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HomeMy Public PortalAboutTAG Grinding Renewal Ltr and Complete Contract 2018COMMISSIONERS SCOTT W MORGAN, Mallor THOINIAS 111. STANLEY, Vice-Nla} or PAUL A. LYONS, JR. JOAN K. ORTHWEIN DONNA S. WHITE June 20, 2018 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Jerry W. Brooks, CFO TAG Grinding Services, Inc. 1750 Powder Springs Road, Suite 190 Marietta, GA 30064 Dear Mr. Brooks: Telephone (561)276-5116 Fax (561)737-0188 Toren Manager GREGORY L.DUNHAM Toi�n Clerk RITA L. TAYLOR I am pleased to enclose the fully executed contract between the Town of Gulf Stream and TAG Grinding Services, Inc. for Disaster Debris Hauling Services. It is reassuring to be able to continue to depend TAG in our time of need. If you have any questions, please call. Very truly yours, Rita L. Taylor Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 AGREEMENT This Agreement is made this 8th day of June , 2018, by and between the Town of Gulf Stream, Florida, a political subdivision of the State of Florida, hereinafter the "Owner" with an office located at 100 Sea Road, Gulf Stream, Florida 33483, and TAG Grinding Services, Inc., hereinafter the "Contractor," with an office located at 1750 Powder Springs Road, Suite 190, Marietta, Georgia, 30064. WITNESSETH WHEREAS, Seminole County, Florida accepted Contractor's bid for Disaster Debris Hauling Services pursuant to RFP No 602702-16/GCM by Agreement with an effective date of May 17, 2017, pursuant to a competitive public bidding process by Seminole County, Florida; and WHEREAS, the Seminole County, Florida bid package included formal contract documents binding on the successful bidder, the "Seminole County Contract Documents;" and WHEREAS, the Owner desires to obtain Disaster Debris Hauling Services; and WHEREAS, as the Disaster Debris Hauling Services involved in the Seminole County Contract Documents are substantially the same as the Disaster Debris Hauling Services desired by Owner, Owner elects to utilize the competitively bid contract process administered by Seminole County, Florida in the Seminole County, Florida Bid, and Owner and Contractor wish to adopt the Seminole County Contract Documents, with certain minor modifications as further described here. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. RECITALS. The foregoing recitals are true and are incorporated in and made a part of this agreement. II. AMENDMENTS. The Seminole County, Florida Bid and the Seminole County Contract Documents are incorporated into this Agreement and deemed to be apart of this Agreement as modified as follows: a. General. Where provisions of the Seminole County, Florida Bid and the Seminole County Contract Documents refer to Seminole County as the "County"/Owner/Contracting party, replace it with "Town of Gulf Stream, Florida." Where provisions of the Seminole County Contract Documents refer to "Agreement" or "Contract' it shall refer to the Seminole County Contract Documents as modified by this Agreement. Where the provision of the Seminole County Contract Documents refer to "County Debris Manager," it shall refer to "Gulf Stream Town Manager." b. Term. The term of this agreement shall run for a period of two (2) years. The agreement may be renewed for up to three (3) additional one (1) year periods upon mutual Agreement of both parties. Pricing. The prices set forth in the Seminole County Contract Documents shall be applicable during the term of this Agreement. d. Invoices. Applications for payments under this agreement shall be submitted to the following: Gregory L. Dunham, Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 e. No Other Amendments. Except as set forth herein, this Agreement is not amended. In the event of any conflict between the terms of this Agreement and the terms of the Seminole County Contract Documents, the terms of this agreement shall prevail. f. Notice. All notices as defined in Section 29 of the Seminole County Contract Documents shall be addressed to the following: For Town of Gulf Stream: Gregory L. Dunham Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 For Contractor: TAG Grinding Services, Inc. 1750 Powder Springs Road, Suite 190 Marietta, GA 30064 g. Captions. The tiles or captions contained in this Agreement are inserted only as a matter of convenience and for reference, and such captions in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision hereof. h. Severability. If any provision of this Agreement or the application thereof to any person or circumstances shall be held by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remaining provisions of this Agreement and the validity, enforceability, and application of such provisions to other persons or circumstances shall not be impaired thereby, but such remaining provisions of this Agreement shall be interpreted, applied and enforced so as to achieve, as near as may be, the purpose and intent of this Agreement to the greatest extent permitted by applicable law. i. Waiver. Unless otherwise specifically provided herein, no delay or failure to exercise a right resulting from any breach of this Agreement shall impair such right or shall be construed to be a waiver thereof, but such right may be exercised from time to time and as often as may be deemed expedient. Any waiver shall be in writing and signed by the 0a party granting such waiver. In any representation, warranty, or covenant by the other party such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach under this Agreement. j. Conflict of Interest. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes § 112.311 and as may be amended from time to time. Contractor further represents that no person having any interest shall be employed for said performance. k. Warranties and Representations. Contractor restates, and makes current to the date of this Agreement, and incorporates in this Agreement, the warranties and representations in the Seminole County Contract Documents. Prior to the performance of any work under this Agreement and as a condition precedent to this Agreement, Contractor shall provide Owner a current Certificate of Corporate Principal, a current Sworn Statement under Florida Statutes § 287.133(3)(a) on Public Entity Crimes, a current Certificate of Liability Insurance, a current State of Florida license certification, and a current Bidder's Qualifications Statement/Statement of Business Organization. 1. Termination. Owner may terminate this Agreement upon seven (7) days written notice to Contractor. m. Release Orders. Owner, through its Town Manager, shall, in its sole discretion, issue Release Orders to Contractor as deemed in the best interest of the Town. This Agreement in no way guarantees any future Release Orders. Owner retains the right to utilize other contractors or otherwise bid and execute procurements. Contractor shall have no right to appeal or challenge the Town's decision regarding distribution of Release Orders. n. Venue. The parties agree to the exclusive venue for any disputes arising under this Agreement in the Circuit Court in and for Palm Beach County, Florida. o. Public Records Law. The Contractor shall comply with Chapter 119, Florida Statutes. Specifically, if the Contractor is acting on behalf of the Town, the Contractor shall: i. Keep and maintain public records required by the Town to perform the services being performed by the Contractor. ii. Upon request from the Town's custodian of public records or designee, provide the Town with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. iii. Ensure that records exempt or confidential and exempt from disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract if the Contractor does not transfer the records to the Town. iv. Upon completion of the Contract, transfer at no cost to the Town, all public records in possession of the Contractor or keep and maintain public records required by the Town to perform the service. If the Contractor transfers all public records to the Town upon completion of the Contract, the Contractor shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Town, upon request from the Town's custodian of public records or designee, in a format that is compatible with the information technology systems of the Town. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: TOWN CLERK 100 SEA ROAD GULF STREAM, FLORIDA 33483. (561) 276-5116 rtaylor@gulf-stream.org IN WITNESS WHEREOF, the parties hereto have set their hand and caused this Agreement to be duly executed on this date. FOR TOWN: Datc: Florida 33483 ATTEST: .Ltd Rita L. Taylor Town Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY: 4 FOR CONTRACTOR: /I A a,� Date: W. Brooks, CFO TAG Grinding Services, Inc. 1750 Powder Springs Road, Suite 190 Marietta, GA 30064 (TOWN SEAL) qr� Edwar C. Nazzaro Staff Attorney, Town of Gulf Stream TERM CONTRACT FOR DISASTER DEBRIS HAULING SERVICES (RFP-602702-16/GCM) THIS AGREEMENT is made and entered into this � day of l%;' y 20, by and between TAG GRINDING SERVICES, INC., duly authorized to conduct business in the State of Florida, whose address is 1750 Powder Springs Road, Suite 190, Marietta, Georgia 30064, hereinafter referred to as "CONTRACTOR", and SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as "COUNTY". WITNESSETH: WHEREAS, COUNTY desires to retain the services of a competent and qualified contractor to provide disaster debris hauling services to Seminole County; and WHEREAS, COUNTY has requested and received expressions of interest for the retention of services of contractors; and WHEREAS, CONTRACTOR is competent, qualified, and desires to provide services according to the terms and conditions stated in this Agreement, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein, COUNTY and CONTRACTOR agree as follows: Section 1. Services. COUNTY does hereby retain CONTRACTOR to furnish services as further described in the Scope of Services, attached to this Agreement as Exhibit A and made a part of this Agreement. CONTRACTOR will also be bound by all requirements as contained in the solicitation package and all addenda to this Agreement. Required services will be specifically enumerated, described, and depicted in the Release Orders authorizing specific services. This Agreement standing alone does not authorize services or require COUNTY to place any orders for work. CERTIFIED COPY - GRANT MALOY O HE I CLERKDCOf49PTROLLECIRCUIT COURT s'a * %,, 11 Term Contract for Disaster Debris HaulingServices AN ID SE f LF CO NTY FLORIDA .'._ Page 1 of 20 BY DEP'J Y CLERK Section 2. Term. This Agreement will take effect on the date of its execution by COUNTY and will run for a period of two (2) years. At the sole option of COUNTY, this Agreement may be renewed for three (3) successive periods not to exceed one (1) year each. Expiration of the term of this Agreement will have no effect upon Release Orders issued pursuant to this Agreement and prior to the expiration date. Obligations entered into by both parties shall remain in effect until delivery and acceptance of the services authorized by the Release Order. The first three (3) months of the initial term of this Agreement will be considered probationary. During the probationary period, COUNTY may immediately terminate this Agreement at any time, with or without cause, upon written notice to CONTRACTOR. Section 3. Authorization for Services. Authorization for provision of services by CONTRACTOR under this Agreement will be in the form of written Release Orders issued and executed by COUNTY. A sample Release Order is attached to this Agreement as Exhibit B. Each Release Order will describe the services required and will state the dates for performance of services and establish the amount and method of payment. The Release Orders will be issued under and will incorporate the terms of this Agreement. COUNTY makes no covenant or promise as to the number of available Release Orders or that CONTRACTOR will perform any Release Order for COUNTY during the life of this Agreement. COUNTY reserves the right to contract with other parties for the services contemplated by this Agreement when it is determined by COUNTY to be in the best interest of COUNTY. Section 4. Time for Completion. The services to be provided by CONTRACTOR shall be performed, as specified in such Release Orders as may be issued under this Agreement, within the time specified in this Agreement. Section 5. Compensation. COUNTY agrees to compensate CONTRACTOR for the professional services provided for under this Agreement on a "Fixed Fee" basis. When a Release Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 2 of 20 Order is issued on a Fixed Fee basis, then the applicable Release Order Fixed Fee amount will include any and all reimbursable expenses. The total compensation paid to CONTRACTOR pursuant to this Agreement will not exceed COUNTY'S annual budgeted amount for provision of services and materials contracted under this Agreement. Section 6. Payment and Billing. (a) CONTRACTOR shall supply all services required by the Release Order, but in no event will CONTRACTOR be paid more than the negotiated Fixed Fee amount stated within each Release Order. (b) For Release Orders issued on a Fixed Fee basis, CONTRACTOR may invoice the amount due based on the percentage of total Release Order services actually provided, but in no event will the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed. (c) Payments will be made by COUNTY to CONTRACTOR when requested as services are furnished, but not more than once monthly. Each Release Order will be invoiced separately. At the close of each calendar month, CONTRACTOR shall render to COUNTY an itemized invoice, properly dated, describing any services provided, the cost of the services provided, the name and address of CONTRACTOR, Release Order number, Contract number, and any other information required by this Agreement. The original invoice must be sent to: Director of County Finance Seminole County Board of County Commissioners Post Office Box 8080 Sanford, Florida 32772 A copy of the invoice must be sent to: Seminole County Solid Waste Management Division 1950 State Road 419 Longwood, Florida 32750 Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 3 of 20 (d) Upon review and approval of CONTRACTOR's invoice, COUNTY shall, in accordance with the terms as set forth in Chapter 218, Part VII, Florida Statutes, pay CONTRACTOR the approved amount. Section 7. General Terms of Payment and Billing. (a) Upon satisfactory performance of services required under this Agreement and upon acceptance of the services by COUNTY, CONTRACTOR may invoice COUNTY for the full amount of compensation provided for under the terms of this Agreement, less any amount already paid by COUNTY. COUNTY shall pay CONTRACTOR within thirty (30) days of receipt of proper invoice. (b) COUNTY may perform or have performed an audit of the records of CONTRACTOR at any time during the term of this Agreement and after final payment to support final payment under this Agreement. Audits may be performed at a time mutually agreeable to CONTRACTOR and COUNTY. Total compensation to CONTRACTOR may be determined subsequent to an audit as provided for of this Section and the total compensation so determined will be used to calculate final payment to CONTRACTOR. Conduct of this audit will not delay final payment as provided by subsection (a) of this Section. (c) CONTRACTOR agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to services provided under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at CONTRACTOR's office at all reasonable times during this Agreement's term and for five (5) years from the date of final payment under this Agreement for audit or inspection as provided for in subsection (b) of this Section. (d) In the event any audit or inspection conducted after final payment, but within the period provided for in subsection (c) of this Section, reveals any overpayment by COUNTY under Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 4 of 20 the terms of the Agreement, CONTRACTOR shall refund such overpayment to COUNTY within thirty (30) days of notice by COUNTY. Section 8. Additional Retainage for Failure to Maintain Progress of Work. (a) Retainage under this Agreement will be held as collateral security to secure completion of the work. (b) In the event that CONTRACTOR fails to physically mobilize to the work site as required by a Release Order, COUNTY may withhold additional retainage to secure completion of the work in an amount equal to ten percent (10%) of the Release Order compensation amount. The additional retainage held will be released to CONTRACTOR in the next Release Order payment following COUNTY's approval of a supplementary progress schedule demonstrating that the requisite progress has been regained and maintained. Section 9. Responsibilities of CONTRACTOR. Neither COUNTY's review, approval, nor acceptance of, nor payment for any of the services required will be construed to operate as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. CONTRACTOR shall be and always remain liable to COUNTY, in accordance with applicable law, for any and all damages to COUNTY caused by CONTRACTOR's negligent or wrongful provision of any of the services furnished under this Agreement. Section 10. Termination. (a) COUNTY may, by written notice to CONTRACTOR, terminate this Agreement or any Release Order issued under this Agreement, in whole or in part, at any time, either for COUNTY's convenience or because of the failure of CONTRACTOR to fulfill its Agreement obligations. Upon receipt of such notice, CONTRACTOR shall immediately discontinue all services affected, unless the notice directs otherwise, and deliver to COUNTY all data, drawings, specifications, reports, estimates, summaries, and any and all such other information and materials of whatever type or nature Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 5 of 20 as may have been accumulated by CONTRACTOR in performing this Agreement, whether completed or in process. (b) If the termination is for the convenience of COUNTY, CONTRACTOR shall be paid compensation for services performed to the date of termination. (c) If the termination is due to the failure of CONTRACTOR to fulfill its Agreement obligations, COUNTY may take over the work and prosecute the same to completion by other agreements or otherwise. In such case, CONTRACTOR shall be liable to COUNTY for all reasonable additional costs occasioned to COUNTY thereby. CONTRACTOR will not be liable for such additional costs if the failure to perform the services required by this Agreement arises without any fault or negligence of CONTRACTOR; provided, however, that CONTRACTOR shall be responsible and liable for the actions of its subcontractors, agents, employees, persons, and entities of a similar type or nature. Such causes may include acts of God or of the public enemy, acts of COUNTY in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without any fault or negligence of CONTRACTOR. (d) If after notice of termination for failure to fulfill its Agreement obligations, it is determined that CONTRACTOR had not so failed, the termination will be conclusively deemed to have been effected for the convenience of COUNTY. In such event, adjustment in the Agreement price will be made as provided for in subsection (b) of this Section. (e) The rights and remedies of COUNTY provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this Agreement. Section 11. Agreement and Release Order in Conflict. Whenever the terms of this Agreement conflict with any Release Order issued pursuant to it, this Agreement shall prevail. Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 6 of 20 Section 12. Equal Opportunity Employment. CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability, or national origin and will take steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, disability, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including appren- ticeship. Section 13. No Contingent Fees. CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Agreement. For the breach or violation of this provision, COUNTY has the right to terminate the Agreement, at its sole discretion and without liability, and to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. Section 14. Conflict of Interest. (a) CONTRACTOR agrees that it will not contract for or accept employment for the performance of any work or service with any individual, business, corporation, or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with COUNTY. Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 7 of 20 (b) CONTRACTOR agrees that it will neither take any action nor engage in any conduct that would cause any COUNTY employee to violate the provisions of Chapter 112, Florida Statutes, relating to ethics in government. (c) In the event that CONTRACTOR causes or in any way promotes or encourages a COUNTY officer, employee, or agent to violate Chapter 112, Florida Statutes, COUNTY has the right to terminate this Agreement. Section 15. Assignment. This Agreement nor any interest in this Agreement, must not be assigned, transferred, or otherwise encumbered under any circumstances by the parties to this Agreement without prior written consent of the other party and in such cases only by a document of equal dignity with this Agreement. Section 16. Subcontractors. In the event that CONTRACTOR during the course of the work under this Agreement requires the services of subcontractors or other professional associates in connection with services covered by this Agreement, CONTRACTOR must first secure the prior express written approval of COUNTY. If subcontractors or other professional associates are required in connection with the services covered by this Agreement, CONTRACTOR shall remain fully responsible for the services of subcontractors or other professional associates. Section 17. Indemnification of COUNTY. CONTRACTOR agrees to hold harmless and indemnify COUNTY and its commissioners, officers, employees, and agents against any and all claims, losses, damages, or lawsuits for damages arising from, allegedly arising from, or related to the provision of services under this Agreement by CONTRACTOR. Section 18. Insurance. (a) General. CONTRACTOR shall, at its own cost, procure insurance required under this Section. Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 8 of 20 (1) CONTRACTOR shall furnish COUNTY with a Certificate of Insurance on a current ACORD Form signed by an authorized representative of the insurer evidencing the insurance required by this Section (Professional Liability, Workers' Compensation/Employer's Liability, Commercial General Liability, and Business Auto). COUNTY, its officials, officers, and employees must be named additional insured under the Commercial General Liability policy. If the policy provides for a blanket additional insured coverage, please provide a copy of the section of the policy along with the Certificate of Insurance. If the coverage does not exist, the policy must be endorsed to include the additional insured verbiage. The Certificate of Insurance must provide that COUNTY will be given, by policy endorsement, not less than thirty (30) days written notice prior to the cancellation or non -renewal or by a method acceptable to COUNTY. Until such time as the insurance is no longer required to be maintained by CONTRACTOR, CONTRACTOR shall provide COUNTY with a renewal or replacement Certificate of Insurance before expiration or replacement of the insurance for which a previous Certificate of Insurance has been provided. (2) The Certificate of Insurance must contain a statement that it is being provided in accordance with this Agreement and that the insurance is in full compliance with the insurance requirements of this Agreement. The Certificate of Insurance must have this Agreement number clearly marked on its face. In lieu of the statement on the Certificate of Insurance, CONTRACTOR will have the option to submit a sworn, notarized statement from an authorized representative of the insurer that the Certificate of Insurance is being provided in accordance with this Agreement, and that the insurance is in full compliance with the requirements of this Section. (3) In addition to providing the Certificate of Insurance on a current ACORD Form, upon request as required by COUNTY, CONTRACTOR shall, within thirty (30) days after Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 9 of 20 receipt of the request provide COUNTY with a certified copy of each of the policies of insurance providing the coverage required by this Section. Certified copies of policies may only be provided by the insurer, not the agent/broker. (4) Neither approval by COUNTY nor failure to disapprove the insurance furnished by CONTRACTOR will relieve CONTRACTOR of its full responsibility for performance of any obligation including CONTRACTOR's indemnification of COUNTY under this Agreement. (b) Insurance Company Requirements. Insurance companies providing the insurance under this Agreement must meet the following requirements: (1) Companies issuing policies (other than Workers' Compensation) must be authorized to conduct business in the State of Florida and prove same by maintaining Certificates of Authority issued to the companies by the Florida Office of Insurance Regulation. (2) In addition, such companies must have and maintain, at a minimum, a Best's Rating of "A-" and a minimum Financial Size Category of "VII" according to A.M. Best Company. (3) If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company: (i) loses its Certificate of Authority; or (ii) fail to maintain the requisite Best's Rating and Financial Size Category, CONTRACTOR shall, as soon as it has knowledge of any such circumstance, immediately notify COUNTY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to COUNTY, CONTRACTOR will be deemed to be in default of this Agreement. (c) Specifications. Without limiting any of the other obligations or liability of CONTRACTOR, CONTRACTOR shall, at its sole expense, procure, maintain, and keep in force Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 10 of 20 amounts and types of insurance conforming to the minimum requirements set forth in this subsection. Except as otherwise specified in this Agreement, the insurance will become effective upon execution of this Agreement by CONTRACTOR and must be maintained in force until the expiration of this Agreement's term and/or the expiration of all Release Orders issued under this Agreement, whichever comes first. Failure by CONTRACTOR to maintain insurance coverage within the stated period and in compliance with insurance requirements of COUNTY will constitute a material breach of this Agreement, for which this Agreement may be immediately terminated by COUNTY. The amounts and types of insurance shall conform to the following minimum requirements: (1) Workers' Compensation/Employer's Liability. (A) CONTRACTOR's insurance shall cover it for liability which would be covered by the latest edition of the standard Workers' Compensation policy as filed for use in Florida by the National Council on Compensation Insurance without restrictive endorsements. CONTRACTOR will also be responsible for procuring proper proof of coverage from its subcontractors of every tier for liability which is a result of a Workers' Compensation injury to the subcontractor's employees. The minimum required limits to be provided by both CONTRACTOR and its subcontractors are outlined in subsection (C) below. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the United States Longshoremen and Harbor Workers' Compensation Act, Federal Employees' Liability Act, and any other applicable Federal or State law. (B) Subject to the restrictions of coverage found in the standard Workers' Compensation policy, there will be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC ) Page I I of 20 and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part One of the standard Workers' Compensation policy. (C) The minimum amount of coverage under Part Two of the standard Workers' Compensation policy shall be: $500,000.00 (Each Accident) $500,000.00 (Disease -Policy Limit) $500,000.00 (Disease -Each Employee) (2) Commercial General Liability. (A) CONTRACTOR's insurance shall cover it for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida by the Insurance Services Office without the attachment of restrictive endorsements other than the elimination of Coverage C, Medical Payment and the elimination of coverage for Fire Damage Legal Liability. (B) The minimum limits to be maintained by CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess Policy) shall be as follows: General Aggregate Two Times (2x) the Each Occurrence Limit Personal & Advertising $1,000,000.00 Injury Limit Each Occurrence Limit $1,000,000.00 (3) Professional Liability Insurance. CONTRACTOR shall carry Professional Liability Insurance with limits of not less than One Million and No/ 100 Dollars ($1,000,000.00). (4) Business Auto Policy. (A) CONTRACTOR's insurance shall cover it for those sources of liability which would be covered by Part IV of the latest edition of the standard Business Auto Policy (ISO Form CA 00 01) as filed for use in the State of Florida by the Insurance Services Office, without the Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 12 of 20 attachment of restrictive endorsements. Coverage shall include owned, non -owned and hired autos or any autos. (B) The minimum limits to be maintained by CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess policy) shall be per -accident combined single limit for bodily injury liability and property damage liability. If the coverage is subject to an aggregate, CONTRACTOR shall maintain separate aggregate limits of coverage applicable to claims arising out of or in connection with the work under this Agreement. The separate aggregate limits to be maintained by CONTRACTOR shall be a minimum of three times (3x) the per -accident limit required and shall apply separately to each policy year or part thereof. (C) The minimum amount of coverage under the Business Auto Policy shall be: Each Occurrence Bodily $1,000,000.00 Injury and Property Damage Liability Combined (d) Coverage. The insurance provided by CONTRACTOR pursuant to this Agreement shall apply on a primary and non-contributory basis and any other insurance or self-insurance maintained by COUNTY or COUNTY's officials, officers, or employees shall be in excess of, and not contributing to, the insurance provided by or on behalf of CONTRACTOR. (e) Occurrence Basis. The Workers' Compensation policy, the Commercial General Liability and the Umbrella policy required by this Agreement shall be provided on an occurrence rather than a claims -made basis. The Professional Liability insurance policy may be on an occurrence basis or claims -made basis. If a claims -made basis, the coverage must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 13 of 20 (0 Obligations. Compliance with the foregoing insurance requirements will not relieve CONTRACTOR, its employees or its agents of liability from any obligation under a Section or any other portion of this Agreement. Section 19. Dispute Resolution. (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust COUNTY dispute resolution procedures prior to filing suit or otherwise pursuing legal remedies. COUNTY dispute resolution procedures for proper invoice and payment disputes are set forth in Section 22.15, "Prompt Payment Procedures", Seminole County Administrative Code. Contract claims include all controversies, except disputes addressed by the "Prompt Payment Procedures", arising under this Agreement within the dispute resolution procedures set forth in Section 3.5540, "Contract Claims", Seminole County Administrative Code. (b) CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary services that were not presented for consideration in COUNTY dispute resolution procedures set forth in subsection (a) above of which CONTRACTOR had knowledge and failed to present during COUNTY dispute resolution procedures. (c) In the event that COUNTY dispute resolution procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation will be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. Section 20. Representatives of COUNTY and CONTRACTOR. (a) It is recognized that questions in the day to day conduct of performance pursuant to this Agreement will arise. COUNTY, upon request by CONTRACTOR, will designate and advise CONTRACTOR in writing of one or more of its employees to whom all communications pertaining Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 14 of 20 to the day to day conduct of this Agreement will be addressed. The designated representative will have the authority to transmit instructions, receive information, and interpret and define COUNTY's policy and decisions pertinent to the work covered by this Agreement. (b) CONTRACTOR shall at all times during the normal work week designate or appoint one or more representatives who are authorized to act on behalf of CONTRACTOR and bind CONTRACTOR regarding all matters involving the conduct of the performance pursuant to this Agreement, and shall keep COUNTY continually and effectively advised of such designation. Section 21. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement will be predicated upon any prior representations or agreements, whether oral or written. Section 22. Modifications, Amendments, or Alterations. No modification, amendment, or alteration in the terms or conditions contained in this Agreement will be effective unless contained in a written document executed with the same formality and of equal dignity with this Agreement. Section 23. Independent Contractor. It is agreed that nothing in contained in this Agreement is intended or should be construed as, in any manner, creating or establishing a relationship of co-partners between the parties or as constituting CONTRACTOR, including its officers, employees, and agents),as an agent, representative, or employee of COUNTY for any purpose or in any manner whatsoever. CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. Section 24. Employee Status. Persons employed by CONTRACTOR in the performance of services and functions pursuant to this Agreement has no claim to pension, workers' compensation, Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 15 of 20 unemployment compensation, civil service, or other employee rights or privileges granted to COUNTY's officers and employees either by operation of law or by COUNTY. Section 25. Services Not Provided For. No claim for services furnished by CONTRACTOR not specifically provided for in this Agreement will be honored by COUNTY. Section 26. Public Records Law. (a) CONTRACTOR acknowledges COUNTY's obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statues, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement. Upon COUNTY's request, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR's possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.071, Florida Statutes, with regard to public records and shall: (1) keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services required under this Agreement; (2) provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law; and Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 16 of 20 (4) Upon termination of this Agreement, CONTRACTOR shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTOR, or keep and maintain public records required by COUNTY under this Agreement. If CONTRACTOR transfers all public records to COUNTY upon completion of this Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains the public records upon completion of this Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a format that is compatible with the information technology systems of COUNTY. (c) Failure to comply with this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119. 10, Florida Statutes. (d) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR's DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, AT 407-665-7116, RHOOPER cr,SEMINOLECOUNTYFL.GOV, PURCHASING AND CONTRACTS DIVISION, 1301 EAST SECOND STREET, SANFORD, FL 32771. Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 17 of 20 Section 27. Compliance with Laws and Regulations. In providing all services pursuant to this Agreement, CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to or regulating the provisions of such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations will constitute a material breach of this Agreement and will entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to CONTRACTOR. Section 28. Patents and Royalties. Unless otherwise provided, CONTRACTOR shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. CONTRACTOR, without exception, shall indemnify and save harmless COUNTY and its employees from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by CONTRACTOR. In the event of any claim against COUNTY of copyright or patent infringement, COUNTY shall promptly provide written notification to CONTRACTOR. If such a claim is made, CONTRACTOR shall use its best efforts to promptly purchase for COUNTY any infringing products or services, or procure a license at no cost to COUNTY which will allow continued use of the service or product. If none of the alternatives are reasonably available, COUNTY agrees to return the article on request to CONTRACTOR and receive reimbursement, if any, as may be determined by a court of competent jurisdiction. Section 29. Notices. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered or certified United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified. The place for giving of notice will remain such until it has been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice, to -wit: Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 18 of 20 For COUNTY: Seminole County Solid Waste Management Division 1950 State Road 419 Longwood, Florida 32750 For CONTRACTOR: TAG Grinding Services, Inc. 1750 Powder Springs Road, Suite 190 Marietta, Georgia 30064 Section 30. Rights At Law Retained. The rights and remedies of COUNTY provided for under this Agreement are in addition and supplemental to any other rights and remedies provided by law. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date below written for execution by COUNTY. ATTEST: TAG GRINDING SERVICES, INC. By: Y BROOKS, — President �� Vim- w —3t vlsk5� ,(CORPORATE SEAL) Date: cl alJ` S u [Signatures and attestations continued on the following page.] Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 19 of 20 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7553500 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS. That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the Stale of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Brian Perry; Carl R. Wise; Debra Johnson; Douglas L. Rieder; F. Anderson Phillips; John H. Earl; John W. Miller II; Margaret S. Meyers; Misty L. Haig; Paul R. Baker; Richard W. Naylor; S. Lynn Sghiattl; W. Wesley Hamilton, Jr. all of the city of Atlanta state of GA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surely obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of November 2016 �I'? I So 1N51!R 0%Nsup� s 1919 0 } 1912 ° ` 1491 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: w, David M. CarerAssistant Secretary On This 23rd day of November 2016, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v H. Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes >,N therein contained by signing on behalf of the corporations by himself as a duly authorized officer. d ttl c IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. 00 SP PAST, COMMONWEALTH OF PENNSYLVANIA n , �'+ C3 We 'r Notarial Seal �� ""'"�" /��a%�'-""�' Teresa Pastella, Notary Public By: O OF upper Merion Twp., Montgomery county Teresa Pastella, Notary Public P My Commission Expires March 28, 2017 IN cc Member, Pennsylvania Association of Notaries O E Ffya� This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ,tt'l p Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: t C *- ARTICLE IV- OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O c to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, �+ acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under > .0 the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. m a rL+ N ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,E o0 and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, E M seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their c 00 respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. O T - Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said. Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 0,(IN.SV tNSUR4 gINSU,�, yv `^.t; r'{e'✓n.�' ci.. 1919 O 1412 3 1991 6y. Renee C. Llew ssistant Secretary O`'��tn'.i'as4•,-0' 97r�. v`Yt � i y� ',Ya,ee:P 2 75 of 100 LMS_12873_082018 4,M&IM os Witne s Gka4s+nryzs Print Name .4 "01111,111 , "'Wel NAZI IV - 0 =# For the use and reliance of Seminole County only. SEMINOLE COUNTY, FLORIDA By: RAY H urchasing and Contr anager Date: -6 �7 Approved as to form and legal su ciency. County Attorney PG/lpk 10/12/16 2/23/17 P:\Users\Legal Secretary CSB\Purchasing 20171RFP-602702 (TAG).docx Attachments: Exhibit A — Scope of Services Exhibit B — Sample Release Order As authorized for execution by the Board of County Commissioners at its 4? --;26 - /7, 20__L7 _, regular meeting. A - 3330 - i ? Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 20 of 20 EXHIBIT "A" SUBMIT PROPOSALS TO: REQUEST FOR Seminole County PROPOSALS (RFP) 1301 E. Second Street Sanford, Florida 32771 And Attn: PURCHASING & CONTRACTS (PCD) Proposer Acknowledgment Contact: Gladys Marrozos, CPPB RFP No.: RFP-602702-16/GCM Senior Procurement Analyst Phone: 407-665-7110 Disaster Debris Hauling Services Email: gmarrozos a(D.seminolecoun .goy PRE -PROPOSAL DATE — January 12, 2017 Time: 9:30 AM (Eastern Standard Time) Location of Pre -Proposal: Environmental Services Reflections Office, 500 W. Lake Mary Blvd. Sanford, FI. 32773 PROPOSAL DUE DATE — January 25, 2017 Time: 2:00 PM (Eastern Standard Time) Location of Public Opening: Purchasing & Contracts Division, 1301 E. Second Street, Sanford, FL 32771 Proposer Name: Federal Employer ID Number: TAG Grinding Services, Inc. 582373565 Mailing Address: If returning as a "No Submittal", state reason L so, return only this page): 1750 Powder Springs Road, Suite 190 City, State, Zip: Marietta, Georgia 30064 Type of Entity (Circle one)' Corporation The undersigned Proposer hereby Partnership Proprietorship Joint Venture acknowledges receipt of Addenda Incorporated in the State of: Georgia Numbers through List of Principals: January 23, 2Mth orized Signature (Manual) Date Email Address: jerry@taggrinding.com Typed Name: Jerry W. Brooks Telephone Number: (678) 540-5001 Title: Chief Financial Officer Fax Number: (770) 672-6775 Date: January 23, 2017 THIS FORM MUST BE COMPLETED AND RETURNED WITH WRITTEN PROPOSAL The Proposer is expected to completely analyze the information contained in this Request for Proposals (RFP) as guidance for the preparation of their written proposal. The Proposer's written proposal should be specific, detailed, and complete in order to clearly and fully demonstrate the Proposer's understanding of the proposed work requirements, and it should include a logical plan to accomplish the task(s) under the proposed scope of work. Scope of Services Under this contract, work shall consist of coordinating and mobilizing an appropriate number and type of cleanup crews, as determined by the County Debris Manager. Work shall also include the clearing and removing of any and all "eligible" debris as most currently defined (at the time written Release Orders are issued and executed by the County for the Contractor) by the Public Assistance grant program guidelines, FEMA Publication 321 — Public Assistance Policy Digest, FEMA Publication 322 — Public Assistance Guide, FEMA Publication 323 — Public Assistance Applicant Handbook, FEMA Publication 325 — Debris Management Guide, all applicable state and federal DSG documents, FEMA fact sheets and policies and as directed by the County Debris Manager. Eligible also includes meeting any changes in definition, rules, or requirements regarding debris removal reimbursement as stipulated by FEMA during the course of a debris removal project. The aforementioned definition of "eligible" applies to all uses throughout Scope of Services items 1 through 15. Work will include: 1) examining debris to determine whether or not debris is eligible; 2) loading the debris; 3) hauling debris to County - approved DMS(s) or County -designated final disposal site(s); 4) reducing disaster -related debris; 5) hauling reduced debris to a County -designated final disposal site; and 6) disposing of reduced debris at a County -designated final disposal site or ORSWMF. Debris not defined as eligible by FEMA Publication 325 or state or federal DSGs or policies will not be loaded, hauled, or dumped under this contract unless written instructions are given to the Contractor by the County Debris Manager. It shall be the Contractor's responsibility to load, transport, reduce, and properly dispose of any and all disaster -generated debris that is the result of the event under which the Contractor was issued Release Orders, unless otherwise directed by the County Debris Manager, in writing. This includes but is not limited to: 1. Emergency Road Clearance Work shall consist of all labor, equipment, fuel and associated costs necessary to clear and remove debris from County roadways, to make them passable immediately following a declared disaster event as directed by the County. All roadways designated by the County Debris Manager shall be clear and passable within seventy (70) working hours of the issuance of Release Orders from the County to conduct emergency roadway clearance work. The County may choose to extend the Contractor's seventy (70) hour limit through a written request. This may include roadways in municipalities within the County. Clearance of these roadways will be performed as identified by the County Debris Manager. The Contractor shall assist the County and its representatives in ensuring proper documentation of emergency road clearance activities by documenting the type of equipment and/or labor utilized (i.e., certification), starting and ending times, and zones/areas worked. Services performed under this contract element will be compensated using Schedule 2 — Hourly Labor and Equipment Price Schedule. 2. Eligible ROW Vegetative Debris Removal Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to pick up and transport eligible disaster -related vegetative debris existing on the County ROW to a County -approved DMS or a County - designated final disposal site in accordance with all federal, state, and local rules and regulations. a. For the purposes of this contract, eligible vegetative debris that is piled in immediate close proximity to the street, and is accessible from the street with loading equipment (i.e., not behind a fence or other physical obstacle) will be removed. RFP-602702-16/GCM — Disaster Debris Hauling Services Removal of eligible vegetative debris existing in the County will be performed as identified by the County Debris Manager. C. Once the debris removal vehicle has been issued a load ticket from the County's authorized representative, the debris removal vehicle will proceed immediately to a County -approved DMS or a County -designated final disposal site. The debris removal vehicle will not collect additional debris once a load ticket has been issued. d. All eligible debris will be removed from each location before proceeding to the next location unless directed otherwise by the County or its authorized representative. e. Entry onto private property for the removal of eligible vegetative hazards will only be permitted when directed by the County or its authorized representative. The County will provide specific Right -of -Entry (ROE) legal and operational procedures. f. The Contractor must provide traffic control as conditions require or as directed by the County Debris Manager. 3. Eligible ROW C&D Debris Removal Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to pick up and transport eligible C&D debris existing on the County ROW to a County -designated final disposal site in accordance with all federal, state, and local rules and regulations. a. For the purposes of this contract, eligible C&D debris that is piled in immediate close proximity to the street, and is accessible from the street with loading equipment (i.e., not behind a fence or other physical obstacle) will be removed. b. Removal of eligible C&D debris existing in the County ROW will be performed as identified by the County Debris Manager. C. Once the debris removal vehicle has been issued a load ticket from the County's authorized representative, the debris removal vehicle will proceed immediately to a County -approved DMS or a County -designated final disposal site. The debris removal vehicle will not collect additional debris once a load ticket has been issued. d. All eligible debris will be removed from each location before proceeding to the next location unless directed otherwise by the County or its authorized representative. e. Entry onto private property for the removal of eligible C&D hazards will only be permitted when directed by the County or its authorized representative. The County will provide specific ROE legal and operational procedures. The Contractor must provide traffic control as conditions require or as directed by the County Debris Manager. 4. Eligible Demolition, Removal, Transport and Disposal of Non-RACM Structures Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to decommission, demolish, and dispose of eligible Non -Regulated Asbestos Containing Material (Non-RACM) structures on private property within the jurisdictional limits of the County. Under this service, work will RFP-602702-16/GCM — Disaster Debris Hauling Services include Asbestos Containing Material (ACM) testing, decommissioning, structural demolition, debris removal, and site remediation. Further, eligible debris generated from the demolition of Non-RACM structures as well as eligible scattered C&D debris on private property, will be transported to a County -designated final disposal site in accordance with all federal, state and local rules and regulations. a. Decommissioning consists of the removal and disposal of all HHW, E -Scrap, white goods, and waste tires from a Non-RACM structure at a properly sanctioned facility in accordance with all applicable federal, state and local rules and regulations. b. Any structurally unsound and unsafe structures will be identified and presented to the County for direction regarding decommissioning. C. Removal and transportation of eligible Non-RACM demolished structures and eligible scattered C&D debris on private property will be performed as directed in writing by the County Debris Manager. d. Once the debris removal vehicle has been issued a load ticket from the County's authorized representative, the debris removal vehicle will proceed immediately to a County -designated final disposal site. The debris removal vehicle will not collect additional debris once a load ticket has been issued. e. Entry onto private property for the removal of eligible C&D hazards will only be permitted when directed in writing by the County or its authorized representative. The County will provide specific ROE legal and operational procedures for private property debris removal programs if requested. f. The Contractor is required to strictly adhere to any and all local, state, and federal regulatory requirements for the demolition, handling, and transportation of Non- RACM structures (such as obtaining demolition permits, etc.). 5. Eligible Demolition, Removal, Transport and Disposal of RACM Structures Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to decommission, demolish, and dispose of Eligible RACM structures on private property within the jurisdictional limits of the County. Under this service, work will include ACM testing, decommissioning, structural demolition, debris removal, and site remediation. Further, eligible debris generated from the demolition of structures as well as eligible scattered C&D debris on private property, will be transported to a County -designated final disposal site in accordance with all federal, state and local rules and regulations. a. Decommissioning consists of the removal and disposal of all HHW, E -Scrap, white goods, and waste tires from a RACM structure at a properly sanctioned facility in accordance with all applicable federal, state and local rules and regulations. b. Any structurally unsound and unsafe structures will be identified and presented to the County for direction regarding decommissioning. C. Removal and transportation of Eligible RACM demolished structures and eligible scattered C&D debris on private property will be performed as directed in writing by the County Debris Manager. d. Once the debris removal vehicle has been issued a load ticket from the County's authorized representative, the debris removal vehicle will proceed immediately to RFP-602702-16/GCM — Disaster Debris Hauling Services a County -designated final disposal site that accepts RACM debris. The debris removal vehicle will not collect additional debris once a load ticket has been issued. e. Entry onto private property for the removal of eligible C&D hazards will only be permitted when directed in writing by the County or its authorized representative. The County will provide specific ROE legal and operational procedures for private property debris removal programs if requested. f. The Contractor is required to strictly adhere to any and all local, state, and federal regulatory requirements for the demolition, handling and transportation of RACM structures (such as obtaining demolition permits, burrito wrapping of debris, etc.). 6. DMS(s) Management. Operations and Reduction Through Grinding Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to manage and operate DMS(s) for the acceptance, management, segregation, staging, and reduction through grinding of eligible disaster -related debris. Grinding must be approved by the County Debris Manager prior to commencement of reduction activities. The DMS(s) layout and ingress and egress plan must be approved by the County Debris Manager. a. The management of DMS(s) includes assistance in obtaining necessary local, state, and federal permits or approval and operating in accordance with all rules and regulations of local, state, and federal regulatory agencies, which may include, but are not limited, to the U.S. Environmental Protection Agency (EPA) and FDEP. The Contractor shall also be responsible for any and all costs associated with third -party groundwater and soil testing. b. Contractor is responsible for operating the DMS(s) in accordance with Occupational Safety and Health Administration (OSHA), EPA and FDEP guidelines. C. Debris at DMS(s) will be clearly segregated and managed independently by debris type (C&D, vegetative debris, HHW, etc.), program (ROW collection, private property debris removal, etc.) and applicant(s) (municipalities located within the County). The County may authorize the acceptance of debris from municipalities within the County. In addition to being clearly segregated and managed independently from the County debris, debris from municipalities must also be hauled out and invoiced separately. d. All unreduced storm debris must be staged separately from reduced debris at the DMS(s). e. Contractor is responsible for all associated costs necessary to provide DMS(s) utilities such as, but not limited to, water, lighting, and portable toilets. f. Contractor is responsible for all associated costs necessary to provide DMS(s) traffic control such as, but not limited to, traffic cones and staff with traffic flags. g. Contractor is responsible for all associated costs necessary to provide DMS(s) dust control and erosion control such as, but not limited to, an operational water truck, silt fencing, and other best management practices. h. Contractor is responsible for all associated costs necessary to provide DMS(s) RFP-602702-16/GCM — Disaster Debris Hauling Services fire protection such as, but not limited to, an operational water truck (sufficient and equipped for fire protection), fire breaks and a site foreman. Contractor is responsible for all associated costs necessary to provide qualified personnel as well as lined containers or containment areas, for the segregation of visible HHW/contaminants that may be mixed with disaster debris. The Contractor is also responsible for all associated costs necessary for HHW/contaminant disposal at a permitted Hazardous Waste TSDF, as requested by the County. The cost associated with qualified personnel and lined containers/containment areas for HHW/contaminant segregation as well as HHW/contaminant disposal from DMS locations, is a cost reflected in this Scope of Services item 6. Depending on the volume of HHW per DMS location, the County may choose to collect and dispose of HHW segregated from disaster debris at DMS locations. Contractor is responsible for providing twenty-four (24) hour DMS(s) security Contractor will only permit Contractor vehicles and others specifically authorized by the County or its authorized representative on-site(s). Contractor shall provide a tower(s) from which the County or its authorized representative can make volumetric load calls. The tower(s) provided by the Contractor will at a minimum meet the specifications provided in the Technical Specifications of this RFP (See pages 39 & 40, Debris Site Tower Specifications). M. Upon completion of haul -out activities, the Contractor will be responsible for remediating the physical features of the site to its original condition prior to site use. Site remediation will include, but is not limited to, returning the original site grade, sod, and other physical features. Site remediation does not include restoring fencing, concession stands, lighting, and other permanent structures that may have been demolished at the County's direction for DMS operations. All debris, mulch, etc., is to be removed adequately; fill dirt and/or other base material (if required) must meet standards for intended use; new sod or seeding must meet standards for intended use. Site remediation will also include returning all utilized sites to their original condition as verified through soil and groundwater samples. Site remediation will abide by all state and federal environmental regulatory requirements and is subject to final approval by the County and FDEP. 7. DMS(s) Management. Operations and Reduction Through Air Curtain Incinerators Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to manage and operate DMS(s) for the acceptance, management, segregation, staging, and reduction through an Air Curtain Incinerator (ACI) of eligible disaster -related debris. ACI reduction must be approved by the County Debris Manager, Division of Forestry, FDEP, and any other applicable regulatory agencies as required prior to commencement of reduction activities. DMS(s) layout and ingress and egress plan must be approved by the County Debris Manager. a. The management of DMS(s) includes assistance in obtaining necessary local, state, and federal permits or approval and operating in accordance with all rules and regulations of local, state, and federal regulatory agencies, which may include, but are not limited, to EPA and FDEP. The Contractor shall also be responsible for any and all costs associated with third -party groundwater and soil RFP-602702-16/GCM — Disaster Debris Hauling Services testing. b. Contractor is responsible for operating the DMS(s) in accordance with OSHA, EPA and FDEP guidelines. C. Debris at DMS(s) will be clearly segregated and managed independently by debris type (C&D, vegetative debris, HHW, etc.), program (ROW collection, private property debris removal, etc.) and applicant(s) (municipalities located within the County). The County may authorize the acceptance of debris from municipalities within the County. In addition to being clearly segregated and managed independently from the County debris, debris from municipalities must also be hauled out and invoiced separately. d. All unreduced storm debris must be staged separately from reduced debris at the DMS(s). Contractor is responsible for all associated costs necessary to provide DMS(s) utilities such as, but not limited to, water, lighting, and portable toilets. Contractor is responsible for all associated costs necessary to provide DMS(s) traffic control such as, but not limited to, traffic cones and staff with traffic flags. Contractor is responsible for all associated costs necessary to provide DMS(s) dust control and erosion control such as, but not limited to, an operational water truck, silt fencing, and other best management practices. Contractor is responsible for all associated costs necessary to provide DMS(s) fire protection such as, but not limited to, an operational water truck (sufficient and equipped for fire protection), fire breaks and a site foreman. Contractor is responsible for all associated costs necessary to provide qualified personnel as well as lined containers or containment areas, for the segregation of visible HHW/contaminants that may be mixed with disaster debris. The Contractor is also responsible for all associated costs necessary for HHW/contaminant disposal at a permitted TSDF, as requested by the County. The cost associated with qualified personnel and lined containers/containment areas for HHW/contaminant segregation as well as HHW/contaminant disposal from DMS locations, is a cost reflected in this Scope of Services item 7. Depending on the volume of HHW per DMS location, the County may choose to collect and dispose of HHW segregated from disaster debris at DMS locations. j. Contractor is responsible for providing twenty-four (24) -hour DMS(s) security and fire tender. k. Contractor will only permit Contractor vehicles and others specifically authorized by the County or its authorized representative on-site(s). Contractor shall provide a tower(s) from which the County or its authorized representative can make volumetric load calls. The tower(s) provided by the Contractor will at a minimum meet the specifications provided in the Technical Specifications of this RFP. M. Upon completion of haul -out activities, the Contractor will be responsible for remediating the site to its original condition prior to site use. Site remediation will include, but is not limited to, returning the original site grade, sod, and other physical features. Site remediation does not include restoring fencing, concession stands, lighting, and other permanent structures that may have been RFP-602702-16/GCM — Disaster Debris Hauling Services demolished at the County's direction for DMS operations. All debris, mulch, etc., is to be removed adequately; fill dirt and/or other base material (if required) must meet standards for intended use; new sod or seeding must meet standards for intended use. Site remediation will also include returning all utilized sites to their original condition as verified through soil and groundwater samples. Site remediation will abide by all state and federal environmental regulatory requirements and is subject to final approval by the County and FDEP. 8. DMS(s) Management, Operations and Reduction Through Controlled Open Burning Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to manage and operate DMS(s) for the acceptance, management, segregation, staging, and reduction through controlled open air burning of eligible disaster -related debris. Controlled open air burning must be approved by the County Debris Manager, Division of Forestry, FDEP, and any other applicable regulatory agencies as required prior to commencement of reduction activities. DMS(s) layout and ingress and egress plan must be approved by the County Debris Manager. The management of DMS(s) includes assistance in obtaining necessary local, state, and federal permits or approval and operating in accordance with all rules and regulations of local, state, and federal regulatory agencies, which may include, but are not limited, to EPA and FDEP. The Contractor shall also be responsible for any and all costs associated with third -party groundwater and soil testing. Contractor is responsible for operating the DMS(s) in accordance with OSHA, EPA and FDEP guidelines. Debris at DMS(s) will be clearly segregated and managed independently by debris type (C&D, vegetative debris, HHW etc.), program (ROW collection, private property debris removal, etc.) and applicant(s) (municipalities located within the County). The County may authorize the acceptance of debris from municipalities within the County. In addition to being clearly segregated and managed independently from the County debris, debris from municipalities must also be hauled out and invoiced separately. d. All unreduced storm debris must be staged separately from reduced debris at the DMS(s). e. Contractor is responsible for all associated costs necessary to provide DMS(s) utilities such as, but not limited to, water, lighting, and portable toilets. f. Contractor is responsible for all associated costs necessary to provide DMS(s) traffic control such as, but not limited to, traffic cones and staff with traffic flags. g. Contractor is responsible for all associated costs necessary to provide DMS(s) dust control and erosion control such as, but not limited to, an operational water truck, silt fencing, and other best management practices. h. Contractor is responsible for all associated costs necessary to provide DMS(s) fire protection such as, but not limited to, an operational water truck (sufficient and equipped for fire protection), fire breaks and a site foreman. Contractor is responsible for all associated costs necessary to provide qualified personnel as well as lined containers or containment areas, for the segregation RFP-602702-16/GCM — Disaster Debris Hauling Services of visible HHW/contaminants that may be mixed with disaster debris. The Contractor is also responsible for all associated costs necessary for HHW/contaminant disposal at a permitted TSDF, as requested by the County. The cost associated with qualified personnel and lined containers/containment areas for HHW/contaminant segregation as well as HHW/contaminant disposal from DMS locations, is a cost reflected in this Scope of Services item 8. Depending on the volume of HHW per DMS location, the County may choose to collect and dispose of HHW segregated from disaster debris at DMS locations. j. Contractor is responsible for providing twenty-four (24) hour DMS(s) security and fire tender. k. Contractor will only permit Contractor vehicles and others specifically authorized by the County or its authorized representative on-site(s). I. Contractor shall provide a tower(s) from which the County or its authorized representative can make volumetric load calls. The tower(s) provided by the Contractor will at a minimum meet the specifications provided in the Technical Specifications of this RFP. M. Upon completion of haul -out activities, the Contractor will be responsible for remediating the site to its original condition prior to site use. Site remediation will include, but is not limited to, returning the original site grade, sod, and other physical features. Site remediation does not include restoring fencing, concession stands, lighting, and other permanent structures that may have been demolished at the County's direction for DMS operations. All debris, mulch, etc., is to be removed adequately; fill dirt and/or other base material (if required) must meet standards for intended use; new sod or seeding must meet standards for intended use. Site remediation will also include returning all utilized sites to their original condition as verified through soil and groundwater samples. Site remediation will abide by all state and federal environmental regulatory requirements and is subject to final approval by the County and FDEP. Haul -Out of Reduced Debris to a County -Designated Final Disposal Site Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and associated costs necessary to load and transport reduced eligible material such as ash, compacted C&D or mulch existing at a County -approved DMS(s) to a County - designated final disposal site in accordance with all federal, state, and local rules and regulations. The Contractor shall not receive any payment from the County for haul -out or load tickets related to reduced or unreduced debris transported and disposed of at a non -County -designated final disposal site. 10. Removal of Eligible Hazardous Leaning Trees and Eligible Hanging Limbs Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to remove all eligible hazardous trees six (6) inches or greater in diameter, measured 4.5 feet from the base of the tree and eligible hazardous hanging limbs two (2) inches or greater in diameter existing on the County ROW. Debris generated from the removal of eligible hazardous trees and eligible hanging limbs two (2) inches or greater existing in the County ROW will be placed in the safest possible location on the County ROW and subsequently removed in accordance with Scope of Services, item 2, under the terms, conditions, and procedures described in "ROW Vegetative Debris Removal." Eligible hazardous leaning trees less than six (6) inches in diameter, measured four and a half feet (4.5) from the base of the tree, will be RFP-602702-16/GCM — Disaster Debris Hauling Services flush cut, loaded and removed in accordance with the terms, conditions, and compensation schedule for Scope of Services item 2. The County will not compensate the Contractor for cutting leaning trees less than six (6) inches in diameter on a unit rate basis. The collection of all eligible hazardous leaning trees and eligible hazardous hanging limbs must be performed on the same day as the cut work. If there is insufficient room for safe placement along the County ROW then Contractor must load the resulting debris as eligible hazardous leaning tree or eligible hazardous hanging limbs as they are removed. a. Eligible hazardous trees will be identified by the County or its authorized representative for removal. Removal and placement of eligible hazardous trees six (6) inches or greater in diameter existing on the County ROW or private property will be performed as identified by the County Debris Manager. All disaster -specific eligibility guidelines regarding size and diameter of leaning trees will be communicated to the Contractor, in writing, by the County Debris Manager. In order for leaning or hazardous trees to be removed and eligible for reimbursement, the tree must satisfy a minimum of one (1) of the following requirements: 1. The tree is leaning in excess of thirty degrees (300) in a direction that poses an immediate threat to public health, welfare, and safety. 2. The tree is dead, twisted, or mangled as a direct result of the storm and a certified arborist can attest to the fact that the tree will die, and potentially create a falling hazard to the public. 3. Over fifty percent (50%) of the tree crown is damaged or broken and heartwood is exposed. 4. The tree has a split trunk that exposes heartwood. b. Eligible hazardous hanging limbs will be identified by the County or its authorized representative for removal. Removal and placement of eligible hazardous hanging limbs two (2) inches or greater in diameter existing on the County ROW or private property will be performed as identified by the County Debris Manager. All disaster -specific eligibility guidelines regarding size and diameter of limbs will be communicated to the Contractor, in writing, by the County Debris Manager. In order for hanging limbs to be removed and eligible for payment, the limb must satisfy all of the following requirements: 1. The limb is two (2) inches or greater in diameter measured just before the break. 2. The limb is still hanging in a tree and threatening a public use area. 3. The limb is located on improved public property. 11. Removal of Eligible Hazardous Stumps Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to remove all eligible hazardous uprooted stumps greater than twenty-four (24) inches in diameter, measured twenty-four (24) inches from the base of the tree existing on the County ROW. Further, debris generated from the removal of uprooted stumps existing on the County ROW will be transported to a County -approved DMS or a County -designated final disposal site in accordance with all federal, state and local rules and regulations. Eligible stumps measured twenty-four (24) RFP-602702-16/GCM — Disaster Debris Hauling Services 12 inches from the base of the tree and twenty-four (24) inches or less in diameter will be considered normal eligible vegetative debris and removed in accordance with Scope of Services Item 2. The diameter of eligible stumps less than twenty-four (24) inches will be converted into a cubic yardage volume based on the published FEMA stump conversion table (See attached exhibits — FEMA Stump Conversion Table) and removed under the terms and conditions of Scope of Services Item 2. Eligible hazardous stumps will be identified by the County or its authorized representative for removal. Removal and transportation of eligible hazardous uprooted stumps existing on the County ROW or private property will be performed as identified by the County Debris Manager. All disaster -specific eligibility guidelines regarding size and diameter of hazardous stumps will be communicated to the Contractor, in writing, by the County Debris Manager. In order for hazardous stumps to be removed and eligible for reimbursement, the stump must satisfy the following criteria: 1. Fifty percent (50%) or more of the root ball is exposed. 2. The stump is on County ROW and poses an immediate threat to public health, safety, or welfare. Tree stumps that are not attached to the ground will be considered normal vegetative debris and subject to removal under the terms and conditions of Scope of Services item 2. Stumps with less than fifty percent (50%) of the root ball exposed shall be flush cut to the ground. The stump portion of the tree will not be removed but the residual debris (i.e., tree trunk) will be removed under the terms and conditions of Scope of Services, item 2. The cubic yard volume of unattached stumps will be based on the diameter conversion using the published FEMA stump conversion table (See attached exhibits — FEMA Stump Conversion Table). The County or its authorized representative will measure and certify all eligible stumps prior to removal. Eligible Household Hazardous Waste Removal Transport and Disposal Under this contract, work shall consist of all labor, equipment, fuel, container costs, packaging materials, labels, disposal costs, traffic control costs and other associated costs necessary for the removal, transportation, and disposal of eligible HHW from the ROW to a TSDF. The removal, transportation and disposal of eligible HHW includes obtaining all necessary local, state and federal handling permits and operating in accordance with all rules and regulations of local, state and federal regulatory agencies. All HHW shall be managed as hazardous waste and disposed of at a permitted Hazardous Waste TSDF. Additional fees (such as "Hazardous Waste Fee") and surcharges (such as fuel surcharge) will not be allowed. The Contractor is solely responsible for complying with all requirements mandated by the TSDF regarding labeling, manifesting, packaging, segregating, and transporting of HHW to ensure acceptance of collected HHW at the final disposal site. d. The Contractor shall collect and segregate HHW into chemically compatible groupings and store/transport the HHW using lined and/or leak proof containers. RFP-602702-16/GCM — Disaster Debris Hauling Services e. If the approved TSDF does not have scales to weigh the HHW, then the contractor will be required to provide a scale certified for trade for weighing the HHW. The scale must be certified by the Florida Department of Agriculture and Consumer Services. 13. Eligible ROW White Goods Debris Removal Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary for the collection of eligible white goods from the ROW, removal of refrigerants, transportation to a County -approved DMS, decontamination, and transportation to a County -approved facility for recycling. The designated facility for recycling must be approved in writing by the County. Eligible white goods containing refrigerants must first have such refrigerants removed by the Contractor's qualified technicians prior to mechanical loading. White goods can be collected without first having refrigerants removed if the white goods are manually placed into a hauling vehicle with lifting equipment so that the elements containing refrigerants are not damaged. White goods are banned from landfill disposal in the State of Florida, yet are accepted for recycling. a. The removal, transportation and recycling of eligible white goods includes obtaining all necessary local, state and federal handling permits and operating in accordance with all rules and regulations of local, state and federal regulatory agencies. • All white goods containing food items shall be decontaminated in accordance with local, state, and federal law prior to recycling. b. The Contractor shall recycle all eligible white goods in accordance with all rules and regulations of local, state, and federal regulatory agencies. C. Refrigerant containing items will have such refrigerants removed prior to mechanical loading or will be manually loaded and hauled to a designated County -approved DMS for refrigerant removal by the Contractor's qualified technicians. 14. Eligible E -Scrap Removal Under this element, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary for the removal, transportation, and proper disposal of eligible E -Scrap from the ROW to a County -designated E -Scrap recycling facility. Eligible E -Scrap includes, but is not limited to, televisions, computers, computer monitors and microwaves in areas identified and approved by the County. The Contractor shall recycle or dispose of all eligible E -Scrap items in accordance with all rules and regulations of local, state, and federal regulatory agencies. 15. Eligible Dead Animal Carcasses Under this element, work shall consists of all labor, equipment, fuel, traffic control costs and other associated costs necessary for the removal, transportation, and lawful disposal of dead animal carcasses from the ROW to a County -designated final disposal site. Contractor shall coordinate activities with the Seminole County Animal Services Division and the Seminole County Health Department. RFP-602702-16/GCM — Disaster Debris Hauling Services Other Debris Removal Work Neither the Contractor nor any subcontractors shall solicit work from private citizens or others to be performed in the designated work areas during the term of this agreement. The County reserves the right to require the Contractor to dismiss or remove from the project any workers as the County sees necessary. Any debris removal vehicles dismissed from the project must have their issued placard removed and destroyed Technical Specifications Compliance with 2 CFR Part 200 The Contractor agrees to recognize and comply with all applicable standard, orders, or regulations issued pursuant to Appendix II of 2 CFR 200. Standards, orders, or regulations that are not applicable to the scope of work will not be required by the Contractor. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract' in 41 CFR Part 60- 1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, Contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each Contractor or sub -recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. RFP-602702-16/GCM — Disaster Debris Hauling Services (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of "funding agreement' under 37 CFR § 401.2 (a) and the recipient or sub - recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that 'funding agreement," the recipient or sub -recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contracts and sub -grants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the EPA. (H) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). (1) Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the Office of Management and Budget (OMB) guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (J) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. (K) Procurement of recovered materials, see § 200.322. RFP-602702-16/GCM — Disaster Debris Hauling Services Mobilization Within twenty-four (24) hours of the County being placed in the National Oceanic Atmospheric Administration five (5) day hurricane forecast, the Contractor(s) shall contact the County regarding potential contract activation. Within forty-eight (48) hours of being issued Release Orders from the County, the Contractor(s) shall mobilize equipment and resources in the County. Within seventy-two (72) hours of being issued Release Orders from the County, the Contractor(s) shall begin debris removal operations as directed by the County Debris Manager. As part of the Contractor's mobilization effort the Contractor(s) shall provide an on-site office trailer for the duration of the project or as directed by the County. Safety The Contractor(s) shall be solely responsible for maintaining safety at all work sites including DMS(s) and debris collection sites. The Contractor(s) shall take all reasonable steps to insure safety for both workers and visitors to DMS(s) and debris collection sites. Safety at DMS(s) and debris collection sites includes traffic control such as traffic cones and flag personnel. The Contractor(s) will also be solely responsible to ensure that all OSHA requirements are met and a safety officer assigned to the project for the duration of this contract. Use of Local Resources As per FEMA regulations, the Contractor(s) shall give first priority to utilizing resources located within the disaster area, including but not limited to, procuring supplies and equipment, awarding subcontracts and employing workers. On -Site Project Manager The Contractor(s) shall provide an on-site project manager to the County. The project manager shall provide a telephone number to the County with which he or she can be reached for the duration of the project. The project manager will be expected to have daily meetings with the County Debris Manager and/or County -authorized representatives. Daily meeting topics will include, but not limited to, volume of debris collected, completion progress, County coordination, and damage repairs. Frequency of meetings may be adjusted by the County Debris Manager. The Contractor(s)' project manager must be available twenty-four (24) hours a day, or as required by the County Debris Manager. Equipment a. All trucks and other equipment must comply with all applicable local, state, and federal rules and regulations. Any truck used to haul debris must be capable of rapidly unloading its load without the assistance of other equipment, be equipped with a tailgate that will effectively contain the debris during transport and permit the truck to be filled to capacity. Hauling equipment without a tailgate or no solid tailgate cannot be compacted to its full capacity; therefore, such equipment will receive a maximum of 85% of the certified hauling capacity for reimbursement purposes. b. 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. The sideboards are to be constructed of two (2) inch by six (6) inch boards or greater and not to extend more than two (2) feet above the metal bedsides. Trucks or equipment certified with sideboards must maintain such sideboards and keep them in good repair. In order to ensure compliance, equipment will be inspected by the County's authorized representatives prior to its use by the Contractor(s). C. Debris shall be reasonably compacted into the hauling vehicle. Any debris extending RFP-602702-16/GCM — Disaster Debris Hauling Services above the top of the bed shall be secured in place to prevent it from falling off. Measures must be taken to avoid the debris blowing out of the hauling vehicle during transport to a County -approved DMS or a County -designated final disposal site. d. Trucks or equipment designated for use under this contract shall not be used for any other work. The Contractor(s) 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(s) mix debris hauled for others with debris hauled under this contract. Equipment used under this contract shall be rubber tired and sized properly to fit loading conditions. Excessive size equipment (100 cubic yards and up) and non -rubber tired equipment must be approved for use on the road by the County Debris Manager. Hand -loaded vehicles are prohibited unless pre -authorized, in writing, by the County Debris Manager, following the event. All hand -loaded vehicles will receive an automatic fifty percent (50%) deduction for lack of compaction. Traffic Control The Contractor(s) shall mitigate the impact of their operations on local traffic to the fullest extent practical. The Contractor(s) is responsible for establishing and maintaining appropriate traffic controls in all work areas, including DMS(s) and debris collection sites. The Contractor(s) shall provide sufficient signing, lights, flagging and barricading to ensure the safety of vehicular and pedestrian traffic in all work areas. All work shall be done in conformity with all applicable local, state, and federal laws, regulations, and ordinances governing personnel, equipment, and work place safety including the US Department of Transportation's Manual on Uniform Traffic Control Devices Part VI. Any notification of a deficiency in traffic control or other safety items shall be immediately corrected by the Contractor(s). No further work shall take place until the deficiency is corrected. Neither the County Debris Manager nor the authorized representative shall sign any additional load or unit rate tickets until the safety item is corrected. The expense incurred by the Contractor for traffic control is an overhead expense contemplated as part of the Contractor's compensation under the terms and conditions of Scope of Services Rapid Response Crew Contractor(s) shall be required to provide the County with access to one or more Rapid Response Crews (RRC) as directed by the County. The purpose of the RRC is to respond immediately to disaster -related debris piles as directed by the County Debris Manager or the County's authorized representative. The RRC assists in the overall cleanup effort by responding to and collecting disaster -related debris that the County deems a priority for overall County recovery. Work Hours The Contractor(s) shall conduct those debris removal operations generating noise levels above that normally associated with routine traffic flow, during daylight hours only. Work may be performed seven (7) days per week. Adjustments to work hours, as local conditions may dictate, shall be coordinated between the County and the Contractor(s). Unless otherwise directed, the Contractor must be capable of conducting volumetric reduction operations at DMS locations on a twenty-four (24) hour, seven (7) days a week basis. Liquidated Damages Should the Contractor fail to complete requirements set forth in this scope of work, the County will suffer damage. The amount of damage suffered by the County is difficult, if not impossible to determine at this time. Therefore, the Contractor shall pay the County, as liquidated damages, RFP-602702-16/GCM — Disaster Debris Hauling Services the following: a. The Contractor shall pay the County, as liquidated damages, $1,000.00 per calendar day of delay to mobilize in the County with the resources required to begin debris removal operations, within seventy-two (72) hours of being issued Release Orders. b. The Contractor shall pay the County, as liquidated damages, $1,000.00 per load of disaster debris collected in the County that is not disposed of at a County -approved DMS or County -designated final disposal site. Application of liquidated damaged does not release the Contractor of all liability associated with hauling and depositing material to an unauthorized location. C. The Contractor shall pay the County, as liquidated damages, $100.00 per incident where the Contractor fails to sufficiently clean collection site(s) so that no loose leaves and small debris in excess of one bushel basket remain, no debris is left on the road surface and no single piece of debris larger than six (6) inches remains on-site. Application of liquidated damages does not release the Contractor from the responsibility of sufficiently cleaning collection site(s). d. The Contractor shall pay the County, as liquidated damages, $500.00 per incident where the Contractor fails to repair damage that is caused by the Contractor or Subcontractor(s). Application of liquidated damages does not release the Contractor from the responsibility of resolving or repairing damages. The amounts specified above are mutually agreed upon as reasonable and proper amount of damage the County should suffer by failure of the Contractor to complete requirements set forth in the scope of work. Payment of Subcontractors: Final and complete payment will be made on the basis of completion and acceptance by the City of the work performed under the contract and receipt of satisfactory evidence that all payrolls, bills for materials, have been paid in full. Payments of subcontractors shall be made in compliance with §218.735 (6) et sq. Florida Statutes. The existence of any unpaid bills or charges for labor, materials or other supplies used directly by the Contractor or any subcontractor under the contract, shall constitute cause for the City to withhold final payment until said bills or charges are paid. Damages The Contractor(s) shall repair any damage caused by the Contractor's equipment in a timely manner at no expense to the County. If there is disagreement between a resident and Contractor(s) as to the repair of damage, the County shall decide and make the final determination on the repair. Any damage to private property shall be repaired at the Contractor's expense. Failure to restore damage to public property or private property to the satisfaction of the County will result in the County withholding retainage money in an amount sufficient to make necessary repairs. To the extent that the County deems the Contractor(s) negligent in management practices, the County may withhold from retainage money or invoice the Contractor(s) for time and material costs associated with resolving issues or damage related to the Contractor's work. Existing Utilities a. Some trees and debris that are to be removed under this contract may be blocked or entangled with overhead power, telephone, and television cables. In this case, it shall be Contractor's responsibility to coordinate directly with the utility owners to arrange for the removal of the debris without damage to the overhead and underground utility lines RFP-602702-16/GCM — Disaster Debris Hauling Services (i.e. water and sewer). The Contractor(s) shall pay all such costs to the utility company for any adjustments. b. The County may choose either to have the Contractor(s) make the necessary repairs or have the Contractor(s) pay all costs incurred to repair damaged utilities that are a result of the Contractor, as determined by the affected utility company. Repairs to all municipal and privately owned utilities shall be made by the Contractor(s). Debris Site Tower Specifications The Contractor(s) shall provide as many towers as designated by the County at each debris management site for the use of County -authorized representatives during their inspection of dumping operations. If ingress and egress of a DMS is of significant distance that the County or its authorized representative are unable to verify the entering and exiting trucks, then the Contractor(s) may be required to provide a second tower. The inspection platform of the tower shall be constructed at a minimum height of ten (10) feet from surrounding grade to finish floor level, have a minimum eight (8) feet by eight (8) feet of usable floor area, be covered by a roof with two (2) feet overhangs on all sides and be provided with appropriate railings and a stairway. Platform shall be enclosed, starting from platform floor level and extending up four (4) feet on all four (4) sides. The expense incurred by the Contractor for the construction of towers is an overhead expense contemplated as part of the Contractor's compensation under the terms and conditions of Scope of Services. b. Care shall be taken to place tower(s) at a sufficient distance away from any reduction/dumping operations. If necessary, dumping operations may be temporarily suspended by the County Debris Manager due to unsuitable conditions at the tower. Facilities at DMS Locations a. The Contractor(s) shall provide as many portable toilets as designated by the County at each dumpsite for the use of County -authorized representatives during their inspection of dumping operations. The toilet shall be provided prior to start of any dumping operations and kept in a sanitary condition by the Contractor(s) throughout the duration of dumping operations. The expense incurred by the Contractor(s) for the operation of portable toilets is an overhead expense contemplated as part of the Contractor's compensation under the terms and conditions of Scope of Services. Ownership of Debris All debris residing in the County ROW and County provided DMS(s) shall be the property of the County until final disposal at a properly permitted disposal site. Environmental Protection a. Any and all fluids or chemicals (work-related materials such as oil-dri, absorbents, etc.) used by the Contractor(s) must be used and disposed of in accordance with all rules and regulations of local, state and federal regulatory agencies. b. Contractor(s) and subcontractors shall not perform maintenance on over -the -road equipment at DMSs. Maintenance of equipment that typically remain at the DMS (e.g., track hoes, front end loaders, grinders, etc.) may be conducted at the DMS provided best management practices are followed and all wastes are managed and disposed of in accordance with all rules and regulations of local, state and federal regulatory agencies. C. The Contractor(s) shall, at its own expense, ensure that noise and dust pollution is minimized to comply with all local and state ordinances and the approval of the County RFP-602702-16/GCM — Disaster Debris Hauling Services Debris Manager. The Contractor(s) shall comply in a timely manner with all directions of the County Debris Manager regarding the use of a water truck or other approved dust abatement measures. d. The Contractor(s) shall comply with all laws, rules, regulations, and ordinances regarding environmental protection. e. The Contractor(s) shall immediately report and document all incidents to the County Debris Manager or the authorized representative that affect the environmental quality of DMS(s) such as, but not limited to, hydraulic fluid leaks, oil spills or fuel leaks. f. The Contractor must notify the County regarding any fluid or chemical spillage so that the County or its authorized representative can review and approve of the cleanup. Documentation and Measurement a. Contractor is responsible for ensuring that all labor and equipment used for Emergency Push activities is certified and that logs are kept for starting days/times, ending days/times, and zones, areas, and streets worked. b. All Contractor(s) trucks used for collection and hauling of eligible debris from the County ROW to County -approved DMSs or County -designated final disposal sites shall be measured (inside bed measurements) and certified for cubic yard volume by the County or County -authorized representative. The Contractor shall provide a representative to attest to the certification/measuring process. It is the Contractor's responsibility to verify the accuracy of truck certifications within 48 hours of truck certification (and notify the County of any discrepancies). Placards will be attached to both sides of each certified truck and shall clearly state the truck measurement in cubic yards, Contractor name, assigned truck number, and other pertinent information, as determined by the County Debris Manager. If a vehicle is working under multiple contracts or for multiple communities, it must be re -certified and issued a new placard by a County -authorized representative each time it returns to work from other contracts or communities. C. The Contractor(s) is responsible for ensuring that all subcontractors maintain a valid driver's licenses and equipment legally fit for travel on the road. d. Load tickets will be provided by the County or its authorized representative for recording volumes of debris removal. Unit rate tickets will be provided by the County or its authorized representative for documenting unit rate services, such as hanger or leaning tree removal. Only tickets designated and approved by the County will be authorized for use. Each ticket shall be of a type that consists of one original and four carbon -copy duplicates. Each ticket shall be used to document the location the disaster -related debris was collected (i.e., street address) and the amount picked up, hauled, reduced and disposed of. Contractor(s) are responsible for ensuring all load and unit rate tickets capture location debris or work was completed, collection/disposal date, disposal location, percentage load call or measurement and County -authorized representative name and signature. No payment will be made by the County for incomplete load or unit rate tickets submitted for payment. Load tickets will be issued by an authorized representative of the County at the collection site. The County -authorized representative will complete the applicable portion of the load ticket, and provide all five copies to the vehicle RFP-602702-16/GCM — Disaster Debris Hauling Services operator. Upon arrival at the DMS or County -designated final disposal site, the vehicle operator will present the five copies of the load ticket to the County - authorized representative on-site. Trucks with less than full capacities will be adjusted down by visual inspection. This determination will be made by the County -authorized representative present at the DMS or County -designated final disposal site. The County -authorized representative will validate, enter the estimated debris quantity, and sign the load ticket. The County will keep the original copy, two (2) copies will be given back to the vehicle operator, and the remaining two (2) copies will be provided to the Contractor. Loads of processed (e.g., chipped) debris being hauled from a DMS to a County - designated final disposal site will follow the same load ticket procedures. A County -authorized representative will initiate the load ticket at the DMS. Another County -authorized representative will validate and sign the ticket at the County - designated final disposal site. The Contractor(s) shall give written notice of the location for work scheduled twenty-four (24) hours in advance. e. Recent technological advancements have allowed for electronic or automated documentation of debris removal. The use of an Automated Debris Management System (ADMS) is at the discretion of the County and its authorized representatives. The successful Proposer should be prepared to manage a debris removal operation that is documented using both paper based and electronic systems. f. Scope of Service items that have rates based on one-way haul mileage shall have such mileage determined by use of a Geographic Information System (GIS) geocoding and routing analysis of the mileage between load origin and DMS or County Designated Final Disposal site. The County shall determine the mileage calculation methodology that is ultimately utilized. Payment a. The County, or its authorized representative, will monitor, verify, and document with load tickets or unit rate tickets the completion of all work, as defined in the scope of work. The Contractor(s) will be provided with copies of this documentation. These documents will be used by the Contractor as backup data for invoice submittals. Work not ticketed or not authorized by the County will not be approved for payment. Additionally, any ticket submitted for payment must be properly completed. Tickets missing loading address, truck number, certified capacity, collection monitor signature, disposal site, load call or disposal monitor signature will not be paid, nor will the County be responsible for unpaid incomplete tickets. b. Private property and FHWA-ER funded roadway debris removal operations will be invoiced separately from ROW collection removal operations. The County reserves the right to request additional invoice separation by debris type (C&D, vegetative debris, HHW, etc.), program (ROW collection, private property debris removal, etc.) and/or applicant(s) (municipalities located within the County). C. Invoices, with the exception of the final invoice, shall be submitted to the County's authorized representative on a weekly basis with the understanding that payment will be in accordance with the agreement. The invoice detail must consist of a tabular report listing all ticket information required by the County. Invoice detail submittals will be checked against County records. d. Contractor(s) must submit a final invoice within thirty (30) days of completion of scope of RFP-602702-16/GCM — Disaster Debris Hauling Services work. Completion of scope of work will be acknowledged, in writing, by the County Debris Manager. The final invoice must be marked "FINAL INVOICE" and no additional payments will be made after the Contractor's final invoice. e. A ten percent (10%) retainage will be withheld from each reconciled invoice until the end of the project. In order to recover the retainage, the Contractor(s) must successfully complete, and receive a letter of completion from the County, for all work zones. Retainage will be held until final reconciliation is complete. Portions of the retainage may be held by the County to repair damage caused by the Contractor(s) to public or private property. f. No separate payment will be made for mobilization and demobilization operations. These costs are to be included in the respective unit prices bid for debris removal and will not be adjusted based on the total amount of debris actually removed in the contract. g. The Contractor is responsible for payment to all subcontractors utilized for the services rendered within this scope of work. The Contractor shall execute release waivers with all subcontractors to release the County from payment to subcontractors directly. The release waivers for all subcontractors shall be provided to the County prior to final retainage release. Payment for disposal cost incurred by the Contractor(s) at County -designated final disposal sites will be made at the cost incurred by the Contractor. The Contractor(s) must submit a copy of all applicable disposal site permits, the agreement with the disposal site including rates, a copy of the invoice(s) received by the County -designated final disposal site, an electronic copy tabulating all scale or load tickets issued by the County -designated final disposal site, and proof of Contractor payment to the County - designated final disposal site. Although the County does not foresee mileage in excess of the ranges provided in Schedule 1 — Unit Rate Price Schedule, the County may grant the Contractor a unit rate price adjustment for one-way haul distances beyond the maximum mileage category provided in Schedule 1 — Unit Rate Price Schedule. The Contractor shall notify the County as soon as the Contractor has determined a one-way haul distance as extraordinary or unusual. As part of the notification to the County, the Contractor must provide substantial proof or justification to support the need for a unit price adjustment for one-way haul distances beyond the maximum mileage category. In the event any portion of this scope of work is to be funded by state or federal funds, the Contractor will comply with all requirements of the state or federal government applicable to the use of the funds. The County will only pay for those items deemed eligible by FEMA or FHWA unless the County otherwise agrees in writing. k. The Contractor will retain all records pertaining to the services and the contract for these services and make them available to the County for a period of seven (7) years following receipt of final payment for the services referenced herein. NOTE: A Performance Bond will be required for this project. RFP-602702-16/GCM — Disaster Debris Hauling Services 40 Part 5 PRICE PROPOSAL PROJECT TITLE: RFP-602702-16/GCM Term Contract for Disaster Debris Hauling Services Name of Proposer: TAG Grinding Services, Inc. Mailing Address: 1750 Powder Springs Road, Suite 190 City/State/Zip: Marietta, Georgia 30064 Phone Number: (6781540-5001 E -Mail Address: jerry@taggrinding.com FAX Number:77( 0 ) 672-6775 Pursuant to and in compliance with the Request for Proposals, the undersigned Proposer agrees to perform the Work in strict conformity with Contract Documents, including Addenda Nos. through , on file for the rates hereinafter set forth. The undersigned Proposer declares that the only persons/parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any person, firm or corporation; and proposes and agrees that, if the proposal is accepted, Proposer will execute an Agreement with the COUNTY and will furnish Insurance Certificates, COST PROPOSAL: Proposer shall include all costs including, but not limited to general administrative overhead; fringe and benefits; profit; transportation of material to the project site; tools, equipment and related items; and all. incidental necessary for the performance of the work. The County will generate examples with estimated quantities to determine the apparent lower Proposer. These estimated quantities will be applied to the Proposer prices and the appropriate weight will be assigned based on the Price Proposal Factor in the Evaluation Criteria. *Tipping Fees will not be included in the Price Schedule* Cost Proposal consist of: Schedule 1: Unit Rate Price Schedule Schedule 2: Hourly Equipment and Labor Price Schedule 41 SCHEDULE 1 - UNIT RATE PRICE SCHEDULE Refer to the Scope of Services for additional description of Work Eligible ROW Vegetative Debris Removal Work consists of the collection and transportation of Eligible vegetative debris on the ROW to a County approved $ Per Cubic -Yard DMS location or County Designated Final Disposal Site. Mileage is based on one way haul distance. 2 0 - 14.99 miles $ 6.95 15 - 29.99 miles $ 7.35 30 miles or greater $ 7.755 u Eligible ROW CBDIDebris Removal Work consists of the collection and transportation of Eligible CSD debris on the ROW to a County Designated Final $Per Cubic -Yard Disposal Site. Mileage is based on one way haul distance. 0 - 29.99 miles $8.37 ;VVorkconsists 30 - 59.99 miles $ 9.4960 -89.99 miles $ 10.61 90 miles or greater $15.00llUon, Removal, Transport and Disposal of Nan-RACM Structures of the decommissioning, demolition and disposal of Eligible Non-RACM Structures on public or private auling the resulting debris to a County Designated Final Disposal Site. Mileage Is based on one way $ Per Cubic -Yard 4 0 - 29.99 milesr45 30 - 59.99 miles EE 60 - 89.99 miles 90 miles or greater Eligible Demolition, Removal, Transport and Disposal of RACM Structures WorkEstance. nsists of the decommissioning, demolition and disposal of Eligible RACM Structures on public or private propand hauling the resulting debris to a County Designated Final Disposal Site. Mileage is based on one way $ Per Cubic -Yard haul 5 0 - 29.1greater $ 80.00 $ 85.00 H60- $ 92.50 90 miles ornn nn DMS Management and Reduction of Through Grinding $ Per Cubic Yard 6 Work consists of management and operation of DMS locations for the reduction of Eligible disaster related debris $ 3.50 through grinding. DMS Management and Reduction of Through Air Curtain Incinerators S Per Cubic T Work consists of management and operation of DMS locations for the reduction of Eligible disaster related debris Is 2.50 through air curtain Incineration. DMS Management and Reduction of Through Controlled Open Burning a 8 Work consists of management and operation of DMS locations for the reduction of Eligible disaster related debris $ 2.25 Through controlled open burning. 42 SCHEDULE 1 - UNIT RATE PRICE SCHEDULE CONTINUED 9 Haul•out of Reduced Eliglble Debris to a County Designated Ftnal Disposal Site Work consists of loading and transporting reduced Eligible disaster related debrs at a County approved DMS location S Per Cubic•Yard to a County Designated Final Disposal Site. Mileage is based on one way haul distance. 0 - 14.99 miles $ 3.25 15 - 29.99 miles $ 3,50 30 - 44.99 miles $ 3,95 45 - 59.99 miles $4.50 60 - 74.99 miles $ 5 25 7F!! 5 - 99.99 miles $ 6,25 100 miles or greater $ 7.50 Removal of Eligible Hazardous Leaning Trees and Eligible Hanging Limbs Work consists of removing Eligible hazardous leaning trees or hanging limbs and placing them on the safest possible location on the County ROW for collection under the terms and conditions of scope of services item 2, Eligible ROW Vegetative Debris Removal (Collect & Haul) $ Per Tree 6 inch to 12.99 inch diameter Eligible Leaning Tree J$35.00 10 13 inch to 24.99 inch diameter Eligible Leaning Tree $ 75.00 25 inch to 36 99 inch diameter Eligible Leaning Tree $ 150.00 37 inch to 48.99 inch diameter Eligible Leaning Tree $ 250.00 49 inch and larger diameter Eligible Leaning Tree $350.00 Removal of all Eligible Hanging Limbs (per Tree) $72.00 Removal of Eligible Hazardous Stumps Work consists of removing Eligible hazardous stumps and transporting resulting debris on the ROW to a County $ Per Stum approved DMS location or County Designated Final Disposal Site. p 11 24.1 inches to 36.99 inch diameter Eligible Stump $250.00 37 Inch to 48.99 inch diameter Eligible Stump $ 350.00 49 inch and larger diameter Eligible Stump $ 450.00 Eligible Household Hazardous Waste Removal, Transport and Disposal $ Per Gallon 12 Work consists of the removal, transportation and proper disposal of Eligible Household Hazardous Waste HH permitted Hazardous Waste TSDF 9 ( W) ata $ 15.00 Eligible ROW White Goods Debris Removal (Collect & Haul) Work consists of the removal of Eligible while goods from the ROW to a designated County approved DMS location. The Contractor shall also be responsible for the transportation of Eligible white goods from the designated County $ Per Unit 13 approved DMS location to a County designated facility for recycling. Refrigerators and freezers requiring refrigerant recovery and decontamination $ $$.00 Washers, dryers, stoves, ovens, AC units, and hot water heaters $ 28.00 Eliglble EScrap Item Removal $ Per Unit 14 Work consists of the recovery and recycling of Eligible E -Scrap such as televisions, computers,:compu:term:cnitors,, 15.00 waves unless otherwise specified in writing by the County. Dead Animal Carcasses sal of dead animal carcasses. S Per Pound .95 43 SCHEDULE 2 - HOURLY EQUIPMENT AND LABOR PRICE SCHEDULE Equipment Type With Operator Labor Rate Air Curtain Burner, Self -Contained System Aourly 5.00Bobcat Loader .0050' Bucket Truck5.00 150.00 Crash Truck w/Impact Attenuator 250.00 Dozer, Tracked, D4 or Equivalent 110.00 Dozer, Tracked, D6 or Equivalent 175.00 Dozer, Tracked, D7 or Equivalent 195.00 Dozer, Tracked, D8 or Equivalent 210.00 Dump Truck, 10 CY-17 CY 55.00 Dump Truck, 18 CY-20 CY 60.00 Dump Truck, 21 CY-30 CY 65.00 Generator, 16 to 100 kW, List kW Capacity 60 kw 6sn on Generator, 210 to 350 kW, List kW Capacity 250 kw 1500.00 Generator, 1,100 to 2,500 kW, List kW Capacity 2.5 mw 3250.00 Light Plant with Fuel and Support 55.00 Grader w/12' Blade 150.00 Hydraulic Excavator, 1.5 CY 110.00 Hydraulic Excavator, 2.5 CY 115.00 Knuckleboom Loader 85.00 Lowboy Trailer w/Tractor 110.00 Mobile Crane up to 15 Ton 175.00 Pump, 40 to 140 HP (Minimum 25' Intake and 200' Discharge to Include Fuel and Support Personnel) 350.00 Pump, 200 HP to 350 HP (Minimum 25' Intake and 200' Discharge to Include Fuel and Support Personnel 450.00 Pump, 500 HP to 650 HP (Minimum 25' Intake and 200' Discharge to Include Fuel and Support Personnel) 650.00 Vac Truck (Mist Capacity), List Capacity 75.00 Pickup Truck, .5 Ton 45.00 Skid -Steer Loader, 1,000 LB Capacity 55.00 Skid -Steer Loader, 2,000 LB Capacity 55.00 Tub Grinder, 800 to 1,000 HP 550.00 44 Equipment Type With Operator Hourly Labor Rate Track Hoe - John Deere 690 of Equivalent 115.00 Truck, Flatbed 75.00 4 Wheel Drive Lift for Tower 55.00 Water Truck (Non -Potable, Dust Control and Pavement Maintenance) 65.00 Wheel Loader, 2.5 CY, 950 or Similar 75.00 Wheel Loader, 3.5 - 4.0 CY, 966 or Similar 85.00 Wheel Loader, 4.5 CY, 980 or Similar 100.00 Wheel Loader -Backhoe, 1.0 -1.5 CY 85.00 Labor Category Hourly Labor Rate Operations Manager w/Cell Phone and Pickup 85.00 Crew Foreman w/Cell Phone and Pickup 65.00 Tree Climber/Chainsaw and Gear 135.00 Laborer w/Chain Saw 35.00 Laborer w/Small Tools, Traffic Control, or Flagperson 30.00 Bonded and Certified Security Personnel 35.00 Crew Category Hourly Labor Rate Wheel Loader, 2.5 CY, 950 or Similar w/Operator, Foreman with Support Vehicle and Small Equipment, Laborer w/Chain Saw, and 195.00 2 Laborers w/Small Tools. FLORIDA SALES- 69-11-033995.53C FEDERAL SALESlUSE. 59-7440131( I--- - j Board of County Commissions Seminole County, Florida PURCHASE ORDER EXHIBIT 'a B " ORDER NUMBER: ADMrATRATIVE SERVICES DEPARTMENT • PURCNASING AND CONTRACTS DIVISION 1107 E. fat SiREE7. COUNTY SfiRNCE6 BLDG, RM, 63205 WFORD FLORIDA 32771 PHONE (407) SSS7715f FAX (401? 55 nM .worm r ue UU1'L.IL;ATE TO: CLERK - B.C.C. FINANCE DIVISION POST OFFICE BOX 8080 SANFORD, FL 32772-0869 Ards. Payable Inquiries. Phone (407) 665.7681 P URC PAS IN G AN 0 CONTRACTS DIVISION -AUTHORIZED SIGNATURE for: SEMINOLE COUNTY BOARD OF COUNTY Comk4lSSIONERS Terms and Conditions 1. AGREEMENT. This Purchase Order Inciuding these terns, conditions, and other referenced documents such as solicitations, specifications, and responses constitute the sole and entire agreement between the parties hereto. The County does hereby retain the Supplier to furnish those services/oommodfties and perform those tasks as described in this purchase order and as further described In the scope of services, attached hereto and Incorporated herein, if applicable. This order shall be construed and Interpreted under the laws of the State of Florida. Jurisdiction and venue, with respect to any suit in connection with this order, shall reside in Seminole County, Florida. 2. DELIVERY OF GOODS AND SERVICES. Failure to deliver the Items or provide the service hereby ordered s" within the time specified shall entitle the County to cancel this order holding the Supplier accountable therefore, and may charge the Supplier with any Increased cost or other loss incurred thereon pursuant to Chapter 672 of the Florida Statutes, unless deferred shipment is requested and agreed to by the County in writing. Payment or acceptance of any Rem after the delivery date shall not constitute a waiver of the County's right lo cancel this order with respect to subsequent deliveries. 3. WARRANTY. Supplier warrants all materials and services covered by this order to conform strictly to the specifications, drawings, or samples as specified or fumished, and to be free from latent or patent defects in material or workmanship. If no quality is specified, the Supplier warrants to County that the goods or service shall be of the best grade of their respective kinds, or will meet or exceed the applicable standards for the industry represented, and Is fit for County's particular purpose. Supplier further warrants that at the time the goods or services are accepted by County, they shall have been produced, sold, delivered, and furnished In strict compliance with all applicable Federal and State laws, municipal ordinances, regulations, rules, labor agreements, and working conditions to which the goods or services are subject In addition to, and not in lieu of the above, that at the time of acceptance, the goods or services are applicable, meet or exceed the applicable standards imposed by (a) Consumer Product Safety Ad, (b) Occupational Safety and Health Ad (Public Law 91- 5961, as amended, (c) Fair Labor Standards Act, as amended, and (d) the goods and services fumished hereunder are free of any claims or liens of whatever nature whether rightful or otherwise of any person, corporation, partnership, or association. 4. MODIFICATIONS. This order can be modified or rescinded only in wrifing by the parties or their duly authorized agents. 5. TERMINATION. The County may, by written notice to the Supplier, terminate this order, in whole or in part, at any time, either for the County's convenience or because of the failure of the Supplier to fulfill Supplier's agreement obligations. Upon receipt of such notice, Supplier shall discontinue all deliveries affected unless the notice directs otherwise. In such event, County shell be liable only for materials or components procured, or work done, or supplies partially fabricated within the authorization of this order. In no event shall County be liable for incidental or consequential damages by reason of such termination. 6. INDEMNIFICATION. Supplier agrees to protect, Indemnify, save, and hold harmless County, Its officers, and employees from and against all losses, costs, and expenses, and from and against all claims, demands, suits, and actions for damages, bases, costs, and expenses and from and against all liability awards, daims of patent Infringement judgments, and decrees of whatsoever nature for any and all damages to property of the County or others of whatsoever nature and for any and all injury to any persons arising out of or resulting from the negligence of Supplier, breach of this order in the manufacture of goods, from any defect in materials or workmanship, from the (allure of the goods to perform to Its full capacity as specified in the order, specification, or other data, or from the breach of any express or implied warrants. The remedies afforded to the County by this cause are cumulative with, and in no way effect any other legal remedy the County may have under this order or at law. 7. INSURANCE. Supplier shall obtain and maintain in force adequate Insurance as directed by the County. Supplier may also be required to carry workers' oompemation Insurance in accordance with the laws of the State of Florida. Supplier shall furnish County with Certificate of Insurance for all service related purchase orders and other specialized services performed at Supplier's location, Any certificate requested shall be provided to the Purchasing and Contracts Division within ten (10) days from notice. Supplier shall notily the County in the event of cancellation, material change, or altercation misled to the Supplier's Insurance Certificate. All policies shall name Seminole County as an additional Insured. 8. INSPECTION. All goods and services are subject to inspection and rejection by the County at any time including during their manufacture, construction, or preparation notwithstanding any prior payment or inspection. Without limiting any of the rights R may have, the County, at is option, may require the Supplier, at the Suppliers expense, to: (a) promptly repair or replace any or all rejected goods, or to cure or re- perform any or all rejected services, or (b) to refund the price of any or all rejected goods or services. All such rejected goods will be held for the Supplier's prompt inspection at the Supplier's risk Nothing contained herein shall relieve, in any way, the Supplier from the obligation of testing, Inspection, and quality control. 9. TAXES. Seminole County Govemment is a non-profit organization and not subject to tax. 10. FLORIDA PROMPT PAYMENT ACT. Suppliers shall be paid in accordance with the State of Florida Prompt Payment Act, Section 218.70, Florida Statutes, upon submission of proper invoioe(s) to County Finance Department, P. 0. Box 8080, Sanford, Florida 32772. Invoices are to be billed at the prices stipulated on the purchase order. All Invoices must reference Seminole County's order number. 11. PAYMENT TERMS. It shall be understood that the cash discount period to the County will be from the date of the invo!ce and not from the receipt of goods/services. 12 PRICE PROTECTION. Suppler warrants that the price(s) set forth herein are equal to the lowest net price and the terns and conditions of sale are as favorable as the price(s), terms, and conditions afforded by the Supplier to any other customer for goods or services of comparable grade or quality during the term hereof. Supplier agrees that any price reductions made in the goods or services covered by this order, subsequent to its acceptance but prior to payment thereof, will be applicable to this order. 13. PACKAGING AND SHIPPING. Unless otherwise speed, all products shall be packed, packaged, marked, and otherwise prepared for shipment in a manner that Is: (a) in accordance with good commercial practice; and (b) acceptable to corvnon carriers for shipment at the lowest rate for the particular product, and M accordance with ICC regulations, and adequate to insure safe arrival of the product at the named destination and for storage and protection against weather. Supplier shall mark all containers with necessary lifting, handling, and shipping information, and also this order number, dale of shipment, and the name of the consignee and consignor. An itemized pecking sheet must accompany each shipment All shipments, unless specified differently, shall be FOB destination. 14. QUANTITY. The quantities of goods, as indicated on the fete hereof, must not be exceeded without prior written authorization from County. Excess quantities may be returned to Supplier at Supplier's expense. 15. ASSIGNMENT. Supplier may not assign, transfer, or subcontract this order or any right or obligation hereunder without County's written consent Any purported assignment transfer or subcontract shall be null and void. 16. EQUAL OPPORTUNITY EMPLOYER, The County is an Equal Employment Opportunity (EEO) employer, and as such requires all Suppliers or vendors to comply with EEO regulations with regards to gender, age, race, veteran status, country of origin, and cored as may be applicable to the Supplier. Any subcontracts entered into shall make reference to this clause with the same degree of application being encouraged. When applicable, the Suppliershall comply with all State and Federal EEO regulations. 17. RIGHT TO AUDIT RECORDS. The County shall be entitled to audit the books and records of Supplier to the extent that such books and records relate to the performance of the order or any supplement to the order. Supplier shall maintain such books and records for a period of three (3) years from the date of final payment under the order unless the County otherwise authorizes a shorter period in writing. 16. FISCAL YEAR FUNDING APPROPRIATION. Unless otherwise provided by law, a order for supplies and/or services may be entered into for any period of time deemed to be in the best interest of the County provided the term of the order and condldons of renewal or extension, If any, are Included in the solicitations, and funds are available for the Initial fiscal period of the order. Payment and perfomance obligations for succeeding fiscal periods shall be subject to the annual appropriation by County. 19. FAILURE TO ACCEPT PURCHASE ORDER. Failure of the Supplier to accept the order as specified may be cause far cancellation of the award, Suppliers who default are subject to suspension and/or debarment, 20. AGREEMENT AND PURCHASE ORDER IN CONFLICT, Whenever the terms and conditions of the MahWaster Agreement conflict with any Purchase Order issued pursuant to It, the MeiNMasterAgreement she!] prevail. 21. FLORIDA PUBLIC RECORDS ACT. vendor must allow public access to all documents, papers, letters or other materiel, whether made or received in conjunction with this Purchase Order which are subject to the public records act, Chapter 119, Florida Statutes. Rev. 3/2014 Bond Number 016072828 PERFORMANCE BOND ($500,000.00) Seminole County Contract No. RFP-602702-16/GCM KNOW ALL MEN BY THESE PRESENTS that: TAG Grinding Services, Inc. (Name of CONTRACTOR) 1750 Powder Springs Rd., Suite 190-171, Marietta, GA 30064 (Address of CONTRACTOR) CONTRACTOR's Telephone Number: 678-540-5001 a Corporation (Corporation, Partnership, or Individual) hereinafter called "Principal", and (Address of Surety) Liberty Mutual Insurance Company (Name of Surety) 175 Berkeley Street, Boston, MA 02116 Surety's Telephone Number: 617-357-9500 hereinafter called "Surety", are held and firmly bound unto SEMINOLE COUNTY, 1101 East First Street, Sanford, Florida 32771, hereinafter called "COUNTY", in the sum of FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($500.000.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than five hundred thousand ($500,000.00). COUNTY's telephone number is (407) 665-7116. THE CONDITION OF THIS OBLIGATION is such,oat whereas, t e Principal entered into a certain Agreement with COUNTY, dated the / day of , nz;la copy of which is hereto attached and made a part hereof for the constructio of:Term Contratt for Disaster Debris Hauling Services (RFP-602702-16/GCM) Legal Description of Property: Seminole County Disaster Debris Hauling Services PERFORMANCE BOND 00600-1 Revised 3/12/2012 Pagel of 5 General description of the work: The CONTRACTOR is responsible for all labor, materials equipment, coordination, and incidentals necessary for disaster debris, removal, reduction. disposal, and other emergency cleanup services following a disaster event. This Performance Bond is being entered into to satisfy the requirements of Section 255.05, Florida Statues, and the Agreement referenced above, as the same may be amended. NOW, THEREFORE, the condition of this obligation is such that if Principal: 1. Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited, to the guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement; and 2. Pays COUNTY all liquidated damages, losses, damages, delay damages, expenses, costs, and attorneys' fees, including costs and attorneys fees on appeal that COUNTY sustains resulting from any breach or default by Principal under the Agreement then this bond is void; otherwise it shall remain in full force and effect The coverage of this Performance Bond is co -equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part, except that the coverage of the Performance Bond is limited to five hundred thousand ($500,000.00). In the event that the Principal shall fail to perform any of the terms, covenants, and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond is in effect, the Surety shall remain liable to COUNTY for all such direct loss or damage (including reasonable attorneys' fees and costs and attorneys' fees and costs on appeal) resulting from any failure to perform, up to $500,000.00 and for indirect damages as determined by COUNTY up to an additional twenty percent (20%) over the adjusted Contract Price. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold COUNTY harmless from any and all loss, damage, cost, and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting from the Surety's failure to fulfill its obligations hereunder up to $500,000.00. The Surety stipulates and agrees that its obligation is to perform the Principal's work under the Agreement under this Performance Bond. The following preventative options by the Surety are encouraged: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents; and (ii) Surety's offers to COUNTY to buy back this Performance Bond;. (iii) take over performance of the Principal's work and be the completing Surety even if performance of the Principal's work exceeds the adjusted Principal's Contract Price; or (iv) re -bid and re -let the Principal's work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's work and furnishing adequate funds to complete the PERFORMANCE BOND 00600-1 Revised 3/12/2012 Page 2 of 5 work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the remaining Contract Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by COUNTY. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon COUNTY's pursuit of its remedies against Principal; however, such obligation shall only arise upon a declaration of default of the Principal and shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by COUNTY and Principal without Surety's knowledge or consent; and (ii) the discharge of Principal as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar State or Federal law, or any limitations of the liability of Principal or its estate as a result of any such proceeding. Any changes in or under the Agreement and Contract Documents and compliance or non- compliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Performance Bond and Surety hereby waives notice of any such changes. However, in the event Change Orders (unilateral or directive change orders and bilateral change orders) or other modifications to the Agreement and Contract Documents are executed exceeding one hundred percent (100%) of the Contract Price, the Surety shall be notified by COUNTY of such increased by COUNTY, and the Principal shall be required to increase the sum of this Performance Bond to be commensurate with the increased Contract Price. The Surety's liability to COUNTY shall not be reduced should COUNTY directly purchase for the purpose for Sales Tax Recovery certain components and materials to be utilized in the work done by the Principal pursuant to his obligations under the Agreement. Specifically, the Surety shall remain fully liable and bound to COUNTY for the full compliance with the Contract Documents and full performance and function and all warranties of all components and materials, notwithstanding the fact that COUNTY may issue deductive Change Orders and directly purchase such items. This Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. This Performance Bond is intended to comply with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide contract rights more expansive than as required by statute. IN WITNESS WHEREOF, this instrument is executed this 16W—day of ,20 L7-::. PERFORMANCE BOND 00600-1 Revised 3/12/2012 Page 3 oft ATTEST: By: /J/L Secretary Name.�1�1 rTi1 Gil, f�' �o�CS Z Print N e PRINCIPAUCONTRACTOR TAG Grinding Services, Inc. By: . , Name: �Je/ /L� • �l��KS Print Narr(e Title: NUd 9ACAGG1 46C Address: 1750 Powder Springs Rd., Suite 190-171 Marietta, GA 30064 (Surety Signature Page Follows) PERFORMANCE BOND 00600-1 Revised 3/12/2012 Page 4 of 5 ATTEST: By: rn y -in- acct Name: Margaret S. Meyers Print Name Hess Debra Johnson PriName r Witness Ashlev Burke Print Name SURETY Liberty Mutual Insurance Company By: . 44�4 Name: Richard W. Naylor Print Name Title: Attorney-in-fact and FL Agent is Address: 2500 Cumberland Parkway, Suite 400 Atlanta, GA 30339 678-424-6500 NOTE: Date of this Performance Bond must not be prior to date of the Agreement. If CONTRACTOR is a joint venture, all venturers shall execute this Performance Bond. If CONTRACTOR is a Partnership, all partners shall execute this Performance Bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by COUNTY. All bonds shall be originals and issued or countersigned by a local producing agent who is authorized to operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to sign such Bond. Agents of surety companies must list their name, address, and telephone number on all Bonds. P:1Users\Legal Secretary CSB\Forms-Purchasing\Performance Bond -Rev March 2012.doc PERFORMANCE BOND 00600-1 Revised 3/12/2012 Page 5 of 5 B.C.C. - SEMINOLE COUNTY, FL RFP TABULATION SHEET RFP NUMBER: RFP-602702-16/GCM RFP TITLE: Disaster Debris Hauling Services DUE DATE: January 25, 2017 TIME: 2:00 P.M. ALL RFP'S ACCEPTED BY SEMINOLE COUNTY ARE SUBJECT TO THE COUNTY'S TERMS AND CONDITIONS AND ANY AND ALL ADDITIONAL TERMS AND CONDITIONS SUBMITTED BY THE PROPOSERS ARE REJECTED AND SHALL HAVE NO FORCE AND EFFECT. RFP DOCUMENTS FROM THE CONSULTANTS LISTED HEREIN ARE THE ONLY RFP'S RECEIVED TIMELY AS OF THE ABOVE OPENING DATE AND TIME. ALL OTHER RFP DOCUMENTS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY, ARE HEREBY REJECTED AS LATE. Page 1 of 1 Ashbritt, Inc. 565 E. Hillsboro Blvd Deerfield Beach, Florida 33441 Phone- (954) 725-6992 Fax: (954) 725-6991 Attn: Matt Gierden response(a)ashbritt.com Bergeron Emergency Services, Inc. 19612 SW 69th Place Ft. Lauderdale, Florida. 33332 Phone (786) 554-3270 Fax (866) 757-7656 Attn: Ronald M. Bergeron Jottilige(cD-bergeroninc.com Ceres Environmental 6968 Professional Parkway East Sarasota, Florida 34240 Phone: (800) 218-4424 Fax (866) 228-5636 Attn: David A. Preus gail.hanscom(cD_ceresenv.com DRC Emergency Services 6258 Marshall Foch New Orleans, LA. 70124 Phone: (888) 721-4372 Fax (504) 482-2852 Attn: Kristy Fuentes Kfuentes(cD_dreusa.com Graham County Land Company LLC Grubbs Emergency Services, LLC Phillips and Jordan, Inc. TAG Grinding Services, Inc. 750 Tallulah Road PO Box 468 10201 Parkside Drive, # 300 1750 Powder Springs Road #190 Robbinsville, NC. 28771 Aripeka, Florida 34679 Knoxville, TN. 37922 Marietta, Georgia 30064 Phone- (828) 479-3581 Phone (352) 796-7127 Phone: (865) 688-8342 Phone: (678) 540-5001 Fax: (919) 882-1030 Fax (352) 797-7598 Fax: (865) 688-8369 Fax (770) 672-6775 Attn: Randy Jordan Attn: John G. Grubbs Attn: Dudley Orr Attn: Jerry W. Brooks randv(a)GCLNC.com paula(cDgrubbses.com disasterservices(cDpandi.comierry(cDtaggrinding.com TFR Enterprises, Inc. Evaluation Criteria: 601 Leander Drive Leander, Texas 78641 Qualifications and Experience Phone: (512) 260-3322 • Ability to Perform Fax (512) 528-1942 • Operational Plan • Price Proposal Attn: Tipton Rowland tiffanyw(cDtfrinc.com Status: Tabulated by Gladys Marrozos, Senior Procurement Analyst (Posted 1/26/2017 @ 9:55 AM EST) Recommendation and Notice of Intent to Award: Ashbritt, Inc.; Ceres Environmental; and Tag Grinding Services, Inc. (BCC award date: 3/28/2017) posted 2/21/2017 n 1:45 PM EST Criteria Firm's Experience Ability to Perform Operational Plan - Approach Knowledge of FEMA Regulations and Procedures Price Structure (Calculated by PCD Total Points Ranking Weight 20 20 20 20 20 AshBritt, Inc. 19.06 18.96 18.93 18.69 17 92.64 1 Mike Bruk 20 20 20 20 97 1 William Edwards 20 20 20 20 97 1 Meloney Lung 17.31 17.78 17.63 17.47 87.19 2 Ralph Terrero 20 19 19 20 95 1 Jeff Waters 18 18 18 16 87 2 Bergeron Emergency Services 14.85 14.67 15.34 12.6 11 68.46 9 Mike Bruk William Edwards 10.14 16 10.17 17 15.14 17 5.54 15 51.99 76 9 7 Meloney Lung 15.11 14.2 16.56 16.38 73.25 9 Ralph Terrero 16 16 15 18.1 76.1 7 Jeff Waters 17 16 13 8 65 6 Ceres Environmental Services, Inc. 17.13 17.31 17.32 17.17 18 86.93 2 Mike Bruk 16.23 15.5 20 15.1 84.83 4 William Edwards 19 20 18 18 93 2 Meloney Lung 15.4 15.06 14.62 15.75 78.83 5 Ralph Terrero 17 18 16 19 88 3 Jeff Waters 18 18 18 18 90 1 DRC Emergency Services, LLC 17.97 15.75 17.21 17.21 17 85.14 4 Mike Bruk 20 10.04 20 20 87.04 3 William Edwards 18 16 15 15 81 5 Meloney Lung 17.83 17.72 18.04 17.04 87.63 1 Ralph Terrero 16 18 15 17 83 4 Jeff Waters 18 17 18 17 87 2 Graham County Land Company, LLC 14.06 12.8 13.22 10.65 18 68.73 8 Mike Bruk 10.04 10.05 15.2 10.04 63.33 8 William Edwards 15 12 10 10 65 8 Meloney Lung 15.26 13.96 12.88 13.2 73.3 8 Ralph Terrero 16 18 14 15 81 5 Jeff Waters 14 10 14 5 61 7 Grubbs Emergency Services LLC 13.55 13.86 12.75 14.39 15 69.55 7 Mike Bruk 17.79 10.04 15.03 19.5 77.36 5 William Edwards 13 13 10 10 61 9 Meloney Lung 14.95 15.28 15.73 15.44 76.4 6 Ralph Terrero 12 16 13 12 68 g Jeff Waters 10 15 10 15 65 6 Criteria Firm's Experience Ability to Perform Operational Plan - Approach Knowledge of FEMA Regulations and Procedures Price Structure (Calculated by PCD Total Points Ranking Phillips and Jordan, Inc 15.07 17.14 17.46 16.69 16 82.36 5 Mike Bruk 10.04 14.48 14.92 12.94 68.38 7 William Edwards 18 19 20 18 91 3 Meloney Lung 17.32 17.24 17.4 17.51 85.47 4 Ralph Terrero 16 18 17 16 83 4 Jeff Waters 14 17 18 19 84 3 TAG Grinding Services, Inc. 16.59 15.9 16.54 17.39 20 86.42 3 Mike Bruk 15.01 15.07 20 20 90.08 2 William Edwards 17 18 17 18 90 4 Meloney Lung 16.95 17.41 15.68 15.97 86.01 3 Ralph Terrero 16 18 17 18 89 2 Jeff Waters 18 11 13 15 77 4 TFR Enterprises, Inc. 14.96 13.84 14.25 15.38 16 74.43 6 Mike Bruk 12.32 11.08 15.22 15.3 69.92 6 William Edwards 16 16 14 16 78 6 Meloney Lung 15.49 15.13 15.01 15.58 77.21 7 Ralph Terrero 16 16 14 15 77 6 Jeff Waters 15 11 13 15 70 5 Recommendation of Award: Ashbritt, Inc., Ceres Environmental Services, Inc., and TAG Grinding Services, Inc. 2/22/2017 Vendor Link I Evaluation Details Evaluation Details Title Disaster Debris Hauling Services Number RFP-602702-16/GCM Phase Initial Evaluations Terms The following terms have been agreed upon by all evaluators that have conducted an evaluation for this bid solicitation • Conflict of Interest Statement — Policies and Procedures address employee and elected official conflicts, ss. 112.313, FL Statute; Seminole County Code; Personnel Policies and Procedures of Seminole County. Conflicts may occur when public officials or employees are in a position to make decisions which affect their private gain or the gain of family members and friends. County policy encourages the disclosure process to remind officials or employees of the obligation to put the public interest above personal considerations. I state that I have considered my obligation to put the public interest above personal interest. • Congratulations on your selection as an Evaluation Team Member! Your evaluation is key in awarding quality contracts. You must examine each proposal against the evaluation criteria in the solicitation and provide supportive narrative for your selection. Are you willing to evaluate in a fair, comprehensive, and impartial manner? Are you willing to present a clear picture of the issues considered during the evaluation? I have read and will comply with the above requirement. • Instructions: Describe strengths, weaknesses and deficiencies to support your assessment for each of the categories. I have read and comply with the above requirement. Scores Convert to Excel Criteria Firm's Ability to Operational Knowledge of FEMA Total Experience Perform Plan - Regulations and Approach Procedures Weight 20 20 20 20 80 AshBritt, Inc. 19.06 18.96 18.93 18.69 75.64 Bergeron 14.85 14.67 15.34 12.60 57.47 Emergency Services Ceres Environmental 17.13 17.31 17.32 17.17 68.93 Services, Inc. DRC Emergency 17.97 15.75 17.21 17.21 68.13 Services, LLC https://pcdli nk.sem i nolecountyfl.gov/vendorli nk/staff/evaluationdetai ls.aspx?pid=25&st=f 1/17 2/22/2017 Vendor Link i Evaluation Details Graham County 14.06 Land Company, LLC 13.22 Grubbs Emergency 13.55 Services LLC 12.75 Phillips and Jordan, 15.07 Inc 17.46 TAG Grinding 16.59 Services, Inc. 16.54 TFR Enterprises, 14.96 Inc. 14.25 Respondent: AshBritt, Inc. • Criteria: Firm's Experience Evaluator: Meloney Lung Comment: 20 years -260 disaster projects of various sizes. 55 federally declared disasters in 19 states. Currently contracted with 60 jurisdictions Provided list of AshBritt staff and contracted employees available during a disaster Evaluator: Mike Bruk Comment: Multiple disaster contracts in the local area. Evaluator: William Edwards Comment: For Hurricane Matthew, worked for Brevard and St. Johns counties, as well as Chatham, GA, each with over 500,000CY of debris. Removed over 5.5 MCY for clients following Matthew. Numerous other storm responses identified. Evaluator: Ralph Terrero Comment: comprehensive experience Evaluator: Jeff Waters Comment: The firm has numerous deployments during Hurricane Matthew. • Criteria: Ability to Perform Evaluator: Meloney Lung Comment: See comments above. Provided list of potential subcontractors within Florida. Provided resumes of key personnel Provided equipment list Evaluator: Mike Bruk Comment: Managed several hauling projects for multiple municipalities within close proximity to each other. https:Hpcdlink.seminolecountyfl.gov/vendorlink/staff/evaluationdetails.aspx?pid=25&st=f 2/17 Vendor Link i Evaluation Details 12.80 13.22 10.65 50.73 13.86 12.75 14.39 54.55 17.14 17.46 16.69 66.37 15.90 16.54 17.39 66.42 13.84 14.25 15.38 58.43 Respondent: AshBritt, Inc. • Criteria: Firm's Experience Evaluator: Meloney Lung Comment: 20 years -260 disaster projects of various sizes. 55 federally declared disasters in 19 states. Currently contracted with 60 jurisdictions Provided list of AshBritt staff and contracted employees available during a disaster Evaluator: Mike Bruk Comment: Multiple disaster contracts in the local area. Evaluator: William Edwards Comment: For Hurricane Matthew, worked for Brevard and St. Johns counties, as well as Chatham, GA, each with over 500,000CY of debris. Removed over 5.5 MCY for clients following Matthew. Numerous other storm responses identified. Evaluator: Ralph Terrero Comment: comprehensive experience Evaluator: Jeff Waters Comment: The firm has numerous deployments during Hurricane Matthew. • Criteria: Ability to Perform Evaluator: Meloney Lung Comment: See comments above. Provided list of potential subcontractors within Florida. Provided resumes of key personnel Provided equipment list Evaluator: Mike Bruk Comment: Managed several hauling projects for multiple municipalities within close proximity to each other. https:Hpcdlink.seminolecountyfl.gov/vendorlink/staff/evaluationdetails.aspx?pid=25&st=f 2/17 2122/2017 VendorUnk I Evaluation Details Evaluator: William Edwards Comment: Numerous officers and managers with over 10 years of experience, several of which were previous FEMA officials. $25M in working capital LOC; $50M in working capital; $650M bonding capacity. Worked for over 30 clients in FL following Matthew. Provided excellent description of subcontractor registration and management processes. Evaluator: Ralph Terrero Comment: large debris removal performed Evaluator: Jeff Waters Comment: The firm has extensive experience from various sized incidents. The firm uses an online subcontractor website to access local service providers during the planning phase. Criteria: Operational Plan - Approach Evaluator: Meloney Lung Comment: Quality Control Plan, pre -planning, subcontractor plan, document management and safety plan Evaluator: Mike Bruk Comment: Well written operational plan. Evaluator: William Edwards Comment: Nine Phase technical approach include planning/preparedness, ROW collection, DMS management, closeout, etc.. Commitment to annual planning/training. Utilizes DIMS (Disaster Information System), but also has used 3rd party electronic ticket systems (such as provided by monitor) Evaluator: Ralph Terrero Comment: above average Operational Plan Evaluator: Jeff Waters Comment: The plan does a good job of discussing the first, second, and third passes and what generally occurs. The safety concerns about special waste was well done. • Criteria: Knowledge of FEMA Regulations and Procedures Evaluator: Meloney Lung Comment: Provided documentation that demonstrates knowledge of Federal and State reimbursement practices Evaluator: Mike Bruk Comment: Proposal shows good knowledge of FEMA. Evaluator: William Edwards Comment: Numerous pages of table showing storms/clients and reimbursements dating back to 1992 - Hurricane Andrew. Excellent description of monitoring, load tickets and work tracking for FEMA reimbursements. Evaluator: Ralph Terrero hftps://pcdlink.seminolecountyfl.gov/vendorlink/staff/evaluationdetails.aspx?pid=25&st=f 3/17 2/22/2017 Vendor Link I Evaluation Details Comment: Experienced with FEMA regulations and ability to file and receive reimbursements Evaluator: Jeff Waters Comment: The firm has a FEMA technical advisor on staff. The proposal shows that the firm is knowledgeable in FEMA's recent rule changes. Respondent: Bergeron Emergency Services • Criteria: Firm's Experience Evaluator: Meloney Lung Comment: Responded to 50 midsize to large event within 50 years. 27 current agreements with Florida counties and cities. Evaluator: Mike Bruk Comment: Low number of debris hauling projects in the area. Evaluator: William Edwards Comment: Numerous storms worked dating back to Andrew (1992). Representative projects demonstrate millions of CY of debris removed/managed. Evaluator: Ralph Terrero Comment: Good past performance Evaluator: Jeff Waters Comment: The firm has had multiple response in FL. • Criteria: Ability to Perform Evaluator: Meloney Lung Comment: Provided resume of key personnel Access to Bergeron Land Development personnel as needed. Provided summary of certifications by personnel. Provided equipment list Provided subcontractor list by state Evaluator: Mike Bruk Comment: Marginal management of multiple contracts during debris hauling events. Evaluator: William Edwards Comment: Extensive table of training and certifications for managers/officers. Numerous Florida subcontractors listed. Evaluator: Ralph Terrero Comment: Good ability to perform Evaluator: Jeff Waters Comment: The proposal listed equipment available from the "family of companies" as opposed to the emergency services division. It is unclear how much equipment is available. hftps://pcdlink.seminolecountyfl.gov/vendorlinklstaff/evaluationdetails.aspx?pid=25&st=f 4/17 2/22/2017 VendorUnk I Evaluation Details Criteria: Operational Plan - Approach Evaluator: Meloney Lung Comment: Resource Life Cycle -Event -Identify Requirements -Order and Acquire -Mobilize -Track and Report-Recover/Demobilize - Reimburse and Replenish - Inventory Use a zoned and phased approach for debris removal. Focus on clearing roads, etc. Evaluator: Mike Bruk Comment: Equipment and operation plan acceptable. Evaluator: William Edwards Comment: Three phase response system. Good description of dividing County into Divisions/sectors/zones. Nice description of haul distances and evaluation of DMS sites. Evaluator: Ralph Terrero Comment: good operational plan Evaluator: Jeff Waters Comment: The ops. plan seemed to contradicted itself by stating subcontractors work under direct supervision vs. limit the use of subcontractors to two tiers of supervision. The was confusing and unclear. The plan didn't discuss how to conduct debris assessment. • Criteria: Knowledge of FEMA Regulations and Procedures Evaluator: Meloney Lung Comment: VP has 19 years experience in disaster debris removal and has operated over 30 major disaster declarations. Indicate familiar with FEMA, FDEM, NRCS, FHWA, FDEP, FDOF, FWC, NFS, USDA. Evaluator: Mike Bruk Comment: Limited information given regarding FEMA and reimbursements. Evaluator: William Edwards Comment: Coordinated with FEMA on over 30 events. Evaluator: Ralph Terrero Comment: very good knowledge of FEMA Reg/Procedures Evaluator: Jeff Waters Comment: The proposal states that past projects involved FEMA but no approach to assist the county in the reimbursement process was provided. Respondent: Ceres Environmental Services, Inc. • Criteria: Firm's Experience Evaluator: Meloney Lung Comment: 41 years of experience 500 pieces of equipment 5000 subcontractors 86 Current agreements Evaluator: Mike Bruk https://pcdlink.seminolecountyfl.gov/vendorlinklstaff/evaluationdetails.aspx?pid=25&st=f 5/17 2/22/2017 Vendorl-ink i Evaluation Details Comment: Very good response to debris hauling operations in the local area. Not as much large project experience. Evaluator: William Edwards Comment: Numerous projects over 500,000 CY in last 10 years. $1.7 billion in work awarded on debris removal projects over 25 years. Evaluator: Ralph Terrero Comment: very good experience Evaluator: Jeff Waters Comment: The firm has a wide array of response experience in and around Florida. • Criteria: Ability to Perform Evaluator: Meloney Lung Comment: Provided examples in each area of the Core Competencies- Rapid deployment Experienced project management Financial stability Owned equipment Trusted subcontractors Evaluator: Mike Bruk Comment: Satisfactory response to managing several contracts within the same storm event. Evaluator: William Edwards Comment: Key personnel have worked many storms and have training/certifications to include FEMA/OSHA/HazWOPER, etc... $400M bonding capacity Over 5,000 subcontractors with 670 in Florida. Excellent description of subcontracting considerations Evaluator: Ralph Terrero Comment: good experience in the debris removal and good ability to manage different contracts Evaluator: Jeff Waters Comment: The company has an extensive list of owned equipment. The office is located in FL. The firm utilizes GPS in their vehicles. The firm provides a dedicated subcontract manager and they have an extensive database of subs. • Criteria: Operational Plan - Approach Evaluator: Meloney Lung Comment: Provided a time line and typical work flow for a disaster response Provided project management philosophy. Evaluator: Mike Bruk Comment: Very well written operational plan. Evaluator: William Edwards Comment: Good descriptions of alerts, ROW procedures and DMS management. Several potential, descriptive scenarios provided. Evaluator: Ralph Terrero https:Hpcdlink.sem i nolecountyfl.gov/vendorl i nk/staff/evaluationdetails.aspx?pid=258st=f 6/17 2/22/2017 VendorLink I Evaluation Details Comment: good operational plan Evaluator: Jeff Waters Comment: The ops. plan did a good job of providing specific and realistic job requirements (i.e. field manager to scout up coming pick up locations). • Criteria: Knowledge of FEMA Regulations and Procedures Evaluator: Meloney Lung Comment: Described invoicing and data management process Evaluator: Mike Bruk Comment: Good knowledge of FEMA regulations and reimbursements. Evaluator: William Edwards Comment: Experience on over 100 FEMA projects. No client has been (completely) denied reimbursement. Evaluator: Ralph Terrero Comment: good knowledge of FEMA Regulations Evaluator: Jeff Waters Comment: The firm provides FEMA training with an assigned specialist. The firm states that their projects have received 1.7 billion in FEMA reimbursements of the years. Respondent: DRC Emergency Services, LLC • Criteria: Firm's Experience Evaluator: Meloney Lung Comment: Formed in 1989 - 27 years in business Provided many examples of services - Have provided debris removal services for 36 separate and simultaneous disaster contracts which included Houston, Galveston and New Orleans. Provided resumes of key personnel and spreadsheet outlining key personnel's involvement in major disasters from 2005 - 2016. Evaluator: Mike Bruk Comment: High amount of local contracts with local knowledge. Evaluator: William Edwards Comment: In business 27 years with numerous storm responses. Several projects identified with over 500,000 of debris in last 10 years. Evaluator: Ralph Terrero Comment: Good experience Evaluator: Jeff Waters Comment: The firm has in-depth experience in and around FL. hftps:Hpcdlink.seminolecountyfl.gov/vendorlinklstaff/evaluationdetails.aspx?pid=25&st=f 7/17 2/22/2017 VendorLink i Evaluation Details Criteria: Ability to Perform Evaluator: Meloney Lung Comment: Six office locations in Florida (2), Texas, Louisiana, Alabama and North Carolina. Provided examples of ability to manage multiple contracts when a disaster effects multiple states or cities. Evaluator: Mike Bruk Comment: Marginal experience managing multiple contracts under the same disaster event. Evaluator: William Edwards Comment: Key personnel have worked many storms and have training/certification such as FEMA (various) and OSHA/HazWOPER, etc... $100M of working capital and $150M bonding capacity Identified several Florida subcontractors with a focus on recycling debris. Evaluator: Ralph Terrero Comment: Have performed the services in similar cities/counties Evaluator: Jeff Waters Comment: The firm has two offices located in FL. The proposal does a good job of the firm's ability to complete assignments. • Criteria: Operational Plan -Approach Evaluator: Meloney Lung Comment: Provided description of tasks by title during the prepare stage. Respond stage -provided time line for response and job tasks. (Identified potential debris management sites within Seminole County) Evaluator: Mike Bruk Comment: Very good reimbursement rates and knowledge of FEMA regulations. Evaluator: William Edwards Comment: Sequential plan describes ramp up following event with 100% within 5 days following event. Evaluator: Ralph Terrero Comment: good operational plan Evaluator: Jeff Waters Comment: The proposal discusses emergency fueling needs and their contact to acquire fuel during shortages. The plan to provide public notice in order to make debris removal more efficient is well explained. The proposal does a good job of discussing complaint resolution. Criteria: Knowledge of FEMA Regulations and Procedures Evaluator: Meloney Lung Comment: Provided multiple examples of disasters involving FEMA Indicate that daily progress and quality control reports will be submitted to the County. Software to track daily clean-up with load tickets and photos Evaluator: Mike Bruk Comment: Very good reimbursements rates and knowledge of FEMA regulations. hftps:Hpcdlink.seminolecountyfl.gov/vendorlink/staff/evaluationdetails.aspx?pid=25&st=f 8/17 2/22/2017 VendorLink i Evaluation Details Evaluator: William Edwards Comment: Excellent description of FEMA reimbursement process including discussion of initial needs funding. Evaluator: Ralph Terrero Comment: good knowledge of Fema regs/data management Evaluator: Jeff Waters Comment: The proposal does a good job of explaining the firm's past experience with FEMA related projects. The proposal offers FEMA related trainings. Respondent: Graham County Land Company, LLC • Criteria: Firm's Experience Evaluator: Meloney Lung Comment: Established in 1972 and organized in NC in 1998. Provided key personnel resumes and resumes included notable projects Evaluator: Mike Bruk Comment: Limited amount of experience in the Central Florida area. Evaluator: William Edwards Comment: Disaster response services for over 20 years. Selected projects selected including USACE projects with millions of CY of debris removal. Evaluator: Ralph Terrero Comment: good experience related to county's needs Evaluator: Jeff Waters Comment: The firm experience doesn't appear to match what Seminole County generally contends with. • Criteria: Ability to Perform Evaluator: Meloney Lung Comment: Evaluator: Mike Bruk Comment: Limited amount of subcontractors within the region. Evaluator: William Edwards Comment: Several key personnel with FEMA training and storm recovery experience. No other contracts for disasters in FL. Identified five FL subcontractors. Evaluator: Ralph Terrero Comment: good experience, training and ability to manage multiple contracts Evaluator: Jeff Waters https://pcdlink.seminolecountyfl.gov/vendorlinklstaff/evaluationdetails.aspx?pid=25&st=f 9/17 2122/2017 VendorLink I Evaluation Details Comment: The proposal does not list company owned equipment. The only discussion of equipment was from subcontractors. • Criteria: Operational Plan - Approach Evaluator: Meloney Lung Comment: Provided org chart of positions with experience and responsibilities Described mobilization of personnel and equipment Evaluator: Mike Bruk Comment: Good operational plan. Evaluator: William Edwards Comment: Very descriptive plans describing 3 phase response. Nice description of segregating various waste types. Evaluator: Ralph Terrero Comment: average methods to complete assigned task Evaluator: Jeff Waters Comment: The operations plan is acceptable but doesn't discuss MOT for clearing the ROW. • Criteria: Knowledge of FEMA Regulations and Procedures Evaluator: Meloney Lung Comment: Evaluator: Mike Bruk Comment: Limited experience with FEMA and reimbursements shown. Evaluator: William Edwards Comment: Very little description of FEMA policies and data management. Evaluator: Ralph Terrero Comment: Good knowledge of Fema Evaluator: Jeff Waters Comment: The proposal has minimal discussion of FEMA and states that it is the responsibility of the monitoring firm. Respondent: Grubbs Emergency Services LLC • Criteria: Firm's Experience Evaluator: Meloney Lung Comment: Provided a list of over one hundred disaster event projects Provided brief bio and resumes of key personnel Evaluator: Mike Bruk hftps:Hpcdlink.seminolecountyfl.gov/vendorlink/staff/evaluationdetaiIs.aspx?pid=25&st=f 10/17 2/22/2017 Vendor Link i Evaluation Details Comment: Very good experience managing projects similar to Seminole County's needs. Evaluator: William Edwards Comment: Managing disaster recovery projects since 1999. Numerous storms and clients identified , but nothing listed between 2012 and 2016. Evaluator: Ralph Terrero Comment: average firm experience Evaluator: Jeff Waters Comment: The firm has experience in FL; however, the proposal did not list the cubic yards collected for jobs completed. • Criteria: Ability to Perform Evaluator: Meloney Lung Comment: Provided equipment list and list of subcontractors within FL, GA and SC 45 active disaster response/debris management contracts Evaluator: Mike Bruk Comment: Marginal ability to secure subcontractors. Evaluator: William Edwards Comment: Numerous other FL clients identified. Several dozen subcontractors listed for FL. Key personnel have worked many storms and have training/certifications to include FEMA/OSHA/HazWOPER, etc... Evaluator: Ralph Terrero Comment: average ability to perform Evaluator: Jeff Waters Comment: The provided a list of personnel and equipment that is adequate for a response. • Criteria: Operational Plan - Approach Evaluator: Meloney Lung Comment: Discussed pre -event, mobilization, phasing of debris clean-up and disposal, site remediation, site closeout Evaluator: Mike Bruk Comment: Good operational plan. Evaluator: William Edwards Comment: Describes response process and debris types. Good descriptions of DMS mgmt. Evaluator: Ralph Terrero Comment: marginal operational plan Evaluator: Jeff Waters hdps:Hpcdli nk.sem i nolecountyfi.gov/vendorli nk/staff/evaluationdetails.aspx?pid=25&st=f 11/17 2/22/2017 VendorLink I Evaluation Details Comment: The ops. plan did not provide enough detail about how operations would work but listed the different components of a response and what the function is. • Criteria: Knowledge of FEMA Regulations and Procedures Evaluator: Meloney Lung Comment: Since 1999 - led projects that required FEMA expertise Evaluator: Mike Bruk Comment: Very good knowledge of FEMA regulations and reimbursement. Evaluator: William Edwards Comment: Very little description of FEMA reimbursement and data management. Evaluator: Ralph Terrero Comment: average Tema reg knowledge Evaluator: Jeff Waters Comment: The firm has adequate experience with FEMA related work. Respondent: Phillips and Jordan, Inc • Criteria: Firm's Experience Evaluator: Meloney Lung Comment: 38 years if experience as a disaster recovery and debris management contractor. Successfully managed over 175 disaster debris projects. Provided entity names for 32 existing Florida pre -positioned contract. Familiar with Florida -office in Zephyrhills Evaluator: Mike Bruk Comment: Majority of experience not in Florida. Evaluator: William Edwards Comment: 38 years in disaster response with nearly $500M in revenue since 2007 working on numerous events for local/state and federal clients. Evaluator: Jeff Waters Comment: The firm has not had an Florida response since 2012 and has not had a 500,000 cubic yards response in Florida in the past 10 years. Evaluator: Ralph Terrero Comment: good firm experience Criteria: Ability to Perform Evaluator: Meloney Lung Comment: 64 year old privately held corporation. Employs over 1,000 employees that support a wide variety of projects at sites located throughout the US. Long standing subcontractor relationships Extensive fleet -950 pieces equipment Provided resumes of key personnel https://pcdlink.seminolecountyfl.gov/vendorlink/staff/evaluationdetaiIs.aspx?pid=25&st=f 12/17 2/22/2017 VendorLink i Evaluation Details Evaluator: Mike Bruk Comment: Majority of equipment and subcontractors not local. Evaluator: William Edwards Comment: $1B in bonding capacity. Thousands of subcontractors mentioned with several key sub in FL. Evaluator: Jeff Waters Comment: The proposal discusses the need to pay subcontractors more to retain a high quality of work and commitment for which I can agree with. The proposal does not list any self -loading equipment owned by the firm. The firm's regional office is located in FL. Evaluator: Ralph Terrero Comment: above average experience Criteria: Operational Plan - Approach Evaluator: Meloney Lung Comment: Pre -position prior to storm 12 hours or sooner after NTP -commence first -push operation 70 hours after a disaster, roadways open Provided illustration of typical site layout and inspection tower 12 hours shirts, 7 days a week Evaluator: Mike Bruk Comment: Good operational plan. Evaluator: William Edwards Comment: Very detailed operational plan with proprietary ADMS system approved by USACE. Evaluator: Jeff Waters Comment: Proposal discusses using an event manager for an entire affected area (e.g. Central FL) and a project manager for each contract. To me this seems like a good way to coordinate resource when managing multiple contracts. The firm utilizes an ADMS. Ops. plan discussing using multiple trucks (20- 40 CY) to load and haul. I believe this to be more efficient when the settings allow. Evaluator: Ralph Terrero Comment: above average operational plan • Criteria: Knowledge of FEMA Regulations and Procedures Evaluator: Meloney Lung Comment: Provided many examples of debris projects that involved FEMA and state Indicates compliance for -certificates for load carrying capacity, load tickets, daily reports, employee check-in forms, equipment check-in forms, and employee time cards Evaluator: Mike Bruk Comment: Moderate demonstration of FEMA reimbursement. Evaluator: William Edwards Comment: Good description of system in place to support FEMA reimbursement, as well as list of events https://pcdlink.semino]ecountyfl.gov/vendorlink/staff/evaluationdetaiIs.aspx?pid=25&st=f 13/17 2/22/2017 VendorLink i Evaluation Details and FEMA reimbursement amounts and rates. Evaluator: Jeff Waters Comment: The firm utilizes an ADMS. The proposal provided a list of successful FEMA reimbursement incidents. The proposal discussed the 2017 state threshold for FEMA reimbursement. Evaluator: Ralph Terrero Comment: good knowledge of FEMA rules and regs Respondent: TAG Grinding Services, Inc. • Criteria: Firm's Experience Evaluator: Mike Bruk Comment: Good amount of projects similar to the needs of Seminole County. Evaluator: Meloney Lung Comment: Incorporated in 1998 Provided example of response to debris removal projects licensed in 25 states including FL 35 full time employees Provided qualifications/experience of key personnel Evaluator: William Edwards Comment: In business since 1998 with many projects identified, several over 500,000 CY of debris. Numerous Florida agreements in place currently Evaluator: Ralph Terrero Comment: good experience Evaluator: Jeff Waters Comment: The firm has experience in FL. The firm has former United States Army Corp of Engineers on staff. • Criteria: Ability to Perform Evaluator: Mike Bruk Comment: Good amount of managing multiple contracts within the same disaster event. Evaluator: Meloney Lung Comment: Provided equipment list Maintains extensive list of subcontractors Provided recovery operations for Jasper County and the City of Jasper as well as managed three debris management sites in Harris County. Evaluator: William Edwards Comment: Numerous key personnel identified with over 10 years of experience and FEMA training. Over $150M in bonding capacity Dozens of subcontractors listed in southeast US Evaluator: Ralph Terrero Comment: Above average experience and ability to manage multiple contracts Evaluator: Jeff Waters https://pcdlink.sem i nolecountyfl.gov/vendorlink/staff/evaluationdetails.aspx?pid=25&st=f 14/17 2/22/2017 VendorLink I Evaluation Details Comment: The firm has an office in FL. The proposal did not list any self loading trucks. The proposal did not provide a list of subcontractors. • Criteria: Operational Plan - Approach Evaluator: Mike Bruk Comment: Very well written operational plan. Evaluator: Meloney Lung Comment: Identified areas of the county that may require special consideration Present prior to landfall, road clearance a priority (crews dispatched to hospitals, fire stations, police stations etc and major intersections. Prepared environmental plan Evaluator: William Edwards Comment: Good descriptions of Push, ROW procedures, DMS management and closeout. Evaluator: Ralph Terrero Comment: above average operational plan Evaluator: Jeff Waters Comment: The ops plan is good; however, the understanding of RCRA/CERCLA vs. HHW is not correct. The plan didn't incorporate FEMA safeguards, it stated that this is the responsibility of the monitoring firm. • Criteria: Knowledge of FEMA Regulations and Procedures Evaluator: Mike Bruk Comment: Very good knowledge of FEMA regulations and reimbursements. Evaluator: Meloney Lung Comment: Asked to SME for Sprint and Mobile Epiphany to develop management system. Provide proper invoicing through data management Evaluator: William Edwards Comment: Operational Plan discusses FEMA guidance and requirements Evaluator: Ralph Terrero Comment: good knowledge of FEMA rules and regs Evaluator: Jeff Waters Comment: The firm's staff has attended multiple FEMA trainings and the proposal displays a good understanding of the regulations. Respondent: TFR Enterprises, Inc. • Criteria: Firm's Experience Evaluator: Mike Bruk Comment: Majority of experience not in Florida. hftps://pcdlink.sem inolecountyfl.gov/vendorlinklstaff/eval uationdetails.aspx?pid=25&st=f 15/17 2/22/2017 Vendor Link I Evaluation Details Evaluator: Meloney Lung Comment: 26 years of experience related to contracting including land -clearing, stream and river clearing and diversion, tree removal, trimming and pruning on parks, golf courses and ROW, etc in addition to disaster response. Provided brief bio for key personnel Evaluator: William Edwards Comment: Over 26 years in disaster response. Over 150 FEMA debris removal projects. Evaluator: Ralph Terrero Comment: Good past performance of similar projects Evaluator: Jeff Waters Comment: The firm's experience includes FDOT contracts during Hurricane Matthew. Most of the other work is based in Texas. • Criteria: Ability to Perform Evaluator: Mike Bruk Comment: Majority of subcontractors not located in Florida. Evaluator: Meloney Lung Comment: 140 pieces of equipment Can set up and operate eight concurrent sites Has four contract on East coast of FL that may be impacted by a storm Evaluator: William Edwards Comment: Numerous staff having worked dozens of storm events with training by FEMA, DOT and USACE. $50M single project bonding capacity Identified several subcontractors and subcontractor -owned equipment. Evaluator: Ralph Terrero Comment: Good ability to perform and manage multiple contracts Evaluator: Jeff Waters Comment: The proposal provided minimal information on quality assurance. There is apparently only an office in Texas. • Criteria: Operational Plan - Approach Evaluator: Mike Bruk Comment: Good operational plan. Evaluator: Meloney Lung Comment: Mobilization, management, compliance, documentation, safety, etc. Provided illustration for site for debris Evaluator: William Edwards Comment: Provides nice overview of roles and responsibility of key personnel. Provides good description of ROW procedures, very detailed DMS management discussion. hftps:Hpcdlink.sem i nolecountyfl.gov/vendorli nk/staff/evaluationdetails.aspx?pid=25&st=f 16/17 2/22/2017 Vendorl-ink I Evaluation Details Evaluator: Ralph Terrero Comment: Average proposed methodology to complete assigned task Evaluator: Jeff Waters Comment: The proposal incorrectly listed C&D as Class I & III waste which made things confusing. • Criteria: Knowledge of FEMA Regulations and Procedures Evaluator: Mike Bruk Comment: Good knowledge of FEMA regulations and good reimbursement rate. Evaluator: Meloney Lung Comment: 150+ FEMA funded debris removal projects Provided process Have mobile command centers Evaluator: William Edwards Comment: Provides nice overview of experience getting FEMA reimbursement and January 2016 PAPPG discussion. Evaluator: Ralph Terrero Comment: good knowledge of FEMA rules and Regs Evaluator: Jeff Waters Comment: The proposal adequately discusses FEMA regulations. https://pcdlink.seminolecountyfl.gov/vendorlink/staff/evaluationdetaiIs.aspx?pid=25&st=f 17/17