Agreement with Ashbritt, Inc.
AGREEMENT
BETWEEN
CITY OF MIAMI BEACH
AND
ASHBRITT, INC.
FOR
DISASTER RECOVERY SERVICES
This Agreement is made and entered into this 6th day of April 2004 by and between the City of Miami Beach, a political
subdivision of the State of Florida, herein after referred to as "City",
And
Ashbritt, Inc, a Florida Corporation, hereinafter referred to as "Ashbritt",
WHEREAS, City of Miami Beach, a City of the State of Florida, may experience destruction oflife and property because of
hurricanes, floods, tornadoes, and other weather events as well as other natural or technological disasters; and
WHEREAS, governing bodies of political subdivisions of the State of Florida need to provide for disaster recovery technical and
support assistance; and
WHEREAS, although City of Miami Beach has personnel, equipment, and price agreements in place to manage disaster recovery for
most emergency situations, a major catastrophe may overwhelm local capabilities to the point that outside assistance will be required;
and
WHEREAS, during a state or local state of emergency the City Manager may deem it necessary to issue notices to proceed with
certain disaster services.
Now, Therefore, in consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, City and
Ashbritt agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement - means this document, Articles I through 9, inclusive, Other terms and conditions are included in the exhibits
and documents that are expressly incorporated by reference,
1,2 Commission - Commission of the City of Miami Beach,
1,3 City Manager - The City of Miami Beach Manager or the designee of such City Manager. The primary responsibilities of
the City Manager are to coordinate and communicate with Ashbritt and to manage and supervise execution and completion of
the Scope of Services and the terms and conditions ofthis Agreement, as set forth herein, In the administration of this
Agreement, as contrasted with the matters of policy, all parties may rely on instructions or determinations made by the City
Manager; provided, however, that such instructions and determinations do not change the Scope of Services,
1.4 City Attorney - The chieflegal counsel for City.
1.5 Project - The Project consists of the services described in Article 2,
ARTICLE 2
SCOPE OF SERVICES
2,1 Ashbritt shall perform all work identified in this Agreement and "Exhibit A" and "Exhibit D", The parties agree that the
Scope of Services is a description of Ashbritt's obligations and responsibilities and is deemed to include preliminary
consideration and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work
described that exclusion would render performance by Ashbritt impractical, illogical, or unconscionable, This Agreement
does not establish exclusive rights on the part of Ashbritt and the City may at its option retain additional contractors to assist
in disaster recovery efforts,
2,2 Ashbritt acknowledges and agrees that the City Manager has no authority to make changes that would increase, decrease, or
otherwise modify the Scope of Services to be provided under this Agreement,
2,3 All work will be described by a work authorization form that will be signed by the City Manager, or his designee, and shall
describe the extent and limits of each task. No work shall be compensated that is not in accordance with an approved work
authorization, The prescribed work authorization form is attached as "Exhibit E",
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall begin on the date it is fully executed by both parties and shall end on December 31,2004;
provided, however, if the term of this Agreement extends beyond a single fiscal year of City, the continuation of this
Agreement beyond the end of any fiscal year shall be subject to the availability of funds from the City in accordance with
Chapter 129, Florida Statues,
3,2 Time shall be deemed of the essence in performing the duties, obligations, and responsibilities required by this Agreement.
3,3 This Agreement may be renewed by mutual written agreement between the City and Ashbritt for an additional four (4) one-
year terms,
ARTICLE 4
COMPENSATION
4.1 City agrees to pay Ashbritt, in the manner specified in Section 4,2, for work actually performed and completed pursuant to
this Agreement and as detailed in an approved work authorization, which amount shall be accepted by Ashbritt as full
compensation for all such work, It is acknowledged and agreed by Ashbritt that this amount is the maximum payable and
constitutes a limitation upon City's obligation to compensate Ashbritt for its services related to this Agreement, This
maximum amount, however, does not constitute a limitation, of any sort, upon Ashbritt's obligation to perform all items of
work required by or which can be reasonably inferred from the Scope of Services, Ashbritt is only eligible for compensation
for specifically approved and successfully completed work authorizations, No amount shall be paid to Ashbritt to reimburse
its expenses, Work authorization costs connected to Exhibits "A" and "D" shall be payable based on a standard of
reasonableness, but in no circumstance shall City be liable to Ashbritt for costs that exceed reasonable costs as determined by
the Federal Emergency Management Agency (FEMA), Ashbritt shall reimburse costs paid by City to Ashbritt at rates that
are determined by FEMA as not reasonable to City,
4.2 Method of Hillin!!: and Payment
4.2,1 Ashbritt may submit invoices for compensation no more often than on a montWy basis, but only after the services
for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen
(15) days of the end of the month excepl the final invoice which must be received no later than sixty (60) days after
this Agreement expires, Invoices shall reference the specific work authorization and approval date and designate the
nature of the services performed and/or the expenses incurred,
2
4,2,2 Ashbritt hereby waves all rights to make claims for prompt payment that Ashbritt may accrue pursuant to the "City
of Miami Beach Prompt Payment Ordinance" and general statutory laws relating to prompt payment or both,
4.3 Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in part, payment to the
extent necessary to protect itself from loss on accounl of inadequate or defective work which has not been remedied or
resolved in a manner satisfactory to City Manager The amount withheld shall not be subject to payment of interest by the
City,
4,4 Payment shall be made to Ashbritt at:
Ashbritt, Inc,
480 S. Andrew Ave
Suite 103
Pompano Beach, Fl 33069
ARTICLE 5
CHANGES IN SCOPE OF SERVICES
5,1 Any change in Scope of Services must be accompanied by a written amendment, executed by the parties in accordance
with Section 9.18 below,
ARTICLE 6
INDEMNIFICATION
6,1 Ashbritt shall at all times hereafter indemnify, hold harmless and, at City Attorney's option, defend or pay for an attorney
selected by the City Attorney to defend City, its officers, agents, servant, and employees against any and all claims,
losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent
act or omission of Ashbritt, its employees, agents, servants, or officers, or accruing, resulting from, or related to the
subject matter of this Agreement including, without limitation, any and all claims, demands, or causes of action of any
nature whatsoever resulting from injuries or damages sustained by any person or property, The provisions of this section
shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City
Manager and City Attorney, any sums due Ashbritt under this Agreement may be retained by the City until all of City's
claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld
shall not be subject to payment of interest by the City.
ARTICLE 7
INSURANCE
7,1 In order to insure the indemnification obligation contained above, Ashbritt shall, as a minimum, provide, pay for, and
maintain in force at all times during the term of this Agreement (unless otherwise provided), the insurance coverage's as
set force in Sections 7,3, 7.4, and 7,5, in accordance with Ihe terms and conditions required by this article, Each
Insurance policy shall clearly identify the foregoing indemnification as insured,
7,2 Such policy or policies shall be without any deductible amount and shall be issued by approved companies authorized to
do business in the state of Florida, and having agents upon whom service of process may be made in City of Miami
Beach, Florida, Ashbritt shall specifically protect the City and the City of Miami Beach Conunissioners by naming the
City of Miami Beach, Florida and the City of Miami Beach Conunission as additional insured's under the
Comprehensive General Liability policy only,
7,3 Comprehensive General Liability insurance. A Comprehensive General Liability insurance Policy shall be provided
which shall contain minimum limits of Five Hundred Thousand Dollars ($500,000,00) per occurrence combined single
limit for bodily injury liability and property damage liability, Coverage must be afforded on a form no more restrictive
3
than the latest edition of Comprehensive General Liability Policy, without restrictive endorsements, as filed by the
Insurance Services Office and must include:
Premises and lor operations
Independent Contractors
Products and/or Completed Operations for contracts
Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or
indemnification agreement.
Personal Injury coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage
equal to those required for bodily injure liability and Property damage liability,
7.4 Business Automobile Liability, Business Automobile liability with minimum limits of Three Hundred Thousand
Dollars ($300,000,00) per occurrence combined single limit for bodily Injury Liability and Property Damage Liability,
Coverage must be afforded on a form no more restrictive than the latest edition of Business Automobile Liability Policy,
without restrictive endorsements, as filed by the Insurance Services Office and must include:
Owned Vehicles
Hired and Non-owned Vehicles
Employers' Non-Ownership
7,5 Worker's Compensation Insurance, Worker's Compensation Insurance to apply for all Ashbritt employees in
compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, In addition,
the policy(ies) must include:
Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000,00) per each accident.
If any operations are to be undertaken on or about navigable waters, coverage must be included for the US
Longshoremen & Harbor Workers Act and Jones Act.
7,6 Ashbritt shall furnish to the City Manager Certificates oflnsurance or endorsements evidencing the insurance coverages
specified by this Article prior to beginning performance of work under this Agreement.
7.7 Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of
Ashbritt is completed, All policies must be endorsed to provide City with at least thirty (30) days notice of cancellation
and/or restriction, If any of the insurance coverages will expire prior to the completion of work, copies of renewal
policies shall be furnished at least thirty (30) days prior to the date of their expiration,
ARTICLE 8
TERMINATION
8,1 If either the City of Ashbritt shall default in the observance or performance of any term, covenant or condition, of this
agreement, this Agreement may be terminated for cause by the non-defaulting party, if the party in default has not
corrected the default within ten (10) calendar days after written notice from the aggrieved party identifying the breach; or
for convenience by the City, and without cause, by action of the City Manager upon not less than sixty (60) calendar
days' written notice by City Manager. This Agreement may also be immediately terminated for cause by the City
Manager, said immediate termination effeclive upon verbal notice to Ashbritt if the City Manager deems, in his
reasonable judgment, that immediate termination is necessary to protect the public health, safety, or welfare, Failure to
perform in accordance with a work authorization may also, al the City's option, result in immediate termination of this
Agreement.
8,2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure
to continuously perform the work in a manner calculated to meet or accomplish the objectives of City as set forth in this
agreement and detailed in an approved work authorization, or breach of the provisions of this Agreement, not-
withstanding whether any such breach was previously waived or cured,
4
8,3 Notice of termination shall be provided in accordance with the "Notices" section of this Agreement except that notice of
immediate termination by the City Manager, as provided in Section 8,1 may be made by verbal notice, which shall be
promptly confirmed in writing in accordance with the "Notices" section of this Agreement.
8.4 In the event this Agreement is terminated for convenience, Ashbritt shall be paid for any services performed to date the
Agreement is terminated; however, upon being notified of City's election to terminate, Ashbritt shall refrain from
performing further services or incurring additional expenses under the terms of this Agreement. Ashbritt acknowledges
and agrees thaI one hundred dollars ($100.00) of the compensation to be paid by City, the adequacy of which is hereby
acknowledged by Ashbritt, is given as specific consideration to Ashbritt for City's right to terminate this Agreement for
convemence.
8,5 In the event this Agreement is terminated, any compensation payable by the City shall be withheld until any and all
documents are provided to City pursuant to Section 9,1 of Article 9,
ARTICLE 9
MISCELLANEOUS
9,1 Ownership of Documents - Any and all reports, photographs, surveys and other data and documents provided or created
in connection with this Agreement are and shall remain the property of City, In the event of termination of this
Agreement, any reports, photographs, surveys, and other data and documents prepared by Ashbritt, whether finished or
unfinished, shall become the property of City and shall be delivered by Ashbritt to the City Manager within seven (7)
days oftermination of this Agreement by either party, Any compensation due to Ashbritt shall be withheld until all
documents are received as provided herein,
9,2 Audit Right and Retention of Records - City shall have the assignable right (to FEMA, for example) to audit the
books, records, and accounts of Ashbritt that are related to this project. Ashbritt shall keep such books, records, and
accounts as may be necessary in order to record complete and correct entries related to the project
Ashbritt shall preserve and make available, at reasonable times for examination and audit by City, all financial records,
supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention
period of the Florida Public Records Act (chapter 119, Fla, Stat.), if applicable, or if the Florida Public Records Act is
not applicable, for a minimum period of three years after termination of this agreement. If any audit has been initiated
and audit findings have not been resolved at the end of the retention period or three years, whichever is longer, the
books, records, and accounts shall be relained until resolution of the audit fmdings, If the Florida Public Records Act is
determined by City to be applicable to Ashbritt's records, Ashbritt shall comply with all requirements thereof; however,
no confidentiality or non-disclosure requirement of either federal or slate law shall be violated by Ashbritt, Any
incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery
of any payment upon such entry,
9.3 Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act - Ashbritt shall not
unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in
fulfilling its obligations under this Agreement. Ashbritt shall affirmatively comply with all applicable provisions of the
Americans with disabilities Act (ADA) in the course of providing any services funded by the City, including Titles I and
II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines and
Slandards, In addition, Ashbritt shall lake affirmative steps to ensure nondiscrimination in employment against disabled
persons, Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and
conditions of employment, training (including apprenticeship), disability accommodation and accessibility,
Ashbritt's decisions regarding the delivery of services under this Agreement shall be made without regard to or
consideration of race, age, religion, color, gender, sexual orienlation (City of Miami Beach Code, Chapter 16 1/2),
national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be
lawfully used as a basis for service delivery,
5
9.4 Public Entity Crime - Ashbritt represents that the execution of this Agreement will not violate the Public Entity Crime
Act (Section 287,133, Florida Statues), which essentially provides that a person or affiliate who is a contractor,
consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public
Entity Crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a
contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real
property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with City, and may not transact any business with City in excess of the threshold amount provided in Section
287,017, Florida Statutes, for category two purchases for a period of thirty six (36) months from the date of being placed
on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all
monies paid hereto, and may result in debarment pursuant to the City's Debarment Ordinance,
In addition to the foregoing, Ashbritt further represents that there has been no determination, based on an audit, that it
committed an act defined by Section 287,133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing any act defined as a "public entity crime" regardless of the amount of money involved
or whether Ashbritt has been placed on the convicted vendor list.
9,5 Independent contractor - Ashbritt is an independent contractor under this Agreement. Services provided by Ashbritt
pursuant to this Agreement shall be subject to the supervision of Ashbritt, In providing such services, neither Ashbritt
nor its agents shall act as officers, employees, or agents ofthe City, This Agreement shall not constitute or make the
parties a partnership or joint venture,
9,6 Prevailing wage requirement- As applicable, Ashbritt shall fully comply with the requirements of the City's Prevailing
Wage Ordinance No, 94-2960, as some may be amended, and shall satisfy, comply with, and complete the requirements
set forth in Exhibits Band C,
9,7 Third Party Beneficiaries- Neither Ashbritt nor City intend to directly or substantially benefit a third party Agreement.
Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be
entitled to assert a claim against either of them based upon this Agreement. The parties expressly acknowledge that it is
not their intent to create any rights or obligations in any third person or entity under this Agreement.
9,8 Notices- Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified
United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of
acknowledgement of delivery, addressed to the party for whom it is intended at the place specified below, The place for
giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section.
For the present, the parties designate the following:
For City of Miami Beach:
Robert C, Middaugh, Assistant City Manager
City of Miami Beach
1700 Convention Center Dr, 4th Floor, City Managers Office
Miami Beach, FI 33139
For Ashbritt:
Mr, Randall Perkins, Vice President
Ashbritt, Inc.
480 S, Andrews Ave
Suite 103
Pompano Beach, FL 33069
9,9 Assignment and Performance- Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by either party, In addition, Ashbritt shall not assign any portion of the work required by this Agreement, It
is envisioned that substantial subcontracting will take place on the part of Ashbritt in order to accomplish approved work
authorizations. Ashbritt will provide an updated list of subcontractors on a daily basis to the City Manager.
Ashbritt represents that all persons delivering the services required by this Agreement have the knowledge and skills,
either by training, experience, education or a combination thereof, to adequately and competently perform the duties,
6
obligations, and services set forth in the Scope of Services and approved work authorization services to City's
satisfaction for the agreed compensation,
Ashbritt shall perform its duties, obligations, and services under this Agreement in a skillful and respectful manner, The
quality of Ashbritt' s performance and all interim and final product( s) provided to or on behalf of City shall be
comparable to the best local and national standards,
9.10 Conflicts- Neither Ashbritt nor its employees shall have or hold any continuing or frequently recurring employment or
contractual relationship that is substantially antagonistic or incompatible with Ashbritt's loyal and conscientious exercise
of judgment related to its performance under this Agreement.
Ashbritt agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness
against City in any legal or administrative proceeding in which he or she is not a party, unless compelled by court
process, Further, Ashbritt agrees that such persons shall not give sworn testimony or issue a report of writing, as an
expression of his or her expert opinion, which is adverse or prejudicial to the interests of the City in connection with any
such pending or threatened legal or administrative proceeding, The limitations of this section shall not preclude Ashbritt
or any other persons from representing themselves in any action or in any administrative or legal proceeding,
In the event Ashbritt is permitted to utilize subcontractors to perform any services required by this Agreement, Ashbritt
agrees to prohibit such subcontractors, by written contract, from having any conflicts within the meaning of this section,
9, II Contingency Fee- Ashbritt warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for Ashbritt, to solicit or secure this Agreement and that it has not paid or agreed to pay any
person, company, corporation, individual or finn, other than a bona fide employee working solely for Ashbritt, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this
Agreement. For a breach or violation of this provision, City shall have the right to terminate this Agreement without
liability at this discretion, or to deduct from the Agreement price or otherwise recover the full amount of such fee,
commission, percentage, gift, or consideration,
9,12 Enforcement- City and Ashbritt agree that each requirement, duty, and obligation set forth herein is substantial and
important to the formation ofthis Agreement and, therefore, is a material term hereof.
City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification
of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of this Agreement.
9,13 Compliance with Laws- Ashbritt shall comply with all federal, state, and local laws, codes, ordinances, rules, and
regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement,
9,14 Severance- In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid; the
remaining provisions shall continue to be effective unless City or Ashbritt elects to terminate this Agreement. An
election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by
the court becomes final.
9,15 Joint Preparation- The parties acknowledge that they have sought and received whatever competent advice and
counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that
the preparation of this Agreement has been their j oint effort, The language agreed to expresses their mutual intent and
the resulting document shall not, solely as a matter of judicial construction, be constructed more
severely against one ofthe parties than the other.
9,16Priority Of Provisions- If there is a conflict or inconsistency between any term, statement, requirement, or provision of
any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this
Agreement by reference and a term, requirement, or provision of this Agreement the term statement requirement, or
provision contained in Articles I through 9 of this Agreement shall prevail and be given effect,
9,17 Applicable Law and Venue- This Agreement shall be interpreted and construed in accordance with and governed by
the laws of the State of Florida, Any controversies or legal problems arising out if this Agreement and any action
7
involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State
courts of the Eleventh Judicial Circuit of Miami-Dade County, Florida, By entering into this Agreement, Ashbritt and
City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising
out of the Agreement.
9.18 Amendments- No modification, amendment, or alteration in the terms or conditions contained herein shall be effective
unless contained in a written document prepared with the same or similar formality as this Agreement and executed by
the Commission and Ashbritt,
9.19 Prior Agreements- This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein and the parties agree that there are no
commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in
this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration
in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 9,18
above,
9,20 Incorporation by Reference- The attached exhibits A, B, C, D, and E are incorporated into and made a part of this
Agreement.
9,21 Multiple Originals- This Agreement may be fully executed in three (3) copies by all parties, each of which, bearing
original signatures, shall have the force and effect of an original document,
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: CITY OF MIAMI BEAC~ through
MISSION, signing by and through its Mayor, authorized to execute same by Commission action on the ~ day of
kl2- UlO), 200, and ASHBRITT, signing by and through its President, duly authorized to execute same,
AGREEMENT BETWEEN CITY OF MIAMI BEACH AND ASH RITT, INC, FOR DISASTER RECOVERY SERVICES
CITY
ATTEST:
~Lt~
APPROVED NJ TO
FORM & LANGUAGE
.. FOR EXECUTION
1r~l/~ 1~1-tJ~
I torney~ Date
AGREEMENT BETWEEN CITY OF MIAMI BEACH AND ASHBRITT, INC" FOR DISASTER RECOVERY SERVICES
8
AGREEMENT BETWEEN CITY OF MIAMI BEACH AND ASHBRITT, INC" FOR DISASTER RECOVERY SERVICES
ASHBRITT, INC.
WITNESSES:
By
ldayot ~6 ,2001,
City Attorney
9
EXHIBIT A
1, Debris Manaaement. ASH BRITT shall, but not be limited to, the removal all hazards to life and property resulting
from the disaster, Clean-up, demolition, and removal shall be work authorization approved by the CITY Project
Manager by individual work authorizations. Clean-up, demolition, and removal shall be limited to eligible debris,
Eligible debris is that which after its clean-up, demolition, and removal: 1) eliminates immediate threats to life,
public health, and safety; 2) eliminates threats of significant damage to improved public or private property; and 3)
is essential by its absence of ensuring economic recovery, Scope of Services shall include, items such as
emergency road clearance, debris removal from public rights-of-way, removal of hazardous stumps, leaning
trees/limbs, temporary debris staging areas and reduction sites, debris disposal, hazardous waste abatement,
and sand $Creening, etc,
2, Technical Disaster Recoverv Assistance, ASHBRITT shall provide disaster recovery technical assistance to
elected and appointed officials of CITY government. This assistance shall include documentation and
management for the public assistance program, planning, training, and exercise development, as well as
attendance at the City of Miami Beach Emergency Operations Center (EOC) during activation of the EOC for
exercise and actual emergency events as requested by the City Manager.
3. Temoorarv Satellite Communications, ASHBRITT shall provide Temporary Satellite Communications equipment
and .on-air" talk time to the CITY to facilitate emergency communications within the CITY and with outside
agencies because of the loss of communications capability. Specifically, ASHBRITT shall provide the satellite
communications equipment and space time as listed in the work authorizations and the notice to proceed.
4, Emeraencv Power Generators, ASH BRITT shall provide Temporary Emergency Power Generators to CITY to
supply temporary electricity to critical facilities because of power failures. Specifically, ASH BRITT shall provide
the power generation equipment to the capacity and quantity as listed in the work authorizations and the notice to
proceed,
5, Emeraencv Deliverv of Ice, ASHBRITT shall provide an Emergency Supply of Ice to CITY to facilitate food
storage and other life sustaining measures, Specifically, ASHBRITT shall provide the ice within the specifications
and quantities as listed in the work authorizations and the notice to proceed,
6. Emeraencv Deliverv of Potable Water, ASH BRITT shall provide an Emergency Supply of Potable Water to CITY
to facilitate a safe supply of water for human consumption, cooking of food, and other life sustaining measures.
Specifically, ASHBRITT shall provide the potable water within the specifications and quantities as listed in the
work authorizations and the notice to proceed, Ashbritt will also provide portable sanitary toilet facilities for the
City Municipal complex,
7, Emeraencv Eauioment Rental. Labor. Materials. and Suoolies, ASHBRITT shall provide Emergency Rental of
Light, Medium, and Heavy Equipment; Trucks and other Vehicles; Labor; Materials; and Supplies as requested by
CITY, Specifically, ASHBRITT shall provide the rental of light, medium, and heavy equipment; trucks and other
vehicles; labor; materials; and supplies as listed in the work authorizations and the notice to proceed,
8. Loaistical Staaina Areas, ASH BRITT shall provide for the operation and management of Logistical Staging Areas
to facilitate disaster recovery operations. Specifically, ASH BRITT shall provide for the supplies and labor for the
operations and management needed to establish and operate Logistical Staging Areas within the specifications
and quantities as listed in the work authorizations and the notice to proceed.
9. Services and Facilities, ASH BRITT shall provide and pay for all labor, tools, equipment, transportation,
supervision, and all other services and facilities of any nature whatsoever necessary to execute, complete and
deliver the services within the term specified in the work authorization, All work authorizations involving a time
and materials portion of this Agreement shall have a not-to-exceed amount placed within them,
10, Permits and Licenses, ASHBRITT shall obtain, with the assistance of CITY, Permits and Licenses of a temporary
nature necessary for the prosecution of Services, ASHBRITT shall not be responsible to obtain permits or
10-
licenses where the requirement for which has or will be waived because of a declaration of emergency or
disaster.
11, Suoervision bv ASHBRITT, Under the general oversight of the CITY, ASH BRITT shall supervise and direct all
work, workers, and equipment. ASH BRITT is solely responsible for the means, methods, techniques, sequences,
safety program, and procedures utilized, ASHBRITT shall employ and maintain on the work site a qualified
supervisor(s) who shall have full authority to act on behalf of ASHBRITT, and all communications given to the
supervisor in writing by the CITY'S Authorized Representative shall be as binding as if given to ASHBRITT.
12. Other Related Work, ASHBRITT shall perform other related work as directed by the City Manager,
11-
EXHIBIT B
Prevailina Waae Rates: Providing that, in all non-federally funded construction procurement activity of $1,000,000 or
more, the rate of wages and fringe benefit payments for all laborers, mechanics, and apprentices shall not be less than
those payments for similar skills in classifications of work in like industries as determined by the Secretary of Labor and as
published in the Federal Register (latest revision),
10 Prevailina Waae Rate Ordinance, This Project is not federally funded. If the construction cost is in
excess of $1 ,000,000, the following sections shall apply:
1,1, The rate of wages and fringe benefit payments for all laborers, mechanics, and apprentices shall
not be less than those payments for similar skills in classifications of work in a like construction
industry as determined by the Secretary of Labor and as published in the Federal Register (latest
revision),
1,2, All mechanics, laborers, and apprentices, employed or working directly upon the site of the work
shall be paid in accordance with the above-referenced wage rates. ASHBRITT shall post notice
of these provisions at the site of the work in a prominent place where it can be easily seen by the
workers,
1.3. If the parties cannot agree on the proper classification of a particular class of laborers or
mechanics or apprentices to be used, the City Manager will make the final determination.
1,4, In the event it is found by the City Manager that any laborer or mechanic or apprentice employed
by ASHBRITT, or any Subcontractor directly on the site of the work has been or is being paid at a
rate of wages less than the rate of wages required by the ordinance, the City Manager may: (1)
by written notice to ASHBRITT terminate its right to proceed with the work or such part of work for
which there has been a failure to pay said required wages; and (2) prosecute the work or portion
thereof to completion by contract or otherwise, Whereupon, ASH BRITT and its sureties shall be
liable to CITY for any excess costs occasioned to CITY thereby,
1,5, Sections 1,1 through 1,4 above shall apply to this Contract to the extent that it is: (1) a prime
Contract subject to the ordinance; or (2) a subcontract also subject to the ordinance under such
prime Contract.
1,6, ASHBRITT shall maintain payrolls and basic records relating thereto during the course of the
work and shall preserve such for a period of 3 years thereafter for all laborers, mechanics, and
apprentices working at the site of the work. Such records shall contain the name and address of
each such employee; its current classification; rate of pay (including rates of contributions for, or
costs assumed to provide, fringe benefits); daily and weekly number of hours worked; deductions
made; and actual wages paid,
1,7, ASHBRITT shall submit, with each requisition for payment, a signed and sworn "Statement of
Compliance" attesting to compliance with City of Miami Beach, The Statement shall be in the
form attached as Exhibit C,
1,8, The City Manager may withhold or cause to be withheld from ASH BRITT so much of the
payments requisitioned as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, watch persons, and guards employed by ASHBRITT or any
subcontractor on the work, the full amount of wages required by this Agreement.
1,9, If ASHBRITT or any subcontractor fails to pay any laborer, mechanic, or apprentice employed or
working on the site of the work all or part of the wages required by this Agreement, the City
Manager may, after written notice to ASH BRITT, take such action as may be necessary to cause
suspension of any further payments or advances until such violations have ceased.
12-
Contract No,
EXHIBIT C
STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE)
No,
Project Title
The undersigned ASHBRITT hereby swears under penalty of perjury that, during the period covered by the application for
payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of
the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits
have not been less than those required by City of Miami Beach and the applicable conditions of this Agreement.
Dated}b <1 ~~,
ASH BRITT
STATE oJiovltM.u )
CITY OF'frl~SS,
e 'foregoing instrument was acknowledged before me this ~ day ofA~h1..U..Ctc\
I f\AO who is personally known to me or who has produced
tion and who did/did not take n oath.
(NOTARY SEAL)
LORETTA R BOONE
MY COMMISSION * DO 258198
EXPIRES: October 13, 2007
Bonded Thru Notary POOIIc Underwriters
My commission expires:
By
By
,,,J()otf. by
as
day of JJ.bMAOAj ,~{
(Serial number, if any)
13-
Exhibit D
Disaster Recovery Services
RLI # 0810o-00-RB
All prices noted in this attachment are considered a baseline estimate. Actual prices that will be charged will be
justified at the time a work authorization is approved. All costs must be based upon reasonable expenses for
labor, equipment, material, and overhead/profit. Under no circumstances will costs that exceed reimbursable
limits acceptable to the Federal Emergency Management Agency (FEMA) be proposed or approved in a work
authorization.
Emergency Road Clearance
AshBritt shall accomplish the cutting, tossing, and/or pushing of debris, hanging limbs, or leaning trees from
primary roads as identified and directed by City of Miami Beach. The debris shall be stacked on the right-of-
way to allow passage of vehicles along the primary transportation routes.
Compensation shall be as per attached hourly rate schedule.
Debris Removal from Public Right-of-Way
As directed by City of Miami Beach, AshBritt shall load and haul all eligible debris to a City designated
Temporary Debris Storage and Reduction Site (TDSRS) or other disposal destination.
o to 15 miles $12.75 per cubic yard
16 to 30 miles $15.75 per cubic yard
Debris Seoaration/Reduction and TDSRS Management
AshBritt shall operate and manage the TDSRS to accept and process all event debris. AshBritt shall perform
any site preparation, to include but not be limited to: (1) building and/or maintaining roads; (2) construction of a
roofed inspection tower sufficient for a minimum of three inspectors; (3) any environmental requirements
necessary to include wind control fencing, silt fencing, hazardous materials containment area, and/or water
retention berms. All debris will be processed in accordance with all local, state and federal rules, standards and
regulations. Processing may include, but is not limited to, reduction by tub grinding, incineration when
approved, or other alternate methods of reduction such as compaction. Prior to reduction all debris will be
segregated between vegetative debris, C&D, recyclable debris, white goods, and hazardous waste. Upon the
closure of the TDSRS the site will be restored to its Pre-Use Condition.
Operation ofTSDRS $6.75 per cubic yard
14-
Hazardous Stumps
AshBritt shall remove hazardous stumps as identified and directed by City of Miami Beach. Stump removal
shall include backfilling the void with appropriate fill material and hauling the stump to the TDSRS.
Stumps up to 6 inches in diameter
Stumps greater than 12 inches, less than 24 inches in diameter
Stumps greater than 24 inches, less than 48 inches in diameter
Stumps equal to or greater than 48 inches in diameter
$ 125.00
$ 250.00
$ 500.00
$1250.00
Sand Screening
As directed by City of Miami Beach, AshBritt shall screen sand to remove all eligible debris deposited by the
event. This process includes the collection of debris laden sand, transporting the sand to the processing screen
located on the beach, processing the debris laden sand through the screen and returning the sand to the
approximate original location. Debris removed from the sand will be collected, hauled, and processed as ROW
debris.
Sand Screening
$12.00 per cubic yard
Final Disposal
AshBritt shall load and transport processed debris to from the TDSRS to a final disposal site as directed by City
of Miami Beach.
o to 15 miles $7.00 per cubic yard
15 to 30 miles $8.50 per cubic yard
Technical Assistance
AshBritt shall provide disaster recovery technical assistance to elected and appointed officials of City of Miami
Beach. This service shall include documentation and management for the public assistance program, planning,
training, and exercise development.
Service provided at no additional charge
Permits and Licensing
AshBritt shall obtain, with the assistance of City of Miami Beach, permits and licenses of a temporary nature
necessary for the execution of the scope of services.
Service provided at no additional charge
15-
'"
Quality Assurance and Supervision
AshBritt shall provide sufficient supervision and programmatic controls to ensure compliance with procedural
and regulatory standards established by FEMA, State of Florida, and City of Miami Beach.
Service provided at no additional charge
Temporary Satellite Communications
AshBritt shall provide temporary satellite communications equipment and service as directed by City of Miami
Beach to facilitate emergency communications within City of Miami Beach and with state and federal agencies
supporting City of Miami Beach's recovery effort.
Satellite Communications provided at actual equipment lease and airtime cost, plus 15 percent
Emergencv Delivery of Ice
As directed by City of Miami Beach, AshBritt shall provide an emergency supply of ice to facilitate food
storage and other life sustaining measures. Ice is delivered by refrigerated trucks in 40,000 Ib increments, with
20 pallets of bagged ice to each delivery.
Emergency Ice
$0.31 perpound*
Additional Charge for storage
Additional Charge for final distribution
Additional Charge for standby (waiting to unload) past 4 hours
Emergencv Delivery of Potable Water
As directed by City of Miami Beach, AshBritt shall provide an emergency supply of water to facilitate a safe
water supply for human consumption, cooking of food, and other life sustaining measures. Water is delivered
by truck with 20 pallets per trailer.
Emergency Water
$1.90 per gallon*
$0.15 per gallon to unload
Additional Charge for storage
Additional Charge for fmal distribution
Additional Charge for standby (waiting to unload) past 4 hours
16-
'"
Emergency Power Generators
As directed by City of Miami Beach, AshBritt has the capability to provide emergency power generators to
supply temporary electricity to critical City facilities. Prior to establishing pricing for temporary generators it is
necessary to collect technical information regarding the potential type and use of power at each facility
indicated by the City. It is also necessary to determine the City's needs for technicians and the availability of
emergency fuel supply. Unlike other emergency commodities power generators must be tailored to the specific
need.
Emergency Power Generators
Price TBD
Demolition of Structures. Debris Removal from Private Property (ROE)
As directed by City of Miami Beach, AshBritt shall demolish unsafe structures and remove debris that has been
determined by the City to be a threat to the health and safety of the public. Examples of enabling elected body
resolutions and other necessary documentation for the right-of-entry (ROE) process are provided by the
technical assistance experts working with AshBritt and City of Miami Beach. Debris generated through the
ROE program will be placed on the right-of-way and collected as part of the ROW debris program.
Compensation per attached hourly rate schedule
17-
',.
. .
Hourly Equipment Schedule
With Operators for Emergency Road Clearance, Leaning Trees,
Hanging Limbs, and Debris Removal From Private Property (ROE)
210 Prentice Loader
Hourlv
$140.00
EQuivment
Self Loading Prentice truck - 25 to 40 yard dump body
$130.00
Wheel Loader, John Deere 544 or equivalent - 2 112 to 3 yard bucket
$105.00
Tandem Dump Truck - 16 to 20 yards
$ 75.00
Mini Loader Bobcat or equivalent
$ 55.00
D6 Dozer or equivalent
$115.00
Wheel Loader, John Deere 644 or equivalent - 3 to 5 yard bucket
$125.00
$115.00
$ 35.00
Excavator, Cat 325 or equivalent wI debris loading grapple
Chainsaw Operator with gear
Supervisor with pick-up truck
$ 45.00
Safety Manager with pick-up truck
$ 45.00
Mechanic's Truck with tools
$ 45.00
Flagmen for traffic control
$ 28.50
Trash Transfer Trailers - 110 yard with Tractor
$125.00
Bucket Truck - 50 cubic yard bed
$135.00
Equipment Transports
$ 90.00
Clerical
$ 35.00
$ 25.00
Laborers
Mobilization and Demobilization
A Pass Thru
18-