Okaloosa County BOCC — November 4, 2012 — R & E Farms Contract

EXHIBIT B CONTRACT, LEASE, AGREEMENT CONTROL FORM Date: 2 [sloop Contract/Lease Control #: C0Q9-1691-WS Bid #: WS71-08 Contract/Lease Type: CONTRACT Award To/Lessee: R & E FARMS, LLC Lessor: (Alooa Lounty Effective Date: 10/20/2008 Term: 9/30/2013 Description of Contract/Lease: BIOSOLIDS REMOVAL Department Manager: WATER & SEWER Department Monitor: J. LITTRELL Monitor's Telephone #: 651-7172 Monitor's FAX #: 651-7193 Date Closed: Cc: Finance Dept Contracts & Grants Division Board of County Commissioners Purchasing Department State of Florida August 10, 2012 CONTRACT/LEASE RENEWAL FORM R&E Farms LLLC Attn: William Rivenbark 625 Burnt St CONTRACT # C09-1691-WS Black, AL 36314 R & E FARMS, LLC BIOSOLIDS REMOVAL RE: Bio Solids Removal EXPIRES: 09/30/2013 Dear Mr. RivenBark: The Okaloosa County Water & Sewer Department wishes to renew the subject contract/lease, C09-1691-WS for an additional term. The contract renewal period will be 10-1-2012 to _9-30-2013. If you are in agreement, please sign below and return this form along with a current Certificate of Insurance listing Okaloosa County as co-insured (if applicable) to ocws, 1804 Lewis Turner Blvd., Ste 300, Fort Walton Beach, FL 32547. (Attn: Alice Gaston). COUNTY REPRESENTATIVE AUTHOURIZED COMPANY REPRESENTATIVE Dept./Director: Water & Sewer Contractor: A t Cc fay WN Sy L LE ; Approved By: J al A Approved By: LY MM bAy Z— Print Name: ff Littrell print Name: (aitbiaur Ali veubar Uv Title: Director Tite: CO- DW HE JMe na Gee Date: Date: a- lé -| 2- County Department Instructions: 1) Obtain signatures from Department Director and authorized Company Representative. 2) Make sure the company provides a current Certificate of Insurance. (If applicable) 3) Keep a copy of this form for your records. 4) Send original to; Jack Alien, Purchasing Services Manager. If you have any questions please contact Jack Allen at 850-689-5960, Fax—850-689-5998, e-mail: jallen@co.okaloosa.fl.us “Ta as sft . ch Fs ee See ee oe a ae To: OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS From:R&E FARMS, LLC. We at R&E FARMS, LLC. Are requesting a price increase of 75 cents per yard for the Land Application of the biosolids from the Arbennie Pritchett Water Reclamation Facility. The price increase is in part due to 2012 land rent and fuel price increases. The main reason for the price increase is the 2013 Florida Department of Environmental Protection new 62-640 rule This rule applys to all biosolids disposal companys. A biosolids company will have to double the amount of land to handle the same amount of biosolids. There is also a good possibility that biosolids companys will have to drill water monitoring wells. This price increase would take place at the time of the 2013 Contract renewal. R&E FARMS, WH AML Signature A Date 3-15-1227 OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONNERS CHAIRMAN OF.THE BOARD signatuhe—{) ow basen Date__ “Y-/ 7 -/ 2 CONTRACT # C09-1691-WS R & E FARMS, LLC BIOSOLIDS REMOVAL EXPIRES: 09/30/2012 Board of County Commissioners Purchasing Department State of Florida August 18, 2011 CONTRACT/LEASE RENEWAL FORM R&E Farms LLLC Attn: William Rivenbark CONTRACT # C09-1691-WS 625 Burnt St R&E FARMS, LLC Black, AL 36314 BIOSOLIDS REMOVAL EX . RE: Bio Solids Removal PIRES: 09/30/2012 Dear Mr. RivenBark: The Okaloosa County Water & Sewer Department wishes to renew the subject contract/lease, C09-1691-WS for an additional term. The contract renewal period will be 10-1-2011 to 9-30-2012 If you are in agreement, please sign below and return this form along with a current Certificate of Insurance listing Okaloosa County as co-insured (if applicable) to OCWS, 1804 Lewis Turner Bivd., Ste 300, Fort Walton Beach, FL_32547. (Attn: Jerry Menze). COUNTY REPRESENTATIVE AUTHOURIZED COMPANY REPRESENTATIVE Dept./Director: Water & Sewer__, Contractor: fis E E, AAS LLC ——— ¢ Approved By: ~\. I} [ all Approved By: LAL Print Name: Jeff Littrell Print Name: lv: Mf; am A ibeu al’ Title: Director Title: MUaenas gle COanee Date: Bf | af 201 / Date: S22 / 2Oll County Department Instructions: 1) Obtain signatures from Department Director and authorized Company Representative. 2) Make sure the company provides a current Certificate of Insurance. (If applicable) 3) Keep a copy of this form for your records. 4) Send original to; Jack Allen, Purchasing Services Manager. If you have any questions please contact Jack Allen at 850-689-5960, Fax~850-689-5998, e-mail: jallen@co.okaloosa.fl.us CONTRACT# C09-1691-WS R & E FARMS, LLC BIOSOLIDS REMOVAL EXPIRES: 9/30/2009 CONTRACT ) eae) oy Pr TRI PD IR fat ef : endl thes V Wy agreement, in sextuple, executed in Crestview, Florida this gor day of Le; Pa 2008 between the County of Okaloosa, Florida, the Owner, hereinafter called the Party of the First Part, and R & E Farms LLC, Black, AL or its successors, executors, administrators and assigns, hereinafter called the Party of the Second Part. WITNESSETH: That for and in consideration of payments, hereinafter mentioned, to be made by the Party of the First Part, the Party of the Second Part agrees to furnish all equipment, machinery, tools and labor; to furnish and deliver all materials required to be furnished and delivered in and about the improvement and to do and perform all work related to Providing transportation and removal of biosolids from the Okaloosa County Wastewater Treatment Plant as per the attached bid pricing in strict conformity with the provisions of this Contract, the Notice to Contractors, the Specifications and the Plans approved by the Owner. The said Plans, Specifications, the Notice to Contractors, and the Proposal are hereby made a part of this agreement as fully and to the same effect as if the same had been set forth at length in the body of this agreement. In consideration of the foregoing promises, the Party of the First Part agrees to pay to the Party of the Second Part such unit prices for the work actually done as are set out in the accompanying proposal in the manner provided in the said Specifications. The Contractor shall be prepared to begin work to be performed under the contract as he set forth in his proposal, but will not proceed until he receives official notice to begin. This contract will start October 1, 2008 and shall continue through September 30, 2011. This contract may be renewed for two (2) additional one (1) year periods. REPRESENTATIVES: The authorized representative of the County shall be: Robert Mauzy, Plant Manager 714 Essex Rd. Ft. Walton Beach FL 32548 850-651-7133 E-Mail: rmauzy@co.okaloosa.fl.us The authorized representative for R & E Farms LLLC shall be: William Rivenbark 625 Burnt St. Black AL 36314 888-257-4810 / 850-859-1080 (Fax) E-Mail: NA All notices required by this agreement shall be in writing to the representative listed above with a courtesy copy to the following: Jack Allen Contracts & Leases Okaloosa County Purchasing Department 602-C North Pearl Street Crestview, FL 32536 850-689-5960 / 850-689-5998 (FAX) E-Mail: jallen@co.okaloosa.fl.us IN WITNESS WHEREOF, the Chairman of the Board of County Commissioners, by authority vested in him, has hereunto subscribed his name on behalf of the County of Okaloosa, Florida, the Owner, and the said William Rivenbark has hereto fixed his signature, the day and year above written. WITNESS: KML Lilian R & E FARMS LLC f CONTRACTOR BY dhe, Wauanes (7 TITLE STATE OF FLORIDA COUNTY OF OKALOOSA This contract is accepted this or day of Ocpober 2008 and is effective on the 207 day of _ Cexrede r- 2008. COUNTY OF OKALOOSA, FLORIDA ATTEST: Gary Stanford Deputy Clerk of Court WATER & SEWER BIOSOLIDS REMOVAL & TRANSPORTATION ~ _—F none eaaitiene j - 2 | Board of County Commissioners L< BID #: WS 71-08 BID OPENS: SEPTEMBER 4, 2008 @ 3:15 P.M. NOTICE TO BIDDERS Notice is hereby given that the Board of County Commissioners of Okaloosa County, FL, will accept sealed bids until 3:15 p.m. (local time) September 4, 2008, for Okaloosa County Water & Sewer Biosolids Removal & Transportation. Pursuant to copies of bid provisions, bid forms, and specifications may be obtained from the Okaloosa County Purchasing Department, 602-C North Pearl Street, Crestview, FL 32536; 850-689-5960 or they may be downloaded from our website at www.co.okaloosa.fl.us (Departments, Purchasing, Vendor Registration & Opportunities). At 3:15 p.m. (local time), September 4, 2008, the bids will be opened and read aloud. All bids must be in sealed envelopes reflecting on the outside thereof the bidder’s name and "Bid on Okaloosa County Water & Sewer Biosolids Removal & Transportation to be opened at 3:15 p.m., September 4, 2008". The Board of County Commissioners will consider all bids properly submitted at its scheduled Bid Opening in the Conference & Training Room #305 located at 302 N. Wilson St, Crestview, FL 32536. Bids may be submitted in the Conference & Training Room #305, prior to Bid Opening or delivered to the Clerk of Circuit Court, 302 N. Wilson St., #203, Crestview, FL 32536. There is no obligation on the part of the County to award the bid to the lowest bidder, and the County reserves the right to award the bid to the bidder submitting a responsive bid with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa County, and to waive any irregularity or technicality in bids received. Okaloosa County shall be the sole judge of the bid and the resulting negotiating agreement that is in its best interest and its decision shall be final. Any bidder failing to mark outside of envelope as set forth herein may not be entitled to have their bid considered. All bids should be addressed as follows: Clerk of Circuit Court Attn: Gary Stanford Newman C. Brackin Bldg. 302 N. Wilson St. #203 Crestview FL 32536 Richard L Brannon Date Purchasing Director BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY James Campbell Chairman Last Revised — 08/08/2008 1 SCOPE OF WORK BID #: WS 71-08 BID ITEM: OKALOOSA COUNTY WATER & SEWER BIOSOLIDS REMOVAL & TRANSPORTATION The purpose of this bid is to enter into contract with a qualified contractor to remove/transport and dispose of biosolids currently from the Okaloosa County Garniers Wastewater Treatment Plan located at 714 Essex Rd., Ft. Walton Beach FL. A new plant is under construction at 250 WS Roberts Rd., Ft. Walton Beach FL and pickup will be moved to that location upon opening. Okaloosa County requests that interested bidders submit two (2) separate prices (see attached pricing sheet). We are asking; (a) for pricing whereby the contractor provides all transportation and disposal, (b) whereby the County provides transportation and the contractor provides a disposal site. A. CONDITIONS 1. Contractor must comply with all local, state and federal regulations in regards to transportation and disposal of waste biosolids. 2. Contractor must comply with all applicable Department of Environmental Protection rules and regulations. 3. Contractor will obtain all necessary permits. 4. If the contract includes transportation, the contractor will provide service 365 days a year. 5. If the contract calls for the County to provide transportation, the contractor will provide access to the disposal site 365 days a year. 6. Pricing will be per cubic yard. 7. There will be no minimum charge. 8. All transportation vehicles will be measured and certified as to capacity prior to hauling. The County reserves the right to confirm capacity at any time. 9. Any change to the disposal site to include relocation accessibility, etc. must be approved by the County. 10. | Should the County determine that it is in its best interest to do so, this bid may result in a contract with two (2) providers. Assignment of work would be done by the Water & Sewer Department designee. Last Revised — 08/08/2008 2 11. If the contract requires the vendor to provide transportation, the contractor will be responsible for the loaded product once the have departed the Okaloosa County Water & Sewer Plant. a 12. Payment — Payment shall be once per month and copies of invoices (one to each location listed below) sent to the following: a. lea Okaloosa County Finance Department Accounts Payable 302 N. Wilson St. #203 Crestview FL 32536 b. tea Okaloosa County Water & Sewer 714 Essex Rd. Ft. Walton Beach FL 32548 Last Revised ~ 08/08/2008 3 SPECIAL CONDITIONS 1. Bid Price - The bid price shall include all equipment, labor, materials, permit(s), freight, taxes, required insurance, Public Liability, Property Damage and Workers' Compensation, etc., to cover the finished work called for. 2. Applicable Laws and Regulations - The bidders attention is directed to the fact that all applicable state laws, county municipal ordinances, orders, rules and regulations of all authorities having jurisdiction over project shall apply to the bid throughout, and they will be deemed to be included in the contract the same as though they are written out in full herein. 3. Permits - The contractor shall be responsible for obtaining any necessary permits. 4. Project Site - All bidders are required to visit the pick up site and become familiar with the scope of work before submitting a bid. For technical information or to see the site, contact Robert Mauzy at 850-651-7133, 8:00 a.m. - 4:00 p.m., Monday through Thursday. : 5. Bid Information - Questions concerning bid requirements or specifications should be directed to Richard Brannon at the Okaloosa County Purchasing Department, 602-C North Pearl Street, Crestview, Florida 32536, at 850-689-5960. Any changes by the County to specifications shall be in writing in the form of an addendum and furnished to all bidders. Verbal information obtained otherwise will not be considered in awarding of bids. 6. Specification Exception - Bidder shall clearly list any changes in the bid specifications. Bidders must explain any deviation from the bid specifications, in writing, as a footnote on the applicable bid page. Failure of the bidder to comply with these provisions will result in the bidder being held responsible for all costs required to bring the building in compliance with contract specifications. 7. Addition/Deletion of Items - The County reserves the right to add or delete any item from this bid or resulting contract when deemed to be in the County's best interest. 8. Protection of Work Area - The contractor will be required to protect all work areas necessary to prevent accidents and insure safe working conditions for employees and work related personnel. 9. Public Entity Crime Information - A person or affiliate who has been placed on the | convicted vendor list following a conviction for a public entity crime may not submit a bid | on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Last Revised — 08/08/2008 4 10. Conflict of Interest - The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their proposal the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its' agencies. Furthermore, all respondents must disclose the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches. Furthermore, the official, prior to or at the time of submission of the proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County if he is an officer or employee of the County, disclosing his or spouses or child's interest and the nature of the intended business. Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. 11. Identical Tie Proposal - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals that are equal with respect to price, quality and service are received by the County for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process (see attached certification form). Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. 12. Recycled Content Information - In support of the Florida Waste Management Law, bidders are encouraged to supply with their bid any information available regarding recycled material content in the products bid. The County is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.) and the percentage of recycled material contained in the product. The County also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. 13. Local Preference - Okaloosa County reserves the right to grant a preference to in-county bidders only when bids are received from firms located in states, counties, municipalities or other political subdivisions which offer preference to bidders located in such political subdivisions. The amount of preference given to local bidders will be the same as that . given by the state, county, municipality or other political subdivisions in which a bidder is located. If the political subdivision in which a bidder is located offers a preference to its local firms, that bidder must plainly state the extent of such preference to include the Last Revised — 08/08/2008 ; 5 14, 15. 16. amount and type preference offered. Any bidder failing to indicate such preference will be removed from the County bid list and any all bids from that firm will be rejected. Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. Hold Harmless - To the fullest extent permitted by law, Contractor shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this contract. Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. Reorganization or Bankruptcy Proceedings - Bids will not be considered from vendors who are currently involved in official financial reorganization or bankruptcy proceedings. Right to Waive and Reject A. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. B. There is no obligation on the part of the County to award the proposal to the lowest proposer, and the County reserves the right to award the proposal to proposer submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa county, and to reject any and all proposals or to waive any irregularity or technicality in proposals received. Okaloosa County shall be the sole judge of the proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final. C. The Board of County Commissioners reserves the right to waive any informalities or reject any and all proposals, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this proposal and to accept the proposal that in its judgement will best serve the interest of the County. D. The Board of County Commissioners specifically reserves the right to reject any conditional proposal and will normally reject those that made it impossible to. determine the true amount of the proposal. Last Revised — 08/08/2008 6 17. 18. 19. 20. Disqualification of Proposers - Any of the following reasons may be considered as sufficient for the disqualification of a proposer and the rejection of his proposal or proposals: A. More than one proposal for the same work from an_ individual, firm or corporation under the same or different name. B. Evidence that the proposer has a financial interest in the firm of another proposer for the same work. C. Evidence of collusion among proposers. Participants in such collusion will receive no recognition as proposers for any future work of the County until such participant shall have been reinstated as a qualified proposer. D. Uncompleted work that in the judgement of the County might hinder or prevent the prompt completion of additional work if awarded. E, Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement of proposals. F, Default under previous contract. G. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. Conditional and Incomplete Bids - The Board of County Commissioners specifically reserves the right to reject any conditional bid and will normally reject those that make it impossible to determine the true amount of the bid. Investigation of Bidder - The owner may make such investigations as he deems necessary to determine the stability of the bidder to perform the work and that there is no conflict of interest as it relates to the project. The bidder shall furnish to the owner any additional information and financial data for the purpose as the owner may request. The data shall include a detailed and up-to-date list of plant equipment and materials which bidder proposes to use, indicating which portions he already possesses and a detailed description of the method and program or work to be done. Preparation of Bids - Bids must be submitted upon the prescribed forms provided herein. All blank spaces must be filled in as noted in ink or typed in both words and numbers with the amounts extended and totaled. No changes shall be made in phraseology of the form or in the items mentioned therein. In case of any discrepancy between the written amount and the figures, the written amounts shall govern. Any bid may be rejected which contains any omissions, erasures, alterations, additions, Last Revised — 08/08/2008 7 17. 18. 19. 20. Disqualification of Proposers - Any of the following reasons may be considered as sufficient for the disqualification of a proposer and the rejection of his proposal or proposals: A. More than one proposal for the same work from an individual, firm or corporation under the same or different name. B. Evidence that the proposer has a financial interest in the firm of another proposer for the same work. C. Evidence of collusion among proposers. Participants in such collusion will receive no recognition as proposers for any future work of the County until such participant shall have been reinstated as a qualified proposer. D. Uncompleted work that in the judgement of the County might hinder or prevent the prompt completion of additional work if awarded. E. Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement of proposals. F, Default under previous contract. G. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. Conditional and Incomplete Bids - The Board of County Commissioners specifically reserves the right to reject any conditional bid and will normally reject those that make it impossible to determine the true amount of the bid. Investigation of Bidder - The owner may make such investigations as he, deems necessary to determine the stability of the bidder to perform the work and that there is no conflict of interest as it relates to the project. The bidder shall furnish to the owner any additional information and financial data for the purpose as the owner may request. The data shall include a detailed and up-to-date list of plant equipment and materials which bidder proposes to use, indicating which portions he already possesses and a detailed description of the method and program or work to be done. Preparation of Bids - Bids must be submitted upon the prescribed forms provided herein. All blank spaces must be filled in as noted in ink or typed in both words and numbers with the amounts extended and totaled. No changes shall be made in phraseology of the form or in the items mentioned therein. In case of any discrepancy between the written amount and the figures, the written amounts shall govern. Any bid may be rejected which contains any omissions, erasures, alterations, additions, Last Revised — 08/08/2008 7 INSURANCE REQUIREMENTS. Contractor’s Insurance 1. The Contractor shall not commence any work in connection with this agreement until he has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Management Officer nor shall the Contractor allow any subcontractor (approved by County of Okaloosa) to commence work in this subcontract until all similar insurance required of the subcontractor has been so obtained and approved. All insurance policies shall be with insurers licensed to do business in the State of Florida, and any insuring company is required to have a minimum rating of A, Class X in the Best’s Key Rating Guide published A.M. Best & Co., Inc. The County of Okaloosa shall be furnished proof of coverage by a certified, complete duplicate of all insurance contracts including every endorsement. The complete insurance contracts must be delivered to the County Representative not less than ten (10) days prior to the commencement of any and all contractual agreements between the County of Okaloosa and the Contractor. The County shall retain the right to reject all insurance contracts that do not meet the requirement of this Agreement. The insurance definition of Insured or Additional Insured shall include subcontractor, sub-subcontractor and any associated or subsidiary companies of the Contractor that are involved and which are part of the contract. The County of Okaloosa reserves the right during the term of this contract to request additional certified copies of any insurance contracts to support any Certificates of Insurance. At any time the insurance coverage is unacceptable to the County of Okaloosa, the County reserves the right to terminate this contractual agreement. The designation of Contractor shall include any associated or subsidiary company which is involved and is a part of the contract and such, if any associated or subsidiary company involved in the project must be named in the workers compensation coverage. All policies shall be written so that the County of Okaloosa will be notified of cancellation or restricted amendments at least thirty (30) days prior to the effective date of such cancellation or amendment, such notice to be given directly to the County representative. All insurance contracts should list Okaloosa County as an Additional Insured. The Contractor shall provide the County current Certificates of Insurance for all policies. Last Revised — 08/08/2008 9 _. Workers’ Compensation Insurance . . . _. 1. The Contractor shall secure and maintain during the life of this agreement Workers’ Compensation insurance for all of his employees employed for the project or any site connected with the work, including supervision, administration or management, of this project and in case any work is sublet, with the approval of the County of Okaloosa, the Contractor shall require the Subcontractor similarly to provide Workers’ Compensation insurance for all employees employed at the site of the project, and such evidence of insurance shall be furnished the County of Okaloosa not less than ten (10) days prior to the commencement of any and all subcontractual agreements which have been approved by the County of Okaloosa. 2. Such insurance shall comply with the Florida Workers’ Compensation Law. 3. No class of employee, including the contractor himself, shall be excluded from | the Workers’ Compensation insurance coverage. The Workers’ Compensation insurance shall also include Employer's Liability coverage. Business Automobile and Public Liability Insurance 1. The Contractor shall maintain Business Automobile Liability insurance coverage throughout the life of this Agreement. The insurance shall include Owned, Non- owned & Hired Motor Vehicle coverage. 2. The Contractor shall carry other Public Liability insurance against all other Bodily Injury, Property Damage and Personal and Advertising Injury exposures. The coverage shall include both On-and Off-Premises Operations, Contractual Liability, Board Form Property Damage, and Professional Liability. 3. All liability insurance shall be written on an occurrence basis and shall not be written on a claim-made basis. If the insurance is issued with an aggregate limit of liability, the aggregate limit of liability shall apply only to the locations included in this Agreement. If, as the result of any claims or other reasons, the available limits of insurance reduce to less than those stated in the Limits of Liability, the Contractor shall notify the County representative in writing. The Contractor shall purchase additional liability insurance to maintain the requirements established in this Agreement. Umbrella or Excess Liability insurance can be purchased to meet the Limits of Liability specified in this Agreement. 4, Public liability coverage shall be endorsed to include the following: a. Premises - Operation Liability b. Occurrence Bodily Injury and Property Damage Liability C. Independent Contractor's Liability d. Completed Operations and Products Liability Last Revised — 08/08/2008 10 a - 5, . Contractor shall agree to keep in continuous force Commercial General Liability coverage including Completed Operations and Products Liability for two (2) years beyond acceptance of project. Limits of Liability The insurance required shall be written for not less than the following, or greater if required by law and shall include Employer's liability with limits as prescribed in this contract: LIMIT 1. Worker’s Compensation 1) State Statutory 2) Employer's Liability $1 million each accident 2. Business Automobile & Commercial $1,000,000 each occurrence General Liability Insurance (A combined single limit) 3. Personal and Advertising Injury $250,000 Notice of Claims or Litigation The Contractor agrees to report any incident or claim that results from performance of this Agreement. Within ten (10) days of the Contractor’s knowledge, the County representative shall receive written notice describing the incident or claim. In the event such incident or claim involves injury or property damage to a third party, verbal notification shall be given the same day the Contractor becomes aware of the incident or claim. A detailed written report is to be made within ten (10) days. Indemnification & Hold Harmless To the fullest extent permitted by law, Contractor shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this contract. Certificate of Insurance 1. All insurance shall include the interest of all entities names in and its respective agents, consultants, servants and employees of each and all other interests as may be reasonably required by Okaloosa County as Additional Insured. The coverage afforded the Additional Insured under this policy shall be primary insurance. If the Additional Insured have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the company’s liability under this policy shall not be reduced by the existence of such other insurance. Last Revised — 08/08/2008 il 2... Certificates of insurance,_in duplicate, indicating the job site and evidencing all required coverage must be submitted to and approved by Okaloosa County prior to the commencement of any of the work. The certificate holder(s) shall be as follows: Okaloosa County 602-C North Pearl Street Crestview, Florida 32536 3. All policies shall expressly require 30 days written notice to Okaloosa County at the address set out above, or the cancellations of material alterations of such policies, and the Certificates of Insurance, shall so provide. 4, All certificates shall be subject to Okaloosa County's approval of adequacy of protection and the satisfactory character of the Insurer. 5. The Certificates of Insurance shall disclose any and all deductibles or self-insured retentions (SIRs). Deductibles or SIRs in excess of $10,000 will not be accepted unless specifically approved in writing by Okaloosa County. All deductibles or SIRs, whether approved by Okaloosa County or not, shall be the Contractor’s full responsibility. In particular, the Contractor shall afford full coverage as specified herein to entities listed as Additional Insured. In no way will the entities listed as Additional Insured be responsible for, pay for, be damaged by, or limited to coverage required by this schedule due to the existence of a deductible or SIR. Specific written approval from Okaloosa County will only be provided upon demonstration that the Contractor has the financial capability and funds necessary to cover the responsibilities incurred as a result of the deductible or SIR. 6. In the event of failure of the Contractor to furnish and maintain said insurance and to furnish satisfactory evidence thereof, Okaloosa County shall have the right (but not the obligation) to take out and maintain insurance on the project. All costs for the coverage will be paid by Contractor upon presentation of a bill. General Terms Any type of insurance or increase of limits of liability not described above which the Contractor required for its own protection or on account of statute shall be its own responsibility and at its own expense. The carrying of the insurance described shall in no way be interpreted as relieving the Contractor of any responsibility under this contract. Should the Contractor engage a subcontractor or sub-subcontractor, the same conditions will apply under this agreement to each subcontractor and sub-subcontractor. Last Revised — 08/08/2008 12 - - The Contractor hereby waives all rights of subrogation against Okaloosa County and its consultants and other indemnities of the Contractor under all the foregoing policies of insurance. Umbrella Insurance The Contractor shall have the right to meet the liability insurance requirements with the purchase of an umbrella insurance policy. In all instances, the combination of primary and umbrella liability coverage must equal or exceed the minimum liability insurance limits stated in this agreement. Last Revised — 08/08/2008 13 CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all bidders/proposers, must disclose if any Okaloosa Board of County Commissioner, employee(s), elected officials(s), of if any of its agencies is also an owner, corporate officer, agency, employee, etc., of their business. Indicate either “yes” (a county employee, elected official, or agency is also associated with your business), or “no”. If yes, give person(s) name(s) and position(s) with your business. YES no___X NAME(S) POSITION(S) FIRM NAME: ReE Farus. £LC BY (PRINTED): WO) [aw Riven bar K BY (SIGNATURE): /L“4¢ TITLE: Nana col [red Lurer ADDRESS: 625 Barut St Blac AL PHONE NO. 299-25 7- WKIO 1 naan innan DRUG-FREE WORKPLACE CERTIFICATION THE BELOW SIGNED BIDDER CERTIFIES that it has implemented a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under quote a copy of the statement specified in subsection 1. 4. In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under quote, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, drug abuse assistance or rehabilitation program if such is available in employee’s community, by any employee who is convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. DATE: G- 3-08 SIGNATURE: whe bh. COMPANY: KeEFeyms LUC NAME: 27,//i€ 4 RK; veubarkK ‘ (Typed or Printed) ADDRESS: OAS Burnt St BiecK AL F634 trie: (1 th peop [VCE SUEY 7 pHoneno.: S&S-2S7-UPID LOCAL PREFERENCE DATA SHEET Refer to Special Bid Condition Does the state, county, municipality or political subdivision in which your firm is located offer a preference to their local bidders? (If your firm is located in Okaloosa County, you will check “NO.”) If “YES,” list below the extent of such preference. YES NO x ReE Farms LLC whl ALL Bidder’s Company Name Authorized Signature — Manual Willram Riven bavK Authorized Signature — Typed er Anan inaana INDEMNIFICATION & HOLD HARMLESS To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. Ry E Farms LLC Wh. Bidder’s Company Name Authorized Signature — Manual 107/ Bell KA Deterak Sprays Lo 733 Witliam Rs venbar K Physical Address B24 Authorized Signature — Typed 62S Burt St bled A? 76317 Wanager [reas uvev Mailing Address Title 8 sO-8S 7-18 0 9SO- &§51-1080 Phone Number FAX Number 898-257-410 G88-2AS7-4BI0 Cellular Number After-Hours Number(s) q-3 -OF DATE (REVISED: JANUARY 12, 2001) NOTICE OF AWARD TO: PROJECT DESCRIPTION: The OWNER has considered the BID submitted by you for the above-described WORK in response to its Advertisement for Bids dated and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amounts of $ You are required by the Instructions to Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance Bond, Payment Bond, and Certificates of Insurance within fifteen (15) calendar days from the date of this notice to you. If you fail to execute said Agreement and to furnish said bonds within fifteen (15) calendar days from the date of this notice, said OWNER will be entitled to consider all your rights arising out of the OWNER’s acceptance of your BID as abandoned and as a forfeiture of your BID Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER: Okaloosa County Purchasing, 602-C North Pearl St., Crestview, FL 32536. If you have any questions, please call John Christopher at 850-689-5960. Dated this day of , 2008. OWNER — OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS BY: TITLE Purchasing Director Richard L Brannon ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged. BY: This the day of , 2008. BY: Title: Last Revised — 08/08/2008 23 NOTICE TO PROCEED DATE: TO: PROJECT: You are hereby notified to commence WORK in accordance with the Agreement dated , 2008, on or before , and you are to complete the WORK within . The date of completion of all WORK is therefore You are required to return an acknowledged copy of this NOTICE TO PROCEED to the OWNER: Okaloosa County Purchasing, 602-C North Pearl St, Crestview, FL 32536. OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS OWNER BY: Richard L. Brannon TITLE: Purchasing Director ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged. Company Name This the day of , 2008 Signature By: Type or Print Name Title: Last Revised ~ 08/08/2008 24 BID SHEET BID #: WS 71-08 BID ITEM: OKALOOSA COUNTY WATER & SEWER BIOSOLIDS REMOVAL & TRANSPORTATION 1. Price per cubic yard to include all transportation/pickup y . and disposal costs $ / “ 75 2. Price per cubic yard without transportation costs $ Y, 75 ANTI-COLLUSION STATEMENT: The below signed bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to bid whatever. (Note: No premiums, rebates, or gratuities permitted either with, prior to, or after any delivery of materials. Any such violation will result in the cancellation and/or return of material (as applicable) and the removal from bid list(s). Rs E Faemas, LUC. — Litleh. Bidder’s Company Name Authorized Signature — Manual 625 Burnt St Wi Migr KivenbarK Authorized Signature — Typed Blick AL 30314 Mavager/ Teeasuvev Address ” Tile Jv 7” SEK-2S7- YEIO SSO-$S57-/080 Phone # Fax # 207784 322 Federal ID # or SS #