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HomeMy WebLinkAbout2004-196 i BOARD OF COUNTY COMMISSIONERS V 1840 25th Street, Vero Beach, Florida 32960 0 Owl g �� CO G 772 4 Telephone: ftl ) 567-8000 W July 22 2004 �ORI4p' Mr. Terry Jackson AshBritt, ,Jnc . 480 South Andrews Avenue Suite 103 Pompano Beach, F,1 33069 Dear Mr. Jackson: OnmMarch 13 , 2001 , the St . Lucie County Board of County Commissioners approved an Agreement for Disaster Recovery Services between AshBritt, Inc , and St. Lucie County, Florida, which was solicited pursuant to all applicable St. Lucie County, Florida procurement requirements . Pursuant to Indian River County procurement regulations, Indian River County, Florida, hereby consents to "Piggyback" the Agreement for Disaster Recovery Services between St. Lucie County, Florida and Ashbritt, Inc. The same terms and conditions that apply in the Agreement for Disaster Recovery Services for St. Lucie County, Florida shall apply to Indian River County, Florida. All references in the Agreement for Disaster Recovery Services to St . Lucie County, Florida, a political' subdivision of the State of Florida or to County, shall run to the benefit of Indian River County, Florida, a political subdivision of the State of Florida . Notices shall be sent as follows : If to Indian River County : If to Ashbritt, Inc : John King, Director Mr. Terry Jackson Department of Emergency Services 480 South Andrews Ave 184025 th eet Suite 103 Ver h, lorida 32960 Pompano Beach, Florida 33069 r Accept A Wtt, Inc. Accepted, Indian 16ver County Terry Jacks n Caroline Ginn, Chairman Dateq �g - 04 Date August 17 , 2004 Atte PATRICIA PJf . RIDE LY E;r * ® EPUTY CLERK LORETTA RSOONE ' 02581- i.XPIRES : octotN� ; 3, 2Q0 Ronkd Thru Notn d ORIGINAL r C% CONTRACT mA �, h i3, Zavl, THIS CONTRACT , made this day of Ja�y 2001 , between ST . LUCIE COUNTY , a political subdivision of the State of Florida , hereinafter called the " COUNTY" , and ASHBRITT , INC . . or his , its or their successors , executors , administrators , and assigns hereinafter called the " CONTRACTOR" : WITNESSETH : 1 . PURPOSE That Contractor agrees with County , for the consideration herein mentioned , at his , its or their own proper cost and expense to do all the work and furnish all the materials , equipment , supplies , and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the proposal and the accompanying plans , specifications , addenda if any , and drawings , and they are as fully a part of the Contract as if hereto attached or herein repeated , and to the satisfaction of the duly authorized representatives of St . Lucie County , who shall have at all times full opportunity -to inspect the materials to be furnished and the work to be done under this Contract . 2 . DESCRIPTION OF WORK It is agreed that the scope of work to be done under this Contract is as follows : Contractor shall , upon request , provide the County with the following services : �r Emergency Road Clearance - Removal of debris -from the primary transportation routes as directed by the County . �r Debris Removal from Public Property - Removal of debris from public rights - of way . Removal of debris beyond public rights - of - way as necessary to abate imminent and /or significant threats to the public health and safety of the community . 9: \atty \a9reemnt \PHILLIPS — 1 — Debris Removal from Private Property - Should an imminent threat to life , safety , and health to the general public be present on private property , the Contractor , as directed by the government officials , will accomplish the removal of debris from private property . �k Temporary Debris Staging and Reduction (TDSRS ) = The Contractor will prepare and maintain a sufficient number of TDSR5 facilities to accept and process all eligible storm debris . Preparation and maintenance of facilities shall include maintenance of the TDSR5 approach and interior road (s ) for the entire period of debris hauling , includitig provision of stone for any roads that require stabilization for ingress and egress . Each facility shall include a roofed inspection tower sufficient for a minimum of three ( 3 ) inspectors for the inspection of all incoming and exiting loads . All debris shall be processed in accordance with local , state , and federal law , standards and regulations . Processing shall include , but is not limited to , reduction by tub grinding and /or incineration when approved by the County . Prior to reduction , all debris shall be segregated between vegetative debris , construction and demolition debris , recyclable debris , white goods and hazardous waste. * Generated Hazardous Waste Abatement - Abatement of hazardous waste identified by County officials in accordance with all applicable Federal , State and local laws , standards and regulations . Debris Disposal - Disposal of all eligible debris , reduced debris , ash residue and other products of the debris management process in accordance with all applicable Federal , State and local laws , standards and regulations . �k Documentation and Inspections - Storm debris shall be subject to inspection by County officials . Inspections will be to insure compliance with the contract , and applicable local , state and federal laws . The Contractor will , at all times , provide County officials access to all work sites and disposal areas . The Contractor and the County will have in place at the Temporary Debris Staging and Reduction (TDSRS ) personnel to verify and maintain records regarding the contents and cubic yards of the vehicles entering and leaving the T1) SR5 sites . The Contractor will assist County officials in preparation of Federal ( FEMA ) and State reports for any potential reimbursement through the training of County employees and the review of documentation prior to submittal . The Contractor will work closely with the Florida Division of Emergency Management , FEMA , and other applicable State and Federal agencies to ensure that eligible debris collection and data documenting appropriately address concerns of the likely reimbursement agencies . 9 : \atty\a9reemnt \PHILLIP5 — 2 — * Work Areas - The County will establish and approve all areas that the Contractor will be allowed to work . The Contractor will remove all eligible debris and leave the site from which the debris was removed in a clean and r; eat condition . * White Goods - The Contractor may expect to encounter white goods available For disposal . White goods will constitute household appliances as defined in the Florida Administrative Code. The Contractor will dispose of all white goods encountered in accordance with applicable Federal , State and local laws . Hazardous Stumps - The Contractor will remove all stumps that are determined to be hazardous to public access and as directed by County officials . Stumps shall be hauled to TDSRS sites where they shall be inspected and categorized by size . * Fill Dirt - The Contractor shall place compacted fill dirt in ruts created by equipment , holes created by removal of hazardous stumps and other areas that pose a hazard to public access upon direction of County officials . Documentation and Recovery Process - The Contractor will provide the following assistance in addition to debris removal : ♦ Recovery process documentation - create recovery process documentation plan . ♦ Maintain documentation of recovery process . ♦ Provide written and oral status reports as requested by County officials . ♦ Review documentation for accuracy and quantity . ♦ Assist in preparation of claim documentation . Upon request , the Contractor shall provide the County with pre-event training and assistance . The parties acknowledge that this is a " pre - event " contract . In the event the County desires to utilize the services of the Contractor , the parties agree to negotiate and enter into separate " Work Authorizations " for each project/site. The Work Authorization shall be on a form prepared by the County and shall include the specific scope of work , cost and time of performance for each pro jec - . 3 . PROJECT MANAGER The Project Manager for the County is Raymond Wazny at ( 561 ) 462 - 1485 . The Project Manager for the Contractor is Terry M . Jeckson ( 954) 973 - 9200 . g : \atty\a9reemnt \PHILLIPS - 3 — The parties shall direct all matters arising in connection with the performance of this Contract , other than invoices and notices , to the attention of the Project Managers for attempted resolution or action . The Project Managers shall be responsible for overall resolution or action . The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract . 4 . TERM The initial term of this Contract shall be ore ( 1 ) year beginning on January 1 , 2001 . The Contract shall renew automatically on January 1 of each subsequent year unless terminated . 5 . TIME OF PERFORMANCE/ DELAYS AND EXTENSIONS OF TIME The Contractor shall begin work immediately upon request by the County and delivery of a written notice to proceed and shall complete work in accordance with the agreed Work Authorization . Commencement of the Work by the Contractor shall be deemed a waiver of this notice . The Work shall be conducted in such a manner and with sufficient labor , materials , tools , and equipment necessary to complete the Work within the time limit set forth in the Work Authorization . In the event the schedule as set forth in the Contract documents is changed , the Contractor shall notify the County , in writing , of the change in schedule . Such schedule change shall not , however , extend the time for completion unless approved by the County in writing . In the sole opinion of the County , should the organization of the Contractor , or its management , or the manner of carrying on the Work be manifestly incompetent , or inadequate to do the Work specified within the stated time , then the County shall have the right to take charge of the Work and finish it and provide the labor , materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his , or its Surety shall be held responsible therefore . The Contractor fully understands and agrees that the County shall not pay for• any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above , unless the County authorizes such payment in writing . As the Contractor ' s only remedy for delay , the County may grant an extension of the contract time , when a controlling item of Work is delayed by any factors contemplated or not contemplated at the time of the bid . Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time . All claims for extension of time shall be made in writing to the County . Claims for delay due to inclement weather shall be made by the 10th day of the month following the month of the 9 \atty \agreemnt \PHILLIPS — 4 — delay. All other claims shall be made no more than twenty ( 20 ) days after the commencement of the delay . Claims made beyond these time limits shall be null and void . Requests for extension of time shall be fully documented and shall include copies of daily logs , letters , shipping orders , delivery tickets , and other supporting information . In case of a continuing cause of delay only one ( 1 ) claim is necessary . Normal working weeks are based on a five ( 5 ) day week. All authorized extensions of time shall be done by Change Order. b . DELAY DAMAGES It is mutually agreed between the parties hereto that time shall be of the essence in the performance of all Work Authorizations performed pursuant to this Contract , and in the event the work is not completed within the time specified , it is agreed that from the compensation otherwise to be paid to the Contractor , the County may retain the sum of $ 300 . 00 per calendar day for each day thereafter, Sundays and holidays included , that the work remains uncompleted , which sum shall represent the actual damages which the County will have sustained per calendar day by failure of the Contractor to complete the work within the time stipulated , and this sum is not a penalty , being the liquidated damages the County will have sustained in event of such default by the Contractor . 7. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and satisfactory completion of the project in accordance with the terms and conditions of the written Work Authorization . The parties agree to use either ( 1 ) the unit price method (where the scope of work is large and exact measurements of work are difficult to define ); or , ( 2 ) the lump sum price (where the scope of work can be clearly defined ) in establisihing payment terms in the Work Authorization . All prices must comply with Federal and State reimbursement guidelines . Prior to January 1 of each year that this Contract remains in force , the Contractor shall provide the County with its labor and equipment rates for the subsequent calendar year . The rates for calendar year 2001 shall be those presented in the Contractor's Response to the County's Request for Proposals which is incorporated by reference herein . 8 . PAYMENT SCHEDULE The County shall make monthly project payments on account of the Contract . Unless a different schedule is established in the Work Authorization , upon the satisfactory completion of the Work Authorization and the delivery by the Contractor to County of satisfactory releases of liens and claims if applicable , the County shall pay the remaining 9 \atty \agreemnt \PHILLIPS — S — amount found to be due to the Contractor , not later than thirty ( 30) days after completion of the Work Authorization and the delivery of releases of liens and claims . 9 . AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall , until the expiration of three years of ter expenditure of funds under this Contract , have access to and the right to examine any directly pertinent books , documents , papers , and records of the Contractor involving transactions related to this Contract . The Contractor agrees that payment(s ) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract . The Contractor shall refund by check payable to the County the amount of such reduction of payments . All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved , or three years after completion of the project and issuance of the final certificate , whichever is sooner . 10 . PUBLIC RECORDS The Contractor shall allow public access to all documents , papers , letters , or other material subject to the provisions of Chapter 119 , Florida Statutes , and made or received by the County in conjunction with this Contract . 11 . GUARANTEE The Contractor guarantees to repair , replace or otherwise make good to the satisfaction of the County any defects in workmanship or material appearing in the work within one year after the day of the certificate for final performance of the work fur the service intended . Contractor f urther guarantees the successf ul performance of the work for the service intended . Neither inspection nor payment , including final payment by the County shall relieve the Contractor from his or its obligations to do and complete the work in accordance with this contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective materials or labor , an equitable deduction from the contact price shall be made therefore or in the alternative , the County may sue for damages . This guarantee is in addition to any other warranty available to the County for the Work including but not lirr: ; ted to manufacturers warranties . 12 . CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County . Nothing in this Contract shall be interpreted to establish any relationship other than 9 : \atty \a9reemnt \PHILLIPS — 6 — • . lam' that of an independent contractor , between the County and the Contractor , its employees , agents , subcontractors , or assigns , during or after the performance of this Contract . The Contractor shall take the whole responsibility for the means , methods , techniques , sequences , and production of the Work . The Contractor shall bear all losses resulting to him , or its , on account of the amount or character of the Work , or because of the nature of the ground in or on which the Work is done is different from what was assumed or expected , or because of bad weather , or because of errors or omissions in his or its bid on the Contract price , or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site , become familiar with the local conditions under which the Work is to be performed , and correlated personal observations with the requirements of the Contract Documents . The Contractor shall protect the entire Work , all materials under the Contract and the County ' s property ( including machinery and equipment ) in , or on , or adjacent to the site of the Work until final completion and Work , from the action of the elements , acts of other contractors , or except as otherwise provided in the Contract Documents , and from any other causes whatsoever; should any damage occur by reason of any of the foregoing , the Contractor shall repair at his , or its , own expenses to the satisfaction of the County or its Project Manager . Neither the County nor its officers , employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor . At his , or its expense , the Contractor shall take all necessary precautions ( including without limitation ) the furnishing of guards , fences , warnings signs , walks , flags , cables and lights for the safety of and the prevention of injury , loss and damage to persons and property ( including without limitation ) in the term persons , members of the public , the County and its employees and agents , the Project Manager and his employees , Contractor ' s employees , his or its subcontractors and their respective employees , other contractors , their subcontractors and respective employees , on , about or adjacent to the premises where said Work is being performed , and shall comply with all applicable provisions of safety laws , rules , ordinances , reguirations and orders of duly constituted public authorities and building codes . The Contractor assumes all risk of loss , damage and destruction to all of his or its materials , tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents , and injury to or death of the Contractor , his or its employees , subcontractors or their respective employees or agents , including legal fees , court costs or other legal expenses , arising out of or in connection with the performance of this Contract . g: \atty \agreemnt \PHILLIPS — 7 — 13 . INDEMNITY Contractor agrees to pay of behalf of , protect , defend , reimburse , indemnify and hold the County , its agents , employees , elected officers and representatives and each of theen , (hereinafter collectively and for the purposes of this paragraph , referred to as " County " ) , free and harmless at all times from and against any and all claims , liability , expenses , losses , costs , fines and damages , including attorney ' s fees , and causes of action of every kind and character against County by reason of any damage to property or the environment , or bodily injury ( including death ) incurred or sustained by any party hereto , or of any party acquiring any interest hereunder , any agent or employee of any party hereto or of any party acquiring an interest hereunder , and any third or other party whomsoever , or any governmental agency , arising out of or in incident to or in connection with Contractor ' s performance under this Contract , the condition of the premises , Contractor ' s acts , or omissions or operations hereunder , or the performance , non - performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County , its respective agents , servants , employees or officers . Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines , citations , court judgments , insurance claims , restoration costs or other liability resulting from its activities on the project , whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor ' s activities . Said indemnification by Contractor shall be extended to include all deliverers , suppliers , furnishers of material or anyone acting for , on behalf of , or at the request of Contractor . Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. In conformance with Section 725 . 06 Florida Statutes , the specific consideration given for the promises of the Contractor set forth with regard to this indemnification and hold harmless clause is $ 10 . 00 in hand paid by the County to the Contractor Las a portion of the contract price , receipt thereof is hereby acknowledged and the adequacy of which the Contractor accepts as completely i ulfilling the obligations of the County under the requirement of Section 725 . 06 Florida Statutes . This indemnifice.tion and hold harmless survives acceptance of the Work . This c= lause of the Contract will extend beyond the term of the Agreement for a period of ten ( 10 ) years after the date of the acceptance of the Work by the County . 9 : \atty \a9reemnt \PHILLIPS — 8 — 14 . INSPECTION The project will be inspected by the Project Manager for the County and will be rejected if it is not in conformity with the Contract provisions . Rejected work will be immediately corrected by the Contractor. When the work is substantially completed , the Contractor shall notify the County in writing that the work shall be ready for final inspection on a def inite date , at least three ( 3 ) calendar days thereafter , which shall be stated in such notice. 15. INSURANCE Commercial Ueneral Liability : The Contractor shall maintain and , prior to commencement of this contract , provide the County with evidence of commercial general liability insurance to include : 1 ) premises /operations , products/completed operations , ( including XCU hazards ) and personal and advertising injury -( or limits of not less than $ 1 ,000 ,000 per occurrence , 2 ) fire damage for limits o ; not less than $ 100 ,000 per occurrence, 3 ) medical payments for limits not less than $ 5 ,000 per person and 4 ) a general , per contract/ project , aggregate limit of not less than $ 2 ,000 ,000 . The policy shall also provide the County will be giver, a thirty (30) day writter. notice of cancellation or non- renewal and include County as an additional insured . Business Automobile Liability : The Contractor shall maintain and , prior to commencement of this contract , provide the County with evidence of business automobile liability insurance to include : 1 ) coverage for any ClUtomobile for limits of not less than $ 1 ,000 ,000 combined single limif ( bodily injury & property damage ) per accident and 2 ) Personal Injury Protection ( Florida no - fault ) with full statutory limits . The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal and include County as an additional insured . Workers' Compensation and Employers Liability : The Contractor shall maintain and , prior to commencing any work pursuant to this contract , provide the County with evidence of workers ' compensation insurance providing Florida sta7utory ( F . S . 440 ) limits to cover all employees and include Employers Liability coverage with limits of not less than $ 500 ,000 for accidents or disease . The policy shall also provide the County .vitt be given a thirty ( 30 ) day written notice of cancellation or no .; - renewal . 9 : \atty \a9;eemnt \PHILLIPS — 9 — 16 . DEFAULT ; TERMINATION A . FOR CAUSE If either party fails to fulfill its obligations under this Contract in a timely and proper manner , the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time , this Contract shall terminate at the expiration of the seven ( 7 ) calendar day time period . With regard to the Contractor , the following items shall be considered a default under this Contract : ( 1 ) If the Contractor should be adjudged bankrupt , or if he , or it , should make a general assignment f or the benefit of his , or its , creditors , or if a receiver should be appointed on account of his , or its , insolvency . ( 2 ) If the Contractor should refuse or fail , except in cases for whish an extension of time is provided , to supply enough properly skilled workmen or proper material or if the Contrcctor should fail to make prompt payment for materials , or labor or other services entering into the work . ( 3 ) If the Contractor disregards laws , ordinances , or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract . In the event of termination , the County may take possession of the premises and al ! materials , tools , and appliances , thereon and finish the work by whatever method it may deem expedient . In such cases , the Contractor shall only be entitled to receive payment for work satisfactorily completed prior to the termination date . If such expense of finishing the work shall exceed such unpaid balance the Contractor shall pay the dif Terence to the County . he expense incurred by the County as herein provided , and the damage incurred through the Contractor ' s default , shall be certif ied by the Project Manager . B . WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirt,. ( 30) calendar days prior written notice to the other party . In the event of termination , the g : \atty \agreemnt \ PHILLIPS — 10 — County shall compensate the Contractor for all authorized work performed through the termination date . 17 . NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring , tenure , terms , conditions or privileges of employment , or any matter directly or indirectly related to employment because of age , sex or physical handirops ( except where based on a bonafide occupational qualification ), or because of marital status , race , color , religion , national origin or ' ancestry . 18 . VERIFICATION OF EMPLOYMENT STATUS Contractor agrees that it shall bear the responsibility for verifying the employment status , under the Immigration Reform and Control act of 1986 , of all persons it employs in the performance of the contract . 19 . FLORIDA PRODUCED LUMBER Contractor agrees to comply with the provisions of Section 255 . 20 , Florida Statutes , ( 1999 ) where pertinent . 20 . ASBESTOS - FREE MATERIALS Contractor shall not use any asbestos or asbestos - based fiber materials in the Work 'Performed under this Contract . 21 . ASSIGNMENT The County reserves the right to freely assign this Contract . The Contractor , however , shall not assign this Contract to any other persons or firm without first obtaining Cou ; ; ty ' s written approval . 22 . ATTORNEYS ' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Ccntra :. t or in the event of any action by any party to this Contract to judicially interpret or enfo : - ce this Contract or any provision hereof , or in any dispute arising in any manner frorr: this Contract , subject to the provisions of Section 768 . 28 , Florida Statutes and in no way altering g : \ 13tty \agreemnt \ PHILLIPS 1 the extent of the County 's liability under 768 . 28 , Florida Statutes , the prevailing party shall be entitled to recover its reasonable costs , fees and expenses , including but not limited to , witness fees , expert fees , consultant fees , attorney , paralegal and legal assistant fees , costs and expenses and other professional fees , costs and expenses , whether suit be brought or not , and whether any settlement shall be entered in any declaratory action , at trial or on appeal . The liability of the Contractor and its surety or sureties , if any , for such fees and costs is joint and several . 23 . NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows : If to County : With copies to : St . Lucie County Administrator St. Lucie County Attorney 2300 Virginia Ave . 2300 Virginia Avenve Administration Annex Administration Annex Fort Pierce , FL 34982 Fort Pierce , FL 3+ 982 If to Contractor : AshBritt , Inc . 1280 S . W. 36th Avenue , Suite 102 Pompano Beach , FL 33069 24 . NON - WAIVER The rights of the parties under this Contract shall be cumulative and the failure of e ; 1her party to exercise properly any rights given hereunder shall' not opera-'e to forfeit any of the said rights . 25 . CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest , either direct or indirect , which would conflict in any manner wit !, the performance of services required hereunder , as provided for in Florida Statutes 112 . 311 . The Contractor 9 : \atty \a9reemnt \PHILLIP5 . 12 — further represents that no person having any interest shall be employed for said performance . The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association , interest or other circumstance which may influence or appear to influence the Contractor ' s judgment or quality of services being provided hereunder. Such written notif ication shall identify the prospective business association , interest or circumstance , the noture of work that the Contractor may undertake and request an opinion of the County as to whether the association , interest or circumstance would , in the opinion of the County , constitute a conflict of interest if entered into by the Contractor . The County agrees to notify the Contractor of its opinion by certified mail wi shin thirty ( 30 ) days - of receipt of notif ication by the Contractor . If , in the opinion of the County , the prospective business association , interest or circumstance would not constitute a conflict of interest by the Contractor , the County shall so state in the notif ication and the Contractor shall , at his /her option : , enter into said association , interest or circumstance and it shall be deemed not in conf lict o ; interest with respect to services provided to the County by the Contoactor under the terms of this Contract . 26 , DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Coiitact or a question of Tact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times , the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives , pending resolution of the dispute . Any dispute which isnot resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing . The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent , capricious , arbitrary , so grossly erroneous as to necessarily iriply bad faith , or not be supported by substantial evidence. 2. 7. MEDIATION Prior to initiating any litigation concerning this Contract , the parties agree to submit the disputed issue or issues to a mediator for non - binding mediation . The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St . Luce County . The fee of the mediator shall be shard equally by the rarties . To the extent allowed by law , the mediation process shall be confidential and the results of the 9: \atty\a9reemnt \PHILLIPS — 13 — mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue . 28 . I_NTERPRETATION ; VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto . This Contract may only be amended by written document , properly authorized , executed and delivered by both partics hereto . This Contrcct shall be interpreted as a whole unit and section headings are for convenience only . All interpretations shall be governed by the laws of the State of Florida . In the event it is necessary for either party to initiate legal action regarding this Contract , venue shall be in the Ninetee :-ith Judicial circuit for St . Lucie County , Florida , for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court . 29 . PUBLIC CONSTRUCTION BOND The Contractor shall , upon execution and return of any Work Authorization to the County , f urnish to the County a public construction bond using the form identif ied in Section 255 .05 , Florida Statutes or incorporating all of the terms and conditions set forth therein and covering the faithful performance of this Work Authorization and the payment of all obligations arising hereunder in the amount of one hundred percent ( 100 % ) of the Contract amount. The liability of the Contractor and its surety or sureties for the faithful performance of this Contract and the payment of all obligations arising hereunder is joint and several . The Contractor shall record the public construction bond in the Official Records for St. Lucie County and provide the County with a copy of the recorded bond . The public construction bond required hereunder shall meet the following minimum standards : A . The surety issuing the bond must be licensed to do business in the State of Florida , hold a certif icate of authorization to write surety bonds in the State , hold a currently valid certif icate of authority issued by the United States Department of the Treasury , and otherwise be in compliance with the provisions of the Florida Insurance Code. B . The attorney- in - fact must provide a certified copy of his or her power of attorney to sign the bond . C. The name , address and telephone number of the surety and its agent must be listed on the bond . g= \atty\agreemnt \PHILLIPS — 14 — D . The surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at the time the Work Authorization is issued . IN WITNESS WHEREOF , the parties hereto have accepted , made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated . BOARD OF COUNTY COMMISSIONERS ATTEST : ST . LUCIE COUNTY , FLORIDA BY : CLERK CHAIRMAN APPROVED 5 TWFORM D CORRECTN 5 COUNTY ATT. N WITNESSES : ASHBRII I C . BY : Print Name : 1412v! 1 Title : �� �� � /� g : \atty \agreemnt \PHILLIPS — ' S — f� Compensation St. Lucie County requested that the Contractor provide an outline of scope of services . Following is a range of services used on prior and current AshBritt contracts . All pricing is subject to negotiation with the St . Lucie County Purchasing Department . Ashbritt ensures that all pricing will fall within acceptable FEMA reimbursement guidelines Compensation Based on Multiple Potential Disaster Events Description of Scope Of Work Rate of Event Compensation Spot Jobs - Localized AshBritt, may be called upon to provide removal , hauling , and / or sizing of , material by Schedule A chain saw of localized woody debris. Work would most likely be executed assisting (Hourly Rates) local government resources. 1 . Small Event - County Wide AshBritt will provide all necessary supervision , labor ,, and equipment to clear , remove , and 0- 15 haul distance $8 . 60 CY Collection of Vegetative haul vegetative debris from the public right -of-way to a designated disposal site . The debris 0-30 haul distance $9 . 75 CY Debris quantity would not be great enough to require specialized reduction in volume such as by grinding or burning 2 . Significant Event - County AshBritt will provide all necessary supervision , labor, and equipment to clear, remove , and 0- 15 haul distance $ 12 . 75 CY Wide removal of Mixed haul all types of debris from the public right-of-way to a designated disposal site . Debris 0-30 haul distance $ 14 . 75 CY Debris - Vegetation, and C& D stream will primarily be vegetation but will also include building debris such as roofing , siding , signage , and other light construction debris . 3 . Significant or Catastrophic AshBritt will provide all necessary supervision , labor , and equipment to clear priority Schedule A Event - Initial Push roadways of major debris after a significant or cacstrophic event . Debris will be pushed to ( Hourly Rates ) right of way to allow vehicular traffic . 4 . Catastrophic Event County AshBritt will provide all necessary supervision , labor , and equipment to clear , remove , and 0 - 15 haul distance $ 16 . 50 CY Wide removal of Mixed haul all types of debris from the public right-of -way to a designated disposal site . Debris 0 -30 haul distance $ 19 . 00 CY Debris - Vegetation, C& D, steam will include whole trees , heavy building materials , building interiors , & household Household & Environmental environmental waste products . Hazardous waste will be identified and contained . Waste Remediation or disposal may require a separate contract . 5 . Significant or Catastrophic AshBritt will prepare the site , mobilize equipment , manage , operate , and restore upon $4 . 50 CY Event - Site Management closure one or more mixed debris disposal sites . Tasks to include traffic control , debris processing and separation , recycling , reduction by grinding or burning , reporting , and management . Compensation Based on Multiple Potential Disaster Events1: ) I J Description of Scope Of Work Rate of Event Compensation Spot Jobs - Localized AshBritt may be called upon to provide removal , hauling , and / or sizing of material by Schedule A chain saw of localized woody debris . Work would most likely be executed assisting ( Hourly Rates ) local government resources . 1 . Small Event - County Wide AshBritt will provide all necessary supervision , labor , and equipment to clear , remove , and 0- 15 haul distance $8 . 60 CY Collection of Vegetative haul vegetative debris from the public right-of-way to a designated disposal site . The debris 0-30 haul distance $9 . 75 CY Debris quantity would not be great enough to require specialized reduction in volume such as by grinding or burning 2 . Significant Event - County AshBritt will provide all necessary supervision , labor, and equipment to clear, remove , and 0- 15 haul distance $ 12 . 75 CY Wide removal of Mixed haul all types of debris from the public right-of-way to a designated disposal site . Debris 0-30 haul distance $ 14 . 75 CY Debris - Vegetation, and C& D stream will primarily be vegetation but will also include building debris such as roofing , siding , signage , and other light construction debris . 3 . Significant or Catastrophic AshBritt will provide all necessary supervision , labor , and equipment to clear priority Schedule A Event - Initial Push roadways of major debris after a significant or cacstrophic event . Debris will be pushed to ( Hourly Rates ) right of way to allow vehicular traffic . 4 . Catastrophic Event - County AshBritt will provide all necessary supervision , labor , and equipment to clear , remove , and 0- 15 haul distance $ 16 . 50 CY Wide removal of Mixed haul all types of debris from the public right-of-way to a designated disposal site . Debris 0-30 haul distance $ 19. 00 CY Debris - Vegetation, C& D, steam will include whole trees , heavy building materials , building interiors , & household Household & Environmental environmental waste products . Hazardous waste will be identified and contained . Waste Remediation or disposal may require a separate contract . 5 . Significant or Catastrophic AshBritt will prepare the site , mobilize equipment , manage , operate , and restore upon $4 . 50 CY Event - Site Management closure one or more mixed debris disposal sites . Tasks to include traffic control , debris processing and separation , recycling , reduction by grinding or burning , reporting , and management.