. This will include the re- sloping of damaged surfaces to original grade and
filling of all ruts caused by equipment and trucks. The Contractor shall respond to damage claims within
seven (7) calendar days upon receipt of the same by the homeowner or County Debris Management
Coordinator, and shall settle valid claims within thirty (30) calendar days. Jurist Prudence shall have final
authority over damage assessment and dispute resolution. The Contractor shall provide the County's
Debris Management Coordinator a weekly spreadsheet listing the name, address and telephone number of
all residents claiming damage, a summary of the claims, and a status report of the resolutions.
5. Debris Processing and Disposal
The County will identify temporary debris storage and reduction (TDSR) sites for the temporary staging
and reduction of vegetative and woody debris. The Contractor will operate the TDSR sites and only
Contractor and others specifically authorized by the County will be allowed to use the sites. The County
may also establish designated homeowner drop off sites. The Contractor will be responsible for removing
all debris from those sites daily. The Contractor shall use only TDSR sites designated by the County.
591884 Page 24 of 75
Counry of Orange, OC Public. Works Contract MA- 080 - 11010203
A.shBria, Inc. Attachment
Scope of Work
The TDSR site foreman, appointed by the Contractor, shall direct all dumping operations, and shall
coordinate removal of debris and reduction of by- products to the Comity authorized landfill locations for
subsequent disposal or to recycling processors selected by the Contractor and approved by the County.
The Contractor shall provide all management, supervision, labor, machines, tools and equipment
necessary to accept, process, and dispose of disaster related debris. The Contractor may be asked to pay
for all water and electrical services at the sites. The Contractor may be asked to provide all necessary
cormections for such services. The debris to be processed consists primarily of vegetative debris;
however, the Contractor and/or the County may choose to process other types of debris as well. The
Contractor shall be required to segregate the debris into various categories.
The Contractor shall coordinate with the County to obtain the necessary permits to perform all site
activities. The disposal cost for the processed material, all by- products and waste materials shall be the
responsibility of the Contractor.
The Contractor shall be responsible for sorting and stockpiling of debris at the site.
Household Hazardous Waste (HHW) must be handled, stored, processed and disposed of in conformance
with all applicable local, state and federal rules and regulations. The Contractor will set up a lined
containment area and separate any household hazardous waste delivered to or stored at a TDSR site.
Commercial and industrial hazardous waste such as chemicals, gas containers, transformers, and any
other form of hazardous or toxic matter will be set aside for collection and disposal by a hazardous
materials removal and disposal contractor who will be selected under a separate contract with the County.
The Contractor shall establish sufficiently impervious temporary storage areas for HHW, fuel and other
materials that may contaminate soils, runoff or groundwater. The Contractor shall establish sufficiently
impervious secondary containment under all tanks in accordance with all federal, state and local rules and
regulations. The Contractor shall establish temporary storage and processing areas for HIM that protects
the site from contamination.
Vegetative waste and wood chips shall be stockpiled in a manner that will prevent combustion, wind drift
and run -off into streets, the storm drainage system, and adjacent properties.
The Contractor is solely responsible for worker safety, including its subcontractors and suppliers, in
accordance with all federal, state and local laws and regulations.
The Contractor shall be responsible for traffic control, dust control, erosion control, fire protection, on-
site roadway maintenance and safety measures at the TDSR site. The Contractor shall direct traffic
entering and leaving the site and shall direct all loading and unloading operations at the site.
Upon completion of the debris reduction process, the Contractor shall clear the sites of all debris and
restore the sites to their original condition and to the satisfaction of the County.
All equipment must be in compliance with all applicable federal, state and local rules and regulations. All
equipment and operator qualifications must meet all federal, state and local safety and health
requirements. The Contractor, using applicable forms, will inspect equipment prior to its use. The
completed forms will be provided to the County, if requested.
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Ash Britt, Inc. Attachment
Scope of Work
Prior to commencing debris reduction and disposal operations, the Contractor shall present to the
County's representative a detailed description and operational specifications of all equipment to be used
for debris handling, sorting, processing, loading and hauling; stating brand name, model and horsepower.
Equipment which is 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 who are not a party to this Contract or
to a subordinate contract that arises out of this Contract. Under no circumstances will the Contractor mix
debris hauled or processed for others with debris hauled or processed under this Contract.
If the Contractor chooses to use chipping and/or grinding as a method of debris reduction, it is the
Contractor's responsibility to dispose of the chips or mulch in compliance with all federal, state and local
rules and regulations at no additional cost to the County. Beneficial reuse of the chips is strongly
encouraged.
5a. TDSR Site Requirements
The Contractor will provide a site operations plan for review by the County prior to beginning work. At a
minimum, the plan will address the following:
• Access to the site
• Traffic control procedures
• Site management, to include point -of- contact, organizational chart, etc.
• Site security
• Site safety
• Site layout /segregation plan
• Hazardous waste materials plan
• Environmental mitigation plan, including considerations for smoke, dust, noise, traffic, buffer
zones, storm water runoff, archeology, historic preservation, wetlands and endangered species, as
appropriate.
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 water all roads to control dust. The Contractor shall provide utility clearances and
sanitation facilities, if needed. The Contractor shall protect existing structures at the site(s) and repair any
damage caused by its operations at no additional cost to the County.
The Contractor shall be responsible for installing site security measures and maintaining security for its
operations at this site. The Contractor shall manage the site to minimize the risk of fire.
The Contractor shall provide an inspection tower at each TDSR site. If a site has separate entrances and
exits, the Contractor shall provide a tower at both the entrance and the exit. This tower shall be
constructed such that the County monitor can see the bed when empty to fully view the entirety of the
debris load (at least 10 feet above the existing ground surface) for the purpose of establishing the load
volume. The inspection tower shall be constructed to meet all local, state and federal safety requirements.
The tower shall be constructed using pressure treated wood. The floor area shall be 8 feet by 8 feet,
constructed of 2 inch by 8 inch joists, 16 inch O.C. with Y4 inch plywood supported by four 6 feet by 8
feet posts. The perimeter of the floor area shall be protected by a 4 foot high wall constructed of 2 inch
by 4 inch studs and '/2 inch plywood. The floor area shall be covered with a corrugated tin roof The roof
shall provide a minimum of 6 feet, 8 inches of head room below the support beams. Access shall be
provided by wooden steps with a hand rail. The tower shall include a writing surface area. The tower
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AshBrlft, hir.. AuachmenfA
Scope of Work
must be securely anchored to the ground. 'fire Contractor may provide a mechanical lift or suitable metal
scaffolding to be used in place of the constructed tower. Mechanical lifts are acceptable only on a
temporary basis for use while constructing inspection towers. The metal scaffolding is not recommended
due to potential threat of lightning. The Contractor shall remove and dispose of the inspection towers
following completion of the debris removal at the direction of the County Debris Management
Coordinator,
The Contractor shall provide portable restroom facilities at all TDSR sites. The portable restroom
facilities must be serviced and maintained in a clean and sanitary condition.
The Contractor shall be responsible for control of pedestrian and vehicular traffic in the work area. The
Contractor shall provide all flag persons, signs, equipment and other devices necessary to meet federal,
state 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. As a minimum, one flag person shall be
posted at each entrance to direct traffic at the site.
The Contractor is responsible for the proper disposal of all debris, residuals and waste products from the
site.
The Contractor shall receive approval from the County as to the final acceptance of a site closure
5b. Household Hazardous Waste (HIM
The Contractor may be required to construct a containment area at the TDSR sitc(s) for FIHW. This
contaimnent area shall be sufficiently impervious to contain spills.
This material shall be segregated from the remaining debris using a 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.
The Contractor will be responsible for reporting to the County and cleaning up all HHW spills caused by
the Contractor's operations at no additional cost to the County. 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 and local laws and regulations. Spills shall be reported in accordance with federal, state and
local regulations.
5c. Debris Processing and Disposal Reports
The Contractor shall prepare dally reports, in accordance with CaIEMA/FEMA guidelines, to detail the
progress of the debris reduction and disposal services to the County. Each report shall contain, at a
minimum, the following information by site and the total for all sites:
• Reporting date
• Daily and cumulative totals of debris processed, by method
• Daily and cumulative totals of debris disposed of, by location
• Daily and cumulative totals of HHW debris segregated
• Any problems encountered or anticipated
The Contractor will be required to assist the County with the preparation and submittal of Debris Site
Management Reports.
5d. Damage Claims
591884 Page 2 7 of 75
County of Orange, OC Public Works Contract MA- 080 - 11010103
Aslt Britt, lite. AuachmentA
Scope of Work
The Contractor shall submit a weekly report to the Debris Management Coordinator on an Excel
Spreadsheet summarizing the current status of all damage claims. The weekly report shall include the
name, access and phone number of the claims, a surmnary of the claim and the status or the resolution.
5e. Additional Required Equipment
The Contractor shall have available additional equipment including, but not limited to, backhoes,
bulldozers, etc, for the County's use as requested by the County.
6. Training and Pre -Event Workshops
The Contractor shall conduct amwal training and pre -event planning workshops at no cost to the County.
`topics should range from, but not be limited to, mobilization and operational considerations including:
•
Temporary debris site selection and evaluation;
• Emergency facility and route designation and priorities;
• Review of debris management plans;
• Environmental and historical structure considerations;
• Local subcontractor participation (with accompanying training workshops);
• Recovery systems training (i.e. — Debris Management System (DIMS));
• GIS assets and systems;
• Billing protocols;
• Technical assistance administration; and
• Other area - specific operational considerations and caveats.
591884 Page 28 of 75
County of Orange, OC Public Works Contract MA- 080 - 11010203
AshBrltt, Inc. Attachment R
Contractor's Pricing
ATTACHMENT B
CONTRACTOR'S PRICING
1. COMPENSATION: This is a usage Contract between the County and Contractor for Professional
Services, Disaster - Related Debris Management and Recovery Services, as provided in Attachment
A, Scope of Work. The Contractor agrees to accept the specified compensation as set forth in this
Contract as full remuneration for performing all services and furnishing all staffing and materials
required, for any reasonably unforeseen difficulties which may arise or be encountered in the
execution of the services until acceptance, for risks connected with the services, and for performance
by the Contractor of all its duties and obligations hereunder. The County shall have no obligation
to pay any sum, should the Contract never be utilized.
IL PAYMENT SCHEDULE: The County will pay the following fees in accordance with the provisions of
this Contract; partial payment may be allowed at the County Project Manager's discretion. Payment
will only be made for debris management and recovery services that CalEMA/FEMA determines
eligible, as identified in the FEMA Regulations, Public Assistance Guides and Fact Sheets. The
equipment rates listed below include the cost of experienced, licensed operators. Any deployment of
equipment or labor listed below is subject to prior approval by the County Project Manager.
a. Price Breakdown:
Emergency Disaster Assistance Recovery - Unit Fee Schedule (Schedule 1)
Item
Task Description
Unit
Measure
Price
U000
Project Management/Technical Assistance /Annual Training
N/A
$0.00
IJ000
First Response (Emergency Road Clearance, First Push)
Hourly
See Scheds
la & 2a
U001
_
Rights of Way (ROW) Vegetative Collection Rate-la
U002
0 -5 miles to debris management site
Cubic Yard
$8.00
U003
6 -10 miles to debris management site
Cubic Yard
$10.00
U004
11 -15 miles to debris management site
Cubic Yard
$10.75
U005
16 -20 miles to debris management site
Cubic Yard
$12.75
U006
21 -30 miles to debris management site
Cubic Yard
$14.75
U007
31 -60 miles to debris management site
Cubic Yard
$17.75
U008
a. Scope consists of pickup and transport of eligible vegetative debris on the Countv ROW or designated
public property to a County approved TDSRS or other designated disposal facility.
U009
Rights of Way (ROW) Construction & Demolition Collection Rate_/h
U010
0 -5 miles to debris management site
Cubic Yard
$8.50
U011
6 -10 miles to debris management site
Cubic Yard
$10.50
U012
11 -15 miles to debris management site
Cubic Yard
$12.00
U013
16 -20 miles to debris management site
Cubic Yard
$14.00
U014
21 -30 miles to debris management site
Cubic Yard
$16.00
U015
31 -60 miles to debris management site
Cubic Yard
$19.00
U016
b. Scope consists of pickup and transport of eligible C&D debris on the County ROW or designated
public property to a County approved TDSRS or other designated disposal facility.
U017
Private Property (Right of Entry) Debris Removal-le
U020
Vegetative debris cutting & removal
Cubic Yard $6.00
591884 Page 29 of 75
County of Orange, OC Public Works Contract MA- 080 - 11010203
AshBrin, Inc. AnachntentR
Contractor's Pricing
U021
Construction & Demolition (C &D) debris removal
Cubic Yard
U022
Backfill Material on private property (Compatible soil to fill created voids)
Cubic Yard
$18.00
U023
c. Prices reflect scopefor removal ofdebrisfrom private property to be placed onto County ROW.
Collection, hording and disposal of said debris from ROW to be paid at applicable contract rates.
U024
Management of TDSRS and Debris Processing_/d
U025
Site preparation and management
Cubic Yard
$3.00
U026
Debris processing /reduction, by grinding (Vegetative)
Cubic Yard
$2.50
U027
Debris processing /reduction, by burning (Vegetative)
Cubic Yard
$3.00
U028
Debris processing /reduction, by compaction (C &D)
Cubic Yard
$2.75
U029
d. Scope consists of the management and operation ofTDSRS'f,,r acceptance, management,
segregation and staging ofdisasler related debris. Additionally, work consists of all labor, equipment,
frel and miscellaneous costs necessary to reduce storm generated debris by grinding or by incineration.
U030
Debris Disposal (to Final Destination, Landfill) /c
U031
Final disposal of reduced /compacted materials, 0 -15 miles
Cubic Yard
$5.40
U032
Final disposal of reduced /compacted materials, 16 -30 miles
Cubic Yard
$6.30
U033
Final disposal of reduced /compacted materials, 31 -60 miles
Cubic Yard
$7.20
U034
-Transporting processed debris to final disposal ( >60 miles ).
-Disposal Tipping Fee is a pass - through cost.
Cubic
Yard/Mile
$0.38
U035
e. Work consists of pick up and transport of reduced debris at a County approved TDSRS to a final
duposalfaclllty. '
0036
Hazardous Stump Removal & Collection_ /f
U037
Stump extraction and hauling to TDSRS (> 24" to 36" diameter)
Per Stump
$150.00
11038
Stump extraction and hauling to'1'DSRS (> 36" to 48" diameter)
Per Stump
$234.00
U039
Stump extraction and hauling to TDSRS (> 48" to 60" diameter)
Per Stump
$330.00
U040
Stump extraction and hauling to TDSRS (> 60" to 72" diameter)
Per Stump
$420.00
U041
Stump extraction and hauling to TDSRS (> 72" diameter)
Per Stump
$540.00
U042
Backfill Material (Compatible soil to fill stump voids)
Cubic Yard
$18.00
U043
f Scope consists of removal and collection ofstumps partially uprooted in the ROW (per FEMA debris
guidance specifications). Stumps to be properly identified, certified and documented, per FEMA
guidance, by County or its representative.
U051
Hazardous Trees & Dangerous Hanging Limbs (Hangers) /h
U052
Partially Uprooted Trees
U053
'frees on or in ROW, 6 -12" diameter
Per Tree
$120.00
U054
Trees on or in ROW, 13 -24" diameter
Per Tree
$225.00
U055
Trees on or in ROW, 2548" diameter
Per Tree
$780.00
U056
Trees on or in ROW, 49 -72" diameter
Per Tree
$1,250.00
U057
Trees on or in ROW, >72" diameter
Per Tree
$1,650.00
U058
Hanging/Damaged branches and limbs (hangers)
Per Tree
$195.00
U059
h. Scope conscsn of removal of hazardous bees f om public properly or ROW or the overhanging
portion of the ROW with placement ofdebris on ROW for collection and hmdl ff Diameter of identified
trees measured at 2 feel from base. AR trees must be measured and pre- appronedfor removal by
County authorities. Scope also includes removing hanging limbs or partially broken limbs from trees on
ROW or limbs hanging over ROW and placing resultant debris on the ROW for haul -off.
U060
Other Unit Services_/j
U061
Dead Animal Carcass hauling and disposal
Per Pound
$3.90
U062
Household Hazardous Waste (HHW) removal and disposal
Per Pound
$16.15
U063
Hazardous, Toxic, Radiological Waste (HTRW) removal and disposal
Per Pound
$330.00
U064
White Goods removal, collection and hauling (to DMS/FDS)
Each
$82.80
U065
Freon management & recycling (at work site/DMS/FDS, as applicable)
Each
$82.80
U066
Electronic Waste (E- waste) removal (load, haul and dump at DMS/FDS (recycler]
with permissions)
Each
$90.00
591884 Page 30 of 75
County of Orange, OC Public Warkx Contract MA- 080 - 11010203
AshBrltt, Inc. Attachment B
Contractor's Pricing
U067
I Broken Concrete removal (load, haul and dump at DMS /FDS [recycler) with
permissions)
Cubic Yard
$34.20
U068
Sand collection and screening and /or beach restoration
Cubic Yard
See Sched 3
U069
Bank/Canal Restoration (to include all necessary equipment/materials)
Linear Foot
$42.00
U070
Storm Sewer and culvert cleaning (to include all necessary equipment/materials)
Linear Foot
$38.40
U071
Abandoned Vehicle Removal (tow /transfer passenger vehicle)_ /•
Each
$300.00
U072
Abandoned Vehicle Removal (tow /transfer recreational vehicle up to 24')_1•
Each
$474.00
U073
Operation of secure aggregation site for vehicles and vessels
Day
$1,920.00
1J074
Storage of each -light and medium duty vehicle and /or vessels
Day
$114.00
1 075
Derelict/Sunken Vessel Removal (from marine environments)_/'
Foot
See Sched 3
U076
Inspection Tower (Temporary Debris Management Site)
Each
$4,200.00
U077
Hazardous Waste Containment Area Construction (as applicable, TDSRS, DMS)
Each
$12,000.00
U078
l Sm e..special unit services (•) may require unique considerations with respects m scope of work as
they may require unexpected additional of ort. As ouch, at the discretion of the County and Cnntruclar
further negotiation may he needed an a case by case basis.
Wheel Loaders, 4.5 -6.0 CY
Personnel, Equipment and Materials (Etnereencv Push /Mist. Services) - Price Schedule Ochedrde 2a)
No.
Service Description Size or Type_/a Unit
Unit Price
H000
Heavy Equipment O erator, fuel, maintenance included
H001
_
Skid -Steer Loader Mini - Loader
Bobcat 753 /Cat
216 /JD 313
Hour
$90.00
11002
Extendaboom Forklift w/ debris grapple
Bobcat
V638 /CatTL642
Hour
$126.00
H003
Backhoe, Wheel Loader, 1.0 -1.5 CY
Cat 416E
Hour
$110.00
H004
Backhoe, Wheel Loader, 2.0 -3.0 CY
Cat 430E
Hour
$132.90
11005
Backhoe, Extend -a -hoe 1.0 CY, 4WD, extendable)
JD3IOJ /Cat 420E
Hour
$110.00
U006
Wheel Loaders, 1.0 -1.5 CY
Cat 908 /JD 304 /Case
321
Hour
$114.00
H007
Wheel Loaders, 2.5 -3.0 CY
Cat 930 /1D 544//Vol
L70
Hour
$144.00
H008
Wheel Loaders, 3.04.5 CY
Cat 950 /JD 644
Hour
$175.00
11009
Wheel Loaders, 4.5 -6.0 CY
Cat 966/JD 744No1
1,150
Hour
$190.00
H010
Wheel Loaders 6.0 -7.0 CY
Cat 9803D 844/Vol
1,180
Hour
$210.00
HOl l
Tracked Loader (Trackhoe w/ misc. attachments)
Cat 320 /JD 690/Kob
ED190
Hour
$174.00
H012
Knuckleboom Loader Truck (Self-Loading)
35 -45 CY Body
Hour
$200.40
11013
_
Dozer, Tracked
Cat D4
Hour
$135.00
H014
Dozer, Tracked
Cat D5
Hour
$145.00
H015
Dozer, Tracked
Cat D6
Hour
$150.00
HO16
Dozer, Tracked
Cat D7
Hour
$181.25
H017
Dozer, Tracked
Cat D8
Hour
$212.50
H018
Dozer, Tracked
Cat Dl OT
Hour
$462.00
H019
Hydraulic Excavators, 1.5 CY
Cat 320
Hour
$160.00
H020
Hydraulic Excavators, 2.5 CY
Cat 325
Hour
$175.00
H021
Hydraulic Excavators, 3.5> CY
Cat 330
Hour
$195.00
H022
Excavator/Trackhoe, Rubber Tire (w/ debris grapple)
Cat 315C /JD
160CNol EC 160
Hour
$165.00
591884 Page 31 of 75
County aJ'Orange, OC Public Works Contract MA -080 - 11010203
AsbBrin, Inc. Anachmentit
Contractor's Pricing
H023
Tractor w/ Box Blade 30 -70 H
JD 210UCase 570M
flour
$62.50
H024
Motor Grader w/ min 12' blade
Cat 120G/125 (140
H
Hour
$154.80
1-1025
Off Road Truck 15 -20 cy, 24MT
Cat 725/JD 250D /Vol
A25
flour
$198.00
H026
30'ron Crane
Terex RT 335
30MT , equal
Hour
$243.75
H027
50 Ton Crane
Terex RT 550
(50MT ), equal
Hour
$312.50
H028
100 Ton Crane 8 hr minimum
Terex HC110,
KobCKl0OO
Hour
$435.00
H029
Bucket Truck I
Up to 50' roach
Hour
$168.75
H030
Bucket Truck
40' to 75' reach
Hour
$187.50
11031
Trash Transfer Trailer w/ Tractor
110 Yard
Hour
$160.80
1.1032
Mechanized Broom
Street Sweeper
Hour
$97.20
H033
Water Truck
2000 Gallon
Hour _
$109.20
H034
Service/Fuel Truck
Multi
Hour
$102.00
H035
Soil Compactor 81 HP+
Case /Cat/Wacker
Hour
$97.20
H036
Soil Compactor 80 HP
Case/Cat/Wacker
hour
$90.00
11037
Soil Compactor, Towed Unit
Wacker
Hour
$28.80
1.1038
Stump Grinder (30" diameter or less)
Vermeer 252
Hour
$109.20
11039
Stump Grinder (greater than 30" diameter
Vermeer 752
Hour
$154.80
1-1040 1
Stump Grinder
Vermeer 60 "rX
Hour
$174.00
H041
Chipper w/ 2 man crew
Morbark Strom
Hour
$160.80
H042
13 -Foot Tub Grinder
Morbark 1300/850
HP
Hour
$570.00
14043
_
14 -Foot Tub Grinder
Diamond L
1463/1600 HP
Hour
$630.00
H044
Air Curtain Pit Burner (Self - contained)
N/A
Hour
$62.40
H045
Air Curtain Refractory Incinerator
N/A _
Hour
$90.00
H046
H047
12T Lowboy Trailer (Equip. Transport w/ Tractor)
35T Lowboy Trailer F ui . Trans port w/ Tractor
12 Ton
35 Ton
Hour
Hour
$70.80
$114.00
H048
50T Lowboy Trailer (Equip. Transport w/ Tractor)
50 Ton
Hour
$156.00
H049
Truck Mounted Winch
Tow Truck
Hour
$114.00
HO50
Log Skidder
Cat 525B /JD 648E/G
III
Hour
$210.00
11051
Waste Collection Rear Loader Truck
N/A
Hour
$174.00
H052
Vacuum Truck/Jetter
3500 Gallon
Hour
$330.00
H053
Crash Truck w/Im act Attenuator
N/A
Hour
$135.60
H054
Power Screen
NIA
Hour
$122.40
H055
Stacking Conveyor
N/A
Hour
$32.40
H056
Hauling Vehicles (Operator, fuel, maintenance included)
H057
Dump Truck
5 to 15 CY
Hour
$66.00
H058
Dump Truck
16 to 24 CY
Hour
$90.00
H059
Dump Truck
25 to 34 CY
Hour
$100.00
H060
Dump Truck Trailer Dump w/ Tractor
35 to 44 CY
Hour
$110.00
H061
Dump Truck Trailer Dump w/ Tractor
45 to 54 CY
Hour
$120.00
H062
Dump Truck Trailer Dump w/ Tractor)
55 to 64 CY
Hour
$140.00
11063
Dump Truck (Trailer Dum w/ Tractor)
65 to 74 CY
Hour
$150.00
H064
Dump Truck Trailer Dump w/ Tractor)
>75CY
Hour
$150.00
H065
Walking Floor Trailer w/ Tractor
100 CY
Hour
$156.25
591884 Page 32 of 75
County oj'Orange, OC Public Works
Contract MA- 080 - 11010203
Ash Britt, Inc. Anachment B
Contractor's Pricing
H066
Transportation Vehicles (Operator, fuel, maintenance NOT
included: loaned vehicles, insurance included
14067
Picku Tntck
1/2 Ton
Day
$45.00
11068
Pickup Truck
3 /4'fon
Day
$45.00
H069
Pickup Truck
1 Ton 40
Da
$65.00
H070
Box Truck
314 Ton
Da
$122.40
H071
Utility Van
3 /4'fon
Da
$90.00
H072
Passenger Van
9 Passenger
Da
$84.00
FI073
Passenger Car
Full size
Da
$61.20
H074
Response Trailer
20 Foot
Da
$168.75
H075
Response Trailer
30 Foot
Da
$168.75
F1076
Flatbed'l'railer 4011
GWVto450
Da
$102.00
1-1077
Personne ff ui ment
H078
Project Operations Manager
Individual
Hour
$85.00
1I079
Superintendent with Cell/Truck
Individual
flour
$90.00
11080
Supervisor with Cell/Truck
Individual
Hour
$84.00
H081
Foreman with Cell/Truck
Individual
Hour
$70.00
H082
Inspector with Cell /Vehicle
Individual
flour
$51.00
H083
Health/Safety or QC Manager with Pickup Truck
Individual
Hour
$78.00
H084
Safety Superintendent
Individual
flour
$66.00
11085
Mechanic with Truck and Tools
Individual
Hour
$70.00
H086
Climber with Gear
Individual
Hour
$102.00
H087
Labor/Operator with Chainsaw/Tools
Individual
Hour
$54.00
H088
Laborer with Tools
Individual
Hour
$39.00
H089
Traffic Control Personnel
Individual
Hour
$36.00
H090
Ticket Writers
Individual
Hour
$36.00
H091
Survey Personnel with Vehicle
Individual
Hour
$45.60
H092
Project Engineer
Individual
Hour
$114.00
8093
Equipment O erator
Individual
Hour
$66.00
H094
Truck Driver
Individual
Hour
$54.00
H095
Administrative Assistant
Individual
Hour
$33.00
H096
Clerical
Individual
Hour
$29.00
Hl 10
Marine Resources Fuel, maintenance included
Hl 1 l
56' Shallow Draft Landing Craft with Crane
Crew of 2
Da
$7,560.00
H112
40' Sectional Bare w/ Mounted Excavator & Push boat
With 2 man Crew
Da
$8,400.00
Hl 13
33' Fast Barge with Winch
Crew of 2
Da
$5,040.00
H114
14' Utility Boat with Motor (Work Boat
With 2 man Crew
Da
$2,016.00
H115
12' Utility Boat with Motor (Work Boat)
With 2 man Crew
Da
$1,344.00
H116
12' Utility Boat without Motor (Work Boat
With 2 man Crew
Day
1,008.00
HI 17
Tank Diver with Gear
Individual
Hour
$201.60
H118
Hardhat Diver with Gear
Individual
Hour
$840.00
H119
Scuba Bottle Refill Air
80
Each
$20.40
H120
Air Pump with multi breathing lines
Brownie Lung
Da
$672.00
H121
Miscellaneous EquipmenUltems (Fuel, maintenance included,
where applicable)
H122
Transfer/Tow, handle of Typical Passenger Vehicle
2 Axle /4 Wheel
iron
Each
$234.00
H123
Transfedfow, handle of Recreational Vessel
Up to 24' in length
Each
$390.00
H124
Transfer/Tow, handle of Recreational Vessel
24.1' to 48' in length
Each
$510.00
591884 Page 33 of 75
County of Orange, OC Public Works Contract MA- 080 - 11010203
AsbBrin, Inc. AuachmentB
Contractor's Pricing
H125
Traffic Control, Temp Single Lane Closure
N/A
Hour
$174.00
H126
Traffic Control, Tcmp Road Closure
N/A
Hour
$354.00
H127
Weighing Scales Truck, Certified
Portable
Hour
$66.00
11128
Light Tower Portable light plant w/ Generator
w/ Generator
Hour
$42.00
H 129
Office Trailer
40 Foot
Day
$200.40
H130
Storage Container
40 Foot
Da
$122.40
1-1131
Portable Eyewash Station
OSHA Spec
Da
$45.60
H132
First Aid Station
OShIA S ec
Da
$150.00
H133
Portable Toilet Port a John
Single
Week
$330.00
4134
Observation Tower
USACE Spec
Each
$4,200.00
Notes:
a. Listed equipment type a equivalent (various manufactures).
I. my rule represents 10 hour day (minimum).
2. Fuel surcharges may apply (negotiable at l ima of NTF).
Beach Restoration Canal Work Waterways & Sunken Vessel Removal - Price Schedule (Schedule 3)
Beael ✓Lake Restoration
No.
Description
Unit
Price
moo
Collection of debris -laden sand from ROW,
compaction, fill and backfill of embankment
hauling to the processing screen and sand pile
Per Cubic
preexisting conditions insofar as possible.
maintenance. Up to 15 mile haul to screen.
Yard
$12.00
Debris from screen to be hauled by cubic yard
debris rate in contract.
M002
Berni/Beach Construction shall include
transportation of screened sand to beach from
Per-Cubic
screening site, including shaping of material
yard
$12.00
on emergency berm. To include stockpile
maintenance. Up to 15 miles haul from screen.
M003
Scrape and screen shall include the collection
of debris laden sand from beach, processing it
Per Cubic
through screen, returning sand to beach and
yard
$12.00
spreading sand on beach. Work to be
performed on beach.
Bank/Canal Work
No,
Description Unit Price
M004
Bank/Canal Shoreline Restoration Per Linear $35.00
Foot
Note: To include any necessary excavation,
compaction, fill and backfill of embankment
soils and seeding, materials to restore banks to
preexisting conditions insofar as possible.
M005a
Canal/Marine Debris Removal (Land Per Cubic $42.00
Based) /a Yard
591884 Page 34 of 75
County of Orange, OC Public Works
AshBrlu, Inc.
Contract MA -080 - 11010203
Attachment B
Contractor's Pricing
M005b Canal/Marine Debris Removal (Marine Per Cubic $594.00
Bascd)_/a Yard
Note: Removal of storm generated debris from marine environments
including streams, canals, and waterfronts by applicable land -based or
marine -based processes.
a. Price negotiated for special circumstances f'or canal and marine debris
removal (incident specific).
Derelict/Sunkcn Vessel Removal
No.
Description
Unit
Price
M006
Marine Salvage Operations
Per Linear
Foot
M006a
Less than 20 feet
$335.00
M006b
20 to 25 feet
$370.00
M006c
25 to 30 feet
1 -5
$430.00
MOO6d
Greater than 30 feet
0.30
By Case
1,100.25
EW01b
810 -1350
6 -10
M007
Land Based Salvage Operations
Per Linear
Foot
0.29
M007a
Less than 20 feet
EW01c
$162.50
M007b
20 to 25 feet
7.65
$234.00
M007c
25 to 30 feet
1,032.75
$357.50
M007d
Greater than 30 feet
By Case
Note: Large vessels, houseboats or vessels within environmentally sensitive areas may require unexpected
additional effort. Work may be negotiated on a case -by -case basis under such conditions.
Note: Fuel surcharges may apply (negotiable at time of Note: Fuel surcharges may apply (negotiable at time of
NTP). NTP).
Emereenev Drinkinr Water, Ice Supply & Supplemental Foods - Price Schedule (Schedule A)
Drinking Water
No.
Description
Unit
Prices
EW01
8.45 OZ. (250 mL) Units - 27 Units /Case (9 x 3
Packs /case)
135 Cases/Pallet
Cases Pallets
Price /Case
Per Unit
Per Pallet
EW01a
135 -675
1 -5
$
8.15
$
0.30
$
1,100.25
EW01b
810 -1350
6 -10
$
7.85
$
0.29
$
1,059.75
EW01c
1485 -1500
11 -20
$
7.65
$
0.28
$
1,032.75
EW02
1 Liter (1000mL) Units - 12 Units /Case
75 Cases /Pallet
Cases
Pallets
Price/Case
Per Unit
Per Pallet
EW02a
75 -375
1 -5
$
9.63
$
0.80
$
722.14
591884 Page 35 of 75
County of Orange, OC Public Works
Ash Britt, Inc.
EW02c 1 825 -1500
Note:
Prices are P.O.B. Miami, FL or West Palm Beach,
FL.
lee .Supply
Contract MA- 080 - 11010203
Attachment B
Contractor's Pricing
9.20 $ 0.77 $ 689.85
No.
Description
Unit
Price
EI01
Packaged Ice Delivered 3, 5, 7 Ibs)
Per
pound
$
0.51
E102
Packaged Ice 10 lbs
Per bag
$
4.69
E103
Packaged Ice 20 Ibs
Per ba g
$
6.99
E104
Additional Ground Mileage
Per mile
$
3.32
E105
Standby Time in Excess of 2I -Iours
(Demurrage)
Per hour
$
87.75
Supplemental Food Sources (MRF.)
No.
Description
Unit
Price
EM01
1. Meals Ready to Eat (MRE Regular):
Per meal
$
7.28
8oz Entr6e +Heater F..lement -72 /Case)
EM02
2. Meals Ready to Eat (MRE De Luxe):
Per meal
$
13.25
(8oz Entree, I Drink, I Fruit Cup +Heater
Element -
12 /Case)
L Sun Meadow Hot Meal (Entr6e w/
One
EM03
heater):
meal
$
6.60
2. Sun Meadow Hot Meal Pack (Meal
One
EM04
kits):
meal
$
10.95
EM05
3. Sun Meadow 3 -meal Pack:
Per pack
$
8.75
Portable Toilet&Wandwashing Stations
No. Description Unit Price
Per
EPHO1 Mobile Toilet Unit (9 Stall
General Notes.
week $ 1
Trucking and storing of above listed food items shall be invoiced at actual cost.
1. As ice and water represent scarce commodities following a stonn event, specific terms and conditions shall be included
as part of an executed contract. These terms and conditions are available for review at your request.
2. Prices are valid for an annual tern, at which time prices require renegotiation.
3. Ice supply subject to availability. Every effort will be made to deliver packaged ice in the quantities specified and to the
delivery sites specified as timely as possible. Minimum quantities required.
Product Standards: Ice provided under this contract shall be:
(1) manufactured within no more than 120 calendar days of the date of delivery;
591884 Page 36 of 75
County of Orange, OC Public Works Contract MA -080 - 11010203
AshBritt, Inc. Anachment B
Contractor's Pricin¢
(2) tube or crushed ice (block or shaved ice is not
used);
(3) manufactured in compliance with the Food and Drug Administration (FDA)
(4) manufactured by ice plants that use source water from a public water supply which is currently in compliance with the
National Premium Drinking Water Regulations (NPDWR) of the Safe Drinking Water Act (SDWA) and which achieved
that compliance without an exemption under the SDWA; and
(5) produced, packaged, transported, stored and handled in accordance with all applicable Federal, state and local laws and
regulations.
Packaging: Ice shall be scaled in 5 to 20 pound plastic bags and stacked on pallets. Each pallet shall contain 2,000 pounds,
net weight, of ice. A protective layer (slip sheet) of thick paper, plastic (6 mil) or waterproof corrugated cardboard shall be
placed between the stacked ice and the pallets. Pallets of packaged ice will be fully covered on all four (4) sides with a
minimum of four (4) layers of shrink wrap. All pallets shall be 4'x 4' nominal, constructed of hardwood, designed for
pickup on all four sides and repeated use with a 2,000 lb. load. Each pallet is packaged to withstand severe climatic
conditions.
Note: Fuel surcharges may apply (negotiable at time of NT%.
Disaster Response Man Camp.VCnmfort Services - Price Schedule (.Schedule R)
Emergency Sleeping Quarters
I — 168 -Man Dormitory
Structure
Wood Floor w/ New Carpeting
Air Conditioning/Combination
Heating Units
Power Generation
Metal Halide Lighting Package
168 Mil -Spec Cots
2 — Personnel Doors
Up to 4 Weeks Rental
Dining Facilities
Option I (MCO2a)
I — Dining Structure for 500
Wood Floor w/ EventPro
Flooring
Air Conditioning/Combination
Heating Units
Power Generation
Metal Halide Lighting Package
2 — Personnel Doors
64 — 8' Banquet Tables
512 Folding Chairs
Up to 4 Weeks Rental
Unit Rental Price
104.04
Unit Rental Price
591884 Page 37 of 75
I — 200 -Man Tension Tent
Wood Floor w/ New
Carpeting
Air
Conditioning/Combination
Heating Units
Power Generation
Metal Halide Lighting
Package
200 Mil -Spec Cots
2 — Personnel Doors
Up to 4 Weeks Rental
Unit Rental Price
I — Dining Structure for 350 Unit Rental Price
Wood Floor w/ EventPro
Flooring $ 99,824.34
Air
Conditioning/Combination
Heating Units
Power Generation
Metal Halide Lighting
Package
2 — Personnel Doors
44 — 8' Banquet Tables
352 Folding Chairs
Up to 4 Weeks Rental
County of Orange, OC Public Works Contract MA- 080 - 11010203
AshBritt, Inc. Attachment 8
Contractor's Pricing
Restroom
Option I (MC03)
No.
Rate
Carnp Service Facilities
No.
Units for
Rental Price
Portable Toilet Facilities
MC03a
.150 - Person Camp
$ 25,887.61
Daily Cleaning & Service
MC03b
250- Person Camp
$ 55,420.20
4 Weeks Rental
MC03e
500- Person Camp /a
$ 138,550.50
Facilities
I - 16 Head Shower Trailer Unit Unit Rental Price
Provides Shower Service (for
500 persons):_/b $ 253,550.00
Each Unit Contains:
Private Changing Stalls & 36" x
36" Shower Stalls
Propane -fired boiler system
On -board water storage
Air Conditioning
"Crash Receptacles
Up to 4 Weeks Rental
Laundry Facility
I — 10 Unit Laundry Trailer
Each Unit Contains (for 250
persons):_ /c
Top Load Washer Units
Front Load Dryer Units
Hot and Cold Water
Air Conditioning
Folding Table
Trash Receptacles
Up to 4 Weeks Rental
Notes:
a. For Reslroom Facilities for 500 person per day full service: $40,177.50 per week for first
week, $32,791.00 for each additional week.
b. For Shower Facilities (16 Head) for 500 person per day full service: $68,915.00 per week for
first week, $61,545.00 for each additional week.
c. For Laundry Facilities (16 Head) for 500 person per day full service: $70,345.00 per week for
first week, $62,947.50 for each additional week.
Man Camp Services
No.
Rate
Provided by others or
Site Preparation
MC06
incident specific lump sum.
Fuel for Generators
MC07
See Schedule D.
Provided by others or
Fresh Water Supply
MC08
incident specific lump sum.
Provided by others or '
Grey and Black Water Removal
MC09
incident specific lump sum.
Special Emergency Services No. Rate
Emergency Clinics and Support
Personnel MC10 Provided by others.
Unit Rental Price
Notes: All pricing above assumes services for disaster /emergency situations. All pricing is for a minimum one -month
rental except where noted above. Quote includes all non -union labor and equipment needed for installation and take down
of structures. Quote assumes staking into level asphalt or grass surface provided free of obstruction with direct semi -truck
access within 50' of work site. Applicable sales taxes, permits, and fuel surcharges are not included. This proposal is
subject to equipment availability at the time the notice to proceed is issued.
Note: Items subject to availability. Fuel surcharges may apply (negotiable at time of NTP).
591884 Page 38 of 75
County of Orange, OC Public Works Contract MA -080- 11010103
A.shBritt, Inc. Attachment B
Contractor's Pricing
EmerjLencv Power Generation - Price Schedule (Schedule Q
Rental Per Week
No.
Units (Generator Size)
Per Week
GOOI
25 kW Generator
$
1,800.00
G002
56 kW Generator
$
2,825.00
G003
100 kW Generator
$
3,195.00
G004
175 kW Generator
$
5,400.00
G005
250 kW Generator
$
9,275:00
G006
320 kW Generator
$
8,800.00
G007
500 kW Generator
$
11,200.00
6008
800 kW Generator
$
17,500.00
G009
1000 kW Generator
$
20,000.00
G010
1500 kW Generator
$
26,500.00
*Additional equipment rates available upon request
Notes:
1. Transportation and fuel charges not included.
2. Usage charge is calculated from "portal to portal ".
3. Hookup /disconnnect, cables and distribution boxes not included.
4. Minimum usage charge of 1 week.
5. Includes service and maintenance.
6. Client agrees to start billing upon NTP regardless of signature on delivery at destination.
No. Week Month
GO50 Tails $ 14.15 $ 21.22
G051 Cables (400 amn) 50ft $ 176.81 $ 530.44
Note: Items subjeet to availability. Fuel surcharges may apply (negotiable at time of NTP).
Emereencv Fuel DeliverwAhrnafement - Price Schedule (Schedule D)
No.
Item/Equipment
Description
Rental/La
bor Rate
Unit
FOOI
550 gallon dual wall tank
Portable Storage Tank (Secondary Containment)
$102.38
Per day
F002
1,000 gallon single wall
tank
Portable Storage Tank
$163.90
Per day
F003
1,000 gallon dual wall tank
Portable Storage Tank (Secondary Containment)
$191.40
Per day
F004
6,000 gallon or greater tank
Portable Storage Tank
$204.75
Per day
F005
12 Volt Fill -Rite Pump
Fuel Pump 13 GPM, includes nozzle
$27.30
Per day
F006
Portable Tank
Delivery/Pickup
Delivery/Pickup Delivery/Pickup Charge
$204.75
Per hour
F007
Portable Tank Cleanout Fee
Cleanout of portable tank if required)
$546.00
Per
service
F008
Truck with Man
Transport Truck w /trailer or Bobtail Truck
$252.66
Per
hour*
F009
Fuel Tank Trailer Only
7,500 to 8,500 gal capacity
$819.00
Per day
591884 Page 39 of 75
County of Orange, OC Public Works - Contract MA- 080 - 11010203
Ash Britt, Inc. Attachment
C'ontractor's Pricing
Per
F010 Mobile Fuel Station 12.000 Gal capacity on trailer $389.40 hour"
F012 1 Labor Man to operate fuel station or fuel vehicles $102.38 Per hour
Note: Additional Storage Tanks ranging from 250 to 20,000 gallons are available upon request
' Requires 24 hour minimum
Purchase
No. Item Description Price lb Unit
OPIS Rack Daily
Average Price .t. Per
F100 Fuel Gasoline /Diesel /Aviation Fuel $0.85 gallor
Notes:
a. Rental /labor Rate begins when equipment or labor leaves the facility and ends upon its return to the same facility. Reasonable
lodging expense may apply.
b. Fuel rate based on daily published average gasoline and diesel rack prices from Oil Price Information Service Net
(OPiSNet.com) for Houston,'I'exas (OPIS rack city), plus applicable federal, state and local taxes, delivery, administration and
overhead costs. Aviation fuel based on OPISNet Jet Fuel Report for Gulf Coast Market (5 Day Average), plus applicable fees,
federal, state and local taxes.
Description of service:
A self contained generator powered system designed to meet the emergency fuel response needs of government and commercial
entities. This unit combines high volume fuel dispensing capabilities along with maximum portability features.
Features
-Total fuel storage capacity - 12,000 gallons (One 10K tank and two 1K tanks)
-Tanks are dual walled (secondary containment) & are Flameshield NFPA 30 rated.
-Mounted on a 53' drop deck trailer
-Six high volume fueling points with hoses on reels
-Fueling points have meter registers
-Grounding cable for vehicle re-
fueling
•20KW diesel generator
-Lights for night fueling
-No special transportation permits
required
-Equipped with spill response kits.
-Air compressor
-Lubricants storage tank with
dispenser
Note: Equipment/Units subject to
availability.
Emergency Satellite Telephone/Communication Services - Price Schedule (Schedule E)
Satellite Phone Service
No. Description Rate Unit
SAT01 Per Satellite $175.00 Perweek
591884 Page 40 of 75
County of Orange, OC Public Works
A.chBritt, hie.
Contract MA-080-11010203
Attachment 8
Contractor's Pricin¢
Phone
Usage Cost, Per
SAT02 per phone $3.50 minute
Satellite Internet Service
Self - Contained Trailer Equipment
INT04 12 month $1.346.24
Bandwidth
Monthly
No. Service Cost
Disaster
INT20
Response $2,231.10
Bandwitdth Upload Download VolP
No. Service Contention (Kbps) (Mbps) lines Users
Disaster
1NT21 Response 10 768 2 6 10 to 20
Description of services:
Self-contained trailer auto deploy
This unit was designed to be a self - contained mobile unit that is weatherized. This unit is ideal for businesses that need
ultimate mobility with rapid deployment. The following equipment comes standard on each unit:
4'x 6' enclosed trailer
9,000 watt electric start generator
Andrew Smart-Ad 3 watt 1.2 meter auto deploy satellite earth station
VSAT 3100 intemet modem
Motorola HotZone Duo Mesh Wireless Router (MWR)
Universal power controller battery backup
Self- contained trailer mounted
This unit was designed to be a self - contained mobile unit that is weatherized. The following equipment comes standard on
each unit:
dish
4'x 6' enclosed trailer
9,000 watt electric start generator
Andrew 4 watt 1.2 meter satellite
VSAT 3100 intemet modem
4'x 6'
enclosed
trailer
9,000 watt electric start
generator
Andrew 4 watt 1.2 meter
satellite dish
VSAT 3100 intemet
modem
591884 Page 41 of 75
Monthly
No.
Duration
Cost
INTOI
3 month
$5,405.24
1NT02
6 month
$4,052.24
INT03
9 month
$2.699.24
INT04 12 month $1.346.24
Bandwidth
Monthly
No. Service Cost
Disaster
INT20
Response $2,231.10
Bandwitdth Upload Download VolP
No. Service Contention (Kbps) (Mbps) lines Users
Disaster
1NT21 Response 10 768 2 6 10 to 20
Description of services:
Self-contained trailer auto deploy
This unit was designed to be a self - contained mobile unit that is weatherized. This unit is ideal for businesses that need
ultimate mobility with rapid deployment. The following equipment comes standard on each unit:
4'x 6' enclosed trailer
9,000 watt electric start generator
Andrew Smart-Ad 3 watt 1.2 meter auto deploy satellite earth station
VSAT 3100 intemet modem
Motorola HotZone Duo Mesh Wireless Router (MWR)
Universal power controller battery backup
Self- contained trailer mounted
This unit was designed to be a self - contained mobile unit that is weatherized. The following equipment comes standard on
each unit:
dish
4'x 6' enclosed trailer
9,000 watt electric start generator
Andrew 4 watt 1.2 meter satellite
VSAT 3100 intemet modem
4'x 6'
enclosed
trailer
9,000 watt electric start
generator
Andrew 4 watt 1.2 meter
satellite dish
VSAT 3100 intemet
modem
591884 Page 41 of 75
County of Orange, OC Public Works Contract MA- 080 -1101 0103
AshBritt, Inc. AttachmentB
Contractor's Pricing
Motorola HotZone Duo Mesh
Wireless Router (MWR)
Universal power controller battery
backup
Motorola IlotZone Duo Mesh Wireless
Router (M W R)
Universal power controller battery
backup
The following services are available within the program:
Broadband Internet
Canopy Networks
VoiP Telephone and Fax
Cell Phone Repeaters
Each satellite unit will be equipped to provide wireless broadband intemet. The units are scalable so that additional wireless
access points can be added. Each unit will have sufficient bandwidth to easily support 15 concurrent internet users from the
base system. If necessary, additional units can be brought in to support a larger camp population.
Voice - over - intemet protocol ( "VoIP ") telephone and fax service will be available as an optional service with each satellite unit.
This service can handle one to eight voice lines per unit. Cell phone repeaters for Nextel and Cingular networks are also
available as an optional item.
Now Services subject m avaib,bilily. Altemalive cunfibnuntions may be suhsliluied.
Temporary Office Trailers, Mobile Consmand Center - Price Schedule (Schedule F)
Office Trailers
Single Unit
Dimensions: Width = 8', Unit Length = 20'
No. Category Rate Unit
OT01 a Setup Fee: $ 1,485.23 One time
Per
OT01b Single Unit $ 516.10 month
Single Unit
Dimensions: Width = 8', Unit Length = 28'
No. Cateeory Rate Unit
OT02a Setup Fee: $ 1,653.12 One time
Per
OT02b Sinele Unit $ 630.34 month
Single Unit
Dimensions: Width = 10', Unit Length = 24'
No.
Category
Rate
Unit
OT03a
Setup Fee:
$ 2,202.01
One time
OT03b
Single Unit
$ 798.34
Per month
591884 Page 42 of 75
County of Orange. OCPublic Works Contract MA-080-11010203
Ash Britt, Inc. Attachment B
Contractor's Pricing
Chemical'roilets Price Schedule
No. Description Rate Unit
Per
POJOI Port -o -let (per unit) $ 1,848.00 month
POJ02 Port -o -let (per unit) $ 72.60 Per day
Note: Plus $4.25 per mile delivery. Set up, daily service, equipment rental, and
pick up/breakdown included.
Misc. Office Supplies
No. Description Rate Unit
OS01
Phone
Rate
$
19.64
Each
OS02
Fax
$
$
88.94
Each
OS03
2 x 2 way radio
$
34.65
Each
OSO4
Desktop
Copier
$
225.23
Each
OS05
Folding
Chair
$
40.43
Each
OS06
Folding
Table
$
98.18
Each
OS07
Small Refiigerator
$
323.40
Each
Emereenc9
Pumping
Units - Price Schedule
(Schedule G)
Rental Per Hour /Day (Basic Package)
No.
Description (Pump Size
Rate
Per Da
Rate (Per
Hour to
EP001
4" Trash Pump Package
$
1,089.05
$
90.75
EP002
6" Trash Pump Packa e
$
1,654.85
$
137.90
EP003
6" Hydraulic Pump with Power Pack
$
1,216.70
$
101.39
EP004
8" Hydraulic Pump with Power Pack
$
1,818.15
$
151.51
EP005
10" Hydraulic Pump with Power Pack
$
2,299.25
$
191.60
EP006
12" Hydraulic Pump with Power Pack 1b
$
2,695.95
$
_
224.66
EP007
12" Centrifugal Pump u to 115 It total head 1b
$
1,870.00
$
155.83
EP008
18" Centrifu al Pum (up to 200 It total head)_ib
$
2,810.00
$
234.17
EP009
24" Axial Flow (up to 120 It total head ) tb
$
3,145.00
$
262.08
Notes:
1. Transportation, mobilization/demobilization charges not included.
2. Includes suction and discharge hoses.
3. Includes installation, service and routine maintenance.
4. Pump watch services, as applicable, $910.00 per day per pump.
5. A minimum pump usage charge of 12 hours (day rate) will be effective upon official client Notice to Proceed,
Task Order, Purchase/Deployment Order or work area relocation request or other reasonably unnecessary
interference (once deployed) whether pumps are operational or not (with the exception of routine maintenance
and/or pump or operator failure). Pump down time attributed to client relocation requests or cease orders to
accommodate some other activity will be a considered a billable hour.
591884 Page 43 of 75
County of Orange, OC Public Works Contract MA- 080 - 11010203
AshBria, Inc. Attachrnent B
Contractor's Pricing
6. Surplus pumps officially authorized for deployment by the client and not utilized will be subject to a minimum
usage charge.
7. Items subject to availability.
a. Rate per clay is effective rate per 12 hour period.
b. Ten (10) (lay minimum applies to pump services.
Note: Fuel surcharges may apply at cost (negotiable at time of NTP /Work Order, as applicable).
Dryin_e In Decontamination Mold Remediation Resloration - Price Schedule (Schedule H)
Categories/Descriptions
No. Labor Unit Rate
REM001
Project Consultant (PC)
Hour
$159.00
REM002
Project Executive (PE)
Hour
$128.00
REM003
Project Manager (PM)
Hour
$77.00
REM004
Health & Safety Officer (HSO)
Hour
$77.00
REM005
Technical Specialist (Superintendent) (TS)
flour
$70.00
REM006
Drying Technical (DT)
Hour
$70.00
REM007
Equipment Operator (L'O)
Hour
$57.00
REM008
Remediation Worker (RW)
Hour
$48.00
REM009
General Labor (GL)
Hour
$37.00
REM010
Field Auditor (FA)
Hour
$51.00
No
Supplies /Consumables
Unit
Rate
REM020
Adhesive Remover
Gallon
$98.00
REM021
Anti - Microbial Coating
Gallon
$83.00
REM022
Anti - Microbial Disinfectant (Concrete Pre Mixed)
Gallon
$5.00
REM023
Anti - Microbial Disinfectant (MicroBan RTU)
Gallon
$57.00
REM024
Bags Trash
Roll
$96.00
REM025
Bags Trash Environmental
Roll
$108.00
REM026
Box Storage Cardboard
Each
$9.00
REM027
Brush Long Handle /Scrub
Each
$11.00
REM028
Camera (Disposable 27 exp includes development)
Each
$38.00
REM029
Cleaner General and all purpose
Gallon
$31.00
REM030
Cleaner, Electronic Grade
Gallon
$64.00
REM031
Decontamination Unit Disposable
Each
$426.00
REM032
Duct, Lay Flat (500')
Roll
$478.00
REM033
Fuel
Gallon
See Sched
D.
REM034
Negative Air Filters (Prefilters)
Each
$4.00
REM035
Negative Air Filters (Pleated)
Each
$8.00
REM036
Negative Air Filters (Main HEPA)
Each
$230.00
REM037
Poly Sheeting Fire Retardant
Roll
$128.00
REM038
Poly Sheeting Reinforced
Roll
$191.00
REM039
Rags Cotton Cloth
Box
$64.00_
REM040
Respirator Cartridges Negative Pressure (Half -Face)
Pair
$13.00
REM041
Respirator Cartridge PAPR (Full -Face)
Each
$16.00
591884 Page 44 of 75
County of Orange, OC Public Works Contract MA -080- 11010203
Ash Britt, Inc. Attachment .8
Contractor's Pricing
REM042 Spray Bottle w/ Trigger
Each
$4.00
REM043 Sprayue
Can
$3.00
REM044 Sponges Soot Absorption
RFM045 Suit Disposable
Each
Each
$3.00
$3.00
REM046 Suit Tyvek
Each
$8.00
RFM047 Tape Duct
Roll
$7.00
REM048 Terry Wipes
Pound
$8.00
REM049 Towels
Case
$38.00
No
Drying Equipment
Unit
Unit
Rate
REM070
Dehumidification Unit
(50cfm- 100cfm)
Each
$91.00
REM071
Dehumidification Unit
(IIOcfm- 200cfm)
Each
$149.00
REM072
Dehumidification Unit
(220cfm- 300cfm)
Each
$175.00
REM073
Dehumidification Unit
(500cfm- 600cfm)
Each
$382.00
REM074
Dehumidification Unit
(IOOOcfm)
Each
$667.00
REM075
Dehumidification Unit
(2000cfm-2250cfm)
Each
$1,289.00
RFM076
Dehumidification Unit
(3500cfin)
Each
$259.00
RFM077
Dehumidification Unit
(4500cfm- 5000ctm)
Each
$356.00
REM078
Dehumidification Unit
(6000efnt)
Each
$453.00
REM079
Dehumidification Unit
(8500cfm)
Each
$1,133.00
REMO80
Dehumidification Unit
(I S 000cfm)
Each
$324.00
No
Miscellaneous Equipment
Unit
Rate
REM 100
40 Ton AC Unit
Each
$1,049.00
REM101
100 Ton Chiller Unit
Each
$1,159.00
REM102
200 Ton Chiller Unit
Each
$919.00
REM 103
Air Compressor (I 10 psi)
Each
$39.00
REM104
Air Compressor (125 psi)
Each
$220.00
REM105
Air Mover
Each
$32.00
REM106
Buffer, Floor
Each
$39.00
REM107
Cart, Tilt/Demolition
Each
$26.00
REM108
Dolly, 2- Wh] /4- Whl/Drm/Whlbr
Each
$6.00
REM 109
Electrical DisL Panel (Spider Box)
Each
$71.00
REM110
Electrical Kit (Ext. Cord GFI Surge Protector
Each
$6.00
REMl l l
Extraction Unit (Portable)
Each
$162.00
REM112
Extraction Unit (Trailer)
Each
$583.00
REM 113
Filtration Unit
Each
$32.00
REM 114
Fire Extinguisher
Each
$5.00
REM 115
First Aid Kit
Each
$3.00
REM 116
Floor Kit (Mop, Bucket Broom Rake Scraper Wrecking Bar Etc.)
Each
$16.00
REM117
Freight
Each
$4.00
REM 118
HEPA Filtration Unit (]0 OOOcfm)
Each
$389.00
REM119
HEPA Filtration Unit (2 OOOcfm)
Each
$123.00
REM120
Light Portable
Each
$3.00
REM121
Light, Stand
Each
$19.00
REM122
Light String
Each
$13.00
REM123
Mobile Command Center
Each
$576.00
REM124
Negative Pressure Recorder
Each
$65.00
REM125
Ozone Machine
Each
$155.00
591884
Page 45 of 75
County of Orange, OC Public Works Contract MA- 080 - 11010203
A.shRritt, Inc. Attac/mtant H
Contractor's Pricing
REM 126
Power Hand Tools (Sawzall, Circular Saw, Drill etc.)
Each
$13.00
REM 127
Pump Small
Each
$52.00
REM128
Pump Flood
Each
$175.00
REM 129
Respirator Negative Pressure (Half Face)
Each
$6.00
REM 130
Respirator PAPR (Full Face)
Each
$32.00
REM 131
Radio, Job Site
Each
$13.00
REM132
Shower /Wash Station
Each
$19.00
REM133
Sprayer, Airless
Each
$84.00
REM 134
Thermal Image Camera
Each
$65.00
REM135
Trailer
Fach
$149.00
REM136
Truck, 240
Each
$123.00
REM137
Truck Pick -Up
Each
$84.00
REM 138
Truck, Water Extraction
Each
$259.00
REM139
Vacuum (Wet/Dry)
Each
$32.00
REM 140
Vacuum, HEPA
Each
$97.00
REM141
Van/Bus
Each
$123.00
REM142
Vent/Wall Cavity Drying Unit
Each
$453.00
REM143
Wall Kit (Ladder, Fall Protection, Knives, Etc.)
Each
$13.00
REM144
Washer High Pressure; (5,000 psi)
Each
$227.00
REM146
Washer, HOTSY
Each
$259.00
Notes:
1. Work performed utilizing these rates shall be performed pursuant to the predefined Scope of Work being agreed to
by both parties and any applicable Change Order contract modification being completed.
2. Price. Work performed hereunder shall be priced as indicated in the Contractor Rates, plus any applicable taxes.
3. Overtime Rates. County agrees that overtime rates will be billed by Contractor and paid by County based upon
entitlement of employee notwithstanding where initial 40 hours, or any part thereof, were worked by employees for
County on other projects.
4. Consents and Permits. Any federal, state, or local permits or consents required for the performance of the Work
are the responsibility of the County; provided that, if made a part of the Work, Contractor may obtain such permits
and consents at County's expense. Both Contractor and County will comply with all applicable governmental
regulations, statutes, laws and ordinances.
5. Disposal. Disposal of any Hazardous Material (including specimens or samples) or any property that contains
Hazardous Material, removed by Contractor under this Agreement will be in the name of the County and under any
applicable generator number or other identification assigned by the County.
6. Labor Considerations.
A. The labor rates stated above are per hour for the first 40 hours worked (or 8 hours a day in California or where
mandated by prevailing wage requirements) in a week beginning on Monday.
B. Labor rates for work performed over 40 hours in a week (or 8 hours a day in California or where mandated by
prevailing wage requirements) will be charged at one and one -third (1 -1/3) times the stated hourly rates except where
collective bargaining agreements or prevailing wage requirements mandate premium time to be paid Saturday,
Sunday and Holidays. In such an event, one and one -third (1 - 1/3) time the stated rates or the multiplier mandated by
prevailing wage requirements shall be applicable.
C. Travel time will be charged, at stated hourly rates, when employee lodging is more than 50 miles from the project
location or when emergency conditions exist that result in one way travel time of 60 minutes or greater. In either
case, a minimum of one hour will be charged per individual, each way.
D. All documented costs for other applicable travel costs (airfare, rental cars, cab fare, etc.) will be reimbursed to
Contractor at cost.
E. Per diem and lodging will be charged at a rate of $100 per employee, per day for all employee classifications
591884 Page 46 of 75
County of Orange, OC Public Works
Ashfirin, lnc.
Contract MA- 080 - 11010203
Attachment B
Contractor's Pricing
1'. A minimum surcharge of $25 per hour will be added to the slated rates for any employee classification whereby
their trade is covered by a collective bargaining agreement, or for any employee subject to prevailing wage rates.
G. A Remediation Worker (RW) is defined as a person who utilizes a respirator to protect himself /herself from the
potential exposure to any hazardous substance, including nuisance dust.
H. Warehousemen and drivers supporting the on site work activity will be billed at the General Laborer rate.
7. Equipment Rental Considerations.
8. Items subject to availability.
Temporary Warehousing - Price Schedule (Schedule q
Option I
Storage Containers
No.
Description
Rate
Unit
TW001
40' Conex Box
$3,150.00
Per month
TW002
20' Conex Box
$2,100.00
Per month
Note: Transportation not included.
Option 2
_Fabric Structures (Reinforced)
No. Description Rate Unit
TW003 82' w x 98' 1, 10' side, 23' peak Structure $14,283.99 First month
TW004 $13,224.96 Each additional month
TW005 $6,099.75 Per month (6 mo. min.)
No. Additional Accessories:
TW050 Gable vent fan $5,811.75 Per fan
TW051 Manual roll -up door $4,520.25 Per door
TW052 Single personnel door $2,324.70 Per door
Note:
1. Transportation and installation are additional. Structure ships on one tractor trailer and takes
one -day for install of frame, fabric and lights.
2. Pricing is based on structure size. Workable dimensions are customizable, so pricing will vary
deepening on situational needs.
3. Items subject to availability.
Hazardous Materials General Labor - Price_ Schedule (Schedule J,
No.
Title
Level
Abbr.
Rate
Unit
HZL01
Project Manager
Upper Level
ULM
$216.85
Per hour
HZL02
Mid Level Manager
Middle Level
MLM
$161.30
Per hour
HZL03
Professional
Upper Level
ULP
$151.49
Per how
Middle Level
MLP
$116.15
Per hour
Lower Level -
LLP
$92.32
Per hour
HZL04
Technical
Upper Level
ULT
$97.61
Per hour
Middle Level
MLT
$73.66
Per hour
Lower Level
LLT
$52.80
Per hour
591884
Page 47 of 75
County of Orange, OC Public Works
Contract MA-080-11010203
AshRrltt, [tic. Attachment a
Contractor's Pricing
HZL05 Secretarial /Clerical
HZL06
Equipment Operator
$59.90
Per hour
HZL07
Laborer
$43.90
Per hour
IIZ1,90
Per diem
$135.58
Per day
Hazardous Materials Eauinment/Materials - Price Schedule (Schedule K)
No.
Description
Unit
Rate
IIZMOI
250 gallon Poly Tank
Day
$111.00
HZM02
Absorbent Boom -bas
Each
$132.00
HZM03
Absorbent Pads - boxes
Each
$138.00
HZ.M04
Air Compressor 185 cfm
Day
$130.00
IIZM05
Air Compressor Small
Day
$63.00
HZMO6
Air sampling Vacuum Pump
Da
$37.00
IIZM07
Bladder Pump
Da
$99.00
IIZM08
Cement - Bas
Each
$44.00
HZM09
Centrifugal Pump/Hoses
Da
$68.00
HZMIO
Chain saws
Da
$78.00
HZM11
Coil Roe
Each
$37.00
HZM12
Concrete Saw
Da
$71.00
HZM13
Conductivity, ph, thermometer Set
Day
$30.00
HZM15
Core Drill w. G' bit
Da
$146.00
HZM 16
Data logger with Transducers
Da
$188.00
HZM17
Disposable I micron Filter
Each
$26.00
HZM18
Dissolved Oxygen Meter
Da
$47.00
HZM19
Double Ring In(iltrometer
Da
$86.00
HZM20
Drum Roller compactor
Hour
$169.00
H'ZM21
Electric hand Tools drill, saw, sander etc)
Ea/day
$16.00
HZM22
Ex losimeter
Da
$32.00
HZM23
Gas Chromato ra h, portable
Da
$498.00
HZM24
Ground Penetrating Radar
Da
$1,039.80
HZM25
Hand Auger
Day
$14.00
HZM26
}land Tools per employee
Da
$32.00
HZM27
Harbor Boom
ft/day
$3.00
HZM28
High Pressure Steam Cleaner
Da
$193.00
HZM29
Mini Excavator
Hour
$58.00
HZM30
Oil Water probe
Da
$50.00
HZM31
OVA
Da
$203.00
IIZM32
Plate Compactor
Da
$127.00
HZM33
Ponar Dredge sampler
Da
$68.00
HZM34
Portable Light stand
Da
$63.00
HZM35
Portable Sampler Peristaltic um
Da
$68.00
HZM36
Safety Equipment Level C
Da
$78.00
HZM37
Safety Equipment Level D
Da
$156.00
HZM38
Sediment Sampler
Da
$40.00
HZM39
Street Sweeper
Da
$780.00
HZM40
Surve in E ui ment
Da
$58.00
HZM41
Teflon Bailer
Da
$11.00
HZM42
Teflon Tubing
Foot
$4.00
591884 Page 48 of 75
County of Orange, OC Public Works
A.vhBritt, Inc.
Contract MA- 080 - 11010203
Attachment it
Contractor's Pricing
IIZM43
Traffic control Vests cones barriers etc
Da
$86.00
HZM44
Turbidity Meter
Da y
$42.00
IIZM45
Vis ueen - Rolls
Each
$136.00
HZM46
Water level Indicator
Da
$48.00
IIZM50
workboat w/o motor
Da
$130.00
IIZM51
YSI Meter/ Multi meter
Da
$130.00
HZ.M52
Personal Protective Equip,, Level A DuPont RS562T)
Per Unit
$895.00
IIZM53
Personal Protective E ui ., Level B DuPont R3123T
Per Unit
$395.00
1IZM54
Personal Protective Equip, Level C DuPont C2127T
Per Unit
$195.00
HZM55
Cascade Air Filtration Panel
Da
$140.00
HZM56
Air Filtration Panel
Da
$55.00
117-M57
Airline Respirator
Da
$210.00
HZM58
High Hazard Personnel Decontamination
Per Kit
$40.00
HZM59
Low hazard Personnel Decontamination
Per Kit
$15.00
HZM60
Personnel Retrieval System
Da
$140.00
HZM61
Personnel Retrieval Harness
Da
$24.00
IIZM62
Combustible Gas Indicator
Da
$75.00
HZM63
Toxic Gas Detector
Da
$150.00
HZM64
Photoionization Detector
Da
$110.00
HZM65
Hazmat Kit
Da
$325.00
HZM66
_
Hand Auger, Stainless Steel
Da
$20.00
HZM67
_
hand O erased Transfer Pum p
Da
$65.00
H7-M68
I " Diaphragm Pum t"
Day
$125.00
HZM69
2" Dia hra m Pump (2 ")
Da
$160.00
HZM70
2" Diaphragm Pump S.S. (2" S.S.)
Day
$275.00
HZM71
_
3" Diaphragm Pump 3"
Da
$250.00
HZM72
6" Diaphragm Pump 6 ")
Da
$1,280.00
HZM73
V Suction or Discharge Hose (1")
Da
$46.00
HZM74
2" Suction or Discharge Hose (2" )
Da
$70.00
HZM75
3" Suction or Discharge Hose (3")
Da
$90.00
HZM76
_
6" Suction or Discharge IIose (6" )
Dam
$145.00
HZM77
2" Chemical Suction or Discharge Hose (2 ")
Da
$140.00
HZM78
3" Chemical Suction or Dischaz a Hose 3"
Da
$180.00
HZM79
6" Chemical Suction or Discharge Hose (6" )
$650.00
HZM80
Diesel Powered Generator 60 -80kw
Da
$245.00
IIZM81
Electrical Cord Station 50'
Da
$35.00
HZM82
Spike Bar
Each
$40.00
HZM83
Airless Spray With operator)
Da
$275.00
HZM84
_
Pressure Washer With operator)
Da
$255.00
HZM85
Water hose Section (Garden)
Each
$35.00
HZM86
Cutting Torch (With operator)
Da
$175.00
HZM87
Wire Welder (With operator)
Da
$225.00
HZM88
Air Blower (With operator)
Da
$175.00
HZM89
HEPA Vac (With operator)
Da
$480.00
HZM90
Barrel Cart
Da
$15.00
HZM91
Wheelbarrow
Da
$15.00
HZM92
Oil Dry Spreader
Da
$18.00
HZM93
Traffic Control Vest, Cones Flags, Barrels, etc
Da
$225.00
HZM94
Drill w/ Bits
Day'
$40.00
591884 Page 49 of 75
County of Orange, OC Public Works Contract MA -0804 10.10203
Ash Britt, Inc. Attachment 8
Contractor's Pricing
IIZM95
Grounding Cable and Rod
Da
$15.00
IIZM96
Circular Saw
Da
$30.00
HZM97
Hand Tool per employee *(shovels, brooms etc.
De
$30.00
HZM98
Tool Kit Hammers, Pliers Screwdrivers
Da
$45.00
HZM99
Wrench Kit (Boar, wrench, speed, etc
Da
$25.00
IIZM100
Step Ladder
Da
$9.50
HZM101
Extension Ladder
Day
$11.50
TIZM102
Photographic E ui ment
Da
$125.00
HZM103
Level A Suit Ka let Responder)
Each
$800.00
HZM104
Level B Suit (Kappler Responder)
Each
$350.00
HZM105
Level CSuit (Kappler Responder)
Each
$225.00
IIZM106
T vek Coveralls DuPont
Each
$8.00
H'ZM107
Proshield DuPOntNG127s)
Each
$7.00
HZM108
Saranex DuPontSL127T
Each
$30.00
HZM109
Acid Suit
Each
$95.00
HZM110
Rain Suit
Each
$35.00
flZ,M111
Neoprene Gloves, Pair
Pair
$12.00
HZM112
Nitrile Gloves, Pair
Pair
$8.00
IIZM113
Silvershied Gloves
Pair
$12.00
HZM114
PVC Gloves
Pair
$3.25
HZM115
Cotton or Latex Gloves _
Pair
$1.00
HZM116
Leather Work Gloves
Pair
$12.50
HZM117
PVC Boots (Haz Mat) _ _
Pair
$32.50
HZM118
Boot Covers
Pair
$8.00
HZM119
Hearing Protection _
_Pair
$0.40
HZM120
Detector Tubes
Each
$18.00
HZM121
Ph Paper
Pack
$25.00
HZM122
Spill Classifier
Each
$15.00
HZM123
Respirator Airline 50' Section
Each
$175.00
HZM124
Respirator Cartridges
Pair
$35.00
H7M125
Handheld Radios
Each
$75.00
HZM126
5 "x10' Absorbent Boom - Petroleum (CEP- WB510)
Bale of
$105.00
HZM127
8 "x10'AbsorbentBoom- Petroleum CEP- WB810)
Bale of
$155.00
HZM128
3"x 12' Absorbent Boom - Universal CEP- HAZSOCIO
Bale of 4
$70.00
HZM129
Absorbent Pads Bundle - Petroleum (CEP- WP100H or ual)
Bundle
$87.50
HZM130
Absorbent Pads Bundle- Universal CEP- OPP15or ual)
Bundle
$132.50
HZM131
Oil Dr (CEP- FLAB50 or equal)
Bag
$15.00
HZM132
Peat Moss CEPEXSORB ore ual
$35.00
HZM133
Vermiculite (CEP -VERM4 or ual)
$30.00
HZM134
Soda Ash Bag CEP- SODASH or equal
C(401b)
$30.00
HZM135
4 mi120x100 polyethylene (4 mil)
$70.25
HZM136
6 mil 20x100 of ethylene (6 mil
$89.00
HZM137
6 mil bags (6 mil)
$92.00
RZM138
Duct Tae /A
Roll
$5.00
HZM139
55 Gallon Drum Overoak CEP- 1230YE orequal)
Each
$110.00
HZM140
55 Gallon Drum Liners 10 mil)
Each
$11.25
HZM141
Fiber Drums 55 gallon
Each
$55.00
HZM142
30 Gallon Ove ak CEP- 1230YE orequal)
Each
$115.00
591884 Page 50 of 75
County of Orange, OC Public Works Conrruct MA-080-11010203
Ash Britt, Inc. AtrachmenrR
Contractor's Pricing
HZM143
95 Gallon Ove ak (CEP- 1237YE or equal)
Each
$275.00
14ZM144
DOT Hazardous Waste Labels DOT
Box
$35.00
IIZM145
Fire Extinguisher
Each
$75.00
IIZM146
Caution /IiazardTape
Roll
$9.25
IIZM147
Respirator Wi es
Box
$20.00
I-IZM148
Chem'la e, 10'roll Ka ler)
Roll
$15.00
Note:
Any other equipment used by subcontractor will be charged at Subcontractor rate plus 23%
1. Transport (0 -100 miles one way) and disposal of petroleum contaminated soil.
2. Includes pump, 100' of header pipe w/ well point 5' o.c., jet installation not to exceed 12'
deep.
Set up, take down, mob and demob is 1 charge at the weekly rate.
Note: Items subject to availability. Fuel surcharges may apply (negotiable at time nr NTP).
III. FIRM DISCOUNT AND PRICING STRUCTURE: Contractor guarantees that prices quoted are equal to
or less than prices quoted to any other local, state or federal govermnent entity for services of equal
or lesser scope. Contractor agrees that no price increases shall be passed along to the County during
the term of this Contract not otherwise specified and provided for within this Contract.
IV. PAYMENT TERMS: Invoices are to be submitted in arrears, after services have been completed and
li nding disbursement of the individual projects, to the address specified below. Payment will be net
thirty (30) days after receipt of an invoice in a format acceptable to County of Orange. Invoices shall
be verified and approved by the County and subject to routine processing requirements. The
responsibility for providing an acceptable invoice rests with the Contractor.
Billing shall cover services and/or goods not previously invoiced. The Contractor shall reimburse
the County of Orange for any monies paid to the Contractor for goods or services not provided or
when goods or services do not meet the Contract requirements.
Payments made by the County shall not preclude the right of the County from thereafter disputing
any items or services involved or billed under this Contract and shall not be construed as acceptance
of any part of the goods or services.
V. PAYMENT — INVOICING INSTRUCTIONS: The Contractor will provide an invoice on the Contractor's
letterhead. All invoices must be submitted in a CaIEMA/FEMA acceptable format. Each invoice will
have a unique number and will include the following information:
1. Contractor's name and address
2. Contractor's remittance address, if different from 1, above
3. Name of County agency /department
4. Delivery/service address
5. Contract number
6. Service Dale
7. Description of Tasks /Services (as specified above)
8. Hourly Rate, Classification/Title and Number of Hours for each Task/Service
9. Total
10. Taxpayer ED number
591884 Page 51 of 75
County of Orange, OC Public Works Contract MA- 080 - 11010203
Ash Britt, Inc. Attachment
Contractor's Pricing
The responsibility for providing an acceptable invoice to the County for payment rests with the
Contractor. Incomplete or incorrect invoices are not acceptable and will be returned to the Contractor
for correction. Invoices and support documentation are to be forwarded to:
County of Orange - OC Public Works
Purchasing and Contract Services
Attn: Accounts Payable
300 N Flower, 8 °i Fl.
Santa Ana, CA 92703
591884 Page 52 of 75
County of Orange, OC Public Works
Ash Britt, Inc.
ATTACHM ENT C
STAFFING PLAN
1. Krw PERSONNEL TO PERFORM CONTRACT DUTIES
Contract MA -080- 11010203
Attachment C
Stang Plan
Name
Classification/Desiguation
Years of
Experience
Contractor or
Subcontractor
John W. Noble
Operations Manager
25
AshBritt, Inc.
Dow Knight
Asst. Operations Manager
16
AshBritt, Inc.
Robert Ray
Contract Admin./ QC Manager
12
AsliBritl, Inc.
Adrian Parker
Project Manager
10
AshBritt, Inc.
Bill Johnson
Debris Site Manager
30
AshBritt, Inc.
Mark Berge
Special Operations Manager
21
AshBritt, Inc.
Jim Rollette
Asst. Special Operations Manager
20
AshBritt, Inc.
Daniel Demideo
Asst. Project Manager
20
AshBritt, Inc.
Ralph Dahl gren
Administrative Manager
18
AshBritt, Inc.
Contractor understands that those individuals represented as assigned to the project must remain
working on the project throughout the duration of the project unless otherwise requested or approved
in writing by the County. Substitution or addition of Contractor's Key Personnel in any given
classification/title shall be allowed only with prior written approval of the Comity Project Manager.
During the term of this Contract, Contractor shall maintain a business office in Southern California.
The Contractor may reserve the right to involve other Contractor personnel, as their services are
required. The specific individuals will be assigned based on the need and timing of the
service/classification required. Assignment of additional key personnel shall be subject to the
County's written approval. County reserves the right to have any of Contractor personnel removed
from providing services to the County under this Contract. The County is not required to provide any
reason for the request for removal of any Contractor personnel.
2. SUBCONTRACTOR(S)"
In accordance with Article 30, "Assignment or Subcontracting," listed below are subcontractor(s)
anticipated by Contractor to perform services specified in Attachment A. Substitution or addition of
Contractor's subcontractors in any given project function shall be allowed only with prior written
approval of the County Project Manager.
Company Name &
Contact Name & Telephone
Project Function
Address
Number
Filter Recycling
Jon Bennett
HazMat Specialist
180 W. Monte Avenue,
909.873.4141
Bloomington, CA 92316
Claus Construction
Steve Tadlock
Demolition and Clean -up
8956 Winter Gardens Blvd.
619.390.4940
Lakeside, CA 92040
B &D Construction
Brad Vemaci
Clean- up/Recycling Services
145N. Tenth Ave.
909.949.0360
Upland, CA 91786
"Please note that the complete list ofall Subcontractors to be utilized by the Contractor is onfile.
591884 Page 53 of 75
County of Orange, OC Public Works
AxhBi lac..
ATTACHMENT
CONTRACTOR'S SUBCONTRACT PLAN
yA�ShBritt
M112 Environmental
Ash Brill nose Suhconnacling Plan
Contract MA- 080 - 11010203
Attachment D
Contractor's Subcontract Plan
Subcontractor pan ici pal ion in any disaster recovery project is instrumenlaIto the success of any recovery. As such, it is
imponant dint the Client filly appreciates and comprehends the subcontracting plan and compliance controls exercised
by the Con raclor. AshBritl will make every reasonable attempt to use local fimrs in file recovery mission.
Ashnriu ties Always maim ined a solid comminnenl and plan for the inclusion of local, small, minority and
disadvnntaged businesses. Mm'e importnnlly, we have the historical darn and references to substantiate this.
Ash Br it clearly understands the complex perceplion that limits the paricipation ofsmall, minority and disadvantaged
business enurprises on projects. We typically look over these perceptions, simply because the employment ol'these
companies historicnlly benefits all smkeholders after a disaster event: the local community, Ihr firm itself, us as a prime
contractor, and the client.
AshBrim tins the experience in managing sensitive relationships in complex projects such;ls disaster iveovery, including
partnering, teaming, and joint ventures with both small and large firms. We pride ourselves ou undixstanding our role
as a professional stakeholder within d,cse relationships and we stay committed to local team building and developing
quality relationships.
AshBrim makes ongoing efforts to create new subemnmdar relationships. We wvlcan:c -,my referrals by local
representatives to meet and to confer with nor ive subcoalracons. It hehoovrs all parties involved io establish
relationships and commitmeras prior IU any stator event.
1. General Subconfrnefing Plan
lire objectives, procedures, and requirements that folly, constitute the General Subcontracting Plan for
STATWCOUNTY /M UNIAURISD.
In. Plan Objective
The General Subcontracting Plan alma with the Subcontracting Planfar Small Business and Disadvantaged Business
and the Planfar Preference to Land Fin :a in Major Disasler Areas has been developed by AshBrim, Inc. to accomplish
the following objectives:
• Set quality standards for all prospective subcontractors.
• Development ofa professional and capable national work force.
• Establish procedures that promote work force diversity and inclusion ofsmall and disadvantaged
subeanuactors.
to Ensure real participation oflocal firms in the disastecara.
]h. Subcontractor Guidelines
All potential subcontractors most mat the following guidelines and execute the referenced documents prior to being
certified to work as an AsbBritt subcontractor.
• Favorable evaluation from a prior AsbBrin project (if applicable) or a favorable recommendation from the
last three projects ofany type.
• Passing inspection ofall equipment to be deployed on the project.
• Certificate ofinsurance with limits as set in i.e.
• Executed Drug Free Work Force Compliance form.
to Executed Debarred or Suspended Contractor Compliance form stating that the firm is not and bell never
been debarred or suspended from a federally funded project.
AshBrim, Inc. I Subcontracting Plan
591884 Page 54 of 75
2010
County of Orange, OC Public Works
Ash Britt, Inc.
Contract MA- 080 - 11010203
AtrachmeutD
Contructor's Subcontract Plan
• Executed Debris Eligibiliti-Soindards its developed for each prej tics.
• Executed Ash Brill Subconnoct A,,;rccmean defining the subcontriclo: scope ofwork, responsibilities,
nccountnbilities, and language finding the subcuntractot to compliance wish FAR and FEMA regulations.
• Executed hold harmless agreement grunting indemnification to Ash Britt and
ST A'I F ✓C O I)NT Y /M U N I /JLI R I S D.
• Agrccnt ent of compliance with all applicable fedeal, slate, and Nicol Inx, onemploymmrl cnnipenselion.
anal workers compensation laws.
• Agreement of compliance with all safety policies as mandated by S I'Al'F. /COUNTY /MUNI /JURISD,
Florida, federal government or other public authority.
• An unconditional release of lien to be executed with each contract payment.
le. Iasm'nnce Requircmcnl..,
The insurance requirements for firms subcontracting to AshLh ilt, Inc. will differ based on N:, em, unl ofrevenue it is
muicipated the fine will earn during the project. Pines who anticipate revenue exceedins '.1 :10.(u u, (Tier 1) will be
required m maintain a higher level of insurance than firms who anticipate revenue of less C,m: Si Op., ,, ('tier 2).
1) Insurance requirements for Tiet I finny are:
• Workers Compensation and Occupational Disease (`..verage— in accordance with statutory
limits.
• Comprehensive Automobile Liability Insurance - Rout, I li:.r and properly damage with
minimum limits of S1,000,000 combined single limit.
• Comprehensive General Liability — Bodiip howry and Properly Damage coverage with a
minimum of$1,000.000 per occurrence and j1 .000,000 per aggregate (per location aggregate
endorsement to apply).
• Blanket additional insured endorsement r:. µshed.
2) Insurance requirements for Tier 2 Ft o.s arc:
• Workers Compensation and U.. :'pational Disease Coverage— in accordance with statutory
limits.
• Comprehensive Aulc ,. it; ;I. ! hilt. Insurance - Bodily Injury and property damage will)
minimum limits of $SUr.'100 c. of ined single limit.
• Comprehensive Genet nl Lin! -dity — Bodily Injury coverage with a minimum of$500,000 per
occurrence - %1,000,000.
3) Exceptions to th, in•. : : :: :ace requirements are provided for local firms, local small business firms, and
local small disad.'. uitac :! .. : is (3.c.7).
Id. Subconfracting Plan for Small Business and Small Disadvantaged Business
Agency:
It.'I,;I :N 11
Solicitation:
Disaster I `ebris Managemem /Cleanup Services
Conlraclor.
Ashllriu, Inc
Address:
480 S. Andrews Ave, Ste.103
Pompano Beach, FL 33069
Thai fo/lmring, together trilh airy attachments, is submined to satisf, applicable regvirunenn afthe solicilation for a
5..all Business Subconb'acling Plan ("Plan').
le. Subcontracting Goals
The following are AshBritt's planted percentage of the total contract to be subcontracted and its goals for the use of
small business (SB), veteran -owned small business (VOSB), HUBZone small business (HZSB), small disadvantaged
business (SDB), and women -owned small businesses (WOSB) concerns, expressed as percentages of the total planned
subcontracting dollars. (The plop may include all lower -Tier subcontracts That eonrribule to subcontract performance
AshBria, Inc. I Subcontracting Plan
591884 Page 55 of 75
2010
County of Orange, OC Public Works
AshBrift, Inc..
Contract MA -080 - 11010203
Auachnfenf D
Contractor's Subcontract Plan
and a prope,lionate share nfprorh,vrs mat services that ate normally allowed (is i ..th eel cost'):
I ) Pei of project Do) lam to be Subcontracted
75.0%
2) Percentage of Locn] Subcontractor Participation
60.0%
!) Goal fur Small Businesses (SB):
40.0%
4) Goal for Minority Participation (MBF)
25.0%
5) Goal for Veteran -Owned Small Businassts(VOSB)
9.0%
(including Service- Disabled VOSB):
procedure guidelines
b) final for HUBZoac Small Businesses (IIZSB):
4.0%
7) Goal for Small Disadvantaged Businesses (SDB):
5.0%
g) Goal for Women -Owned Small Businesses (WOSB):
5.0%
IL Supplies and Services
"fhe following is a description of the principal types of supplies and services to be subcontracicd,:md an idenli fication
ofthe types available and projected for subcontracting to SB, VOSB, H7-SB, MBE, SDB.:atd \PCISB concerns:
• Debris collection from ROW and ROE (if applicable)
•
Debris separation and reducti. -a
• IIIIW collection temns(if applicable)
•
Dbris hauling
• Technical assistance with regard to FEMA policy and
•
Envirmtmenlal assessment
procedure guidelines
•
Huzardou> material containment and remediation
• Assistance in procuring qualified SB, VOSB, I1ZSB,
•
Data entry pe"t•nnrl staffing
SDB, and WOSB subcontractors to meet targeted
•
Lodging
goals
•
Equipment and vehicle pans and repairs
• Quality control pet- sanncl
•
Office equipment and supplies
• Aerial hazard mitigation
•
fuel and fluids supply
• TDSR site development and maintenance
•
Skilled and unskilled labor staffing
-- lg. Development of Goals
The subcontracting goals and the list of principal supplies :aid services to be contracted were developed after a review
of past performance regarding the historic level of subcontracting to all types of Small Business Concerns and die scope
of work subcontracted by AshBritt during disaster recovery projects. Whenever possible, AshBrin will determine the
availability of qualified SB, VSOB, II. ?SB. SDB, or WSOB concerns for the needed goods or services. AshBritt will
investigate the Small Business firm's capahilitics, experience, and references to determine proper qualifications for the
proposed scope of work.
Ili. Sonrces for Identifying Small Business Concerns
The following is a description of-the sources that may be used to identify potential Small Business concerns:
• AshBritt subcontractor database (example attached)
• [CLIENT] vendor list
• Local Offices/Organizations of Supplier Diversity/Small & Minority Biz Opportunity
• DOT DBE Directories (Online)
• www.pro- net.sba.gov, the Small Business Administration on -line database of small businesses
• www.sba.gov/hulawne, the Small Business Administration on -line database of locations that qualify as HI1B
Zones
• Governments] Contractors, Inc.
• Veterans service organizations
• National Minority Purchasing Council Vendor Information Service
• Research end Information Division ofthe Minority Business Development Agency in the Department of
Commerce
• Local Chambers of Commerce
Ii. Indirect Costs
AshBritt, Inc. I Subcontracting Plan
591884 Page 56 of 75
2010
County of Orange, OC Public Works
AshBrllt, lite.
Contract MA-080-11010203
Attachment D
Contractor's Subcontract Plan
I odiren costs have not been included in file percentage subcontracting goals as identified.
Ij. Subcontract Program Administration
The following individual will administer file Small Business Subcontracting Prtgrern:
Nona,: Tim Mooney Phone: 954-545 -3535
Title: Sr. Marketing Coordinator Fax: 9545453585
Address: 480 S. Andrews Ave, Sic. 103 Email: onooneyCtashbriu.cont
'file specific duties as thev retire to fire Subcontracting Plan We ar. follows:
• Reviewing, monitoring. and file overall general execution of the AsbBriu Wbcuntrc!ing program.
• Obtaining SB, VOSB, HZSB, MRE, SDB, and WOSB sources 0ant all applicnh.:c :igrneies such as the SBA.
• Ensuring inclusion of SB, VOSS, HZSB, MBE, SDB, and WOSB sources ir:r soli: L,itions where
appropriate.
• Monitoring comi performance and making adjustntents neceseop• to achies, 1h. lbcontractor plan
goRIS.
• Reviewing solicitations to remove statements, clauses, ea that m.ry tend to prohibit SB, VOSS, HZSB,
MBF, SDB and WOSB parniclpoairi
I k. Elfools to Assure SB Opportunity
The following efforts will be Liken to assure that SB, VSOB, H.-:$i 't IRE, SDB, and WSOB concerns will have an
equitable opportunity to compere lot subcontracts:
• Contacts with SBA, utilizing PRO -Net to b..nue local Small Business concerns
• Contacts with Minority and Small Butiirc :< Trade 4ssociations
• Contacts with Minority and Small Bu.incs Wade associations
• Attendance at Small and Minority Bu: -mess piozurement conferences and trade fairs
• Contacts with veterans service organizmior� ,
II. Flow -Down Clause
As1113ritt will include the "Utilizati or:. -,mall Business Concerns" clause of the Federal Acquisition Regulation (FAR)
(Clause 52.219 -8) in all subcontracts, v,;iich offer barber subcontracting opportunities, and to require all subcontractors
(except SB concerns) hn receive subcontracts in excess of 5500,000 to adopt a subcontracting plan similar to this one.
Ira. Reporting anti C- 111crar ..in
Ash Briu will: I ) Cooper^c in any studies or surveys as may be required; 2) Submit periodic reports in order to allow
The Government to determine the extent of compliance by the Subcontractor with the subcontracting plan; 3) Submit
Standard Form (SF) 294, Subcontracting Report jor Individual Contends. and /or SF 295, Sunrmory Subr000acr Repoli,
in accordance with the instructions on the forms or as provided in agency regulations and in the Subcontract; and 4)
Ensure that its subcontractors agree to submit Standard Forms 294 and 295.
In. Record Keeping
Ash Briu will maintain records demonstrating that procedures have been adopted to comply with the requirements and
goals in this plan. The records shall include at least the following:
Source lists (e.g., PRO -Net), guides, and other data identifying SB, VOSS, HZSB, MBE, SDB, and WOSB
concerns.
Organizations contacted in an attempt to locate sources that are identifying SB, V OSB, HZSB, MBE. SDB,
or WOSB concerns.
Ash Britt, Inc. I Subcontracting Plan
591884 Page 57 of 75
2010
County of Orange, OC Public Works
Ash Britt, /rte.
Contract MA -080- 11010203
Anacbment U
Contractor's Subcontract Plan
• Records of any outreach efforts to contact: 1) trade associations, 2) business development orgonizations; and
3) conferences and trade fairs to iodate SR, VOSB. ITZSB, MBE, SDB, and WOSB sources.
• grounds of internal guidance and euco uragenmm provide,] to buyers through: I) workshops, seminars,
training programs, etc.; and 2) monitoring performance to evaluate compliance with the program's
requirements.
to. Plan for Preference to Local Firms in Major Disaster Arens
Preference will he given, to the extent feasible and practical, to those organizations, limns, and individuals residing or
doing business primarily in the area affected by a major disaster or emergency.
Ip. local Pnrlicipxtion Goals
The following are AshBrilt'.s goals for local participation through contracting and the sale of ton ds and services,
expressed as percentages of the total planned subcontracting dollars and direct costs.
1) Sale orgoods and services 70.0
2) Subcontracting 55.0
Iq. Supplies and Services
The following is a description ofthe principal Types of supplies and services to be r :uNentracted or purchased directly
from the local supplier.
• Debris collection from ROW and ROE (if applicable) ni- .mtrnetorS
• Staffing for HHW collection teams (if applicable) Luhing
• Aerial hazard mitigation • Equipment and vehicle parts and repairs
• I DSR site development and maintenance • (nRice equipment and supplies
• Debris separation and reduction • Fuel and fluids supply
• Data entry persnmrel • Skilled and unskilled labor
Advertising- Recruitment for local staff and
Ir. Development of Gonis
The local participation goals and the list of principal supplies and services to be contracted were developed after a
review of past performance regardlne the historic level of subcontracting and purchasing of supplies and services as
provided by local business concerns In AzhBrllI during dimsler recovery projects. Ashlintl will investigate the local
firms capabilities, experience, and rrterences to determine proper qualifications for the proposed scope of work.
Is. Sources for Identifying Local Business Concerns
The following is a description of the sources that maybe used to identify potential local business concerns
• AshBrin subcdntramer database
• Local Chamber of Commerce
• Recommendations from the [CLIENT)
• Local trade associations
• Local civic associations
• Public Service Announcements from local government requesting local contractors for participation in the
recovery effort
• www.ptc- md.sbs.gov, the Small Business Administration on -line database of small businesses
H. Local Subcontractor Special Requirements
Lam) subcontractors are required to meet the General Subcontractor Standards with the following exceptions:
1) Insurance. So as not to impose standards that maybe exceptional to the local subcontractors and thereby limit
their potential participation AshBrin will offer optional insurance levels 10 local firms. Local firms will be
AshBritt, Inc. I Subcontracting Plan
591884 Page 58 of 75
2010
County of Orange, OC Public Works
A.hhifritt, Inc.
Contract MA- 080 - 11010203
AaachmentD
Contractor's Subcontract Plan
required to nminnio insurance levels its set by the STATUCOUNI'1' /MIJNI /JUR IS contracts less that
5100 000 or by the AshB,iu titsnnmce requirements for Tiet 2 subconVactors. whichever is less.
2) Recommendation. One favomble reference Ibr any completed project with it local govennnent
(County /CirydPownl is equivalent to the engirt tegniremem Ihr references required from a non -local firm.
2. Subconnactor Cnnt plimu•c
To ensure that the subcontractors deployed by AshBritl fully understand the guidelines under which the
STATE/COUNTY/MI 1NI /JUR IS recovery project will be conducted the fol Iowine Compliance Form (auachment)
will be CFCCnIe(f in addition to the Smbcoeracto, AgYenren/ (auachntent).
Ash Britt, Inc. I Subcontracting Plan
591884 Page 59 of 75
2010
County of Orange, OC Public Works
Ash Britt, Inc.
AshB rift
REnvironmental
Ashf , itt Compliance Agreement
Company Nn ... c:
Add, "s:
P, jeef:
Insurance Guidelines
Office Phone:
Cell Phone:
1. General Liability oj850OK for off-rood work El rnillion fiu on -road woe k
2. Auto Liabilit yo( s500K./ nrgJf- rnarlwrirk ,Simillionforon- riwdwwk
3. Workers cmnpeasalion at state limits.
4. 1 underafarrd that nn .. heels will be maned to my canrpnny rnrfil
in ... rarrovi certifncalus reflronig the liana' above and namingAshli, ill
unit [CLIENTf os additional inward have been received in
Ore A.thBrat office.
Cmnpiiance Guidelines
5. / assure that 1 will pay in fdl all local suppliers and servrce proWders.
6. 1 agree to abide by all safety policies mandated by:I.chDi in. (CLIENT]
or other public authority.
7. 1 agree to comply o ah all applicable federal, state. and local laws.
8. 1 have read the anaehed EligibJig Siondards and will comply with
the standards as wrillen.
9. 1 will treat representatives ofFEM-1, jederol, state, and local authorities
with respect and will eu farm and crnnply with their direction.
10. 1 understand that r7rlulimr olany of the Compliance Guidelines may
result in my termination j ,•m the project.
Subcontractor Name Dale AShBYill, Inc
AshBrin, Inc. I Subcontracting Plan
591884 Page 60 of 75
Date
Yes
Contract MA -080 - 11010203
Attachment D
Contractor's Subcontract Plan
i
2010
County of Orange, OC Public Works
A,shBrht, Inc.
Contract MA -080- 11010203
Attachment D
Contractor's Subcontract Plan
hligibility Sbxndnrds
t;}inrriti /i�r raormnl
"/ ill eligible debris ('ram rlar Rights- oFu +n'. Public Proper'r.. and Publi, h muinlui nrd ur em within
.SI''d !'F / <'(.1UNT)' /h1UNILlURLS /,1 '
Ashgo ill ni /l enrpinr Ole fallowing lLigihili/v J'/nndrnds fm's /orron debris:
• Debri s must be generated by Flo,r i cat te (or other major catastrophe); debris deam mined not io be
generated by the Hurricane (or other major catastrophe) will not be collected or processed.
• Only debris or u'te haz;uds from the public rights. nLsvay of STATE /C'OUNTY /M UNI/JUR I S D can be
collected.
• Storm debris in the rights -of -wry ditches will be removed if it is in such u quanIiP. s, to ose nn ohstacIc to
proper drainage.
• Broken limbs hanging over the righl -of-way will be removed ifthey are likely to fal. . road or shoulder
area. Limbs likely to fell outside the ROW will not be removed.
• Leaning trees rooted in the right -of -wary will be removed if they pate o !.`neat i;all in the road, on a fence, or
public access way.
• Leaning b'ecs rooted on pmnte Prnperry will be cut at tl:.: ::peaty line and that puniun that ptmnules over the
right -of -way will be cut and removed.
• Split or broken trees in the right- ofnsmy will be saved at 01 :: closest point below the break or split that allows
fm a safe horizontal cut. Stumps will not be r:n oved unless : ontrachn is specifically directed by the Counly to
do so.
• While under contract with Ash Brill btpe n;aa.a- is arc prohibited from entering public property, accepting
payment from private homeowners, or st6 rha,� ntivate work.
• Contact an AshBritt Super.icot, Ash Brill Deoris Monitor or STATE/COUNTY/MUNUJURISU
Representative with any .pr:: tt••ns regarding eligibility.
AshBrin, Inc. I Subcontracting Plan
591884 Page 61 of 75
2010
County of Orange, OC Public Works
AshBria, Inc.
EXAMPLE CONTRACT
SURCONI'RACFACREEMEN'IF
Contract MA -080- 11010203
Attachment D
Contractor's Subcontract Plan
THIS SUBCON'1'AACh AGREf:MENT ( "Ar✓cemenl ") is entered into as of this (Iairk and type DAY]
day of (Clirk and type MONI'I f), 2006 by and between Ashfh in, Inc., it Florida eurpomliou, whose address is 480
South Andrews Avenue. Suite 103, Pompano Beach, Florida 33069 ( "Contractor "), and
Iia,rd tope of nuity . it applicable], whose address
Is C'SuhconlmGOr").
WHEREAS, Contractor entered into a convect for
jidenliR puyect and location for work) ( the "Project
Zfflt •): and
WHEREAS, Contractor desires to c lsige Suhcontmctor to provide the services set forth herein at the
Project Zone and Subcontractor desires to provide such services it the Project Zone pursuant to and in accordance
with the terms mod conditions of this Agreement.
NOW, THEREFORE, for good and voluable considemlion, the receipt arid sutficicacy of which are hereby
acknowledgel, and in consideration for the mutual covenants and agreements hereinafter set- forth, Contractor and
Subcontractor agree as follows: "ie.
I Cmanact Documents.
IA The Contract Documents for, this';- .'- >Agmemmril consist of
Identify Prime
Contract and Owner] ("Owner"), for :]. s (identify eencwl pwpose of prime
enntladj. including the statement of work and and conlracloF<' p)]"uemenls, insurance requirements, all terms and
conditions nod any other documents listed in or referred Io by IhbTrimc Contract (the "Prima (7untrnc(").
:.d,
1.2 The Contract Documents ge here6yYpcorporated by reference into this Agreement; rog v�Aed
however that notwithstanding the foregofnki r ly acknowledged and agreed by the parties that all
payment terra hclween Contractor and Owrta3•si'(54 h in the Contract Docunxnts are not incorporated by
reference and are expressly excluded from this ement. The Contract Documents are available in Contractor's
office and Subwnfractor acknowl Qg4tt it has carefully examined them and understands them completely.
1.3 Subcontractor is biignd�tl to Contractor by the terms of this Agreement, including those of the
Contract Documents, and 1,�1 asset owards Contractor, with respect to Subcontractors performance, all of the
obligations and repo "ibl ]ties whxh-Cmnlractor assumes towards Owner under the Contract Documents with
respect to the Subcon f,1n the even[ of any emolid between the terns of this Agreement and the terms of
any of the Contract umen or a conflict among any of the Contract Documents themselves, the provision
granting the greater righnAm dies to Contractor, or imposing the greater duty, standard, responsibility or
obligation on Subcontractor• as determined by Contractor, shall govern. Subcontractor shall bind its lower tic,
subcontractors and suppliers to all of the Wriour, mar, obligations and responsibilities which Subcontractor assumes
towards Convector hereunder.
2. Scone ofsubcontract work.
2.1 Contractor engages Subcontractor, as an independent contractor, to perform that part of the work,
which Contractor has contracted with the Owner to provide under the Prime Contact, as set forth in Exhibit "A"
attached hereto ("Subcontract Work').
2.2 Subcontractor agrees to perform the Subcontract Work under the direction of Contractor, and to
the reasonable satisfaction of Contractor aid Owner. Subcontractor agrees (i) to provide and pay for all labor,
materials, tools, supplies and equipment necessary to perform the Subcontract Work, except as otherwise expressly
provided herein, and (ii) to perform the Subcontract Work in strict conformity with the requirements of this
591884 Page 62 of 75
County of Orange, OCPublic Works
Ash Britt, lite.
EXAMPLE CONTRACT
Contract MA- 080 - 11010103
Attachment D
Contractor rs Subcontract Plan
Agreensnt. Subcontractor shall execute all Subnrmnno Work in the best and mosi wmkmnnlikr manner by
qu'atif"W. careful and efficient workers who shall he smisfaclury In Coauractm.
-. Coul, Cc San, and Payment Schedule.
3.1 In consideration for the Subcontractor's services hertunder. Contractor shall pay to Subcontractor
the contract sum set forth on E hibil „Fl.. all ached hereto ( "Contract Suni').
3.2 Contractor may deduct from any Contract Sum payment. tiny sum owed by Subcontractor to
C.anaour, either under this Agreement or any other agreement between Comraaor and Subcontractor. Further, in
the event of tiny breach by Subcontractor of this Agreement or any other agreement between Contractor and
Subcontractor, or in the event of the assertion by others of any claim or lien against Owner, Contractor, or
Conlmnot's surety, which claim or lien arises out of Subcontractor's performance hereunder. Contractor may, but is
not required to, retain out of any payments due Subcontractor, either under this Agreement or any other agreement
between Contractor and Subcontractor, an amount sufficient to protect Contractor and Owner from tiny and all loss,
damage or expense therefronn, until the breach Ins been cured or the claim or lien has been adjusted by
Subconnactor to the reasonable satisfaction or Contractor, even though Subcontract., may have posted a payment
or performance bond.
Prosecution of$ubfunlract ilVm'k.
4.1 Subcontractor aguees, within five (5) calendar days after notification by Contractor, to continence
its operations and to continue diligently in its performance of the Subcontract Wprk. Time is of the essence of this
Aereenicm.
4.2 Subcoulmclor shall cooperate with Coirtractorpnd other subcontractors whose work must be
coordinated with the Subcontract Work. Subcontractor shall, . send a representative, with fill] authority to act nn
hehtdf of and bind Subcontractor, to all meetings and conferences, as may bo directed by Contractor.
4.3 Subcontractor shall keep the project Zone clean from debris resulting from the performance of the
Subcottnact Work and shall remove ;and properly dispose of all debris generated by the execution of the Subcontract
Work. If the Subcontractor fails at any time to comply with this Section, within twenty-four (24) hours after receipt
of notice from Contractor of such noncompliance. Contractor may perfann such necessary clean -tip and deduct the
cost from any amounts due Subcontractor.
4.4 Subcontractor shall give adequate notices pertaining to the Subcontract Work to the proper
authorities and shall secure and pay for all necessary licenses and permits to cam on the Subcontract Work.
Subcontractor shall provide a copy of such notices, licenses and pemtiis to Contractor prior to the start of the
Subcontract Work.
4.5 Subcontractor shall at all times give personal superintendence to the Subcontract Work and have
at the Project Zone at all times when any of the Subcontract Work is being perforated a competent superintendent
satisfactory to Contractor and with authority to act for and bind Subcontractor on all matters arising out of or
relating to this Agreement.
49 Subcontractor shall assign only qualified personnel to perfon, the Subcontract Work. Contractor
shall have the authority, at any lime during the course of the prosecution of the Subcontract Work, to require
Subcontractor to remove or terminate any employee of the Subcontractor, if such employee is unsatisfactory to
Comraclor or Owner. Subcontractor shall immediately remove and replace the employee at no cost to Contractor or
Owner. including those costs resulting fiom delay or incRciency the change may cause.
4.10 Contractor may for any reason whatsoever suspend, in whole or in pan, performance of the
Subcontract Work and Subcontractor's performance under this Agreement. Contractor shall give notice, either .
written or verbally, of such suspension to Subcontractor specifying when such suspension is to become effective
and the scope of the Subcontract Work affected by such suspension. -
z-
591884 Page 63 of 75
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AshBrltt, ]nn.
Contract MA- 080 - 77070203
Attachment D
Contractor's Subcontract Plan
EXAMPLE CONTRACT
4.10.1 S..fiLti11S Perform rig Lpo I Suspension. from and upon Ibe effective (late of any
suspension order by Contramw, Subcontractor shnll out incur tiny (unbar expense o obligations in connection with
the suspended portion of the Subcontract Work. Prom and upon the effective dote of tiny suspension ordered by
Contractor, Subcontractor shall ulillre its best efforts to mitigate its costs resulting fnnu the suspension.
4.10.2 Result npl pn of S(bconlrnct Wok AW S u If Contractor lifts the suspension it
shall do so in writing and Subcontractor shall promptly resume perfonnance of the Subcontract Work unless, prior
to receiving the ounce to leimnc, Subcontractor has exercised its right of termination as provided in Section 8.6
herein.
4.10.3 No Claim lot Suspension. Contractor shall not be linble for any claims due to the
suspension of the Subcontract Work.
5. Insurance
5.1 Ptiot to starting the Subcontract Work, Subcontractor at its owli,expense, shall procure and
maintain in full force throughout the entire term of this Agreement, on all its aticad6ons, insurance in accordance
with the Prime Contract. Subcontractor shall not perform any Subcontract .Work unless Suhconmactor is and
remains insured in accordance wish the requirements provided under the prime Contraclr.'
e`rll,,:
5.2 The policies of insurance shall he in such form mid shall be issued by such company or companies
as may be reasonably satisfactory to Contractor. Before cotnmencirig.lhe Subcontract Work, Subcontractor shall
Furnish Contractor with certificates of insurance from the insuring com�anics, w)lich certificates shall specify the
effective dates of the policies, ilia limits of liability thereunder aqd contai C.* Itdvisino that such insurance will not
4 +. n
be cancelled or modified except upon thirty (30) days pngtywn�tFn notice to Coutructuc Subcontractor shall not
cancel any polities of inswnncr. required hereunder withpilt the prior written consent of Contractor. Except for
workers' compensation, Contractor and Owner shall be bpupd as additional insureds trader all policies to be
maintained by Subcontractor. ors.
53 Subcontractor may use atcombi' fliijb, of General Liability Insurance and Excess Liability
Insurance provided the sum of these insi tances, af- easecquals the amounts listed for the General liability
ra
Insunce. If Excess Liability Insurance is useJ ,"�UmBmlln Form' must be famished.
d.
5.4 The carrying of insumace shall not be deemed to release Subcontractor or in any way diminish its
liability, by way of indemnity w ol6brwise; as assumed by it under this Agreement.
6. Bonds.
6.1 Sud 6 ip is 1 O is not (check appropriate box) required to provide a performance and
Payment bond. If Su wnnacttir is required to provide a performance and payment bond, Subcontractor shall
fnrnish Contractor, in thlAfi0rnached as Exhibit C a full and duly executed performance and payment bond,
underwritten by a surety or sureties reasonably satisfactory to Commum, in the full amount ofthe Contract Sum m
be paid over the term of this Agreement. If such bond is required, Subcontmuor's failure to deliver a satisfactory
bond within (__) calendar days after the execution of this Agreement shall be deemed a material
breach by Subcontractor of this Agreement.
Initial Acknowledgment
of Selection Above:
Subcontractor Contractor
7. Inspections.
7.1 Subcontractor shall allow for the inspection ofthe Subcontract Work by Contractor, Owner or any
of their authorized representatives.
-a.
591884 Page 64 of 75
County of Orange, OC Public Works
AsbBritt, Inc.
EXAMPLE CONTRACT
Contract MA- 080 - 11010203
Anarchment D
Contractor's Subcontract Plan
1.2 Neither the review and neccou nce by Crnnrocru. nw the appiovi t by Owner or its representative.
At any of the Sobconrroc.t Work by Subcontractor shall ranee Suhconractor of liability for any deviations hum Lilly
requirement of This Aglcmnent unless specifically oelled to Conunctur's anenlion, in writing, "rid so acknowledged
try Contracts, in writing. Inspection or supervision by Contract., shall nor relieve Subcontractor of its obligations
herein.
'fens And Termination.
8.1 Ibis Agreement shun be corrmimas with the Prime Contact, unless this Agreement is
terminated early pursuant to this Section 8.
8,2 Should Subcontractor fail, in the reasonable opinion ol'Contracror, al any time and in any respect.
to (i) supply a sufficient number of property skilled emgdoyecs, (ii) prosecute the Sultcon ract Work with
promptness and diligence. or (iii) to perform the Subcontract Work in accordance wilh the requirenwnts of this
Agreement, Contractor may, al its option, provide such labor and services to perform the Subcontract Work and
deduct the cost thereof, together with all loss or damage occasioned thereby, from any money then due or thereafter
to been a due Subcontractor either under this Agreement or any other agreement between Contractor aul
Subcontractor. Contractor shall provide Amite, tithu written or verbal. ofany such failure to Subcontractor except
in air emergency, in which event, no notice is required.
8.3 Contractor may immediately terminate this Agreement if an Event of Default (as defined below)
his occurred, and such Event of Default is Lim cured by Subcontractor after receipt of notice, either written or
verbal, by Contractor of such Event of Default. For the purposes haeol; "Event of Default" shall mean
Subcontractor fins, nl any time, (i) refused or neglected to supply sufficient properly skilled employees of the proper
quality null quantity, (it) failed in any respect In prosecute the Subcontract Work with promptness and diligence in
accordance with this Agreement, (iii) caused by any action or omission Ilse stoppage or interference with the work
of Conlmctor or Other subcontractors. (iv) fiuiled in the performance of any of the covenants contained in this
Agreement or the Prime Contrnct, (v) breached any provision ofthis Agreement or the Prime Contract, and/or (v)
been unable to meet its debts as they mature. Upon termination of this Agreement pursuant to this Section,
Contractor may take possession of the Project Zone and Subcontract Work, including all materials, appliances and
equipment of Subcontractor at the Project Zone, and through itself or others provide labor, equipment and materials
to prosecute the Subcontract Work on such terns and conditions as Contractor deems reasonably necessary, and
Contractor shall deduct the cost thereof, including all charges, expenses, losses, costs, damages and attorney's fees,
incurred As a rest.], of Subcontractors failure to perform, from any money then due or thereafter to become due
Subcontractor either under this Agreement or any other agreement between Contractor and Subcontractor.
8.4 In addition, Contractor shall have the right to terminate this Agreement at any time, with or
without cause, upon notice, either written or verbal, to Subcontractor. Upon receipt of-such notice, Subcontractor
shall immediately slop performance of the Subcontract Work. In such event, Contractor shall pay Subcontractor for
that portion of the Subcontract Work actually performed in an amount proportionate to the Contract Sum.
Contractor shall not be liable 10 Subcontractor for any costs or damages, nor for prospective profits on portions of
the Subcontract Work not performed.
8.5 Front and after the effective date of any lermination, Subcontractor shall cease performance to the
extent of the tenninaled portion of the Subcontract Work and shnll not incur any fanner expense or obligations in
connection with the terminated portion of die Subcontract Work. Subcontractor shall terminate outstanding sub -
subcontracts and purchase orders related to the terminated portion of the Subconlmct Work unless directed to do
otherwise by Contractor. If so requested by Contractor, Subcontractor shall assign its rights, title and interest under
open sub - subcontracts to Contractor or its designee. Unless directed otherwise by Contractor, Subcontractor shall
settle the liabilities and claims arising out of the termination ofany sub - subcontracts. If so requested by Contractor,
Subcontractor shall vacale the Project Zone immediately.
8.6 Subcontractor may, upon notice, either written or verbal, to Contractor, terminate this Agreement
if the Subcontract Work required under this Agreement is suspended by Contractor in its entirety for a period of
seventy-Iwo (72) hours or more, through no fault of Subcontractor. In the event Subcontractor terminates this
Mme
591884 Page 65 of 75
County of Orange, OC Public. Works
AshBrltt, Inc.
Contract MA- 080 - 11010203
Atrachnnent D
Contractor's Subcontract Plan
EXAMPLE CONTRACT
Agrecmcm pursuant to this Section 8.6, Subcontractor shall be entitled to recover from Contractor as though
Contractor had terminated Subcontrnetor's perfonu:ume for r.onvcoicnce pursuant to Section 8.4 above.
J. Claims and Uisoules. '
9.1 Duch puny agrees that any claim or dispute between them arising out of this Agreement shall be
submitted to mcrliation administered by the American Arbitration Association under its Comntercinl Mediation
Procedure before, and its a condition precedent to, the initiation of any adjudicative action or proceeding. The
mediation shall be held in broward County, Florida. If either party refuses to medime the claims or disputes subject
m this Section, the other party moy compel the mediation of that dispute under the terms oft his Agreement.
9.2 Subcontractor shall carry on the Subcontract Work as directed by Contractor and maintain
satisfactory progress while any claim or dispute is being resolved.
10. Indemnification.
10.1 Subcontractor asstnmes full liability for any and all dinnnges, death or injury of nny kind to all
persons) (whether employees er otherwise) and property arising out of orf n anyi way connected with the
Subcontract Work or SubenmractoCs performance hereunder and shall to the fi lle'��ite &m permitted by law defend,
indemnify and hold harmless Contractor and Owner, and their respective parents, s4 !Ipries, affiliates, officers,
managers, members, agents, employees, will indemnilecs (collectively, the "Contractoe'Indemnified Par(jg ") from
and against any and all claims, losses, liabilities, suits, damages, finetedemands or expenses, legal and otherwise
(collectively, "Loss& "), arising out of or in any way connected with'the Subcontract Work or Subcolloactoes
performance hereunder, regardless of whether or not such claim, loss. suit, i�amnge or expense is cause) in pan by a
parry indemnified hereunder. Further, this indemnificatiorg;ilefriIle and hold harmless obligation is in addition to
any such obligation required by the terms of the Contract`cuooahts. If any claim or demand is made against the
Contractor Indemnified Parties for any matter enumerated hryrein, any payment due, or thereafter to become due,
Subcontractor shalt be held liable by Contractor to "extent n9gsary In cover such losses and expenses, including
reasonable attorneys' fees. As separate consideratio�irfor this indehmificntion, defense and hold harmless obligation
and any other such obligation to be provided by Sulftoonigpcior hereunder, the panics acknowledge :tad agree that
the first One Hundred Dollars ($100.00) 6�iy'i,(t�� oi�lUact'Sum paid to Subcontractor shall be paid as separate
consideration for. all such obligations of Subcod{i,so,6 4i6cunder.
>a
H. Compliance with Laws add- fef Siand�arJS.
_
11.1 All work, lobar, seryiees and materials to be furnished by Subcontractor must strictly comply with
all applicable federal, state -and local-pvvs, rules, regulations, statutes, ordinances and direcdves, including any
applicable environmental rul� and regulations and Federal Emergency Management Agency ( "FEMA ") policies
and procedures, (hereit�aR°'e0- -Uws ") now in force or hereafter in effect, including the Laws referred to in the Prime
Contract. Additional0,r9.b.9 mar agrees to comply with the applicable Laws referred to in the Prime Contract,
and further warrants and mp resents that Subcontractor is familiar with all applicable Laws including FEMA policies
and procedures. All work, labor, services or materials necessary to comply with said Laws will be furnished by
Subcontractor as pan of this Agreement without any additional compensation. Subcontractor agrees to indemnify,
defend and hold the Connector Indemnified Parties harmless from and against any and all Losses caused directly or
indirectly by its failure to fully comply with all Laws.
11.2 Subcontractor agrees that the prevention of accidents to workers engaged in the Subcontract Work
under Subcontactor is solely its responsibility. Subcontractor shall comply with all applicable safety laws and with
any safety standards established during the progress of the Subcontract Work by Contractor. If requested by
Contractor, Subcontractor shall submit a safety plan for review by Contractor. The review of any safety plan by
Contractor shall not be deemed to release Subcontractor or in any way diminish its liability, by way of indemnity or
otherwise, as assumed by it under this Agreement.
11.3 When so ordered, Subcontractor shall stop any part of the Subcontract Work which Contractor
deems unsafe until corrective measures satisfactory to Contractor have been taken. Should Subcontractor neglect to
-5-
591884 Page 66 of 75
County of Orange, OC Public Works
AshHritt, Inc.
EXAMPLE CONTRACT
Contract MA-080-11010203
Altacheraent D
Contractor's Subcontract Plan
adopt such CntTr.Ctive measures. Contracor ntay do so and deduct the cost from any payments due Subcontractor.
Subconlraclor $ball timely submit copies of all necident or injury reports to Cnnlraclor.
12. Assignment.
12.1 Neilher Ihic Agreement nor any interest therein only be transferred. volumnrily or involuntarily,
nor only the Suhconunat Work or any part thereof be subcnnnncmd by Subcontractor, withmn dm print writwn
consenl of C000nctor. Notwithstanding the foregoing, except as otherwise provided in this Agreenreol and /or the
Prime Contract, no assignment or subcontnsl by Suhcoometor shall relieve Subcontractor from its obligations to
Cornmelor.
13. Labor Relations,
13.1 Subconlraclor shall do whatever is reasonably necessmy in the progress of the Subcontract Work
to assure harmonious labor relations at the Project Zone and nr prevent strikes or other labor disputes.
Subaonlmctor shall employ only such labor as, to Commctor's reasonable stisfacTlon, will work in harmony at the
Project Zone and shall not use materials or employ means which may cause strikes or other labor troubles,
13.2 If requested by Contractor, Subcontractor shall conduct a criminal background check acceptable
m Cnutmctor no each and every employee and independent contractor it employs or engages to work at the Project
Zone. Subcontractor shall fully comply with all applicable laws relating to the terms and conditions of employment
Of any employee who is employed in connection with the Project Zone.
13.3 Subcontractor agrees not make, or cause any employee of independent contractor it employs or
atgagux to work at the Project Zone to make. disparaging remarks or comments with respect to Contractor, its
related a,lmes and the Owner.
13.4 Subcontractor's subcontractors shall comply with this Section 13 to the same extent required of
Subcmur actor and an express provision imposing such regniren cnts on lower tier subcontractors shall be included
in Ihcir subcontracts. Subcontractor shall indemnify, defend and hold the Contractor Indenmified Panics harmless
Gann and against any and all Losses resulting in any way, directly or indirectly, from Subcontractor's failure to
comply with the requirements of this Section' 13, including fees and costs incurred by Contractor or Owner in
enforcing this indemnity.
14. "faxes. Chorees.
14 .1 Subcontractor shall be responsible for all payments of taxes (whether city, county and/or state
taxes), contributions and/or premiums payable on its employees or on its operations under workers' compensation
laws, unemployment compensation laws, the Federal Social Security Act, health and welfare benefit plans, gross
business taxes, sales and use taxes and any other taxes, contributions and /or premiums which are payable by the
employers, and Subcontractor shall indemnify, defend and hold the Contractor Indemnified Parties hamdess from
and against any and all Losses resulting from Subcontractor's failure to comply with these requirements.
Subcontractor shall comply with all rules and regulations at any time applicable hereto and shall, on demand,
substantiate to Contractor's reasonable satisfaction That all taxes and other charges are being properly paid.
I5. Eaunl Ooobanumine.
15.1 Subcontractor shall not discriminate against any employee or applicant for employment because
of mce, creed, color, sex, age or national origin.
16. Additional Terms and Conditions.
16.1 The terns and conditions of this Agreemem are expressly modified and amended by those
Additional Terms and Conditions set forth in Exhibit "D" attached hereto ( "Additional Tem s and Conditions "), In
az
591884 Page 67 of 75
County of Orange, OC Public Works
AshRrltt, life.
Contract MA- 080 - 11010203
Anachment D
Contractors Subcontract Plan
EXAMPLE CONTRACT
the event that the terms and conditions of this Agreement emdlius with the Additional Tema and Conditions, the
Ack itioml Terms and Conditions shell prevail and control.
17. General Provisions.
17.1 The failure of Contractor to insist in any instance, upon strict compliance with fury of the
provisions of Ibis Agreement, or to exercise any options provided Contractor hereunder, shall not be muslmcd ifs ,
waiver of Contractor's right to thereafter require such compliance or to exercise such option.
17.2 This Agreement comprises the entire agreement between Cunbarter ;and Subcontracmr relating to
the Subcontract Work covered hereby and no other agreement, representation OF understanding concerning the same
has been made and no oral stalerrem, understandings or agreement shill affect the terns hereof. Further, nothing
herein shall create any relationship of agency, employment, contract, obligation or otherwise Wivem Owner and
Subcontractor.
17.3 To the best knowledge and belief of the parties, this Agreement ponlaim no provision then is
contrary to federal or Stara law, ruling or regulation. Flowever, if any provisio,,nn.{t5ediis Agreement shall conflict
with any such law, ruling or regulation, then such provision shall continue in e a ortlyt'lo the extent permissible.
In the cvcm any provision is thus inoperative, the remaining provisions shall, ne,Aigtya,,lesi, rfercmain in full force and
ctfcu. *+e Ji
17.4 This Agreement shall be construed and governed by, the laws of the Slate of Florida, without
giving effect to any choice or conflict of law provision or rule. Each oQipRarj0'irrevocably consents to die nom
exclusive jurisdiction of the coups of the Suite of Florida located in Bra%tril Counry, and of the United Slates
District Courts for the Southern District of Florida for the porposvc of any suit, notion, or proceeding relating to or
,rising out of this Agreement (a ^gejatW Proceedin¢ "y'_nnd .i I evocably waives, to the fullest extent it may
effectively do so, (i) any objection it may have to the laying ofv rue of tiny Related proceeding in any such court,
and (ii) the defense of any inconvenient forum to ll)eymalm an'i of any Related Procceding in any such court.
�— 17.5 fit any dispute, the prevoiligg parrysh'dll be entitled to at award of reasonable atmmey's fees,
paralegal fees, filing fees, court costs and ad, b{fi�'vet',ggsis involved in the dispute, including any appeals thereof.
17.6 This Agreement shall be binding'bh and more to the benefit of the heirs, successors and assigns of
the parties hereto.
4,W-
17.7 All sections and heddings are used for convenience only and do not affect the construction or
interpretation of this A�xapeWmtt.. S`+B
17.8 Thi(A . may be executed in any number of counterparts, each of which shall be deemed
to be an original but all of whit hall constitute one and the same Agrmment.
17.9 Unless the context of this Agreement otherwise clearly requires, references to the plum] include
the singular, the term "including" is not limiting and the terms "hereof," "herein," "hereunder" and similar terms in
this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement unless
stated otherwise. Additionally, the parties hereto acknowledge that they have carefully reviewed this Agrmment
and have had the opportunity to consult with legal counsel of their choosing with respect theuo, and that they
understand its contents and agree the this Agreement shall not be construed more strongly against any party hereto,
regardless of who is responsible for its preparation.
17.10 The following Exhibirs are attached hereto and made part hereof:
Exhibit Scope of Subcontract Work
Exhibit B Contact Sum and Payment Schedule
Exhibit C Bond Form
Exhibit D Additional Terms and Conditions
t.
591884 Page 68 of 75
County of Orange, OC Public Works
Ash Britt, Inc.
EXAMPLE CONTRACT
Contract MA- 080 - 11010203
Attachment D
Contractor's Subcontract Plan
1 7 . 1 1 9his Agreement nmy ool he modified o r e hanged except by it rerillen iosVwuem executed by ait or
the Parties.
17.12 Sccliml> 1. J;l, 5.4. 9. 10. 13. 14 and 17 xhn11 sm-,wi, the h,.... nl ton (if this Agrennent.
IN WITNESS WHLREOI'. the parties have excculed this Aiffro, rat as ul the Ante first wtillea abuve.
CON 'IHAC VOR: SUBCONTRACTOR:
ASIIRRITT, INC., a Florida corpuntlion
eorpomtioa
Print
-9-
591884 Page 69 of 75
a
County of Orange, OC Public Works
A,shBrltt, Inc.
EXAMPLE CONTRACT
EXHIBIT A.
SCOFF. OF SUBCONTRACT WORK
The scope of the Subcotdmcl Work shall he as follows:
Contract MA-080-11010203
Attachment D
Contractor's Subcontract Plan
This Exhibit nine] describe with specificity the services to be provided, cansistenI wills the Controlling
Documents referred to in the Prime Contract and federal and state regulation,.
EXHIBIT 13
CON172AC'I' SVM AND PA V MEW SCHEDULE
IDesetibe the consideration to be pnid to Subconlrnet and the paymesd terms(!, 'payments to be made
semi- moolhly, monthly, quarterly, annually, elc.)l 't•:,
Contractor shall retain 10% front ench payment made herein, and'upnn final funding, release by the Owner,
and fail and final lien release from Subcontractor, ConD actor shall MT die��+lgrsc the retained sums.
Attach Bond Form, if applicable or
EXHIBIT D
+n
ADDITIONAL TERMS AND CONDITIONS
(This Exhibit allows nddl terms and conditions that were negotiated between Contractor and
Subcontractor to be included. You mny not need this Exhibit for every subcontractor and if not, then we
would just put "NONE^ here]
_9_
591884 Page 70 of 75
County of Orange, OC Public Works
AsbBritt, Inc.
Ash ritt�
. Environmental
Memorandum
Date:
January 13.2010
To:
All Ash Britt Employees
From:
Randal Perkins. Chief Executive Officer
subject:
Affirmative Action Plan
DECLARATION OF POLICY:
Contract AfA -080- 11010203
Attachment D
Contractor's Subcontract Plan
Ash Rrin, Inc. affirms its coaumibnent to the precepts of our Affirmative Action Plan, which has
the purpose of maintaining equal employment and promotional opportunity, with pal ticular
emphasis on improving the minority and /or women workforce population and utilization of
minority and /or women owned professional firms, consultants and /or suppliers.
Special meetings will be conducted with supervisory personnel to explain the intent of the plan
and individual responsibility for effective implementation, making clear our commitment to the
program. Additionally, the plan will be discussed at employee orientations and management
training sessions.
Outside resources such as recruiters, subcontractors, vendors, and suppliers will be informed
verbally and in writing about our affirmative action policies.
Tim Mooney, Senior Marketing Coordinator, is hereby appointed the Corporate Affirmative
Action Officer. He will have the day -to -day responsibility for the implementation and
monitoring of our plan.
The Affirmative Action Plan is available for your review during normal working hours. For
review of the plan, please contact Tim Mooney at the Pompano Beach off ice.
<<Signed RP»
Randal R. Perkins, CEO
AshBrin, Inc.l Affirmative Action Plan
591884 Page 71 of 75
2010
AU.Om N
County of Orange, OC Public Works
AshBritt, Inc.
AshBritt
0 Environmental
Affirmative Action Plan
Programmatic Activities and Goals
Contract MA-080-11010203
Attachment D
Contractor's Subcontract Plan
Ash Britt, Inc. is committed to the principles of our Corporate Affirmative Action Plan in all aspects
of our business planning and decision making. Areas of pan icular focus as well as examples of our
efforts to mandate diversity are delineated below.
1. Employee Recruitment
The nature of our prime business, responding to natural disasters, is seasonal or at best periodic.
Therefore, our permanent employment base is limited to approximately 50 employees. When
deployed to a specific emergency, however, it may increase to 250 or more. Our recruitment
resources and facilities to manage such rapid employee growth effectively include:
AshBritt temporary reserve employee database — Developed since 1995, it includes
personnel that have participated in past projects and have received a positive employee
rating from their supervisors.
National employee leasing companies — National leasing companies that have
specifically targeted the construction and environmental industries to provide temporary
employees ranging in skill level from equipment operators to project managers to
engineers.
Local resources (from the ]motion in which we have been deployed) — These include
local employee leasing companies, local SBA office, local Dept. of Health and Human
Services, local trade organizations, reference from local authorities, local solicitations
for employment opportunities.
Examples of our commitment to our Affirmative Action Plan in using the recruitment sources
identified are as follows:
The individuals represented in the AshBritt temporary employee data base have been
applied to a Statistical Temporary Workforce Analysis that identifies weaknesses in the
diversity of the group and can help to ensure appropriate diversity in the project
workplace.
National leasing companies with which we have an association have been notified in
writing of our status as an EDE, and of our desire for diversity in the employees supplied
by their organization.
Local resources have been especially adept at providing semi - skilled labor and office
staff. One resource that has proven exceptional has been the Health and Human Services
"Workfare" program. AshBritt has been able to identify, recruit, employ, and train
several minority unskilled former welfare recipients. The experience and training they
receive as a temporary employee with AshBritt allows the individual to secure a long-
term skilled position.
AshBritt, Inc.I Affirmative Action Plan
Asharla, Inc.
591884 Page 72 of 75
2010
Allachnent
County of Orange, OC Public Works
Ash Britt, Inc.
11, Hiring Procedures
Contract MA-080-11010203
Attachment D
Contractor's Subcontract Plato
As discussed in the Recrmnnellt section. Ash Brilt uses Its Internal database of temporary employees
(ieservists) to fill permanent and temporary staffing needs. For instance, if a project requires a
Supervisor wide toazat (to Lis Materials training, we would query our database I'nr that skill. The
resultant peaonnel records will then he evaluated and n minimum nflwn out of the four company
owners will concur on employing the individual, on the pay rate, on per diem, etc. The database
does not contain fields indicating minority or gender status. All queries of the database are skill and
location driven, and all hires are approved by owners.
111. Promotion Procedures
As the four company principals participate in senior management positions, promotional
opportunities above field management are not realistically available. Six of As6Britt's twelve
permanent field superintendents arc minorities, and they all were identified from their excellent
performance as field employees. They were provided additional supervisory training and menlored
by a senior Project Manager (owner). All are also unqualified successes in their positions.
Iv. Training Procedures
.lob related Skill Training is offered universally to all employees with six months full time tenu e.
All costs associated with the raining are considered a Company expense and employees involved in
training classes ore compensated at their normal rate of pay dm ing the tenure of the training class.
Training opportunities include CDL license training, OSI -IA 40 hazardous materials training,
Contactors Quality Control training by the U.S. Army Corps of Engineers, and FEMA compliance
training.
V. Publicity
AshBriu prepares and submits numerous proposals in response to solicitations by municipal and
government enmities. Each proposal contains a section declaring AshBritt's policy regarding
affirmative action. The statement further commits AshBritt subcontractors to our affirmative action
policy. In addition, language is included in our Subcontractor Agreement that declares our support
for affirmative action and requires similar action by companies or individuals under contract with
Ash Britt.
AshBrin, Inc.I AtTmnative Action Plan 2010
Aeharia. Inc.
591884 Page 73 of 75
Altecbment
County of Orange, OC Public FVorks
AshBritt, Inc.
AshBritt
® Environmental
Procurement Policy
Contract MA -080- 11010103
Attachment U
Contractor's Sahcontract Plan
It is the policy of AshBrill, Inc. and all of its affiliates to afford equal opportunity to all vendors and
suppliers of material to us. Firms providing goods and services to AshBritt, Inc, shall not be
discriminated against based on the owners' race, age, sex, religion, status as a veteran or national
origin.
AshBritt, Inc. will:
• Solicit bids from all qualified firms, regardless of ownership, including use of lists of
qualified vendors maintained by the Department of Business Development.
• Evaluate all bids so as to further the principles of non- discrimination and equal oppurlunity.
• Ensure that final purchases are in accordance with the principals of equal opportunity.
• Ensure that all procurement actions such as repeat purchases, extensions, change orders,
acceptance policy, etc. will be administered without regard to race, age, sex, religion, and
status as a veteran or national origin.
Tim Mooney has been appointed Equal Opportunity Officer with the responsibility for the
coordination and implementation of the program with operating officials and supervisory personnel
Furthermore, he is responsible for reporting at regular intervals regarding purchases and
contracting.
We firmly endorse and support our Equal Opportunity Program, and have established an
Affirmative Action Program to ensure our continued commitment. We arc confident that all
AshBritt, Inc. management, employees, associates and suppliers will provide their full support,
cooperation and effort to ensure the committed successful achievement of this program.
AshBritt Management.
AshBritt, Inc. I Procurement Policy
MhBrin, Inc.
591884 Page 74 of 75
2010
Alta l ent
County of Orange, OCPublic Works
AshBriti, lite.
Ash:;..
Environmental
Grievance Procedure
Contract MA- 080 - 11010203
Auuachntenu D
Contractor's Subcontract Plan
Ash Britt, Inc. maintains a grievance policy for all employees to ensure that internal issues of
concern can be resolved in an open unthreatening environment. The policy describes a three -step
procedure for conflict resolution as follows:
All grievances must initially be presented to the employee's immediate supervisor. If
resolution is not achieved, the employee may proceed Instep number 2;
Grievances unresolved by the immediate supervisor are presented by the employee to the
project Manager who will issue a decision in writing within 48 hours of hearing the
gi ievamce;
3. If the decision by the Project Manager does not resolve the grievance the employee filly
request a meeting and review with an AshBi in principal.
(A minimum of two owners must be present to hear the grievance, which must be preserved
within a 30- minute limcfiame, with an additional 30 minutes reserved for questions and
answers. The principals will issue a decision in writing within 48 hours and the decision of
the owners is final.)
AshBrill, Ine.I Grievance Procedure
Ashen, Inc.
591884 Page 75 of 75
2010
Allachlnent
ATTACHMENT NO. la
Counry of Orange, OC Public Works MA- 080 - 11070203
Asbbrlu, lac.
AMENDMENT #1 (RENEWAL)
FOR
DISASTER - RELATED DEBRIS MANAGEMENT AND RECOVERY SERVICES
This Amendment is made and entered into as of the date fully executed by and between the
County of Orange, a political subdivision of the State of California, (hereinafter referred to as "County"),
and Ashbritl, Inc., with a place of business at 565 East Hillsboro Boulevard, Deerfield Beach, Florida
33441, (hereinafter referred to as "Contractor"), with County and Contractor sometimes individually
referred to as ( "Party") or collectively referred to as ( "Parties ").
RECITALS
WHEREAS, the County and Contractor entered into Contract MA- 080 - 11010203 for Disaster -
Related Debris Management and Recovery Services, (hereinafter referred to as "Contract "), effective
November 23, 2010 through November 22, 2013; and,
WHEREAS, both Parties now desire to renew the Contract for one (I) additional year, update the
Contractor's corporate address, and amend the Insurance and Indemnification provisions to ensure
compliance with current County requirements.
NOW THEREFORE, the Parties agree as follows:
ARTICLES
1. The term of the Contract shall be renewed for a period of one (1) year, effective November 23,
2013 through November 22, 2014.
2. Article "2. Term of Contract" of the Contract shall be amended to read in its entirety as
follows:
2. Term: Contract shall be effective November 23, 2013 and shall continue for one year
from that date, unless otherwise terminated as provided herein. This Contract may be
renewed upon expiration of this term, for one (1) additional year, upon mutual agreement
of both Parties. The County is not obligated to give a reason if it elects not to renew.
Renewal amendments may require County Board of Supervisors approval.
3. Article "21. Notices" shall be partially amended to read as follows:
Contractor: Rob Ray, Project Manager
AshBritt, Inc.
565 East Hillsboro Boulevard
Deerfield Beach, Florida 33441
Ph: 954.545.3535/Cell:954.868.9502
Email: Tray @ashbritt.com
4. Article "37. Indemnification and Insurance" shall be amended to read in its entirety as follows:
37. Insurance Provisions: Prior to the provision of services under this Contract, the
Contractor agrees to purchase all required insurance at Contractor's expense and to
deposit with the County Certificates of Insurance, including all endorsements required
herein, necessary to satisfy the County that the insurance provisions of this Contract have
been complied with and to keep such insurance coverage and the certificates therefore on
deposit with the County during the entire term of this Contract. In addition, all
591884 Page 1 of 5
Counry of Orange, OC Public Works MA -080- 11010203
Ashbritt, hie,
subcontractors performing work on behalf of Contractor pursuant to this Contract shall
obtain insurance subject to the same terms and conditions as set forth herein for
Contractor.
All self- insured retentions (SIRs) and deductibles shall be clearly stated on the Certificate
of Insurance. If no SIRS or deductibles apply, indicate this on the Certificate of Insurance
with a 0 by the appropriate line of coverage. Any self - insured retention (SIR) or
deductible in an amount in excess of $25,000 ($5,000 for automobile liability), shall
specifically be approved by the County Executive Office (CEO) /Office of Risk
Management.
If the Contractor fails to maintain insurance acceptable to the County for the full term of
this Contract, the County may terminate this Contract.
Qualified Insurer
The policy or policies of insurance must be issued by an insurer licensed to do business in
the state of California (California Admitted Cartier) or have a minimum rating of A-
(Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most
current edition of the Best's Key Rating Guide/Property- Casualty /United States or
ambest.com.
If the insurance carver is not an admitted carrier in the state of California and does not
have an A.M. Best rating of A -NIII, the CEO /Office of Risk Management retains the
right to approve or reject a carrier after a review of the company's performance and
financial ratings.
The policy or policies of insurance maintained by the Contractor shall provide the
minimum limits and coverage as set forth below:
Coverage
Commercial General Liability
Automobile Liability including coverage
for owned, non -owned and hired vehicles
Workers' Compensation
Employers' Liability Insurance
Environmental/Pollution insurance
Professional Liability Insurance
Coverage
Commercial General Liability
Automobile Liability including coverage
591884 Page 2 oj5
Contractor Minimum Limits
$5,000,000 combined single limit per
occurrence; $5,000,000 aggregate
$1,000,000 per occurrence
Statutory
$1,000,000 per occurrence
$5,000,000 per claims made or per
occurrence
$5,000,000 per claims made or per
occurrence
Sub - Contractor Minimum Limits
$1,000,000 combined single limit per
occurrence; $2,000,000 aggregate
$1,000,000 per occurrence
County of Orange, OC Public Works MA -080- 11010203
Ashbrin, Inc.
for owned, non -owned and hired vehicles
Workers' Compensation Statutory
Employers' Liability Insurance $1,000,000 per occurrence
Required Coverage Forms
The Commercial General Liability coverage shall be written on Insurance Services Office
(ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05,
CA 0012, CA 00 20, or a substitute form providing coverage at least as broad.
Required Endorsements
The Commercial General Liability policy shall contain the following endorsements,
which shall accompany the Certificate of insurance:
1) An Additional Insured endorsement using ISO form CG 2010 or CG 2033
or a form at least as broad naming the County of Orange, its elected and
appointed officials, officers, employees, agents as Additional Insureds.
2) A primary non - contributing endorsement evidencing that the Contractor's
insurance is primary and any insurance or self - insurance maintained by the
County of Orange shall be excess and non -contributing.
All insurance policies required by this Contract shall waive all rights of subrogation
against the County of Orange and members of the Board of Supervisors, its elected and
appointed officials, officers, agents and employees when acting within the scope of their
appointment or employment.
The Workers' Compensation policy shall contain a waiver of subrogation endorsement
waiving all rights of subrogation against the County of Orange, and members of the
Board of Supervisors, its elected and appointed officials, officers, agents and employees.
All insurance policies required by this Contract shall give the County of Orange 30 days
notice in the event of cancellation and 10 days for non - payment of premium. This shall
be evidenced by policy provisions or an endorsement separate from the Certificate of
Insurance.
The Commercial General Liability policy shall contain a severability of interests clause
also known as a "separation of insureds" clause (standard in the ISO CG 0001 policy).
Insurance certificates should be forwarded to:
County of Orange, OC Public Works
Procurement Division
300 N. Flower Street, Suite 838
Santa Ana, CA 92703
591884 Page 3 oj5
County of Orange, OC Public Works MA- 080 - 11010203
A.sbbrin, Inc.
If the Contractor fails to provide the insurance certificates and endorsements within seven
days of notification by OC Public Works /Procurement Services, award may be made to
the next qualified vendor.
County expressly retains the right to require Contractor to increase or decrease insurance
of any of the above insurance types throughout the term of this Contract. Any increase or
decrease in insurance will be as deemed by County of Orange Risk Manager as
appropriate to adequately protect County.
County shall notify Contractor in writing of changes in the insurance requirements. If
Contractor does not deposit copies of acceptable certificates of insurance and
endorsements with County incorporating such changes within thirty days of receipt of
such notice, this Contract may be in breach without further notice to Contractor, and
County shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be construed to
limit Contractor's liability hereunder nor to fulfill the indemnification provisions and
requirements of this Contract, nor act in any way to reduce the policy coverage and limits
available from the insurer.
The Contractor is also required to obtain a Performance Bond in the amount of $500,000
prior to execution of the Contract. The Contractor may also be required to obtain a Labor
and Materials Bond, a Financial Institution Bond (crime coverage), Financial Institution
Errors & Omissions coverage, Financial Guarantee Wrap or equivalent coverages
depending on how the Program is delineated. If required, the amount of these items will
be commensurate with the determined exposures.
4. Article "59. Indemnification" shall be incorporated in its entirety as follows:
59. Indemnification: Contractor agrees to indemnify, defend with counsel approved
in writing by County, and hold County, its elected and appointed officials,
officers, employees, agents and those special districts and agencies which
County's Board of Supervisors acts as the governing Board ( "County
Indemnitees ") harmless from any claims, demands or liability of any kind or
nature, including but not limited to personal injury or property damage, arising
from or related to the services, products or other performance provided by
Contractor pursuant to this Contract. If judgment is entered against Contractor
and County by a court of competent jurisdiction because of the concurrent active
negligence of County or County Indemnitees, Contractor and County agree that
liability will be apportioned as determined by the court. Neither party shall
request a jury apportionment.
5. All references to "Article 37" shall now refer to "Article 59 ".
6. All other terms and conditions in this Contract shall remain unchanged and with full force
and effect.
591884 Page 4 of 5
County of Orange, OC Public Works MA- 080 - 11010203
Ashbrirr, Inc.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date first above
written.
By
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If the contracting party is a corporation, (2) two signatures are required: one (1) signature by the
Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any
Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person
alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two
categories described above. For County purposes, proof of such dual office holding will be satisfied by
having the individual sign the instrument twice, each time indicating his or her office that qualifies under
the above described provision. In the alternative, a single corporate signature is acceptable when
accompanied by a corporate resolution demonstrating the legal authority of the signator to bind the
corporation.
591884 Page 5 of 5
ATTACHMENT NO. 2
DISASTER- RELATED DEBRIS MANAGEMENT
AND RECOVERY SERVICES AGREEMENT
Ashbritt, Inc.
THIS DISASTER - RELATED DEBRIS MANAGEMENT AND RECOVERY
SERVICES AGREEMENT (hereinafter "Agreement ") is made and entered into, to be
effective this — day of 2014, by and between the CITY OF TUSTIN, a
municipal corporation organized and existing under the laws of the State of California,
( "City ") and ASHBRITT, INC., a Florida corporation, registered with the California
Secretary of State as entity no. C2644349, ( "Contractor "). City and Contractor are
sometimes referred to herein individually as a 'Party' and collectively as the "Parties."
RECITALS
WHEREAS, City has determined that there is a need to obtain disaster - related
debris management and recovery services on an "on -call' and as needed basis (the
"Project'); and
WHEREAS, on or around November 23, 2010, after soliciting proposals for such
services, and after conducting a competitive selection process, the County of Orange
entered into master agreement no. MA -080- 11010203 with Contractor for the provision
of disaster - related debris management and recovery services to the County ( "Master
Agreement'). The Master Agreement is attached hereto for reference as Exhibit 'B ";
and
WHEREAS, the Master Agreement includes language that permits the extension
of the County - negotiated provisions and pricing of the Master Agreement to other local
governmental entities; and
WHEREAS, Contractor is qualified by virtue of its experience, training, education,
reputation, and expertise to provide disaster - related debris management and recovery
services to the City, and has agreed to provide such services as provided herein; and
WHEREAS, City desires to retain Contractor to provide such services, and in so
doing, to utilize the County - negotiated unit rates from the Master Agreement.
NOW, THEREFORE, in consideration of the promises and mutual obligations,
covenants, and conditions contained herein, the Parties do hereby agree as follows:
AGREEMENT
1. SERVICES OF CONTRACTOR
1.1 Scope of Services and Standard of Performance. In compliance with
all terms and conditions of this Agreement, Contractor agrees to perform the disaster -
related debris management and recovery services set forth in the Scope of Work,
attached hereto as Exhibit "A" and incorporated herein by this reference (the "Services"
or "Work "). As a material inducement to the City entering into this Agreement,
Contractor acknowledges and understands that the Services and Work contracted for
under this Agreement require specialized skills and abilities and that, consistent with
this understanding, Contractor's Services and Work shall be performed in a skillful and
competent manner and shall be held to a standard of quality and workmanship
prevalent in the industry for such service and work and with the standards recognized
as being employed by professionals in the same discipline in the State of California.
Contractor represents and maintains that it is skilled in the professional discipline(s)
necessary to perform the Services and Work and that it holds the necessary skills and
abilities to satisfy the standard of work as set forth in this Agreement. Contractor
represents and warrants that it and all of its employees and subcontractors providing
Services under this Agreement shall have sufficient skill and experience to perform the
Services and Work assigned to them. All Services and Work shall be completed to the
reasonable satisfaction of the City.
1.2 Contract Documents. The Agreement between the Parties shall consist
of the following: (1) this Agreement; and (2) Scope of Work, Contractor's Pricing, and
Staffing Plan, attached hereto as Exhibit "A" (collectively, "Contract Documents "). In the
event of a conflict or inconsistency among the Contract Documents, the terms of this
Agreement shall take precedence over the remaining Contract Documents.
1.3 Compliance with Law. Contractor shall comply with all applicable
Federal, State, and local laws, statutes, and ordinances and all lawful orders, rules, and
regulations promulgated thereunder, including without limitation all applicable fair labor
standards and Cal /OSHA requirements. In addition, Contractor shall assist the City with
recovering contract expenses through the Federal Emergency Management Agency
(FEMA) claim reimbursement process.
1.4 Licenses, Permits. Fees. and Assessments. Prior to performing any
Services, Contractor shall obtain all licenses, permits, qualifications, and approvals of
whatever nature that are legally required to perform the Work and Services required by
this Agreement. Contractor represents and maintains that it shall, at its sole cost and
expense, keep in effect at all times during the term of this Agreement and any
extension, any license, permit, qualification, or approval that is legally required for
Contractor to perform the Work and Services under this Agreement. Contractor shall
have the sole obligation to pay for any fees, assessments, and taxes, plus applicable
penalties and interest, which may be imposed by law and arise from or are necessary
for the Contractor's performance of the Work and Services required by this Agreement,
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e" ozzs
and shall indemnify, defend, and hold harmless City against any such fees,
assessments, taxes penalties, or interest levied, assessed, or imposed against City
hereunder.
1.5 Care of Work. Contractor shall adopt reasonable methods during the
term of the Agreement to furnish continuous protection to the Work and the equipment,
materials, papers, documents, plans, studies, and /or other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to persons
or property, until acceptance of the Work by the City, except such losses or damages as
may be caused by City's sole negligence.
1.6 Further Responsibilities of Parties. Both Parties agree to use
reasonable care and diligence to perform their respective obligations under this
Agreement. Both Parties agree to act in good faith to execute all instruments, prepare
all documents, and take all actions as may be reasonably necessary to carry out the
purposes of this Agreement.
1.7 Changes in Scope. In the event any change or changes in the Scope of
Services is requested by the City, the Parties shall execute a written amendment to this
Agreement, setting forth with particularity all terms of such amendment, including, but
not limited to, any additional professional fees. An amendment may be entered into: (a)
to provide for revisions or modifications to documents or other work product or Work
when documents or other work product or Work is required by the enactment or revision
of law subsequent to the preparation of any documents, other work product, or Work;
and /or (b) to provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Contractor's
profession.
1.8 Term. Unless earlier terminated as provided elsewhere in this
Agreement, this Agreement shall become effective upon execution of all necessary
signatures, and shall continue in effect until November 23, 2015.
2. COMPENSATION
2.1 Usage. No guarantee is given by the City to the Contractor regarding
usage of the Services under this Agreement. The Contractor agrees to supply Services
and /or commodities requested, as needed by the City, at prices listed in the Contract
Documents, regardless of quantity requested. The City shall have no obligation to pay
any sum to Contractor, in the event that City never directs Contractor to perform Work
under this Agreement.
2.2 Purchase Orders. Contractor hereby agrees and acknowledges that any
and all Work performed pursuant to this Agreement shall be based upon the issuance of
a project purchase order and notice to proceed issued, approved, and signed by the
Purchasing Manager or his /her delegate, as defined in Part 2 of Chapter 6 of Article 1 of
the Tustin City Code. Further, that execution of this Agreement by the City does not in
any way guarantee that a purchase order for such Work will be issued to Contractor.
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990225.2
Moreover, execution of this Agreement by the City shall not entitle Contractor to any
form of payment or compensation from the City for such Work without City first having
issued a project purchase order and notice to proceed. Upon receipt of said purchase
order and notice to proceed, Contractor shall prosecute regularly and diligently the
requested Work.
2.3 Contractor Compensation. For the Services rendered pursuant to this
Agreement, City shall compensate Contractor in accordance with the Contractor's
Pricing schedule, which is attached hereto as Exhibit "A" and is incorporated herein by
reference. Compensation for necessary expenditures for reproduction costs, telephone
expenses, and transportation expenses must be approved in advance by the Contract
Officer designated pursuant to Section 3.2 and will only be approved if such expenses
are also specified in the Contractor's Pricing schedule. Contractor hereby acknowledges
that it accepts the risk that the Services identified in the Scope of Work may be more
costly and /or time - consuming than Contractor anticipates, and that Contractor shall not
be entitled to additional compensation therefore.
2.4 Method of Payment. Unless some other method of payment is specified
in the Contract Documents, in any month in which Contractor wishes to receive
payment, no later than the tenth (10) working day of such month, Contractor shall
submit to the City, in a form approved by the City's finance manager, an invoice for
Services rendered prior to the date of the invoice. Such requests shall be based upon
the amount and value of the Services performed by Contractor and accompanied by
such reporting data including an itemized breakdown of all costs incurred and tasks
performed during the period covered by the invoice, as may be required by the City.
City shall use reasonable efforts to make payments to Contractor within forty -five (45)
days after receipt of the invoice or a soon thereafter as is reasonably practical.
2.5 Appropriations. This Agreement is subject to and contingent upon funds
being appropriated therefore by the Tustin City Council for each fiscal year covered by
the Agreement. If such appropriations are not made, this Agreement shall automatically
terminate without penalty to the City.
3. COORDINATION OF WORK
3.1 Operations Manager and Key Personnel.
A. The following representative of Contractor is hereby designated as
being authorized to act in its behalf with respect to the Services to be performed under
this Agreement and make all decisions in connection therewith: John W. Noble
( "Operations Manager' ). It is expressly understood that the experience, knowledge,
education, capability, expertise, and reputation of the Operations Manager is a
substantial inducement for City to enter into this Agreement. Therefore, the Operations
Manager shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the Services
990225
performed hereunder. The Operations Manager may not be changed by Contractor
without prior written approval of the City's Contract Officer.
B. In addition to the Operations Manager, a list of Contractor
employees assigned to this Project is set forth in the Staffing Plan, included in the
Contract Documents attached hereto as Exhibit "A" ( "Key Personnel "). Contractor
understands that the Key Personal must remain working on the Project throughout the
duration of the Project unless otherwise requested or approved in writing by the City.
Substitution or addition of Contractor's Key Personnel in any classification /title shall be
allowed only with prior written approval of the City's Contract Officer.
3.2 Contract Officer. The Contract Officer shall be the Purchasing Manager
or his /her delegate, as defined in Part 2 of Chapter 6 of Article 1 of the Tustin City Code.
It shall be the Contractor's responsibility to ensure that the Contract Officer is kept fully
informed of the progress of the performance of the Services, and the Contractor shall
refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer. The Contract Officer shall have authority to sign all
documents on behalf of the City required hereunder to carry out the terms of this
Agreement.
3.3 Subcontracting or Assignments.
A. The experience, knowledge, capability, expertise, and reputation of
Contractor, its principals and employees, were a substantial inducement for City to enter
into this Agreement. Therefore, except as may be otherwise provided in the Contract
Documents, Contractor shall not assign the performance of this Agreement, nor any
part thereof, nor any monies due hereunder, voluntarily or by operation of law, without
the prior written consent of City.
B. Contractor shall not contract with any other entity to perform the
Services required without prior written consent of City, except as may be otherwise
authorized by this Agreement. If Contractor is permitted to subcontract any part of this
Agreement by City, Contractor shall be responsible to City for the acts and omissions of
its subcontractor(s) in the same manner as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the Work will be considered employees
of Contractor. City will deal directly with and will make all payments to Contractor.
However, the City reserves the right to communicate directly with the subcontractor(s)
on any aspect of the Work.
C. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by
operation of law, whether for the benefit of creditors or otherwise, without the prior
written consent of City. Transfers restricted hereunder shall include the transfer to any
person or group of persons acting in concert of more than twenty five percent (25 %) of
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the present ownership and /or control of Contractor, taking all transfers into account on a
cumulative basis. In the event of any such unapproved transfer, including any
bankruptcy proceeding, this Agreement shall be void. No approved transfer shall
release Contractor or any surety of Contractor from any liability hereunder without the
express written consent of City.
3.4 Independent Contractor.
A. The legal relationship between the Parties is that of an independent
contractor, and nothing herein shall be deemed to make Contractor a City employee.
During the performance of this Agreement, Contractor and its officers, employees, and
agents shall act in an independent capacity and shall not act as City officers or
employees. The personnel performing the Services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of its officers, employees, or agents, except as set forth in
this Agreement. Contractor, its officers, employees, or agents shall not maintain an
office or any other type of fixed business location at City's offices. City shall have no
voice in the selection, discharge, supervision, or control of Contractor's employees,
servants, representatives, or agents, or in fixing their number, compensation, or hours
of service. Contractor shall pay all wages, salaries, and other amounts due its
employees in connection with this Agreement and shall be responsible for all reports
and obligations respecting them, including but not limited to social security income tax
withholding, unemployment compensation, workers' compensation, and other similar
matters. City shall not in any way or for any purpose be deemed to be a partner of
Contractor in its business or otherwise a joint venturer or a member of any joint
enterprise with Contractor.
B. Contractor shall not incur or have the power to incur any debt,
obligation, or liability against City, or bind City in any manner.
C. No City benefits shall be available to Contractor, its officers,
employees, or agents in connection with any performance under this Agreement.
Except for professional fees paid to Contractor as provided for in this Agreement, City
shall not pay salaries, wages, or other compensation to Contractor for the performance
of Services under this Agreement. City shall not be liable for compensation or
indemnification to Contractor, its officers, employees, or agents, for injury or sickness
arising out of performing Services hereunder. If for any reason any court or
governmental agency determines that the City has financial obligations of any nature
relating to salary, taxes, or benefits of Contractor's officers, employees, servants,
representatives, subcontractors, or agents, Contractor shall indemnify City for all such
financial obligations.
90022?
4. INSURANCE
4.1 Contractor shall maintain in full force and effect during the term of this
Agreement policies of commercial general liability and automobile liability insurance
(each of which shall include property damage and bodily injury) and each with limits of
at least one million dollars ($1,000,000) combined single limit coverage per occurrence.
4.2 Contractor shall maintain in full force and effect during the term of this
Agreement a policy of professional liability insurance coverage with limits of at least one
million dollars ($1,000,000) combined single limit coverage per claim or per occurrence.
If Contractor provides claims made professional liability insurance, Contractor shall also
agree in writing either (1) to purchase tail insurance in the amount required_by this
Agreement or to cover claims made within five (5) years of the completion of
Contractor's service under this Agreement, or (2) to maintain professional liability
insurance coverage with the same carrier in the amount required by this Agreement for
at least five (5) years after completion of Contractor's services under this Agreement.
Contractor shall also provide evidence to the City of the purchase of the required tail
insurance or continuation of the professional liability policy in a form prescribed by the
City.
4.3 Contractor shall carry and pay for such workers' compensation insurance
as is required to fully protect Contractor and its employees under California Worker's
Compensation Insurance Law. The insurance company shall agree to waive all rights of
subrogation against the City for losses paid under the policy, which losses arose from
the work performed by the named insured.
4.4 Other applicable insurance requirements are: (1) Name the City, its
officials and employees as an additional insured on the commercial, general and
automobile policies. (2) The insurance shall be issued by a company authorized by the
Insurance Department of the State of California and rated A, VII or better (if an admitted
carrier) or A -, X (if offered, by a surplus line broker), by the latest edition of Best's Key
Rating Guide, except that the City will accept workers' compensation insurance rated B-
VIII or better or from the State Compensation Fund. (3) The Insurance shall not be
cancelled, except after thirty (30) days written prior notice to the City; and (4) The
commercial general and automobile liability insurance shall each be primary as respects
the City, and any other insurance maintained by the City shall be in excess of this
insurance and not contribute to it.
4.5 Upon execution of this Agreement, Contractor shall provide to City
certificates of insurance and insurer endorsements evidencing the required insurance.
Insurer endorsements (or a copy of the policy binder if applicable) shall be provided as
evidence of meeting the requirements of Subsections (1) (3) and (4) of Section 4.4
above and the waiver of subrogation requirement in Section 4.3 above. If self- insured
for worker's compensation, Contractor shall submit to City a copy of its certification of
self- insurance issued by the Department of Industrial Relations.
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4.6 Contractor shall provide to City written notice of cancellation of insurance
within five (5) days of its receipt of notice of cancellation from any insurance carrier
providing general liability, auto, worker's compensation and /or professional liability
insurance. Said notice shall be in writing and sent to the City via U.S. Mail, first class,
postage prepaid thereon or FedEx overnight to:
Jeffrey C. Parker
City Manager
City of Tustin
300 Centennial Way
Tustin. CA 92780
Copy: Risk Manager
Human Resources Department
City of Tustin
300 Centennial Way
Tustin, CA 92780
Failure to provide said notice to the City as set forth above shall constitute
a material breach of this Agreement and Contractor acknowledges and agrees that the
City shall be entitled to recover from Contractor any and all damages arising as a direct
and proximate result thereof.
In addition, Contractor shall instruct its insurance broker to provide the
City with written notice of cancellation of any insurance policy(ies) applicable to this
Agreement within forty -eight (48) hours of the broker's knowledge of any cancellation by
the insurance provider.
4.7 Contractor agrees to ensure that subcontractors, if any, and any other
parties involved with the Project who are brought onto or involved in the Project by
Contractor, provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with
subcontractors and others engaged in the Project will be submitted to the City for
review.
4.8 Contractor acknowledges and agrees that any actual or alleged failure on
the part of the City to inform Contractor of non - compliance with any insurance
requirement in no way imposes any additional obligations on the City nor does it waive
any rights hereunder in this or any other regard.
4.9 Requirements of specific insurance coverage features or limits contained
in this section are not intended as limitations on coverage, limits, or other requirements
nor as a waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains
to a given issue, and is not intended by any party or insured to be limiting or all-
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+90225.2
inclusive.
4.10 The requirements in this section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts
with or impairs the provisions of this section.
4.11 Contractor agrees to provide immediate notice to City of any claim or loss
against Contractor arising out of the Work performed under this Agreement and for any
other claim or loss which may reduce the insurance available to pay claims arising out
of this Agreement.
4.12 Contractor agrees that the provisions of this section shall not be construed
as limiting in any way the extent to which the Contractor may be held responsible for the
payment of damages resulting from the Contractor's activities or the activities of any
person or person for which the Contractor is otherwise responsible.
5. INDEMNIFICATION
5.1 Indemnification of City. To the fullest extent permitted by law,
Contractor shall indemnify, defend (at Contractor's sole cost and expense), protect and
hold harmless City and its officers, council members, officials, employees, agents and
volunteers and all other public agencies whose approval of the Project is required,
(individually "Indemnified Party "; collectively "Indemnified Parties ") against any and all
liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders,
and penalties (collectively "Claims "), including but not limited to Claims arising from
injuries or death of persons (Contractor's employees included) and damage to property,
which Claims arise out of, pertain to, or are related to Contractor's performance of
Services under this Agreement, or arising from Contractor's failure to perform any term,
provision, covenant, or condition of this Agreement ( "Indemnified Claims "). Such
obligation to defend, hold harmless, and indemnify any of the Indemnified Parties shall
not apply to the extent that such Claims are caused by the sole negligence, active
negligence, or willful misconduct of such Indemnified Parties. Contractor shall
reimburse the Indemnified Parties for any reasonable expenditures, including
reasonable attorneys' fees, expert fees, litigation costs, and expenses that each
Indemnified Party may incur by reason of Indemnified Claims. Upon request by an
Indemnified Party, Contractor shall defend with legal counsel reasonably acceptable to
the Indemnified Party all Claims against the Indemnified Party that may arise out of,
pertain to, or relate to Indemnified Claims, whether or not Contractor is named as a
party to the Claim proceeding. The determination whether a Claim "may arise out of,
pertain to, or relate to Indemnified Claims" shall be based on the allegations made in the
Claim and the facts known or subsequently discovered by the Parties. Contractor's
indemnification obligation hereunder shall survive the expiration or earlier termination of
this Agreement until all actions against the Indemnified Parties for such matters
indemnified hereunder are fully and finally barred by the applicable statute of limitations
or, if an action is timely filed, until such action is final.
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5.2 Indemnification of County. Contractor and City agree to indemnify,
defend, protect and hold harmless the County of Orange, its elected and appointed
officers and officials, from all claims, demands, actions or causes of actions of every
kind resulting directly or indirectly, arising out of, or in any way connected with the use
of the "Master Agreement."
6. REPORTS AND RECORDS
6.1 Accounting Records. Contractor shall keep complete, accurate, and
detailed accounts of all time, costs, expenses, and expenditures pertaining in any way
to this Agreement. Contractor shall keep such books and records as shall be necessary
to properly perform the Services required by this Agreement and to enable the Contract
Officer to evaluate the performance of such Services. The Contract Officer shall have
full and free access to such books and records at all reasonable times, including the
right to inspect, copy, audit, and make records and transcripts from such records.
6.2 Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the Services required by this
Agreement as the Contract Officer shall require. Contractor hereby acknowledges that
the City is greatly concerned about the cost of the Work and Services to be performed
pursuant to this Agreement. For this reason, Contractor agrees that if Contractor
becomes aware of any facts, circumstances, techniques, or events that may or will
materially increase or decrease the cost of the Work or Services contemplated herein ,
Contractor shall promptly notify the Contract Officer of such fact, circumstance,
technique, or event and the estimated increased or decreased cost related thereto.
6.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, memoranda, correspondence, computations, and other materials prepared
by Contractor, its employees, subcontractors, and agents in the performance of this
Agreement shall be the property of City and shall be promptly delivered to City upon
request of the Contract Officer or upon the termination of this Agreement, and
Contractor shall have no claim for further employment or additional compensation as a
result of the exercise by City of its full rights of ownership of the documents and
materials hereunder. Any use of such completed documents for other projects and /or
use of incomplete documents without specific written authorization by the Contractor will
be at the City's sole risk and without liability to Contractor, and the City shall indemnify
the Contractor for all damages resulting therefrom. Contractor may retain copies of
such documents for its own use. Contractor shall have an unrestricted right to use the
concepts embodied therein. Contractor shall ensure that all its subcontractors shall
provide for assignment to City of any documents or materials prepared by them, and in
the event Contractor fails to secure such assignment, Contractor shall indemnify City for
all damages resulting therefrom.
6.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Contractor in the performance of Services
under this Agreement shall not be released publicly without the prior written approval of
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the Contract Officer. All information gained by Contractor in the performance of this
Agreement shall be considered confidential and shall not be released by Contractor
without City's prior written authorization.
6.5 Audit and Inspection of Records. After receipt of reasonable notice and
during the regular business hours of City, Contractor shall provide City, or other agents
of City, such access to Contractor's books, records, payroll documents, and facilities as
City deems necessary to examine, copy, audit, and inspect all accounting books,
records, work data, documents, and activities directly related to Contractor's
performance under this Agreement. Contractor shall maintain such books, records,
data, and documents in accordance with generally accepted accounting principles and
shall clearly identify and make such items readily accessible to such parties during the
term of this Agreement and for a period of three (3) years from the date of final payment
by City hereunder.
ENFORCEMENT OF AGREEMENT
7.1 California Law and Venue. This Agreement shall be construed and
interpreted both as to validity and as to performance of the Parties in accordance with
the laws of the State of California. Legal actions concerning any dispute, claim, or
matter arising out of or in relation to this Agreement shall be instituted in the Superior
Court of the County of Orange, State of California, or any other appropriate court in
such County, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
7.2 Interpretation. This Agreement shall be construed as a whole according
to its fair language and common meaning to achieve the objectives and purposes of the
Parties. The terms of this Agreement are contractual and the result of negotiation
between the Parties. Accordingly, any rule of construction of contracts (including,
without limitation, California Civil Code Section 1654) that ambiguities are to be
construed against the drafting party, shall not be employed in the interpretation of this
Agreement. The caption headings of the various sections and paragraphs of this
Agreement are for convenience and identification purposes only and shall not be
deemed to limit, expand, or define the contents of the respective sections or
paragraphs.
7.3 Termination. City may terminate this Agreement for any reason, with or
without cause, upon giving Contractor thirty (30) days written notice. Upon such notice,
City shall pay Contractor for Services performed through the date of termination. Upon
receipt of such notice, Contractor shall immediately cease all Work under this
Agreement, unless the notice provides otherwise. Thereafter, Contractor shall have no
further claims against the City under this Agreement. Upon termination of the
Agreement pursuant to this section, Contractor shall submit to the City an invoice for
Work and Services performed prior to the date of termination. In addition, the
Contractor reserves the right to terminate this Agreement at any time, with or without
cause, upon sixty (60) days written notice to the City, except that where termination is
11
due to material default by the City, the period of notice may be such shorter time as the
Contractor may determine.
7.4 Default of Contractor.
A. Contractor's failure to comply with any provision of this Agreement
shall constitute a default.
B. If the Contract Officer, determines that Contractor is in default in the
performance of any of the terms or conditions of this Agreement, he shall notify
Contractor in writing of such default. Contractor shall have ten (10) days, or such longer
period as City may designate, to cure the default by rendering satisfactory performance.
In the event Contractor fails to cure its default within such period of time, City shall have
the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice of any remedy to which City may
be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any
and all reasonable costs incurred by City as a result of such default. Compliance with
the provisions of this section shall not constitute a waiver of any City right to take legal
action in the event that the dispute is not cured, provided that nothing herein shall limit
City's right to terminate this Agreement without cause pursuant to Section 7.3.
C. If termination is due to the failure of the Contractor to fulfill its
obligations under this Agreement, City may, after compliance with the provisions of
Section 7.4.B, take over the Work and prosecute the same to completion by contract or
otherwise, and the Contractor shall be liable for completion of the Services required
hereunder (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Contractor for the purpose of
set-off or partial payment of the amounts owed the City as previously stated. The
withholding or failure to withhold payments to Contractor shall not limit Contractor's
liability for completion of the Services as provided herein.
7.5 Waiver. No waiver of any provision of this Agreement shall be effective
unless in writing and signed by a duly authorized representative of the Party against
whom enforcement of a waiver is sought. Any waiver by the Parties of any default or
breach of any covenant, condition, or term contained in this Agreement, shall not be
construed to be a waiver of any subsequent or other default or breach, nor shall failure
by the Parties to require exact, full, and complete compliance with any of the covenants,
conditions, or terms contained in this Agreement be construed as changing the terms of
this Agreement in any manner or preventing the Parties from enforcing the full
provisions hereof.
7.6 Rights and Remedies Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the Parties are. cumulative and the exercise by either Party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other Party.
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7.7 Legal Action. In addition to any other rights or remedies, either Party
may take legal action, in law or in equity, to cure, correct or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement, to
obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the
purposes of this Agreement.
8. CITY OFFICERS AND EMPLOYEES: NON - DISCRIMINATION
8.1 Non - liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Contractor, or any successor -in- interest, in the
event of any default or breach by the City or for any amount which may become due to
the Contractor or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which effects his
financial interest or the financial interest of any corporation, partnership, or association
in which he is, directly or indirectly, interested in violation of any state statute or
regulation. Contractor warrants that is has not paid or given and will not pay or give any
third party any money or other consideration in exchange for obtaining this Agreement.
8.3 Covenant Against Discrimination. In connection with its performance
under this Agreement, Contractor shall not discriminate against any employee or
applicant for employment because of race, religion, color, sex, age, marital status,
ancestry, or national origin. Contractor shall ensure that applicants are employed, and
that employees are treated during their employment, without regard to their race,
religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall
include, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship.
9. MISCELLANEOUS PROVISIONS
9.1 Patent and Copyright Infringement.
A. To the fullest extent permissible under law, and in lieu of any other
warranty by City or Contractor against patent or copyright infringement, statutory or
otherwise, it is agreed that Contractor shall defend at its expense any claim or suit
against City on account of any allegation that any item furnished under this Agreement,
or the normal use or sale thereof arising out of the performance of this Agreement,
infringes upon any presently existing U.S. letters patent or copyright and Contractor
shall pay all costs and damages finally awarded in any such suit or claim, provided that
Contractor is promptly notified in writing of the suit or claim and given authority,
information and assistance at Contractor's expense for the defense of same, and
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provided such suit or claim arises out of, pertains to, or is related to the negligence,
recklessness or willful misconduct of Contractor. However, Contractor will not indemnify
City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's
alteration of such deliverable created the infringement upon any presently existing U.S.
letters patent or copyright; or (2) the use of a deliverable in combination with other
material not provided by Contractor when it is such use in combination which infringes
upon an existing U.S. letters patent or copyright.
B. Contractor shall have sole control of the defense of any such claim
or suit and all negotiations for settlement thereof, Contractor shall not be obligated to
indemnify City under any settlement made without Contractor's consent or in the event
City fails to cooperate in the defense of any suit or claim, provided, however, that such
defense shall be at Contractor's expense. If the use or sale of such item is enjoined as
a result of the suit or claim, Contractor, at no expense to City, shall obtain for City the
right to use and sell the item, or shall substitute an equivalent item acceptable to City
and extend this patent and copyright indemnity thereto.
9.2 Notices. All notices, demands, requests, consents, approvals or other
communications required or permitted hereunder shall be in writing, and either
personally delivered or sent by registered or certified mail, postage prepaid, return
receipt requested, or delivered or sent by facsimile with attached evidence of completed
transmission, and shall be deemed received upon the earlier of (i) the date of delivery to
the address of the person to receive such notice if delivered personally or by messenger
or overnight courier; (ii) five (5) business days after the date of posting by the United
States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request,
demand, direction, or other communication sent by facsimile must be confirmed within
forty -eight (48) hours by letter mailed or delivered. Other forms of electronic
transmission such as e- mails, text messages, instant messages are not acceptable
manners of notice required hereunder. Notices or other communications shall be
addressed as follows:
To City: City of Tustin
Attn: City Manager
300 Centennial Way
Tustin, CA 92780
Telephone: (714) 573 -3000
Facsimile: (714) 832 -0825
To Contractor: Ashbritt, Inc.
Attn: Rob Ray, Project Manager
480 South Andrews Avenue, Suite 103
Pompano Beach, Florida 33069
Telephone: (954) 545 -3535
Facsimile: (954) 545 -3585
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9.3 Entire Agreement. This Agreement constitutes the entire understanding
between the Parties and supersedes all prior negotiations, arrangements, agreements,
representations, and understandings, if any, made by or among the Parties with respect
to the subject matter hereof. No amendments or other modifications of this Agreement
shall be binding unless executed in writing by both Parties hereto, or their respective
successors, assigns, or grantees.
9.4 Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be effective and valid under applicable law, but if
any provision of this Agreement shall be determined to be invalid by a final judgment or
decree of a court of competent jurisdiction, such provision shall be ineffective only to the
extent of such prohibition or invalidity, without invalidating the reminder of that provision,
or the remaining provisions of this Agreement unless the invalid provision is so material
that its invalidity deprives either Party of the basic benefit of their bargain or renders this
Agreement meaningless.
9.5 Successors in Interest. This Agreement shall be binding upon and inure
to the benefit of the Parties' successors and assignees.
9.6 Third Party Beneficiary. Except as may be expressly provided for
herein, nothing contained in this Agreement is intended to confer, nor shall this
Agreement be construed as conferring, any rights, including, without limitation, any
rights as a third -party beneficiary or otherwise, upon any entity or person not a party
hereto.
9.7 Recitals. The above - referenced Recitals are hereby incorporated into the
Agreement as though fully set forth herein and each Party acknowledges and agrees
that such Party is bound, for purposes of this Agreement, by the same.
9.8. Corporate Authority. Each of the undersigned represents and warrants
that (i) the Party for which he is executing this Agreement is duly authorized and
existing, (ii) he is duly authorized to execute and deliver this Agreement on behalf of the
Party for which he is signing, (iii) by so executing this Agreement, the Party for which he
is signing is formally bound to the provisions of this Agreement, and (iv) the entering
into this Agreement does not violate any provision of any other Agreement to which the
Party for which he is signing is bound.
9.9 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
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990??$
IN WITNESS WHEREOF, the Parties have executed and entered into this
Agreement as of the date first written above.
"City"
Dated: CITY OF TUSTIN, a California municipal
corporation
Jeffrey C. Parker
City Manager
APPROVED AS TO FORM:
David E. Kendig
City Attorney
"Contractor'
Ashbi
M
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990225.2
EXHIBIT "A"
SCOPE OF WORK
INCLUDING,
CONTRACTOR'S PRICING
AND
STAFFING PLAN
990] ?5
SCOPE OF WORK
DISASTER - RELATED DEBRIS MANAGEMENT AND RECOVERY SERVICES
Background
On or around November 23, 2010, after soliciting proposals for such services, and after
conducting a competitive selection process, the County of Orange entered into master
agreement no. MA- 080 - 11010203 with Ashbritt Inc., for the provision of disaster - related
debris management and recovery services ( "Master Agreement'). Article 3 of the
Master Agreement includes language that permits the extension of the County -
negotiated provisions and pricing of the Master Agreement to other local governmental
entities. In accordance with the Master Agreement, the City of Tustin ( "City ") desires to
enter into an agreement with Ashbritt Inc., ( "Contractor ") for the provision of "on -call'
disaster - related debris management and recovery services, and in so doing, to utilize
the County- negotiated unit rates from the Master Agreement ( "Contract').
This Contract will be a usage Contract that will be utilized only in the face of an
emergency. No compensation will accrue to the Contractor unless and until the Contract
2. General Requirements
The purpose of this Contract is to provide disaster - related debris management services
to the City for the collection, processing and disposal of debris resulting from natural or
man -made disaster events including but not limited to earthquakes, fires and floods.
This Contract may be activated by the City for any County, City, State and /or federally
declared disaster events. The Scope of Work includes the following:
• Debris clearance operations as directed by the City's Director of Emergency
Services.
• Obtaining all necessary local, state and federal permits.
• The collection and removal of debris from public rights -of -way, streets, roads,
flood control facilities, ditches and other public properties.
• The processing of debris including but not limited to screening, sorting, grinding,
mulching, and recycling in accordance with all federal, state and local
environmental protection agencies and health departments.
• The disposal of debris.
• The establishment and operations of temporary debris storage and reduction
(TDSR) sites.
• The collection and disposal of yard waste, white goods, e- waste, small motorized
equipment, hazardous waste, tires, animal carcasses, propane tanks, petroleum
products, and other special waste.
• The restoration of TDSR sites.
• Performing debris by- product recycling programs.
690' -25
• Hauling non - recycled debris and debris reduction by- products to an authorized
disposal facility.
• Providing traffic control during debris loading operations on public rights -of -way.
• The provision of community relations support during all phases of disaster
recovery work as directed by the City's Director of Emergency Services.
Other disaster response and recovery work may be added, such as screening sand for
beach replenishment, and any requirements or rates not covered by this proposal will
be negotiated.
The Contractor shall furnish all necessary personnel, material, equipment, labor,
supervision, facilities, and shall provide all services necessary for, or incidental to, the
performance of all work as defined in the Scope of Work. The Contractor will supervise
and direct all work, workers and equipment. The Contractor is solely responsible for the
means, methods, techniques, sequences, and safety procedures used.
The Contractor must be duly licensed to perform the work in accordance with all federal,
state and local requirements. The Contractor shall coordinate with the City to obtain all
permits necessary to complete the work. The Contractor shall be responsible for and in
compliance with any additional permits necessary to perform under the Contract, but at
minimum must hold a California Class A General Engineering Contractor license with
(or a list of subcontractors with) an ASB (Asbestos) Certification and /or a HAZ
(Hazardous Substance Removal) Certification. Copies of all permits and licenses shall
be submitted to the City as soon as available.
As this is a usage contract, the quantity of work required is not known at this time.
Payment will be made at the negotiated contracted rates specified in Attachment B. The
output will be verified by the City in the daily operational report. All rates are to include
all related costs, inclusive of the cost of personal protective clothing (to include
hardhats, gloves, eye protection and steel -toed boots), fringe benefits, hand tools,
supervision, transportation, traffic control and any other costs.
3. Debris Management
This Contract for debris collection, processing and disposal will be on a usage basis for
the purpose of having Contractor immediately available and committed to assisting the
City in the aftermath of a major disaster. Contractor under this Contract will serve as a
general contractor for the purpose of debris collection, processing and disposal
operations, and will be able to use its own subcontractor resources to meet the
obligations of this Contract.
The Contractor shall disclose present and future debris management contractual
obligations throughout the term of this Contract and shall provide reasonable assurance
to the City that such obligations will not preclude the Contractor potentially performing
the required work and meeting its obligation under the Contract. Such disclosure shall
be provided to the City in the proposal.
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The Contractor shall, to the extent practical, give priority to utilizing resources in the City
of Tustin and the surrounding areas, including but not limited to procuring supplies and
equipment, awarding sub - contracts, and employing workers. The Contractor shall
identify sub - contractors it intends to use on this Contract and their intended Scope of
Work. The Contractor shall furnish copies of Letter of Intent with local sub - contractors
with the proposal.
3a. Mobilization
Mobilization shall consist of all preparatory work and operations, including those
necessary for movement of personnel, equipment, supplies and incidentals to and from
the project sites, installing and maintaining temporary roads and drainage structures
needed to access the project sites, the costs of bonds, required insurance and all other
pre and post construction expenses necessary to perform this work. It shall be duly
noted that such expenses are the sole responsibility of the Contractor.
When a major disaster occurs or is imminent, and the City desires work or services to
be performed by Contractor, it will issue a project task order and notice to proceed.. The
Contractor will employ and maintain a qualified and accessible Operations Manager
who shall have the full authority to act on behalf of the Contractor. All communications
given to the supervisor in writing by the City shall be binding. The Contractor shall
report to the City Director of Emergency Services within 24 hours of the notice to
proceed for each project task order directive issued.
The Contractor shall assign and provide an Operations Manager to City Hall or City -
designated emergency response center as appropriate, to serve as the principal liaison
between the Director of Emergency Services and the Contractor's forces. The assigned
Operations Manager must be knowledgeable of all facts of the Contractor's operations
and have authority in writing to commit the Contractor. The Operations Manager shall
be on call 24 hours per day, seven days per week and shall have electronic linkage
capability for transmitting and receiving relevant contractual information and make
arrangements for on site accommodations. This linkage shall provide immediate contact
via cell phone, fax machine, and have Internet capabilities. The Operations Manager will
participate in daily meetings and disaster exercises, functioning as a source to provide
essential element information. The Operations Manager will report to the City's Director
of Emergency Services. This position will not require a constant presence on -site;
however, the Operations Manager will be required to be physically capable of
responding to the City's Director of Emergency Services within one hour of notification.
The City, at its sole discretion, will issue notices to proceed and task orders to the
Contractor. Debris removal will generally be limited to debris in, upon, or brought to the
public streets and roads, rights -of -way, municipal properties and facilities, and other
public sites. The Contractor will be responsible for determining the method and manner
of debris collection, processing and lawful disposal operations, consistent with the
Scope of Work. The Contractor will be responsible for the lawful disposal of all debris
990225
and debris - reduction by- products generated at all temporary debris staging and
reduction (TDSR) sites.
3b. Classification of Debris:
Debris shall be classified as follows:
Vegetative Debris: Vegetative debris includes but is not limited to damaged and
disturbed trees; broken, partially broken and severed tree limbs; tree stumps;
tree trunks; bushes and shrubs; brush; and other leafy material.
Construction and Demolition (C &D) Debris: C &D debris includes but is not
limited to lumber, metal products, sheet rock, non - asbestos roofing and concrete.
Non C &D Debris: Non C &D debris includes but is not limited to asbestos roofing,
carpeting, plastic, glass, rubber products, cloth items and treated wood building
materials.
White Goods: White Goods are large household appliances such as
refrigerators, freezers, air conditioners, stoves, ovens, washing machines, dryers,
water heaters, etc. The Contractor should expect to encounter white goods,
such as household appliances. The Contractor shall collect all white goods from
public rights -of -way and shall dispose of white goods in accordance with
applicable federal, state and local laws. Any white goods that may contain
Freon, such as refrigerators, freezers or air conditioners, shall have the Freon
removed by the Contractor in accordance with applicable regulatory
requirements. No additional payment will be made for the handling of white
goods, as this cost shall be included in the cost price for white goods removal
and disposal.
Household Hazardous Waste (HHW): HHW is waste with properties that make it
potentially harmful to human health or the environment such as but not limited to
paint products, pesticides, fertilizers, and other debris requiring special removal,
handling and disposal processing, and known or suspected hazardous material
such as asbestos, lead -based paint, and electrical transformers. Coordination of
hazardous debris removal is the responsibility of the City. Known or suspected
HHW that mistakenly enters the waste stream shall be placed in an appropriate
storage area for proper disposal.
Soil. Mud and Sand: Earthquakes, floods and storm surges often deposit soil,
mud, and sand on improved public property and public rights -of way. Facilities
commonly impacted by this type of debris may include streets, sidewalks,
drainage facilities, culverts and pipes. The Contractor shall remove storm
deposited soil, mud and sand debris from public property and rights -of -way as
directed by the City.
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Dead Animals: The Contractor shall collect, remove, transport and dispose of
dead livestock, fowl, large animals, and domestic pets from public rights -of -way
and other public properties, as identified by the City, in accordance with health
and regulatory requirements.
Ash: When handling ash, the Contractor will be required to "wet down' the ash to
prevent dust problems.
Chips and Mulch: Chips and mulch are the end products of chipping and
grinding clean woody debris. Proper disposal of chips and mulch (non - landfill
disposal) is an environmentally sound use of the material.
Other Debris: Other debris includes but is not limited to tires, small motorized
equipment, electronic waste, propane tanks, and petroleum products.
Residents will be advised to separate all waste and debris, to the extent practicable, into
the above categories. Failure by the residents to perform this separation does not
relieve the Contractor of its curbside separation responsibilities, to the extent
practicable.
4. Debris Collection and Removal Services
The Contractor shall provide for the removal of debris from various areas within the City
as designated by the City's Director of Emergency Services. Debris removal shall be
limited to City streets, roads and other rights -of -way, all City municipal property, and
other municipal facilities and sites as directed, and may include property debris from
private residences that is brought to the edge of the rights -of -way by residents. The
Contractor is responsible for determining the method and manner of all debris removal.
The Contractor shall be responsible for properly and adequately securing debris on
each piece of equipment utilized to haul debris. Prior to leaving the loading site, the
Contractor shall ensure that each load is secure and trimmed so that no debris extends
horizontally beyond the bed of the equipment in any direction. All loose debris shall be
compacted during loading and secured during transport. Traps or other coverings shall
be provided by the Contractor to prevent reduction by- products and other materials from
being blown from the bed during hauls to disposal landfills.
The general concept of disaster - related debris removal operations includes multiple
scheduled passes of each site, location or rights -of way as directed by the City. It is the
intent that the Contractor will make as many passes as the City may direct to complete
the removal and lawful disposal of all disaster generated debris. The debris shall be
hauled to the TDSR sites or disposal sites as directed by the City.
All activities associated with the collection and loading of eligible debris shall be
performed during working hours, seven (7) days a week, including holidays, unless
otherwise directed by the City.
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The Contractor shall mitigate the impact of its operation on local traffic to the fullest
extent practical. The Contractor is responsible for establishing and maintaining
appropriate traffic controls in all work areas. The Contractor shall provide sufficient
signing, flagging, and barricading to ensure the safety of vehicular and pedestrian traffic
in all work areas. All work shall be performed in conformance with all federal, state and
local laws, regulations and ordinances governing personnel, equipment and workplace.
The Contractor shall provide all labor and materials necessary to operate and maintain
all equipment under this Contract. The Contractor shall provide sufficient management,
administration, supervision and safety quality controls to assure the safety, quality,
completeness, and timely progress of the work. The Contractor shall provide its own
personnel to provide the above functions and not the personnel of its sub - contractors.
The Prime Contractor must utilize applicable prevailing wage rates and will all tiers of
subcontracting entities below its company. The Contractor shall not move from one
designated work area to another designated work area without prior approval and
release from the City's Director of Emergency Services. The Contractor shall remove all
dirt, mud and debris from the roadways resulting from its operations. The Contractor
shall notify the Director of Emergency Services' office by 2 p.m. each day of the number
of crews that will be working the following day, as well as a preliminary 7 -day schedule
for the purpose of scheduling City personnel assigned to the Contractor's crews.
4a. Debris Removal from Public Rights -of -Way
The Contractor shall pick -up, remove from public rights -of -way, and haul all eligible
debris to the TDSR sites or disposal sites as directed by the City.
At the time of collection, the Contractor shall segregate debris at the curb, to the
maximum extent possible; according to the categories specified under Classifications of
Debris (see 3b.) Unless otherwise directed by the City, mixed loads (vegetation mixed
with C &D, for example) are prohibited. Vegetation or C &D mixed with minimal
quantities of another type of debris will be classified by the predominant type of debris.
Clean, woody debris and other natural material that can be chipped, mulched, and
disposed of in some other similar manner shall be handled separately from other debris.
The Contractor, with the approval of the City, shall determine the method of vegetative
debris reduction. Unless otherwise directed by the City, mixed loads are prohibited. The
Contractor shall segregate debris at the curb, when necessary.
The Contractor should expect to encounter white goods, such as household appliances.
The Contractor shall pick up and remove all white goods from public rights -of way and
shall dispose of white goods in accordance with applicable federal, state and local laws.
Any white goods that may contain Freon, such as refrigerators, freezers or air
conditioners, shall have the Freon removed by the Contractor in accordance with
applicable regulatory requirements. No additional payment will be made for handling of
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white goods, as this cost shall be included in the cost price for white goods removal and
disposal.
4b. Removal of Obstructions from Drainage Canals and Roadside Ditches
The Contractor shall be responsible for the removal of obstructions from the City's
natural drainage courses, flood control facilities and channels, rights -of -way and
roadside ditches. These obstructions include but are not limited to tree limbs, tree
trunks, stumps, C &D, Non C &D, and soil, mud and sand. Long reach equipment may
be required to remove debris from the drainage channels. Care should be taken so as
not to damage the infrastructure of the channels or ditches.
4c. Removal of Hazardous Trees and Hanging Limbs from City Rights -of Way
and Public Properties
If directed by the City's Director of Emergency Services, the Contractor shall remove
hazardous trees six (6) inches in diameter and /or hanging limbs two (2) inches or
greater. The Contractor is cautioned that ingress and egress is the sole responsibility of
the Contractor and many sites may be accessible for climbers only and removal of tree
debris may be possible by manual labor only. All hazardous trees to be removed shall
be cut flush at the lowest possible height above the ground. All measurements of flush
cuts are subject to inspection and approval by the City. Payment shall be per size of
the tree. The line item costs are all inclusive and shall compensate the Contractor for
the cost to flush out, remove, load, transport and dispose of the hazardous trees.
Tree stumps with base cut measurements equal to or less than twenty -four (24) inches
in diameter will be disposed of with the same methods used for other vegetative debris.
Stumps larger than twenty -four (24) inches in diameter will be disposed of by splitting,
chipping or grinding. The method of reduction and disposal will be at the discretion of
the Contractor subject to City approval. Grinding in place may require documentation
and pre - approval of regulatory authorities. Coordination of any potential grinding will be
done by the City.
4d. Hazardous Stump Removal
The Contractor is responsible for extraction of eligible partially uprooted hazardous
stumps as directed by the City. If directed by the City, the Contractor shall remove and
haul partially hazardous tree stumps. Each stump shall be inspected by the City and
the Contractor and documented as to the appropriate category of size. In addition,
stumps are to be properly identified, certified and documented, per FEMA guidance, by
City or its representative. Prior to the removal of hazardous stumps, the Contractor shall
notify any required local utilities in accordance with each agency's required pre-
notification time schedule for pre- marking of utilities in the work area.
Stump holes shall be backfilled with clean native topsoil to match the existing grade.
Note that stump holes include all cavities associated with the stump extraction. The
7
99022$1
Contractor may be required to grind some stumps if large equipment cannot access the
work area. Any damage to sidewalks, driveways, walkways or other public or private
property caused by the Contractor's removal or grinding of stumps shall be repaired by
the Contractor.
Payment for stump removal will be per size of stump, per FEMA Guidelines. The line
item cost is all inclusive and shall compensate the Contractor for the cost to extract,
grind, and backfill all holes associated with the stump extraction, as well as load,
transport and dispose of stump.Tree stumps with base cut measurements equal to or
less than twenty -four (24) inches in diameter will be disposed of with the same methods
used for other vegetative debris. Stumps larger than twenty -four (24) inches in diameter
will be disposed of by splitting, chipping or grinding. The method of reduction and
disposal will be at the discretion of the Contractor subject to City approval. Grinding in
place may require documentation and pre - approval of regulatory authorities.
Coordination of any potential grinding will be done by the City.
4e. Debris Removal from Private Property
The Contractor shall remove debris from private property under extenuating
circumstances, as directed by the City. A sample right -of -entry agreement form will be
provided by the City.
4f. Load Tickets
Load tickets will be used for recording volumes of debris removal. The Contractor shall
provide an automated debris management ticketing and accounting process for debris
management projects. Each ticket will be a five -part carbon copy ticket and shall contain
the following information:
• Ticket Number
• Contractor's Name
• Crew Number
• Truck Number
• Date
• Debris Removal (Pickup) Location
• Debris Removal (Pickup) Location Departure Time
• TDSR or Disposal Site Location
• TDSR or Disposal Arrival Time
• Debris Classification
• Debris Quantity
• Signed by a City representative
Debris quantity will be determined by a City representative at the TDSR and /or disposal
site, and based on the predetermined truck bed measurements. Trucks with less than
full capacity will be adjusted downward by visual inspection by the City's representative.
Truck bed measurements shall not be adjusted upward. Load tickets will be issued by
090225
the City's representative to a vehicle operator upon completion of collection at the
collection site. The City's representative will keep one copy of the ticket and give four
(4) copies to the vehicle operator for the Contractor's records and TDSR or disposal
sites.
4g. Debris Removal Equipment
All trucks and other equipment must be in compliance with all applicable federal, state
and local 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 rigid
tailgate that will effectively contain the debris during transport and permit the truck to be
filled to capacity (i.e. the tailgate must be able to hold a compressed load); and
measured and marked for its load capacity. All vehicles shall comply with California
regulations and licensing requirements, and with applicable local ordinances governing
weight and size for the streets that must be traveled.
Sideboards 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.
Prior to commencing 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 will be rounded
down to the nearest half cubic yard and will be recorded and marked on both sides of
each truck or trailer on a white placard with black permanent markings. The Contractor
is responsible for supplying the placards. The placard should clearly display the
Contractor's company name. Each truck or trailer will also be numbered for
identification with a permanent marking. 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.
4h. Debris Removal Reports
The Contractor shall prepare daily reports, in accordance with CaIEMA/FEMA
guidelines, to detail the progress of the debris removal services to the City. Each report
shall contain, at a minimum, the following information:
• Reporting date
• Location of work (street names and address blocks)
• Contractor's name performing work at each location
• Number of passes performed at each location
• Daily and cumulative totals of debris removed, by category
• Itemized Load Ticket Information
9902 ?5.^_
• Any problems encountered or anticipated
Discrepancies between the daily report and the corresponding load tickets shall be
reconciled with the Director of Emergency Services no later than 11:00 a.m. the
following work day.
4i. Damages
The Contractor shall repair all roadways, sidewalks, utilities, fences, driveways, roofs,
drainage structures and other features which are damaged by Contractor operations,
including same damages to adjacent public and private properties. This will include the
re- sloping of damaged surfaces to original grade and filling of all ruts caused by
equipment and trucks. The Contractor shall respond to damage claims within seven (7)
calendar days upon receipt of the same by the homeowner or City Director of
Emergency Services, and shall settle valid claims within thirty (30) calendar days. Any
damage claims that are not settled by Contractor within thirty (30) calendar days will be
resolved in accordance with the laws of the State of California. The Contractor shall
provide the City's Director of Emergency Services a weekly spreadsheet listing the
name, address and telephone number of all residents claiming damage, a summary of
the claims, and a status report of the resolutions.
5. Debris Processing and Disposal
The City will identify temporary debris storage and reduction (TDSR) sites for the
temporary staging and reduction of vegetative and woody debris. The Contractor will
operate the TDSR sites and only Contractor and others specifically authorized by the
City will be allowed to use the sites. The City may also establish designated
homeowner drop off sites. The Contractor will be responsible for removing all debris
from those sites daily. The Contractor shall use only TDSR sites designated by the City.
The TDSR site foreman, appointed by the Contractor, shall direct all dumping
operations, and shall coordinate removal of debris and reduction of by- products to the
City authorized landfill locations for subsequent disposal or to recycling processors
selected by the Contractor and approved by the City.
The Contractor shall provide all management, supervision, labor, machines, tools and
equipment necessary to accept, process, and dispose of disaster related debris. The
Contractor may be asked to pay for all water and electrical services at the sites. The
Contractor may be asked to provide all necessary connections for such services. The
debris to be processed consists primarily of vegetative debris; however, the Contractor
and /or the City may choose to process other types of debris as well. The Contractor
shall be required to segregate the debris into various categories.
The Contractor shall coordinate with the City to obtain the necessary permits to perform
all site activities. The disposal cost for the processed material, all by- products and
waste materials shall be the responsibility of the Contractor.
10
990225,2
The Contractor shall be responsible for sorting and stockpiling of debris at the site.
Household Hazardous Waste (HHW) must be handled, stored, processed and disposed
of in conformance with all applicable local, state and federal rules and regulations. The
Contractor will set up a lined containment area and separate any household hazardous
waste delivered to or stored at a TDSR site.
Commercial and industrial hazardous waste such as chemicals, gas containers,
transformers, and any other form of hazardous or toxic matter will be set aside for
collection and disposal by a hazardous materials removal and disposal contractor who
will be selected under a separate contract with the City.
The Contractor shall establish sufficiently impervious temporary storage areas for HHW,
fuel and other materials that may contaminate soils, runoff or groundwater. The
Contractor shall establish sufficiently impervious secondary containment under all tanks
in accordance with all federal, state and local rules and regulations. The Contractor
shall establish temporary storage and processing areas for HHW that protects the site
from contamination.
Vegetative waste and wood chips shall be stockpiled in a manner that will prevent
combustion, wind drift and run -off into streets, the storm drainage system, and adjacent
properties.
The Contractor is solely responsible for worker safety, including its subcontractors and
suppliers, in accordance with all federal, state and local laws and regulations.
The Contractor shall be responsible for traffic control, dust control, erosion control, fire
protection, on -site roadway maintenance and safety measures at the TDSR site. The
Contractor shall direct traffic entering and leaving the site and shall direct all loading and
unloading operations at the site.
Upon completion of the debris reduction process, the Contractor shall clear the sites of
all debris and restore the sites to their original condition and to the satisfaction of the
City.
All equipment must be in compliance with all applicable federal, state and local rules
and regulations. All equipment and operator qualifications must meet all federal, state
and local safety and health requirements. The Contractor, using applicable forms, will
inspect equipment prior to its use. The completed forms will be provided to the City, if
requested.
Prior to commencing debris reduction and disposal operations, the Contractor shall
present to the City's representative a detailed description and operational specifications
of all equipment to be used for debris handling, sorting, processing, loading and hauling;
stating brand name, model and horsepower. Equipment which is designated for use
11
990? ?52
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 who are not a party
to this Contract or to a subordinate contract that arises out of this Contract. Under no
circumstances will the Contractor mix debris hauled or processed for others with debris
hauled or processed under this Contract.
If the Contractor chooses to use chipping and /or grinding as a method of debris
reduction, it is the Contractor's responsibility to dispose of the chips or mulch in
compliance with all federal, state and local rules and regulations at no additional cost to
the City. Beneficial reuse of the chips is strongly encouraged.
5a. Temporary Debris Staging and Reduction (TDSR) Site Requirements
The Contractor will provide a site operations plan for review by the City prior to
beginning work. At a minimum, the plan will address the following:
• Access to the site
• Traffic control procedures
• Site management, to include point -of- contact, organizational chart, etc.
• Site security
• Site safety
• Site layout/segregation plan
• Hazardous waste materials plan
• Environmental mitigation plan, including considerations for smoke, dust, noise,
traffic, buffer zones, storm water runoff, archeology, historic preservation,
wetlands and endangered species, as appropriate.
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 water all roads to
control dust. The Contractor shall provide utility clearances and sanitation facilities, if
needed. The Contractor shall protect existing structures at the site(s) and repair any
damage caused by its operations at no additional cost to the City.
The Contractor shall be responsible for installing site security measures and maintaining
security for its operations at this site. The Contractor shall manage the site to minimize
the risk of fire.
The Contractor shall provide an inspection tower at each TDSR site. If a site has
separate entrances and exits, the Contractor shall provide a tower at both the entrance
and the exit. This tower shall be constructed such that the City monitor can see the bed
when empty to fully view the entirety of the debris load (at least 10 feet above the
existing ground surface) for the purpose of establishing the load volume. The
inspection tower shall be constructed to meet all local, state and federal safety
' 12
99022$.2
requirements. The tower shall be constructed using pressure treated wood. The floor
area shall be 8 feet by 8 feet, constructed of 2 inch by 8 inch joists, 16 inch O.C. with %
inch plywood supported by four 6 feet by 8 feet posts. The perimeter of the floor area
shall be protected by a 4 foot high wall constructed of 2 inch by 4 inch studs and Y: inch
plywood. The floor area shall be covered with a corrugated tin roof. The roof shall
provide a minimum of 6 feet, 8 inches of head room below the support beams. Access
shall be provided by wooden steps with a hand rail. The tower shall include a writing
surface area. The tower must be securely anchored to the ground. The Contractor may
provide a mechanical lift or suitable metal scaffolding to be used in place of the
constructed tower. Mechanical lifts are acceptable only on a temporary basis for use
while constructing inspection towers. The metal scaffolding is not recommended due to
potential threat of lightning. The Contractor shall remove and dispose of the inspection
towers following completion of the debris removal at the direction of the City Director of
Emergency Services.
The Contractor shall provide portable restroom facilities at all TDSR sites. The portable
restroom facilities must be serviced and maintained in a clean and sanitary condition.
The Contractor shall be responsible for control of pedestrian and vehicular traffic in the
work area. The Contractor shall provide all flag persons, signs, equipment and other
devices necessary to meet federal, state 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. As a minimum, one flag person shall be posted at each
entrance to direct traffic at the site.
The Contractor is responsible for the proper disposal of all debris, residuals and waste
products from the site.
The Contractor shall receive approval from the City as to the final acceptance of a site
closure.
5b. Household Hazardous Waste (HHW)
The Contractor may be required to construct a containment area at the TDSR site(s) for
HHW. This containment area shall be sufficiently impervious to contain spills.
This material shall be segregated from the remaining debris using a 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.
The Contractor will be responsible for reporting to the City and cleaning up all HHW
spills caused by the Contractor's operations at no additional cost to the City. 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 and local laws and
regulations. Spills shall be reported in accordance with federal, state and local
regulations.
13
990225
5c. Debris Processing and Disposal Reports
The Contractor shall prepare daily reports, in accordance with CalEMA/FEMA
guidelines, to detail the progress of the debris reduction and disposal services to the
City. Each report shall contain, at a minimum, the following information by site and the
total for all sites:
• Reporting date
• Daily and cumulative totals of debris processed, by method
• Daily and cumulative totals of debris disposed of, by location
• Daily and cumulative totals of HHW debris segregated
• Any problems encountered or anticipated
The Contractor will be required to assist the City with the preparation and submittal of
Debris Site Management Reports.
5d. Damage Claims
The Contractor shall submit a weekly report to the Director of Emergency Services on
an Excel Spreadsheet summarizing the current status of all damage claims. The
weekly report shall include the name, access and phone number of the claims, a
summary of the claim and the status or the resolution.
5e. Additional Required Equipment
The Contractor shall have available additional equipment including, but not limited to,
backhoes, bulldozers, etc. for the City's use as requested by the City.
6. Training and Pre -Event Workshops
The Contractor shall conduct annual training and pre -event planning workshops at no
cost to the City. Topics should range from, but not be limited to, mobilization and
operational considerations including:
• Temporary debris site selection and evaluation;
• Emergency facility and route designation and priorities;
• Review of debris management plans;
• Environmental and historical structure considerations;
• Local subcontractor participation (with accompanying training workshops);
• Recovery systems training (i.e. — Debris Management System (DIMS));
• GIS assets and systems;
• Billing protocols;
• Technical assistance administration; and
• Other area - specific operational considerations and caveats.
14
990225
CONTRACTOR'S PRICING PLAN
COMPENSATION: This is a usage Contract between the City and Contractor for
Professional Services, Disaster - Related Debris Management and Recovery
Services, as provided in Exhibit A, Scope of Work. The Contractor agrees to accept
the specified compensation as set forth in this Contract as full remuneration for
performing all services and furnishing all staffing and materials required, for any
reasonably unforeseen difficulties which may arise or be encountered in the
execution of the services until acceptance, for risks connected with the services,
and for performance by the Contractor of all its duties and obligations hereunder.
The City shall have no obligation to pay any sum, should the Contract never
be utilized.
II. PAYMENT SCHEDULE: The City will pay the following fees in accordance with the
provisions of this Contract; partial payment may be allowed at the City Director of
Emergency Services' discretion. Payment will only be made for debris management
and recovery services that CalEMA/FEMA determines eligible, as identified in the
FEMA Regulations, Public Assistance Guides and Fact Sheets. The equipment
rates listed below include the cost of experienced, licensed operators. Any
deployment of equipment or labor listed below is subject to prior approval by the
City Director of Emergency Services'.
a. Price Breakdown:
Emergency Disaster Assistance Recovery - Unit Fee Schedule (Schedule 1)
15
990225.2
Task Description
Unit
price
Item
Measure
0000
Prgiecl Management/Technical Assistance /Annual Training
N/A
$0.00
0000
First Response (1- mergency Road Clearance, First Push)
Hourly
See Sch,ds
la & 2a
0001
Rights of Way (ROW) Vegetative Collection Rate _ /a
Cubic Yard
$8.00
0002
0 -5 miles to debris management site
0003
G -1(l miles to debris management site
Cubic Yard
$10.00
0004
11 -15 miles to debris management site
Cubic Yard
$10.75
0005
16 -20 miles to debris management site
Cubic Yard
$12.75
6006
21 -30 miles to debris management site
Cubic Yard
$14.75
0007
31 -60 miles to debris management site
Cubic Yard
$17.75
UOOg
nsists ofpiekup and iranspon of eligible vegetative debris on the City ROW or
perty to a City approved TDSRS or other dessignated dispos al facility.
0009
f Way (ROW) Construction & Demolition Collection Rale_ /h
d
$8.50
11010
s to debris management site
011
les to debris management site
00�
d
$10.50
U 112
iles to debris management site
d
$12.00
U013
iles to debris management site
d
$14.00
U014
iles to debris management site
rd
$16.00
0015
31 -60 miles to debris management sit,rd
$19.00
15
990225.2
1-1016
h..Scn /n• covi.ut r fplrAnp aril tramporl of eligible C,f D debris on the Cily NOIV nr desigmaed public
prolorb'to a 011' approved TDSRS or other desigmaled disposal forili(y•.
U017
Private Property (Right of Entry) Debris Removal _lc
U020
Vegetative debris cuuing & removal
Cubic Yard $6.00
U021
Construction & Demolition (C &D) debris removal
Cubic Yard $7.50
U022
13ackfill Material on private property (Compatible soil to fill creuied voids)
Cubic Yard $18.00
U023
c. Prices reflect scope for removal ofdebris from private property to be placed onto Cify ROW.
Collection, hauling and disposal of mid debris from ROW to he paid at applicable contract rates.
0024
Management of TDSRS and Debris Processing_m
11025
Site preparation and management
Cubic Yard
$3.00
U026
Debris processing/reduction, by grinding ( Vegetative)
Cubic Yard
$2.50
11027
Debris processing/ reduction,byhurning(Vegetative)
Cubic Yard
$3.00
U028
Debris processing/reduction, by compaction (C &D)
Cubic Yard
$2.75
U029
it Sew- consists ofthe management and operation of TDS'RS'for acceptance, management,
segregation and staging nfdisaster related debris. Additionally, work consists gl'all labor , equipment .
fuel and miscellaneous costs necessary to rxvluce storm generated debris br grinding or hr incineration.
U030
Debris Disposal (to Final Destination, Landfill) 2i,
U031
final disposal of reduced /compacted materials, 0 -15 miles
Cubic Yard
$5.40
U032
Final disposal of reduced /compacted materials, 16 -30 miles
Cubic Yard
$6.30
U033
Final disposal of reduced /compacted materials, 31 -60 miles
Cubic Yard
$7.20
11034
-Transporting processed debris to final disposal ( >60 miles ).
-Disposal Tipping Fee is a pass - through cost.
Cubic
Yard /Mile
$0.38
U035
e. Work consists of pick +pond transport ufredun•d debris at a C'iq• approved T/JSR.S to a.frnal
divposalfacilin•.
U036
Hazardous Stump Removal & Collection if
U037
Stump extraction and hauling to TDSRS (> 24" to 36" diameter)
Per Stump
$150.00
U038
Stump extraction and hauling to TDSRS (> 36" to 48" diameter)
Per Slump
$234.00
U039
Slump extraction and hauling to TDSRS (> 48" to 60" diameter)
Per Stump
$330.00
U040
Stump extraction and hauling to TDSRS (> 60" to 72" diameter)
Per Stump
$420.00
U041
Slump extraction and hauling to TDSRS (> 72" diameter)
Per Stump
$540.00
U042
13ackfill Material (Compatible soil to fill stump voids)
Cubic Yard
$18.00
0043
f Scope carsists r fremoval and collection ofstumps partialy uprooted in the ROW (per F EAIA debris
guidance specific'ations)..Stamps' In be properly identified, certified and olocummrted, per h EMA
guidance. by City or its representative.
0051
Hazardous Trees & Dangerous Hanging Limbs (Hangers) _m
11052
Partially Uprooted Trees
11053
Trees on or in ROW, 6 -12" diameter
Per Tree
$120.00
11054
Trees on or in ROW, 13 -24" diameter
Per'Tree
$225.00
U055
Trees on or in ROW, 25 -48" diameter
Per Tree
$780.00
0056
'frees on or in ROW, 49 -72" diameter
Per Tree
$1,250,00
11057
'frees on or in ROW, >72" diameter 1,Pe
r Trce
$1,650.00
U058
Hanging/Damaged branches and limbs (hangers)
Per Tree
$195.00
D059
l+. Scope consists nfremovol ofha:.ordovs trees from public property or ROW or rive overhanging
portion of the ROW with placement of debris oa ROWfar collection and haul -off, Diameter of!dent fed
frees measured of 2 feet from base. All trees must be measured and pre- approved for remmat by Cily
authorities. .Scope also includes removing hanging limbs or partially broken limbs from trees on ROW
or limbs /ranging over ROW and placing resultant debris at the ROWfor haul -off.
11060
Other Unit Services /
Animal Carcass hauling and disposal
Per Pound $3.90
IiDead
Household Hazardous Waste (HHW) removal and disposal
Per Pound $16.15
lazardous, Toxic, Radiological Waste (HTRW) removal and disposal
Per Pound $330.00
ill
99(235
IJ064 I
White Goods removal, collection and hauling (to DMS /FDS)
Each
$82.80
U065
Freon management & recycling (at work site /DMS /FDS, as applicable)
Each
$82.80
11066
Electronic Waste (E-waste) removal (load, haul and dump at DMS /I'DS r cycler(
with permissions)
Each
$90.00
IJ067
Broken Concrete removal (load, haul and dump at DMS /FDS (recycled with
permissions)
Cubic Yard
$34.20
U068
Sand collection and screening and/or beach restoration
Cubic Yard
See Sched 3
1)069
3ank/Cunal Restoration (lo include all necessary equipment/ materials)
Linear Foot
$42.00
1J 0
S0 Storm Sewer and culvert cleaning (to include all necessary eyuipmcnt/materials)
Linear Foot
$38.40
0071
Abandoned Vehicle Removal (tow /transfer passenger vehicle)_/'
Bach
$300.00
0072
Abandoned Vehicle Removal (tow / trans(er recreational vehicle up to 24')_/"
Uach
$474.00
U073
Operation ol'secure aggregation site Ibr vehicles and vessels
Day
$1,920.00
1)(174
Storage ofeach -light and medium duty vehicle and /or vessels
Day
$114.00
U075
Derelict/Sunken Vessel Removal (from marine environments)_ /"
fool
See Sched 3
U076
Inspection "Power (Temporary Debris Management Site)
Bach
$4,200.00
5 077
Ta-vardousWaste Containment Area Construction (as applicable,'I'DSRS, DMS)
lath
$12,000.00
1)078
j. Some special unit services (') mmv require unique considerations with respects to scope of wvrk as
then mqv require unecpected additional effort. As such, at the discretion (if the City and Court clor
fiather negotiation nun' be needy/ on o case by case basis.
zzZ
Oxx
Personnel Equipment and Materials (Emereencp Puslr/Misc•. Services) - Price Schedule
(Schedule 2a)
No. I
Service Description
Size or 7'ype_/a
Unit
Unit Price
H000
Heavy Equipment (O erator, itel, mainlena+rce included)
11001
Skid -Steer Loader Mini - Loadcr)
Bobcat 753 /Cat
216 /1D 313
Hour
$90.00
11002
Uxtendaboom Forklift w /debris grapple
Bobcat
V638/Cat'11.642
Hour
$126.00
H003
Backhoc, Wheel Loader, 1.0 -1.5 CY
Cat 416E
Hour
$110.00
11004
Backhoc, Wheel Loader, 2.0 -3.0 CY
Cat 430E
1 -lour
$132.90
11005
Backhoe, l ixtend -a -hoc 1.0 CY, 4WD, extendable)
3M 1(1J /Cat 420E
Hour
$110.00
11006
Wheel loaders, 1.0 -1.5 CY
Cat 908 /JD 304 /Case
321
Hour
$114.00
11007
Wheel Loaders, 2.5 -3.0 CY
Cat 930 /JD 544HVol
1.70
Hour
$144.00
11008
Wheel Loaders, 3.0-4.5 CY
Cat 950/JD 644
Hour
$175.00
11009
Wheel Loaders, 4.5 -6.0 CY
Cat 966/JD 744/Vol
1,150
Hour
$190.00
11010
Wheel Loaders, 6.0 -7.0 CY
Cat 980 /1D 844Nol
LI80
hour
$210.00
11011
'tracked Loader (Trackhoe w/ misc. attachments)
Cat 320 /JD 690 /Kob
EDI90
Hour
$174.00
[1012
Knuckleboom Loader Truck (Self-Loading)
35 -45 CY Body
Hour
$200.40
11013
Dozer, Tracked
Cat D4
hour
$135.00
11014
Dozer,'Fracked
Cat D5
Hour
$145.00
11015
Dozer, Tracked
Cat D6
Hour
$150.00
11016
Dozer, Tracked
Cat D7
Hour
$181.25
11017
Dozer, Tracked
Cat DS
Hour
$212.50
17
990225.2
11018
Dozer, Tracked
Cat D 10'1'
Hour
$462.00
11019
1l draulic Excavutors I.5 CY
Cat 320
Flour
$160.00
11020
11 draulic Excavators, 2.5 CY
Cat 325
Hour
$175.00
11021
IT draulic Excavmnrs, 3.5> CY
Cat 330
Iiuur
$195.00
IJ022
ExcavatorfFrackhoc Rubber Tire (w/ debris grapple)
Cut 315C/JD
1600 /Vol EC160
Iiuur
$165.00
11023
Tractor w/ Box Blade (30 -70 1I
JD 21(11. /Case 570M
Hour
$62.50
11024
Motor Grader (w/ min 12' blade)
Cat 1206 /125(140
II
Hour
$154.81)
11025
Off Road Truck 15 -20 c , 24MT
Cat 725/1D 2501) /Vol
A25
Hour
$198.(1(1
11026
30 Ton Crane
Ferex R'1' 335
30MT , equal
Hour
$243.75
11027
50 Ton Crane
'fcrex RT 550
50MT , equal
Hour
$312.50
11028
1 100'Fon Crane (8 hr minimum)
T'erex ITCI 10,
KobCK1000
(lour
$435.00
11029
Bucket Truck
Up to50'reach
Hour
$168.75
11030
Bucket Truck
40' to 75' reach
Hour
$187.50
11031
Trash Transfer Trailer w /'Tractor
110 Yard
Flour
$160.80
11032
Mechanized Broom
Street Sweeper
[lour
$97.20
11033
Water Truck
2000 Gallon
Hour
$109.20
11034
Service /Fuel 'Frock
Multi
Hour
$102.00
H035
Soil Compactor 81 Ii P+
Case /Cat/Wacker
Hour
$97.20
11036
Soil Compactor 80 111,
Case/Cat/Wacker
Hour
$90.00
11037
Soil Compactor, Towed Unit
Wacker
Hour
$28.80
11038
Stump Grinder (30" diameter or less)
Vermeer 252
Hour
$109.20
_JILL
Stump Grinder (greater than 30" diameter)
Vermeer 752
Hour
$154.80
N040
Stump Grinder
Vermeer60TX
Ifour
$174.00
11041
Chipper w/ 2 man crew
Morhark Storm
Hour
$160.80
11042
13 -Foot Tub Grinder
Morbark 1300 /850
HP
I -lour
$570.00
11043
14 -Foot Tub Grinder
Diamond 7_
1463/1600 HP
I -four
$630.00
11044
Air Curtain Pit Burner Self contained)
N/A
Hour
$62.40
11045
Air Curtain Refractory Incinerator
N/A
[lour
$90.00
11046
121' Lowboy' railer (Equip. Transport w/ Tractor)
12 Ton
Hour
$70.80
35T Lowbn 'frailer (E ui . Transport w/ Tractor)
35 Ton
Hour
$114.00
SOT Lowboy Trailer (l ui . Transport w/ T'mclor)
50 Ton
Hour
$156.00
Track Mounted Winch
"f ow Truck
Hour
$114.00
1,o Skiddcr
Cat 52513/11) 6481:/G
III
Hour
$210.00
111056
Waste Collection Rear loader Truck
N/A
Hour
$174.00
Vacuum Truck/Jetter
3500 Gallon
Hour
$330.00
Crash Truck wAm act Attenuator
N/A
Hour
$135.60
Power Screen
N/A
Hour
$122.40
Stacking Conveyor
N/A
Hour
$32.40
Hauling Vehicles (O eralor, uel, maintenance inchtded)
11057
Dum 'Truck
5 to 15 CY
Flour
$66.00
I1058
Dum "Truck
16 to 24 CY
Hour
$90.00
M
99(22$
11059
Dum "Truck
25 to 34 CY
Hour
$100.0(1
11060
Dum "Truck 'frailer Dump w /'tractor)
35 to 44 CY
Hour
$I 10.00
11061
Dum 'Truck (Trailer Dump w /'I'ntcart
45 to 54 CY
Hour
$120.00
11062
Dum 'Truck 'frailer Dump w/ Tractor
55 to G4 CY
Hour
$140.00
11063
Dump Truck 'frailer [lump w /'Tractor)
65 to 74 CY
Hour
$150.00
11064
Dump 'truck 'frailer Dump w/ Tractor
> 75 CY
Hour
$150.00
11065
Walking Ploor'Trailer w /'tractor
100 CY
Hour
$I5(i.25
Transportation Vehicles (Operator, fuel, mamlenance NOT
11066
included: louned vehic /es, insurance included)
11067
Picku Truck
12'I'on
.00
11 69
Picku Truck
3/4 Ton
.00
1R)69
pickup 'Truck
I Ton 4x4
.00
11070
Box Truck
3/4 Ton
.40
11071
Utility Van
3/4'I'on
.00
4Da$84.00
11072
Passenger Van
9 Passenger
.00
11073
Passen er Car
Pull sire
.20
11074
Res onse Trailer
20 Foot
.75
11075
Res onse Trailer
30 Foot
.75
11076
flatbed'l'miler(4011
GWVto450
.(10
11077
1'emonneb'E ui men!
Individual
[lour
$85.00
11079
Project Operations Manager
11079
Superintendent with Cellfl'ruck
Individual
[lour
$90.0(1
11080
Supervisor with Cell (ruck
Individual
Hour
$84.00
11081
foreman with Cell / truck
Individual
1 -lour
$70.00
11082
Inspector with Cell /Vehicle
Individual
Hour
$51 AO
11083
Flealth/Safet or C Mana er with Picku 'Truck
Individual
Hour
$78.00
11084
Safet Su rintendent
Individual
Hour
$66.00
11085
Mechanic with'Truck and Tools
Individual
flour
$70.00
11086
Climber with Gear
Individual
(lour
$102.00
I1087
Labor/Operator with ChainsawfI ools
Individual
Hour
$54.00
11088
Laborer with Tools
Individual
our
$39.00
11089
Tragic Control Personnel
Individual
)lour
$36.00
11090
"Picket Writers
Individual
I -lour
$36.00
11091
Surve Personnel with Vehicle
Individual
hour
$45.60
11092
Project En �ineer
Individual
Hour
$114.00
11093
Equipment 0 erator
Individual
Hour
$66.00
11094
' rruck Driver
Individual
I lour
$54.00
11095
Administrative Assistant
Individual
Hour
$33.00
11096
Clerical
Individual
Hour
$29.00
11110
Marine Resources (Fuel, rnainienmrce included)
li 1 1 I
56' Shallow Drali Landing Craft with Crane
Crew of 2
Day
$7,560.00
Ii 1 12
40' Sectional Bare w/ Mounted Excavator & Push boat
With 2 man Crew
Da
$8,400.00
11113
33' Past Bare with Winch
Crew of 2
Da
$5,040.00
11114
14' Utility Boat with Motor Work Boat)
With 2 man Crew
Da
$2,016.00
111 15
12' Utilit Boat with Motor ( Work Boat)
With 2 man Crew
Da
$1,344.00
11 116
12' Utility Boat without Motor Work Boat)
With 2 man Crew
Da
$1,008.00
11117
Tank Diver with Gear
Individual
Hour
$201.60
11118
1lardhat Diver with Gear
Individual
Hour
$840.00
FI 119
Scuba Bottle Refill (Air)
80
1 Each
1 $20.40
19
990225.2
11 120
Air Pump with multi breathing lines Brownie Lung Da $672.00
1.1121
Miscellaneous Fquipment/Items (reel, maintenance included,
where a Vicable
11122
Translerffow handle ofTypical Passen Ecr Vehicle
2 Axle /4 Wheel
(I for)
Each
$234.00
11123
Transler7fow, handle of Recreational Vessel
Up to 24' in length
Each
$390.00
H 124
'transferfFow, handle of Recreational Vessel
24.1' to 48' in length
Bach
$510.00
11125
Traffic Contro1,'I'em Single Lane Closure
N/A
Flour
$174.00
11 126
Trafii tr
c Conol, `rem Raad Closure
N/A
Hour
$354.00
11127
Wei shin, Scales, Truck, Certified
Portable
Hour
$66.00
1.1129
Li ht Tower PorWblc li ht )ant w/ Generator
w/ Generator
Hour
1 $42.00
11129
Office Trailer
40 Poo(
Da
$200.40
1 -1130
Stom a Container
40 Foot
Da
$122.40
11 131
Portable F ewash Station
OSI IA Spec
Ua
$45.60
I1132
First Aid Station
OSI]ASpec
Da
$150.00
li 133
Portable Toilet Port a John)
Single
Weck
$330.00
11134 1
Observation Tower
USACE Spec
Each
$4,200.00
Notes:
a. Listed equipment pTa or equivalent (various manufactures).
1. Day rate represents 10 hour day (minimum).
2. Fuel surcharges may apply (negotiable at lime ol'NIP).
Beach Restoration. Canal Work, Waterways & Sunken Vevvel Removal - Price Schedule
(Schedule 3)
BeachlLake Restoration
No.
Description
Unit
Price
M001
Collection ol'debris -laden sand from ROW,
hauling to the processing screen and sand pile
maintenance. Up to 15 mile haul to screen.
Per Cubic
$I2.Op
Debris from screen to he hauled by cubic yard
Yard
debris rate in contract.
M002
Berm /13cach Construction shall include
transportation of screened sand to beach from
screening site, including shaping of material
Per Cubic
$12'00
on emergency berm. To include stockpile
yard
maintenance. Up to 15 miles haul from screen.
M003
Scrape and screen shall include the collection
of debris laden sand from beach, processing it
through screen, returning sand to beach and
per Cubic
$12'00
spreading sand on beach. Work to be
yard
errf r—I on beach.
Bank/Canal Work
No. Description Unit Price
20
990225
M004 [lank /Canal Shoreline Restoration Per Linear $35.00
Foot
Note: To include any necessary excavation,
compaction, fill and backfill ofembankment
soils and seeding, materials to restore banks to
M005a Canal /Marine Debris Removal (land Per Cubic $42.00
Based )_/a Your
M005b Canal/Marine Debris Removal (Marine Per Cubic $594.00
Based) /a Yard
Note: Removal of storm generated debris from marine environments
including streams, canals, and waterfronts by applicable land -based or
marine -based processes.
a. Price negotiated fix special circumstances for canal and marine debris
removal (incident snecific). _
Derelict/Sunken Vessel Removal
No.
Note: large vessels, houseboats or vessels within environmentally sensitive areas may require unexpected
additional eflixt. Work may he negotiated on a case -by -case basis under such conditions.
Note: Fuel surcharges may apply (negotiable at time of Note: Fuel surcharges may apply (negotiable at time of
NIP) N'IP).
Emergency Drinking Water Ice SupnlV A Supplemental Foods - Price Schedule
(Schedule A)
Drinking Wafer
8.45 OZ. (250 ml.) Units - 27 Units /Case (9 x 3
EW01 I Packs/case)
135 Cases/Pallet
21
990225
Prices
Description
Unit
Price
M006
Marine Salvage Operations
Per Linear
Foot
M006a
Less than 20 feet
$335.00
M006b
20 to 25 feet
$370.00
M006c
25 to 30 feet
$430.00
M0OGd
Greater than 30 feet
By Case
M007
land Based Salvage Operations
Per Linear
Foot
M007a
Less than 20 feet
$162.50
M007b
20 to 25 feet
$234.00
M007c
25 to 30 feet
$357.50
M007d
Greater than 30 feet
By Case
Note: large vessels, houseboats or vessels within environmentally sensitive areas may require unexpected
additional eflixt. Work may he negotiated on a case -by -case basis under such conditions.
Note: Fuel surcharges may apply (negotiable at time of Note: Fuel surcharges may apply (negotiable at time of
NIP) N'IP).
Emergency Drinking Water Ice SupnlV A Supplemental Foods - Price Schedule
(Schedule A)
Drinking Wafer
8.45 OZ. (250 ml.) Units - 27 Units /Case (9 x 3
EW01 I Packs/case)
135 Cases/Pallet
21
990225
Prices
Note:
Prices arc P.O.B. Miami, 1 :1. or West Palm Beach,
FL.
lee SupPI),
No.
Cases
Pallets
Price
Price/ Case
ti101
Per Unit
Per
pound
Per Pallet
EW01a
135 -675
1 -5
$
8.15
$
0.30
$
1,100.25
EW016
810 -1350
6 -10
$
7.85
$
0.29
$
1,059.75
EW01c
1485.1500
11 -20
$
7.65
$
0.28
$
1,032.75
meal
$
6.60
2. Sun Meadow liot Meal Pack (Meal
Onc
EM04 I
EW02
1 Liter (I000mL) Units - 12 Units /Case
75 Cases /Pallet
Cases
Pallets
10.95
Price /Case
3. Sun Meadow 3 -meal Pack:
1'er Unit
$
Per Pallet
EW02a
75 -375
1 -5
$
9.63
$
0.80
$
722.14
EW02b
450 - 750
6 -10
$
9.20
$
0.77
$
689.85
1W(12c
825 -1500
11 -20
$
8.95
$
(05
$
671.40
Note:
Prices arc P.O.B. Miami, 1 :1. or West Palm Beach,
FL.
lee SupPI),
No.
Description
Unit
Price
ti101
Packaged Ice Delivered (3, 5, 7 Ibs
Per
pound
$
0.51
13102
Packaged Ice (10 Ibs)
Per bag
$
4.69
6103
Packa Eed Ice 20 Ibs)
Per bag
$
6.99
E104
Additional Ground Mileage
Per mile
$
3.32
6105
Standby Time in Excess of 2 I lours
(Demurrage)
Per hour
$
87.75
Supplemental Food Sources (MRE)
No.
Descri tion
Unit
Price
EM01
I. Meals Ready to fiat (MRE Regular):
Per meal
$
7.28
(8oz Entree +Heater Element -72 /Case)
EM02
2. Meals IZcady to Hat (MRt, De Luxe):
1'cr meal
$
13.25
(8uz I: :ntr&, I Drink, I Fruit Cup +Ileater Element -
12 /Case)
I. Sun Meadow I lot Meal (Entree w/
One
EM03
heater :
meal
$
6.60
2. Sun Meadow liot Meal Pack (Meal
Onc
EM04 I
kits):
meal
$
10.95
HM05
3. Sun Meadow 3 -meal Pack:
Per pack
$
8.75
Portable Toiiets/Mandwashing Stations
No. Description Unit Price
Per
EPI101 Mobile Toilet Unit (9 Stall bare) week $ 17,960.00
General Notes:
22
990225.2
Trucking and storing ol'above listed food items shall be invoiced at actual cost.
I. As ice and water represent scarce commodities Billowing a storm event, specific terms and conditions shall be included
as part of an executed contract. These terms and conditions are available fix review at your request.
2. Prices are valid for an annual term, at which time prices require renegotiation.
3. Ice supply subject to availability. Every cll*o t will be made to deliver packaged ice in the quantities specified and to the
delivery sites specified as timely as possible. Minimum quantities required.
Product Standards: Ice provided under this contract shall be:
( I ) manufactured within no more than 120 calendar days ol'the dale of delivery;
(2) tube or crushed ice (block or shaved ice is not
used);
(3) manufactured in compliance with the Food and Drug Administration (FDA)
(4) manufactured by ice plants that use source water from a public water supply which is currently in compliance with the
National Premium Drinking Water Regulations (NPDWR) ol'the Safe Drinking Water Act (SDWA) and which achieved
that compliance without an exemption under the SDWA; and
(5) produced, packaged, transported, stored and handled in accordance with all applicable Federal, state and local laws and
regulations.
Packaging: Ice shall be scaled in 5 to 20 pound plastic bags and stacked on pallets. Each pallet shall contain 2,000 pounds,
net weight, of ice. A protective layer (slip sheet) ofthick paper, plastic (6 mil) or waterproof corrugated cardboard shall he
placed between the slacked ice and the pallets. Pullets of packaged ice will be Fully covered on all four (4) sides with a
minimum of four (4) layers ol'shrink wrap. All pallets shall be 4' x 4' nominal, constructed of hardwood, designed for
pickup on all four sides and repeated use with a 2,000 lb, load. Each pallet is packaged to withstand severe climatic
conditions.
Note: Fuel surcharges may apply (negotiable at time of NIT).
Disaster Response Mau Camps /Comfort Services - Price Schedule (Schedule B)
Emergency Sleeping Quarters
Option I (MCOla)
I — 168 -Mali Dortuitorp
.Structure Unit Rental Price
Wood Floor w/ New Carpeting $ 174,104.04
Air Conditioning/Combination
licating Units
Power Generation
Metal Halide Lighting Package
168 Mil -Spec Cots
2 — Personnel Doors
Up to 4 Weeks Rental
I — 2110 -Man Tension Tent Unit Rental Price
Wood Floor w/ New
Carpeting $ 201,529.35
Air
Conditioning/Combination
licating Units
Power Generation
Metal Halide Lighting
Package
200 Mil -Spec Cots
2 — Personnel Doors
to 4 Weeks
Dinina Facilities
O tion I (MCO2a ) Orion 2 (MCO26
1 — Dining Strrrchrre for 500 Unit Rental Price 1 — Dining Structure for 350 Unit Rental Price
Wood Floor w/ EventPro $ 132,810.48 Wood Floor w/ E'vcntPro $ 99,824.34
23
9902252
Flooring
Air Conditioning/Combination
Beating Units
Power Generation
Metal Halide Lighting package
2 — Personnel Doors
64 -8' Banquet'I'ables
512 Folding Chairs
Un to 4 Weeks Rental
Restroom Facilities
Flooring
Air
Conditioning/Combination
Ideating Units
Power Generation
Metal Halide Lighting
Package
2 — personnel Doors
44 — 8' Banquct Tables
352 Folding Chairs
UP to 4 Weeks Rental
_Option l (MC'03)
No.
Rate
Camp Service Facilities
No.
Unila_fir
Rental Price
Portable'Foilet Facilities
MC03a
150- Person Camp
$ 25,887.61
Daily Cleaning & Service
MC03b
250 - Person Camp
$ 55,420.20
4 Weeks Rental
MC03c
500- Person Camp /a
$ 138,550.50
Shower Facilities
I - 16 Head Shower Trailer Unit Unit Rental Price
Provides Shower Service (for
500 persons):_/b $ 253,550.00
I.iach Unit Contains:
Private Changing Stalls & 36" x
36" Shower Stalls
Propane -fired boiler system
On -board water storage
Air Conditioning
Trash Receptacles
Up to 4 Weeks Rental
Laundry Facility
l — l0 Unit Laundry Trailer
Each Unit Contains (for 250
persons): /c
Top Load Washer Units
Front Load Dryer Units
I lot and Cold Water
Air Conditioning
Folding "fable
Trash Receptacles
Up to 4 Weeks Rental
Notes:
a. For Restroom Facilities for 500 person per day full service: $40,177.50 per week for first
week, $32,791.00 for each additional week.
In. For Shower Facilities (16 Head) for 500 person per day lull service: $68,915.00 per week for
fiat week, $61,545.00 for each additional week.
c. For Laundry Facilities (16 Head) for 500 person per day full service: $70,345.00 per week for
first week, $62,947.50 for each additional week.
Man Camp Services
No.
Rate
provided by others or
Site Preparation
MC06
incident specific lump sum.
Fuel for Generators
MC07
See Schedule D.
Provided by others or
Fresh Water Supply
MC08
incident specific lump sum.
Provided by others or
Grey and Black Water Removal
MC09
incident specific lump sum.
24
9902225
Unit Rental Price
Special Fmergency Services No. Rate
Emergency Clinics and Support
Personnel MCIO Provided by others.
Notes: All pricing above assumes services I'm disaster /emergency situations. All pricing is for a minimum one -month
rental except where noted above. Quote includes all non -union labor and equipment needed for installation and take down
of structures. Quote assumes staking into level asphalt or grass surl'ace provided free ofobstruclion with direct semi -truck
access within 50' of work site. Applicable sales taxes, permits, and fuel surcharges are not included. This proposal is
subject to equipment availability at the time the notice to proceed is issued.
Note: Items subject to availability. Fuel surcharges may apply (negotiable at time of NTP).
Emergency Power Generation - Price Sdiedule (Schedule .Q
Rental Per IVeek
No
Units (Generator Size)
Per Week
G001
25 kW Generator
$
1,800.00
G002
56 kW Generator
$
2.825.00
G003
100 kW Generator
$
3,195.00
6004
175 kW Generator
$
5,400.00
G005
250 kW Generator
$
9,275.00
6006
320 kW Generator
$
8,800.(10
6007
500 kW Generator
$
11,200.00
6008
800 kW Generator
$
17,500.00
6009
1000 kW Generator
$
20,000.00
6010
1500 kW Generator
$
26,500.00
*Additional equipment rates available upon request
Notes:
1. Transportation and fuel charges not included.
2. Usage charge is calculated from "portal to portal'.
3. 1lookup /disconnnect, cables and distribution boxes not included.
4. Minimum usage charge of I week.
5. Includes service and maintenance.
6. Client agrees to start billing upon NTP regardless of signature on delivery at destination.
No. Week Month
6050 Tails $ 14.15 $ 21.22
6051 Cables (400 amp) 50ft $ 176.81 $ 530.44
Now: Items subject to availability. Fuel surcharges may apply (negotiable at time of NIT).
Emergency Fuel Deliverwifirnagement - Price Schedule (Schedule D)
No.
25
990225 .2
17001
550 mallon dual wall tank
Portable Story e Tank (Secondary Containment
$102.38
Per da •
1'002
1,000 gallon single wall
tank
Portable Storage Tank
$163.90
Per day
I :003
1,000 gallon dual wall tank
Portable Story a Tank (Secondary Containment
$191.40
Per day
1'004
6,000 gallon or greater tank
Portable Story a Tank
$204.75
Per day
1005
12 Volt Pill -Rite Pump
Fuel Pump 13 GPM, includes nozzle
$27.30
per day
1006
Portable "funk
Delivery/Pickup
Delivery/Pickup Delivery/Pickup Charge
$204.75
Per hour
F007
Portablc Tank Cleanoul Ice
Cleanout offrortable tank (if re uired)
$546.00
Per
service
F008
'Truck with Man
Transport Truck w /trailer or Bobtail Truck
$252.66
1'er
hour*
1009
Fuel Tank Trailer Only
7,500 to 8,500 gal capacity
$819.00
per day
F010
Mobile Fuel Station
12,000 Gal capacity on trailer
$389.40
Per
hour*
1:011
Frac •Tank
20,000 gallon Ibac tank
$273.00
Per day
P012
labor
Man to operate fuel station or fuel vehicles
$102.38
Per hour
Note: Additional Storage Timks rangingJi-om 250 to 20,000gallons are available upon request
• Requires 24 hour minimum
Purchase
Unit
OPIS Rack Daily
Average Price-1 Per
17100 Fuel Gasoline /Diesel /Aviation Fuel $0.85 eallon
Notes:
a. Rental /Labor Rate begins when equipment or labor leaves the facility and ends upon its return to the same facility. Reasonable
lodging expense may apply.
b. Fuel rate based on daily published average gasoline and diesel rack prices from Oil Price Information Service Net
(OPISNet.com) for I louslon, Texas (OPIS rack city), plus applicable federal, state and local taxes, delivery, administration and
overhead costs. Aviation luel based on OPISNet Jet Fuel Report for Gulf Coast Market (5 Day Average), plus applicable lees,
federal, state and local taxes.
Description of service:
A self contained generator powered system designed to meet the emergency fuel response needs of govemment and commercial
entities. This unit combines high volume fuel dispensing capabilities along with maximum portability features.
Features
-Total fuel storage capacity - 12,000 gallons (One 10K tank and two I K tanks)
-Tanks arc dual walled (secondary containment) & are Flameshield NFPA 30 rated.
-Mounted on a 53' drop deck trailer
-Six high volume fueling points with hoses on reels
-Fueling points have meter registers
-Grounding cable for vehicle re-
fueling
•20KW diesel generator
-Lights for night fueling
-No special transportation permits
26
9902252
required
-Equipped with spill response kits.
-Air compressor
-Lubricants storage tank with
dispenser
Note: Equipment/U nits subject to
availability.
EmeriLencP Satellite Telephone/Communication Services - Price Schedule (Schedule E)
Satellite Phone Service
No Description
Rate Unit
per Satellite
No.
SAT01 Phone
$175.00 Per week
Usage Cost,
per
SAT02 per phone
$3.50 minute
Satellite Internet Service
Self-Contained Trailer Equipment
Bandwidth
Monthly
Monthly
No.
Duration
Cost
INr01
3 month
$5,405.24
INT02
6 month
$4,052.24
INT03
9 month
$2,699.24
INI'04
12 month
$1,346.24
Bandwidth
Bandwitdth Upload Download Voll'
No Service Contention (Kbps) (Mbps) lines Users
Disaster
INT21 Response 10 768 2 6 10 to 20
Description of services:
Self- contained trailer auto dePkIl
This unit was designed to be a self- contained mobile unit that is weatherized. This unit is ideal for businesses that need
ultimate mobility with rapid deployment. The following equipment comes standard on each unit:
4'x 6' enclosed trailer
9,000 watt electric start generator
Andrew Smart -Ad 3 watt 1.2 meter auto deploy satellite earth station
VSAT 3100 internet modem
Motorola I loiZone Duo Mesh Wireless Router (MWR)
27
990225
Monthly
No, Service
Cost
Disaster
lN,r20 Response
$2,231.10
Bandwitdth Upload Download Voll'
No Service Contention (Kbps) (Mbps) lines Users
Disaster
INT21 Response 10 768 2 6 10 to 20
Description of services:
Self- contained trailer auto dePkIl
This unit was designed to be a self- contained mobile unit that is weatherized. This unit is ideal for businesses that need
ultimate mobility with rapid deployment. The following equipment comes standard on each unit:
4'x 6' enclosed trailer
9,000 watt electric start generator
Andrew Smart -Ad 3 watt 1.2 meter auto deploy satellite earth station
VSAT 3100 internet modem
Motorola I loiZone Duo Mesh Wireless Router (MWR)
27
990225
Universal power controller battery backup
Sclfconlainerl trailer mounted
This unit was designed to he a sell= contained mobile unit that is weatherized. The following equipment comes standard on
each unit:
4'x 6' enclosed trailer
9,000 watt electric start generator
Andrew 4 watt 1.2 meter satellite
dish
VSAT 3100 internet modem
Motorola 1- IuVone Duo Mesh
Wireless Router (MWI2)
Universal power controller battery
backup
4'x 6'
enclosed
trailer
9,000 watt electric start
generator
Andrew 4 watt 1.2 meter
satellite dish
VSAT 3100 internet
modem
Motorola IloVone Duo Mesh Wireless
Router (M WR)
Universal power controller battery
backup
'fhe following services are available wi thin the program:
Broadband Internet
Canopy Networks
Voll' Telephone and Fax
Cell Phone Repeaters
Bach satellite unit will be equipped to provide wireless broadband intemet. The units are scalable so that additional wireless
access points can be added. Each unit will have sufficient bandwidth to easily support IS concurrent internet users from the
base system. If necessary, additional units can be brought into support a larger camp population.
Voice - over - intemet protocol ( "Vo1P ') telephone and tax service will be available as an optional service with each satellite unit.
This service can handle one to eight voice lines per unit. Cell phone repeaters for Ncxtel and Cingular networks are also
available as an optional item.
Note: services subject to availability. Alternative configurations may he substituted.
Temporary Office Trailers, Mobile Command Center - Price Schedule (Schedule F)
Office Trailers
Single Unit
Dimensions: Width = 8', Unit Length = 20'
No. Category Rate Unit
OTOIa Setup Fee: $ 1,485.23 One time
Per
0T01b Single Unit $ 516.10 month
Single Unit
28
990225.2
Dimensions: Width . 8% Unit Length = 28'
No Category Rate Unit
0T02a Setup pee' $ 1 653.12 One time
Per
03'026 Single Unit $ 630.34 month
.Single Unit
Dimensions: Width - 10', Unit Length = 24'
No
Category
Rate
Unit
0T03a
Setup pee:
$ 2,202.01
One time
0'1'036
Single Unit
$ 798.34
Per month
Chemical Toilets Price Schedule
No Description Rate _ Unit
Per
110101 Port -o -let (per unit) $ 1,848.00 month
POJ02 fort -o -let (per unit) $ 72.60 Per day
Note: Plus $4.25 per mile delivery. Set up, daily service, equipment rental, and
pick up/breakdown included.
Misc. Office Supplies
No
Description
Rate
Per Da
Unit
OS01
Phone
$
19.64
Each
OS02
Fax
$
88.94
Each
OS03
2 x 2 way radio
$
34.65
Each
OSO4
Desktop Copier
$
225.23
Each
OS05
FoldinF, Chair
$
40.43
Each
OS06
Folding Table
$
98.18
Each
OS07
Small Ret'rigerator
$
323.40
Each
Emergency Pumping Units - Price Schedule (Schedule G)
Rental Per HourlDq➢ (Basic Packngc)
No.
Description ffump Size
Rate
Per Da
Rate
Per Hour /a
HP001
4" Trash Pump Package
$
1,089.05
$
90.75
EP002
6" Trash Pump Package
$
1,654.85
$
137.90
EP003
6" 11 draulic Pump with Power Pack
$
1,216.70
$
101.39
1>P004
8" 1I draulic Pump with Power Pack
$
1,818.15
$
151.51
E1)005
10" 1l draulic Pump with Power Pack
$
2,299.25
$
191.60
EP006
12" H draulic Pum with Power Pack_ro
$
2,695.95
$
224.66
29
990225.2
HP007_�
12" Centrifugal Pump (up to I IS Ill total head) m
$
1,870.00
$
155.83
EI'008
I8" Centrifugal Pump (up to 200 11 total head) n,
$
2,810.00
$
234.17
1.11'009
1 24" Axial Flow (up to 120 0 total head) m
$
3.145.00
$
262.08
Notes:
1. Transportation, mobilization/demobilization charges not included.
2. Includes suction and discharge hoses.
3. Includes installation, service and routine maintenance.
4. Pump watch services, as applicable, $910.00 per day per pump.
5. A minimum pump usage charge of'] 2 hours (day rate) will be ellective upon official client Notice to proceed,
Task Order, Purchase /Deployment Order or work area relocation request or other reasonably unnecessary
interference (once deployed) whether pumps are operational or not (with the exception of routine maintenance
and /or pump or operator tail Lire). Pump downtime attributed to client relocation requests or cease orders to
accommodate some other activity will he a considered a billable hour.
6. Surplus pumps officially authorized for deployment by the client and non utilized will be subject to a minimum
usage charge.
7. Items subject to availability.
a. Rate per day is eflective rate per 12 hour period.
b. Ten (10) day minimum applies to pump services.
Mac: Fact surcharges may apply at cost (negotiable at time ofN IP /Work Order, as applicable).
Drying 6t, Decontamination, Mold Remediatiort, Restoration - Price Schedule (Scltedule H)
Categories /Desrriprions
Unit Rate
REM001
Project Consultant (PC)
Ifour
$159.00
REM002
Project Executive (PE)
Hour
$128.00
REM003
Project Managcr(PM)
Hour
$77.00
REM004
Health & Safety Officer (I ISO)
Hour
$77.00
REM005
Technical Specialist (Superintendent) (TS)
I -lour
$70.00
REM006
Drying Technical (DT)
Hour
$70.00
REM007
Equipment Operator (EO)
1-four
$57.00
RFM008
Remediation Worker(RW)
Hour
$48.00
RL-;M009
General labor (GI.)
Hour
$37.00
REM 10
Field Auditor (FA)
I -four
$51.00
No.
Supplies /Consumables
Unit
Rate
REM020
Adhesive Remover
Gallon
$98.00
REM021
Anti - Microbial Coating
Gallon
$83.00
REM022
Anti - Microbial Disinfectant (Concrete Pre Mixed)
Gallon
$5.00
REM023
Anti- Microbial Disinfectant (MicroBan RTU)
Gallon
$57.00
REM024
Bags, Trash
Roll
$96.00
REM025
Bags,'Tresh Environmental
Roll
$108.00
REM026
Box, Storage Cardboard
Each
$9.00
REM027
Brush, Long Handle /Scrub
Each
$11.00
30
91102252
REM028
Camera (Disposable 27 exp includes development)
Each
$38.00
REM029
Cleaner General and all purpose
Gallon
$31.00
REiM030
Cleaner Electronic Grade
Gallon
$64.00
RI-M031
Decontamination Unit Disposable
Each
$426.00
REM032
Duct, Lay plat (500')
Roll
$478.00
RFM033
Fuel
Gallon
See Sched
D.
RPM034
Negative Air filters (Prefilters)
Each
$4.00
REM035
Negative Air Filters (Pleated(
Each
$8.00
REM036
Negative Air Filters (Main ITEPA)
Each
$230.00
RFM037
Poly Sheeting, Eire Retardant
I4011
$128.00
RFM038
Poly Sheeting Reinl'orced
Roll
$191.00
RFM039
Rags Cotton Cloth
Box
$64.00
REM040
Respirator Cartridges Negative Pressure (I -lal( =Face)
fair
$13.00
REM041
Respirator Cartridge PAPR(Full -Pace)
Each
$16.00
REM042
Spray Bottle w/ Trigger
Each
$4.00
RhM043
Sprayue
Can
$3.00
RFM044
Sponges Soot Absorption
Each
$3.00
RFM045
Suit Disposable
Each
$3.00
REM046
Suit Tyvek
Each
$8.00
REM047
Tape Duct
Roll
$7.00
REM048
Terry Wipes
found
$8.00
RUM049
Towels
Case
$38.00
No
Drying Equipment
Unit
Rate
REM070
Dehumidification Unit (50cfm- IOOcl'm)
Each
$91.00
REM071
Dehumidification Unit (I IOcfm- 200ef'm)
Each
$149.00
RLM072
Dehumidification Unit (220cl'm- 300c1 "m)
Iach
$175.00
REM073
Dehumidification Unit (500cfm- 600cfm)
Each
$382.00
RLM074
Dehumidification Unit (IOOOcfm)
Each
$667.00
REM075
Dehumidification Unit (2000ci'm- 2250cl'm)
Each
$1,289.00
REM076
Dchumidilication Unit (3500cfm)
Each
$259.00
REM077
Dehumidi lication Unit(4500eim- 5000ctm)
Each
$356.00
REM078
Dehumidi lication Unit(6000c1 "m)
Each
$453.00
REM079
Dehumidification Unit(8500cfm)
Each
$1,133.00
RrMO80
Dehumidification Unit (I 5,000cI "m)
Each
$324.00
No
Miscellaneous Equipment
Unit
Rate _
REM100
40 Ton AC Unit
Each
$1,049.00
REMI01
100 Tun Chiller Unit
Each
$1,159.00
REM 102
200 Ton Chiller Unit
Each
$919.00
REM 103
Air Compressor (110 psi)
Each
$39.00
REM 104
Air Compressor (125 psi)
Each
$220.00
REM 105
Air Mover
Each
$32.00
REM 106
Buffer, Floor
Each
$39.00
REM 107
Cart, Tilt/Demolition
Each
$26.00
REM108
Dolly, 2- Whl /4- Whl /Drm/Whlbr
Each
$6.00
REM 109
Electrical Dist Panel (Spider Box)
Each
$71.00
31
')sro22s
RIM 1 10
Electrical Kit (Ext. Cord GPI, Surge Protector
Each
$6,00
IZ17MI I1
Extraction Unit (Portable)
Each
$162.00
REM 1 12
Extraction Unit ('frailer)
$583.00
REMI 13
Filtration Unit
-Each
Each
$32.00
REM 114
Fire Extinguisher
Each
$5.00
REM 1 15
First Aid Kit
Each
$3.00
REM 116
Floor Kit (Mop, Bucket, Broom, Rake Scraper, Wrecking Bar, Etc.)
$16.00
RIM 1 17
Freight
-Each
Each
$4.00
REM 118
Ii EPA Filtration Unit (I0,000cfm)
Each
$389.00
REM 119
1IEPA Filtration Unit (2,OOOcfm)
Bach
$123.00
RIM120
Light, Portable
Each
$3.00
RUM 121
Light, Stand
Each
$19.011
REM 122
Light, String
loch
$13.00
REM 123
Mobile Command Center
Bach
$576.00
RUM 124
Negative Pressure Recorder
Each
$65.00
RGM125
Ozone Machine
Each
$155.00
RUM 126
Power I land Tools (Saw/.all, Circular Saw, Drill etc.)
Each
$13.00
RUM 127
Pump, Small
Each
$52.00
REM 128
Pump, Flood
F ch
$175.00
RUM 129
Respirator, Negative Pressure (I lalf Pace)
Each
$6.00
REM 130
Respirator, PAPR (Full Pace)
Each
$32.00
REM 131
Radio, Job Site
Bach
$13.00
REM 132
Shower /Wash Station
Each
$19.00
REM 133
Sprayer, Airless
Fach
$84.00
R IM 134
'Thermal Image Camera
Each
$65.00
REM 135
'frailer
Each
$149.00
REM 136
'Truck, 2411
Fach
$ 123.00
REM 137
Truck, Pick -Up
Each
$84.00
REM 138
Truck, Water Extraction
Fach
$259.00
REM139
Vacuum,(WcUDry)
Each
$32.00
RUM 140
Vacuum, Ii EPA
Each
$97.00
REM 141
Van /Bus
Each
$123.00
REM142
Vent/Wall Cavity Drying Unit
Each
$453.00
RIM 143
Wall Kit (ladder, Pall Protection, Knives, Etc.)
Each
$13.00
REM 144
Washer, I ligh Pressure (5,000 psi)
Each
$227.00
REM146
Washer, I IOTS Y
loch
$259.00
Notes:
I. Work performed utilizing these rates shall be performed pursuant to the predefined Scope o1' Work being agreed to
by both parties and any applicable Change Order contract modification being completed.
2. Price. Work performed hereunder shall be priced as indicated in the Contractor Rates, plus any applicable taxes.
3. Overtime Rates. City agrees that overtime rates will be billed by Contractor and paid by City based upon
entitlement of employee notwithstanding where initial 40 hours, or any part thereof, were worked by employees for
City on other prgjecls.
4. Consents and Permits. Any federal, state, or local permits or consents required for the performance of the Work
are the responsibility of the City; provided that, if made a part of the Work, Contractor may obtain such permits and
consents at City's expense. Both Contractor and City will comply with all applicable governmental regulations,
statutes, laws and ordinances.
32
99122.5,2
5. Disposal. Disposal ol'any Hazardous Material (including specimens or samples) or any property that contains
I azardous Material, removed by Contractor under this Agreement will be in the name ol'the City and under any
applicable generator number or other identification assigned by the City.
6. Labor Considerations.
A. The labor rates slated above are per hour lir the first 40 hours worked (or 8 hours a day in California or where
mandated by prevailing wage requirements) in a week beginning on Monday.
13. Labor rates for work performed over 40 hours in a week (or 8 hours a day in California or where mandated by
prevailing wage requirements) will be charged at one and one -third (1 -1/3) times the staled hourly rates except where
collective bargaining agreements or prevailing wage requirements mandate premium time to he paid Saturday,
Sunday and Ilolidays. In such an event, one and one -third (I - 1/3) time the stated rates or the multiplier mandated by
prevailing wage requirements shall be applicable.
C. Travel time will be charged, at stated hourly rates, when employee lodging is more than 50 miles from the project
location or when emergency conditions exist that result in one way travel time of 60 minutes or greater. In either
case, a minimum of one hour will be charged per individual, each way.
D. All documented costs lir other applicable travel costs (airfare, rental cars, cab fare, etc.) will be reimbursed to
Contractor at cost.
E. Per diem and lodging will be charged at a rate of $100 per employee, per day for all employee classifications
P. A minimum surcharge of $25 per hour will be added to the stated rates fir any employee classification whereby
their trade is covered by a collective bargaining agreement, or fix any employee subject to prevailing wage rates.
G. A Remedialion Worker (R W) is defined as a person who utilizes a respirator to protect himself/herself from the
potential exposure to any hazardous substance, including nuisance dust.
11. Warehousemen and drivers supporting the on site work activity will be billed at the General Laborer rate.
7. Equipment Rental Considerations.
8. Items subject to availability.
Temporary Warehousing - Price Schedule (Schedule I)
Option l
Storage Containers
No Description Rate Unit
TW001 40'ConexBox $3,150.00 Per month
TW002 20' Conex Box $2,100.00 Per month
Note: Transportation not included.
Option 2
Fabric Structures (Reinforced)
No Description Rate _ Unit
,rW003 82'w x 98' 1, 10' side 23' peak Structure $14,283.99 First month
TW004 $13,224.96 Each additional month
TW005 $6,099.75 Per month (6 mo. min.)
No. Additional Accessories:
TW050 Gable vent fan $5,811.75 Per fan
TW051 Manual roll -up door $4,520.25 Per door
'FW052 Single personnel door $2,324.70 Per door
33
990225.2
Note:
1. Transportation and installation arc additional. Structure ships on one tractor trailer and takes
one -day lbr install of I}ame, fabric and lights.
2. Pricing is based on structure size. Workable dimensions are customi'rablc, so pricing will vary
deepening on situational needs.
3. Items subject to availability.
Hazardous Materials General Labor - Price Schedule (Schedule J)
No. Title Level Abbr. Rate Unit
I IZI-01
Project Manager
Upper Level
IJI..M
$216.85
Per hour
IIZI -02
Mid Level Manager
Middle Level
MLM
$161.30
Per hour
IIZI -03
Professional
Upperlsvcl
Middle Level
Lower Level
ULP
MIA,
LLP
$151.49
$116.15
$92.32
Per hour
Per hour
Per hour
I -IZL04
Technical
Upper level
Middle Level
Lower Level
ULT
MLI'
LIA'
$97.61
$73.66
$52.80
Per hour
Per hour
Per hour
1 IZ1.05
Secretarial /Clerical
Da
$37.00
$33.00
Per hour
IiZLU6
Equipment Operator
IIZM08
Cement - Da s
$59.90
Per hour
I IZL07
Laborer
Da
$68.00
$43.90
Per hour
HZ_L90
Per diem
HZMI I
Coil Roe
$135.58
Per dav
Hazardous Materials Eauinment/Materialy - Price Schedule /Schedule j
No.
Description
Unit
Rate
HZM01
250 gallon Pol Tank
Da
$111.00
IIZM02
Absorbent Doom -bags
Each
$132.00
HZ.M03
Absorbent Pads - boxes
Each
$138.00
HZ.M04
Air Compressor 185cfm
Da
$130.00
HZM05
Air Compressor Small
Da
$63.00
HZM06
Air sampling Vacuum pump
Da
$37.00
1IZM07
Bladder Pump
Da
$99.00
IIZM08
Cement - Da s
Each
$44.00
1 IZ.M09
Centrifugal Pump/Hoses
Da
$68.00
IIZ,M10
Chain saws
Da
$78.00
HZMI I
Coil Roe
Each
$37.00
HZM12
Concrete Saw
Da
$71.00
1 JZM 13
Conductivity, ph, thermometer Set
Da
$30.00
fJZ.M 15
Core Drill w. 6" bit
Da
$146.00
IIZ.M16
Data In er with Transducers
Da
$188.00
1IZM17
Disposable I micron Filter
Each
$26.00
HZ.M 18
Dissolved Oxygen Meter
Da
$47.00
HZ.M 19
Double RinE Infiltrometcr
Da
$86.00
1IZM20
Drum Roller compactor
Hour
$169.00
HZM21
Electric Hand "fools drill, saw, sander etc) -
Ea/day
$16.00
HZ.M22
Ex losimeter
Da
$32.00
I IZM23
Gas Chromato ra h, portable
Da
$498.00
34
990225.2
IIZM24
Ground Penetrating Radar
Da
$1,039.80
Ii /_M25
I land Au er
Da
$14.00
I IZM26
Band fools Eer em lu ee
Da
$32.00
I IZM27
Harbor Boom
lVday,
$3.00
1 IZM28
Iii h Pressure Steam Cleaner
Da
$193.00
IIZ.M29
Mini Excavator
Hour
$58.00
IIZM30
Oil Water probe
Da
$50.00
IIZM31
OVA
Da
$203.00
IIZM32
Plate Compactor
Da
$127.00
I IZM33
Ponar Dredge sampler
Da
$68.00
I IZM34
Portable Light stand
Da
$63.00
IIZM35
Portable Sampler Peristaltic um
Da
$68.00
1IZM36
Safety Equipment Level C
Da
$78.00
IiZM37
Safety Equipment Level D
Da
$156.00
HZM38
Sediment Sampler
Da
$40.00
MZM39
Street Sweeper
Da
$780.00
IIZM40
Surveying Equipment
Da
$58.00
IIZM41
Te0on Bailer
Da
$11.00
IIZM42
Teflon Tubing
Foot
$4.00
li /_M43
Tragic control Vests cones barriers etc
Da
$86.00
IIZM44
Turbidity Meter
Da
$42.00
IIZ..M45
Vis ueen -Rolls
Each
$136.00
IFZM46
Water level Indicator
Da
$48.00
HZM50
workboat w/o motor
Da
$130.00
IIZ.M51
YSI Meter/ Multi meter
Da
$130.00
117-M52
Personal Protective I: ui ., Level A (DuPont RS562T )
Per Unit
$895.00
IIZM53
Personal Protective Equip., Level 13 (DuPont R3123'r)
Per Unit
$395.00
I IZM54
Personal Protective Equip., Level C (DuPont C2127T)
Per Unit
$195.00
5 7M55
Cascade Air Filtration Panel
Da
$140.00
IIZM56
Air Filtration Panel
Da
$55.00
IIZM57
Airline Respirator
Da
$210.00
1-IZM58
Iii +h Hazard Personnel Decontamination
Per Kit
$40.00
I IZM59
Low Hazard Personnel Decontamination
Per Kit
$15.00
I-IZM60
Personnel Retrieval S stem
Da
$140.00
I -IZM61
Personnel Retrieval Harness
Da
$24.00
I IZM62
Combustible Gas Indicator
Da
$75.00
7IZM63
Toxic Gas Detector
Da
$150.00
IIZM64
Photoioni ,ation Detector
Da
$110.00
HZM65
Ilazmat Kit
Da
$325.00
IIZ.M66
Hand Auger, Stainless Steel
Da
$20.00
HZ.M67
Band Operated Transfer Pump
Da
$65.00
IIZ.M68
I" Diaphragm Pum 1" I
Da
$125.00
HZ.M69
2" Diaphragm Pump (2 ")
Da
$160.00
IIZM70
2" Diaphragm Pump S.S. 2" S.S.)
Da
$275.00
IIZM7I
3" Dia hra Pump 3")
Da
$250.00
IIZ.M72
6" Diaphragm Pump (6 ")
Da
$1,280.00
IIZ.M73
I" Suction or Discharge Hose I"
Da
$46.00
IIZ,M74
2" Suction or Discharge Ilose (2" )
Day
$70.00
35
990225.2
I -IZM75
3" Suction or Discharge Hose (3" )
Da
$90,00
I IZM76
6" Suction or Discharge Bose 6"
Da
$145.00
I IZM77
2" Chemical Suction or Discharge Bose 2"
Da
$140.00
I IZM78
3" Chemical Suction or Discharge I -lose 3")
Da
$180A0
I IZM79
6" Chemical Suction or Discharge Bose 6 ")
Da
$650.00
IIZM80
Diesel Powered Generator 60 -80kw
Da
$245.00
I -IZM81
I'lectrical Cord Station 50'
Da
$35.00
FIZM82
S ike Bar
lach
$40.00
I IZM83
Airless Spray ( With operator)
Da
$275.00
IIZM84
Pressure Washer (With operator)
Da
$255.00
I IZM85
I Water hose Section (Garden)
Each
$35.00
1- IZ.M96
Cuttin 'Porch (With operator)
Da
$175.00
FIZM87
Wire Welder (With operator)
Da
$225AO
IIZM88
Air Blower With operator)
Da
$175.00
IIZM89
II EPA Vac With operator)
Da
$480.00
5ZM90
EarrelCart
Da
$15.00
1IZM91
Wheelbarrow
Da
$15.00
I- IZ_M92
Oil D Spreader
Da
$19.00
IIZM93
Traffic Control Vest, Cones, Flags. Barrels, etc
Da
$225.00
1IZM94
Drill w/ Bits
Da
$40.00
IIZM95
Grounding Cable and Rod
Da
$15.00
IIZ.M96
I Circular Saw
Da
$30.00
I IZ.M97
I land Tool per employee • (shovels, brooms etc.)
Da
$30.00
I IZM98
Tool Kit 0 Hammers, Pliers, Screwdrivers)
Da
$45.00
I IZ.M99
Wrench Kit Bung wrench, speed, etc)
Da
$25.00
1lZM100
Step Ladder
Da
$9.50
I- IZMIOI
Extension Ladder
Da
$11.50
HZM 102
Photographic Equipment
Da
$125.00
FIZM 103
Level A Suit (Kappler Responder)
Each
$800.00
I -IZ.,M 104
Level B Suit (Kappler Responder)
Each
$350.00
14ZM 105
Level C Suit (Kappler Responder)
Each
$225.00
HZM106
T vek Coveralls (DuPont)
Each
$8.00
HZ.,M107
Proshield DuPOntNG127s)
Each
$7.00
IIZM108
Saranex (DuPont SI.,127T)
Each
$30.00
1 IZM109
Acid Suit
Bach
$95.00
itZM110
Rain Suit
Each
$35.00
llZMl II
Neoprene Gloves, Pair
Pair
$12.00
I IZ,MI 12
Nitrite Gloves, Pair
Pair
$8.00
HZM113
Silvershied Gloves
fair
$12.00
IiZ,Mll4
PVC Gloves
Pair
$3.25
HZM 1 15
Cotton or Latex Gloves
Pair
$1.00
1- IZM116
Leather Work Gloves
Pair
$12.50
HZM 117
PVC Boots (flay.. Mat )
Pair
$32.50
I IZM 118
Boot Covers
Pair
$8.00
HZ,M 119
Hearing Protection
Pair
$0.40
FIZ,M 120
Detector "Pubes
Each
$18.00
IlZM121
Ph Paper
Pack
$25.00
FIZ,M122
Spill Classifier
Bach
$15.)0
36
990225
11ZM 123
Respirator Airline 50' Section
Each
$175.00
I IZM 124
Respirator Curtrid es
Puir
$35.00
IIZM125
Hundheld Radios
Each
$75.00
IIZM126
5 "x IU'Absorbent Boom- Petroleum CEP -WB510
Bale of4
$105.00
1 IZM 127
8 "xIO'AbsorbentBoom- Petroleum CEP- W13810
Bale of4
$155.00
1 IZM 128
3 "x 12' Absorbent Boom - Universal (C1.11-1 IAZSOCIO
Bale of4
$70.00
11ZM 129
Absorbent Pads Bundle - Petroleum CEP- WP 10011 or equal)
Bundle
$87.50
1IZM 130
Absorbent Pads Bundle - Universal (CEP -OPP 15 orequal)
Bundle
$132.50
HZM131
oil Dry (CEP- FLAB50orequal)
flag
4016
$15.00
1 IZM 132
Peat Moss (CI PEXSORBorequal)
Blue
$35.00
IIZM133
Vermiculite CEP- VERM4orequal)
Bag
$30.00
I IZM 134
Soda Ash Bag (CEI'- SODASI I or equal)
Bag
$30.00
llZM135
4 mil 20x100 polyethylene (4 mill
Roll
$70.25
IIZM136
6 mil 20xl00 polyethylene 6mill
Roll
$89.00
FIZM 137
6 mil bus 6 mil)
Case
$92'00
I IZM 138
Duct Ta c N /A)
Roll
$5.00
1TZM139
55 Gallon Drum Ovcroak CEP- 1230YI -ore ual
Each
$110.00
HZM 140
55 Gallon Drum Liners IU mil)
Each
$11.25
IIZM141
Fiber Drums 55 allon)
Each
$55.00
hl" /_M142
30 Gallon Ovc ak CEP- 1230YEor equal)
Each
$115.00
1 IZM 143
95 Gallon Ove ak (Cl.P- 1237YE orequal)
Each
$275.00
H7..M144
DOT liarardous Waste Labels (DOT)
Box
$35.00
IiZM 145
Fire Extin wisher
Each
$75.00
HZM146
Caution /[lazardTape
Roll
$9.25
HZM 147
Respirator Wines
Box
$2(100
HZM 148
ChemTa e , 10' roll (Kappler )
Roll
$15.00
Note:
Any other equipment used by subcontractor will be charged at Subcontractor rate plus 23%
1. Transport (0 -100 miles one way) and disposal of petroleum contaminated soil.
2. Includes pump, loo' of header pipe w/ well point Y o.c.,jet installation not to exceed 12'
deep.
Set up, take down, mob and demob is I charge at the weekly rate.
Note: Items subject to availability. Fuel surcharges may apply (negotiable at time or KIT).
III. FIRM DISCOUNT AND PRICING STRUCTURE: Contractor guarantees that prices quoted
are equal to or less than prices quoted to any other local, state or federal
government entity for services of equal or lesser scope. Contractor agrees that no
price increases shall be passed along to the City during the term of this Contract
not otherwise specified and provided for within this Contract.
IV. PAYMENT TERMS: Invoices are to be submitted in arrears, after services have been
completed and funding disbursement of the individual projects, to the address
specified below. Payment will be net thirty (30) days after receipt of an invoice in a
format acceptable to City of Tustin. Invoices shall be verified and approved by the
City and subject to routine processing requirements. The responsibility for providing
an acceptable invoice rests with the Contractor.
37
9902252
Billing shall cover services and /or goods not previously invoiced. The Contractor
shall reimburse the City of Tustin for any monies paid to the Contractor for goods or
services not provided or when goods or services do not meet the Contract
requirements.
Payments made by the City shall not preclude the right of the City from thereafter
disputing any items or services involved or billed under this Contract and shall not
be construed as acceptance of any part of the goods or services.
V. PAYMENT— INVOICING INSTRUCTIONS: The Contractor will provide an Invoice on the
Contractor's letterhead. All invoices must be submitted in a CalEMA/FEMA
acceptable format. Each invoice will have a unique number and will include the
following information:
1. Contractor's name and address
2. Contractor's remittance address, if different from 1, above
3. Name of City agency /department
4. Delivery/service address
5. Contract number
6. Service Date
7. Description of Tasks /Services (as specified above)
8. Hourly Rate, Classification/Title and Number of Hours for each
Task /Service
9. Total
10. Taxpayer ID number
The responsibility for providing an acceptable invoice to the City for payment rests
with the Contractor. Incomplete or incorrect invoices are not acceptable and will be
returned to the Contractor for correction. Invoices and support documentation are to
be forwarded to:
City of Tustin
Attn: City Manager
Address: 300 Centennial Way
Tustin, CA 92780
38
40022.5.:
EXHIBIT "B"
CONTRACT MA- 080 - 11010203
BETWEEN THE COUNTY OF ORANGE
AND
ASHBRITT, INC.
FOR
DISASTER- RELATED DEBRIS MANAGEMENT AND RECOVERY SERVICES
39
990225
ATTACHMENT NO. 3
INDEMNIFICATION SUPPLEMENT
This Indemnification Supplement ( "Agreement ") is entered into this _ day of
, 2014, by and between Ashbritt, Inc., a Florida corporation ( "Contractor"); and
City of Tustin ( "City ").
WHEREAS, on November 23, 2010, the County of Orange Board of Supervisors
( "County') approved a usage contract with Contractor to provide Disaster - Related Debris
Management and Recovery Services (thc "Prime Contract "); and
WHEREAS, the Prime Contract includes cooperative agreement language, which extends
the provisions and pricing of the Prime Contract to other Orange County local governmental
entities and special districts; and
WHEREAS, the Prime Contract requires local governmental entities wishing to use the
Prime Contract to be responsible for issuing their own purchase documents, providing for own
acceptance, and making any subsequent payments;
WHEREAS, the Prime Contract requires Contractor to include in any contract entered
into with another agency or entity as an extension of the Prime Contract, a contract clause that
will hold harmless the County of Orange from all claims, demands, actions or causes of actions
of every kind resulting directly or indirectly, arising out of, or in any way connected with the use
of the Prime Contract; and
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by all parties, and in consideration of the mutual covenants and
agreements hereinafter set forth, Contractor, and City agree as follows:
The County shall be a third -party beneficiary to this Prime Contract with respect to
defense and indemnity obligations. Contractor agrees to indemnify, defend with counsel
approved in writing by County, and hold County, its elected and appointed officials, officers,
employees, agents and those special districts and agencies which County's Board of Supervisors
acts as the governing Board ( "County Indemnitees") harmless from any claims, demands or
liability of any kind or nature, including but not limited to personal injury or property damage,
arising from or related to the services, products or other performance provided by Contractor
pursuant to the Contract with City. If judgment is entered against Contractor and County by a
court of competent jurisdiction because of the concurrent active negligence of County or County
Indemnitees, Contractor and County agree that liability will be apportioned as determined by the
court. Neither party shall request a jury apportionment.
The County shall be a third -party beneficiary to this Prime Contract with respect to
defense and indemnity obligations. City agrees to indemnify, defend with counsel approved in
writing by County, and hold County Indemnitees harmless from any claims, demands or liability
of any kind or nature, including but not limited to personal injury or property damage, arising
from or related to the performance of City pursuant to the Prime Contract with Contractor. If
judgment is entered against City and County by a court of competent jurisdiction because of the
concurrent active negligence of County or County Indemnitees, City and County agree that
liability will be apportioned as determined by the court. Neither party shall rcqucst a jury
apportionment. ,
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
ASHBRI'17, INC.
CITY OF TUSTIN
By: