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Ashbritt, Inc. - 2015-12-21
INDEMNIFICATION SUPPLEMENT This Indemnification Supplement ("Agreement") is entered into this Z l sr day of beceo%Se r , 2015, by and between Ashbntt, Inc, a Flonda corporation ("Contractor"), and Huntington Beach, CA ("City"). WHEREAS, on November 23, 2010, the County of Orange Board of Supervisors ("County") approved a usage contract with Contractor to provide Disaster -Related Debris Management and Recovery Services (the "Prime Contract"), and WHEREAS, the Prune Contract includes cooperative agreement language, which extends the provisions and pricing of the Prime Contract to other Orange County local governmental entities and special districts, and WHEREAS, the Prime Contract requires local governmental entities wishing to use the Prune Contract to be responsible for issuing their own purchase documents, providing for own acceptance, and making any subsequent payments, WHEREAS, the Prune Contract requires Contractor to include in any contract entered into with another agency or entity as an extension of the Prime Contract, a contract clause that will hold harmless the County of Orange from all claims, demands, actions or causes of actions of every kind resulting directly or indirectly, ansing out of, or in any way connected with the use of the Prune Contract; and NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by all parties, and in consideration of the mutual covenants and agreements hereinafter set forth, Contractor, and City agree as follows: The County shall be a third -party beneficiary to this Prime Contract with respect to defense and indemnity obligations Contractor agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County's Board of Supervisors acts as the governing Board ("County Indemmtees") harmless from any claims, demands or liability of any kind or nature, mcluding but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Contractor pursuant to the Contract with City If judgment is entered against Contractor and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemmtees, Contractor and County agree that liability will be apportioned as determined by the court Neither party shall request a jury apportionment The County shall be a third -party beneficiary to this Prime Contract with respect to defense and indemnity obligations City agrees to indemmfy, defend with counsel approved in writing by County, and hold County Indemmtees harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, ansing from or related to the performance of City pursuant to the Prime Contract with Contractor If judgment is entered against City and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemrutees, City and County agree that liability will be apportioned as determined by the court Neither party shall request a jury apportionment. IN WITNESS WIEREOF, the parties have executed this Agreement as of the date first written above INC. By: r-, Its: CITY'OF By '6 Ak,K:N S Its �r,e rqV� -# F- APPROVED AS TO FORM By ;�,chael Gates, City Attorney ry,,,� 1�J11r County of Orange, OC Public Works Contract MA-086-11010203 AshBrut, Inc. CONTRACT MA-080-11010203 BETWEEN THE COUNTY OF ORANGE AND ASHBRITT, INC. FOR DISASTER -RELATED DEBRIS MANAGEMENT AND RECOVERY SERVICES THIS Contract Number MA-080-11010203 for Disaster -Related Debris Management and Recovery Services (hereinafter referred to as "Contract") is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California, (hereinafter referred to as "County") and AshBritt, Inc, with a place -of business at 480 South Andrews Ave, Ste 103, Pompano Beach, FL, 33069 (hereinafter referred to as "Contractor") County and Contractor are sometimes individually referred to as a "Party", or collectively referred to as Parties" RECITALS WHEREAS, it is the desire of the County to obtain ProfessionalServices for Disaster -Related Debris Management and Recovery Services ("Program") under this usage contract for services with Contractor to be reimbursed for certain costs and expenses using a mutually agreed upon formula, and, WHEREAS, Contractor responded to the County -issued Request for Proposals ("RFP") solicitation offering the complete scope of products and services as requested in the solicitation, and Contractor has represented that its proposed products and services shall meet or exceed the County's requirements and specifications as set forth herein with highly qualified and experienced personnel dedicated to provide said services to the County, and. WHEREAS, Contractor agrees to provide Professional Services for the Program as more specifically described in the Scope of Work, attached hereto as Attachment A, and incorporated herein, and, WHEREAS, County agrees Contractor recovers compensation through the program as further set forth in Contractor's Pricing, attached hereto as Attachment B, and incorporated herein, and, WHEREAS, upon commencement and completion of all services as set forth herein and agreed to by the Parties, Contractor shall assume all responsibilities and obligations inherent with providing Program Services, NOW, TPEREFORE, the Parties mutually agree as follows ARTICLES 1 Scope of Contract: This Contract specifies the contractual terms and conditions by which the Contractor will provide Professional Services for Program under an usage contract for services with Contractor to be reimbursed for certain costs and expenses using a mutually agreed upon formula, inclusive of. but not limited to, the requirements set forth in the Scope of Work in compliance with CalEMA/FEMA requirements, Attachment A to this Contract Term of Contract: The initial term of this Contract shall become effective upon execution of all necessary signatures or upon the approval of the Orange County Board of Supervisors, whichever occurs later, and shall continue for three (3) years from that date, unless otherwise terminated by 591884 Page 1 of 75 County of Orange, OCPublic Works Contract M,4-080-II0I0203 AshBrnt, Inc County This Contract may be renewed upon expiration of the initial term for two (2) additional one- year periods, upon mutual agreement of both Parties The County is not obligated to give a reason if it elects not to renew Renewal amendments may require County Board of Supervisors approval Cooperative Agreement: The provisions and pricing of this Contract will be extended to other Orange County local governmental entities and special districts Local governmental entities and special districts wishing to use this Contract will be responsible for issuing their own purchase documents/price agreements, providing for their own acceptance, and making any subsequent payments Contractor shall be required to include in any contract entered into with another agency or entity that is entered into as an extension of this Contract a contract clause that will hold harmless the County of Orange from all claims, demands, actions or causes of actions of every kind resulting directly or indirectly, ansing out of, or in any way connected with the use of this Contract Failure to do so will be considered a material breach of this Contract and grounds for immediate Contract termination The cooperative entities are responsible for obtaining all certificates of insurance and bonds required The Contractor is responsible for providing each cooperative entity a copy of the Contract upon request by the cooperative entity The County of Orange makes no guarantee of usage by other users of this Contract The Contractor shall be required to maintain a list of the cooperative entities using this Contract The list shall report dollar volumes spent annually and shall be provided on an annual basis to the County, at the County's request 4 Precedence: The executed Contract will consist of this Contract and all attachments In the event of a conflict between or among the Contract documents, the order of precedence shall be the provisions of the main bodv of this Contract. i e , those provisions set forth in the recitals and articles of this Contract, and then the attachments 5 Contractor's Project Manager and Key Personnel: Contractor shall appoint a Project Manager, as specified in Article 21, "Notices," to direct the Contractor's efforts in fulfilling Contractor's obligations under this Contract This Project Manager shall be subject to acceptance by the County and shall not be changed without the written consent of the County's Project Manager, which consent shall not be unreasonably withheld I Contractor's Project Manager and key personnel shall be assigned to this project for the duration of this Contract and shall diligently pursue all work and services to meet the project time lines Key personnel are those individuals who report directly to the Contractor's Project Manager 6 County's Project Manager: County shall appoint a Project Manager, as specified in Article 21, "Notices", to act as liaison between the County and the Contractor during the term of this Contract The County's Project Manager shall provide oversight of Contractor's performance and coordinate the activities of the County staff assigned to work with the Contractor County's Project Manager shall have the right to require the removal and replacement of the Contractor's Project Manager and key personnel The County's Project Manager shall notify the Contractor in writing of such action The Contractor shall accomplish the removal within 14 calendar days after written notice by the County s Project Manager The County's Project Manager shall review and accept the appointment of the replacement for the Contractor's Project Manager and key personnel Said acceptance shall not be unreasonably withheld 7 Reports/Meetings: The Contractor shall develop reports and any other relevant documents necessary to complete the services and requirements as set forth in this Contract The County's Project Manager and the Contractor's Project Manager will meet at a County designated location to discuss the 591884 Page 2 of 75 County of Orange, OCPublie Works AshBrut, Inc. Contract lkL4-080-11010203 Contractor's performance and progress under this Contract, as directed or requested by the County's Project Manager If directed by County, the Contractor's Project Manager and other project personnel shall attend all meetings The Contractor shall provide such information that is directed by the County for the purpose of monitoring progress under this Contract Conflict of Interest. The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the County This obligation shall apply to the Contractor, the Contractor's employees, agents, and relatives, sub -tier Contractors, and third parties associated with accomplishing work and services hereunder The Contractor's efforts shall include, but not be limited to establishing precautions to prevent its employees or agents from making, receiving, providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to appear to influence individuals to act contrary to the best interests of the County Ownership of Documents. The County has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor All documents, reports and other incidental or derivative work or materials famished hereunder shall become, and remain, the sole property of the County and may be used by the County as it may require without additional cost to the County None of the documents, reports and other incidental or derivative work or famished materials shall be used by the Contractor without the express written consent of the County a Ownership Rights. The originals of all artwork and other products and data produced for County Program under this Contract shall be delivered to, and become the property of the County Copies may be made for Contractor's records, but shall not be famished to others without wntten authorization from the County Such deliverables shall become the sole property of the County and all rights in copyright therein shall be retained by the County 10 Title to Data: All materials, documents, data or information obtained from the County data files or any medium furnished to the Contractor in the performance of this Contract will at all times remain the property of the County Such data or information may not be used or copied for direct or indirect use by the Contractor after completion or termination of this Contract without the express written consent of the County All materials, documents, data or information, including copies, must be returned to the County at the end of this Contract 11 Breach of Contract- The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract Afford the Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach, Discontinue payment to the Contractor for and during the period in which the Contractor is in breach and offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above Terminate the Contract immediately without penalty 12 Contract Disputes The Parties shall deal in good faith and attempt to resolve potential disputes informally If the dispute concerning a question of fact ansmg under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor's Project Manager and the County`s 591884 Page 3 of 75 County of Orange, OC Public Works Contract M-080-11010203 A.shBrat, Inc. allocable to the terminated Contract or portion thereof, allowable under applicable laws, regulations, generally accepted accounting principles and good business judgment and objectively reasonable The Contractor shall have the right to appeal, under the County's protest procedure, any determination made by the County, except that if the Contractor failed to submit the termination settlement proposal within the time provided and failed to request a time extension, there is no right of appeal In arriving at the amount due the Contractor under this clause, there shall be deducted All payment to the Contractor under the terminated portion of this Contract, 2 Any claim which the County has against the Contractor under this or any other contract, and The agreed price for or proceeds of sale of materials, supplies, or other things acquired by the Contractor or sold under the provisions of this clause and not recovered by or credited to the County If the termination is partial, the Contractor may file a proposal with the County's Project Manager for an equitable adjustment of the price(s) of the continued portion of the Contract The County's Project Manager shall make any equitable adjustment agreed upon Any proposal by the Contractor for an equitable adjustment under this clause shall be requested within 30 days from the effective date of termination unless extended in writing by the County's Project Manager The County may Under the terms and conditions it prescribes, make partial payment and payments against costs incurred by the Contractor for their terminated portion of the Contract, if the County believes that the total of these payments will not exceed the amount to which the Contactor will be entitled, and If the total payments exceed the amount finally determined to be due, the Contractor shall repay the excess to the County upon demand In determining the amount payable to the Contractor and notwithstanding any other provision, if it appears that the Contractor would have sustained a loss on the entire Contract had it been completed, the County shall allow no profit and shall reduce the settlement to reflect the indicated rate of loss Unless otherwise provided in this Contract or by statute, the Contractor shall maintain all records and documents relating to the terminated portion of this Contract for three (3) years after final settlement This includes all books and other evidence bearing on the Contractor's costs and expenses under this Contract The Contractor shall make these records and documents available to the County, at the Contractor's office, at all reasonable tunes, without any direct charge If approved by the County, photographs, microphotographs, electronic storage, or other authentic reproductions may be maintained instead of original records and documents 15 Orderly Termination Upon termination or other expiration of this Contract, each Party shall promptly return to the other Party all papers, materials, and other properties of the other held by each for purposes of execution of the Contract In addition, each Party will assist the other Party in orderly termination of this Contract and the transfer of all aspects, tangible and intangible, as may be necessary- for the orderly non -disruptive business continuation of each Party 591884 Page 6 of 75 County of Orange, OCPubhc Works Contract MA-080-11010203 AshBrut, Inc. 2 Place no further subcontracts or orders for materials, services, or facilities, except as necessary to complete the continued portion of the Contract, 3 Terminate all orders and subcontracts to the extent they relate to the work terminated, 4 Settle all outstanding liabilities and termination settlement proposals ansing from the termination of any subcontracts, the approval or ratification of which will be final for purposes of this clause, 5 As directed by the County's Project Manager transfer title and deliver to the County (a) work in process, completed work, supplies, and other material produced or acquired for the work terminated, and (b) completed or partially completed plans, information, and other property that, if the Contract had been completed, would be required to be furnished to the County, 6 Complete performance of the work not terminated At the completion of the Contractor's termination efforts, the Contractor may submit to the County's Project Manager 'a list indicating quantity and quality of termination inventory not previously disposed of and request instructions for disposition of the residual termination inventory After termination the Contractor shall submit a final termination settlement proposal to the County's Project Manager in a format acceptable to the County The Contractor shall submit the proposal promptly, but no later than 60 days from the effective date of the termination, unless extended in writing by the County upon written request of the contractor within the 90-day period However, if the County's Project Manager determines that the facts justify it, a termination settlement proposal may be received and acted on after the expiration of the filing period or any extension. The Contractor and the County may agree upon the whole or any part of the amount to be paid because of the termination The amount may include a reasonable allowance for profit on work done, including a reasonable amount for accounting, legal, clerical and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data, and storage, transportation and other costs incurred, reasonably necessary for the preservation, protection, or disposition of the termination inventory, if any However, the agreed amount may not exceed the total Contract price as reduced by (a) the amount of payment previously made and (b) the Contract price of work not terminated The Contract shall be amended and the Contractor paid the agreed amount If the Contractor and the County fail to agree on the whole amount to be paid because of the termination of work, the County shall pay the Contractor the amounts determined by the County as follows, but without duplication of any amounts agreed on as set forth above The Contract price for completed services accepted by the County (or sold or acquired) not previously paid for, adjusted for any savings and other charges, and Except to the extent that the County expressly assumes the risk of loss, the County shall exclude from the amounts payable to the Contractor the fair value, as determined by the agency/department, of property that is destroved, lost, stolen, or damaged so as to become undeliverable to the County The Contractor shall use generally accepted accounting principles and sound business practices in determining all costs claimed, agreed to, or determined under this clause Such costs shall be 591884 Page 5 of 75 County of Orange, OC Public Works AshBrUA Inc. Contract MA-080-11010303 allocable to the terminated Contract or portion thereof, allowable under applicable laws regulations, generally accepted accounting principles and good business judgment and objectively reasonable The Contractor shall have the right to appeal, under the County's protest procedure, any determination made by the County, except that if the Contractor failed to submit the termination settlement proposal within the time provided and faded to request a time extension, there is no right of appeal In arriving at the amount due the Contractor under this clause, there shall be deducted All payment to the Contractor under the terminated portion of this Contract, Any claim which the County has against the Contractor under this or any other contract, and The agreed price for or proceeds of sale of materials, supplies, or other things acquired by the Contractor or sold under the provisions of this clause and not recovered by or credited to the County If the termination is partial, the Contractor may file a proposal with the County s Project Manager for an equitable adjustment of the price(s) of the continued portion of the Contract The County's Project Manager shall make any equitable adjustment agreed upon Any proposal by the Contractor for an equitable adjustment under this clause shall be requested within 30 days from the effective date of termination unless extended in writing by the County's Project Manager The County may Under the terms and conditions it prescribes, make partial payment and payments against costs incurred by the Contractor for their terminated portion of the Contract, if the County believes that the total of these payments will not exceed the amount to which the Contactor will be entitled, and If the total payments exceed the amount finally determined to be due, the Contractor shall repay the excess to the County upon demand In determining the amount payable to the Contractor and notwithstanding any other provision, if it appears that the Contractor would have sustained a loss on the entire Contract had it been completed, the County shall allow no profit and shall reduce the settlement to reflect the indicated rate of loss Unless otherwise provided in this Contract or by statute, the Contractor shall maintain all records and documents relating to the terminated portion of this Contract for three (3) years after final settlement This includes all books and other evidence bearing on the Contractor's costs and expenses under this Contract The Contractor shall make these records and documents available to the County, at the Contractor's office, at all reasonable times, without any direct charge If approved by the County, photographs, microphotographs, electronic storage, or other authentic reproductions may be maintained instead of original records and documents 15 Orderly Termination- Upon termination or other expiration of this Contract, each Party shall promptly return to the other Party all papers, materials, and other properties of the other held by each for purposes of execution of the Contract In addition, each Party will assist the other Party in orderly termination of this Contract and the transfer of all aspects, tangible and intangible, as may be necessary for the orderly, non -disruptive business continuation of each Party 591884 Page 6 of 75 County of Orange, OC Pubhc Works Contract YVA-080-11010203 AshBritt, Inc. 16 Errors and Omissions: All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as Project Manager and key personnel attached hereto, prior to submission to the County Contractor agrees that County review is discretionary and Contractor shall not assume that the County will discover errors and/or omissions If the County discovers any errors or omissions prior to approving Contractor's reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction Should the County or others discover errors or omissions in the reports, files or other wntten documents submitted by Contractor after participating County approval thereof, County approval of Contractor's reports, files or documents shall not be used as a defense by Contractor in any action between the County and Contractor, and the reports, files or documents will be returned to Contractor for correction 17 Publication. No copies of sketches, schedules, written documents, computer based data, photographs, maps or graphs, including graphic art work, resulting from performance or prepared in connection with this Contract, are to be released by Contractor and/or anyone acting under the supervision of Contractor to any person, partnership, company, corporation, or agency, without prior written approval by the County, except as necessary for the performance of the services of this Contract All press contacts, including graphic display information to be published in newspapers, magazines, etc , are to be administered only after County approval 18 News/Information Release The Contractor agrees that it will not issue any news releases or make any contact with the media in connection with either the award of this Contract or any subsequent amendment of, or effort under this Contract Contractors must first obtain review and approval of said media contact from the County through the County's Project Manager Any requests for interviews or information received by the media should be referred directly to the County Contractors are not authorized to sere as a media spokespersons for County projects without first obtaining permission from the County Project Manager 19 Conditions Affecting Work: The Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract, and to know the general conditions which can affect the work or the cost thereof Any failure by the Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to the participating County The County assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by the County are expressly stated in the Contract 20 Child Support Enforcement Requirements: Contractor is required to comply with the child support enforcement requirements of the County Failure of the Contractor to comply with all federal, state, and local reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment shall constitute a material breach of the Contract Failure to cure such breach within 60 calendar days of notice from the County shall constitute grounds for termination of the Contract 21 Notices: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in wntmg, except through the course of the Parties' Project Managers routine exchange of information and cooperation during the terms of the work and services Any written communications shall be deemed to have been duly given upon actual in -person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered marl, return receipt requested, postage prepaid, whichever occurs first The date of mailing shall count as the first day All communications shall be addressed to the appropriate Party at the address stated herein or such 591884 Page 7 of 75 County of Orange, OCPublie Works Contract MA-080-11010203 AshBrut, Inc other address as the Parties hereto may designate by written notice from time to time in the manner aforesaid County Polm Modanlou, Project Manager OC Public Works/Directors Office 300 N Flower Street, 8" Floor Santa Ana, CA 92703-5000 Ph 714 667 3211 Email Polm Modanlou@ocpw ocgov com cc OC Pubhc Works/Purchasing and Contract Services Attn Kathleen Kasten 300 N Flower Street, 8�h Floor Santa Ana, CA 92703-5000 Ph 714 834 3937 Email Kathleen Kasten@ocpw ocgov com Contractor Rob Ray, Project Manager AshBritt, Inc 480 South Andrews Avenue, Suite 103 Pompano Beach, FL 33069 Ph 954 545 3535 Email n-ay@ashbntt com 22 Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of Cahforma In the event of any legal action to enforce or mterpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394 Furthermore, the Parties specifically agree to waive any and all nghts to request that an action be transferred for trial to another county 23 Entire Contract: This Contract, including Attachments A, B, C, and D which are attached hereto and incorporated herein by this reference, when accepted by the Contractor either in writing or by the shipment of any article or other commencement of performance hereunder, contains the entire Contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein No exceptions, alternatives, substitutes or revisions are valid or binding on the County unless authorized by the County in writing Electronic acceptance of any additional terms, conditions or supplemental contracts by any selection or delegated by the County employee or agent, including but not limited to installers of software, shall not be valid or binding on County unless accepted in writing by County's Deputy Purchasing Agent 24 Amendments. No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the Parties, no oral understanding or agreement not incorporated herein shall be binding on either of the Parties, and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing 25 Taxes: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax 26 Delivery Tams of delivery of goods or services is of the essence in this Contract The County reserves the nght to refuse any goods or services and to cancel all or any part of the goods not 591884 Page 8 of 75 County of Orange, OCPublic Works Contract MA-080-11010Z03 AshBritt, Inc conforming to applicable specifications, drawings, samples or desenptions or services that do not conform to the prescribed statement of work Acceptance of any part of the order for goods shall not bind County to accept future shipments nor deprive it of the right to return goods already accepted at Contractor's expense Overshipments and undershipments of goods shall be only as agreed to in writing by the County Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by the County 27 Acceptance/Pay-ment: Unless otherwise agreed to in writing by the County 1) acceptance shall not be deemed complete unless in wnting and until all the goods/ services have actually been received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after services have been provided 28 Warranty Contractor expressly warrants that the goods/services covered by this Contract are 1) free of liens, stop notices, or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended Acceptance of this order shall constitute an agreement upon Contractor's part to indemnify, defend and hold the County and its indemnities as identified in Article 38, below, and as more fully described in Article 38, harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by the County by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-comphance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act ("OSHA") and the California Industrial Safety Act Such remedies shall be in addition to any other remedies provided by law 29 Patent/Copyright Matenals/Propnetary Infnngement: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the nght to use any patented or copyrighted materials in the performance of this Contract Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, property right, or trade secret nght of any third party Contractor agrees that, in accordance with the more specific requirement contained in Article 37, below, it shall indemnify, defend and hold the County and the County Indemni tees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or ansing from such claim(s), including, but not limited to, attorneys fees, costs and expenses 30 Assignment or Subcontracting: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties Furthermore, neither the performance of this Contract nor any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the County Any attempt by Contractor to assign or subcontract the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract In the event that the Contractor is authorized by the County to subcontract, this Contract shall prevail and the terms of any subcontract shall incorporate by reference and not conflict with the terms of this Contract At the discretion of the County Project Manager, the County reserves the right to communicate directly with the subcontractor(s) on any aspect of the Contract 31 Non-Dsscrmmmation: In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons Contractor acknowledges that a violation of this provision shall 597884 Page 9 of 75 County of Orange, OC Public Works Contract 1Y14-080-11010103 AshBritt, Inc. subject Contractor to all the penalties imposed for a violation of anti discrimination law or regulation including, but not limited to, Section 1720 et seq of the California Labor Code 32 Termination In addition to any other remedies or rights it may have by law, the County has the right to terminate this Contract without penalty immediately with or without cause Exercise by the County of its right to terminate the Contract shaill relieve the County of all further obligations under this Contract 33 Consent to Breach Not Waiver: No term or ptovision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented Any consent by any Party to, or waiver of a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach 34 Remedies Not Exclusive: The remedies for breach set forth in this Contract are cumulative as to one another and as to any other provided by law, rather than exclusive, and the expression of certain remedies in this Contract does not preclude resort by either Party to any other remedies provided by law 35 Independent Contractor: Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor, shall be considered an agent or an employee of the County Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers' compensation or other fringe benefits of any kind through either the participating County 36 Performance. Contractor shall perform all work under this Contract, taking necessary steps and precautions to perform the work to the County's satisfaction Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract Contractor shall perform all work diligently, carefully, and in a good and workman -like manner, shall furnish all labor, supervision, machinery, equipment, materials, and supplies necessary therefore, shall at its sole expense, coordinate with the County to obtain and maintain all permits and licenses required by public authorities, mcludmg those of the County required in its governmental capacity, m connection with performance of the work, and, if permitted to subcontract, shall be fully responsible for all work performed by subcontractors 37 Indemnification and Insurance: Indemnification Provisions: Contactor agrees to indemnify, defend with counsel approved in writing by the County, and hold the County its elected and appointed officials, officers, employees, agents and those special distracts and agencies which the County's Board of Supervisors acts as the governing Board ("County Indemmtees') harmless from any claims, demands or liability of any kind or nature, including, but not limited to, personal injury or property damage, arising from or related to the services, products or other performance piovided by Contactor pursuant to this Contract If judgment is entered against Contactor and the County by a court of competent jurisdiction because of the concurrent active negligence of the County or the County Indemmtees, Contactor and the County agree that liability will be apportioned as determined by the court Neither party shall request a jury apportionment Insurance Provisions: Prior to the provisions of services under this Contract, the Contractor agrees to purchase all required insurance at Contractor's expense and to deposit with the County Certificates of Insurance, including all endorsements required herein necessary to satisfy the County that the 591884 Page 10 of 75 County of Orange, OCPublic Works AshBrttt, Inc. Contract ALA-080-11#10203 insurance provisions of this Contract have been complied with and to keep such insurance coverage and the certificates therefore on deposit with the County during the entire tcrm of this Contract In addition, all subcontractors performing work on behalf of Contractor pursuant to this Contract shall obtain insurance subject to the same terms and conditions as set forth herem for Contractor except Professional Liability insurance is not required and the County's minimum insurance limits shall apply as indicated in the Subcontractor's section. All insurance policies required by this Contract shall declare any deductible or self -insured retention (SIR) in an amount in excess of $25,000 ($5,000 for automobile liability), which shall specifically be approved by the County Executive Office (CEO)/Office of Risk Management Contractor shall be responsible for reimbursement of any deductible to the insurer Any self -insured retentions (SIRS) or deductibles shall be clearly stated on the Certificate of Insurance If the Contractor fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract Qualified Insurer: The policy or policies of insurance must be issued by an insurer licensed to do business in the state of California (California Admitted Carver) If the tamer is a non -admitted tamer in the state of California, CEO/Office of Risk Management retains the right to approve or reject tamer aftcr a review of the company's performance and financial ratings Minimum insurance company ratings as determined by the most current edition of the Best's Kev Ratmg Guide/Pronerty-Casualtyt7nited States or ambest.eom shall be A -(Secure Best's Rating) and VIH (Financial Size Category) This policy or policies of insurance maintained by the Contractor shall provide the m,mmum limits and coverage as set forth below CONera a Contractor Minimum Limits Commercial General Liability with broad $5,000,000 combined single limit per form property damage and contractual occurrence $5,000,000 aggregate liability Automobile Liability including coverage $1,000,000 combined single limit per for owned, non -owned and hired vehicles occurrence Workers' Compensation Statutory Employers' Liability Insurance $1,000,000 per occurrence Enrzronmental/Pollution Insurance $5,000,000 per claims made or per occurrence Professional Liability Insurance $5,000,000 per claims made or per occurrence Coverage SubContractor NLnimtun Units Commercial General Liability with broad form property damage and contractual liability $1,000,000 combined single limit per occurrence $2,000,000 aggregate Automobile Liability including coverage for owned, non -owned and hired vehicles $1,000,000 combined single limit per occurrence Workers' Compensation Statutory Employers' Liability Insurance $1,000,000 per occurrence 591884 Page 11 of 75 County of Orange. OC Public Works Contract MA-080-11010203 AshBritt, Inc The Contractor is required to obtain a Performance Bond in the amount of $500,000 prior to execution of the Contract The Contractor may also be required to obtain a Labor and Materials Bond. a Financial Institution Bond (crime coverage), Financial Institution Errors & Omissions coverage, Financial Guarantee Wrap or equivalent coverages depending on how the Program is delineated If required, the amount of these items will be commensurate with the determined exposures The County of Orange shall be added as an additional insured on all insurance policies required by this Contract with respect to work done by the Contractor under the terms of this Contract (except Worker's Compensation/Employers' Liability and Professional Liability) An additional insured endorsement evidencing that County of Orange is an additional insured shall accompany the Certificate of Insurance All insurance policies required by this Contract shall be primary insurance, and any insurance maintained by the County of Orange shall be excess and non-contributing with insurance provided by these policies An endorsement evidencing that the Contractor's insurance is primary and non- contributing shall specifically accompany the Certificate of Insurance for the Commercial General Liability All insurance policies required by this Contract shall give the County of Orange 30 days notice in the event of cancellation This shall be evidenced by an endorsement separate from the Certificate of Insurance In addition, the cancellation clause must include language as follows, which edits the pre- printed ACORD certificate SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 0hF FAVOR TO KAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT _ SLTC14 NOTICE SHALL P 4POSE NO OBLIG -.TT' "`TOT ODOLT An Der -OF A T,TV YJ14D T PON TT_TE ( QMP ATN 9S A GETPq OR REPRESENT A TTS IE All insurance policies required by this Contract shall waive all rights to subrogation against the County of Orange and members of the Board of Supervisors, its elected and appointed officials, officers, agents and employees when acting in the scope of their appointment or employment If Contractor's Professional Liability policy is a "claims made" policy, Contractor shall agree to maintain professional liability coverage for two years following completion of Contract The Commercial General Liability policy shall contain a severability, of interests clause The Contractor is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers' Compensation or be self -insured in accordance with the provisions of that code The Contractor will comply with such provisions and shall furnish the County satisfactory evidence that the Contractor has secured, for the period of tlus Contract, statutory Workers' Compensation insurance and Employers' Liabihty insurance with minimum limits of $1,000,000 per occurrence Insurance certificates should be forwarded to the agency/department address listed on the solicitation If the Contractor falls to provide the insurance certificates and endorsements within seven days of notification by CEO/Purchasing or the agency/department purchasing division, award my be made to the next qualified vendor The County expressly retains the right to require Contractor to increase or decrease insurance of any of the above insurance types throughout the term of this Contract Any increase or decrease in 591884 Page 12 of 75 County of Orange, OCPubhc Works AshBr:tt, Inc Contract AKA-080-11010203 insurance will be as deemed by the Orange County Risk Manager as appropriate to adequately protect County The County shall notify Contractor in writing of changes inthe insurance requirements If Contractor does not deposit copies of acceptable certificates of insurance and endorsements with the County incorporating such changes within thirty days of receipt of such notice, this Contract may be in breach without further notice to Contractor, and the County shall be entitled to all legal remedies The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract 38 Bills and Liens- Contractor shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work Contractor shall not permit any hen, stop notice, or charge to attach to the work or the premises, but if any does so attach Contractor shall promptly procure its release and, in accordance with the requirements of Article 37, above, indemnify, defend, and hold the County harmless and be responsible for payment of all costs, damages, penalties and expenses related to or an sing from or related thereto 39 Changes: Contractor shall make no changes in the work or perform any additional work without the County's specific written approval 40 Change of Ownership Contractor agrees that if there is a change or transfer in ownership cf Contractor's business prior to completion of this Contract, the new owners shall be required under terms of sale or other transfer to assume Contractor's duties and obligations contained in this Contract and complete them to the satisfaction of the County 41 Force Majeure Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to the County within 24 hours of the start of the delay and Contractor avails himself of any available remedies 42 Confidentiality Contractor agrees to maintain the confidentiality of all County and County -related records and information pursuant to all statutory laws relatmg to privacy and confidentiality that currently exist or exist at any time during the term of this Contract All such records and information sball be considered confidential and kept confidential by Contractor and Contractor's staff, agents and employees 43 Compliance with Laws Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor's expense. with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively "laws"), including, but not limited to those issued by the County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by the County Contractor acknowledges that the County is relying on Contractor to ensure such compliance, and pursuant to the requirements of Article 37, above, Contractor agrees that it shall defend. indemnify and hold the County and the County Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws 44 Freight (F.O.B Destination): Contractor assumes full responsibility for all transportation scheduling, packaging, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract 591884 Page 13 of 15 County of Orange, OC Public Works Contract MA-080-11010203 AshBritt, Inc d5 Pricing The Contract price shall include full compensation for providing all required goods, in accordance with required specifications, or services, as specified herein or when applicable, in the scope of services attached to this Contract, and no additional compensation will be allowed therefore, unless otherwise provided for in this Contract 46 Waiver of Jury Trial: Each Party acknowledges that it is aware of and has had the opportunity to seek advice of counsel of its choice with respect to its rights to trial by jury, and each Party, for itself and its successors creditors, and assigns, does hereby expressly and knowingly waive and release all such rights to trial by jury in any action proceeding or counterclaim brought by any Party hereto against the other (and/or against its officers, directors, employees, agents, or subsidiary or affihated entities) on or with regard to any matters whatsoever arising out of or in any way connected with this Contract and/or any other claim of mjury or damage 47 Terms and Conditions Contractor acknowledges that it has read and agrees to all terms and conditions included in this Contract 48 Headings: The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof 49 Severability. If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby 50 Calendar Days: Any reference to the word "day" or "days" herein mean calendar day or calendar days, respectively, unless otherwise expressly provided 51 Attorney Fees: In any action or proceeding to enforce or interpret any provisions of this Contract, or where any provisions hereof is validly asserted as a defense, each Party shall bear its own attorney's fees, costs and expenses 52 Interpretation: This Contract has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract In addition, each Party has been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so Each Party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other Party hereto or by any person representing them, or both Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the Party that has drafted it is not applicable and is waived The provisions of this Contract shall be interpreted in a reasonable manner to affect the purpose of the Parties and this Contract 53 Authority: The Parties to this Contract represent and warrant that this Contract has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms 54 Audits/Inspections: Contractor agrees to permit the County's Auditor -Controller or the Auditor - Controller's authorized representative (including auditors from a private auditing firm hired by the County) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation. including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract The inspection and/or audit will be confined to those matters 591884 Page 14 of 75 County of Orange, OC Public Works AshBrstt, Inc. ContractiIL4-080-11010203 connected with the performance of the Contract including, but not hmited to, the costs of administering the Contract The County will provide reasonable notice of such an audit or inspection The County reserves the right to audit and verify the Contractor's records before final payment is made Contractor agrees to maintain such records for possible audit for a mimmum of three years after final payment, unless a longer period of records retention is stipulated under this Contract or by law Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records Further, Contractor agrees to include a similar right to the County to audit records and interview staff of any subcontractor related to performance of this Contract Should the Contractor cease to exist as a legal entity, the Contractor's records pertaining to this Contract shall be forwarded to the surviving entity in a merger or acquisition or, in the event of liquidation, to the County's debris manager 55 Employee Eligibility Verification: The Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statues and regulations The Contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U S C § 1324 et seq , as they currently exist and as they may be hereafter amended The Contractor shall retain all such documentation for all covered employees for the period prescribed by the law The Contractor shall indemnify, defend with counsel approved in writing by the County, and hold harmless, the County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the Contractor or the County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract 56 Usage: No guarantee is given by the County to the Contractor regarding usage of tlus Contract The Contractor agrees to supply services and/or commodities requested, as needed by the County of Orange, at prices listed in the Contract, regardless of quantity requested 57 Hazardous Conditions: Whenever the Contractor's operations create a condition hazardous to traffic or to the public, the Contractor shall provide flagmen and furnish, erect and maintain control devices as are necessary to prevent accidents or damage or injury to the public at Contractor's expense and without cost to the County The Contractor shall comply with County directives regarding potential hazards Emergency lights and traffic cones must also be readily available at all times and must be used in anv hazardous condition Emergency traffic cones must be placed in front of and behind vehicles to warn oncoming traffic Signs, lights, flags, and other warning and safety devices shall conform to the requirements set forth in Chapter 5 of the current traffic manual, Traffic Control for Construction and Maintenance Work Zones, published by the state of California Department of Transportation Contractor shall provide, install, and maintain all warning devices (i e , barricades cones, flashing lights, etc ) required to adequately protect the public, County staff and other workers during the performance of this Contract 58 Health and Safety Provisions. Caution shall be exercised at all times for the protection of persons, including employees, and property The safety provisions of applicable laws and building and construction codes shall be observed Work, materials, and equipment used, shall comply with the Occupational Safety & Health Administration (OSHA) requirements, and federal and state safety orders The Contractor shall have (at the work site) copies of, or suitable extracts of, "General Industry Safety Orders" issued by the California State Division of Industrial Safety The Contractor shall comply with the provisions of these and all other applicable laws, ordinances, and regulations 591884 Page 15 of 75 County of Orange, OC Pubhc Works Contract MA-080-11010203 AshBrig, Inc IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the dates shown below their respective signatures below , ASHBR a Florui By Print Nameq�) 01_'r6t Title LC-6 '1 Corporate OfffJer Date�-� i d COUNTY OF ORANGE a political subdivision of the State of ornia By Print Print Name Title Date Name j� 1 N Y i=— e-40 A -'Z-0 Title ? ► d} p) A6( 70— Ci ei- Date -2— -3 rr CA(A l vN Corporate Officer �-'t AP,�ROVED AS TO F MA OFF.,,c nc C�,E cown, L'4 6k 1 FORNIA BY L�� Deputy Date z 1 * If the contracting party is a corporation, (2) two signatures are required one (1) signature by the Chairman of the Board, the President or any Vice President. and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signatory to bind the corporation 591884 Page 16 of 76 County of Orange, OC Pubhe Works Contract JYI4-080-11010203 AshBritt, Inc AttachmentA Scope of Work ATTACHIMENT A SCOPE OF WORK DISASTER -RELATED DEBRIS MANAGENIENT AND RECOVERY SERVICES Background The recent Silverado/Modleska Canyons and Freeway Complex Fires created a need for collaboration amongst the County of Orange and Orange County cities to take proactive measures in disaster response and recovery service The County in collaboration with Orange County cities, is considering development of a multi junsdictional disaster -related debris management plan for disaster response and recovery service The disaster -related debris management plan will support the current mutual aid agreement commitments between the County and Orange County cities The County's disaster -related debris management plan addresses the collection, processing and disposal of the volumes and variety of debris expected to be generated by a major disaster such as an earthquake, major wildfire, storm or any other natural and/or man-made disaster The purpose of the County's disaster -related debris management plan is to ensure timely, coordinated recovery operations, including removal of debris from public property and rights -of -way throughout the County unincorporated areas and collaborating cities using a combination of County, cities and contractor forces The County's objective is to retain contractual resources (Contractor) but County reserves the right to use the County's and participating cities' forces and equipment The Contractor must have the capacity to manage a major workforce and to cover the expenses associated with a major recovery operation prior to initial payment and between subsequent payments, as well to provide all necessary bonds and insurance The Contactor must have an established management team, and an established network of resources to provide the necessary equipment and personnel The Contractor must adhere to all federal, state and local laws, codes and ordinances, and assist the County with recovering Contract expenses through the Federal Emergency Management Agency (FEMA) _loon reimbursement process This Contract for the County's disaster -related debris management will be a usage Contract that will be utilized only in the face of an emergency No compensation will accrue to the Contractor unless and until the Contract is utilized by the Countv either in anticipation of a natural disaster or after such a disaster 2. General Requirements The purpose of this Contract is to provide disaster -related debris management services for the County of Orange, California, for the collection, processing and disposal of debris resulting from natural or man- made disaster events including but not limited to earthquakes, fires and floods This Contract may be activated for County, State and Federally declared disaster events The Scope of Work includes the following • Debris clearance operations as directed by the County's Debris Management Coordinator • Obtaining all necessary local, state and federal permits • The collection and removal of debris from public rights -of -way, streets, roads, flood control facilities, ditches and other public properties • The processing of debris including but not limited to screening, sorting, grinding, mulching, and recycling in accordance with all federal, state and local environmental protection agencies and health departments ® The disposal of debris • The establishment and operations of temporary debris storage and reduction (TDSR) sites 591884 Page 17 of 75 County of Change, OCPuh1 e Works Contract MA-080-II DI0203 AshBrit{ Inc AirachmentA Scope of Work • The collection and disposal of yard waste white goods, e=waste small motorized equipment, hazardous waste, tires animal carcasses, propane tanks, petroleum products, and other special waste • The restoration of TDSR sites m Performing debris bv-product recycling programs ® Hauling non -recycled debris and debris reduction by-products to an authorized disposal facility ® Providing traffic control during debris loading operations on public nghts-of-way ® The provision of community relations support during all phases of disaster recovery work as directed by the County's Debris Management Coordinator Other disaster response and recovery work may be added, such as screening sand for beach replenishment, and any requirements or rates not covered by this proposal will be negotiated The Contractor shall furnish all necessary personnel, material, equipment, labor supervision, facilities, and shall provide all services necessary for, or incidental to, the performance of all work as defined in the Scope of Work The Contractor will supervise and direct all work, workers and equipment The Contractor is solely responsible for the means, methods, techniques, sequences, and safety procedures used. The Contractor must be duty licensed to perform the work in accordance with all federal, state and local requirements The Contractor shall coordinate with the County to obtain all permits necessary to complete the work The Contractor shall be responsible for and in compliance with any additional permits necessary to perform under the Contract, but at minimum must hold a Cahforma Class A General Engineering Contractor license with (or a list of subcontractors with) an ASB (Asbestos) Certification and/or a HAZ (Hazardous Substance Removal) Certification_ Copies of all permits and licenses shall be submitted to the County as soon as available As this is a usage contract the quantity of work required is not known at this time Payment will be made at the negotiated contracted rates specified in Attachment B The output will be verified by the County in the daily operational report All rates are to include all related costs, inclusive of the cost of personal protective clothing (to include hardhats, gloves, eye protection and steel -toed boots), fringe benefits, hand tools, supervision, transportation, traffic control and any other costs Deigns Management This Contract for debns collection, processing and disposal will be on a usage basis for the purpose of having Contractor immediately available and committed to assisting the County in the aftermath of a major disaster Contractor under this Contract will serve as a general contractor for the purpose of debris collection, processing and disposal operations, and will be able to use its own subcontractor resources to meet the obhgations,of this Contract The Contractor shall disclose present and future debris management contractual obligations throughout the term of this Contract and shall provide reasonable assurance to the County that such obhgations will not preclude the Contractor potentially performing the required work and meeting its obligation under the Contract Such disclosure shall be provided to the County in the proposal The Contractor shall, to the extent practical, give priority to utilizing resources in the County of Orange and the surrounding areas, including but not limited to procuring supplies and equipment, awarding sub- contracts, and employing workers The Contractor shall identify sub -contractors it intends to use on this Conti act and their miended Scope of Work The Contractor shall furnish copies of Letter of Intent with local sub -contractors with the proposal 59I884 Page 18 of 75 County of Orange, OCPuhhc Works Contract t A-080-11010203 AshBi itt, Inc. Attachment A Scope of Work 3a. Mobilization Mobilization shall consist of all preparatory work and operations, including those necessary for movement of personnel, equipment, supplies and incidentals to and from the project sites, installing and maintaining temporary roads and drainage structures needed to access the project sites, the costs of bonds, required insurance and all other pre and post construction expenses necessary to perform this work It shall be duly noted that such expenses are the sole responsibility of the Contractor When a major disaster occurs or is imminent, the County will contact the Contractor to advise it of the County's intent to request services The Contractor will employ and maintain a qualified and accessible Operations Manager who shall have the full authority to act on behalf of the Contractor All communications given to the supervisor in writing by the County shall be binding The Contractor shall report to the County Project Manager within 24 hours of the Notice to Proceed for each work order directive issued The Contractor shall assign and provide an Operations Manager to the County's Debris Management Center to serve as the principal liaison between the County's Debris Management Coordinator and the Contractor's forces The assigned Operations Manager must be knowledgeable of all facts of the Contractor's operations and have authority in writing to commit the Contractor The Operations Manager shall be on call 24 hours per day, seven days per week and shall have electronic linkage capability for transmitting and receiving relevant contractual information and make arrangements for on site accommodations This linkage shall provide immediate contact via cell phone, fax machine, and have Internet capabilities The Operations Manager will participate in daily meetings and disaster exercises, functioning as a source to provide essential element information The Operations Manager will report to the County's Debris Management Coordinator This position will not require a constant presence on -site, however, the Operations Manager will be required to be physically capable of responding to the County's Debris Management Coordinator within one hour of notification The County, at its sole discretion, %ill issue task orders to the Contractor All factors will be considered in determining which tasks will be assigned to Contractor Debris removal will generally be limited to debris in, upon, or brought to the public streets and roads, rights -of -way, municipal properties and facilities, and other public sites The Contractor will be responsible for determining the method and manner of debris collection, processmg and lawful disposal operations, consistent with the Scope of Work The Contractor will be responsible for the lawful disposal of all debris and debris -reduction by- products generated at all temporary debris staging and reduction (TDSR) sites 3b. Classification of Debris: Debris shall be classified as follows Vegetative Debris Vegetative debris includes but is not limited to damaged and disturbed trees, broken, partially broken and severed tree limbs, tree stumps, tree trunks, bushes and shrubs, brush, and other leafy material Construction and Demolition (C&D) Debris C&D debris includes but is not hnuted to lumber metal products, sheet rock, non -asbestos roofing and concrete Non C&D Debris Non C&D debris includes but is not limited to asbestos roofing, carpeting, plastic, glass, rubber products, cloth items and treated wood building materials 591884 Page 19 of 75 County of Orange, OC Public Works Contract NL4-080-11010203 AshBritt, Inc Attachnser:tA Scope of Work White Goods White Goods are large household appliances such as refrigerators, freezers, air conditioners, stoves, ovens, washmg machines, dryers, water heaters, etc The Contractor should expect to encounter white goods, such as household appliances The Contractor shall collect all white goods from public nghts-of-way and shall dispose of white goods in accordance with applicable federal, state and local laws Any white goods that may contain Freon, such as refrigerators, freezers or air conditioners, shall have the Freon removed by the Contractor in accordance with applicable regulatory requirements No additional payment will be made for the handling of white goods, as this cost shall be included in the cost price for white goods removal and disposal Household Hazardous Waste (TIHW) HHW is waste with properties that make it potentially harmful to human health or the environment such as but not limited to paint products, pesticides, fertilizers, and other debris requiring special removal, handling and disposal processing, and known or suspected hazardous material such as asbestos, lead -based paint, and electrical transformers Coordination of hazardous debris removal is the responsibility of the County Known or suspected HHW that mistakenly enters the waste stream shall be placed in an appropriate storage area for proper disposal Soil Mud and Sand Earthquakes, floods and storm surges often deposit soil, mud, and sand on improved public property and public rights -of way Facilities commonly impacted by this type of debris may include streets, sidewalks, drainage facilities, culverts and pipes The Contractor shall remove storm deposited soil, mud and sand debris from public property and nghts-of-way as directed by the County Dead Ammals The Contractor shall collect, remove, transport and dispose of dead hvestock, fowl, large animals, and domestic pets from public nghts-of-way and other public properties, as identified by the County, in accordance with health and regulatory requirements Ash When handling ash, the Contractor will be required to "wet down" the ash to prevent dust problems Gips and Mulch Chips and mulch are the end products of chipping and mndLug clean woody debris Proper disposal of chips and mulch (non -landfill disposal) is an environmentally sound use of the material Other Debris Other debris includes but is not limited to tires, small motorized equipment, electronic waste propane tanks, and petroleum products Residents will be advised to separate all waste and debris, to the extent practicable, into the above categories Failure by the residents to perform this separation does not relieve the Contractor of its curbside separation responsibilities, to -the extent practicable Debris Collection and Removal Services The Contractor shall provide for the removal of debris from various areas within the County of Orange as designated by the County's Debris Management Coordinator Debris removal shall be limited to County streets, roads and other nghts-of-way, all County of Orange municipal property, and other municipal facilities and sites as directed, and may include property debris from private residences that is brought to the edge of the rights -of --way by residents The Contractor is responsible for determining the method and manner of all debris removal 591884 Page 20 of 75 County of Orange, OCPuhhc Wog ks Contract ALA-080-11010203 AshBr7t4 Inc. Attachment A Scope of Work The Contractor shall be responsible for properly and adequately securing debris on each piece of equipment utilized to haul debris Prior to leaving the loading site, the Contractor shall ensure that each load is secure and trimmed so that no debris extends horizontally beyond the bed of the equipment in any direction All loose debris shall be compacted during loading and secured during transport Traps or other coverings shall be provided by the Contractor to prevent reduction by-products anal other materials from being blown from the bed during hauls to dt'sposal landfills The general concept of disaster -related debris removal operations includes multiple scheduled passes of each site, location or nghts-of way as directed by the County It is the intent that the Contractor will make as many passes as the County may direct to complete the removal and lawful' disposal of all disaster generated debris The debris shall be hauled to the TDSR sites or disposal sites as directed by the County All activities associated with the collection and loading of eligible debris shall be performed during working hours, seven (7) days a week, including holidays, unless otherwise directed by the County The Contractor shall mitigate the impact of its operation on local traffic to the fullest extent practical The Contractor is responsible for establishing and maintaining appropriate traffic controls in all work areas The Contractor shall provide sufficient signing, flagging, and bamcadmg to ensure the safety of - -- vehicular and pedestrian traffic in all work areas All work shall be performed in conformance with all federal, state and local laws. regulations and ordinances governing personnel, equipment and workplace, The Contractor shall provide all labor and�matenals necessary to operate and maintain all equipment under this Contract The Contractor shall provide sufficient management, administration, supervision and safety quality controls to assure the safety, quality, completeness, and timely progress of the work The Contractor shall provide its own personnel to provide the above functions and not the personnel of its sub- contractors The Prime Contractor must utilize apohcable prevailing wage rates and will all tiers of subcontracting entities below its company The Contractor shall not move from one designated work area to another designated work area without prior approval and release from the County's Debris Management Coordinator The Contractor shall remove all dirt, mud and debris from the roadways resulting from its operations The Contractor shall notify the Debris Management Coordinator's office by 2 p in each day of the number of crews that will be working the following day, as well as a preliminary 7- day schedule for the purpose of scheduling County personnel assigned to the Contractor's crews 4a. Debris Removal from Pubhe Rights -of -Way The Contractor shall pick-up, remove from public rights -of -way and haul all eligible debris to the TDSR sites or disposal sites as directed by the County At the time of collection, the Contractor shall segregate debris at the curb, to the maximum extent possible, according to the categories specified under Classifications of Debris (see 3b ) Unless otherwise directed by the County, mixed loads (vegetation mixed with C&D, for example) are prohibited Vegetation or C&D mixed with minimal quantities of another type of debris will be classified by the predommant'type of debris Clean, woody debris and other natural material that can be chipped, mulched, and disposed of in some other similar manner shall be handled separately from other debris The Contractor, with the approval of the County, shall determine the method of vegetative debris reduction Unless otherwise directed by the County, mixed loads are prohibited The Contractor shall segregate debris at the curb, when necessary The Contractor should expect to encounter white goods, such as household appliances The Contractor shall pick up and remove all white goods from public rights -of way and shall dispose of white goods in 591884 Page 21 of 75 County of Orange, OCPublic Works Contract ti4A-080-11010203 AshBrdt, Inc Aturchment A Scope of Work accordance with applicable federal, state and local laws Any white goods that may contain Freon, such as refrigerators, freezers or air conditioners, shall have the Freon removed by the Contractor in accordance with applicable regulatory requirements No additional payment will be made for handling of white goods, as this cost shall be included in the cost price for white goods removal and disposal 4b. Removal of Obstructions from Drainage Canals and Roadside Ditches The Contractor shall be responsible for the removal of obstructions from the County's natural drainage courses, flood control facilities and channels, rights -of -way and roadside ditches These obstructions include but are not limited to tree limbs, tree trunks, stumps, C&D, Non C&D, and soil, mud and sand Long reach equipment may be required to remove debris from the drainage channels Care should be taken so as not to damage the infrastructure of the channels or ditches 4c. Removal of Hazardous Trees and Hanging Limbs from County Rights -of Way and Public Properties If directed by the County's Debris Management Coordinator, the Contractor shall remove hazardous trees six (6) inches in diameter and/or hanging limbs two (2) inches or greater The Contractor is cautioned that ingress and egress is the sole responsibility of the Contractor and many sites may be accessible for climbers only and removal of tree debris may be possible by manual labor only All hazardous trees to be removed shall be cut flush at the lowest possible height above the ground All measurements of flush cuts arc subject to inspection and approval by the County Payment shall be per size of the tree The line item costs are all inclusive and shall compensate the Contractor for the cost to flush out, remove, load, transport and dispose of the hazardous trees Tree stumps with base cut measurements equal to or less than twenty-four (24) inches in diameter will be disposed of with the same methods used for other vegetative debris Stumps larger than twenty-four (24) inches in diameter will be disposed of by splitting, chipping or grinding The method of reduction and disposal will be at the discretion of the Contractor subject to County approval Grinding in place may require documentation and pre -approval of regulatory authorities Coordination of any potential grinding will be done by the County 4d. Hazardous Stump Removal The Contractor is responsible for extraction of eligible partially uprooted hazardous stumps as directed by the County If directed by the County, the Contractor shall remove and haul partially hazardous tree stumps Each stump shall be inspected by the County and the Contractor and documented as to the appropriate category of size In addition, stumps are to be properly identified, certified and documented, per FEMA guidance, by County or its representative Prior to the removal of hazardous stumps. the Contractor shall notify any required local utilities in accordance with each agency's required pre- notification time schedule for pre -marking of utilities in the work area Stump holes shall be backfilled with clean native topsoil to match the existing grade Note that stump holes include all cavities associated with the stump extraction The Contractor may be required to grind some stumps if large equipment cannot access the work area Any damage to sidewalks, driveways, walkways or other public or private property caused by the Contractor's removal or grinding of stumps shall be repaired by the Contractor Payment for stump removal will be per size of stump, per FEMA Guidelines The line item cost is all inclusive and shall compensate the Contractor for the cost to extract, grand, and backfill all holes associated with the stump extraction, as well as load, transport and dispose of stump 591884 Page 22 of 75 County of Orange, OCPublsc Works Contract M4 484-11414243 AshBrut, Inc. AaachmentA Scope of Work Tree stumps with base cut measurements equal to or less than twenty-four (24) inches m diameter will be disposed of with the same methods used for other vegetative debris Stumps larger than twenty-four (24) inches in diameter will be disposed of by splitting, chipping or gnndmg The method of reduction and disposal will be at the discretion of the Contractor subject to County approval Grinding in place may require documentation and pre -approval of regulatory authorities Coordination of any potential gnndmg will be done by the County 4e. Debris Removal from Private Property The Contractor shall remove debris from private property under extenuating circumstances, as directed by the County A sample nght-of-entry agreement form will be provided by the County 4f. Load Tickets Load tickets will be used for recording volumes of debns removal The Contractor shall provide an automated debns management ticketing and accounting process for debris management projects Each ticket will be a five -part carbon copy ticket and shall contain the following information • Ticket Number • Contractor s Name • Crew Number • Truck Number • Date • Debris Removal (Pickup) Location • Debns Removal (Pickup) Location Departure Time • TDSR or Disposal Site Location • TDSR or Disposal Arrival Time • Debns Classification • Debns Quantity * Signed by a County representative Debns quantity will be determined by a County representative at the TDSR and/or disposal site, and based on the predetermined truck bed measurements Trucks with less than full capacity will be adjusted downward by visual inspection by the County's representative Truck bed measurements shall not be adjusted upward Load tickets will be issued by the County's representative to a vehicle operator upon completion of collection at the collection site The County's representative will keep one copy of the ticket and give four (4) copies to the vehicle operator for the Contractor's records and TDSR or disposal sites 4g. Debris Removal Equipment All trucks and other equipment must be m comphance with all applicable federal, state and local rules and regulations Any truck used to haul debns must be capable of rapidly dumping its load without the assistance of other equipment, be equipped with a rigid tailgate that will effectively contain the debns during transport and permit the truck to be filled to capacity (t e the tailgate must be able to hold a compressed load), and measured and marked for its load capacity All vehicles shall comply with California regulations and licensing requirements, and with applicable local ordinances governing weight and size for the streets that must be traveled 591884 Page 23 of 75 County of Orange, OC Pubhc Forks Contract IVIA-080-11010203 AshBritt, Inc. Attachment,4 Scope of Work Sideboards or other extensions to the bed are allowable, provided they meet all applicable rules and regulations cover the front and both sides, and are constructed in a manner to withstand severe operating conditions Prior to commencing debris removal operations, the Contractor shall present to the County's representative all trucks or trailers that will be used for hauling debris for the purpose of determining hauling capacity The hauling capacity will be based on the interior dimensions of the truck's metal dump bed Hauling capacity will be rounded down to the nearest half cubic yard and will be recorded and marked on both sides of each truck or trailer on a white placard with black permanent markings The Contractor is responsible for supplying the placards The placard should clearly display the Contractor's company name Each truck or trailer will also be numbered for identification with a permanent marking Trucks or equipment which are designated for use under this Contract shall not be used for any other work during the working hours of this Contract The Contractor shall not solicit work from private citizens or others to be performed in the designated work area during the period of this Contract Under no circumstances will the Contractor mix debris hauled for others with debris hauled under this Contract 4h. Debris Removal Reports The Contractor shall prepare daily reports, in accordance with CalEMAIFEMA guidelines, to detail the progress of the debris removal services to the County Each report shall contain, at a minimum, the following information s Reporting date ® Location of work (street names and address blocks) ® Contractor's name performing work at each location ® Number of passes performed at each location ® Daily and cumulative totals of debris removed, by category Itemized Load Ticket Information Any problems encountered or anticipated Discrepancies between the daily report and the corresponding load tickets shall be reconciled with the Debris Management Coordinator no later than 11 00 a m the following work day 41. Damages The Contractor shall repair all roadways, sidewalks, utilities, fences, dnveways, roofs, drainage structures and other features which are damaged by Contractor operations, including same damages to adjacent public and private properties This will include the ie-sloping of damaged surfaces to original grade and filling of all ruts caused by equipment and trucks The Contractor shall respond to damage claims within seven (7) calendar days upon receipt of the same by the homeowner or County Debris Management Coordinator, and shall settle valid claims within thirty (30) calendar days Jurist Prudence shall have final authority over damage assessment and dispute resolution The Contractor shall provide the County's Debris Management Coordinator a weekly spreadsheet listing the name, address and telephone number of all residents claiming damage, a summary of the claims, and a status report of the resolutions 5. Debris Processing and Disposal The County will identify temporary debris storage and reduction (TDSR) sites for the temporary staging and reduction of vegetative and woody debris The Contractor will operate the TDSR sites and only Contractor and others specifically authorized by the County will be allowed to use the sites The County may also establish designated homeowner drop off sites The Contractor will be responsible for removing all debris from those sites daily The Contractor shall use only TDSR sites designated by the County 591884 Page 24 of 75 County of Orange, OCPublic Works Contract MA-080-11010203 AshBrrr4 Inc. Attachment . -I Scope of Work The TDSR site foreman, appointed by the Contractor, shall direct all dumping operations, and shall coordinate removal of debris and reduction of by-products to the County authorized landfill locations for subsequent disposal or to recycling processors selected by the Contractor and approved by the County The Contractor shall provide all management, supervision, labor, machines, tools and equipment necessary to accept, process, and dispose of disaster related debris The Contractor may be asked to pay for all water and electrical services at the sites The Contractor may be asked to provide all necessary connections for such services The debris to be processed consists primarily of vegetative debris, however, the Contractor and/or the County may choose to process other types of debris as well The Contractor shall be required to segregate the debris into various categories The Contractor shall coordinate with the County to obtain the necessary permits to perform all site activities The disposal cost for the processed material, all by-products and waste materials shall be the responsibility of the Contractor The Contractor shall be responsible for sorting and stockpiling of debris at the site Household Hazardous Waste (HHW) must be handled, stored, processed and disposed of in conformance with all applicable local, state and federal rules and regulations The Contractor will set up a lined containment area and separate any household hazardous waste delivered to or stored at a TDSR site Commercial and industrial hazardous waste such as chemicals gas containers, transformers, and any other form of hazardous or toxic matter will be set aside for collection and disposal by a hazardous materials removal and disposal contractor who will be selected under a separate contract with the County The Contractor shall establish sufficiently impervious temporary storage areas for HHW, fuel and other materials that may contaminate soils, runoff or groundwater The Contractor shall establish sufficiently impervious secondary containment under all tanks in accordance with all federal, state and local rules and regulations The Contractor shall establish temporary storage and processing areas for HHW that protects the site from contamination Vegetative waste and wood chips shall be stockpiled in a manlier that will prevent combustion, wind drift and run-off into streets, the storm drainage system, and adjacent properties The Contractor is solely responsible for worker safety, including its subcontractors and suppliers, in accordance with all federal, state and local laws and regulations The Contractor shall be responsible for traffic control, dust control, erosion control, fire protection, on - site roadway maintenance and safety measures at the TDSR site The Contractor shall direct traffic entering and leaving the site and shall direct all loading and unloading operations at the site Upon completion of the debris reduction process, the Contractor shall clear the sites of all debris and restore the sites to their original condition and to the satisfaction of the County All equipment must be in compliance with all applicable federal, state and local rules and regulations All equipment and operator qualifications must meet all federal, state and local safety and health requirements The Contractor, using applicable forms, will inspect equipment prior to its use The completed forms will be provided to the County, if requested 591884 Page 25 of 75 County of Orange, OCPublic Works Contract ALA-080-11010203 AshBrzt4 Inc. AttachmentA Scope of Tfork Prior to commencing debris reduction and disposal operations, the Contractor shall present to the County's representative a detailed description and operational specifications of all equipment to be used for debris handhng, sorting, processing, loading and hauling, stating brand name, model and horsepower Equipment which is designated for use under this Contract shall not be used for any other work during the working hours of this Contract The Contractor shall not solicit work from private citizens or others who are not a party to this Contract or to a subordinate contract that arises out of this Contract Under no circumstances will the Contractor mix debris hauled or processed for others with debris hauled or processed under this Contract If the Contractor chooses to use chipping and/or grinding as a method of debris reduction, it is the Contractor's responsibility to dispose of the chips or mulch in compliance with all federal, state and local rules and regulations at no additional cost to the County Beneficial reuse of the chips is strongly encouraged 5a. TDSR Site Requirements The Contractor will provide a site operations plan for review by the County prior to beginning work At a minimum the plan will address the following • Access to the site • Traffic control procedures • Site management, to include point -of -contact, organizational chart, etc • Site security • Site safety • Site layout/segregation plan • Hazardous waste materials plan • Environmental mitigation plan, including considerations for smoke, dust, noise, traffic, buffer zones, storm water runoff, archeology, historic preservation, wetlands and endangered species, as appropriate The Contractor shall be responsible for preparing the site(s) to accept the debris This preparation shall include clearing, erosion control grading, construction and maintenance of haul roads and entrances The Contractor shall water all roads to control dust The Contractor shall provide utility clearances and samtation facilities, if needed The Contractor shall protect existing structures at the site(s) and repair any damage caused by its operations at no additional cost to the County The Contractor shall be responsible for installing site security measures and maintaining security for its operations at this site The Contractor shall manage the site to minimize the risk of fire The Contractor shall provide an inspection tower at each TDSR site If a site has separate entrances and exits, the Contractor shall provide a tower at both the entrance and the exit This tower shall be constructed such that the County monitor can see the bed when empty to fully view the entirety of the debris load (at least 10 feet above the existing ground surface) for the purpose of estabhshmg the load volume The inspection tower shall be constructed to meet all local, state and federal safety requirements The tower shall be constructed using pressure treated wood The floor area shall be 8 feet by 8 feet, constructed of 2 inch by 8 inch foists 16 inch O C with 3/ inch plywood supported by four 6 feet by 8 feet posts The perimeter of the floor area shall be protected by a 4 foot high wall constructed of 2 inch by 4 inch studs and inch plywood The floor area shall be covered with a corrugated tin roof The roof shall provide a minimum of 6 feet, 8 inches of head room below the support beams Access shall be provided by wooden steps with a hand rail The tower shall include a writing surface area The tower 591884 Page 26 of 75 County of Orange, OC Pubhc Works Contract jIL4-080-11010103 AshBria, Inc. AttachmentA Scope of Work must be securely anchored to the ground The Contractor may provide a mechanical lift or suitable metal scaffolding to be used in place of the constructed tower Mechanical lifts are acceptable only on a temporary basis for use while constructing inspection towers The metal scaffolding is not recommended due to potential threat of lightning The Contractor shall remove and dispose of the inspection towers following completion of the debris removal at the direction of the County Debris Management Coordinator The Contractor shall provide portable restroom facilities at all TDSR. sites The portable restroom facilities must be serviced and maintained in a clean and sanitary condition The Contractor shall be responsible for control of pedestrian and vehicular traffic in the work area The Contractor shall provide all flag persons signs, equipment and other devices necessary to meet federal, state and local requirements The traffic control personnel and equipment shall be in addition to the personnel and equipment required in other parts of this Contract Asa minimum, one flag person shall be posted at each entrance to direct traffic at the site The Contractor is responsible for the proper disposal of all debris, residuals and waste products from the site The Contractor shall receive approval from the County as to the final acceptance of a site closure 5b. Household Hazardous Waste (HHW) The Contractor may be required to construct a containment area at the TDSR site(s) for HHW This containment area shall be sufficiently impervious to, contain spills This material shall be segregated from the remaining debris using a method that will allow the remaining non-HHW debris to be processed All HHW debris will be moved and placed in the designated HHW containment area The Contractor will be responsible for reporting to the County and cleaning up all HHW spills caused by the Contractor's operations at no additional cost to the County Immediate containment actions shall be taken as necessaryto minimize effect of any spill or leak Cleanup shall be in accordance with applicable federal state and local laws and regulations Spills shall be reported in accordance with federal state and local regulations 5c. Debris Processing and Disposal Reports The Contractor shall prepare daily reports, in accordance with CalEMA/FEMA guidelines, to detail the progress of the debris reduction and disposal services to the County Each report shall contain, at a minimum, the following information by site and the total for all sites ® Reporting date ® Daily and cumulative totals of debris processed, by method ® Daily and cumulative totals of debris disposed of, by location ® Daily and cumulative totals of I11iW debris segregated • Any problems encountered or anticipated The Contractor will be required to assist the County with the preparation and submittal of Debris Site Management Reports 5d. Damage Claims 591884 Page 27 of 75 County of Orange, OCPubhe Works Contract MA-080-II010203 AshBritt Inc Attachment A Scope of Work The Contractor shall submit a weekly report to the Debris Management Coordinator on an Excel Spreadsheet summarizing the current status of all damage claims The weekly report shall include the name, access and phone number of the claims a summary of the claim and the status or the resolution 5e Additional Required Equipment The Contractor shall have mailable additional equipment including, but not limited to, backhoes, bulldozers, etc for the County's use as requested by the County Training and Pre -Event Workshops The Contractor shall conduct annual training and pre -event planning workshops at no cost to the County Topics should range from, but not be limited to, mobilization and operational considerations Including • Temporary debris site selection and evaluation, • Emergency facility and route designation and priorities, • Review of debris management plans, • Environmental and histoncal structure considerations, • Local subcontractor participation (with accompanying training workshops), • Recovery systems training (i e — Debris Management System (DIMS)), • GIS assets and systems, • Billing protocols, • Technical assistance administration, and • Other area -specific operational considerations and caveats 591,384 Page 28 of 75 County of ©range, OC Public Woi ks Contract A14-080-11010203 AshBritt, Inc. Attachment Contractor's Pricing ATTACHMENT B CONTRACTOR'S PRICING I. COMPENSATION: This is a usage Contract between the County and Contractor for Professional Services, Disaster -Related Debris Management and Recovery Services, as provided in Attachment A, Scope of Work. The Contractor agrees to accept the specified compensation as set forth in this Contract as full remuneration for performmg all services and furnishing all staffing and matenahs required, for any reasonably unforeseen difficulties which may anse or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Contractor of all its duties and obligations hereunder The County shall have no obligation to pay any sum, should the Contract never be utilized. II. PAYMENT SCHEDULE: The County will pay the following fees in accordance with the provisions of this Contract, partial payment may be allowed at the County Project Manager's discretion Payment will only be made fol debris management and recovery services that CalEMA/FEMA determines eligible, as identified in the FEMA Regulations, Public Assistance Guides and Fact Sheets The equipment rates listed below include the cost of experienced, licensed operators Any deployment of equipment or labor listed below is subject to prior approval by the County Project Manager a Price Breakdown: Emer_-ency Disaster Assistance Recovery - Unit Fee Schedule (Schedule 1) Item Task Description Unit Measure Price U000 Project Management/Technical assistance/Annual Training N/A $0 00 U000 First Response (Emergency Road Clearance, First Push) Hourly See Scheds la&2a U001 Rights of Way (ROR) Vegetative Collection Rate -la U002 0-5 miles to debris management site Cubic Yard $8 00 U003 6-10 miles to debris management site Cubic Yard $10 00 U004 11-15 miles to debris management site Cubic Yard $10 75 U005 16-20 miles to debris management site Cubic Yard $12 75 U006 21-30 miles to debris management site Cubic Yard $14 75 U007 31-60 miles to debris management site Cubic Yard $17 75 U008 a Scope consists afpickup and transport of else bie vegetative debris on the County ROW or designated public property to a County approved TDSRS or other designated disposal facility U009 Rights of Way (ROl T9 Construction & Demolition Collection Rate -lb U010 0-5 miles to debris management site Cubic Yard $8 50 U011 6-10 miles to debris management site Cubic Yard $10 50 U012 11-15 miles to debris management site Cubic Yard $12 00 U013 16-20 miles to debris management site Cubic Yard $14 00 14 21-30 miles to debris management site Cubic Yard $1600 15 1U0 31-60 miles to debris management site Cubic Yard $1900 6 b Scope consists of piclaip and b ansporr of eligible C&D debris on the County ROW or aesignated public property to a County approved 7DSRS or other designated disposal facility U017 Private Property (Right of Entry) Debris Removal ;c U020 Vegetative debns cutting & removal Cubic Yard $6 00 591884 Page 29 of 75 County of Orange, OCPublic Works AshBri4 Inc. Contract MA-080-11010203 Attachment B Contractor's Pncing U021 Construction & Demolition (C&D) debns removal Cubic Yard $7 50 U022 Backfill Material on private property (Compatible soil to fill created cards) Cubic Yard $18 00 U023 c Prices reflect scope for removal of debns from private property to be placed onto Couniv ROW Coileeaon hauling and disposal ofsaid debrisfrom ROW robe paid at applicable contract rates U024 Management of TDSRS and Debris Prot essing /d Cubic Yard $3 00 U025 Site preparation and management U026 Debris process mglreductic n, by grinding (Vegetative) Cubic Yard $2 50 U027 Debris processing/reduction, by burning (Vegetative) Cubic Yard $3 00 U028 k Debris processing/reduction by compaction (C&D) Cubic Yard $2 75 U029 d Scope consists of the management and operation of TDSRS' for acceptance management segregation and staging of disaster related debris idditzonally, work consists of all labor equipment fuel and miscellaneous , oats necessary to reduce storm generated debris by grinding or by incineration U030 Debris Disposal (to Final Destination, Landfill)_le Cubic Yard FU031 Final disposal of reduced/compacted materials, 0-15 miles $5 40 U032 Final disposal of reduced/compacted materials, 16-30 miles Cubic Yard I $6 30 U033 Final disposal of reduced/compacted materials 31-60 miles Cubic Yazd L $7 20 ti034 Transporting processed debris to final disposal ( >60 miles) Disposal Tipping Fee is a pass -through cost Cubic Yard/Mile $0 38 U035 e Work consists ofpicx up and transport of reduced debns at a Count, approved TDSRS,o a final disposal facikty U036 Hazardous Stump Removal & Collection_lf Per Stump $150 00 U037 Stump extraction and hauling to TDSRS (> 24" to 36" diameter) U038 i Stump extraction and hauling to TDSRS (> 36" to 48" diameter) Per Stump $234 00 U039 Stump extraction and hauling to TDSRS (> 48" to 60" diametei) I Per Stump S330 00 U040 Stump extraction and hauling to TDSRS (> 60" to 72" diameter) Per Stump $420 00 U041 Stump extraction and hauling to TDSRS (> 72" diameter) Per Stump $540 00 U042 Bacisif'ill Material (Compatible soil to fill stump voids) Cubic Yard $18 00 U043 f Scope consists of removal and collection ofstumps partially uprooted in the ROW (per FEVA debris guidance spec fcatioms) Skimps to be properly identified certified and docutnerted per FFAIA gtadance by County or its representative U051 Hazardous Trees & Dangerous Hanging Lambs (Hangers)_fli TJ052 Pantally Uprooted Trees T3053 Trees on or in ROW, 6-12" diameter Per Tree $120 00 TJ054 Trees on or in ROW, 13-24" diameter Per Tree S225 00 U055 Trees on orinROW, 25-48" diameter Per Tree $780 00 U056 Trees on or in ROW, 49-72" diameter Per Tree $1,250 00 U057 Trees on or in ROW, >72" diameter Per Tree $1,650 00 U058 Hanging/Damaged branches and limbs (hangers) i Per Tree $195 00 U059 h Scope consists ? f removal of hazardous treesfrom puohc property or ROW or the overhanging portion of the ROW with placement of debris on ROW for collection and haul -off Diameter of identified trees measured at lleetfrom base All trees must be measurea and pre -approved for removal by County authorities Scope also utcludes removinghangmg limbs or partially broken li mbsfrom trees on ROW or limbs hanging over ROW and placing resultant debrs on the ROW for haul -off U060 Other Lrnit Services_11 Per Pound U061 Dead Animal Carcass hauling and disposal $3 90 U062 Household Hazardous Waste (HHW) removal and disposal Per Pound $16 15 U063 Hazardous, Toxic, Radiological Waste (HTRW) removal and disposal I Per Pound $330 00 U064 White Goads removal, collection and hauhng (to DMS/FDS) Eacm $82 80 UO65 Freon management & recycling (at work site/DMS/FDS, as apphcable) Each $82 80 U066 Electronic Waste (E-waste) removal (load, haul and dump at DMS/FDS [recycler] with permissions) Each $90 DO 591884 Page 30 of 75 County of Orange, OC Public Works AshBritt, Inc. Contract M4-080-11010203 Attachment B Contractor's Pricing U067 Broken Concrete removal (load, haul and dump at DMS/FDS [recvcler] with permissions) Cubic Yard $34 20 U068 Sand collection and screening and/or beach restoration Cubic Yard See Sched 3 U069 Bank/Canal Restoration (to include all necessary equipment/materials) Linear Foot $42 00 U070 Storm Sewer and culvert cleaning (to include all necessary equipment/matenals) Linear Foot $38 40 U071 Abandoned Vehicle Removal (tow/transfer passenger velucle)_/* Each $300 00 U072 Abandoned Vehicle Removal (tow/transfer recreational vehicle up to 24')_t* Each $474 00 U073 Operation of secure aggregation site for vehicles and vessels Day $ It 920 00 U074 Storage of each -light and medium duty vehicle and/or vessels Day $114 00 U075 Derelict/Sunken Vessel Removal (from marine environments)_/* Foot See Sched 3 U076 Inspection Tower (Temporary Debris Management Site) Each $4,200 00 U077 Hazardous Waste Containment Area Construction (as applicable, TDSRS, DMS) 'Each $12,000 00 U078 ) Some special unit services (*) may require unique considerations with resDects to scope of work as they may require unexpected additional effort As such at the discretion of the County and Contractor further negotiation may be needed on a case by case basis Personnel, Equipment and Materials (Emergency Push/Mzsc. Services) - Price Schedule (Schedule 2a) No Service Description Size or Type_/a Unit Unit Price H000 Heavy Equipment (Operator, fuel, maintenance included) H001 Skid -Steer Loader (Mini -Loader) Bobcat 753/Cat 216/JD 313 Hour $90 00 H002 H003 Extendaboom Forklift w/ debris grapple Backhoe Wheel Loader 1 0-1 5 CY - Bobcat V638/CatTL642 Cat 416E Hour Hour $126 00 $110 00 H004 H005 Backhoe Wheel Loader, 2 0-3 0 CY Backhoe, Extend -a -hoe 1 0 CY, 4WD, extendable) Cat 430E JD310J/Cat 420E Hour Hour $132 90 $110 00 H006 Wheel Loaders, 1 0-1 5 CY Cat 908/JD 304/Case 321 Hour $114 00 H007_ Wheel Loaders, 2 5-3 0 CY Cat 930/JD 544//Vol L70 Hour - $144 00 H008 Wheel Loaders, 3 0-4 5 CY Cat 950/JD 644 Hour $175 00 H009 Wheel Loaders, 4 5-6 0 CY Cat 966/JD 744/Vol L150 Hour $190 00 H010 Wheel Loaders, 6 0-7 0 CY Cat 980/JD 844/Vol L180 Hour $210 00 H0l 1 Tracked Loader (Trackhoe w/ misc attachments) Cat 3205D 690/Kob ED190 Hour $174 00 H012 Knuckieboom Loader Truck (Self -Loading) 35-45 CY Body Hour $200 40 H013 Dozer, Tracked Cat D4 Hour $135 00 H014 Dozer, Tracked Cat D5 Hour $145 00 H015 Dozer, Tracked Cat D6 _ Hour $150 00 H016 Dozer, Tracked Cat D7 Hour $181 25 H017 Dozer, Tracked Cat D8 Hour $212 50 H018 Dozer, Tracked Cat D10T Hour $462 00 H019 Hydraulic Excavators 1 5 CY Cat 320 Hour $1'60 00 H020 Hydraulic Excavators, 2 5 CY Cat 325 Hour $175 00 H021 Hydraulic Excavators, 3 5> CY Cat 330 Hour $195 00 14022 Excavator/Trackhoe, Rubber Tire (w/ debris gia le) Cat 315C/JD 160C/Vol EC160 Hour $165 00 591884 Page 31 of 75 County of Orange, OC Puhlzc Works AshBi itt, Inc Contract MA-080-11010203 Attachment B Contractor's Pricing H023 I Tractor w/ Box Blade (30-70 Hp) JD 210L/Case 570M Hour $62 50 H024 Motor Grader (w/ min 12' blade) Cat 120G/125 (140 H) Hour $154 80 H025 Off Road Truck 15-20 cy, 24MT) Cat 725/JD 250D/Vol A25 , Hour $198 00 H026 30 Ton Crane Terex RT 335 (30MT), equal 'Hour $243 75 H027 50 Ton Crane Terex RT 550 (50MT), equal Hour $312 50 H028 100 Ton Crane (8 hr minimum) Terex HC110, KobCKI000 Hour j $435 00 H029 Bucket Truck Up to 50' reach Hour $168 75 H030 Bucket Truck 40'to75'reach Hour $18750 H031 Trash Transfer Trailer w/ Tractor 110 Yard Hour $160 80 H032 Mechanized Broom Street Sweeper Hour $97 20 H033 Water Truck 2000 Gallon Hour $109 20 H034 Service/FuelTruck Multi Hour $10200 H035 Soil Compactor 81 HP+ Case/Cat(W acker Hour $97 20 H036 Soil Compactor 80 HP Case/Cat/Wacker Hour $90 00 H037 Soil Compactor, Towed Unit Wacker Hour $28 80 H038 Stump Grinder (30" diameter or less) Vermeer 252 Hour $109 20 14039 Stump Grinder (greater than 30" diameter) Vermeer 752 Hour $154 80 H040 Stump Grinder Vermeer 60TX Hour $174 00 H041 Clipper w/ 2 man crew Morbark Storm Hour $160 80 H042 13-Foot Tub Grinder Morbark 1300/850 HP Hour _ $57.0 00 H043 14-Foot Tub Gnnder Diamond Z 1463/ 1600 HP Hour $630 00 H044 Air Curtain Pit Burner (Self-contained) N/A Hour $62 40 H045 An Curtain Refractory Incinerator N/A Hour $90 00 H046 1 12T Lowboy Trailer (Equip Transport w/ Tractor) 12 Ton Hour $70 80 H047 35T Lowbov Trailer (Equip Transport w/ Tractor) 35 Ton Hour $114 00 H048 50T Lowboy Trailer (Equip Transport w/ Tractor) 50 Ton Hour $156 00 H049 Truck MountedWin,-h Tow Truck Hour $11400 H050 Lou. Skidder Cat 525B/JD 648E/G III Hour $210 00 H051 Waste Collection Rear Loader Truck N/A Hour $174 00 H052 Vacuum Truck/Jetter 3500 Gallon Hour $330 00 H053 Crash Truck w/Im act Attenuator N/A Hour $135 60 H054 Power Screen N/A Hour $122 40 H055 Stacking Convevor N/A Hour $32 40 H056 Hauling Vehicles (Operator, fiel, maintenance included) H057 Dump Truck 5 to 15 CY Hour $66 00 H058 Dump Truck 16 to 24 CY Hour $90 00 H059 Dump Truck 25 to 34 CY Hour $100 00 H060 Dump Truck (Trailer Dump w/ Tractor) 35 to 44 CY Hour $110 00 H061 Dump Truck (Trailer Dump w/ Tractor) 45 to 54 CY Hour $120 00 14062 Dump Truck (Trailer Dump w/ Tractor) 55 to 64 CY Hour $140 00 H063 Dump Truck (Trailer Dump w/ Tractor) 65 to 74 CY Hour $150 00 H064 Dump Truck (Trailer Dump wi Tractor) > 75 CY Hour $150 00 H065 W alkmg Floor Trailer w/ Tractor 100 CY Hour $156 25 591884 Page 32 of 75 County of Orange, OC Public Works AshBrrt4 Inc Contract AL4-080-11010203 AuachmentB Contractor's Pricing H066 Transportation Vehicles (Operator, fuel, maintenance NOT included, loaned vehicles, insurance included) H067 Pickup Truck 1/2 Ton Day $45 00 H068 Pick-up Truck 3/4 Ton Day $45 00 H069 Pickup Truck 1 Ton (4x4) Day $65 00 H070 Box Truck 3/4 Ton Day $122 40 H071 Utility Van 3/4 Ton Da $90 00 H072 Passenger Van 9 Passenger Day $84 00 H073 Passenger Car Full size Day $61 20 H074 Response Trailer 20 Foot Day $168 75 H075 Response Trailer 30 Foot Day $168 75 H076 Flatbed Trailer (40 ft) GWV to 450 Day $102 00 1-I077 Personnel/E ui ment Individual Hour $85 00 H078 Project Operations Manager H079 Superintendent with Cell/Truck Individual Hour $90 00 H080 Supervisor with Cell/Truck Individual Hour $84 00 H081 Foreman with Cell/Truck Individual Hour $70 00 H082 Inspector with Cell/Vehicle Individual Hour $51 00 H083 Health/Safety or QC Manager with Pickup Truck Individual Hour $78 00 H084 Safety Superintendent Individual Hour $66 00 H085 Mechanic with Truck and Tools Individual Hour $70 00 H086 Climber with Gear Individual Hour $102 00 H087 Labor/Operator with Chamsaw/Tools Individual Hour $54 00 H088 Laborer with Tools Individual Hour $39 00 H089 Traffic Control Personnel Individual Hour $36 00 H090 Ticket Writers Individual Hour $36 00 H091 Survey Personnel with Vehicle Individual Hour $45 60 11092 Project Engineer Individual Hour $114 00 H093 Equipment Operator Individual Hour $66 00 H094 Truck Driver Individual Hour $54 00 H095 Administrative Assistant Individual Hour $33 00 H096 Clerical Individual Hour $29 00 H110 Marine Resources (Fuel, maintenance included) Hill 56' Shallow Draft Landing Craft with Crane Crew of 2 Day $7 560 00 H112 40' Sectional Barge w/ Mounted Excavator & Push boat With 2 man Crew Day $8,400 00 H113 33' Fast Bare with Winch Crew of 2 Day $5,040 00 H114 14' Utility Boat with Motor (Work Boat) W ith 2 man Crew Da $2,016 00 HI 15 12' Unhty Boat with Motor (Work Boat) With 2 man Crew Day $1,344 00 H116 12' Utility Boat without Motor (Work Boat) With 2 man Crew Day $1,008 00 H117 Tank Diver with Gear Individual Hour $201 60 H118 Hardhat Diver with Gear Individual Hour $840 00 H119 Scuba Bottle Refill (Air) 80 Each $20 40 H120 Air Pump with multi breathmg lines Brownie Lung Day $672 00 H 121 Miscellaneous EquipmenvTtems (Fuel, maintenance included, where a placable) H122 Transfer/Tow, handle of Typical Passenger Vehicle 2 Axle/4 Wheel (1Ton) Each $234 00 H123 Transfer/Tow, handle of Recreational Vessel Up to 24' in length Each $390 00 H124 I Transfer/Tow, handle of Recreational Vessel 24 F to 48' in length Each $510 00 591884 Page 33 of 75 County of Orange, OC Public Works Conti act AIA-080-110I0203 AshBritt, Inc AttachmentB Contractor's Pricing H125 Traffic Control Temp Single Lane Closure N/A Hour $174 00 14126 Traffic Control Temp Road Closure N/A Hour $354 00 14127 Weighing Scales, Truck, Certified Portable Hour $66 00 H128 Light Tower (Portable light plant w/ Generator) w/ Generator Hour $42 00 H129 Office Trailei 40 Foot Day $200 40 H130 Storage Container 40 Foot Day $12240 HL31 Portable Eyewash Station OSHA Spec Day $45 60 H132 First Aid Station OSHA Spec Dav ! $150 00 H133 Portable Toilet (Port a John) Single Week S330 00 H134 Observation Tower USACE Spec Each $4,200 00 Notes a Listed equipment type or equivalent (various manutacnires) 1 Day rate represents 10 Lour day (rmmmum) 2 Fuel surcharges may apply (negotiable at time of NTP) Beach Restoration, Canal Work, Waterways & Sunken Vessel Removal - Price Schedule (Schedule 3) BeachlEake Restoration No Description Unit Price moo Collection of debris -laden sand from ROW hauling to the processing screen and sand pile maintenance Up to 15 mile haul to screen per Cubic $12 00 Debris from screen to be hauled by cubic yard Yard debris rate in contract M002 Berm/Beach Construction shall include transportation of screened sand to beach from screening site, including shaping of material per Cubic $1200 on emergency berm To include stockpile Yard maintenance Up to 15 miles haul from screen N1003 Scrape and screen shall include the collection of debris laden sand from beach, processing it Per Cubic through screen, returning sand to beach and $12 00 spreading sand on beach Work to be Yard performed on beach Bank/Canal Work 1v1004 1v1005 a Umt Price Bank/Canai Shoreline Restoration Per Linear Foot Note To include any necessary excavation. compaction, fill and backfill of embankment soils ana seeding, materials to restore banks to preexisting conditions insofar ds possible Canan, lanne Debris Removal (Land Per Cubic Based)/a Yard 591384 Page 34 of 75 $35 QQ $42 00 County of Orange, OC Puhhc Works Contract MA-080-11010203 AshBritt, Inc Attachment B Contractor's Pricing M005b Derelict/Sunken Vessel Removal Canal/Marme Debris Removal (Marine Per Cubic $594 00 Based)_/a Yard Note Removal of storm generated debris from manne environments including streams, canals, and waterfronts by applicable land -based or manne-based processes a Price negotiated for special circumstances for canal and manne debris removal (incident specific) No Descn tion Unit Price M006 Marine Salvage Operations Per Linear Foot hiw� M006a Less than 20 feet $335 00 M006b 20 to 25 feet $370 00 M006c 25 to 30 feet $430 00 M006d Greater than 30 feet By Case M007 Land Based Salvage Operations Per Lineari'. Foot ,1sir M007a Less than 20 feet $162 50 M007b 20 to 25 feet $234 00 M007c 25 to 30 feet $357 50 M007d Greater than 30 feet By Case Note Large vessels, houseboats or vessels withm environmentally sensitive areas may require unexpected additional effort Work may be negotiated on a case -by -case basis under such conditions Note Fuel surcharges inav apply (negotiable at time of Note Fuel surcharges may apply (negotiable at time of NTP) NTP) Enter,eency Dnnkin z Water, Ice Supply & Supplemental Foods - Price Schedule (Schedule A) Drinking Water No Description Unit Prices EW01 8 45 OZ (250 mL) Units - 27 Umts/Case (9 x 3 Packs/case) 1135 Cases/Pallet Cases Pallets Pnce/Case Per Unit Per Pallet EW01a 135-675 1-5 $ 815 $ 030 $ 1,10025 EW01b 810-1350 6-10 $ 785 $ 029 $ 1,05975 EW01c 1485-1500 11-20 $ 765 $ 028 $ 1,032 75 EW 02 1 Liter (1000mL) Units - 12 Umts"Case 75 Cases/Pallet Cases Pallets Pnce/Case Per Unit Per Pallet EW02a 75-375 1-5 $ 963 $ 0 80 $ 722 14 591884 Page 35 of 75 County of Orange, OC Public Works Contract AL4-080-11010203 AshBr:tt, Inc Attachment B Contractor's Pricing EW 02b 1 450-750 6-10 S 920 S 0 77 $ 68985 EW02c 825-1500 11-20 S 895 S 0 75 S 671 40 Note Prices are F 0 B Miami, FL or West Palm Beach FL Ice Supply No. Description Unit Price EI01 Packaged Ice Delivered (3, 5, 7 lbs) Per pound $ 051 EI02 Packagea Ice (10 lbs) Per bag S 469 E103 Packaged Ice (20 lbs) Per bag S 699 E-I04 Additional Ground Mileage Per mile $ 3 32 EI05 Standby Time in Excess of 2 Hours (Demurrage) Per hour S 87 75 Supplemental Food Sources (31RE) No Description Unit Price ENT I0I 1 Meals Ready to Eat (MRE Regular) Per meal $ 728 (8oz Entree +Heater Element-72/Case) EM02 2 Meals Ready to Eat (MRE De Luxe) Per meal $ 13 25 (8oz Entree, 1 Drink, 1 Fruit Cup +Heater Element- 121Case) 1 Sun Meadow Hot Meal (Entree w/ One EM03 heater) meal $ 660 2 Sun Meadow Hot Meal Pack (Meal One EitiiO4 kits) meal S 1095 EN105 3 Sun Meadow 3-meal Pack Per pack S 8 75 Portable Torlets/Handivashing Stations No Description Unit Price Per EPH01 Mobile Toilet Unit (9 Stall bare) week $ 17,960 00 General Notes Trucking and storing of above listed food items shall be invoiced at actual cost 1 As ice and water represent scarce commodities following a storm event, specific terms and conditions shall be included as part of an executed contract These terms and conditions are available for review at your request 2 Prices are valid for an annual term, at which time prices require renegotiation 3 Ice supply subject to availability Every effort will be made to deliver packaged ice in the quantities specified and to the delivery s.res specified as timely as possible Minimum quantities required Product Standards Ice provided under this contract shall be (1) manufactured within no more than 120 calendar days of the date of delivery, 591884 Page 36 of 75 County of Orange, OCPublzc Works Contract MA-080-11010203 AshBrltt, Inc. Attachment B Contractor's Pricing (2) tube or crushed ice (block or shaved ice is not used), (3) manufactured in compliance with the Food and Drug Administration (FDA) (4) manufactured by ice plants that use source water from a public water supply which is currently in compliance with the National Premium Drinking Water Regulations (NPDVV-R) of the Safe Drinking Water Act (SDWA) and which achieved that compliance without an exemption under the SDWA, and (5) produced, packaged, transported, stored and handled in accordance with all applicable Federal, state and local laws and re gul ations Packaging Ice shall be sealed in 5 to 20 pound plastic bags and stacked on pallets Each pallet shall contain 2,000 pounds, net weight, of ice A protective layer (slip sheet) of thick paper, plastic (6 mil) or waterproof corrugated cardboard shall be placed between the stacked ice and the pallets Pallets of packaged ice will be fully covered on all four (4) sides with a mimmum of four (4) layers of shrink wrap All pallets shall be 4' x 4' nominal, constructed of hardwood, designed for pickup on all four sides and repeated use with a 2,000 lb load Each pallet is packaged to withstand severe climatic conditions Note Fuel surcharges may apply (negotiable at time of NTT) Disaster Response Man Camps/Comfort Services - Price Schedule (Schedule B) Emergency Sleeping Quarters 1 — 168-3,fan Dormitory Structure Wood Floor w/ New Carpeting Air Conditioning/Combination Heating Units Power Generation Metal Halide Lighting Package 168 Mil -Spec Cots 2 — Personnel Doors Up to 4 Weeks Rental Dining Facilities 1 — Dining Structure for 500 Wood Floor w/ EventPro Flooring Air Conditioning/Combination Heating Units Power Generation Metal Halide Lighting Package 2 — Personnel Doors 64 — 8' Banquet Tables 512 Folding Chairs Up to 4 Weeks Rental Unit Rental Price 174,104 04 Unit Rental Price 1048 591884 Page 37 of 75 L U1ViUUI 1 — 200-Man Tension Tent Wood Floor w/ New Carpeting Air Conditiomng/C ombinatio n Heating Units Power Generation Metal Halide Lighting Package 200 Mil -Spec Cots 2 — Personnel Doors Up to 4 Weeks Rental Unit Rental Price 201 1 — Dining Structure for 350 Unit Rental Price Wood Floor w/ EventPro Flooring $ 99,824 34 Air Conditioning/Combination Heating Units Power Generation Metal Halide Lighting Package 2 — Personnel Doors 44 — 8' Banquet Tables 352 Folding Chairs Up to 4 Weeks Rental County of Orange, OC Pubhc Works Contract M4-080-11010203 AshBntt, Inc Attachment B Contractor's Pricing Restroom Facilities Option I (1IC03) Canip Service Facilities No Units for Rental Price Portable Toilet Facilities MC03a 150-Person Camp $ 25,887 61 Daily Cleaning & Service MC03b 250-person Camp $ 55,420 20 4 Weeks Rental MC03c 500-Person Camp 'a $ 138 550 50 Shower Facilities U tion 1 ('V1(.U4) 1 - 16 Head Shower Trailer Unit Unit Rental Price Provides Shower Service (for 500 persons) _/b $ 253,550 00 Each Unit Contains Private Changing Stalls & 36" Y 36" Shower Stalls Propane -fired boiler system On -board water storage Air Conditioning Trash Receptacles Up to 4 Weeks Rental Laundry Facility option 1 (1V1(_U_)) 1 —10 Unit Laundry Trailer Unit Rental Price Each Unit Contains (for 250 persons) _/c $ 259,187 50 Top Load Washer Units Front Load Dryer Units Hot and Cold Water Air Conditioning Folding Table Trash Receptacles Up to 4 Weeks Rental Notes a For Restroom Facilities for 500 person per day full service $40,177 50 per week for first week, $32,791 00 for each additional week b For Shower Facilities (16 Head) for 500 person per day full service $68,915 00 per week for fast week, $61,545 00 for each additional week c For Laundry Facilities (16 Head) for 500 person per day full service $ 70,345 00 per week for first week, $62,947 50 for each additional week Man Camp Services No Rate Provided by others or Site Preparation MC06 incident specific lump sum Fuel foi Generators NIC07 See Schedule D Provided by others or Fresh Water Supply MC08 incident specific lump sum Provided by others or Grev and Black Water Removal MC09 incident specific lump sum Special Emergency Services No. Rate Emergency Clinics and Support Personnel MC10 Provided by others Notes All pricing above assumes services for disaster/emergency situations All pricing is for a minimum one -month rental except where noted above Quote includes all non -union labor and equipment needed for installation and take down of structures Quote assumes staking into level asphalt or grass surface provided free of obstruction with direct semi -truck access within 50' of work site Applicable sales taxes, permits, and fuel surcharges are not included This proposal is subject to equipment availability at the time the notice to proceed is issued Note Items subject to availability Fuel surcharges may apply (negotiable at tune of NTP) 591884 Page 38 of 75 County of Orange, OCPubhc Works Contract MA-080-11010203 AshBM4 Inc Attachment B Contractor's Pricing Ememencv Power Generation - Price Schedule (Schedule C) Rental Per Week No Units (Generator Size) Per Week GOO 25 kW Generator $ 1,80000 G002 56 kW Generator $ 2,825 00 G003 100 kW Generator $ 3,195 00 G004 175 kW Generator $ 5,40000 G005 250 kW Generator $ 9,27500 G006 320 kW Generator $ 8,80000 G007 500 kW Generator $ 11,200 00 G008 800 kW Generator $ 17,500 00 G009 1000 kW Generator $ 20,000 00 GO10 1500 kW Generator _ $ 26,500 00 *Additional equipment rates available upon request Notes- I Transportation and fuel charges not included 2 Usage charge is calculated from "portal to portal' 3 Hookup/disconnnect, cables and distribution boxes not included 4 Minimum usage charge of 1 week 5 Includes service and maintenance 6 Client agrees to start billing upon NTP regardless of signature on delivery at destination No Week Month G050 _ Tails $ 1415 $ 2122 G051 Cables (400 amp) 50ft $ 17681 $ 53044 Note Items subject to availability Fuel surcharges may apply (negotiable at time of NTP) Emer:encv Fuel DeliverPAMlanagement - Price Schedule (Schedule D) No Item/P to went Description Rental/La bor Rate Unit F001 550 gallon dual wall tank Portable Storage Tank (Secondary Containment) $102 38 Per day F002 1 000 gallon single wall tank Portable Storage Tank - $163 90 Per day F003 1 000 gallon dual wall tank Portable Storage Tank (Secondary Containment) $191 40 Per day F004 6,000 gallon or greater tank Portable Storage Tank $204 75 Per day F005 12 Volt Fill -Rite Pump_ Fuel Pump 13 GPM, includes nozzle $27 30 Per day F006 Portable Tank Dehvery/Pick-up Delivery/Pickup Charge $204 75 Per hour F007 i Portable Tank Cleanout Fee Cleanout of portable tank (if required) $546 00 Per service F008 Truck with Man Transport Truck w/trailer or Bobtail Truck $252 66 Per hour* F009 Fuel Tank Trailer Only 7 500 to 8,500 gal capacity $819 00 Per ddv 591884 Page 39 of 75 County of Orange, OC Public Works Contract MA-080-11010203 AShBritt, Inc. Attachment B Contractor's Pricing Per 17O10 Mobile Fuel Station 12,000 Gal capacity on trailer S389 40 hour* FOl 1 Frac Tank 20,000 gallon frac tank $273 00 Per day F012 Labor Man to operate fuel station or tuel vehicles $102 38 Per hour Note Additional Storage Tanks ranging from 250 to 20, 000 gallons are available upon request * Requires 24 hour minimum Purchase No Item Description Price /b Umt OPIS Rack Daily Average Price l Per F100 Fuel Gasoline/Diesel/Aviation Fuel $0 85 gallon Notes a RentaUZabor Rate begins when equipment or labor leaves the facility and ends upon its return to the same facility Reasonable lodging expense may apply b Fuel rate based on daily published average gasoline and diesel rack prices from Oil Price Information Service Net (OPISNet com) for Houston, Texas (OPIS rack city) plus applicable federal, state and local taxes, delivery, administration and overhead costs Aviation fuel based on OPISNet Jet Fuel Report for Gulf Coast Market (5 Day Average), plus applicable fees, federal, state and local taxes Description of service A self contained generator powered system designed to meet the emergency fuel response needs of government and commercial entities This unit combines high volume fuel dispensmg capabilities along with maximum portability features Features -Total fuel storage capacity -12,000 gallons (One I OK tank and two 1K tanks) -Tanks are dual walled (secondary containment) & are Flameshield NFPA 30 rated -Mounted on a 53' drop deck trailer -Six high volume fueling points with hoses on reels -Fueling points have meter registers -Grounding cable for vehicle re- fueling •20KW diesel generator -Lights for night fueling -No special transportation permits required -Equipped with spill response kits -Air compressor -Lubricants storage tank with dispenser Note Equipment/Units subject to availability Emergency Satellite Telephone/Communication Services -Price Schedule (Schedule E) Satelhte Phone Service No Description Rate Unit SAT01 Per Satellite $175 00 Per week 591884 Page 40 of 75 County of Orange, OCPubhc Works Contract MA-080-11010203 AshBrzt4 Inc Attachment B Contractor's Pricing Phone Usage Cost, Per SAT02 per phone $3 50 minute Satellite Internet Service Self -Contained Trailer Equipment Monthly No. Duration Cost INTO1 3 month $5,405 24 L IT02 6 month $4 052 24 MT03 9 month $2,699 24 INT04 12 month $1.346 24 Bandwidth Monthly No Service Cost Disaster L IT20 Response $2,231 10 Bandwitdth Upload Download VoIP No Service Contention (Kbps) (Mops) Imes Users Disaster INT21 Response 10 768 2 6 10 to 20 Descnption of services Self-contained trailer auto deploy This unit was designed to be a self-contained mobile unit that is weathenzed This unit is ideal for businesses that need ultimate mobility with rapid deployment The following equipment comes standard on each unit 4'x 6' enclosed trailer 9,000 watt electric start generator Andrew Smart -Ad 3 watt 12 meter auto deploy satellite earth station VSAT 3100 internet modem Motorola HotZone Duo Mesh Wireless Router (MWR) Universal power controller battery backup Self-contavmed trailer mounted This unit was designed to be a self-contained mobile unit that is weatherized The following equipment comes standard on each unit- dish 4'x 6' enclosed trailer 9,000 watt electric start generator Andrew 4 watt 1 2 meter satellite VSAT 3100 internet modem 4'x 6' enclosed trailer 9,000 watt electric start generator Andrew 4 watt 1 2 meter satellite dish VSAT 3100 internet modem 591884 Page 41 of 75 County of Orange, OC Puhlzc Works Contract AIA-080-11010203 AshBrat, Inc AttachmentB Contractor's Pricing Motorola HotZOne Duo Mesh -Motorola HotZone Duo Mesh Wireless W fireless Router (MWR) Router (MWR) Universal power controller battery Universal power controller battery backup backup The following services are available within the program Broadband Internet Canopy Networks VoIP Telephone and Fax Cell Phone Repeaters Each satellite unit will be equipped to provide wireless broadband internet The units are scalable so that additional wireless access points can be added Each unit will have sufficient bandwidth to easily support 15 concurrent internet users from the base system It necessary, additional units can be brought in to support a larger camp population Voice-over-internet protocol ("VOIP") telephone and fax service will be available as an optional service with each satellite unit This service can handle one to eight voice lines per unit Cell phone repeaters for Nextel and Cingular networks are also available as an optional item Note Services subject to availability Altemative configurations may be substituted Temporary Office Trailers, Mobile Command Center - Price Schedule (Schedule F) Office Trailers Single Unit Dimensions W idth = 8', Unit Length = 20' No. Category Rate Unit OT01a Setup Fee $ 1,48523 One time Per OT01b SingleUmt $ 51610 month Single Unit Dimensions Width = 8', Unit Length = 28' No Category Rate Unit OT02a Setup Fee $ 1,653 12 One time Per OT02b Single Unit $ 63034 month Single Unit Dimensions Width = 10', Unit Length = 24' No Category Rate Umt OT03a Setup Fee $ 2 202 01 One time OT03b Single Unit $ 79834 Per month 591884 Page 42 of 75 County of Orange, OCPubhc Works Contract MA-080-110I0203 AshBrit4 Inc. Attachment B Contractor's Pricing Chemical Toilets Price Schedule No. Description Rate Unit Per POJO1 Port-o-let (per unit) $ 1,84800 month POJ02 Port-o-let (per unit) $ 7260 Per day Mote Plus $4 25 per mile delivery Set up, daily service, equipment rental, and pick up/breakdown included Misc Office Supplies No Description Rate Unit OSO1 Phone $ 1964 Each OS02 Fax $ 8894 Each OS03 2 x 2 way radio $ 3465 Each OSO4 Desktop Copier $ 22523 Each OS05 Folding Chair $ 4043 Each OS06 Folding Table $ 98 18 Each OS07 Small Refrigerator $ 323 40 Each Emerzeney Pumptn_Z Units - Price Schedule (Schedule G) Rental Per Hour/Day (Basic Package) No Description (Pump Size) Rate (Per Da) Rate (Per Hour) la EP001 4" Trash Pump -Package $ 1,08905 $ 9075 EP002 6" Trash Pump Package _ $ _ 1 65485 $ 13190 EP003 6" Hydraulic Pump with Power Pack $ 1,21670 $ 10139 EP004 8" Hydraulic Pump with Power Pack $ 1,818 15 $ 15151 EP005 10" Hydraulic Pump with Power Pack $ 2,29925 $ 19160 EP006 12" Hydraulic Pump with Power Pack ib $ 2,69595 $ 22466 EP007 _12" Centrifugal Pump u to 115 ft total head) ib $ 1,87000 $ 155 83 EP008 18" Centrifugal Pump (up to 200 ft total head) ib $ 2,81000 $ 23417 EP009 24" Axial Flow (up to 120 ft total head) / $ 3 14500 4 $ 26208 Notes: 1 Transportation, mobilization/demobilization charges not included 2 Includes suction and discharge hoses 3 Includes installation, service and routine maintenance 4 Pump watch services, as applicable, $910 00 per day per pump 5 A mmnnum pump usage charge of 12 hours (day rate) will be effective upon official client Notice to Proceed, Task Order, Purchase/Deployment Order or work area relocation request or other reasonably unnecessary interference (once deployed) whether pumps are operational or not (with the exception of routine maintenance and/or pump or operator failure) Pump downtime attributed to client relocation requests or cease orders to accommodate some other activity will be a considered a billable hour 591884 Page 43 of 75 County of Orange, OCPublic Works Contract MA-080-11010203 AshBritt, Inc Attachment B Contractor's Pricing 6 Surplus pumps officially authorized for deployment by the client and not utilized will be subject to a mimmum usage charge 7 Items subject to availability a Rate per day is effective rate per 12 hour period b Ten (10) day minimum applies to pump services Note Fuel surcharges may apply at cost (negotiable at time ofNTPfWork Order as applicable) Dryin,- In, Decontamination, :Mold Remediation, Restoration - Price Schedule (Schedule H) Catego neslDescriptions No Labor Unit Rate REM001 Project Consultant (PC) Hour $159 00 REY1002 Project Executive (PE) Hour $128 00 REM003 Project Manager (PM) Hour $77 00 RE4004 Health & Safety Officer (HSO) Hour $77 00 REM005 Techmcal Specialist (Superintendent) (TS) Hour $70 00 REM006 Drying Technical (DT) Hour_ $70 00 REM007 Equipment Operator (EO) Hour $57 00 RE14008 Remediation Worker (RW) Hour $48 00 REtti1009 General Labor (GL) Hour $37 00 REIv1010 Field Auditor (FA) Hour $51 00 No Supplies/Consumables Unit Rate REM020 Adhesive Remover Gallon $98 00 REN4021 Anti -Microbial Coating Gallon $83 00 REMO22 Anti -Microbial Disinfectant (Concrete Pre Mixed) Gallon $5 00 REM023 Anti -Microbial Disinfectant (MicroBan RTU) Gallon S57 00 REM024 Bags, Trash _ Roll _ $96 00 REM025 Bags Trash Environmental Roll $108 00 REM026 Box, Storage Cardboard Each $9 00 REM027 Brush, Long Handle/Scrub Each $11 00 REM028 Camera (Disposable, 27 exp includes development) Each $38 00 REM029 Cleaner, General and all purpose Gallon $31 00 REM030 Cleaner, Electronic Grade Gallon $64 00 REM031 Decontamination Unit, Disposable Each S426 00 REM032 Duct, I ay Flat (500') Roll $478 00 REM033 Fuel Gallon See Sched D REM034 Negative Air Filters (Prefilters) Each $4 00 REM035 Negative Air Filters (Pleated) Each $8 00 REM036 Negative Air Filters (Main HEPA) Each $230 00 REM037 Poly Sheetmg, Fire Retardant Roll $128 00 RF-M038 Poly Sheeting, Reinforced Roll $191 00 REM039 Rags, Cotton Cloth Box $64 00 REM040 Respirator Cartridges, Negative Pressure (Half -Face) Pair $13 00 REM041 Respirator Cartndge PAPR (Full -Face) Each $16 00 591884 Page 44 of 75 County of Orange, OCPuhlzc Works Contract MA-080-11 010203 AshBrut, Inc AttachmentB Contractor's Pricing REM042 Spray Bottle w/ Tngger Each $4 00 REM043 Sprayue _ Can $3 00 RENI044 Sponges, Soot Absorption Each $3 00 REN1045 Suit, Disposable _ Each _ $3 00 REN1046 Suit Tyvek Each $8 00 REM047 Tape, Duct Roll $7 00 REM048 Terry Wipes Pound $8 00 REM049 Towels Case $38 00 No Drymg Equipment Umt Rate REM070 Dehumidification Unit (50cfm-100cfm) Each $91 00 REM071 Dehumidification Unit (110cfm-200cfm) Each $149 00 RFM072 Dehumidification Unit (220cfin-300cfm) Each $175 00 REM073 Dehumidification Unit (500cfm-600cfm) Each $382 00 REM074 Dehumidification Unit (1000cfm) Each $667 00 REM075 Dehumidification Unit (2000cfm-2250cfm) Each _ $1,289 00 REM076 Dehumidification Umt (3500cfm) Each $259 00 REM077 Dehumidification Umt (4500cfrn-5000cfm) Each $356 00 RFM078 Dehumidification Umt (6000cfrn) Each $453 00 REM079 Dehumidification Unit (8500cfm) Each $1,133 00 REM080 Dehumidification Unit (15,OOOcfm) Each $324 00 No Miscellaneous Equipment Unit Rate REM100 40 Ton AC Unit Each $1,049 00 REM101 100 Ton Chiller Unit _ Each $1,159 00 REM102 200 Ton Chiller Unit Each $919 00 REM103 Air Compressor, (110 psi) Each $39 00 REM104 Air Compressor (125 psi) Each $220 00 REM105 Air Mover Each $32 00 REM106 Buffer, Floor Each $39 00 RFM107 Cart, Tilt/Demolition _ Each $26 00 REM108 Dolly, 2-Whl/4-Whl/Dnn/Whlbr Each $6 00 REM 109 Electrical Dist Panel (Spider Box) Each $71 00 REM 110 Electrical Kit (Ext Cord GFI, Sure Protcctor Each $6 00 REM 111 Extraction Unit (Portable) Each $162 00 REM112 Extraction Unit (Trailer) Each $583 00 REM113 Filtration Unit Each $32 00 REM114 Fire Extinguisher Each $5 00 REM115 First Aid Kit Each $3 00 RENII 16 _ Floor Kit (Mop, Bucket, Broom, Rake Scraper, Wrecking Bar, Etc) Each $16 00 REM117 Freight Each $4 00 REM118 HEPA Filtration Unit (10 000cfm) Each $389 00 REM119 HEPA Filtration Unit (2,OOOcfm) Each $123 00 REM120 Light, Portable Each $3 00 REM121 Light_ Stand Each $19 00 REM122 Light, String Each $13 00 REM123 Mobile Command Center Each $576 00 REM 124 Negative Pressure Recorder Each $65 00 REN1125 Ozone Machine Each $155 00 591884 Page 45 of 75 County of Orange, OC Public Works Contract iVA-080-11010203 AshBi itt, Inc. Attachment B Contractor's Pricing REM126 Power Hand Tools (Sawzall Circular Saw, Drill etc) Each $13 00 REM127 Pump, Small Each $52 00 REM128 Pump Flood Each $17500 REM129 Respirator, Negative Pressure (Half Face) Each $6 00 REM130 Respirator, PAPR (Full Face) Each $32 00 REM131 Radio, Job Site Each $13 00 REM132 Shower/Wash Station Each $19 00 REM133 Sprayer, Airless Each $84 00 REM134 Thermal Image Camera Each $65 00 REM135 Trailer Each S14900 REM136 Truck, 24ft Each $123 00 REM137 Truck, Pick -Up Each $84 00 REM138 Truck, Water Extraction Each $259 00 REMl39 Vacuum, (WeVDry) Each $32 00 REM140 Vacuum, HEPA Each $97 00 REN1141 Van/Bus Each $123 00 REM142 Vent/Wall Cavity Drying Unit Each $453 00 REM143 Wall Kit (Ladder, Fall Protection, Knives Etc) Each $13 00 REM144 Washer, High Pressure (5 000 psi) Each $227 00 REM146 Washer, HOTSY Each $259 00 Notes. 1 Work performed utilizing these rates shall be performed pursuant to the predefined Scope of Work being agreed to by both parties and any applicable Change Order contract modification being completed 2 Price Work performed hereunder shall be priced as indicated in the Contractor Rates, plus any applicable taxes 3 Overtime Rates County agrees that overtime rates will be billed by Contractor and paid by County based upon entitlement of employee notwithstanding where initial 40 hours, or any part thereof, were worked by employees for County on other projects 4 Consents and Permits Any federal, state, or local permits or consents required for the performance of the Work are the responsibility of the County, provided that if made a part of the Work, Contractor may obtain such permits and consents at County s expense Both Contractor and County will comply with all applicable governmental regulations, statutes, laws and ordinances 5 Disposal Disposal of any Hazardous Material (including specimens or samples) or any property that contains Hazardous Material, removed by Contractor under dus Agreement will be in the name of the County and under any applicable generator number or other identification assigned by the County 6 Labor Considerations A The labor rates stated above are per hour for the first 40 hours worked (or 8 hours a day in California or where mandated by prevailing wage requirements) in a week beginning on Monday B Labor rates for work performed over 40 hours in a week (or 8 hours a day in California or where mandated by prevailing wage requirements) will be charged at one and one -thud (1-1/3) times the stated hourly rates except where collective bargaining agreements or prevailing wage requirements mandate premium time to be paid Saturday, Sunday and Holidays In such an event, one and one-durd(1 - 1/3) time the stated rates or the multiplier mandated by prevailing wage requirements shall be applicable C Travel time will be charged, at stated hourly rates when employee lodging is more than 50 miles from the project location or when emergency conditions exist that result in one way travel time of 60 minutes or greater In either case, a imiurnum of one hour will be charged per individual, each way D All documented costs for other applicable travel costs (airfare, rental cars, cab fare, etc ) will be reimbursed to Contractor at cost E Per diem and lodging will be charged at a rate of $100 per employee, per day for all employee classifications 591884 Page 46 of 75 County of Orange, OC Public Works Contract MA-080-11010203 AshBri4 Inc Artachment B Contractor's Pricing F A minimum surcharge of $25 per hour will be added to the stated rates for any employee classification whereby their trade is covered by a collective bargaining agreement, or for any employee subject to prevailing wage rates G A Remediation Worker (RW) is defined as a person who utilizes a respirator to protect himself/herself from the potential exposure to any hazardous substance, including nuisance dust H Warehousemen and drivers supporting the on site work activity will be billed at the General Laborer rate 7 Equipment Rental Considerations 8 Items subject to availability Temporary Warehousink - Price Schedule (Schedule n Option I Storage Containers No Description Rate Umt TW001 40' Conex Box $3,150 00 Per month TWO02 20' Conex Box $2,100 00 Per month Note Transportation not included Option 2 Fabric Structures (Reinforced) No Description _ Rate Unit TWO03 82' w x 98' 1, 10' side, 23' peak Structure $14,283 99 First month TWO04 $13 224 96 Each additional month •S.'li _=�- ;a-,�_, _r--_ Ti` it y -TWO05 $ 6 099 75 Per month (6 mo min) No' Additional Accessories TW050 Gable vent fan $5,811 75 Per fan TW051 Manual roll -up door $4,520 25 Per door TW052 Single personnel door $2,324 70 Per door Note: 1 Transportation and installation are additional Structure ships on one tractor trailer and takes one-dav for install of frame, fabric and lights 2 Pricing is based on structure size Workable dimensions are customizable, so pricing will vary deepening on situational needs 3 Items subject to availability .Hazardous Materials General Labor - Price Schedule (Schedule J) No Title Level Abbr Rate Umt HZL01 Project Manager Upper Level ULM S216 85 Per hour HZL02 Mid Level Manager Middle Level MLM $161 30 Per hour HZL03 Professional Upper Level ULP $151 49 Per hour Middle Level MLP S11615 Per hour Lower Level LLP $92 32 Per hour HZL04 Technical Upper Level ULT $97 61 Per hour Middle Level MLT $73 66 Per hour Lower Level LLT $52 80 Per hour 591884 Page 47 of 75 County of Orange, OCPublic Works AshBritt, Inc Contract AM-080-11010203 Attachment B Contractor's Pricing HZL05 Secretanal/Clencal $33 00 Per hour HZL06 Equipment Operator $59 90 Per hour HZL07 Laborer $43 90 Per hour HZL90 Per diem $135 58 Per day Hazardous Materials EguipmentMatertals - Price Schedule (Schedule %) No Description Unit Rate HZMO1 250 gallon Poly Tank Day $111 00 HZM02 { Absorbent Boom -bags Each 5132 00 HZM03 Absorbent Pads - boxes Each 5138 00 HZM04 Air Compressor 185 cfm Day $130 00 HZM05 Au Compressor Small Day S63 00 HZM06 Air sampling Vacuum Pump Day $37 00 HZM07 Bladder Pump Day $99 00 HZM08 Cement - Bags Each $44 00 HZM09 Centrifugal Pump/Hoses Day $68 00 HZM10 Chain saws Day $78 00 HZM11 Coil Rope Each $37 00 HZM12 Concrete Saw Day $71 00 HZM13 Conductivity, ph, thermometer Set Day $30 00 HZ2M15 Core Drill w 6" bit Day $146 00 HZM16 Data logger with Transducers Day $188 00 HZM17 Disposable 1 micron Filter Each $26 00 HZM18 Dissolved Oxygen Meter Day $47 00 HZM19 Double Ring Infiltrometer Day $86 00 HZM20 Drum Roller compactor Hour $169 00 HZM21 Electric Hand Tools (dnll saw, sander etc) Ea/day $16 00 HZM22 Ex losimeter Day S32 00 HZM23 Gas Chromatogra h, portable Day $498 00 HZM1 24 Gi ound Penetratmb Radar Day { $1 039 80 HZM25 Hand Auger Day { $14 00 HZM26 Hand Tools per em loyee Day { $32 00 HZM27 Harbor Boom ft/day $3 00 HZM28 Hish Pressure Steam Cleaner Day $193 00 HZM29 Mini Excavator Hour $58 00 HZM30 Oil Water probe Day $50 00 HZM31 OVA Day $203 00 HZM32 Plate Compactor Da $127 00 HZM33 Ponar Dredge sampler Day $68 00 HZM34 Portable Light stand Day S63 00 HZM35 Portable Sampler (Peristaltic um) Day S68 00 HZM36 Safety Equipment Level C Day S78 00 HZM37 Safety Equipment Level D Day $156 00 HZM38 Sediment Sampler Day $40 00 HZM39 Street Sweeper Day $780 00 HZM40 { Surveying Equipment Day $58 00 HZM41 Teflon Bailer Day $11 00 HZM42 Teflon Tubing Foot $4 00 591884 Page 48 of 75 County of Orange, OCPuhhc Works AshBrdt, Inc Contract 141A-080-11010203 Attachment B Contractor's Pricing HZM43 Traffic control Vests cones barriers etc Day $86 00 HZM44 Turbidity Meter Day $42 00 HZ'i 145 Visqueen - Rolls Each $136 00 HZM46 Water level Indicator Day $4800_ HZM50 workboat w/o motor Day 5130 00 HZM51 YSI Meter/ Multi meter Day $130 00 HZM52 Personal Protective Equip Level A (DuPont RS562T) Per Unit $895 00 HZM53 Personal Protective Equip Level B (DuPont R3123T) Per Unit $395 00 HZM54 Personal Protective Equip , Level C (DuPont C2127T) Per Unit S 195 00 HZib155 Cascade Air Filtration Panel Day $140 00 HZM56 Air Filtration Panel Day $55 00 HZM57 Airline Respirator Day 5210 00 HZM58 High Hazard Personnel Decontammation Per Kit $40 00 HZM59 Low Hazard Personnel Decontamination Per Kit $15 00 HZPM60 Personnel Retrieval System Da $140 00 HZM61 Personnel Retrieval Harness Day $24 00 HZM62 Combustible Gas Indicator Day $75 00 HZM63 Toxic Gas Detector _ Day $150 00 HZM64 Photoionization Detector Dav $110 00 H71Y165 Hazmat Kit Day $325 00 HZM66 Hand Auger, Stainless Steel Day $20 00 HZM67 Hand Operated Transfer Pump Day $65 00 HZM68 1" Diaphragm Pump (1" ) Dav 5125 00 HZM69 2" Diaphragm Pump (2") Day $160 00 HZM70 2" Diaphragm Pump S S (2" S S) _ Day $275 00 HZM71 3" Diaphragm Pump (3") Day $250 00 HZM72 6" Diaphragm Pump (6") Day $1,280 00 HZM73 1" Suction oeDischarge Hose (1") _ _ Dav S46 00 HZM74 2" Suction or Discharge Hose (2") Day $70 00 HZM75 3" Suction or Discharge Hose (3 ") Day $90 00 HZM76 6" Suction o Dischar e Hose 6" Da $145 00 HZM77 2" Chemical Suction or Discharge Hose (2") Day $140 00 H7IYf78 3" Chemical Suction or Discharge Hose (3") Day $180 00 HZM79 6" Chemical Suction or Discharge Hose 6") Day $650 00 HZM80 Diesel Powered Generator 60-80kw Day $245 00 HZM81 1, Electrical Cord Station 50' Day S35 00 HZM82 ji Spike Bar Each S40 00 HZIv183 Airless Spray With operator) Da $275 00 HZM84 Pressure Washer (With operator) Day _ $255 00 HZM85 Water hose Section (Garden) Each S35 00 HZM86 Cutting Torch (With operator) _ Day $175 00 HZM87 Wire Welder (With operator) Dav $225 00 HZM88 Air Blower (Withoperator) Day $275 00 HZ,IY189 HEPA Vac (With operator) Day $480 00 HZM90 Barrel Cart Da $15 00 HZM91 Wheelbarrow Day $15 00 HZM92' Oil Dry Spreader Day $18 00 HZM93 Traffic Control Vest, Cones, Flags, Barrels, etc Day $225 00 HZM94 Drill w/ Bits Day S40 00 591884 Page 49 of 75 County of Orange, OCPubkc Works AshBntt, Inc Contract MA-080-11010203 Attachment B Contractor's Pricing HZ1vI95 Grounding Cable and Rod Day $15 00 HZM96 Circular Saw Day $30 00 HZIv197 Hand Tool per employee *(shovels, brooms etc } Day $30 00 HZIv198 Tool Kit (Hammers, Pliers Screwdrivers) Day S45 00 HZM99 Wrench Kit(Bung wrench, speed, etc) Dav S25 00 HZIM100 Step Ladder Dav $9 50 HZ1b1101 Extension Ladder Day $11 50 HZM102 Photographic Equipment Day $125 00 HZM103 Level A Suit (Kappler Responder) Each $800 00 HZM104 Level B Suit (Kappler Responder) Each $350 00 HZM105 Level C Suit (Kap lerResponder) Each $225 00 HZIv1106 Tyvek Coveralls(DuPont) Each $8 00 HZM107 Proshield (DuPont NG127s) Each S7 00 HZM108 Saranex (DuPont SL127T) Each $30 00 HZM109 Acid Suit Each $95 00 HZIvlI10 Ram Suit Each $35 00 HZM111 Neoprene Gloves Pair Pair S12 00 HZM112 Nitnle Gloves, Pair Pair $8 00 HZM113 Silvershied Gloves Pair $12 00 HZM1141 PVC Gloves Pair $3 25 HZM115 Cotton or Latex Gloves Pas $1 00 HZM116 Leather Work Gloves Pas $12 50 HZM117 PVC Boots (Haz Mat) Pair $32 50 HZM118 Boot Covers Pair $8 00 HZM119 Hearing Protection Pair $0 40 HZM120 Detector Tubes Each $18 00 HZM121 Ph Paper Pack $25 00 HZM122 Spill Classifier Each $15 00 HZM 123 Respirator Airline 50' Section Each 5175 00 HZM124 Respirator Cartndges Pair $35 00 HZM125 Handheld Radios Each $75 00 HZM126 5"x10' AbsorbentBoom-Petroleum (CEP-WB510) Bale of $105 00 HZM127 8"e10' Absorbent Boom -Petroleum (CEP-WB810) Bale of 4 $155 00 HZM 128 3"x IT Absorbent Boom -Universal (CEP-HAZSOCIO) Bale of 4 $70 00 HZM129 __Absorbent Pads Bundle -Petroleum (CEP-WP100H ore ual) Bundle $87 50 HZM130 Absorbent Pads Bundle -Universal (CEP-OPP15 orequal) Bundle $132 50 HZM131 Oil Dry (CEP-FLAB50 or equal) Bag (401b) S15 00 HZl4132 Peat Moss (CEPEXSORB orequal) Bag S35 00 HZN1133 Vermiculite (CEP-VERM4 or equal) Bag $30 00 HZM134 Soda Ash Bag (CEP-SODASH of equal) Bag $30 00 HZ1bi135 4 mil 20xI00 polyethylene (4 mil) Roll $70 25 HZM136 6 mi120x100 polyethylene (6 mil) Roll $89 00 HZbL137 6 mil bags (6 mil) Case $92 00 HZM138 Duct Tape (N/A) Roll $5 00 HZM139 55 Gallon Drum Overoak (CEP-1230YE or equal) Each $110 00 HZN1140 55 Gallon Drum Liners (10 mil} Each $11 25 HZNi141 Fiber Drums 55gallon) Each $55 00 H7M142 1 30 Gallon Overpalc (CEP-1230YE or equal) Each $115 00 591884 Page 50 of 75 County of Orange, OCPublic Works ContractM4-080-11010203 AshBrttt. Inc. Attachment B Contractor's Pricing HZM143 1 95 Gallon Overpak (CEP-1237YE or equal) Each $275 00 HZM144 DOT Hazardous Waste Labels (DOT) Box $35 00 HZM145 Fire Extinguisher Each 375 00 HZM146 Caution/Hazard Tape Roll $9 25 HZM147 Respirator Wipes Box 32000 HZM 148 ChemTa e , 10' roll (Ka ler) Roll $15 00 Note Any other equipment used by subcontractor will be charged at Subcontractor rate plus 23% 1 Transport (0-100 rmles one way) and disposal of petroleum contaminated soil 2 Includes pump, 100' of header pipe w/ well point 5' o c jet installation not to exceed 12' deep Set up, take down, mob and demob is 1 charge at the weekly rate Note Items subject to mailability Fuel surcharges may apply (negotiable at time of NIP) III FIRM DISCOUNT AND PRICING STRUCTURE. Contractor guarantees that prices quoted are equal to or less than prices quoted to any other local, state or federal government entity for services of equal or lesser scope Contractor agrees that no price increases shall be passed along to the County during the term of this Contract not otherwise specified and provided for within this Contract W. PAYMENT TERMS: Invoices are to be submitted in arrears, after services have been completed and funding disbursement of the individual projects, to the address specified below Payment will be net thirty (30) days after receipt of an invoice in a format acceptable to County of Orange Invoices shall be verified and approved by the County and subject to routine processing requirements The responsibility for providing an acceptable invoice rests with the Contractor Billing shall cover services and/or goods not previously invoiced The Contractor shall reimburse the County of Orange for any momes paid to the Contractor for goods or services not provided or when goods or services do not meet the Contract requirements Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services V. PAYMENT— INIVOICING INSTRUCTIONS: The Contractor will provide an invoice on the Contractor's letterhead All invoices must be submitted in a CalEN A/FEN A acceptable format Each invoice will have a unique number and will include the following information 1 Contractor's name and address 2 Contractor's remittance address, if different from 1, above 3 Name of County agency/department 4 Delivery/service address 5 Contract number 6 Service Date 7 Description of Tasks/Services (as specified above) 8 Hourly Rate, Classification/Title and Number of Hours for each Task/Service 9 Total 10 Taxpayer ID number 591884 Page 51 of 75 County of ©range, OCPubhc Works ContractM.4-080-11010203 AshBrit4 Inc. Attachneent B Contractor's Pnczng The responsibility for providing an acceptable invoice to the County for payment rests with the Contractor Incomplete or incorrect invoices are not acceptable and will be returned to the Contractor for correction Invoices and support documentation are to be forwarded to County of Orange - OC Public Works Purchasing and Contract Services Attn Accounts Payable 300 N Flower, 8" Fl Santa Ana, CA 92703 591884 Page 52 of 75 County of Orange, OC Pubhe Works Contract M4-080-11010203 AshBritt, Inc. Attachment C Staffing Plan ATTACHMENT C STAFFING PLAN 1 KEY PERSONNEL TO PERFORiNt CONTRACT DUTIES Name Classification/Designation Years of Experience Contractor or Subcontractor John W Noble Operations Manager 25 AshBntt, Inc Dow Knight Asst Operations Manager 16 AshBntt, Inc Robert Ray Contract Admm /QC Manager 12 AshBntt, Inc Adrian Parker Project Manager 10 AshBntt, Inc Bill Johnson Debris Site Manager 30 AshBntt, Inc Mark Berge Special Operations Manager 21 AshBntt, Inc Jun Rollette Asst Special Operations Manager 20 AshBritt, Inc Darnel Demideo Asst Project Manager 20 AshBntt, Inc Ralph Dahlgren Administrative Manager 18 AshBntt, Inc Contractor understands that those individuals represented as assigned to the project must remain working on the project throughout the duration of the project unless otherwise requested or approved in writing by the County Substitution or addition of Contractor's Key Personnel in any given classification/title shall be allowed only with prior written approval of the County Project Manager During the term of this Contract, Contractor shall maintain a business office in Southern California The Contractor may reserve the right to involve other Contractor personnel, as their services are required The specific individuals will be assigned based on the need and timing of the service/classification required Assignment of additional key personnel shall be subject to the County's written approval County reserves the right to have any of Contractor personnel removed from providing services to the County under this Contract The County is not required to provide any reason for the request for removal of any Contractor personnel 2. SUBCONTRACTOR(S)* In accordance with Article 30, "Assignment or Subcontracting," listed below are subcontractor(s) anticipated by Contractor to perform services specified in Attachment A Substitution or addition of Contractor's subcontractors in any given project function shall be allowed only with prior written approval of the County Project Manager Company Name & Contact Name & Telephone Project Function Address Number Filter Recycling Jon Bennett HazIVIat Specialist 180 W Monte Avenue, 909 873 4141 Bloomington, CA 92316 Claus Construction Steve Tadlock Demolition and Clean-up 8956 Winter Gardens Blvd 619 390 4940 Lakeside, CA 92040 B&D Construction Brad Vernaci Clean-up/Recychng Services 145 X Tenth Ave 909 949 0360 U land, C.4 91786 * Please note that the complete list of all Subcontractors to be utilized by the Contractor is on file 591884 Page 53 of 75 County of Orange, OCPubhc Works Contract MA-080-11010203 AshBritt, Inc Attachment D Contractor's Subcontract Plan ATTACHMENT D CONTRACTOR'S SUBCONTRACT PLAN Ash-' ritt yti*� Environmental easy Ash Britt Base Subcontractng Plan Subcontractor participation in any disaster mcm ery project is instrumental to the success of any recovery As such it is important that the Client fully appreciates and comprehends the subcontracting plan and compliance controls exercised by the Contractor Ash Britt will make every reasonable attempt to use local firms in the recovery mission Ash Brin has always imamtamed a solid commitment and plan for the inclusion of local, small, mumonty and disadvantaged businesses ivtore importantly we have the historical data and references to substantiate this AshBntt clearly understands the complex perception that limits the participation of small, minority and disadvantaged business enterprises on projects We typically look over these perceptions, simply because the employment of these companies hisioncally benefits all stakeholders aver a disaster evern the local commumty, the firm itself us as a prime contractor, and the client AshBnrt has the experience in managing sensitive relationships in complex projects such as di-asw rtcovery, including partnering, teaming, and joint ventures with both small and large firms We pride ourselves on unncrstandmg our role as a professional stakeholder within these relationships and we stay committed to local team buil,ing and developing quality relationships AshBnrt makes ongoing efforts to create new suocontractor relationships_ We elccm, any referrals by local representatives to meet and to confer with native subcontractors it oehooves all p irnas mvolved to establish relationships and commitments pnor to any storm event 1 General Subcontracting Plan The objectives, procedures, and requirements that fol lot :�nsatute .he Geneial Subeonti acting Plan for STATEICDUNTYlM UNl/1UILI SD la Plan Objective The General Sabccruracung Ptar iluu_ v-irh the Svbconrracang Plari for Small Business and Disadvantaged Business and the Plan far Pi eference to Lac ri Fin is ,n ifaja Disaster Ireas has been developed by AshBritt, Inc to accomplish the following objectives ® Set qualii standards for till prospective subcontractors ® Develovment ofa professional and capable national work force u EstabJ�h prt%c,,dures that promote work force diversity and mclusion of small and disadvantaged subcontractors r, Ensun reel participation of local firms in the disaster area 1b. Subcontrictor Guidelines All potential subcontractors must meet the following guidelines and execute the referenced documents prior to being certified to work as an AshBnrt subcontractor �Favorable evaluation from a prior AshBna project (if applicable) or a favorable recommendation from the Iasi three projects of any type s passing inspection of all equipment to be deployed on the project ® Certificate of insurance with bouts as set in 1 c ti Executed Drug Free Work Force Compliance form Executed Debarred or Suspended Contractoi Compliance form staling that the firm is not and has never been debarred or suspended from a federally funded projecL AshBntt, inc I Subcontracting Plan 591884 Page 54 of 75 2010 County of Orange, OCPubhc Forks Contract MA-080-11010203 AshBritt, Inc Attachment D Contractor's Subcontract Plan ■ Executed Deb; is Ehg;bdtri Stai,doi ds as developed for each project • Executed AshBritt Subconnact Ag;eenient defining the subcontractor scope ofwork, responsibilities accountabilities, and language binding the subcontractor to compliance with FAR and FENIA regulatnons • Executed hold harmless agreement granting indemnification to AshBritt and STATEICO UNTY/1bt UN 1IJ U Rl S D • Agreement of compliance with all applicable feaetal state and local tax unemployment compensation and workers compensation laws n Agreement ofcompliance v, ith all safety policies as mandated by STATE/COUNTY;1bilNI/JURISD, Florida, federal aovemment or other public authority o An unconditional release of lien to be e-,ecuted with each contract payment Ic Insurance Requirements The insurance requirements for firms subcontracting to AshBritt Inc will differ based on f1 - am,%unt of revenue it is anticipated the firm will earn during the project Firms vho anticipate revenue eNceedin, '' )0 hN i (Tier 1) will be required to maintain a higher level of insurance than firms who antic,pate revenue of less 100 Q (Tier 2) 1) Insurance requirements for Tier 1 firms are • Workers Compensation and Occupational Disease Coverage — in accordance with statutory limns • Coinprehensne Automobile Liability Insurance - Bot, ' u,^ and property damage with minimum limits of$I,000,000 combined smale limit • Comprehensive General Liability — Bod❑ Hituy and Property Damage coverage with a minimum of.£ 1 000 000 per occurrence and ? 000 000 per aggregate (per location aggregate endorsement to apply) • Blanket additional insured endorsement rc It n �d 2) Insurance requirements for Tier 2 Fr x are • Workers Compensation ant! watnonal Disease Coverage — in accordance with statutory limits • Comprehensive Autc I I 1 i,iltt- insurance- Bodily Injury and property damage Anh minimum limits of $�Ut '`ri ,,i,',,ned single limit • Comprehensive General Lii they — Bodily Injury coverage with a minimum of S500 000 pet occurrence $1 000 000 3) Exceptions to th_ i ire requn emenrs are provided for local firths, local small business firms, and` local small disad, i tap ' , s (3 c 7) I Subcontracting PI - for Small Bitainess and Small Disadvantaged Business Agency ft I .I `. i Solicit ition Uisa-tes f lebris Manae_emem/Cleanup Services Contractor Asti'aa t, Inc Address 430 S Andrews Ave, Ste 103 Pompano Beach, FL 33069 Tlie foDon ing, together with onv anachnienis is submttted to satisp applicable requirements of the solicitoaon foi a Small 6usmess Subcoiui acting Plan ( Tlcn'/ It Subcontracting Gogts The following are AshBritt s planned percentage of the total contract to be subcontracted and its aoals for the use of small business (SB) veteran -owned --ill business (VOSB), HUBZone small business (HZSB), small disadvantaged ousiness (SIDS) and women -owned small businesses (WOSB) concerns expfessed as percentages ofthe total planned subcontracting dollars (The plan may tndude all loivei-uei subcontracts shot contribute to subconlracr peiformance AshBritt Inc I Subcontracting Plan 591884 Page 55 of 75 2010 County of Orange. OC Public Works AshBrttt, Inc. Contract A14-080-11010203 Attachment D Contractor's Subcontract Plan and a proper tionare shoe e of pi oducis and services that at a normally allocated as irdn ect costs) 1) Percentage of Project Dollars to be Subcontracted 75 0°r° 2) Percentage of LocalSubconuactorParticipation 600% 3) Goal for Small Businesses (SB) 40 0 °j 4) Goal for Minority Participation (M BE) 25 0% 5) Goal for Veteran -Owned Small Businesses (VOSB) 9 0 (Including Service -Disabled VOSB) 6) Goal for HUBZone Small Businesses (HZSB) 4 0 °a 7) Goal for Small Disadvantaged Businesses (SDB) 5 0 °-6 3) Goal for Women -Owned Small Businesses (WOSB) 5 0 % If Supplies and Services The following is a description of the principal types of supplies and services to be subcontract _d, -nd an identification of the types available and projected for subcontracting to SB, VOSB, HZSB, MBE SDR 'ind \i -_ �B concerns Debris collection from ROW and ROE (if applicable) HHW collection teams (ifapphcable) Technical assistance with regard to FEMA policy and procedure guidelines Assistance in procuring qualified SB VOSB, HZSB, SDB and WOSB subcontrac�ors to meet targeted goals Quality control personnel Aerial hazard mnigation TDSR site development and maintenance 1 g Development of Goals • Debris separation and reductt • Debris hauling • Environmtntal assessment • Hacardou- nrtenal e-viainment and remediation • Data entry pe",nril -taEfing • Lodging • Fquipment and vehicle parts and repairs • Office equipment and supplies a Cue] and fluids supply ■ %1led and unskilled labor staffing The subcontracting goals and the list of principal supt>hes and services to be contracted were developed after a review of past performance regarding the histonc level of stiecontracting to all types ofSmall Business Concerns and the scope ofwork subcontracted by AshBnit during disaster recovery projects Whenever possible AshBntt will determine the availability of qualified SB VSOB 11 SC. SDB or @4 SOB concerns for the needed goods or services AshBritt will investigate the Small Business ti rni ; zap ihilin-s, experience, and references to determine proper qualifications for the proposed scope ofwork lb Sources for Id—lifvine Small Business Concerts fhe following is a dcscnpt-- i of the sources that may be used to identify potential Small Business concerns • AshBntt subconti aetur database (example attached) • (CLIENT] vendor list n Local Offices/Organizations of Supplier Diversity/Small & bLnonry Btz Opportumry • DOT DBE Directories (Online) • wvnv pro netsba gov, the Small Business 4dnumstranon on-line database ofsmall businesses • wvvw sba govlhubzone, the Small Business Administration on-line database of locations that qualify as HUB Zones Governmental Contractors, Inc • Veterans service organizations • National ,Minority Purchasing Council Vendor Information Service • Research and Information Division of the Minority Business Development Agency in the Department of Commerce Local Chambers of Commerce li Indirect Costs AshBrltt, Inc I Subcontracting Plan 591884 Page 56 of 75 2010 County of Orange, OC Public Works AshBrm, Inc Contract MA-080-11010203 Attachment D Contractor's Subconh act Plan Indirect costs have not been included in the pei tentage sabcontracting goals as identified If Subcontract Program Administration The following individual will administer the Sniall Business Subcontracting Program Name Tim Mooney Phone 954-545-1535 Title Sr Marketing Coordinator Pax 954 545 3595 Address 430 S Andrews Ave, Ste 103 Email tinconev((Dashbrittcorn The specific duties as they relate to the Suocontracting Plan are as follows • Reviewing monitoring and the overall general execution of the AshBnit subcontr ,ing program ■ Obtaining S8, VOSB HZSB MBE, SDB and WOSB sources from all apphcal-, ugeicies such as the SBA ■ Ensuring inclusion ofSB, VOSB HZSB MBE, SDB, and WOSB sources in i -ol . cations where aporoprtate • Monitoring companv s performance and making adjustments necessary to achtev, it contractor plan goals ■ Re mewing solicitations to, emove statements, clauses etc that n• i tend to prohibit SB VOSB, HZSB MBE, SDB and WOSB participation Ik Efforts to Assoie SB Opportunity The following efforts will betaken to assure that SB VSOB, 1;'<<, it BE, SDB and WSOS concerns will have an equitable opportunity to compete for subcontracts ■ Contacts with SBA utihzrn.-PRO-Net tc , c u_ local Small Business concerns • Contacts with Minority and Small Bii nes, Trud associations • Contacts with Minority and Small „-ii, , I ride ssociations • Attendance at Small and Nlinonty Bu ires, 1' , , urement conferences and trade fairs ■ Contacts with veterans service organizuiL i,c 11 Flow -Down Clause Ash8ritt will include the 'Unlizauc t `tnail Business Concerns" clause of the Federal Acquisition Regulation (FAR) (Clause 52 219-3) in all subcontracts i nich offer further subcontracting opportunities, and to iequire all subcontractors (except SB concerns) r Id, receive sub, mtracts in excess of 5500 000 to adopt a subcontracting plan similar to this one Im Reporting and( wper. non Ash Britt will ])Cooper in any studies or surveys as may be required 2) Submit periodic reports in order to allow the Government to determine the extent of compliance by the Subcontractor with the subcontracting plan, 3) Submit Standard Form (SF) 294 Subconnacnng Reoori for Individual Cornncis and/or SF 295 Sumniary Subconrrocr Repoir in accordance with the instructions on the forms or as provided in agency regulations and in the Subcontract, and 4) Ensure that its subcontractors agree to submit Standard Forms 294 ana 295 In Recoid Keeping AshBnit will maintain records demonstrating that procedures have been adopted to comply with the requirements and goals in this plan The records shall include at least the Tollowing • Source lists (e g PRO -Nei), guides, and other data identitying SB, VOSB, HZSB, MBE, SDB, and WOSB concerns • Organizations contacted in an attempt to locate sources that arc idcntifying SB, VOSB, HZSB, MBE SDB, or WOSB concerns AshBntt, inc I Subcontracting Plan 591884 Page 57 of 75 2010 County of Orange, OC Puhhc Works Contract AM-080-II0I0203 AshBrft� Inc AttachmentD Contractor's Subcontract Plan • Records oFenv outreach efforts to contact 1) trade associations 2) business development organizations and 3) conferences and trade fairs to locale SB VOSB HZSB, NI BE, SDB and WOSB sources • Records of internal guidance and encouragement provided to buyers through ])workshops, seminars training programs, etc , and 2) monitoring perfor-nance to evaluate+_omphance with the program', requirements to Plan for Preference to Locnl Firms in hhlm Disaster Areas Preference will be given to the evtent feasible and pricttcal to those organizations firms, and individuals residing or doing business primarily in the area affec•ed by a major disaster or emergency - 1 p Local Participation Goals The following are AshBna's goals for local paricipauon through contracting and the sale of mods and services, expressed as percentages of the total planned subcontracting dollars and direct costs 1) Sale ofgcors and services 70 0 % 2) Subcontract,ng jj 0% I Supplies and Services The following is a description of the anncipal tyxs ofsupphes and services to he -uh,onoacted or purchased directly From the local supphe- • Debris collection from ROW and ROE (if applicable) aiwntractors • Staffing for HHW collection teams (if applicable) • Laleing • Aerial hazard mitigation • Equipment and vehicle parts and repairs • TDSR site development and maintenance • Ofrice equipment and supplies • Debris separation and reduction • FLel and fluids supply • Data entry personnel • Skilled and unskilled labor • Advertising - Recruitment foi local staff and Ir Development of Goals The local participation goals and the list of principal-upphes and services to be contracted were developed after a review of past performance regardin4 he historic level of subcontracting and purchasing ofsupphes and services as provided by local business coneeriv - Wirt Tlit durmg disaster recovery projects AshBnn will investigate die local firm s capabilities, experience, and r-isQnces to determine proper qualifications for the proposed scope ofwork Is Sources for Idenntvng Local Busmess Concerns The following is a des,.' ,•t no ,'-the sources that may be used to icenufy, potential local business concerns • AshBntt subcon,ractor database • Local Chamber of Commerce • Recommendations From the [CLIENT] • Local wade associations • Loci] civic associations • Public Service Announcements from local government requesting local contractors for partiLipation in the recovery effort www pro-netsba gov, the Small Business Administration on-line dataoase of small businesses I t Local Subcontractor Speci-il Requirements Local subcontractors are required to meet the General Subcontractor Standards with the following exceptions I) Insurance So as not to impose standards that may be exceptional to the local subcontractors and thereby limit v their potential participation AshBntt will of er optional insurance levels to local firms Local firms will be AshBrirt, Inc I Subcontracting Plan 591884 Page 58 of 75 2010 County of Orange, OC Public Works AshBrrtt, Inc Contract MA-080-11010203 Attachment D Contractor's Subcontract Plan required to maintain insurance levels as set by the STAT&COUNTYIMUNUJURISD contracts less that $100 000 or by the AshBntt insurance requirements for Tier 2 subcontractors wmchever is less Recommendations One favorable,reference for any completed project with a local government (County/Cjtj/To vn) is equivalent to the enute requirement For references requtrea from a non -local firm 2 SubconnnctorCompliance To ensure that the subcontractors deployed by AshBrltt fully understand the guidelines under which the STATElCOl171lTY/NIUNVJURJSD recove y project will be conducted the following Compitance Fm m (attachment) will be executed in addition to the Subcortractot Agreernerl (attachment) Ash Britt, Inc I Subcontracting Plan 591884 Page 59 of 75 2010 County of Orange, OCPubhc Works Contract MA-080-11010203 AshBrzt4 Inc. Attachment D Contractor's Subcontract Plan �z §;w� Envtronrnentat v��e AshBrltt Comphince Agreement Company Name Address Project lnsurante Guidelines Office Phone Cell Phone I General Ltabdtry of S_500Kfor off-rocd work, $1 mrlltanfor on-t oad 1vw k 2 Aura Liability ofS500Kfor off -road wot k SJ million for on -rood rvw k 3 Wat leers compensation at srote limits 9 J understand that no checks will be issued to my componv until insurance ceruficotes rel7ectrng the bm+ts abet a and naming AshBrttt and (CLJENT] es addtnonal insured have been received in the AshBrtn office Compliance Guidelines 5 / assure that J will pay m fud oil local suppliers and ervrce pravmc+s 6 / agi ee to abide by all safety policies mandote„ by a 46o ,n fCL/ENT) or other public authorin 7 1 ag1 ee to comply 1uth all Opp bcoole federal state .end local laws 8 I have t ecd the attached Eltgrblhr Ct or�trds and will cantply with 'he standards as umtten 9 J will treat renresentateves ofF&%t, ted<_ral stare and local muhonttes wrda respect and w tl c farm and comply with their direction 10 1 understand du,t i -ta, .,-1 ,.faro, of the Compliance Gutdehnes tnav result m my termtnaiwn;1 nm the project Subcontractor NOme Date AshBntt, Inc I Sub(,onttauing Plan 4shBrw Inc 591884 Page 60 of 75 Date Yes 2010 County of Orange, OCPubhc Works ContractiVA-080-11010203 AshBr:t; Inc. Attachment D Contractor's Subcontract Plan Eligibility Standards Ciaena for remit al of ull ehg+h/e deo+is fi onr the Riehis-of-v, av, Public Property and PubAch mcuntu++rc J nrec+a n rthin STATc C0UNT}Ab1UN1 JUR/SD 4sh8rin will eniplov the folloii ing Ebgibilin Slandai ds foi sloi Fir debris ■ Debris must be generated by Hurricane (or othe- major catastrophe), debris determined nut to be generated by the Hurricane (or other major catastrophe) wi❑ not be collected or processed • Only debris or tree hazards from die Public nghi_s-of-way of STATE/COUNTY/NIUNVJURISD can be collected • Storm debris in the rights -of -way ditches will be removed if it is in such a quantir to ose an obstacle to proper drainage • Broken limbs hanging over the right-of-wav will be removed if they are likely to far, road or shoulder area. Limbs likely to fall outside the ROW will not be removed • Leaning trees rooted in the right-of-way will be removed if,hev po,c , 01reat , Fill in the road on a fence or public access way • Leanin__ trees rooted on private property will be cut at ti- F- 1—ty Ime and that portion that protrudes o`er the right-of-wiv will be cut and removed • Split or broken trees in the i ight-of-wav will be sawed at Ii- _rosest point below the break or split that allows for a safehorizontal cut Stumps will not bei oved unless contractor is specifically directed by the County to do so • While unaer contract with A511Britt sIrN-, i is at - prohibited from entering pub Itc properrv, accepttng payment from private homeowners, or , b tilt_ ovate work ■ Contact an AshBritt Super «nr, Ashflntt Deons Monnoror STATE/COUNTY/MUNIAURISD Representative with anv qu. —i,-eoardme elioiblity AshBnr, Inc I Subcontrauing Plan 591884 Page 61 of 75 2010 County of Orange, OCPublic Works AshBrstt, Inc EXAMPLE CONTRACT SUBCONTRACT AGREEMENT Contract M4-080-11010203 Attachnsent D Contractor's Subcontract Plan THIS SUBCONTRACT AGREEMENT ("AMemenr') is entered into as of this [Click and type DAY] day of [Click and tvpe NIONTH] 2008 by and between Ashl3nn, Inc a Florida coruoration, ,whose address is 480 South Andrews Avenue, Suite 103, Pompano Beach, Florida 33069 ("Contractor"), and [msert a pc c en,n, if apolicnblel, whose address IS ("Subcontractor') WHEREAS Contraoor entered into a contract for idenuffi pml—t and location for moil.] ( the "Project Zone' ), and WHEREAS Contractor desires to engage Subcontractor to provide the services set forth herein at the Project Zone and Subcontractor desires to provide such services at the Project Zone pursuant to and in accordance with the terms and conditions ofthis Agreement_ NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration for the mutual covenants and agreements hereinafter set forth, Contractor and Subcontractor agree as follows 1 Contract Documents I 1 The Contract Documents for this—, Agreement consist of [iden,ifv Prune f-ourn,t and Owner) C Owner'), for ,,� [jdennfi general purpose of pnnie ,ontract], including the statement of work and contractor requirements msuran�e requirements, all terms and conditions and any other documents listed in or referred to by thb?nme Contract (the "Prime Contract") 1 2 The Contract Documents are hereby'incorporated by reference into this Agreement, provided, however. that notwithstanding the foregoing �i%js expreewly acknowledged ana agreed by the parties that all payment terms between Contractor and 0 nw er_.'set'forth in the Contract Documents are not incorporated by reference and are expressly excluded from this Agreement The Contract Documents are available in Contractor's office and Subcontractor acknowledges, —that it has wrcfully examined them and understands them completely y _ 1 3 Subcontractor is bound to Contractor by the terms of this Agreement including those of die Contract Documents, and -shall assume towards Contractor, with respect to Subcontractor's perfommnca, all of the obligations and respon"sibilities winch Gontrauor assumes towards Owne• under the Contract Documents with respect to the Subcmi_;q _WGTk . ]n the event of my conflict between the terms of this Agreement and the terms of any of the Contract Documents;, -or a conflict among any of the Contract Documents themselves, the provision granting the greater rtghtsr,,or.Temedtes to Contractor or imposing the greater duty, standard, responsibility or obligation on Subcontractor as determined by Contractor shall govern Subcontractor shall bind its lower her subcontractors and suppliers to all of the performance obligations and responsibilities which Subcontractor assumes towards Contractor hereunder Scope of Subcontract Wort, 2 1 Contractor engages Subcontractor, as an independent contractor, to perform that part of the work, which Contractor has contracted with the Owner to provide under the Prime Contract, as set forth in Exhibit A" attached hereto ("Subcontract Work') 2 2 Subcontractor agrees to perform the Subcontract Work under the direction of Contractor, and to the reasonable satisfaction of Contrmctcr and Owner Subcontractor agrees (i) to provide and pay for all labor, materials tools, supoLes and equipment necessary to perform the Subcontract Work except as otherwise expressly provided herein and (it) to perform the Subcontract Work in strict conformity with the requirements of this 591884 Page 62 of 75 County of Orange, OC Public Works Contract iU4-080-11010203 AshBrztt, Inc Aaach►nentD Contractor's Subcontract Plan EXAMPLE CONTRACT Agreement Subcontrac or shall execute all Subcontract Work in the best and most workmanlike manner by qualified careful and efficient workers who shall be satisfactory to Contractor Contract Sum and PavmentSchedule 3 1 In consideration for the Subcontractor's sery ces hereunder Contractor shall pay to Subcontractor the contract sum set forth on Exhibit ' B attached het eto ( Contract Sum' ) 3 2 Contractor may deduct from am• Contract Sum payment any sum owed by Subcontractor to Contractor either under this Agreement or any other agreement between Contractor and Subcontractor Further, in the event of any breach by Subcontractor of this -agreement or any other agreement between Contractor and Subcontractor or in the event of the assertion by others of any claim or lien against Owner, Contractor, or Contractor's surety, which claim or hen arises out of Subcontractor's performance hereunder, Contractor may but is not required to, retain out of any payments due Subcontractor, either under this Agreement or any other agreement between Contractor and Subcontractor an amount sufficient to protect Contractor and Owner from any and all loss damage or expense therefrom until the breach has been cured or the claim or hen has been adlusted by Subcontractor to the reasonable satisfaction of Contractor even though Subcontractor may have posted a payment or performance bond Prosecution of Subcontract Work 4 1 Subcontractor agrees within five (5) calendar days after notifica ton by Contractor to commence its coe'ations and to continue diligently in its performance of .he Subcontract Work Time is of the essence of this A oreement 42 Subcontractor shall cooperate with Contractor and other subcontractors whose work must be coordinated with the Subcontract Wort. Subcontractor shall send a representative, wnh full authority to act on belialf of and bind Subcontractor to all meetings and conferences, as may be directed by Contractor 43 Suoconractor shall keep the Project Zone clean from debris resulting from the performance of the Subcontract Wort, and shall remove and properly dispose of all debris genezted by the execution ofthe Subcontract Work If the Subcontractor fads at any time .o comply with this Section, within twenty-four (24) hours after receipt of notice from Conttautor of such noncompliance Contractor may pertomt such necessary clean-up and deduct the cost from any amounts due Subcontractor 44 Subcontractor shall give adequate notices pertaining to the Subcontract Work to the proper authorities and shall secure and pay for all necessary licenses and pemuts to carry on the Subcontract Work Subcontractor shall provide a copy of such notices licenses and permits to Contractor prior to the start of the Subcontract Work 4 S Subcontractor shall at all times give personal superintendence to the Subcontract Work and have at the Project Zcne at all times when any of the Subcontract Work is being performed a competent superintendent satis�actory to Contractor and with authority to act for and bind Subcontractor on all matters arisang ow of or relating to this Agreement 49 Subcontractor shalt assign only qualified personnel to perform the Subcontract Work Contractor shall have the authority, at any time during the course of the prosecution of the Subcontract Work, to require Subcontractor to remove or terminate any employee of the Subcontractor if such employee is unsatisfactory to Contractor or Owner Subcontractor shall immediately remove and replace the employee at no cost to Contractor or Owner including those costs resulting from delay or inefficiency the change may cause 410 Contractor may for any reason whatsoeier suspend in whole or in pan. performance of the Subcontract Work and Subcontractors pe-formance under this Agreement Contractor shall give notice, either wntteti or verbally, of such suspension to Subcontractor specifying when such suspension is to become effective and the scope of the Subcontract Work affected by such suspension 591884 Page 63 of 75 County of Orange. OC Public Works Contract IYI4-080-II0I0103 AshBri4 Inc Attachment D Contractor's Subcontract Plan EXAMPLE CONTRACT 410 1 Ceasma Performance Upon Suspension Front and upon the effective date of any suspension order by Contractor Subcontractor shall not incur any further expense or obligations to connection with the suspended portion of the Subecntract Wort. From and upon the effective date of any suspension ordered by Contractor Subcontractor shall utilize its best efforts to mitigate Its cost^ resulting from the suspension 4 102 kpumpuon of Subcontract Work After Suspension if Contractor lifts the suspension it shail do so in writing and Subcontractor Ehad promptly resume performance of the Subcontract Work unless prior to receiving the notice to resume Subcontractor has exercised its right or termination as provided in Section 8 6 herein 4 10 3 No Claim for Suspension Contractor shall not be liable for any claims due to the suspension of the Subcontract Work Insurance 5 1 Prior to starting the Subcontract Work, Subcontractor at its own expense, shall procure and maintain in full force throughout the entire term of this Agreement, on all its operations insurance in accordance with the Prime Contract Subcontractor shall not perform any Subcontract Work unless Subcontractor is and remains insured in accordance with the requirements provided under the Prime Contrad, 5? The policies of insurance shall be in such form and shall be issued by such company or companies as may be relsonably satisfactory to Contractor Before commencing the Subcontract Work, Subcontractor shall furnish Contractor with ce•tificates of insurance from the insuring companies, which certificates shall specify the effective dates of the policies, the limits of liability thereunder,} and contain aprcvision that such insurance will not be cancelled or modified except upon thirty (30) days pnocjtY`nt2-en nonce to Contractor Subcontractor shall not cancel any policies of insurance required hereunder without the,.pnor written consent of Contractor Except for workers compensation, Contractor and Owner shall be a ed as additional insureds under all policies to be maintained by Subcontractor 53 Subcontractor may use a combinatidn, of General Liability Insurance and Excess 1-iaodiry Insurance provided the su-n of these insurances ataeasi'equals the amounts listed for the General Liability Insurance If Excess Liability Insurance is used "Umbrella Form" must be furnished 5 4 The carrying of insurance shall not be deemed to release Subcontractor or in any way diminish its liability, by way of indemnity or otherwise as assumed by it under this Agreement 6 Bands 61 Suf>(contrac or�0 is / O is not (check appropriate box) required to provide a performance and payment bond If Subcontractor is required to provide a performance and payment bond, Subcontractor shall furnish Contractor in thdtfarin attached as Exhibit C a full and duly executed performance and payment bond, underwritten by a surety or sureties reasonably satisfactory to Contractor in the full amount of the Contract Sum to be paid over the term or this Agreement If ,ucn bond is required, Subcontractor's failure to deliver a satisfactory bond aithm _ (-__) calendar days after the execution of this Agreement shall be deemed a material breach by Subcontractor of this Agreement Initial Ack-iowiedgment of Selection Above JubcnntraclOr Contractor 7 Inspections_ 7 1 Subcontractor shall allow for the -nspection of the Subcontract Work by Contractor Owner or arty of their auth01-17ed representatives 591884 Page 64 of 75 County of Orange, OC Puhhe Works Contract M4-080-11010203 AshBntt, Inc Attachment D Contractor's Subcontract Plan EXAMPLE CONTRACT 72 Neither the re'tew and acceptance by Contractor nur the approval by Owner or its representative of any of the Subcontract Work by Subcontractor shall relieve Subcontractor of liability for any deviations front anv requirement of this Aereement unless specifically called to Contractor s attention in writing and so acknowledged by Contractor in writing Inspection or supervision by Contractor shall not relieve Subcontractor of its obligations herein Term and Termmntton 3 1 This Agreement shall be coterminous with the Prime Contract, unless this Agreement is terminated early pursuant to this Section 8 82 Should Subcontractor fad in the reasonable opinion oFConlractor, at any time and in any respect to (i) supply a sufficient number of properly skilled employees (n) prosecute the Subcontract Work with promptness and diligence, or (m) to perforni the Subcontract Work in accordance with the requirements of this Agreement Contractor may, at its option, provide such labor and services to perform the Subcontract Work and deduct the cost thereof, together with all loss or damage occasioned hereby from any money then due or thereafter to become due Subcontractor either under this Agreement or any other agreement between Contractor and Subcontractor Contractor shall provide notice, either written or verbal, oFany such failure to Subcontractor except in an emergency in which event, no notice is required 83 Contractor may immediately terminate this Agreement if'in Event of Default has defined below) has occurred, and such Event of Default is not cured by Subcontractor after receipt of notice, either written or verbal by Contractor of such Event of Default For the purposes hereot, 'Event of Default" shall mean Subcontrac*or has, at any time, (,) refused or neglected to supply sufficient properly skilled employees ofthe proper quaht) mid quantity, (u) faded in any respect to prosecute the Subcontract Work with promptness and diligence in accordance with this Agreement (m) roused by ary action or onassion the stoppage or interference with the .work of Contractor or other subcontractors (tv) faded in the performance of any of the covenants contained in this Agieement or the Prime Contract, (v) breached any provision o£this Agreement or the Prime Contra" and/or (v) been unable to meet its debts as they mature Upon termination of this Agreement pursuant to this Section, Contractor may take possession of the Project Zone and Subcontract Work, including all materials, aoplinnces and equipment of Subcontractor at the Project Zone, and through itself or others provide labor, equipment and materials to prosecute the Subcontract Work on such terms and conditions as Contractor deems reasonably necessary and Cortractor shall deduct the cost thereof, including all charges, expenses, losses, costs damages and attorney s fees incurred as a result of Subcontractor's fvlure to pe•fomm from any money then due or thereafter to become due Subcontractor either under this t greement or any other agreement between Contractor and Subcontractor 8 4 In addition, Contractoi shall have the right to terminate this Agreement at any time, with or without cause, upon notice either written or verbal, to Subcontractor Upon receipt of such notice, Subcontractor shall immediately stop performance of die Subcontract Work In such event, Contractor shall pay Subcontractor for that portion of the Subcontract Work actually performed in an amount proportionate to the Contract Sum Contractui shall not be liable to Subcontractor for any costs or damages nor for prospective profits on portions of the Subcontract Work not performed 8 -5 From and after ,he ef7ecnve date tit any termination SubcontracLor shall cease performance to the eztent of the terminated portion of the Subcontract Work and shall not incur any Further expense or obligations in connection with the terminated portion of the Subcontract Work Subcontractor shall terminate outstanding sub - subcontracts and purchase orders related to the terminated portion of the Subcontract Wore unless directed to do otherwise by Contractor If so requested by Contractor, Subcontractor shall assign its rights, title and interest under open sub -subcontracts to Contractor or its designee Unless directed otherwise by Contractor Subcontractor shall settle the habuities and claims arising out of die termmntion of any suo-,ubcontracts if so requested by Cont acior, Subcontrac,or shall vacate the project Zone rmmediateiy 86 Subcontractor may, upon notice, either written or verbal to Contractor, terminate this Agreement if the Subcontract Work required under this Agreement is suspended by Contractor in its entirety for a period of seventy-two (72) hours or more, through no fault of Subcontractor In the event Subcontractor terminates this 591884 Page 65 of 75 County of Orange, OCPublic Works AShBi in, Inc EXAMPLE CONTRACT Contract MA-080-11010203 Attacinnent D Contractor's Subcontract Plan Agreement pursuant to this Section 8 6 Subcontractor shall be entitled to recover from Contractor as though Contractor had terminated Subcontractor's performance for convenience pursuant to Section 8 4 above 9 Claims and Disputes 9 1 Each pony agrees that any claim or dispute between them arising out of this Agreement shall be submitted to mediation administered by the American Arbitration Association under it, Commercial Mediation Procedures before, and as a condition precedent to, the initiation of any adjudicative action or proceeding The mediation shall be held in Broward County, Florida If either party refuses to mediate the claims or disputes subject to dies Section the other party may compel the medation of that dispute under the terms ofthis Agreemcnt 92 Subcontractor shall carry on the Subcontract Work as directed by Contractor and maintain satisfactory progress vhile any claim or dispute is being resolved Indemnificnnon r 10 1 Subcontractor assumes full habdtty for any and all damages, death or injury of any kind to all person(s) (whether employees or otherwise) and property arising out of or*m anywayconnected with the Subcontract Work or Subcontractor s performance hereunder and shall to the fulles eej&nt pezinitted by law defend indemnify and hold harmless Contractor and Owner, and their respective parents subsidfartes, affiliates, officers, managers, members, agents, employees, and tndemnitees (collectively, the "Contractorindemnifted Parties") from and against any and all claims losses liabilities, suits, damages, fines, demands or expenses, legal and otherwise (collectively, ' Losses"), arising out of or in any way connected with The Subcontract Work or Subcontractors perform ince hereunder, regardless of whether or not such claim, loss, suit, damage or expense is caused in part by a party indemnified hereunder Further, this mdemmficahon,defense and hold harmless obligation is in addition to any such obligation required by the terms of the Contract Documents If any clairn or demand is made against the Contractor indemnified Parties for any matter enumerated RSr m, any payment due, or thereafter to become due, Subcontractor shall be held liable by Contractor to ihp�extent necessary to cover such losses and expenses, including reasonable attorneys' fees As separate consideration_Tof this indemnification, defense and hold harmless obligation aria any other such obligation to De provided by SuSgoatractor hereunder the parties acknowledge and agree that the first One Hundred Dollars (S10000) i,Zhe,,Contrni:CSum paid to Subcontractor shall be paid as separate consideration for all such obligations of Subconi` aacto hereunder I I Compliance with Laws and Safety Standards 1 l l All work labor services and materials to be furnished by Subcontractor must strictly comph-f with all applicable federal, state and locah.hws, rule,, regulations, statutes, ordinances and d1rect1ye5, including any applicable envtronmeptal rules and regulations and Federal Emergency Management Agency ("FEMA ) polices and procedures (hereinafter'-1"Laws") now in furce or hereafter it effect, including the Laws referred to in the prime Contract Additionally} Sibcontactor agrees to comply with the applicable Laws referred to in the prime Contract and further warrants and represents that Subcontractor is familiar with all applicaole Laws including FIRM A policies and procedures All work, labor, services or materials necessary to comply with said Laws will be furnished by Subiontractor as part of ibis Agreement without any additional compensation Subcontractor agrees to indemnify defend and hold the Contractor Indemnified Parties harmless from and against any and all Losses caused directly 6r indirectly by its failure to fully comply with all Laws 11 2 Subcontractor agrees that the prevention of accidents to worke-s engaged in the Subcontract Work under Subcontractor is solely its responsibility Subcontractor shall comply with all applicable safety laws and with any safety standards established during the progress of the Subcontract Work by Contractor If requested by Contractor, Subcontractor shall submit a safery plan for review by Contractor The review of any safety plan by Contractor shall not be deemed to release Subcontractor or in any way diminish its liability, by way of indemnity or otherwise as assumed by it under this Agreement. 11 3 When so ordered Subcontractor shall stop any part of the Subcontract Work which Contractor deems unsafe until corrective measures satisfactory to Contractor have been taken Should Subcontractor neglect to 591884 Page 66 of 75 County of Orange, OC Public Works Contract M4-080-11010203 AshBrztt, Inc AttachmentD Contractor's Subcontract Plan EXAMPLE CONTRACT adopt such corrective measures Contractor may do so and deduct the cost from any payments due Subcontractor Subcontractor shall timely submit copies of all accident or injury reports to Contractor 12 Assignments 13 1 Neither this Agreement nor any interest therein may be transfer-ed voluntarily or Involuntarily nor may the Subcontract Work or any pan thereof be subcontracted by Subcontractor, without the prior written consent of Contractor Nonvrihs.andmg the foregoing except as otherwise provided in this Agreement and/or the Prime Contract no assignment or subcontract by Subcontractor shall relieve Subcontractor from its obligations to Contractor 13 Labor Relations 13 1 Subcontractor shall do whatever is reasonably necessary in the progress of the Subcontract Work to assure harmonious labor relations at the Project Zone and to prevent strikes or other Ipbor disputes Subcontractor shall employ only such labor as to Contractor's reasonable satisfaction will work In harmonv at the Project Zone and shall not use materials or employ means which may cause strikes or other labor troubles 13 2 If requested by Contractor, Subcontractor shall conduct a criminal background check acceptable to Contractor on each and every employee and independent contractor it employs or engages to work at the Project Zone Subcontractor shall fully comply with all applicable laws relating to the terms and cononlons of employment of anv employee who is emploved in connection with the Protect Zone 13 3 Subcontmaoi agrees not make, or cause any employee or independent contractor it employs or engages to work at the Project Zone to make, disparaging remarks or comments with respect to Contractor its related entities and the Owner 13 4 Suocontractor s subcontractors shall comply with this Section 13 to the same extent required of Subcontractor and an express provision imposing such requirements on lower tier subcontractors shall be included in their subcontracts. Subcontractor shall indemnify, defend and hold the Contractor Indemnified Parties harmless from and against any and all Losses resulting in any way, directly or indirectly, from Subcontractor's failure to comply with the requirements of tk is Section 13, Including fees and costs Incurred by Contractor or Owner tit enforcing this Indemnity 14 Taxes Chnrges 14 1 Subcontractor shall be responsible for all payments of taxes (whether city, county and/or state taxes) contributions and/or premiums payable on its employees or on its operations under workers' compensation laws unemployment compensation laws, the Federal Social Security Act, health and welfare benefit Mans gross business taxes sales and use taxes and any other tares contributions and/or premiums which are payable by the employers and Subcontractor shall indemnify defend and hold the Contractor Indemnified Parties harmless from and against anv and all Losses resulting frottr Subcontractor's failute .o comply with these requirements Subcontractor shall comply with all rufes and regulations at any time applicable hereto and shall on demand subs-,antiale to Contractor s regsonable satisfaction that all taxes and Other charges are being properly paid 15 Eatril OnDortanity 15 1 Subcontractor shall not discriminate against any employee or applicant for employment necause of race, creed, color, ,ex age or national origin 16 Additional Terms Ind Conditions 16 1 71re terms and conditions of this Agreement are expressly modified and amender by those Additional Terms and Conditions set forth in Exhibit "O' attached hereto ("Additional Tents and Conditions) In 591884 Page 67 of 75 County of Orange, OCPublic Yorks AshBritt, Inc EXAMPLE CONTRACT Contract ALA-080-II0I0203 Attachment D Contractor's Subcontract Plan the event that the terms and conditions of this Agreement conflicts with the Additional Terms and Conmtions, the Additional Terns and Conditions shalt prevail and control Gene] al Provisions 17 1 The failure of Contractor to insist in any instance upon strict compliance with any of the provisions of this Agreement, or to exercise any options provided Contractor hereunder, shall not he construed as a waiver of Contractor's right to thereafter require such compliance or to exercise such option 172 This Agreement comonses the entire agreement between Contractor and Subcontractor relating to the Subcontract Work covered hereby and no other agreement representation or uneerstanding concerning the same has been made and no oral statement, understandings or a_::-ement shall affect the terms hereof Further nothing herein shall create anv relationship of agency employment contract obligation or otherwise between Owne, and Sublomraltor 17 3 To the best hnawledge and belief of the parties, this Agreement contains no provision that is contrary to fede-al or state law, ruling or regulation Howeher if any provision of this Agreement shall conflict with any suc'i law, ruling or regulation, then such provision shall continue in effect only to the extent permissible In the rent any provision is thus inoperative the remaining provisions snail, nevertheless, remain in full force and effect � I- 17 4 This Agreement shall be construed and governed by the laws of the State of Florida without giving effect to any choice or confl,ct of law provision or rule Each ofiht parties irrevocably consents to the non- exclusive junsi iction of the courts of the State of Florida located in Broward'County, and of the United States District Courts for the Southem District of rlorida for the purposes of any suit, action, or proceeding relating to or arising out of this Agreement (a "Related Proceedm¢) and irrevocably waives, to the fullest extent it may effectively do so (i) any objection it may have to the laying of -venue of any Related Proceeding in anv such court ano (u) the defense of anv inconvement forum to themaimenance of any Related Proceeding in any such court �- 17 j In any dispute, the prevailing partyzshall be entitled to an award of reasonable attorney's fees paralegal fees filing fees, court costs and all-ot}ie eo.56 involved in the dispute, including any appeals thereof l' 6 This Agreement shall be binding on and inure to the benefit of the he rs, successors and assigns of the parties hereto y��. 5 17 7 All sections and headings are used for convenience only and do not affect the construc ion or interpretation of this Agreement = 17 3 Thtu-.Ag I emev may be executed in any number of counterparts, each of which shalt be (teemed' to be an on_amal but all of whicAhall constitute one and the same Agreement _GIEV 179 Unless the context of this Agreement otherwise clearly requires references to the plural include the singular the term 'including" is not limiting and he terms hereof ' "herein, "hereunder" and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement unless stated otherwise Addmonally the parties hereto acknowledge that they have ..arefully reviewed this Agreement and have had the opportunity to consult with legal counsel of their choosing with respect thereto and that they understand its contents and agree that this Agreement shall not be construed more strongly against any parry hereto, regardless of who is responsible for its preparation 17 10 The following Exhibits are attached hereto and made part hereof Exhibit A Scope of Subcontract Work Exhibit B Contract Sum and Payment Schedule Exhihd C Bond Form Exhibit D Additional Terms and Conditions 591884 Page 68 of 75 County of Orange, OCPubhc Works AshBritt, Inc. EXAMPLE CONTRACT Contract MA-080-11010203 Attachment D Contractor's Subcontract Plan 17 11 This 4greement may not be momiied or chaneed except by a written instrument executed by all of the parties 17 12 Sec,tons 1, 3.2, 5 4, 9 10, 13, 14 and 17 shall survive the tennmation of this Agreement IN WITNESS WHEREOF the parties have executed this Agreement as of the date first wrttteg above CONTRACTOR SUBCONTRACTOR ASHBRITT, INC, a Ronda torpor-ition By Print Name Title 0 a corporation By Print Name Tide 591884 Page 69 of 75 County of Orange, OC Public Woz ks Contract MA-080-11010203 AshBrzt4 Inc. Attachment D Contractor's Subcontract Plan EXAMPLE CONTRACT EXHIBIT A SCOPE OF SUBCONTRACT WORK The scope of the Subcontract Work shall be as follows ]This Exhibit must describe with spenfiah the services to be provided, consistent with the Controlling Documents referred to in the Prime Contract 9nd federal and state regu Is eons ] EXHIBIT B CUNT RACP SUM AND PAYMENT SCHEDULE t� IDescrtbe the consideration to be paid to Subcontract and the payment terms (t e, piyments to be made semi-monthly, monthly, quarterly, annually, eh )] _ Contractor shall retain 10 % from each payment made herein, and -upon final funding, release by the Owner, and full tnd fin it ben telease from Subcontractor, Contractor shall then disburse the retained sums a " EXIjl617r�b3� BOND FORM Attach Bond Form tf applicable or state `None of noCapphcable E"TBIT D ADDTTIONAL TERMS AND CONDITIONS th. s1 j'a IThts Esmbu Mows addthona]*terms and conditions that were negotiated between Contractor and Subcontractor to be included You may not need this Exhibit for every subcontractor and if not, then we would lust put "NONE" here] -9- 591884 Page 70 of 75 County of Orange, OCPuAc Works Contract AM-080-11010203 AshBrett, Inc Attachment D Contractor's Subcontract Plan � Y shS, A'4' 3- 4 ti Environmental Memorandum Date January 13 2010 To All Ash$ritt Employees From Randal Perkins Chief Executive Officer Subject Affirmative Action Plan DECLARATION OF POLICY AshBritt Inc affirms its commitment to the precepts of our Affirmative Action Plan, which has the purpose of maintaining equal employment and promotional opportunity with particular emphasis on improving the minority and/or women workforce population and utilization of minority and/or women owned professional firms, consultants and/or suppliers Special meetings will be conducted with supervisory personnel to etplaui the intent ofthe plan and individual responsibility for effective Implementation making clear our commitment to the program Additionally, the plan will be discussed at employee orientations and management training sessions Outside resources such as recruiter s, subcontractors, vendors, and suppliers will be informed verbally and in wrting about our affirmative action policies Tim Mooney, Senior Marketing Coordindior is hereby appointed the Corporate if lrmauve Action Officer He will have the day-to-day iesponsibihty for the Implementation and monitoring of our plan The Affirmatme Action Plan is available for your review during normal working hours For review of the plan, please contact Tim Mooney at the Pompano Beach office —Signed RP» Randal R Perkins, CEO AsliBrat. inc I Affirmauve action Plan Ashflntt IM 591884 Page 71 of 75 2111 AHaUment County of Change, OCPublic Works Contract M4-080-11010203 AshBriM Inc. AttachmentD Contractor's Subcontract Plan L� xiAs h Britt 1 Environmental rr Affirmative Action Plan Programmatic Activities and Goals AshBritt, Inc is committed to the principles of our Corporate Affirmative Action Plan in all aspects of our business planning and decision making Areas of particular focus as well as examples of our efforts to mandate diversity are delineated below I Employee ReLruitnient The nature of our prime business, responding to natural disasters, is seasonal or at best periodic Therefore, our permanent employment base is limited to approximately 50 employees When deployed to a specific emergency, however, it may increase to 250 or more Our recruitment ,esources and facilities to manage such rapid employee growth effectively include ® AshBritt temporary reserve employee database — Developed smce 1995, it mcludes personnel that have participated in past projects and have received a positive employee rating from their supervisors ® National employee leasmg companies —National leasing companies that have specifically targeted the construction and environmental industries to provide temporary employees ranging in skill level from equipment operators to project managers to engineers. s Local resources (from the location in which we have been deployed) — These include local employee leasing companies, local SBA office, local Dept of Health and Human Services, local trade organizations, reference from local authorities, local solicitations for employment opportunities Examples of our commitment to our Affirmative Action Plan in using the recruitment sources identified are as follows The individuals represented in the AshBritt temporary employee data base have been applied to a Statistical Temporary Workforce Analysis that identifies weaknesses in the diversity of The group and can help to ensure appropriate diversity in the project workplace National leasing companies with which we have an association have been notified in writing ofour status as an EOE, and of our desire for diversity in the employees supplied by their organization Local resources have been especially adept at providing semi -skilled labor and office staff One resource that nas proven exceptional has been the Health and Human Services "Workfare" program AsliBntt has been able to identity, recruit, employ, and train several minority unskilled former welfare recipients The experience and training they receive as a temporary employee with AshBritt allows the individual to severe a long- term skilled position AshBntt, Inc I Affirmative Action Plan 20I0 AshBnit Inc Attachment 591884 Page 72 of 75 County of Orange, OCPubhc Works Contract MA-080-11010203 AshBrrtt, Inc. Attacl:mentD Contractor's Subcontract Plan II Hiring Procedures As discussed in the Recruitment section. AshBria uses its internal database of temporary employees (reservists) to fill permanent and temporary staffing needs For instance if a project requires a Supervisor with Hazardous Materials training, we would query our database for that skill The resultant personnel records wt Il then be evaluated and a minimum of two out of the four company owners will concur on employing the individual on the pay rate on pet diem, etc The database does not contain fields indicating minority or gender status All queries of the database are skill and location driven, and all hires are approved by owners llI Promotion Procedures As the tour company principals partic-pate in semor'management positions, promotional opportunities above field management are not tealistically available Six of XshBritt s twelve permanent field supenntendents are minorities, and they all were identified from their excellent performance as field employees They were provided additional supervisory training and mentored by a senior Project Manager (owner) All ate also unqualified successes in their positrons IV Training Procedures Job related Skill Training is offered universally to all employees with six months full time tenure All costs associated with the training are considered a Company expense and employees involved in training classes aie compensated at their normal rate ofpay during the tenure ofthe training class Training opportunities Include CDL license training OSHA 40 hazardous materials training, Contactots Quality Control training by the U S Army Cops of Engineers and FEMA compliance training V Publicity AshBritt prepares and submits numerous proposals in response to solicitations by municipal and government enmities Each proposal contains a section declaring AshBritt s policy tegaidrng affirmative action The statement further commits AshBritt subcontractors to our affirmative action policy in addition language is included in our Subcontractor Agreement that declares our support for affirmative action and requires similar action by companies or individuals under contract with AshBi itt AsnBrin Inc I Affirmative Action Plan 2010 AshBnir Inc 591884 Page 73 of 75 Aliachment County of Orange, OCPublte Works AshBrtM Inc AshBritt Environmentat Procurement Policy Contract M4-080-11010203 Attachment D Contractor's Subcontract Plan it is the policy of AshBntt, Inc and all of its affiliates to afford equal opportunity to all vendors and suppliers of material to us Firms providing goods and services to AshBntt Inc shall not be discriminated against based on the owners' race, age, set religion, status as a veteran or national origin AshBritt Inc will • Sohwt bids from all qualified firms, regardless of ownership, including use of lists of qualified vendors maintained by the Department of Business Development ® Evaluate all bids so as to further the principles ofnon-discrimination and equal opportunity ® Ensure that final purchases are in accordance with the principals of equal opportunity e Ensure that all procurement actions such as repeat purchases extensions, change orders acceptance policy, etc will be administered without regard to race, age, sex, religion, and status as a veteran or national origin Tim Mooney has been appointed Equal Opportunity Oficer with the responsibility for the coordination and implementation of the program with operating officials and supervisory personnel Furthermore, he is responsible for reporting at regular intervals regarding purchases and contracting We firmly endorse and support our Equal OpDortznrhi Pi ogram, and have established an AfJirmonve Arson Pr ogram to ensure our continued commitment We are confident that all AshBritt, Inc management, employees associates and sutiphers will provide their full support, cooperation and effort to ensure the committed successful achievement of this program AshBntt Management Ash Bi itt, inc I PruLurement PoLLy AshBntt Inc 591884 Page 74 of 75 2010 County of Orange, OCPubhc Works AsltBrttr, Inc. Ash'-", Environmental. Grievance Procedure Contract MA-080-11010203 Attachment D Contractor's Subcontract Plan AshBrttt Inc maintains a grievance policy for all employees to ensure that internal issues of concern can be resolved in an open unthteatenina environment The policy describes a three -step procedure For conflict resolution as follows 1 All grievances must initially be presented to the employee's immediate supervtor If resolution is not achieved, the employee may proceed to step number 2, 2 Grievances unresolved by the immediate supervisor are presented by the emplovee to the Project Manager who will issue a decision in writing within 48 hours of hearing the grievance, 3 If the decision by the Project Manager does not resolve the grievance the employee may request a meeting and review with an AshBritt principal (A minimum of two owners must be present to hear the grievance, which must be presented within a 30-minute ttmeframe, with an additional 30 minutes reserved for questions anc answers The principals will issue a decision in writing within 48 hours and the decision of the o ainers is final ) . Ash Bntt Inc I Cnevance Procedure Psh6ntt Inc 591884 Page 75 of 75 2010 Attachment CITY OF . BEACH Finance Department Lori Ann Farrell Harrison Finance Director December 16, 2015 Mr John Noble Chief Operating Officer ASHBRITT, INC 565 E Hillsboro Blvd Deerfield Beach, FL 33441 Dear Mr Noble Enclosed please find the Indemnification Supplement for the provision of Disaster -Related Debris Management and Recovery Services for signature from either the Chairman of the Board, President or Vice President Once complete, please scan and send us an electronic copy in advance of sending the original for our record to Jslobojan@surfcity-hb org We have enclosed a self addressed envelope to ensure proper delivery In the meantime, should you have any questions, please feel free to contact me at (714) 960- 8820 Respectfully, Jim Slobojan Fiscal Services Manager Enclosures 2000 Main Street, California 92648-27020 Phone 714-536-5630* Fax 714-536-5934+ www surfcity-hb org Esparza, Patty From- Slobolan, Jim Sent: Thursday, February 25, 2016 12 55 PM To. Esparza, Patty Subject Ash Britt Attachments- 20160225124057267 pdf See attached contract for Ash Britt I will look to see if I have the original or if it landed with Public Works In the meantime, what you have is our agreement with Ash Britt to be part of the cooperative agreement that they entered into with the County of Orange