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HomeMy WebLinkAbout2005-290a F v ' a �1 77 �a �LORTOI'' CONTRACT DOCUMENTS AND SPECIFICATIONS FOR SECONDARY DEBRIS REMOVAL CONTRACT WITH CERES ENVIRONMENTAL SERVICES , INC . BID NO . 7076 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA ARTHUR R . NEUBERGER , CHAIRMAN GARY C . WHEELER , VICE CHAIRMAN COMMISSIONER WESLEY S . DAVIS COMMISSIONER SANDRA L . BOWDEN COMMISSIONER THOMAS S . LOWTHER JOSEPH A . BAIRD , COUNTY ADMINISTRATOR JEFFREY K . BARTON , CLERK OF COURT WILLIAM G . COLLINS , II , COUNTY ATTORNEY JAMES W . DAVIS . P . E . , PUBLIC WORKS DIRECTOR INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT 184025 STREET VERO BEACH , FL 32960 INDIANRIVER COUNTY PURCHASING DIVISION 1840 25TH STREET Zy VERoBEACHFL 32960-3365 r (772) 567-8000 ExT 1416 FAX (772) 770-5140 LORI INVITATION TO BID PROJECT NAME . INDIAN RIVER COUNTY DISASTER DEBRIS REMOVAL AND DISPOSAL CONTRACT BID NUMBER : 7076 BID BOND REQUIRED : No PERFORMANCE BOND REQUIRED : YES PAYMENT BOND REQUIRED . YES REFER TECHNICAL QUESTIONS TO : TERRY THOMPSON TELEPHONE : (772) 2264282 E-MAIL : tthompson a ,irc ov . com REFER GENERAL TERMS & CONDITIONS QUESTIONS TO : JERRY DAVIS , PURCHASING MANAGER TELEPHONE : (772) 226- 1416 FAx : (772) 770 -5140 E-MAIL : purchasing(a ,irc ohm BID OPENING DATE : JULY 13 , 2005 BID OPENING TIME : 2 : 00 PM ALL BIDS MUST BE RECEIVED IN THE PURCHASING DIVISION LOCATED AT 1840 25TH STREET, FLORIDA 32960 PRIOR TO THE DATE AND TIME SHOWN ABOVE . LATE BIDS WILL BE RETURNED j UNOPENED . Page 1 of 30 F :\Public Works\Capital Projects\Hurricane Contracts\Hurricane Debris Removal Bid Document - Final. doc TABLE OF CONTENTS Tableof Contents - - - - - = - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . . . . . - - - - - - . . . . . . . . . . . page 2 Advertisement for Bid- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - page 3 Instructions to Bidders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - pages 4- 8 General Conditions- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - pages 10- 13 BidForm - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - pages 14- 15 Qualification Questionnaire _ _ _ . . . . . . . . . pages 16 - 17 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Affidavit of Compliance - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - page 18 Public Entity Crimes - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - page 19 i Statement of Disclosure of Relationships_ _ _ _ _ _ _ _ _ _ _ _ _ . . . . . . . . . _ - - - - - - - - - - - - - - - - - - - _ . . . . . . . . . . . . pages 20-21 Bid Check List . . . . . . . . . . . . . . . . . . . . page 22 Agreement- - - - - - - - - - - - - - - - - - - pages 23 -25 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Exhibit A — Insurance Requirements. page 26 Exhibit B —Special Provisions and Technical Specifications _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , pages 27 - 30 I i i i ' Page 2 of 30 i FAPublic Works\Capital Projects\Hurricane Contracts\Hurricane Debris Removal Bid Document - Final .doc ADVERTISEMENT FOR BID Notice is hereby given that the Indian River County Board of County Commissioners is calling for and requesting bids for the following : Indian River County Bid # 7076 INDIAN RIVER COUNTY DISASTER DEBRIS REMOVAL AND DISPOSAL CONTRACT Indian River County is accepting sealed bids to support Indian River County in the management of debris resulting from but not limited to catastrophic events such as tropical storms , tornadoes and hurricanes . The Contractor shall clear and remove any and all "eligible" debris primarily from public right- of-way on County streets and roads . i Detailed specifications for the above referenced bid are available from DemandStar . com at : ( 8 00) 711 - 1712 or may be downloaded from their web site at : www . deniandstar . com Deadline for receipt of bids has been set for 2: 00 P. M. on July 13, 2005. Only bids received on or before the time and date listed will be considered . The Board of County Commissioners reserves the right to accept or reject any and all bids in whole or in part and to waive all informalities . PURCHASING MANAGER INDIAN RIVER COUNTY Publish : June 10 and June 13 , 2005 For Publication in the Press Journal Please furnish Tear Sheet, Affidavit of Publication, and Invoice to : Indian River County Purchasing Division 1840 25th Street, Room N118 Vero Beach, F132960 i Page 3 of 30 FAPublic Works\Capital Projects\Hurricane Contracts\Hurricane Debris Removal Bid Document - Final . doc INDIAN RIVER COUNTY INSTRUCTIONS TO BIDDERS GENERAL TERMS AND CONDITIONS Sealed Bids and Envelope Markings: All bids shall be submitted in a sealed envelope . The outside of the envelope shall be clearly marked with the Sealed Bid #, Title of the Bid, Date of the Bid opening, and Time of the Bid Opening . Opening Location : It will be the sole responsibility of the bidder to deliver personally or mail their proposal to the office of the Indian River County Purchasing Division, 1840 25th Street, Room N- 118 , Vero Beach FL 32960- 3365 , on or before the closing hour and date shown for receipt of bids . Bids received in person or by mail after the stated time and date will not be considered. Bid Submission : All proposals must be signed with the legal Firm name and by an Officer or employee having authority to bind the company or firm by his / her signature . Proposals shall be submitted on forms provided by Indian River County. Bids not submitted on the attached form shall be rejected. An original bid and one copy shall be submitted unless otherwise instructed. Should one desire to submit two separate bids , photocopy the bid form provided and submit on the reproduce form . Withdrawal of Bids: Bids may be amended or withdrawn only by written notice prior to the bid opening. Amendments must be sealed. Amendments or withdrawals received after the bid opening will not be effective, and the original bid submitted will be considered. Delivery Requirements: Delivery is "FOB Destination" unless delivery terms are specified otherwise in the Order. If County agrees in writing to reimburse Seller for transportation costs, County shall have the right to designate the method of shipment. In either case, the title and all risk of loss of the goods shall remain with the Seller until the goods received and accepted by the County. Rejected materials will be returned to Seller at the Seller ' s risk and expense . Price and Discount Requirements: Quote net prices after deducting trade discounts . All discounts must be incorporated in the prices contained in the bid, and not shown separately. Invoices submitted must agree with the prices formally bid. Taxes: Indian River County is exempt from any taxes imposed by State and / or Federal Government. Exemption Certificates, if required, are to be furnished by the successful bidder and will be filled out by the County. Delivery and Completion Dates: Indicate delivery and completion dates . This may be a determining factor in the award of the bid. The County may at its option, grant additional time for any delay or failure to perform hereunder if the delay will not adversely affect the best interests of the County and is due to causes beyond the control of the Seller. Such grant must be in writing and made part of the Order. Irrevocable Offer: Bidder warrants by virtue of bidding that the prices quoted in this bid shall remain firm and be considered an irrevocable offer for a period of sixty (60) days , during which time one or ,I more of the bids received may be accepted by Indian River County. Page 4 of 30 F :\Public Works\Capital Projects\Hurricane Contracts\Hunicane Debris Removal Bid Document - Final.doc Assignment/Delegation : No right, obligation or interest in the Order shall be assigned or delegated by the Seller without prior written consent of the County, without prejudice to County ' s other rights and remedies . Consideration of Bids: Telegraphic , telephonic , or faxed bids will not be considered . Indemnification : The successful bidder shall agree to indemnify and save harmless Indian River County, its agents and employees , from and against all claims , suits , actions, damages , causes , or action or judgments arising out of the terms of the resulting agreement for any personal injury, loss of life, or damage to property sustained as a result of the performance or non-performance of services or delivery of goods, from and against any orders, judgments , or decrees, which may be entered against the County, its agents or employees ; and from and against all costs , attorney' s fees, expenses , and other liabilities incurred in the defense of any such claim, suit, or action, and the investigation thereof. Nothing in the award, resulting agreement, contract or Purchase Order shall be deemed to affect the rights , privileges , and immunities of the County as set forth in Florida Statute Section 768 . 28 . Royalties and Patents: The successful bidder shall pay all royalties and license fees for the equipment or processes in conjunction with the equipment their furnishing . Further, the bidder shall defend at their expense all suits, actions, or judgments alleging infringement on any United States Patent by reason of the use or resale of any piece of material furnished user and will save the County harmless from all expense of defending said suits and from all payments which may be assessed against the purchaser on account of such infringement. Public Access: The Seller shall allow public access to all documents and materials in accordance with the provisions of Chapter 119 , Florida Statutes . Should the Seller assert any exemptions to the requirements of Chapter 119 , Florida Statutes, and related statutes, the burden of establishing such exemption, by the way of injunctive or other relief as provided by law, shall be upon the Seller. Records/Audit: The Seller shall maintain books , records and documents pertinent to performance under this Order in accordance with generally accepted accounting principles consistently applied . The County shall have inspection and audit rights to such records for audit purposes during the term of the contract and for three years following the termination of obligations hereunder. Records which relate to any litigation, appeals or settlements of claims arising from performance under this Order shall be made available until a final disposition has been made of such litigation, appeals , or claims . i I Variations to Specifications: For purposes of evaluation, Bidder must indicate any variances from the specifications and / or conditions on the form provided with this Invitation to Bid . Otherwise , it will be assumed that the product or service fully complies with the specifications . Items specifically described as alternates shall be reviewed as an alternative bid to be considered by the County, in lieu I of the primarily specified item(s) . However, item(s) varying from the published specifications shall J Page 5 of 30 jF :\Public Works\Capital Projects\Hurricane Contracts\Hurricane Debris Removal Bid Document - Final.doc be considered substitutes , and the County reserves the right to consider or not to consider substitute bids . Substitutes shall be subject to disqualification if the County does not approve the substitution . Interpretations: No oral interpretations will be made to any Bidder as to the meaning of the Specifications . Every request for such an interpretation shall be made in writing, addressed and forwarded to Indian River County, ten ( 10) or more days before the date fixed for opening of the bids . The County shall not be responsible for oral interpretations given by any County employee . Every interpretation made to bidder will be in the form of an Addendum to the specifications , which if issued, will be sent promptly as is practical to all persons to whom specifications have been issued . All such Addenda shall become part of the specifications . Further, it shall be the responsibility of !, each bidder, prior to submitting their bid, to contact Indian River County ' s Purchasing Division at (772) 567- 8000 ext 1416 to determine if addenda were issued and to make such addenda a part of their bid. Default Provision : In case of default by the Bidder, Indian River County may procure the articles or services from other sources and hold the Bidder responsible for excess incurred thereby, and may take such action, as it deems appropriate, including legal action for Damages or Specific Performance . Manufacturer 's Certification : Indian River County reserves the right to request from the Bidder a separate manufacturer' s certification of all statements made in the proposal . Signed Bid Considered an Offer: This signed bid shall be considered an offer on the part of the Bidder. Indian River County Board of County Commissioners shall deem the offer accepted upon approval . Non Collusion : By signing and submitting the Bid Form, the Bidder certifies that, • This bid has been arrived at by the bidder independently and has been submitted without collusion, and without any agreement, understanding, or planned common course, or action with, any vendor of materials, supplies, equipment, or services described in the invitation to bid, designed to limit independent bidding or competition, and • The contents of the bid have not been communicated by the bidder or its employees or agents to any person not an employee or an agent of the bidder or its surety on any bond furn> shed with the bid, and will not be communicated to any such person prior to the official opening of the bid . • No attempt has been made or will be made by the bidder to induce any other person(s) or firm(s) to submit or not to submit a bid for the purpose of restricting competition. Regulations: It shall be the responsibility of the bidder to assure compliance with any OSHA, EPA and / or other Federal or State of Florida rules , regulations, or other requirements , as each may apply. Applicable Law and Venue : This Order and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671 - 679 F . S . , for any terms and conditions not specifically stated in this Order. �I Page 6 of 30 1 FAPublic Works\Capital Projects\Hurricane Contracts\Hurricane Debris Removal Bid Document - Final .doc Conflict of Interest: Any entity submitting a bid or proposal or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or a County Employee . The relationship with a County Commissioner or a County . Employee that must be disclosed is as follows : father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in -law, daughter- in -law, son - in-law, brother-in-law, sister- in -law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. The term "affiliate" includes those officers , directors , executives, partners , shareholders, employees , members, and agents who are active in the management of the entity. The disclosure of relationships shall be a sworn statement made on a County approved form . Failure to submit the form may be cause for rejection of the bid . Cancellation : It is the intention of Indian River County to purchase material and / or services from sources of supply that will provide prompt and convenient shipment and service. Any failure of the supplier to satisfy the requirements of the County shall be reason for termination of the award. Errors: When an error is made in the bid extension of generating total bid prices or in any other process of completing the bid, the original unit prices submitted will govern. Carelessness in quoting prices , or in preparation of the bid otherwise, will not relieve the bidder. Bid Rejection : Failure to comply with all the above instructions may result in rejection of the bid. Bid Protest: Any actual or prospective bidder who is aggrieved .in connection with the solicitation or proposed award of a contract may protest to the Purchasing Manger. The protest shall be submitted in writing within seven (7) calendar days after such aggrieved person knows or should have known the facts rise thereto . If the protest is not resolved by mutual agreement, the Purchasing Manager shall promptly issue a decision in writing, after consulting the Department and the Office of the County Attorney. Co-Operative Purchasing: It is the intent of the Invitation of Bid to secure goods or services to be used by Indian River County. However, by virtue of bidding, the bidder accepts the right of other Florida Governmental agencies to purchase from this bid proposal . The successful bidder and the requesting Governmental agency, apart from Indian River County, shall handle any such purchases separately. Further, Indian River County assumes no liability for materials or services ordered by any other Governmental agency by virtue of this bid . (Bidders that find this condition unsatisfactory should indicate this by showing exception on the Bid Form ) Awards: The County reserves the right to make award(s) by individual item, aggregate or none, or a combination thereof; with one or more suppliers ; to cancel the bid, reject any and all bids or waive any minor irregularity or technicality in bids received. When it is determined there is no competition to the lowest responsive bidder, evaluation of other bids is not required. Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive . The County reserves the right to not make any award(s) under this bid. Criteria for Award : A. Compliance to the specifications B . Delivery C . Warranty and Service Location D . Cost Page 7 of 30 FAPublic Works\Capital Projects\Hurricane Contracts\Huiricane Debris Removal Bid Document - Final .doc E . Public Entity Crime Form F . Disclosure Statement Termination by the County: The County reserves the right to terminate a contract by giving thirty (30) days notice, in writing, of the intention to terminate, if at any time the contractor fails to abide by or fulfill any of the terms and conditions of the contract. The County also reserves the right to terminate this contract for convenience of the County and / or with or without cause . Compliance with Laws and Regulations: Bidder agrees that they will comply with all Federal, State, and Local Laws and Regulations applicable to the production, sale, and delivery of the goods or the furnishing of any labor or services called - for by this order, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference . Noncompliance may be considered grounds for termination of contracts . • Public Record Law : Correspondence, materials , and documents received pursuant to this Invitation for Bid become public records subject to the provisions of Chapter 119 , Florida Statutes . • Safety Standards : Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of the Federal Occupational Safety and Hazards Act (OSHA) , American National Standards Institute Safety Standards, and any Florida standards there under. i • Material Safety Data Sheets : In accordance with Chapter 442, Florida Statutes , it is the seller' s duty to advise Indian River County if a product is a listed toxic substance and to provide a Material Safety Data Sheet (MSDS) at the time of delivery. Insurance: • Owners and Subcontractors Insurance: The contractor shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the owner, nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor ' s work us covered by the protections afforded by the contractor' s insurance . • Worker 's Compensation Insurance: The contractor shall procure and maintain worker ' s compensation insurance to the extent required by law for all their employees to be engaged in work under this contract . In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker' s compensation statute, the contractor shall provide adequate coverage for the protection of such employees . • Public Liability Insurance: The contractor shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The owner shall be an additional named insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be performed. i I Page 8 of 30 FAPublic Works\Capital Projects\Hurricane Contracts\Hurricane Debris Removal Bid Document - Final.doc i Commercial General COMMERCIAL GENERAL (PUBLIC) LIABILITY, A . Premises / Operations OTHER THAN AUTOMOBILE B . Independent Contractors C. Products / Completed Operations $ 1 ,000 ,000 .00 COMBINED SINGLE LIMIT FOR D . Personal Injury BODILY INJURY AND PROPERTY DAMAGE E . Contractual Liability F . Explosion, Collapses, and Underground Property Damage l AUTOMOBILE A. Owner Leased Automobiles $1 ,000,000 .00 COMBINED SINGLE LIMIT BODILY B . Non-Owned Automobiles INJURY AND DAMAGE LIABILITY C . Hire Automobiles • Proof of Carriage of Insurance: The contractor shall furnish the owner a certificate of insurance in a form acceptable to the owner for the insurance required . Such certificate or an endorsement provided by the contractor must state that the owner will be given thirty (30) days written notice prior to cancellation or material change in coverage . Copies of an endorsement-naming owner as Additional Name Insured must accompany the Certificate of Insurance . 1 Indian River County reserves the right to accept or reject any or all bids in whole or in part 1 and waive all formalities . N Note: Any and all special conditions attached hereto, which may vary from these General Conditions, shall have precedence. I I �I I Page 9 of 30 FAPublic Works\Capital Projects\Hurricane Contracts\Hurricane Debris Removal Bid Document - Final . doc i GENERAL CONDITIONS Disaster Debris Removal and Disposal Contract SCOPE of SERVICES Disaster Recovery Contractors are sought to support Indian River County in the management of debris resulting from but not limited to catastrophic events such as tornadoes and hurricanes . The Contractor shall clear and remove any and all "eligible" debris (See Exhibit B for definition of "eligible" debris) primarily from public right-of-way on County streets and roads . Work will include the following : • Examine debris to determine whether or not debris is eligible, burnable or non burnable • Load the debris 1 • Haul the debris to approved staging area, dumpsite or landfill • Process debris including sorting, grinding, mulching, or burning • Establish and operating temporary debris staging and processing sites • Provide project management services • Haul and dispose of reduced debris to permitted disposal site • Respond and repair damages resulting from Contractor ' s work • Keep accurate records and provide copies to County if requested. • Assist Indian River County in FEMA reporting and reimbursement efforts Note : Contractor shall comply with all provisions contained in Appendix A. EXPENSES INCURRED This solicitation does not commit the County to pay any costs incurred in the preparation and submission of an offer in any form or to produce or contract for said services . The County reserves the right to require any or all Respondents , at no cost to the County, to meet with a Selection Committee subsequent to receipt of proposals, to be interviewed by the Committee and/or to provide additional information or documents as may be required. The Indian River County Board of County Commissioners or its designee are the only individuals who can commit the County to the expenditure of funds in connection with any contract resulting from this solicitation. INQUIRIES , INTERPRETATIONS , AND ADDENDA All firms are herby placed on notice that the County has designated Ms . Terry Thompson, P . E . , Capital Projects Manager, as the liaison for this project. All requests for information regarding this bid must be submitted in writing at least 10 days prior to the bid due date to Ms . Thompson at the Capital Project ' s office, 1840 25th Street, Vero Beach, Florida 32960- 3365 . Email requests are acceptable . RESPONDENT ' S RESPONSIBILITY Before submitting a bid proposal, each Respondent shall make all investigations and examinations necessary to learn the conditions and requirements that may influence the performance of the services requested and the contract . Failure to make such investigations and examinations shall not relieve successful Respondents from the obligations to comply, in every detail, with all the provisions and requirements of the awarded contract nor shall it be a basis for any claim whatsoever for alteration in any condition of the awarded contract. Page 10 of 30 FAPublic Works\Capital Projects\Hurricane Contracts\Hurricane Debris Removal Bid Document - Final .doc 1 ACCEPTANCE/REJECTION OF BID PROPOSALS The County reserves the right to reject any and all bid proposals with or without cause , to waive technical errors and informalities, or to accept that bid proposal or combination of bid proposals , which in the County' s sole and absolute judgment, best serves the public interest. BIDDER' S QUALIFICATIONS All Bidders ' must complete the questionnaire following the bid form in order to be considered for bid award . The County reserves the right to reject the bids of unqualified or non-responsive Bidder ' s . 1 COOPERATION/COORDINATION The OWNER and its authorized representatives shall be permitted access at every facility or property for the inspection of all work . 1 Work by OWNER: The County hereby reserves the right to perform activities in the area where work is being done under this contract with its own forces . Work by Other CONTRACTORS : The County hereby reserves the right to permit other CONTRACTORS to work within the area, which is the site of the work under this contract . i Coordination : CONTRACTOR shall afford OWNER and other CONTRACTORS reasonable opportunity for the introduction and storage of their equipment, materials and the execution of their work concurrently, and shall properly coordinate its work with theirs in the best interest of the County. COMMENCEMENT OF WORK The work shall commence immediately upon receipt of a Notice to Proceed. The Contractor shall mobilize within 72 hours of receiving Notice to Proceed. PAYMENT AND PERFORMANCE BONDS I Within three (3 ) normal workdays after receiving a Notice to Proceed from the County, the Contractor shall furnish the County with a Payment Bond and a Performance Bond in accordance with Florida Statutes Section 255 . 05 , each in the sum of five million dollars ($ 5 , 000, 000 . 00) . The Surety shall be authorized to issue surety bonds in Florida and be included in the most recent United States Department of Treasury List of Acceptable Sureties . One fully executed copy of each of the Payment Bond and the Performance Bond shall be recorded at the County Courthouse . The ! Performance Bond shall continue in effect for one ( 1 ) year after Substantial Completion and acceptance of the Work as a guarantee that the workmanship and materials are free from construction defects . f DEFECTIVE EQUIPMENT All equipment furnished or work performed, when not in accordance with the intent of these Specifications , shall be rejected and shall be removed immediately and replaced by suitable and satisfactory equipment. Failure to reject any defective work or equipment will not prevent later rejection when such a defect is discovered and shall not relieve the CONTRACTOR of his obligation to fulfill his contract even though such work and equipment have been previously inspected by the OWNER and accepted; it shall not obligate the OWNER to final acceptance nor shall it prevent the OWNER in any time subsequent from recovering damages from work actually shown to be defective within a one ( 1 ) year period after the final acceptance . Page 11 of 30 FAPublic Works\Capital Projects\Hurricane Contracts\Hurricane Debris Removal Bid Document - Final .doc If the CONTRACTOR fails to remove any defective work or equipment, the OWNER shall have the right to stop work and remedy the cause at the expense of the CONTRACTOR. If the OWNER deems it expedient to accept minor imperfect work, the OWNER shall have the right to retain such work and an equitable deduction shall be made in the Contract price. DAMAGE TO ROADWAYS, RIGHTS- OF-WAY AND PRIVATE PROPERTY Until final acceptance of the work by the OWNER, it shall be under the charge and care of the CONTRACTOR and he shall take every necessary precaution against injury or damage to property by the action of the elements , or from any other cause whatsoever. The CONTRACTOR shall rebuild, repair, restore and make good, at his own expense, damages to any portion of properties before its completion and acceptance . Final Cleanup . Before the contract is considered complete, al l rubbish and unused material due to , or connected with, the work must be removed and all premises, rights- of-ways , and lands left in a condition satisfactory to the OWNER. All property, public or private, disturbed or damaged, during the execution of the work shall be restored to its former condition. Final payment will be withheld until such work is accomplished. I SAFETY AND PROTECTION i Safety. The CONTRACTOR shall furnish and install al l necessary equipment and facilities for the protection of the workers and the safety of the public and shall carry on this work in a manner best calculated to avoid injury to the public or to the workers . Protection of Adjacent Property and Utilities : The CONTRACTOR shall conduct his work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through his operations . The CONTRACTOR shall take cognizance of al l l existing utilities and he shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional costs to the OWNER any breakage or damage caused by his operation. Should the OWNER be required to make such repairs, the cost of such f repairs shall be deducted from the contract price . CONTRACT PERIOD This Contract shall be binding on the parties for a period of twenty-four (24) consecutive months from the date of this Contract by both parties unless terminated earlier in accordance with its terms . The County may extend the term of this Contract for up to three (3 ) additional terms of twelve ( 12) months each on the same terms and conditions . i REQUIRED NOTIFICATIONS The Contractor shall notify the County immediately upon any change in ownership or financial ( condition of the company. The County reserves the right to terminate any contract entered into between the County and an awarded Contractor if in the County' s sole and absolute judgment changes to the company' s ownership or financial condition renders the Contractor unable to perform the scope of services sought under this contract. The Contractor shall disclose future contractual obligation within the State of Florida throughout the term of the contract and provide reasonable assurance that such obligations will not preclude the Contractor from meeting its obligations under this Contract . i Page 12 of 30 FAPublic Works\Capital Projects\Hurricane Contracts\Hunicane Debris Removal Bid Document - Final.doc ADJUSTMENTS TO RATES Price adjustments will be made on an annual basis after the first 12 -month term based on the consumer price index (CPI) . Unit prices shall be adjusted upward or downward annually to reflect changes in the CPI for all urban consumers for the South. Should the CPI be discontinued or substantially modified, an alternate index shall be chosen by mutual agreement of the Contractor and the County. Beginning on June 1 , 2006 and on each Junel thereafter, the unit contract prices shall be adjusted to reflect the increase or decrease in the CPI for the immediately preceding twelve ( 12) month period of June to June . The Contractor shall notify the County in writing of increases that are based on the CPI, as provided in this section, no less than thirty (30) days prior to their a implementation. PAYMENT PROCEDURES Progress Payments : OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR' s Applications for Payment at intervals not less than once each month during performance of the Work as provided below. 1 . Ninety percent (90%) of Work completed (with the balance being retainage) ; and 2 . Eighty percent ( 80%) of cost of materials and equipment not incorporated in the Work but stored on the Project site (with the balance being retainage) . i Final Payment: Upon final completion and acceptance of the Work, OWNER shall pay the remainder of the Contract Price including any retainage as recommended by County Contract Administrator. ADMINISTRATION The County shall appoint a contract administrator for this contract with the authority to issue Notices to Proceed for Federal Public Assistance categories of work. All Notices to Proceed shall include a complete. and comprehensive Scope of Work. The Contractor shall not initiate work if there is not a Scope of Work provided with the Notice to Proceed. I AVAILABILITY OF FUNDS This Contract is for goods and services related to disaster response and recovery operations . Activation of this Contract will occur in anticipation of Federal and State Public Assistance funding. I Page 13 of 30 FAPublic Works\Capital Projects\Hurricane Contracts\Hurricane Debris Removal Bid Document - Final . doc �E ^ INDIANRIVER COUNTY ` PURCHASING DIVISION OG 1840 25TH STREET, SUITE N 118 A - VERo BEACH FL 32960-3365 (772) 567-8000 ExT 1416 FAX (772) 77&5140 �LOR1�A INVITATION TO BID FORM SPECIFICATIONS FOR: HURRICANE DEBRIS REMOVAL AND DISPOSAL CONTRACT BID NUMBER: 7076 BID OPENING DATE . JULY 13 , 2005 AT 2 : 00 PM BID OPENING LOCATION: PURCHASING DIVISION 1840 25TH STREET, SUITE N418 VERO BEACH FL 32960-3365 l THE UNDERSIGNS HEREBY CERTIFY THAT THEY HAVE READ AND UNDERSTAND THE CONTENTS OF THIS SOLICITATION AND AGREE TO FURNISH ALL LABOR, MATERIALS AND EQUIPMENT AT THE PRICES SHOWN BELOW SUBJECT TO ALL INSTRUCTIONS, CONDITIONS, SPECIFICATIONS, AND ATTACHMENTS HERETO. FAILURE TO HAVE READ ALL THE PROVISIONS OF THIS SOLICITATION SHALL NOT BE CAUSE TO ALTER ANY RESULTING CONTRACT OR REQUEST ADDITIONAL COMPENSATION. EACH UNIT PRICE SHALL INCLUDE AN AMOUNT CONSIDERED BY CONTRACTOR TO BE ADEQUATE TO COVER CONTRACTOR' S OVERHEAD AND PROFIT FOR EACH SEPARATELY IDENTIFIED ITEM. BIDDERS ARE REQUESTED TO BID ON ALL ITEMS. Unit Price for Vegetative Debris Collection and Transportation to debris stagine area provided by Count': -, 4LAr p r cubic yard $ g /CY (Unit Price Words) Unit Price for Vegetative Debris Collection and Transportation to debris staging area provided by Contractor: C j t � ` w el) I ) R Lr y per cubic yard $ t o t /CY (Unit Price Words) Invitation to Bid Form Page 14(a) 1 Addendum No. I - Page 3 of 10 I Unit Price for Mixed Debris(') Collection and Transportation to County Landfill 6 ,^�X `Ji a VA V CA! r'l r h Q tl (ClYT per ton $ / 3 / , -- /TN (Unit Price Words) Unit Price for Construction & Demolition Debris (C& D(2)) Collection and Transportation to County Landfill : j tl tlL �f 1 � s S 4 per ton r /Tiv (Unit Price Words) Unit Price for Mixed Debris(') Collection and Transportation to Contractor ' s Staging Area for transport to Okeechobee Landfill c-- : per cubic yard (Unit Price Words) Unit Price for Construction & Demolition Debris (C& D(2) Collection and Transportation to Contractor' s Staging Area for transport to Okeechobee Landfill : yam :.. tl ( Ery ? t� (� C.is t -fi �rv7f- per cubic yard $ /0 /CY Unit Price for Transportation of Mixed Debris(') from Contractor' s Staging Area to Okeechobee Landfill (cost associated with landfill disposal fees will be a pass-through cost, with the Contractor invoicing the County at actual cost, without any additional fees) : 00 per ton $ /TN (Unit Price Words) Unit Price for Transportation of Construction & Demolition Debris (C&D(2)) from Contractor' s Staging Area to Okeechobee Landfill (cost associated with landfill disposal fees will be a pass-through cost, with the Contractor invoicing the County at actual cost, without any additional fees) : f Lteper ton $ d `b=' /TN (Unit Price Words) ( 1 ) 1`✓Iixed Debris is primarily vegetation with building debris such as roofing, siding, I nsulation, dry wall, signage and other light construction debris. (2 ) C&D includes but is not limited to building debris such as roofing, siding, insulation, dry wall, signage, plywood, lumber fencing, and other miscellaneous construction debris. < Invitation to Bid Form Page 14(b) I Addendum No. I - Page 4 of 10 Unit Price for Vegetative Waste Consolidation (grinding & chipping) at County or Contractor ' s site : t � ti- ' Q1`'` � `�i Wiper cubic yard $ - /CY (Unit Price Words) Unit Price for Hauling Mulch from County or Contractor ' s site to a State Approved Disposal Site provided b`` ytCo`-nntr�acto�5r: r per cunic yard $ r - /Ly (Unit Price Words) Unit Price for Providing Air Curtain and Burning Vegetative Debris at County or Contracto ' s site : t ^ 3 C i g L-f-f h 1 k�k &&^/f7.per cubic yard $ dam( /CY (Unit Price Words) Unit Price for Cutting Down , Removing and Disposing Hanging Limbs in Right-of- Way: -r''" kw6`- � ( �✓� " p er cubic yard $ � 457 .. 00 /CY (Unit Price Words) Unit Price for Excavation, Removal, and Disposal of Stumps in Right-of--Way: per cubic yard C> O /CY (Unit Price Words) Hazardous Waste Removal, Transport, and Disposal : f� kutv\�J6-�e JyV t E1 tc/� per 55 gal . barrel $ / �U , �/barrel (Unit Price Words) Bio-hazardous Waste Removal, Transport, and Disposal : per pound $ f � c� /LB (Unit Price Words) Dead Animal Collection, Transport, and Disposal : ti :` d� l tc -t��' per pound $ r o � /LB (Unit Price Words) Invitation to Bid Form Page 14(c) Addendum No. I - Page 5 of IO I COMPANY NAME : r z v ;t�ti %WW1 COMPANY ADDRESS : � ` �;; CITY, STATE 3� 0 ° 6 ` Ir ZIP CODE I 3 6 = TELEPHONE : FAx : � -- , s ; J&n r CERTIFICA T E OF COTAPETENC (3) i FEIN NuNMER: ► AUTHORIZED SIGNATURE : .z DATE : l NAME : lz TITLE : (TYPE / PRINTED) (3) There is no competency card requirement for debris removal, but there is for clearing of land. If Bidder does not have a Certificate of Competency, attach documentation on the qualifications of all key staff by position. Describe education, experience and training. Describe experience with Maintenance of Traffic, damage repairs, job site safety, protection of public; working with heavy equipment and removal of hazardous and bio- hazardous waste. Also, identify staff experience working with governmental entities and list those projects. PLEASE SUBMIT AN ORIGINAL AND ONE ( Z ) COPY OF YOUR PROPOSED BID , i Invitation to Bid Form Page 15 Addendum No. I - Page 6 of 10 EXHIBIT B - SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS, DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES , PAGE 29 Delete Paragraph U in its ' entirety, U. _ W a J v � V 9 ; eb7rs3zu�iir icr uzr�` 3i$ti i —�rcvs-�' ei4f cC- ail %-tee '���t7' �, + +L �� i ui � uav v . � r�' -Far the ir�+.. P n s e Zi.}�_d t`6.- the use ekkee e fp} z fGGr-�1V�C�V�'�"V—�'1Z?�� VS'�'CW'VZV11 � 1 V V � _ " ' " " " This" � Addendum MUST be returned with your Bid * * * * * * * * * * K * * * All Bids must be received in the Purchasing Division office located at 1840 25th Street Room 118 , Vero Beach, FL 32960 Prior to the Date and Time shown above . Late bids will be returned unopened. Company Name FIV , ,r;e 1+J rw�c ) t1 Name : birtj tj4 Title : (Type / Printed f' Authorized Si nature : i Date : g Telephone : . � � ~ ' ` � ' Fax : I r Addendum No. 1 - Page 2 of 6 EXHIBIT B - SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS, DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES , PAGES 28 - 30 Replace Exhibit B in its entirety with the attached Exhibit B marked Addendum No. 1 . * * * * * * * * * * * * * *This Addendum MUST be _returned with your Bid * * * * * * * * * * * * * * All Bids must be received in the Purchasing Division office located at 1840 25 ' Street Room 110 , Vero Beach, FL 32960 Prior to the Date and Time shown above . bate bids will be returned unopened . Company Names Name : �d� t ' 'c « t� Title : ` (Type / Printe ; /��1 -��� Authorized Signature : �� --v- " ^ Date : Telephone : d ` Fax : Oc ftO`.,u1 e i ! i - t Addendum No. I - Page 2 of 10 QUALIFICATION QUESTIONNAIRE INFORMATION REQUIRED OF ALL BIDDERS NOTICE : THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON-RESPONSIVE BIDDERS . UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained. Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets are required. 1 . Bidder' s Name /Address : Gle ,� "� � ,.;•�� r s.* 3 -4�: -10 d : Nei e F440i 2 . Bidder ' s Telephone : ` ' & FAX Numbers . ) Fp ;6 3 C s� 46 /�``1 f ice;- 3 . Licensing and Corporate Status : a. Is Contractor License Current? e15 b . Contractor ' s License No : OB 31231 (Attach copy to bid) c . Attach documentation from State of Florida Division of Corporations that indicates the business entity ' s status is active and that lists the names and titles of all officers. 4 . Number of years the firm has performed business as a Contractor in work of the type involved in this contract : ... '`' v 5 . What is firm' s bonding capacity? $ .. �=;; c ?� 6 . Attach to this questionnaire, a notarized financial statement and other information that documents the firm' s financial strength and history . 7 . Attach a list of at least three (3 ) separate and verifiable clients . At least on of the client references shall be for a disaster recovery project . 8 . Attach a detailed description of the Contractor ' s organizational structure, "chain of command" of Contractor ' s response team and project management methods . Provide the name and address of Subcontractors and detail the intended scope of their work. 9 . Attach a list of types and quantities of recovery equipment, availability of equipment, estimate of workload and future commitments to other emergency response contracts . The Contractor must provide reasonable assurance that all equipment identified for disaster recovery will be available and are not contractually obligated to other projects . Page 16 of 30 F:\Purchasing\Bids\2004-2005 FY (7000)\7076 Hurricane Debris Removal Bid\7076 Hurricane Debris Removal Bid.doc 10 . Attach a list of all contractual obligations within Florida for similar disaster recovery services and provide reasonable assurance that such contracts will not interfere with or preclude the Contractor from responding to the County with Contractor ' s full force of manpower and equipment. The Contractor shall disclose future contractual obligation within the State of Florida throughout the term of the contract and provide reasonable assurance that such obligations will not preclude the Contractor from meeting its obligations under this Contract. 11 . Attach a mobilization plan that outlines the Contractor ' s mobilization procedures following a disaster event. This outline should include a breakdown of the time required to perform each mobilization task including the time required to mobilize the Contractor ' s forces , time to mobilize equipment, time required to mobilize subcontractors, and time to set up debris staging areas . 12 . PLEASE MARK ORIGINAL AS "ORIGINAL" AND COPY AS " COPY" i 'I i' i Page 17 of 30 F:\Purchasing\Bids\2004-2005 FY (7000)\7076 Hurricane Debris Removal Bid\7076 Hurricane Debris Removal Bid.doc (PLEASE INCLUDE THIS FORM WITH YOUR BID AFFIDAVIT OF COMPLIANCE ,r 1 IRC Bid # 7076 for of ova l�� �� b=`• � ���% f� � � v� - � � ❑ We DO NOT take exception to the Bid / Specifications . ®' We TAKE exception to the Bid / Specifications as follows : Nr Company Name: Wial •t• s ' 10C. Company Address : , F* w.) t1in Rel I - rL 3) v ) ! r Telephone Number: ``� q -4d Fes ; E-mail : `� i 1� r Geircs `a`t �d""cz , flt �:'l . cr erl r . Authorized Signature : Date : n gg Name : y' ° fit. z5. 'et Title : � �S (Typed / Printed) i Page 18 of 30 1 FAPurchasing\Bids\2004-2005 FY (7000)\7076 Hurricane Debris Removal Bid\7076 Hurricane Debris Removal Bid.doc PUBLIC ENTITY CRIMES Pursuant to Florida Statutes Section 287 . 133 (2)(x) , all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (defined as � the State of Florida, any of its departments or agencies, or any political subdivision) ; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids , proposals , or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287 . 017 for CATEGORY TWO [ currently $25 , 000] for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to , any bid, proposal, reply, or contract for goods or services , any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID CONSTRUCTION CONTRACTS This is a Federal-Aid Project. The Contractor will comply with the wage rates established by the U. S . Department of Labor that are in affect at the time the work is performed. Davis-Bacon wage determinations are to be used in accordance with the provisions of Regulations , 29 CFR Part 1 , Part 3 , and Part 5 . The Contractor will also comply with Affirmative Action to ensure equal employment opportunity (Executive Order 11246) . The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor ' s aggregate workforce, shall be established for the geographic area where the work is actually performed. The contractor shall keep such records as necessary to document compliance with wage rates and EEO requirements . Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the County, FHWA and FEMA. F Page 19 of 30 F:\Public Works\Capital Projects\Hurricane Contracts\Ceres agreement Aug 28 2006.doc _ (Please attach a copy of the final SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . 1 . This sworn statement is submitted with Bid, Proposal or Contract No . 7076 j for d .l a$ Vtd' "moifi i �`� /R � �: 6���i�Lx9t t . .y a E 2 . This sworn statement is submitted by : C 'af< (Name of entity submitting Statement) whose business address is : and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the i- individual signing this swom statement ) 3 . , My name is In fio r-- (Please print name of individual signing) and my relationship to the entity named above is 4 . 1 understand that an "affiliate" as defined in Section 105 . 08 , Indian River County Code, means : The term "affiliate" includes those officers, directors , executives, partners , shareholders, employees, members, and agents who are active in the management of the entity . 5 . I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows : Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. I i Page 20 of 30 FAPurchasing\Bids\2004-2005 FY (7000)\7076 Hurricane Debris Removal Bid\7076 Hurricane Debris Removal Bid.doc 6 . Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this swom statement. [Please indicate which statement applies . ] 3 Neither the entity submitting this sworn statement, nor any officers , directors, executives, partners, shareholders , employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105 . 08 , Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers , directors, executives ; partners , shareholders , employees, members , or agents, who are active in management of the entity have the follovrrg relationsl'ups v�utii a COurity COii2riuSSioiicr or County employee : Name of Affiliate Name of County Commissioner Relationship or entity or employee gnature) 7% c , (Date) STATE OF i COUNTY OF �. `r The foregoing instrument was acknowledged before me this ` day of 20 _ OS by who is personally known o me�W has-p -o as i on. / NOTARY PUBLIC ' Sd"G PRINT: i, Notary Public, State at large ® ■ TRIClA MARIE URBAN My Commission Expires : NOTARY PUBLIC - MINNESOTA _ MY COMMISSION EXPIRES (Seal) JANUARY 31 , 2008 Page 21 of 30 F:\Purchasing\Bids\20042005 FY (7000)\7076 Hurricane Debris Removal Bid\7076 Hurricane Debris Removal Bid. doc 0 a z �*AL019Q'* R D 0 ID ° THIS CHECKLIST IS PROVIDED TO ASSIST EACH BIDDER IN PREPARATION OF THEIR BID RESPONSE . THIS CHECKLIST IS ONLY A GUIDELINE IT IS THE RESPONSIBILITY OF EACH BIDDER TO READ AND COMPLY WITH THE INVITATION TO BID IN ITS ENTIRETY. ✓ Is the Invitation to Bid Form completed and signed? ✓ All price extensions and totals have been reviewed for accuracy? ✓ Is the Affidavit of Compliance completed, signed, and attached? ✓ Is the Warranty Information Form completed and attached (if applicable) ? I ✓ Is the Disclosure of Relationship Sworn Statement completed, signed, notarized, and attached? i ✓ Is each Bid Addendum (if issued) signed and included with the Invitation to Bid Form? j ✓ Is the Trench Safety Form completed and attached (if applicable)? ✓ Is the Bid #, Bid Title, and Bid Opening Date & Time marked clearly on the outside of the envelope? ✓ Is your company' s name and address clearly printed on the outside of the envelope? ✓ Is the Invitation to Bid Form submitted in duplicate? ✓ Is the original marked " ORIGINAL" and is the copy marked " COPY" ? ✓ Is all of the above in the envelope and is the envelope sealed? i' If you have any questions about submission of the Invitation to Bid Form, please contact the Indian River County Purchasing Division at (772) 567- 8000 ext. 1416 or by Fax at (772) 770- 5140 or via E- mail at purchasingCircgov . com Thank you for your interest ! Page 22 of 30 FAPublic Works\Capital Projects\Hurricane. Contracts\Hurricane Debris Removal Bid Document - Final . doc i AGREEMENT THIS AGREEMENT made and entered into this 23 day of August 320055 by and between Ceres Environmental Services, Inc . , hereinafter called the CONTRACTOR and INDIAN RIVER COUNTY herein called the OWNER. WITNESSED : That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as set forth below : Article 1 . SCOPE OF WORK As per specifications of advertised and sealed bid in Indian River County Bid # 7076 , for Indian River County Disaster Debris removal and Disposal Contract ; OWNER desires to purchase certain goods and services as more specifically set forth in Exhibit B attached hereto and made a part hereof from Contractor on the terms and conditions set forth herein, and at the unit prices set forth in the Bid Form attached hereto and made a part hereof. This Agreement constitutes a binding Contract when signed by the OWNER and accepted by the CONTRACTOR, either by execution of this AGREEMENT, or by commencement or rendering of services without reservations . Article 2 . NOTICE TO PROCEED The CONTRACTOR shall not commence work until it receives a written Notice to Proceed from the OWNER. The CONTRACTOR shall commence work within the time frames established in Exhibit B for the type of service or project requested after receiving the Notice to Proceed unless the Notice to Proceed indicates otherwise . Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the work. The CONTRACTOR shall provide Performance Bonds for all work in this Agreement . All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness, and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive ; and such determination and decision, in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder. Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction, including appeal, if any, may be eliminated therefrom ; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein. Page 23 of 30 F :\Public Works\Hurricane Information 2006\Ceres agreement Aug 28 2006.doc Article 4 . QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR ' S Bid Form . The CONTRACTOR ' s price at the time of delivery of goods and services will be : a) the price set forth on the Bid Form ; and b) when not delineated on the Bid Form, the prices established in the version of the FEMA rate structures applicable when the CONTRACTOR is given Notice to Proceed . The CONTRACTOR, by June 1 of each year, shall notify the COUNTY in writing of any proposed price schedule changes with justification for each change. The COUNTY will either accept the proposed changes or decline to accept the price changes within thirty (30) days and ask for negotiation. Article 5 . PAYMENT PROCEDURES Progress Payments: OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR ' s Applications for Payment at intervals not less than once each month during performance of the Work as provided below. 1 . Ninety percent (90%) of Work completed (with the balance being retainage) ; and 2 . Eighty percent ( 80%) of cost of materials and equipment not incorporated in the Work but stored on the Project site (with the balance being retainage) . Final Acceptance and Payment: When the work provided for under this contract has been completed, in accordance with the terms thereof, a payment request in the amount of such work shall be prepared by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion. In accordance with the Florida Prompt Payment Act, after final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount. PAYMENT and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract. Article 6 . THE CONTRACT DOCUMENTS The General Terms and Conditions, Invitation to Bid Form, Qualification Questionnaire, Special Provisions - Disaster Debris Removal and Disposal Services (Exhibit B), Insurance Requirements (Exhibit A) , Performance and Payment Bonds, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein. Article 7 . VENUE This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River county, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. Article 8. CONTRACT PERIOD This Contract shall be binding on the parties for a period of twenty- four (24) consecutive months from the date of this Contract by both parties unless terminated earlier in accordance with its terms . The County may extend the term of this Contract for up to three (3 ) additional terms of twelve ( 12) months each on the same terms and conditions . Page 24 of 30 F :\Public Works\Capital Projects\Hurricane Contracts\Ceres agreement Aug 28 2006.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on August 23 , 2005 (the date the Contract is approved by the Indian River County Board of County Commissioners , which is the Effective Date of the Agreement) . OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: I t By: 1 / Arthur R. NCub�epgXCh ' �Kc= . �1 (Co actor) By: s A. Baird, County Administrator tJo Se Attest , %�' W � APPROVED AS TO FORM AND LEGAL SUM IE Y : r- By: ' Z.,�Ke<Assill or ey Address for giving notices : a 8S" rove Jeffrey K. Barton, Clerk of-Court * � r License No . r Attest : (Where applicable) 0 . Deputy Clerk (SEAL) q , 4 Agent for service of process : (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign . ) Page 25 of 30 F :\Public Works\Capital Projects\Hurricane Contracts\Ceres agreement Aug 28 2006.doc INDL4A'. TVER COUNTY �d PURCHASI7VGI71VISION A1840 25'T' ,STREET, SUITE Nb ll8 - _ VERo BEAcE FL 32960.3365 (772) 5674000 EXT 1416 FAX (772) 7704140 (SRI INVITATION TO BID FORINT SPECIFICATIONS FOR: HURRICANE DEBRIS REMOVAL AND DISPOSAL CONTRACT BID NUMBER: 7076 BID OPENING DATE : JULY 13 , 2005 AT 2 : 00 PINI BID OPENING LOCATION: PURCHASING DIVISION 1 184025TH STREET, SUITE N418 VERO BEACH FL 32960-3365 THE UNDERSIGNS HEREBY CERTIFY THAT THEY HAVE READ AND UNDERSTAND THE CONTENTS OF THIS SOLICITATION AND AGREE TO FURNISH ALL LABOR, MATERIALS AND EQUIPMENT AT THE PRICES SHOWN BELOW SUBJECT TO ALL INSTRUCTIONTS, CONDITIONS, SPECIFICATIONS, AND ATTACHMENTS HERETO, FAILURE TO HAVE l READ ALL THE PROVISIONS OF THIS SOLICITATION SHALL NOT BE r CAUSE TO ALTER ANY RESULTING CONTRACT OR REQUEST ADDITIONAL COMPENSATION. EACH UNIT PRICE SHALL INCLUDE AN AMOUNT CONSIDERED BY CONTRACTOR TO BE ADEQUATE TO COVER CONTRACTOR' S OVERHEAD AND PROFIT FOR EACH SEPARATELY IDENTIFIED ITEM, BIDDERS ARE REQUESTED TO BID ON ALL ITEMS. J Unit Price for Vegetative Debris Collection and Transportation to debris staging area provided by County ner cubic yard $ /CY . (Unit Price Words) Unit Price for Vegetative Debris Collection and Transportation to debris staging area provided by Contractor: y per cubic yard $ 71 /CY (Unit Price Words) Invitation to Bid Form Page 14 (a) Addendum No. I m Page 3 of 10 1 Unit Price for Mixed Debris (') Collection and 'Transportation to Count- Landfill C, -�t /TNT (Unit per ton $ / % /TIT (Unit Price Words) I Unit Price for Construction & Demolition Debris (C& D(' ) Collection and Transportation to County Landfill : ` per ton $ / �-, , (Unit Price Words) I Unit Price for Mixed Debris (') Collection and 'Transportation to Contractor ' s Staging Area for transport to Okeechobee Landfill c7 l .7e\. cL f tc r -i 4: icy -k, &e ` per cubic yard $ /CY (Unit Price Words) Unit Price for Construction & Demolition Debris (C& D(2) Collection and Transportation to Contractor' s Staging Area for transport to Okeechobee Landfill : per cubic yard $ f D /CY Unit Price for Transportation of Mixed Debris(') from Contractor ' s Staging Area to i Okeechobee Landfill (cost associated with landfill disposal fees will be a pass-through cost, with the Contractor invoicing the County at actual cost, withouf any additional fees) : %he\ T per ton $ a /TN l (Unit Price Words) I Unit Price for 'Transportation of Construction & Demolition Debris (C&ID (2) from i Contractor' s Staging Area to Okeechobee Landfill (cost associated with landfill i disposal fees will be a pass-through cost, with the Contractor invoicing the County at actual cost, without any additional fees) : per ton $ `*=' /TN (Unit Price Words) ( 1 ) Mixed Debris is primarily vegetation with building debris such as roofing, siding, l insulation, dry wall, signage and other light construction debris. (2 ) C&D includes but is not limited to building debris such as roofing, siding, insulation, i dry wall, signage, plywood, lumber fencing, and other miscellaneous construction debris. Invitation to Bid Form Page 14(b) Addendum No. I - Page 4 of 10 Unit Price for Vet!pgetative Waste Consolidation (grinding & chipping) at County or Contractor ' s site : , 5�15 1 er cubic yard $ �— /CY (Unit Price Words) Unit Price for Hauling Mulch from County or Contractor ' s site to a State Approved Dis . osal Site provided by Contractor: per cubic yarn $ /CY (Unit Price Words) Unit Price for Providing Air Curtain and Burning Vegetative Debris at County or Contractor' s site : / d� ..per cubic yard $ C /CY (Unit Price Words) Unit Price for Cutting Down, Removing and Disposing Hanging Limbs in Right-of Way: Z Avg j e`e�l' 62'v*f er cubic yard $ .. 00, /CY (Unit Price Words) i L.. Unit Price for Excavation, Removal, and Disposal of Stumps in Right-of Way:per cubic yard $ 00 /CY (Unit Price Words) Hazardous Waste Removal, Transport, and Disposal : - CA � tr� LX-vLj cor�.� j lel 1 W^- or f [ &`f er 55 gal. barrel %barrel (Unit Price Words) Bio-hazardous Waste Removal, 'Transport, and Disposal : r�v�. ~- l�rl per pound $ S' f � � /LB (Unit Price Words) Dead Animal Collection, Transport, and Disposal : � per pound $ -� G /LB (Unit Price Words) Invitation to Bid Form Page 14(c) i " i Addendum No. I - ,,Wage 5 of IO l i r � COMPANY NAME : ft'ata-ZA COMPANY ADDRESS : ' CITY, STATE i ZIP CODE 6 TELEPHONE : FAx : �` =�.� CER. L rICA r OF C OMIPE ENu '(3) i r FF✓IN NITivMER: yipIto AUTHORIZED SIGNATURE : O DATE : l NAME • "' rL 1 ` L...F � '�� TiTLE . pirLeii-i If I (TYPE / PRINTED) (3) There is no competency card requirement for debris removal, but there is for clearing of land .lf Bidder does not have a Certificate of Competency, attach documentation on the qualifications of all key staff by position. Describe education, experience and training. Describe experience with Maintenance of Traffic, damage repairs, job site safety, protection of public, working with heavy equipment and removal of hazardous and bio. hazardous waste. Also, idents staff experience working with governmental entities and list r those projects. PLEASE SUBMIT AN ORIGINAL AND ONE ( 1 ) COPY OF YOUR PROPOSED BID . I i l l J Invitation to Bid Form Page 15 Addendum No. 1 - Page 6 of 10 EXEffBrr B - Sl°ECIAL Z XXL OJLONS AND . TECHNICAL SPECIFICATIONS., DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES. PACE 29 Delete paragraph U in its ' entirety: U. $1_ l Ll @4t$V� {1V�_y - V/� _ Y u L V u 1 i T y V V iV�V n' s i�M. wd. af T �-aE ' - -`u ' �/ Vl V .J V.w �Z�uS�ZL'Y. .v.S'� _ J v L 4L1Y - i '" * * * * * * * * * * * * * This Addendum MUST be returned with. your Bid * * * * * * * * * * * * * * All Bids must be received in the Purchasing Division office located at 1840 25th Street Room 118 , Vero Beach, FL 32960 Prior to the Date and Time shown above. Late bids will be returned unopened. F Company Name �— � Q 1 4 1 � Name : �'� p a,6 Title : lak 4 (Type / Printed :' A Authorized Signature : rz Date : /I - t� Telephone : . ��. , Fax: 66 ak a L AA � ia � �� � I Addendum No. 1 - page 2 of 6 i EDIT B - SPECLAL PROVISIONS AND TECMNICAL SPECIFICATIONS , DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES . PAGES 28 - 30 Replace Exhibit B in its entirety with the attached Exhibit B marked Addendum No. 1 . This Addendum NWST be returned with your lAll Bids must be received in the Purchasing Division office located at 1840 2 ') Sheet Room 110 , Vero Beach, Fi, 332960 Prior to the Date and Time shown above . Late bids will be returned unopened . i Company Name 5 �F",Ik e, Zevp JA Name : Title : . (Type / Printe 1 ,f Authorized Signature :j- ; Date : 7v1I316 Telephone : 0 6 'K q, ep ) Fax : �� � �IaT ,�G `� � i J J 1 1 1 1 Addendum No. 1 - Page 2 of 10 • V4VL ACORP . CERTIFICATE OF LIABILITY INSURANCEDATE (MWDWYYY) 08/30/2006 PRODUCER (651 ) 644 - 7200 FAX (651 ) 644 - 9137 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lee F . Murphy , Inc . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2515 Wabash Ave . # 300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR St . Paul , MN 55114- 2000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Am Interna ' 1 Specialty Li nes In . Co . ( BISA ; Ceres Environmental Services , Inc . ETAL INSURER B: Commerce and Industry Insurance Co . (BISA ) 3825 85th Avenue North , Suite # 101 INSURER C: Hanover Insurance Company Brooklyn Park , MN 55443 INSURER D: INSURER E: CO G THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDrrION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR D' TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION POLICY NUMBER DATE LIMITS GENERAL LIABILITY EG 7076886 06/03 /2006 06/03/2007 EACH OCCURRENCE $ 11000 , 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 1001 000 CLAIMS MADE OCCUR MED EXP (Anyone person) $ 105000 A X Incl . Poll Prof PERSONAL & ADV INJURY $ 190009000 X Cl ai mes Made GENERAL AGGREGATE $ 23000 , 000 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , 0009000 X POLICY PRO- JECT LOC AUTOMOBILE LIABILITY CA 7076888 06/03 /2006 06/03/2007 X ANY AUTO COMBINED SINGLE LIMIT $ (Ea accident) 19000 , 00 9000 , 00 ALL OWNED AUTOS SCHEDULED AUTOSBODILY INJURY $ B HIRED PHYSICAL DAMAGE person) X HIRED AUTOS ACV — X NON-OWNEDAUTOS EDUCTIBE $ 1 , 000/1 , 000 (Paccident) ccide t)INJURY $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTOONLY: AGG $ EXCESS/UMBRELLALIABILITY EGU 7076887 06/03/2006 06/03/2007 EACH OCCURRENCE $ 10 , 000 , 000 A X OCCUR FICLAIMS MADE AGGREGATE $ 10 , 0009000 HXDEDUCTIBLE $ RETENTION $ 10 , 000 $ WORKERS COMPENSATION AND WC 342 -08 - 76 12 /08 /2005 12 /08 /2006we sTATU- oTH- EMPLOYERS' LIABILITY B ANY PROPRIETOR/PARTNERIEXECUTIVE E. L. EACH ACCIDENT $ 190002000 OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYEE 120009000 SPECIAL PROVISIONS below IoTntractors HER E. L. DISEASE - POLICYLIMIT $ 1 , 000 , 000 Equipment IHC 8406400 - 00 08 /18 /2006 08 /18 /2007 $4 , 659 , 723 . Limit verage L SED/RENTED EQUIPMENT Deductible $ 19000 . LIM T $ 500 , 000 /$ 1 , 000 DED DE CRIPTION OF OPERATIONS I LOCATIO S I VEHIC ES I EXC U IONS ADD�p BY ENDORSEMENT I PEC PROVISIONS nd� ian River County is � iStec� as Additional Insured under the General Liability Pol . # EG 7076886 ith regards to : Indian River County Bid # 7076 , Hurricane Debris Removal and Disposal Contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Indian River County 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAND TO THE LEFT, Purchasing Department BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1840 25th Street OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Vero Beach , FL 32960 AUTHORIZED REPRESENTATIVE �+ Rodne Skr ek/LAH Qa`� l Lr&4&1 '� ACORD 25 (2001/08 ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED , the policy( ies) must be endorsed . A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s) . If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) . DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) , authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon . ACORD 25 (2001108) 1704091 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 2079 PG : 1161 , 09 / 15 / 2006 03 : 35 PM PERFORMANCE BOND The American Institute of Architects , AIA Document No . A312 (December, 1984 Edition) Any singular reference to Contractor, Surety , Owner or other party shall be considered plural where applicable . CONTRACTOR ( Nam and Address) : OWNER (Name and Address) : Ceres Environmental Services, Inc. Indian River County 3825 - 85th Ave. No . , Suite 101 1840 25th Street Brooklyn Park, MN 55443 Vero Beach, FL 32960-3365 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business) : Date: August 23 , 2006 Safeco Insurance Company of America Safeco Plaza Amount: $ 1 ,250, 000 .00 Seattle, WA 98185 Description (Name and Location) : Annual Performance Bond for Disaster Recovery Services BOND # 6396869 Date (Not earlier than Construction Contract Date) : August 30, 2006 Amount: $ 1 ,250 ,000 , 00 Modifications to this Bond: ® None Z1� OftOftpage 2 V . CONTRACTCR AS PRI NCI PAL SURETY Company: (Corporate Seal ) Company: (Ccxporale SO) _ Ceres Environmen Services, Safeco Insurance Company of America Signature: � — Signa Name and Title : Steven M, has , Secretary Name a itle: Jack Cedarleaf II, Attome - i act (Any additional signatures appear on page 2.) (FOR INFORMATION Only- Name, Address and Telephone) OWNER' S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER : Cedarleaf, inc., 360 W. Larpentour Ave., St. Paul, party) : MN 55113 1 The Contractor and the Surety, Jointly and severally, bind them- 3. 3 The Owner has agreed to pay the Balance of the Contract Price selves, their heirs, executors, administrators, successors and assigns to the Surety in accordance with the terms of the Construction to the Owner for the performance of the Construction Contract, which Contract or to a contractor selected to perform the Construction is incorporated herein by reference. Contract in accordance with the terms of the contract with the 2 If the Contractor performs the Construction Contract, the Surety and Owner. the Contractor shall have no obligation under this Bond, except to par- ticipate in conferences as provided in Subparagraph 3 . 1 . 4 When the Owner has satisfied the conditions of Paragraph 3 , the 3 If there is no Owner Default/ the Surety's obligation under this Bond Surety shall promptly and at the Surety' s expense take one of the shall arise after: following actions: 3. 1 The Owner has notified the Contractor and the Surety at Its 4 . 1 Arrange for the Contractor with consent of the Owner, to address described in Paragraph 10 below that the Owner is con- perform and complete the Construction Contract; or sidering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Undertake to perform and complete the Construction Contract Its Surety to be held not later than fifteen days after recelpt of such Itself, through its agents or through independent contractors ; or notice to discuss methods of performing the Construction Contract. 4.3 Obtain bids or negotiated proposals from qualified contractors If the Owner, the Contractor and the Surety agree, the Contractor acceptable to the Owner for a contract for performance and com- shall be allowed a reasonable time to perform the Construction Con- pletion of the Construction Contract, arrange for a contract to be tract, but such an agreement shall not waive the Owner's right, if prepared for execution by the Owner and the contractor selected any, subsequently to declare a Contractor Default ; and with the Owner's concurrence , to be secured with performance 3 . 2 The Owner has declared a Contractor Default and formally and payment bonds executed by a qualified surety equivalent to terminated the Contractor's right to complete the contract. Such the bonds issued on the Construction Contract, and pay to the Contractor Default shall not be declared earlier than twenty days Owner the amount of damages as described in Paragraph 6 in after the Contractor and Surety have received notice as provided excess of the Balance of the Contract Price incurred by the Owner In Subparagraph 3. 1 ; and resulting from the Contractor's default; or oRsc 22119 (10-93) Page 1 of 2 A TRUE COPY CERTIFICATION ON LAST PAGE J.K BARTON. CLERK BK : 2079 PG : 1162 4 .4 Waive Its right to perform and complete , arrange for completion , accrue on this Bond to any person or entity other than the OwneVor Or obtain a new contractor and with reasonable promptness under its heirs , executors , administrators or successors . the circumstances : 8 The Surety hereby waives notice of any change , including changes A After investigation , determine the amount for which it may of time , to the Construction Contract or to related subcontracts , be liable to the Owner and , as soon as practicable after purchase orders and other obligations . the amount is determined , tender payment therefor to the 9 Any proceeding , legal or equitable , under this Bond may be Owner; or instituted in any court of competent jurisdiction in the location in which . 2 Deny liability in whole or in part and notify the Owner citing the work or part of the work is located and shall be instituted within reasons therefor . two years after Contractor Default or within two years after the Con- ti If the Surety does not proceed as provided in Paragraph 4 with tractor ceased working or within two years after the Surety refuses reasonable promptness , the Surety shall be deemed to be in default or fails to perform its obligations under this Bond, whichever occurs on this Bond fifteen days after receipt of an additional written notice first. If the provisions of this Paragraph are void or prohibited by law, from the Owner to the Surety demanding that the Surety perform its the minimum period of limitation available to sureties as a defense Obligations under this Bond, and the Owner shall be entitled to enforce in the jurisdiction of the suit shall be applicable . any remedy available to the Owner. If the Surety proceeds as provided 10 Notice to the Surety, the Owner or the Contractor shall be mailed in Subparagraph 4 .4 , and the Owner refuses the payment tendered or delivered to the address shown on the signature page . or the Surety has denied liability, in whole or in part, without further 11 When this Bond has been furnished to comply with a statutory or notice the Owner shall be entitled to enforce any remedy available other legal requirement in the location where the construction was to the Owner. to be performed , any provision in this Bond conflicting with said statu- 6 After the Owner has terminated the Contractor's right to complete tory or legal requirement shall be deemed deleted herefrom and the Construction Contract , and if the Surety elects to act under provisions conforming to such statutory or other legal requirement Subparagraph 4. 1 , 4.2 , or 4. 3 above, then the responsibilities of the shall be deemed incorporated herein . The intent is that this Bond shall Surety to the Owner shall not be greater than those of the Contractor be construed as a statutory bond and not as a common law bond . under the Construction Contract, and the responsibilities of the Owner 12 DEFINITIONS to the Surety shall not be greater than those of the Owner under the 12.1 Balance of the Contract Price The total amount payable by Construction Contract. To the limit of the amount of this Bond , but the Owner to the Contractor under the Construction Contract after subject to commitment by the Owner of the Balance of the Contract all proper adjustments have been made, including allowance to Price to mitigation of costs and damages on the Construction the Contractor of any amounts received or to be received by the Contract , the Surety is obligated without duplication for: Owner in settlement of insurance or other claims for damages to 6. 1 The responsibilities of the Contractor for correction of defec- which the Contractor is entitled , reduced by all valid and proper tive work and completion of the Construction Contract; payments made to or on behalf of the Contractor under the Construction Contract . 6 . 2 Additional legal design professional and delay costs resulting 12. 2 Construction Contract: The agreement between the Owner from the Contractor's Default, and resulting from the actions or and the Contractor Identified on the signature page, including all failure to act of the Surety under Paragraph 4 ; and Contract Documents and changes thereto. 6. 3 Liquidated damages , or if no liquidated damages are speci- 12,3 Contractor Default: Failure of the Contractor, which has neither fied in the Construction Contract . actual damages caused by been remedied nor waived , to perform or otherwise to comply with delayed performance or non-performance of the Contractor. the terms of the Construction Contract. T The Surety shall not be liable to the Owner or others for obligations 12.4 Owner Default: Failure of the Owner, which has neither been of the Contractor that are unrelated to the Construction Contract and remedied nor waived , to pay the Contractor as required by the the Balance of the Contract Price shall not be reduced or set off on Construction Contract or to perform and complete or comply with account of any such unrelated obligations . No right of action shall the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS : (Space is provided below for additional signatures of added parties other than those appearing on the cover page. ) CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seal) Company : Company : Address : Address : Name and Title : Name and Title : Signature: Signature : ORSC 22119 ( 10-93) Page 2 of 2 A TRUE COPY CERTIFICATION ON LAST PAGE JX BARTONt CLERK BK : 2079 PG : 1163 PAYMENT BOND The American Institute of Architects , AIA Document No . A312 (December, 1984 Edition) . Any singular reference to Contractor, Surety , Owner or other party shall be considered plural where applicable . CONTRACTOR ( Name and Address) : SURETY (Name and Principal Place of Business) : Ceres Environmental Services, Inc. Safeco Insurance Company of America 3825 - 85th Ave. No . , Suite 101 Safeco Plaza Brooklyn Park, MN 55443 Seattle, WA 98185 OWNER (Name and Address) : Indian River County 1840 25th Street Vero Beach , FL 32960- 3365 CONSTRUCTION CONTRACT Date: August 23 , 2006 Amount: $ 1 , 000,000 . 00 Description (Name and Location) : Annual Performance Bond for Disaster Recovery Services BOND # 6396869 Date (Not earlier than Construction Contract Date) : August 30, 2006 Amount: $ 1 ,000,000 . 00 Modifications to this Bond : ® None ❑ See Page 2 ' : • %yv r . CONTRACTOR AS PRINCIPAL SURETY 1 6 '9 ;' P Company: (Corporate Seal) Company: ' (CorporaRSeal) Ceres Environmental S ices, Inc. Safeco Insurance Company of America Signature : Signature : Name and Title : teven M . Johns cretary Name a itle : Jack Cedarleaf II , Attorney- ' - ct (Any additional signatures appar on nage 23 (FOR INFORMATION ONLY—Name , Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER : Cedarleaf, Inc., 360 W. Larpenteur Ave., St. Paul, party) : MN 55113 1 The Contractor and the Surety , jointly and severalty , bind them- 4. 1 Claimants who are employed by or have a direct contract with the selves, their heirs, executors , administrators, successors and assigns Contractor have given notice to the Surety (at the address described to the Owner to pay for labor, materials and equipment furnished for in Paragraph 12) and sent a copy, or notice thereof, to the Owner, use in the performance of the Construction Contract, which is incor- stating that a claim is being made under this Bond and , with sub- porated herein by reference . stantial accuracy, the amount of the claim. 2 With respect to the Owner, this obligation shall be null and void if 4.2 Claimants who do not have a direct contract with the Contractor: the Contractor: . 1 Have furnished written notice to the Contractor and sent a copy, 2 . 1 Promptly makes payment, directly or indirectly, for all sums due or notice thereof, to the Owner, within 90 days after having last Claimants , and performed labor or last furnished materials or equipment included 2 . 2 Defends , indemnifies and holds harmless the Owner from In the claim stating, with substantial accuracy, the amount of the claims , demands , liens or suits by any person or entity whose claim and the name of the party to whom the materials were fur- claim , demand , lien or suit is for the payment for labor, materials nished or supplied or for whom the labor was done or performed; or equipmerit furnished for use in the performance of the Construc- and tion Contract , provided the Owner has promptly notified the Con- 2 Have either received a rejection in whole or in part from the Con- tractor,and the Surety (at the address described in Paragraph 12) tractor or not received within 30 days of famishing the above notice of any claims; demands , liens or suits and tendered defense of any communication from the Contractor by which the Contractor such claims , demands , liens or suits to the Contractor and the has Indicated the claim will be paid directly or indirectly; and Surety , and provided there is no Owner Default. 3 Not having been paid within the above 30 days, have sent a 3 With respect to Claimants , this obligation shall be null and void if written notice to the Surety (at the address described in Paragraph the Contractor promptly makes payment, directly or Indirectly , for all 12) and sent a copy, or notice thereof, to the Owner, stating that sums due . a claim Is being made under this Bond and enclosing a copy of 4 The Surety shall have no obligation to Claimants under this Bond until : the previous written notice furnished to the Contractor. ORIC 22114 (7.93) Page 1 of 2 A TRUE COPY CERTIFICATION ON LAST PAGE J .K. BARTON, CLERK BK, : 2079 PG : 1164 5 If a notice required by Paragraph 4 is given by the Owner to the Con- Paragraph are void or prohibited by law , the minimum period of limi" tractor or to the Surety , that is sufficient compliance . tation available to sureties as a defense in the jurisdiction of the suit 6 When the Claimant has satisfied the conditions of Paragraph 4 , the shall be applicable . Surety shall promptly and at the Surety's expense take the following 12 Notice to the Surety , the Owner or the Contractor shall be mailed actions : or delivered to the address shown on the signature page . Actual 6 . 1 Send an answer to the Claimant , with a copy to the Owner , receipt of notice by Surety , the Owner or the Contractor, however within 45 days after receipt of the claim , stating the amounts that accomplished , shall be sufficient compliance as of the date received are undisputed and the basis for challenging any amounts that are at the address shown on the signature page . disputed . 13 When this Bond has been furnished to comply with a statutory or 6 . 2 Pay or arrange for payment of any undisputed amounts , other legal requirement in the location where the construction was 7 The Surety 's total obligation shall not exceed the amount of this to be performed , any provision in this Bond conflicting with said statu- Bond , and the amount of this Bond shall be credited for any payments tory or legal requirement shall be deemed deleted herefrom and made in good faith by the Surety . provisions conforming to such statutory or other legal requirement 8 Amounts owed by the Owner to the Contractor under the Construc- shall be deemed incorporated herein . The intent is that this Bond shall tion Contract shall be used for the performance of the Construction be construed as a statutory bond and not as a common law bond . Contract and to satisfy claims , if any, under any Construction Perfor- 14 Upon request by any person or entity appearing to be a potential mance Bond . By the Contractor furnishing and the Owner accepting beneficiary of this Bond , the Contractor shall promptly furnish a copy this Bond , they agree that all funds earned by the Contractor in the of this Bond or shall permit a copy to be made . performance of the Construction Contract are dedicated to satisfy obli- 15 DEFINITIONS gations of the Contractor and the Surety under this Bond , subject to 15 . 1 Claimant: An individual or entity having a direct contract with the Owner's priority to use the funds for the completion of the work , the Contractor or with a subcontractor of the Contractor to furnish 9 The Surety shall not be liable to the Owner, Claimants or others for labor, materials or equipment for use in the performance of the obligations of the Contractor that are unrelated to the Construction Contract. The intent of this Bond shall be to include without limi- Contract . The Owner shall not be liable for payment of any costs or tation in the terms " labor, materials or equipment" that part of expenses of any Claimant under this Bond , and shall have under this water, gas , power, light , heat, oil , gasoline , telephone service or Bond no obligation to make payments to , give notices on behalf of, rental equipment used in the Construction Contract, architectural 10 The Surety hereby waives notice of any change , including changes or otherwise have obligations Claimants under this Bond . and engineering services required for performance of the work of the Contractor and the Contractor' s subcontractors , and all other of time , to the Construction Contract or to related subcontracts , pur- items for which a mechanic' s lien may be asserted in the jurisdic- tion where the labor, materials or equipment were furnished . 11 No suit or action shall be commenced by a Claimant under this 15 . 2 Construction Contract: The agreement between the Owner Bond other than in a court of competent jurisdiction in the location and the Contractor identified on the signature page , including all in which the work or part of the work is located or after the expiration Contract Documents and changes thereto . of one year from the date (1 ) on which the Claimant gave the notice required by Subparagraph 4 . 1 or Clause 4 .2 . 3 , or (2 ) on which the last 15 . 3 Owner Default: Failure of the Owner, which has neither been labor or service was performed by anyone or the last materials or remedied nor waived , to pay the Contractor as required by the Con- equipment were furnished by anyone under the Construction Con - struction Contract or to perform and complete or comply with the tract , whichever of ( 1 ) or (2 ) first occurs . If the provisions of this other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS : (Space is provided below for additional signatures of added parties , other than those appearing on the cover page . ) CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal) Company: (Corporate Seat) Company: Signature: Signature : Name and Title : Name and Title: Address: Address : Page 2 of 2 A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON , CLERK BK, : 2079 PG : 1165 ACKNOWLEDGMENT OF PRINCIPAL (Corporation ) STATE OF : Minnesota COUNTY OF: On this day, August 30, 2006, before me personally come(s) Steven M. Johnson to me known, who, being by me duly sworn, deposes and says that he/she resides in the City of Brooklyn Park, MN , that he/she is the Secretary of the Ceres Environmental Services , Inc. , the corporation described in and which executed the foregoing instrument ; that he/she knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal ; that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order. >llivrVVY .. fwvvvVvz+ v�� M/VV�Nyyyyy�r T, �JA OARiE URBAN NO" 1 "I 'Pi 91 - MINNESOTA Notary Public WIY i , ' 9A•ASSION EXPIRES ,!AMIARY 31 , 2008 ACKNOWLEDGMENT OF SURETY STATE OF : Minnesota COUNTY OF : Ramsey On this day, August 30, 2006, before me personally come (s) Jack Cedarleaf II , to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or Attorney-In -Fact of the Safeco Insurance Company of America, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors ; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation . CHRISTINLbpiresjan SEN NOTARY PUBOTA 1' Y Comntissien , 2010 Notary Public A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON, CLERK BK : 2079 PG : 1166 • POWER OF ATTORNEY Safeco insurance Companies PO Box 34526 Seattle, WA 98124-1526 KNOW ALL BY THESE PRESENTS: No. 10279 That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint •'10 ""']ACK CEDARLEAF, I1; D. R. DOUGHERTY; CHRISTINE M. HANSEN; C. A. HOUSH; E. LANGE, KURT C. LUNDBLAD; St, Paul, Minnesota" * **$ $ * * Its true and lawful attomey(s)4rldact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued In the course of Rs business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as If such Instruments had been duly executed by Its regularly elected officers at Its home office. IN WITNESS WHEREOP, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 30th day of June 2005 STEPHANIE DALEY-WATSON , SECRETARY , MIKE PETERS, PRESIDENT, SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: 'Artide V. Section 13. - FIDELITY AND SURETY BONDS a*, the President, any Vloe President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer In charge of surely operations, shall each have authority to appoint Individuals as attorneys-Intact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company In the course of Its business.,. On any Instrument making or evidencing such appointment, the signatures may be affixed by facalm&e, On any Instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or In any other manner reproduced; provided , however, that the seal shall not be necessary to the validity of any such Instrument or undertaking' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1870. "On any cerilllcate executed by the Secretary or an assistant secretary of the Company setting out, V) The provisions of Article V, Section 13 of the By-Laws, and (II) A copy of the power-of-attorney appointment, executed pursuant thereto, and (11) Certlfying that said powerof-attomey appointment Is In full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be facsimile thereof.• Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby oerti y that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still In full force and effect, IN WITNESS WHEREOF, I have hereunto set my hand and affbred the facsimile seal of said corporation the 361r4 days 1YuAa51 c9_ 006 . STATE OF FLORIDA INDI �VN RIVER COUNTY THIS IS TO CERTIFY THATTHIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE, ,$ B � 6ARTON , CLERK L � u"_ �G/ Qfda►� l t � ca Zi BY = �' TA . DEP TY CLERK < > .1P °` SATE STEPHANIE OALEY WATSON, SECRETARY S•1900ISAEF 2�Ot „w Safeco and the Safeco logo aro registered trademarks of Safeco Corporation, WEB PDF EXHIBIT A INSURANCE REQUIREMENTS 1. 0 INSURANCE : 1 . 1 CONTRACTORS and SUBCONTRACTORS Insurance : The CONTRACTOR shall not commence work until he has obtained all the insurance required under this section , and until such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any SUBCONTRACTOR to commence work until the SUBCONTRACTOR has obtained the insurance required for a CONTRACTOR herein and such insurance has been approved unless the SUBCONTRACTOR's work is covered by the protections afforded by the CONTRACTOR's insurance . 1 .2 Worker ' s Compensation Insurance : The CONTRACTOR shall procure and maintain worker's compensation insurance to the extent required by law for all his employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the CONTRACTOR shall provide adequate coverage for the protection of such employees . 1 . 3 Public liability Insurance : The CONTRACTOR shall procure and shall maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below . The OWNER shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed. Commercial General $1, 000 , 000 combined liability single limit for (other than automobile) bodily injury and property damage A) Premises/Operations B) Independent Contractors C) Products/Completed Operations D) Personal Injury E) Contractual liability F) Explosion, collapses and underground property damage Commercial Automobile $1, 000 ,000 Combined and Damage liability single limit for Bodily Injury and Property Damage A) Owned/leased Automobiles B) Non-Owned Automobiles C) Hired Automobiles 1 . 4 Proof of Carriage of Insurance : The CONTRACTOR shall furnish the OWNER a certificate of insurance in a form acceptable to the OWNER for the insurance required . Such certificate or an endorsement provided by the CONTRACTOR must state that the OWNER will be given thirty (30) days written notice prior to cancellation or material change in coverage . Copies of an endorsement-naming OWNER as Additional Name Insured must accompany the Certificate of Insurance. END OF EXHIBIT A Page 26 of 26 JF. (Public Worksl Capital ProjectslHurricane ContractslHurricane Debris Removal Bid Document - Final. doc EXHIBIT B SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES A. The Contractor shall collect, remove, transport, and process disaster debris to the Indian River County Solid Waste Landfill at 1325 74th Avenue S . W . , Vero Beach, Florida 32968 or other Facilities or properties within Indian River County, as APPROVED OR directed by the County. B . Collection of debris shall include identification, assessment and removal of hazardous materials, hazardous wastes, bio-hazardous wastes , dead animals , and hazardous stumps . C . Collection and removal of debris shall include clearing limits of right-of-way. Trees located on private property that have fallen into the right-of-way shall be cut off at the right-of-way line and removed. D . Eligibility of stumps and hanging limbs must be determined on a case-by-case basis by a FEMA inspector. i I E . Trees and limbs in contact or close proximity to Utility lines , shall not be removed until the Utility Company has removed or relocated their facilities . I F . Processing of debris shall include the establishment and operation of multiple temporary debris- staging areas/processing- sites throughout Indian River County where collected debris may be sorted, recycled, ground, mulched, burned, or otherwise segregated for transport and disposal to the Indian River County Solid Waste Landfill or other approved disposal facilities . G. Eligibility of debris is determined by FEMA. Contractors do not have the authority to make eligibility determinations . Generally, disaster-related debris located on public property and in public rights-of-way is eligible for FEMA reimbursement. Eligible disaster debris may include downed trees and other woody debris ; sand, silt, mud and gravel ; building wreckage; and vehicles in the right-of-way. H . Debris on private property generally is not eligible for FEMA funding, but disaster-damaged personal property may be moved to the curbside to be picked up by an eligible Applicant . Debris from a commercial business or resulting from work performed by a private contractor, is not eligible and may not be moved to the curbside for pick up . G. Disposal of debris shall include any reduction, separation, or other processing of material needed for the further removal and disposal of debris . Contractor will recycle the resulting mulch at a State approved disposal site . i I j Page 27 of 27 F: (Public Worksl Capital ProjectslHurricane ContractslHurricane Debris Removal Bid Document - Final. doc H . The maintenance of traffic for this contract shall be in accordance with the applicable FDOT Standard Index numbers (600 Series) and the U . S . Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices and shall be followed in application, installation, maintenance and removal of all traffic control devices , warning signs , devices , and barriers necessary to protect the public and workmen on roads, and rights-of-way in Indian River County. Pedestrian and vehicular traffic shall be maintained and protected at all times . I. The Contractor shall insure that all vehicles , trucks, equipment, and trailers operating on Indian River County roadways and rights-of-way are in compliance with all Federal , State, and local rules , laws , and regulations . All vehicles , equipment, trucks, and trailers shall be properly licensed, insured, and equipped with lights, back-up alarms, horns , and any other safety equipment mandated by Federal, State, and local rules, laws, and regulations . Vehicles without proper safety equipment shall not work in the County. 1 J . The Contractor shall supply pre-numbered 5 part Debris Load Tickets to the County for the entire project . Each ticket will contain the following information : i • Ticket Number • Contractor Name • Truck Number • Loading Location • Field Inspector • Measured Truck Capacity • Date • Site Departure Time • Dump Site Location • Dump Site Arrival Time • Debris Classification (Vegetative, C&D , Mixed) • Estimated % Full and Debris Quantity K. The Contractor shall notify the County at least 3 days in advance of any unusual "ramping up" of work forces . L . No home made trailers with plywood extensions will be permitted . Trailers towed behind trucks must be able to mechanically dump on their own with no assistance from equipment at the dumping site . M . The Contractor shall only utilize mechanical loading equipment with grapple or clamshell type devices for loading debris . Hand loading will be prohibited. N. All transport hauling equipment shall be single axle, tandem wheel, or semi-trailer trucks that are designed by the manufacturer for the intended purpose . No plywood extended sides will be permitted. ! Steel side extensions that have steel reinforced vertical supports are allowed . i Page 28 of 28 i F. IPublic Worksl Capital ProjectsWurricane ContractslHurricane Debris Removal Bid Document - Final. doc O . All transport hauling equipment shall be equipped with tailgates that extend upward minimally to the height of the sides of the box . P . All loaded trucks and trailers shall be tarped or covered during transport . Q . The Contractor shall meet minimum production demands established by the County and begin debris removal phasing (c & d removal and mulch reduction and hauling) within three days of the County' s request. R. All collection activities shall be directed in a logical, sequential manner, approved by the County, with no materials skipped over or left behind. S . The Contractor shall assure that all subcontractors have English speaking supervisors or representatives available in the field at all times during the contract period . i T . The Contractor shall repair immediately upon request any damage caused by the debris removal operation that is deemed a public safety issue, including, but not limited to , asphalt, sidewalks, culvert pipes , swales , driveways , and/or any public or private property. U. If it is determined to be in the best interest of Indian River County to use County owned properties for the debris-staging areas/processing-sites , the Contractor shall credit the County $ 1 . 00 per cubic yard for the total cubic yards collected for the use of the property. V . The Contractor shall provide the following facilities at each debris- staging area/processing- site, regardless of who provides the site (Contractor or County) : 1 . Each processing site shall have a roofed inspection tower erected upon it sufficient to support a minimum of three inspectors, and built to a height to allow a clear view down into a loaded truck. Mechanical lifts are discouraged. 2 . Each processing site shall have a temporary roofed shelter or canopy erected for the comfort of support staff and personnel from weather conditions . 3 . Each processing site shall have at least two portable sanitary units (porta-potties) that are clean and regularly maintained throughout the contracteriod . The Contractor shall keep an adequate i p p q supply of toilet paper in each unit. 4 . The Contractor shall provide stabilized ingress and egress to each debris-processing site and shall maintain such access throughout the contract period . W. All loads brought to a temporary debris -processing site shall be inspected and recorded by the I, Contractor and the County. X. The Contractor shall reclaim the site upon completion of the processing activities to include at a minimum removal of all equipment and debris, grading of the site to historical condition, and seeding and mulching of the exposed areas . Page 29 of 29 F. IPublic Worksl Capital ProjectslHurricane ContractslHurricane Debris Removal Bid Document - Final. doc Compliance of Federal, State, and Local Laws , Rules, and Regulations All processing activities shall be conducted in compliance with all federal, state, and local laws , rules , and regulations . i) The Contractor shall be responsible for obtaining and paying for all permits needed to construct, operate, maintain, close, and reclaim the debris processing sites . ii) The Contractor shall be responsible for any environmental sampling required at the debris staging area. Normally areas used to stage vegetative debris do not require any environmental sampling . Areas used to stage mixed debris , or ash from burning mixed debris, will normally require environmental sampling to close the site after the debris or ash is removed . It would also be advisable to sample the area prior to staging any mixed debris to identify any existing contamination at the site . iii) The Contractor shall maintain the site in accordance with all local, state, and federal laws, rules , and regulations including at a minimum erosion control , storm water management, and fire control . iv) The Contractor shall not be responsible for C &D disposal fees at the County landfill . V) The Contractor shall provide and pay for all the necessary labor, tools, and equipment to execute the work described in this Scope of Services . Contractor Assistance and Cooperation 1 . The Contractor shall provide the County any assistance, in its capacity, to the FEMA reimbursement efforts . • The Contractor shall provide all records, including, but not limited to , truck and trailer registrations, disposal tickets , debris-dumping site logs, area maps , and other data sufficient to provide substantiation for FEMA and State reimbursement applications . j • The Contractor shall assist the County in responding to federal and state agencies request for additional information and/or auditing as directed by the County. i 2 . The Contractor shall conduct the Debris Removal and Disposal Contract in strict accordance with guidelines set forth in this contract document . j END OF EXHIBIT B Page 30 of 30 F. IPublic Worksl Capital ProjectslHurricane ContractslHurricane Debris Removal Bid Document - Final. doc 1 SERVICES, INC. EmeMen�gement Environmental Consulting 0 Demolition & Recucling 0 Wood Waste Reduction 1613 Foxworth Road. Bonifay, FL 32425 Toll Free : (800) 218-4424 ext 103 Phone: 850-547-3264 Indian River County Division of Purchasing 1840 25"' Street Vero Beach, FL 32960 RFP # 7076 Indian River County Disaster Debris Removal and Disposal Contract 13 July 05 I Dear Sir: We are pleased to submit this offer for your consideration. Ceres Environmental Services, Inc . , (Ceres) has prepared this Letter of Interest and Statement of Qualifications and Experience for Indian River County, FL in response to the Request for Proposal relating to the Emergency Debris Management and Removal Services . Ceres seeks to provide the above stated services to the County. Our accomplishments and qualifications include: • Exemplary Performance on over 115 million dollars of Emergency Debris Management contracts awarded by various government agencies within the past seven (7) years. Founded in 1977, Ceres has provided emergency management for over 25 years to the United States Government and various states, counties and municipalities throughout the U. S . and its possessions overseas. • Selected by the Department of the Navy, Southwest Division, for a Multiple Year MAC Contract, for which Ceres was recognized by a participating activity as one of their finest contractors. The range of our services included Demolition, Minor Construction, Sitework, Utilities, and Architecture and Engineering, • Effective management of U.S . Army Corps of Engineers Emergency Response Right of Entry Task Order Based Contracts in excess of 18,000 ROEs. Collected 510,000 CYs of Ice Storm Debris for the City of Kansas City, MO in 16 Days in March 2002. • Professional staff experienced in all facets of Emergency Response including Demolition, Debris Management, Debris Reduction and Disposal Operations, Quality Control and Project Management. Ceres maintains a full-time staff of 47 Licensed Professional Engineers, Project Managers, U. S .A.C .E, Certified Quality Control Managers, Sales and Marketing Personnel, Logistics Managers, ISA Certified Arborists, and Finance and Accounting Managers. Our staff is dispersed throughout our offices in Stuart, FL, Bonifay, FL, Houston, TX, and Minneapolis, MN. Upon issuance of a NTP all project Key Personnel identified in this proposal will mobilize to the temporary project office in Orlando, FL . • Ceres bonded U.S .A.C.E. Emergency Response Contracts in FL totaling 52 Million Dollars for 2004 . • Recipient of the MN Governor' s Certificate of Commendation for Tree Waste Recycling. • Ceres currently staffs an office and equipment maintenance facility, home to a significant amount of its heavy equipment, in Bonifay, FL. In addition we have an office in Ft. Pierce, FL. Beginning June, 2005 , Ceres plans to operate a new 20,000 SF equipment maintenance facility at the Bonifay location. Event mobilization and performance would occur within the contract requirements. Florida 0 Minnesota 0 Texas 0 California 0 Puerto Rico • Florida Certified General Contractor (QB 39234). • Florida Certificate of Authority (F96000003145 ). • No Regulatory or License Agency Sanctions have been imposed on Ceres Environmental Services, Inc. or any of its principals . • Federal Employer Identification Number 414816075 . • Ceres Contracting was founded in 1977 . Ceres Environmental Services, Inc. was incorporated in the State of MN 31 JUL 1995 . Ceres Environmental Services, Inc . has never defaulted on a contract or failed to complete any work awarded. • Ceres Environmental Services, Inc. is solely owned by the President, David McIntyre. This proposal is made without collusion with any other with any other person or entity submitting a proposal. • Ceres Environmental Services, Inc. Principals- David McIntyre, President; John Ulschmid, Vice President; Steven M . Johnson, Secretary. David McIntyre has signatory authority for the corporation. It is Ceres ' practice to utilize qualified local small, woman-owned, and minority business enterprises to the maximum extent practicable in full compliance with 44 CFR 206 . 10 . Sincerely, I / David McIntyre President i ! Encl. 3 Certificate of Good Standing, State of FL Occupational License, Current Commitments 1 Florida 0 Minnesota 0 Texas 0 California 0 Puerto Rico i State of Florida Department of State I certify from, the records of this office that CERES ENVIRONMENTAL SERVICES , INC . is a corporation organized under the laves of Minnesota, authorized to transact business in the State of Florida, qualified on. June I9, 1996.. The document number of this corporation is F96000003145 . I further certify that said corporation has paid. all fees due this office through December 31 , 2005 , that its most recent annual report was filed on January 28 , 2005 , and its status is active- ; I further certify that said corporation has not filed a Certificate of Withdrawal . Given under my Mand and the Great Seal of Florida, at Tallahassee, the Capitat, this the SWeem* day of N, ar4*, 24705 .Secretary o,f'&we �i . ' 'tjr "` . . AnChzaacticw YEt 3ibDQi84289t13-A31''.d8f_t-F46860963t;5 ToZuthmticawlkseerafic.1wttieittkrtcalcminssit&, eetcrihis LU_ �=d thm follow the inmuct utts disPfxted. 1Yww.sunbi7.Orgtaalh ittnA 1 I STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ( 850 ) 487 - 1395 awe .�,es • 1940 NORTH MONROE STREET TALLAHASSEE FL 32399 - 0783 i I I CERES ENVIRONMENTAL SERVICES INC 3825 85TH AVENUE NORTH BROOKLYN PARK MN 55443 i STATE OF FLORIDA - Au 19 419 39_ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION QB39234 03 / 25 / 05 838770793 QUALIFIED BUSINESS ORGANIZATION CERES ENVIRONMENTAL SERVICES INC (NOT A LICENSE TO PERFORM WORK . ` ALLOWS COMPANY TO. ` DO , BUSINESS IF IT HAS A LICENSEDQUALIFIER . ) IS QUALIFIED waderthe provisions Iof ChAR9 rs. n@iritim deter AUG . 31 , 2005 '- L0303@500103 I DETACH HERE AC# 1941939 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD , SEW L05032500103 . ' e = = LICENSE NBR 03 / 25 / 2005 838770793 QB39234 The BUSINESS ORGANIZATION Named below , IS QUALIFIED Under the provisions of Chapter - 489 FS . Expiration. date : . AUG 31 ; 2005 (TRIS IS NOT A LICENSE TO PERFORM WORK . THIS ALLOWS COMPANY TO DO BUSINESS ONLY IF IT HAS - A QUALIFIER . ) CERES ENVIRONMENTAL SERVICES INC 3825 ' 85TH` AVENUE NORTH " BROOKLYN PARK MN 55443 JEB BUSH DIANE CARR GOVERNOR DISPLAY AS REQUIRED BY LAN SECRETARY I CERES ENVIRONMENTAL SERVICES, INC Indian River County Debris Removal and Disposal Current Commitments 13 July 2005 Ceres Environmental Services , Inc . currently has seven (7) Debris Removal and Disposal contracts in place . • Southeast Public Service Authority of VA ( SPSA) Contact # 3022-03 Hurricane Disaster - 1 March 03 through 2008 , One ( 1 ) of Three (3) contractors selected ; • U . S . Army Corps of Engineers New Orleans District Debris Removal , Site Management, Debris Reduction for Region 2D the U . S . Virgin Islands - 1 December 2002 through 2006 ; Contracting Officer • Palm Beach County School District Debris Ciean-up/Removal Services Bid - 19 May 2005 through 18 May 2007 ; • Volusia County School District — 29 Jun 05 through 30 April 2006 • City of Casselberry , FL Debris Removal and Debris Reduction & Site Management Services 7 July 2005 through 4 July 2008 , One ( 1 ) of Three (3) Contractors selected ; • City of Jacksonville , FL Disaster Debris Removal Services 1 July 2005 through 30 June 2006 , One ( 1 ) of Two (2) Contractors selected ; J . Gunder, . Purchasing Specialist • Town of Jupiter Island , Disaster Debris Removal Services Appx. 1 Jun 2005 to 29 May 2005 . Ceres Environmental Services , Inc . will notify Indian River County , FL , for the duration of the contract , as the above stated information changes . j i i I i f , CERES ENVIRONMENTAL SERVICES , INC . -Indian River County Debris Removal and Disposal Corporate Qualifications 13 July 2005 STATEMENT OF QUALIFICATIONS All three company officers at Ceres have extensive individual emergency response experience of 28 , 18 and 22 years . Ceres' has a professional staff of over forty individuals holding degrees in : Business Administration , Civil Engineering , Forestry, ❖ RESOURCES Geology, Science and Accounting . As part of the Ceres Environmental is a licensed Florida general Company's dedication to quality and safety, over contractor and a government contracting firm that half of Ceres' management staff are U . S . Army has been in business since 1977 and has Corps of Engineers certified in Construction Quality, completed over $ 115 million in disaster recovery are Red Cross certified in first aid and have work during the past seven years. Ceres also completed OSHA's 40 hour safety training course. provides demolition , construction and environmental services for a variety of During the 2004 Florida Hurricane season , Ceres governmental agencies. Ceres has been awarded received high evaluations from the Corps of and successfully performed contracts in nearly Engineers and Palm Beach County for its recovery every State of the Union . Our geographic areas of work. Here, Ceres' management staff demonstrated operations have ranged from Greenland to Puerto its ability, by simultaneously managing operations in i Rico and Hawaii to Ascension Island . nineteen Florida counties for its $50+ million work in temporary roof repairs known as "Operation Blue Our mission is to satisfy our customers while Roof" (which included over 4000 roofs in Martin performing specialty heavy construction tasks for County) while concurrently hauling and reducing governmental units while meeting high standards of over 600 , 000 cubic yards of debris. ethics , safety and honesty. We take pride in doing excellent work, and we are eager to fill a specialty Another demonstration of Ceres' management role for our client governmental agencies when they ability is its performance on Hurricane Georges encounter a situation outside their normal scope of recovery work for the Corps of Engineers in Puerto operations . We have filled those types of roles for Rico . Here, Ceres management successfully 28 years and have never defaulted on a contract operated seventeen temporary reduction sites over while generating a long list of customers who an area of 3000 square miles across the island of commend Ceres, one of whom stated that Ceres Puerto Rico and reduced , processed and sorted was " perhaps the finest contractor I have worked over 2 . 3 million cubic yards debris while with . . . . " (see past performance section ) . simultaneously hauling and disposing of 1 million cubic yards of debris (& processed material) , and Ceres has offices in Brooklyn Park, MN ; Houston , installing approximately 3 , 000 temporary roof TX; Perris, CA; Lajas, Puerto Rico; a satellite office repairs . For this work Ceres employed over 1400 in Fort Pierce, FL; and an equipment maintenance local employees. facility in Bonifay, FL . ❖ Finances and Accounting The core competencies Ceres commits to the Ceres has bonded $53 million on Operation Blue performance of this contract include: Roof in 2004 , and can finance performance of a multi-million dollar project. Ceres has $ 17 . 5 million ❖ Management dollars in liquid working capital with additional credit ❖ Finances and Accounting lines available as needed . Ceres has provided ❖ Equipment $ 10, 000, 000 in financing for up to 6 months on a ❖ Subcontractors previous emergency response project. Our ❖ Experience accounting staff has the proven ability of using ❖ Management custom software , to processes over 5000 truck load tickets daily and assist with preparing FEMA reimbursement reports. Ceres is very strong ( financially and will not be hampered by lack of l Page 1 The information (data) contained in this proposal or quotation constitutes a trade secret and/or information that is commercial or financial and confidential with the understanding that is will not, without permission of the offeror, be used or disclosed other than for evaluation purposes; provided, however, that in the event of contract is awarded on this proposal or quotation the Government shall have the right to use and disclose this information (data) to the extent provided in the contract. This restriction does not limit the Government's right to use or disclose this information (data) if obtained from another source without j restriction. • — • • • • • — • • • ' S ��` _ fix- � � rssy.'6�, }"t5�f�aq� ,- _. \ i . ys 1 . • • • • — — — • - ----------- we -- __ • • • - • - • - 1 I • • • - - • - • • • - • • • - • • • _ - • • _ - • • • - i CERES ENVIRONMENTAL SERVICES, INC . Indian River County Debris Removal and Disposal Corporate Qualifications 13 July 2005 ❖ QUALITIES AND ATTRIBUTES crews within 48 hours of contract award . Ceres procured and mobilized the equipment from a The competencies listed above provide Ceres with Michigan manufacturer, staffed the project with decided advantage in the industry-The ability to over 100 personnel , and met the U . S . Army Corps perform regardless of the size or scope of the of Engineers 48 hour deadline . The Client's event. Our clients have benefited from our performance requirements were met or exceeded abilities , throughout the contract, and subsequently all the contract extension options available were utilized . ❖ Reliability ❖ Responsiveness ❖ Respected ❖ Capable ❖ Safe ❖ FEMA Knowledgeable ❖ Client Satisfaction — Orientated ❖ Reliability Ceres was selected in 1997 by the United States Air Force for a critical demolition project at Thule Air Base , Greenland , located 700 miles from the North Pole . An emergency mobilization was required that included air transportation of a 70 , 000 pound piece of owned specialized demolition equipment. The situation in Greenland was unusual and dangerous in that it required the demolition of a very large severely damaged structure that was adjacent to Ceres mobilizes very quickly. We can meet all i occupied buildings and a critical Northern requirements of your request for proposal , and from Hemisphere Early Warning Airspace monitoring our satellite offices in Fort Pierce and Bonifay, station . An additional complication was the late time Florida we can have Disaster Recovery Team of year (October) , danger of severe storms with representation available in less than four hours. winds exiting off the Greenland glacier in speeds up We expect our local "teaming partners" to have to of 200 mph , limited daylight and severe cold . The equipment onsite in less than twelve hours, and our ,I structure was safely demolished , without incident or equipment from Bonifay, FL will be onsite within 24 damage to the adjacent facilities. Ceres was given hours an outstanding rating for its performance. ❖ Respected ❖ Responsiveness National magazines, including Biocvcle and Wood Over time, Ceres has developed and refined its Waste Recycling, have featured Ceres' urban wood ability for rapid response mobilizations. Our 'Quick waste recycling efforts and emergency debris to the Task' abilities will provide you with the management services. Ceres was also the honored required response. In Kansas City, MO over 200 recipient of the Minnesota Governor's Certificate of trucks were hauling within 72 hours of contract Commendation in 1995 for their innovation in the award ; in Florida's operation blue roof, Ceres had flee recycling industry. over 180 roofers installing temporary roofs within 72 Capable hours of contract award . In 1993 , during Hurricane •'• Andrew recovery operations, the U . S . Army Corps Ceres is staffed by experts in debris management, of Engineers tasked Ceres to provide 25 new who are professional , trained individuals. chippers , along with 25 trucks and associated Collectively Ceres has over one hundred years of disaster recovery experience. Several professional Page 3 The information (data) contained in this proposal or quotation constitutes a trade secret and/or information that is commercial or financial and confidential with the understanding that is will not, without permission of the offeror, be used or disclosed other than for evaluation purposes; provided, however, that in the event of contract is awarded on this proposal or quotation the Government shall have the right to use and disclose this information (data) to the extent provided in the contract This restriction does not limit the GovemmenYs right to use or disclose this information (data) if obtained from another source without restriction. CERES ENVIRONMENTAL SERVICES, INC . Indian River County Debris Removal and Disposal Corporate Qualifications 13 July 2005 r- engineers are on staff, as well as emergency received by a client concerning over 450 individual response managers with professional business trucks that hauled over 16 , 000 loads of debris. A training . Additional certifications of training are post-disaster reimbursement staff, all of which were held by many Ceres employees . The U . S . Army personally involved in the debris management Corps of Engineers when it selected Ceres as an project two years earlier, provided assistance, Advance Contract Initiative Disaster Debris truck-load certification and monitoring Management Contractor, evaluated numerous documentation to the client. The FEMA funding offerors on their project management capabilities reimbursement was then fully obligated . and experience . Fundamental to pre-event debris management planning is documentation control in support of ❖ Safe reimbursement administration and attention to Safety first. We take the health and safety of detail , coordination , and quality control are key. everyone in the disaster zone as a personal concern . Our employees are there with you and your citizens, and we make special care to minimize ❖ Client Satisfaction-Oriented the risk of injury, not only to our workers, but also to Ceres is in business to serve governmental citizens in the field of operations . This is done agencies . We recognize that providing customer through repeated , thorough training , constant satisfaction is critical to our success . The long list inspection of field operations , and the use of proper of satisfied customers and the commendation equipment. Knuckleboom operators and flag letters and/or evaluations quoted below speak for persons are reminded during weekly "tailgate safety themselves. meetings" to consider pedestrians and citizen motorists during cleanup activities . Supervisors are City of Atlanta, Texas reminded to use cell phones properly and to drive "The City of Atlanta was very pleased with service safely. During all of Ceres' 2004 disaster recovery that we received from your company. The work was operations across nineteen Florida counties, with done very efficiently and completed ahead of over 1 , 000 workers in the field , no lost time injuries schedule. l would highly recommend your company occurred on any of our projects. to others in need of your services. " Mike Ahrens, v* FEMA Knowledgeable City Manager. Since 1992 , all of our disaster recovery contracts Department of the Nary, Naval Facilities have depended on FEMA for funding . Engineering Command, EI Centro CA, Guidance and support is crucial throughout the "Perhaps the finest contractor we 've worked with. " recovery process especially due to the increasingly This quote was taken from the official Navy project more common FEMA post-disaster reimbursement performance evaluation of Ceres. audit. A professional debris management staff with a long tenure, and specialized training in FEMA Town of Windsor, VA debris management, documentation , quality control "While many out of state contractors used this and reimbursement allow clients to focus and opportunity to take advantage of the situation, your concentrate their resources on the most pressing organization rose above the rest with superior issues. customer service. . . " James A. Randolph , Asst. to the Town Manager. Ceres has assisted numerous clients during the post-disaster reimbursement application process , Town of Smithfield, VA and has never, due to any of Ceres' policies and "This letter is to strongly recommend Ceres procedures, had a client receive less than the full Environmental Services, Inc as a government amount of reimbursement requested or to which the contractor" William T. Hopkins, Director of were entitled . Recently, in a post-disaster audit, Planning , Engineering and Public Works . FEMA had requested truck certification documentation in order to verify reimbursements County of Isle of Wight, VA Page 4 The information (data) contained in this proposal or quotation constitutes a trade secret and/or information that is commercial or financial and confidential with the understanding that is will not, without permission of the offeror, be used or disclosed other than for evaluation purposes; provided, however, that in the event of contract is awarded on this proposal or quotation the Government shall have the right to use and disclose this information (data) to the extent provided in the contract. This restriction does not limit the Governments right to use or disclose this information (data) if obtained from another source without i restriction. BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960-3365 �� 00 G Telephone : 772-567-8000 ,�'?4 � FAX: 772-778-9391 August 28 , 2006oR�p+ VIA OVERNIGHT DELIVERY Steve Johnson , Business Manager Ceres Environmental Services , Inc. 3825 85th Avenue North Brookland Park , MN 55443 NOTICE OF AWARD Reference : Indian River County Bid # 7076 , Hurricane Debris Removal and Disposal Contract Dear Mr. Johnson : On August 23 , 2005 , the Board of County Commissioners awarded your company a secondary contract for the above referenced project, in the event that the primary contractor fails to meet their contractual obligations . On October 11 , 2005 , a Notice of Award with 2 copies of the Contract Documents were sent to you . Due to the aftermath of Hurricane Wilma , this contract was never executed . We would like to go forward with the execution of this contract at this time . The following documents are required before a " Notice to Proceed " letter can be issued . 1 . Performance Bond in the amount of 125% of the contract amount . ($ 1 , 250 , 000 . 00 ) 2 . Payment Bond in the amount of 100% of the contract amount. ($ 1 , 000 , 000 . 00 ) 3 . Certificate of Insurance , must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation . 4 . Agreement , execute the enclosed two (2) copies . In accordance with section 255 . 05 ( 1 ) (a) , Florida Statutes , you are required to execute a Performance Bond and a Payment Bond for the above referenced project . Please submit the Bonds and the Certificate of Insurance to this office at the address provided below as soon as possible . Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award . Enclosed is a copy of the Bid Packet that we received from you last year. Also enclosed are two copies of the Agreement. Please execute both copies and return them together with the required bonds and Certificate of Insurance to : Indian River County, Purchasing Department , 1840 25th Street, Vero Beach , FL 32960 . A statement regarding the required contract provisions for Federal -Aid contracts has been added to Page 19 of 30 of the Contract Documents . An additional copy of this page is enclosed . Please review this statement and initial Page 19 of 30 before executing the contract and return this page along with the signed Agreement. F :\Pubiic Works\Hurricane information 2006\Bid Award Ceres Aug 28 2006.doc NOWMIL Page Two Notice of Award August 28 , 2006 We will return a fully executed copy of the contract documents to you . Thank you for your prompt attention and if you have any questions , please do not hesitate to contact me at (772 ) 226- 1245 . Sincerely , AJ q 11 14 James W . Davis , P . E . , ; . . Public Works Director JWD/Im Enclosures : Copy of Ceres Environmental Services , Inc. Bid Copy of the original Notice of Award Two copies of the Agreement pages with Bid Tabulation (to be returned ) Page 19 of 30 (to be returned ) cc : Jerry Davis , Purchasing Manager John King , Emergency Services Director F :\Public Works\Hu ricane Information 2006\Bid Award Ceres Aug 28 2006.doc �� 1tIVER C' 4 Z y j �r.► �LORI�� INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT 1840 25th Street — Vero Beach, Florida 32960 TELEPHONE : ( 772 ) 567 - 8000 FAX : (772) 778 - 1806 NOTICE OF AWARD October 11 , 2005 Ceres Environmental Services , Inc . 1 13 r.-xworth Road Bonify, F132425 Attention : John Ulschmid Project : Hurricane Debris Removal & Disposal Contract Indian River County, Florida % r Date of Bid Opening : Wednesday, July 13 , 2005 This is your Notice of Award for the Project noted above . You are hereby notified that your bid has been accepted as a secondary contract in the event that the primary contractor fails to meet their contractual obligations . Based on the evaluation of qualifications, mobilization plan, equipment list, references and comparison of bids , Omni-Pinnacle, LLC was awarded the primary contract . Ceres Environmental Services , Inc . was awarded a secondary contract in the event that the primary contractor fails to meet their contractual obligations . Enclosed are two copies of the Contract Documents . A statement _regarding the required contract provisions for Federal-Aid contracts has been added to Page 19 of 30 of the Contract Documents . Please review this statement and initial Page 19 of 30 before executing the contract . Executing the contract will indicate that Omni Pinnacle, LLC is in Agreement with the addition of the statement regarding wage rates and Equal Employment Opportunity. Please execute the Agreement and return both copies of the Contract Documents to my attention at the above address . The contract is binding for a period of twenty- four months from the Contract Date . The County may extend the term of the Contract for up to three (3 ) additic gal terms of twelve ( 12) months each on the same terms and conditions , tawUpon receipt of a Notice to Proceed, please take the following actions : 1 ) Have your bonding company complete Performance Bond ( 125 % of total bid price) and Payment Bond ( 100 % of total bid price) with attached notarized Acknowledgement of Authorized Representative . F :\Public Works\Capital Projects\HmTicane Contracts\Notice of Award Ceres Environmental .doc PAGE TWO Notice of Award October 11 , 2005 2) Record Performance and Payment Bonds with the Public Records Section of the Indian River County Courthouse, located at 2000 16th Avenue, Vero Beach, Florida 32960 . The recorded bonds shall be forwarded to the Indian River County Purchasing Division, 3 ) Have your insurance company complete Certificates of Insurance and attach Acknowledgment of Authorized Representative . We will return a fully executed copy of the contract documents to you . Sincerely, Terry B . L , P . E . Capital Projects Manager TBT/tja CC : James W. Davis, P .E . , Public Works Director Jerry Davis, Purchasing Manager John King, Emergency Services Director %W F :\Public Works\Capital Projects\Hurricane Contracts\Notice of Award Ceres Environmental .doc