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2017-09-25 Special Meeting222 �y.OF*OK' r g CITY OF OKEECHOBEE SEPTEMBER 25, 2017, SPECIAL CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 2 II AGENDA N COUNCIL ACTION - DISCUSSION - VOTE 11 CALL TO ORDER - Mayor September 25, 2017, City Council Special Meeting, 4:00 P.M. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Noel A. Chandler Council Member Monica M. Clark Council Member Mike O'Connor Council Member Gary Ritter City Attorney John R. Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea NEW BUSINESS A. Motion to approve an Inter -local Agreement with Okeechobee County for Debris Management and Removal Services related to Hurricane Irma - City Administrator (Exhibit 1). Mayor Watford called a Special City Council meeting to order on September 25, 2017, at 4:00 P.M. City Clerk Gamiotea called the roll: Present Present Absent (with consent) Present Absent (with consent) Absent (with consent) Present Present This Special Meeting was called by Mayor Watford in order to handle an urgent matter requiring City Council action prior to the next regular meeting scheduled for October 3, 2017. Exhibit one contained a 51 page copy of an Inter -local Agreement between the City and County regarding the contractual services and monitoring to remove a large amount of residential and commercial storm debris caused by rain and winds from Hurricane Irma on September 9 and 10, 2017. On October 22, 2015, the Okeechobee Board of County Commission (BOCC) entered into a pre -planning contract with CrowderGulf Joint Venture, Inc., to have an experienced, licensed contractor ready should their services be required; as well as a work authorization with Culpepper & Terpening, Inc., for storm debris monitoring services. Council Member O'Connor moved to approve an Inter -local Agreement with Okeechobee County for Debris Management and Removal Services related to Hurricane Irma; seconded by Council Member Chandler. The proposed Agreement was reviewed by the City and County Attorney's. The County will be reimbursed by the Federal Emergency Management Agency (FEMA). Should any amount not be reimbursed by FEMA, the BOCC will invoice the City based on a per ratio formula. The BOCC is considering this same Agreement at their September 26, 2017, meeting. 1 SEPTEMBER 25, 2017 - SPECIAL MEETING - PAGE 2 OF 2 223 r7 r II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II III. NEW BUSINESS CONTINUED A. Motion to approve an Inter -local Agreement with Okeechobee County for Debris Management and Removal Services related to Hurricane Irma continued. IV. ADJOURNMENT - Mayor Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: Lane Gamiotea, CMC,)City Clerk Dowling R. W tfor , Jr, Mayor Engineer Steph Mathis of Culpepper & Terpening, Inc., was present to address any questions or concerns regarding the procedures for the debris removal. The Council was advised that the contractor has already started collecting in the County. The loads are being taken to a vacant area of the County's Industrial Park and will be burned. An inspector will accompany the collection trucks to maintain monitoring and the process will be tracked by global position systems (GPS). The contractor will make two passes to ensure all debris is collected. During this time all citizens are reminded that they are to keep their household solid waste, which is collected by Waste Management, separate from their yard/storm debris. Should citizens have issues or need to make complaints a contact number will be provided on the City and County's website as well as other forms of publications and media. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — ABSENT O'CONNOR — YEA RITTER — ABSENT MOTION CARRIED. There being no further discussion, nor items on the agenda, Mayor Watford adjourned the special meeting at 4:16 P.M. Q-15- r7 M cn ut _ 4W Ma� SONNDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of r advertisement being a ML i��,�� in the matter of�"1 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of C."t. '� zu�� 1 -1 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this / - . ,: AD ..� day of --�::i �$�'_s a�.J�.;>`,z ��!. :?i / Notary Public, State of Florida at Large A ?o;:'p�°`•'e(¢.: ANGIEBRIDGE$ *; *: My COMMISSION # FF 976149 r �o EXPIRES: ApdI20 2020 Fob Fro".•° Bonded Thru N01Bry Pubk Underwriters OkeechobG ew 107 SW 17th tr t, S ne D, 1. Okeechobee, tfpprida 34974 863-76A, 3 1,,34 NOTICE OF SPECIAL MEETING BY THE CITY COUNCIL NOTICE I5 HEREBY GIVEN that the City Council for the City of Okeecho- bee will conduct a Special Meeting, on Mon.. on. Sep.,25, 2017 4 PM, or As soon thereafter as possible at City Hall, S5 SrE 3rd Ave, Rm f00, Okeecit- bee, Florida. The purpose of the mewing is confined to items pertaining to the Humlwne Irma deanup. An Inter -local Agreement with Okeechobee County for debris removal and a Work Authorization to the existing professional engineering & surveying services cantrad with Culpepper & Te pening, Inc. will be offered for consideradon. The public Is Invited and encouraged to attend. The agen- da may be obtained from ckyofokeechobee.com or by calling the Office of the City Administrator, 863-763-3372 ext 9812. ANY PERSON DECIDING TO APPEAL any decision made by the City Coundl wrch respell to any matter conslderis at this meeting will need to ensurea verbadmrecord of the proceeding Is made and the record Includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Ad (ADA),.any person with a disability as defined by the ADA, that needs special accommodation to par- dclpate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or Items to the Council In support or opposldon to any ftem on the agenda; a copy of the document, picture, video, or Item MUST be provided to the City Clerk for the City's records. X24D9 or ON 9/24/1017Watford, Jr. ` CITY OF OKEECHOBEE �.. 55 SE 3R° AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974 } SEPTEMBER25 2017 ' 91s SPECIAL CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 1 CALL TO ORDER - Mayor: September 25, 2017, City Council Special Meeting, 4:00 p.m. II. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Monica Clark Council Member Noel Chandler Council Member Mike O'Connor Council Member Gary Ritter Administrator Marcos Montes De Oca Attorney John R. Cook Clerk Lane Gamiotea III. NEW BUSINESS A. Motion to approve an Interlocal Agreement with Okeechobee County for Debris Management and Removal Services related to Hurricane Irma - City Administrator (Exhibit 1). IV. ADJOURN MEETING PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. City of Okeechobee, September 25, 2017 Meeting Minutes taken during the meeting by Lane Gamiotea CALL TO ORDER: Mayor Watford called the Special City Council Meeting to order on September 25, 2017, at 4:00 P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. II. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Present Council Member Noel Chandler Present Council Member Monica Clark Absent (with consent, unable to leave work) Council Member Mike O'Connor Present Council Member Gary Ritter Absent (with consent, out of town for work) City Attorney John R. Cook Absent (in court in Ft. Pierce) City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Ill. NEW BUSINESS - A. Motion to approve an Inter -local Agreement with Okeechobee County for Debris Management and Removal Services related to Hurricane Irma - City Administrator (Exhibit 7). Council Member O'Connor moved to approve an Inter -local Agreement with Okeechobee County for Debris Management and Removal Services related to Hurricane Irma; seconded by Council Member Chandler. Okeechobee experience rain and sustained winds from September 9 through 10, 2017, from Hurricane Irma, causing extensive damage to trees, shrubs bushes, and other vegetation as well as damage to residential and commercial buildings and other property improvements. This damage resulted in a large volume of debris, including vegetative, construction and demolition debris. Delay in removing the debris would be detrimental to the health, safety, and welfare of the citizens, in the best interest of the general public to remove it expeditiously and cost effectively as possible. County entered in a Contract with CrowderGulf Joint Venture, Inc., to remove debris, and a work authorization to the existing Culpepper and Terpening., Inc., contract for monitoring of debris removal. Reviewed by attorney's, County will reimbursed by FEMA, if they donot give reimbursement to the County, they will bill the City per ratio. Burrning at the County Industrial Park. This is on their agenda for tomorrow afternoon.. Watford feel confident as far as FEMA is concerned that this is reimbursable. MDO yes. Watford deadline for removal plan due, are we under any of those deadlines. MDO not that I know of. Watford, county has already started 5500 volume already, they have some priorities. Mike do they have an inspector come along to make sure all picked up. Steph Mathis with Culpepper and Terpening, debris monitoring, following FEMA guildelines, can GPS coordinate where debris has been picked up, weekly updates to MDO. Someone in the field with loader, truck driver to drop site, tracked digitally. Creasman asked about it, in his neighborhood did a lousy job, and got smart with them. Steph there's a number to contact to make a complaint. We will give number to the city. We also have to follow up on the complaints afterwards to be sure they are taken care of. One load in the city that was not supposed to have been there yet. Two passes done, getting the big stuff. Second pass later. If there's a complaint we need it sent in. Watford they'll make a 2nd pass so if there's more debris brought out. Steph, what's the address, Mike 18 SW Terrace Creaseman, will get it to MDO to give you. Noel what are they responsible for, will they rake? Steph, don't know, will get. MDO FEMA handout on the city FB page, will make more handout copies for city hall. Page 1 of 2 Trash not to be included, keep separate. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — ABSENT O'CONNOR — YEA RITTER — ABSENT MOTION CARRIED. IX. ADJOURNMENT - Mayor There being no further items on the agenda, Mayor Watford adjourned the meeting at 4.16 P.M. Page 2 of 2 Exhibit 1 Sept 25, 2017 INTERLOCAL AGREEMENT Special Meeting (Storm Debris - Hurricane Irma) THIS INTERLOCAL AGREEMENT (this "Agreement") is made and entered into by and between OKEECHOBEE COUNTY, FLORIDA, a political subdivision of the State of Florida, by and through its Board of County Commissioners (the "COUNTY"), and THE CITY OF OKEECHOBEE, FLORIDA, a Florida municipal corporation, by and through its City Council (the "CITY"), pursuant to the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Florida Statutes) effective the 26th day of September, 2017 (the "Effective Date"). WITNESSETH WHEREAS, the COUNTY and the CITY have the power to enter into agreements with other governmental agencies within or outside of their respective boundaries for joint performance, or the performance by one unit on behalf of the other, or any of either agency's authorized functions; and WHEREAS, the COUNTY and the CITY experienced rain and sustained winds from Saturday, September 9, 2017 through Sunday morning, September 10, 2017, from Hurricane Irma, causing extensive damage to trees, shrubs, bushes, and other vegetation within the COUNTY and the CITY, as well as damage to residential and commercial buildings and other property improvements; and WHEREAS, said hurricane damage has resulted in a large volume of debris, including vegetative debris and construction and demolition debris (hereinafter collectively referred to as "Storm Debris"); and WHEREAS, delay in removal of the Storm Debris would be detrimental to the health, safety, and welfare of the citizens of the COUNTY, the CITY, and the general public, and therefore it is in the best interests of the citizens of the COUNTY, the CITY, and the general public to have the Storm Debris removed as expeditiously and cost-effectively as possible; and WHEREAS, the COUNTY has entered into a Contract for Debris Management Services with CrowderGulf Joint Venture, Inc., for Storm Debris removal (hereinafter the "Debris Contractor") and a Work Authorization with Culpepper & Terpening, Inc., for Storm Debris Monitoring Services (hereinafter the "Monitoring Contractor"), copies of which are attached hereto as Exhibits "A" and "B", respectively and are incorporated herein by reference; and WHEREAS, the parties agree that the Debris Contractor and the Monitoring Contractor will perform services in all of Okeechobee County, including the CITY, based upon the terms and conditions of this Agreement. NOW THEREFORE in consideration of the premises, and in consideration of the mutual conditions, covenants, and obligations hereafter expressed, the parties agree as follows: 7000-332620. WPD SECTION I STORM DEBRIS REMOVAL SERVICES AND STORM DEBRIS MONITORING SERVICES Services; Term; Termination. a. Services. Upon the Effective Date of this Agreement, the COUNTY will administer and oversee the removal of Storm Debris within all of Okeechobee County, including the CITY, by the Debris Contractor and the Monitoring Contractor, as such services are described in Exhibits "A" and "B", as such contracts may, from time to time, be amended (the "Services"). The CITY agrees to accept the Services of the Debris Contractor and the Monitoring Contractor until the Services are completed and agrees to all terms and conditions of Exhibits "A" and "B", including but not limited to the Rate Schedules contained therein. It is agreed that the COUNTY will direct the Monitoring Contractor to verify which Storm Debris is delivered to the disposal site from the COUNTY versus from the CITY, to apportion the yardage of materials delivered from the CITY in proportion to that delivered from the COUNTY. b. Term. The Term of this Agreement shall remain in full force and effect until (a) the COUNTY and the CITY verify jointly that all Services for debris removal related to Hurricane Irma are substantially completed; or (b) as otherwise terminated under the terms of this Agreement. C. Termination. This Agreement may be terminated for any reason by either party upon not less than thirty (30) calendar days written notice to the other party; provided, however, that the CITY shall not be relieved from its obligations of this Agreement through the date of the actual termination, including payment in full by the CITY to the COUNTY for all Services performed to the day of such termination, to the extent not reimbursed by FEMA, in an amount pro -rated in accordance with the Services performed within the CITY. 2. Claim(s); Reimbursement: a. Claim(s). It is agreed and understood that at the time and date deemed appropriate by the COUNTY, claim(s) will be filed with FEMA for reimbursement for all allowable costs and fees incurred in the removal of Storm Debris, both in the COUNTY and in the CITY, including costs billed by the Debris Contractor and the Monitoring Contractor. The CITY shall, upon request by the COUNTY, provide to the COUNTY any information, documentation, or other record the COUNTY deems necessary to process the FEMA claim(s). b. Reimbursement. The CITY shall reimburse the COUNTY such costs and fees the COUNTY has paid, but which were not reimbursed by FEMA, regardless of the reason for FEMA's 7000-332620.WPD Page 2 of 5 denial of reimbursement. This reimbursement shall be limited in amount and expense to that proportionate or percentage share of costs of removal of Storm Debris, as verified by the Monitoring Contractor, for such Storm Debris removed from the CITY versus that of the COUNTY. Reimbursement shall be made within thirty (30) days from receipt of an invoice from the COUNTY. 3. Notices. All notices, consents, or other communications required, permitted or otherwise delivered under this Agreement, except correspondence and transmittals relating to specific development orders and permits, shall be in writing and shall be delivered either by hand with proof of delivery or certified mail, return receipt requested, postage prepaid, to the parties at the addresses indicated below: As to County: County Administrator Okeechobee County, Florida 304 NW 2nd Street, Room 123 Okeechobee, Florida 34972 As to City: City Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee, Florida 34972 Changes in the respective addresses of the parties may be made from time to time by either party by notice to the other party given by mail. Notices given in accordance with this section shall be deemed to have been given five (5) business days after the date of mailing; notices and consents given by any other means shall be deemed to have been given when received. 4. Public Records. Both parties shall comply with all provisions of the Florida Public Records Act. SECTION II MISCELLANEOUS 5. Recitals. The recitals stated above are true and correct, constitute a material inducement to the parties to enter into this Agreement, and are hereby ratified and made a part of this Agreement. 6. Entire Agreement. This Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. Any representations, statements, or negotiations made by the COUNTY staff or the CITY staff do not suffice to legally bind the COUNTY or the CITY in a contractual relationship unless they have been reduced to writing, authorized, and signed by the authorized COUNTY or CITY representatives. No modification, amendment, or alteration in the terms or conditions herein shall be effective unless contained in a written document executed by the governing bodies of the parties. 7000-332620.WPD Page 3 of 5 7. Severability. If any term or provision of this Agreement is held, to any extent, invalid, illegal, or unenforceable, such invalidity will not affect any other term or provision of this Agreement. The remainder of this Agreement will remain operable, enforceable, and in full force and effect. The parties hereto shall negotiate in good faith and agree as to such amendments, modifications, or supplements of or to this Agreement or such other appropriate actions as shall, to the maximum extent practicable, implement and give effect to the intentions of the parties as reflected herein. 8. Construction. Should any provision of this Agreement be subject to judicial interpretation, it is agreed that the court interpreting or considering such provision will not apply the presumption or rule of construction that the terms of this Agreement be more strictly construed against the party which itself or through its counsel or other agent prepared the same, as all parties hereto have participated in the preparation of the final form of this Agreement through review by their respective counsel and the negotiation of changes in language in any provision deemed unsuitable or inadequate as initially written, and, therefore, the application of such presumption or rule of construction would be inappropriate and contrary to the intent of the parties. All headings in this Agreement are for convenience only and are not to be used in any judicial construction or interpretation of this Agreement or any paragraph. 9. Relationship of the Parties. Except as set forth herein, nothing in this Agreement shall be deemed or construed to create the relationship of principal and agent or of partnership or of joint venture, nor to create any type of fiduciary responsibility or relationship of any kind whatsoever between the parties. 10. Attorneys' Fees. In the event of any litigation between the parties, the prevailing party shall be entitled to recover reasonable attorneys' fees and court costs at both the trial and appellate levels. 11. Immunity. Neither party makes any express or implied intent to waive, alter, or limit the immunity protection of Section 768.28, Florida Statutes. 12. Assignment. This Agreement, or any interest herein, may not be assigned, transferred, or otherwise encumbered, under any circumstances, by either party without the prior written consent of the other party. 13. Applicable Law; Venue. This Agreement shall be construed in accordance with the laws of the State of Florida. Okeechobee County, Florida shall be the venue of any proceedings regarding this Agreement, including enforcement and interpretation. 14. Recording. An executed copy of this Agreement shall be filed with the Clerk of the Circuit Court in Okeechobee County. 7000-332620.WPD Page 4 of 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. LO-A ATTEST: SHARON ROBERTSON, Clerk of the Circuit Court and Comptroller APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: LANE GAMIOTEA, CMC, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA TERRY W. BURROUGHS, CHAIRMAN (SEAL) CITY OF OKEECHOBEE, FLORIDA DOWLING R. WATFORD, JR., MAYOR (SEAL) 7000-332620.WPD Page 5 of 5 Contract for Debris Management Services THIS CONTRACT is made this the _22_day of October , 2015, by and between CrowderGulf Joint Venture, Inc. (herein referred to as "Contractor") and the County of Okeechobee a political subdivision of the State of Florida herein referred to as "Okeechobee County" or the "County". RECITALS WHEREAS, it is foreseen that it may be in the public interest to provide for the expedient removal of storm debris within the limits of Okeechobee County plus recovery Technical Assistance to the appointed and elected officials resulting from a natural or man-made event, - and WHEREAS, Okeechobee County has in the past suffered the full force and effects of major storms and the resulting destruction brought upon Okeechobee County by such storms or man- made disasters; and WHEREAS, the Public Health and Safety of all the citizens will be at serious risk; and WHEREAS, the immediate economic recovery of Okeechobee County and its citizens is a major concern and the primary priority for recovery; and WHEREAS, the availability of experienced prime storm debris contractors may be severely limited; and WHERAS, Contractor was the successful proposer to a Request for Proposals issued by Okeechobee County on July 15, 2015, soliciting disaster debris management pre -planning and debris removal services; and WHEREAS, Contractor has the experience, equipment, manpower, permits and licenses to perform all storm related debris services; and WHEREAS, Okeechobee County and the Contractor have agreed to the Scope of Services, prices, terms and conditions as set out in this Contract; and THEREFORE, in considerations acknowledged by both parties, said parties do agree to the following stipulations and conditions; agree that the foregoing are true and correct, constitute the material basis for this contract, are incorporated in this Contract. 1.0 SERVICES 1.1 Scope of Contracted Services: The Contractor shall provide all expertise, personnel, tools, materials, equipment, transportation, supervision and all other services and facilities of any nature necessary to execute, complete and deliver the timely removal and lawful disposal of all eligible storm -generated debris (herein referred to as "debris'), including hazardous and industrial waste materials and within the time specified in this Contract. Contractor shall provide, at its cost any permits required by any governmental agency. Emergency push, debris removal and demolition of structures EXHIBIT "A" will be limited to: 1) that which is determined to eliminate immediate threats to life, public health, and safety; 2) that which has been determined to eliminate immediate threats of significant damage to improved public or private property; and 3) that which is considered essential to ensure the economic recovery of the affected community to the benefit of the community at large. These contracted services shall provide for the cost effective and efficient removal and lawful disposal of debris accumulated on all public, residential and commercial properties, streets, roads, and other rights -of -way, including any other locally owned facility or site as may be directed by the Okeechobee County. Contracted services will only be performed when requested and as designated by Okeechobee County. The Contractor shall load and haul the debris from within the legal boundaries of the municipality to a site(s) specified by the Okeechobee County as set out in Section 4.7 of this Contract. 1.2 Emergency Push / Road Clearance: The Contractor shall accomplish the cuffing, tossing and/or pushing of debris from the primary transportation routes as identified by and directed by Okeechobee County. This operational aspect of the scope of contracted services shall be for the first 72 hours after an event and will be billed on a time and material basis. Once this task is accomplished, the following additional tasks will begin as required. 1.3 Right -of -Way (ROW) Removal: The Contractor shall remove all debris from the ROW of Okeechobee County when directed to do so by Okeechobee County. The Contractor shall use reasonable care not to damage any Okeechobee County or private property not already damaged by the storm event. Should any property be damaged due solely to negligence on the part of the Contractor, Okeechobee County may either bill the Contractor for the damages or withhold funds due to the Contractor in an amount not to exceed the dollar amount of compensatory damages that the landowner is able to prove. 1.4 Right -of -Entry (ROE) Removal (if implemented by the County): The Contractor will remove ROE debris from private property with due diligence, as directed by Okeechobee County. The Contractor also agrees to make reasonable efforts to save from destruction items that the property owners wish to save, (i.e., trees, small buildings, etc.). The Contractor will exercise caution when working around public utilities (i.e., gas, water, electric, etc.). Every effort will be made by the Okeechobee County to mark these utilities but Okeechobee County does not warrant that all will be located before debris removal begins, nor does the Contractor warrant that utility damages will not occur as a result of properly conducting the contracted services. 1.6 Demolition of Structures (if implemented by the County): The Contractor will remove structures designated for removal by and at the direction of the County. The Contractor agrees to remove in a timely manner all structures as determined by Okeechobee County as set out in Section 1.1 of this Contract. 1.6 Private Property Waivers: Okeechobee County will secure all necessary permissions, waivers and Right -of - Entry Agreements from property owners as prescribed by the Government for the removal of debris and/or demolition of structures from residential and/or commercial properties, as set out in Sections 1.4 and 1.5 above. N 1.7 Disaster Recovery Technical Assistance: The Contractor will provide Disaster Recovery Technical Assistance to elected and appointed officials within the County. This service shall include Debris Program Management Assistance. This is the concept of complete recovery management support where the Contractor would assist a local government applicant on all aspects of the recovery process. Contractor personnel cannot assume the sovereign duties and functions of Okeechobee County officials and therefore, these services shall be provided by the Contractor through a consulting firm acceptable to Okeechobee County and in the form of guidance and consultation. If we have to hire a consulting firm, then we will pass through the charges to the County. 2.0 PERFORMANCE OF SERVICES 2.1 Description of Service: The Contractor agrees to perform the contracted services in a professional and workmanlike manner and in compliance with all applicable laws, ordinances, rules, regulations and permits. Only the highest quality workmanship will be acceptable. Services, equipment and workmanship not conforming to the Contract documents or meeting the approval of Okeechobee County may be rejected. Replacements and/or rework, as required, will be accomplished at no additional cost to the County. 2.2 Cost of Services: The Contractor shall bear the costs of performing all contracted services hereunder, as directed by the County, including but not limited to that which is set out in Section 1.0, plus applicable permit and license fees and all maintenance costs required to maintain its vehicles and other equipment in a condition and manner adequate to accomplish and sustain all contracted services as set out in this Contract. 2.3 Matters Related to Performance: 2.3.1 Subcontractor(s): The Contractor may utilize the service of subcontractors and shall be responsible for the acts or omissions of its subcontractors to the same extent the Contractor is responsible for the acts and omissions of its employees. The Contractor shall ensure that all its subcontracts have and carry the same major provisions of this Contract and that the work of their subcontractors is subject to said provisions. Nothing contained in this Contract shall create any contractual relationship between any subcontractor and the County. The Contractor shall supply the names and addresses of subcontractors and materials suppliers when requested to do so by the County. 2.3.2 Indemnification: The Contractor agrees to indemnify, hold harmless and defend the Okeechobee County from and against any and all liabilities, suits, actions, legal proceedings, claims, demands, damages, costs and expenses (including attorney's fees) rising out of any act or omission of the Contractor, its agents, subcontractors or employees in the performance of this Contract, but excluding any damage, injury, or loss to person or property solely the result of the County negligent, reckless, or willful acts or omissions or those of its employees, agents, or other contractors or subcontractors. In no event shall Contractor's liability hereunder exceed the dollar amount paid or to be paid to Contractor for its services under this Contract. In the event that any claim in writing is asserted by a third party which may entitle Okeechobee County to indemnification, Okeechobee County shall give notice thereof to the Contractor which notice shall be accompanied by a copy of statement of the claim. Following the notice, the Contractor shall have the right, but not the obligation, to participate at its sole expense, in the defense, compromise or settlement of such claim with counsel of its choice. If the Contractor shall fail timely to defend, contest or otherwise protect against any suite, action or other proceeding arising from such claim, or in.the event Okeechobee County decides to participate in the proceeding or defense. Okeechobee County shall have the right to defend, contest or otherwise protect itself against same and be reimbursed for expenses and reasonable attorney's fees and, upon not less than ten (10) days notice to the Contractor, to make any reasonable compromise or settlement thereof. In connection with any claim as aforesaid, the parties hereto shall cooperate fully with each other and make available all pertinent information necessary or advisable for the defense, compromise or settlement of such claim. The indemnification provisions of this paragraph shall survive the termination of this Contract. Nothing herein shall be construed to extend the County's liability beyond that provided in section 768.28, Florida Statutes 2.3.3 Insurance(s): The Contractor agrees to keep the following Insurance in full force and effect during the term of this Contract. The Contractor must also name the County as additional insured and loss payee, while working within the boundaries of the County. 2.3.4 Worker's Compensation: ♦ Coverage per Okeechobee County requirements. 2.3.5 Automobile Liability: ♦ Coverage per Okeechobee County requirements. 2.3.6 Comprehensive General Liability: ♦ Coverage per Okeechobee County requirements. 2.3.7 Insurance Cancellation / Renewal: The Contractor will notify Okeechobee County at least thirty (30) days in advance of cancellation, non -renewal or adverse change to the required insurance. New certificates of insurance are to be provided to the Okeechobee County at least ten (10) days following coverage renewals or changes. 2.3.8 Said insurance coverages procured by Contractor as required herein shall be considered, and Contractor agrees that said insurance coverages it procures as required herein shall be considered, as primary insurance over and above any other insurance, or self-insurance, available to Okeechobee County shall be considered secondary to, or in excess of the insurance coverages (s) procured by the Contractor herein. 2.3.9 Nothing herein shall be construed to extend Okeechobee County's liability beyond that provided in section768.28, Florida Statutes. 4 3.0 STANDARDS OF PERFORMANCE 3.1 Contractor Representative: The Contractor shall have a knowledgeable and responsible Contractor Representative Report to Okeechobee County's designated Contract Representative within 24 hours following the activation of this contract. The Contractor Representative shall have the authority to implement all actions required to begin the performance of contracted services as set out in this Contract and the Contractor's General Operations Plan. 3.2 Mobilization: When the written Notice to Proceed has been received by the Contractor and/or the on -site Contractor Representative, he/she will make all necessary arrangements to mobilize a minimum of 50% of the required resources within 48 hours and 100% of the required resources within 96 hours to commence and conduct these contracted services. 3.3 Payment and Performance Bonds: Contractor shall provide payment and performance bonds 7 — 10 days following activation of contract. 3.4 Time to Complete: The Contractor shall complete all directed work as set out in Section 1.0 of this Contract within (number of days will be determined once extent of damage has been determined) working days and in accordance with Section 5.8 of this Contract. Once agreed upon, the time to complete shall be reduced to writing, signed by the parties and appended to this Contract. 5 3.5 Completion of Work: The Contractor shall be responsible for removal of all debris up to the point where remaining debris can only be described as storm litter and additional collection can only be accomplished by the use of hand labor. 3.5.1 Extensions (optional): In as much as this is a "time is of the essence" based Contract, the commencement of contracted services will be as set out in Section 3.2. If the completion of this Contract is delayed by actions of the Okeechobee County, then and in such event the time of completion of this Contract shall be extended for such additional time within which to complete the performance of the Contract as is required by such delay. This Contract may be extended by mutual consent of both Okeechobee County and the Contractor for reasons of additional time, additional services and/or additional areas of work. 3.6 Term of Contract: The tern of the Contract shall be for three 3 consecutive years beginning on the date of acceptance by and signatures of Okeechobee County and Contractor, whichever comes later. 3.7 Contract Renewal: This Contract may be renewed for an additional two (2) years after a written concurrence of both parties on any negotiated changes to the terms and specifications contained in this Contract. Section 7.0 of this Contract may be reviewed and amended on an annual basis, at which time amended unit costs may be submitted by the Contractor to Okeechobee County to reflect the current disaster recovery market value of all contracted services in this Contract. Such amendments shall become part of this Contract after both parties sign any such written amendment(s) as required by Section 8.3 of this Contract. 3.8 Contract Termination: This Contract shall terminate upon (six) 6 months written notice from either party and delivered to the other party, as set out in Section 8.1 of this Contract. 4.0 GENERAL RESPONSIBILITIES 4.1 Other Agreements: Okeechobee County may be required to enter into agreements with Federal and/or State agencies for disaster relief. The Contractor shall be bound by the terms and conditions of such agreements. Okeechobee County shall provide Contractor with copies of any such federal or state agreements within 7 days of the execution thereof. 4.2 Okeechobee County Obligations: Okeechobee County shall furnish all information and documents necessary for the commencement of contracted services, including but not limited to a valid written Notice to Proceed. A representative will be designated by Okeechobee County to be the primary point of contact for inspecting the work and answering any on site questions prior to and after activation of this Contract via a written Notice to Proceed. Okeechobee County is responsible for issuing all Public Service Announcements 0 (PSA) to advise citizens and agencies of the available debris services. The Contractor may assist the Okeechobee County with the development of debris - based PSA(s), if requested. 4.3 Conduct of Work: The Contractor shall be responsible for planning and conducting all operations in a satisfactory workmanlike manner. The Contractor shall exhibit respect for the citizens and their individual private properties. All operations shall be conducted under the review of an Okeechobee County Representative. The Contractor shall have and require strict compliance with a written Code of Ethics. The Contractor will supervise and/or direct all contracted services. The Contractor is solely responsible for the means, methods, techniques, safety program and procedures. The Contractor will employ and maintain on the work site a qualified supervisor who shall have full authority to act on behalf of the Contractor and all communications given to the supervisor by the County Authorized Representative shall be as binding as if given to the Contractor. 4.4 Damages: The Contractor shall be responsible for conducting operations in such a manner as to cause the minimum damage possible to existing public, private and commercial property and/or infrastructure. Contractor shall also be responsible for any property damages solely caused or the result of the negligence of its employees and subcontractors as set out in Sections 1.2 through 1.5 of this Contract. However, in no event shall the Contractor's liability hereunder exceed the dollar amount paid or to be paid to Contractor for its services under this Contract. 4.5 Other Contractor(s): The Contractor shall acknowledge the presence of other contractors involved in disaster response and recovery activities by the federal, state and local government and of any private utility, and shall not interfere with their work. 4.6 Ownership of Debris (optional): All debris, including regulated hazardous waste, shall become the property of the Contractor for removal and lawful disposal. The debris will consist of, but not limited to vegetative, construction and demolition, white goods and household solid waste. 4.7 Disposal of Debris: Unless otherwise directed by the County, the Contractor shall be responsible for determining and executing the method and manner for lawful disposal of all eligible debris, including regulated hazardous waste. The primary location of the reduction and disposal site(s) shall be determined by Okeechobee County and Contractor. Other sites may be utilized as directed and/or approved by the County. 4.8 Federal -Aid Requirements: The Contract provisions of the Federal Highway Administration's Form FHWA-1273 (Appendix C), titled "Required Contract Provisions — — Federal Aid Construction Contracts" and FEMA FACT SHEET 9580.214, "Debris Removal on Federal Aid Highways, shall apply to all work performed by the Contractor or any of its Subcontractors. 5.0 GENERAL TERMS AND CONDITIONS 5.1 Geographic Assignment: The geographic boundary for work by the Contractor's crews shall be as directed by Okeechobee County and will be limited to properties located within the Okeechobee County legal boundaries. 5.2 Multiple, Scheduled Passes (optional): The Contractor shall make scheduled passes at the direction of Okeechobee County and/or unscheduled passes of each area impacted by the storm event. Okeechobee County shall direct the interval timing of all passes. Sufficient time shall be permitted between subsequent passes to accommodate reasonable recovery and additional debris placement at the ROW by the citizens and the County. 5.3 Operation of Equipment: The Contractor shall operate all trucks, trailers and all other equipment in compliance with any/all applicable federal, state and local rules and regulations. Equipment shall be in good working condition. All loading equipment shall be operated from the road, street or ROW using buckets and/or boom and grapple devices to collect and load debris. No equipment shall be allowed behind the curb or outside of the public ROW unless otherwise directed by the County. Should operation of equipment be required outside of the public ROW, Okeechobee County will provide a Right -of - Entry Agreement, as set out in Section 1.6 of this Contract. 5.4 Certification of Load Carrying Capacity: The Contractor shall submit to Okeechobee County a certified report indicating the type of vehicle, make and model, license plate number and/or trailer VIN number, assigned debris hauling number and measured maximum volume, in cubic yards, of the load bed of each piece of equipment to be utilized to haul debris. The measured volume of each piece of equipment shall be calculated from the actual physical measurement performed by Okeechobee County and Contractor Representative(s). A standard measurement form certifying actual physical measurements of each piece of equipment shall be an attachment to the certified report(s) submitted to the County. 5.6 Vehicle Information: The maximum load capacity of each hauling vehicle will be rounded to the nearest whole cubic yard (CY). (Decimal values of. 1 through .4 will be rounded down and decimal values of .5 through .9 will be rounded up.) The measured maximum load capacity (as adjusted) of any vehicle load bed will be the same as shown on the trailer measurement form and painted on each numbered vehicle or piece of equipment used to haul debris. All vehicles or equipment used for hauling will have and use a Contractor approved tailgate, and sideboards will be limited to those that protect the load area of the trailer. 5.6 Security of Debris During Hauling: The Contractor shall be responsible for the security of debris on/in each vehicle or piece of equipment utilized to haul debris. Prior to leaving the loading site(s), the Contractor shall ensure that each load is secure and trimmed so that no debris extends horizontally beyond the bed of the equipment in any direction. All loose E debris shall be reasonably compacted and secured during transport. As required, the Contractor will survey the primary routes used by the Contractor and recover fallen or blown debris from the roadway(s). 5.7 Traffic Control: The Contractor shall mitigate impact on local traffic conditions to all extents possible. The Contractor is responsible for establishing and maintaining appropriate traffic control in accordance with the latest Manual of Uniform Traffic Control Devices. The Contractor shall provide sufficient signing, flagging and barricading to ensure the safety of vehicular and pedestrian traffic at all debris removal, reduction and/or disposal site(s). 5.8 Work Days/Hours: The Contractor may conduct debris removal operations from sunup to sundown, seven days per week. Any mechanical, debris reduction operations or burning operations may be conducted 24 hours a day, seven days per week. Adjustments to work days and/or work hours shall be as directed by Okeechobee County following consultation and notification to the Contractor. 5.9 Hazardous and Industrial Wastes: The Contractor shall set aside and reasonably protect all hazardous or industrial materials encountered during debris removal operations for collection and disposal in accordance with the Contractor's Hazardous and Industrial Materials Cleanup and Disposal Plan. The Contractor will build, operate and maintain a Hazardous Waste and Industrial Material Storage area until proper disposal of such waste is feasible. The Contractor may use the subcontracting services of a firm specializing in the management and disposal of such materials and waste, if/when directed by the County. 5.10 Stumps: All hazardous/eligible stumps identified by Okeechobee County will be pulled, loaded, transported, stored, reduced and disposed in accordance with the standards of this Contract. All stumps will be documented, invoiced and paid in accordance with Stump Conversion Table — Diameter to Volume Capacity. (FEMA DAP 9523.11 Attachment 2) 5.11 Utilizing Local Resources: The Contractor shall, to the extent possible, give priority to utilizing resources within the County. Debris Contract local preferences will include, but not limited to, procurement of services, supplies and equipment, plus awarding service subcontracts and employment to the local work force. 5.12 Work Safety: The Contractor shall provide and enforce a safe work environment as prescribed in the Occupational Safety and Health Act of 1970, as amended. The Contractor will provide such safety equipment, training and supervision as may be required by Okeechobee County and/or Government. The Contractor shall ensure that its subcontracts contain a similar safety provision. E 5.13 Inspection and Testing: All debris shall be subject to adequate ins public authority in accordance with ge compliance with the Contract and appl Okeechobee County will, at all times, ha areas. In addition, authorized representati be permitted to inspect all work, materials, documentation. pection by Okeechobee County or any nerally accepted standards to ensure icable federal, state and local laws. ve access to all work sites and disposal ves and agents of the Government shall invoices and other relevant records and 5.14 Other Agencies: The term "Government" as used in this Contract refers to those governmental agencies, which may have a regulatory or funding interest in this Contract. 6.0 REPORTS, CERTIFICATIONS and DOCUMENTATION 6.1 Accountable Debris Load Forms: Okeechobee County may accept the serialized copy of the Contractor's debris reporting ticket(s) with the consultation and approval of the Okeechobee County Solid Waste Coordinator or his designee, as the certified, original source documents to account for the measurement and accumulation of the volume of debris delivered and processed at the reduction and/or disposal site(s). The serialized ticketing system will also be used in the event of additional debris handling for volume reduction and/or the possible requirement for a debris transfer station(s). These tickets shall be used as the basis of any electronic generated billing and/or report(s). 6.2 Reports: The Contractor shall submit periodic, written reports to Okeechobee County as requested or required, detailing the progress of debris removal and disposal. These reports may include, but not limited to: 6.2.1 Daily Reports: The daily reports may detail the location where passes for debris removal were conducted, the quantity of debris (by type) removed and disposed and the total number of personnel crews engaged in debris management operations and the number of grinders, chippers and mulching machines in operation. The Contractor will also report damages to private property caused by the debris operation or damage claims made by citizens and such other information as may be required to completely describe the daily conduct of the Contractor's operations. 6.2.2 Weekly Summaries: A summary of all information contained in the daily reports as set out in Section 6.2.1 of this Contract or in a format required by the County. 6.2.3 Report(s) Delivery: The scheduling, point of delivery and receiving personnel for the debris operations report(s) will be directed by Okeechobee County in consultation with the Contractor. 10 6.2.4 Final Project Closeout: Upon final inspection and/or closeout of the project by the County, the Contractor shall prepare and submit a detailed description of all debris management activities to include, but not limited to the total volume, by type of debris hauled, reduced and/or disposed, plus the total cost of the project invoiced to the County. If requested, any other additional information as may be necessary to adequately document the conduct of the debris management operations for Okeechobee County and/or Government. 6.3 Additional Supporting Documentation: The Contractor shall submit sufficient reports and/or documentation for debris loading, hauling, disposal, and load capacity measurements as may reasonably be required by Okeechobee County and/or Government to support requests for debris project reimbursement from external funding sources. 6.4 Report Maintenance: Contractor will be subject to audit by federal, state and local agencies pursuant to this Contract. The Contractor will maintain all reports, records, debris reporting tickets and contract correspondence for a period of not less than three (3) years. 6.5 Contract File Maintenance: The Contractor will maintain this Contract and the invoices that are generated for the contracted services for a period of five (5) years or the period of standard record retention of the County, whichever is longer. 7.0 UNIT PRICES and PAYMENTS 7.1 See enclosed RFP Fee Schedule — Attachment 9 7.2 Billing Cycle: The Contractor shall invoice Okeechobee County on a 30 day basis reflecting the close of business on the last working day of the billing period. Serialized debris reporting tickets and disposal site verification of the actual cubic yardage for each load of debris or itemized stumps will support all invoices. 7.3 Payment Responsibility: Okeechobee County agrees to accept the Contractor's invoice(s) and supporting documentation as set out in Section 6.3 of this Contract and process said invoices for payment within 15 business days of the receipt thereof. Okeechobee County will advise the Contractor within five (5) working days of receiving any debris service invoice that requires additional information for approval to process for payment. 7.4 Ineligible Work: The Contractor will not be paid for the removal, transportation, storage, reduction and/or disposal of any material or stumps as may be determined by Okeechobee County or the state of Florida Division of Emergency Management (FDEM) or the Federal Emergency Management (FEMA) as ineligible debris. 11 7.4.1 Eligibility Inspections: The Contractor and Okeechobee County will inspect each load to verify the contents are in accordance with the accepted definition of eligible debris, as set out in Section 1.1 of this Contract. 7.4.2 Eligibility Determinations: If any load is determined to contain material that does not conform to the definition of eligible debris, the load will be ordered to be deposited at another landfill or receiving facility and no payment will be allowed for that load and the Contractor will not invoice Okeechobee County for such loads. 7.5 Unit Price/Service Negotiations: Unknown and/or unforeseen events or conditions may require an adjustment to the stated unit prices in Section 7 of this Contract. Any amendments, extensions or changes to the scope of contracted services or unit prices are subject to full negotiation(s) between Okeechobee County and the Contractor and subject to the review of the Government and must comply with Section 8.3 of this Contract. 7.6 Specialized Services: The Contractor may invoice Okeechobee County for costs incurred to mobilize and demobilize specialized equipment required to perform services in addition to those specified under Section 1.0 of this Contract. Additional specialized services will only be performed if/when directed by the County. The rate for specialized mobilization and demobilization shall be fair and reasonable as determined by the County/. 8.0 MISCELLANEOUS 8.1 Notice: Whenever in this Contract it is necessary to give notice or demand by either party to the other, such notice or demand shall be given in writing and forwarded by certified or registered mail and addressed as follows: Contractor: CrowderGulf Joint Venture, Inc. 5435 Business Parkway Theodore, AL 36582 800-992-6207 jramsay@crowdergulf.com City/County/Town: Okeechobee County, Board of County Commissioners Attention: County Administrator Address 304 NW 2"d St. Room 123 Okeechobee, FL 34972 Phone 863-763-6441 Email rchartier()co.okeechobee.fl.us 8.2 Applicable Law: The laws of the State of Florida shall govern this Contract. Any and all legal action necessary to enforce the Contract will be held in Okeechobee County, Florida, and the Contract shall be interpreted by the laws of Florida. 12 8.3 Entire ContractlAmendments: This Contract (including any schedules or exhibits attached hereto) constitutes the entire Contract and understanding between the parties with respect to the matters contained herein. The Contractor recognizes that any representations, statements or negations made by the County staff do not suffice to legally bind Okeechobee County in a contractual relationship unless they have been reduced to writing authorized, and signed by the authorized Okeechobee County representatives. This Contract supersedes any prior contracts, negotiations, proposals, agreements and/or understandings, whether verbal or written, relating to the subject matter hereof. This Contract may be modified, amended or extended only by a written instrument executed by both parties. 8.4 Waiver: In the event one of the parties waives a default by the other, such a waiver shall not be construed or deemed to be a continuing waiver of any subsequent breach or default of the other provisions of this Contract, by either party. 8.5 Severability: If any provision of this Contract is deemed or becomes invalid, illegal or unenforceable under the applicable laws or regulations of any jurisdiction, such provision will be deemed amended to the extent necessary to conform to applicable laws or regulations. If it cannot be so amended without materially altering the intention of the parties, it will be stricken and the remainder of this Contract will remain in full force and effect. 8.6 Personal nature of Agreement: The Contractor hereby warrants that it has the necessary technical expertise and training to perform its duties as outlined in this Agreement. The parties acknowledge that Okeechobee County places great reliance and emphasis upon the knowledge, expertise and personal abilities of the Contractor. Accordingly, this Agreement is personal and the Contractor shall not assign or delegate any rights or duties hereunder without the specific written consent of Okeechobee County. In the event the Contractor requires the services of any subcontractor or professional associate in connection with the work to be performed under this Agreement, the Contractor shall obtain the written approval of the County Project Manager prior to engaging such subcontractor or professional associate. 8.7. Independent contractor: 8.7.1. It is specifically agreed that the Contractor is deemed to be an independent contractor and not a servant, employee, joint adventurer or partner of Okeechobee County. It is further agreed that no agent, employee, or servant of the Contractor shall be deemed to be the agent, employee, or servant of Okeechobee County. None of the benefits, if any, provided by Okeechobee County to its employees, including but not limited to, compensation insurance and unemployment insurance, are available from Okeechobee County to the employees, agents, or servants of the Contractor. The Contractor will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, and subcontractors during the performance of this Contract. Although the Contractor is an independent contractor, the work contemplated herein must meet the approval of Okeechobee County and shall be subject to Okeechobee County's general right of inspection to secure the satisfactory completion thereof. The Contractor agrees to comply with all Federal, State and municipal laws, rules and regulations that are now or may in the future become 13 applicable to the Contractor, the Contractor's business, equipment, or personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. Okeechobee County will not be held responsible for the collection of or the payment of taxes or contributions of any nature on behalf of the Contractor. 8.7.2. The Contractor shall bear all losses resulting to it on account of the amount or character of the work, or because of bad weather, or because of errors or omissions in its contract price. 8.7.3. The Contractor agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control Act of 1986, of all persons it employs in the performance of this Agreement. 8.8. Public records. i. The Contractor is a "Contractor" as defined by Section 119.0701(1) (a), Florida Statutes, and shall comply with the public records provisions of Section 119.0701(2), Florida Statutes. ii. "Public records" is defined in Section 119.011(12), Florida Statutes, and includes all documents, papers, letters, photographs, data processing software, or other material, regardless of the physical form, made or received in connection with this Agreement. iii. Should the Contractor assert any exemptions to the requirements of Chapter 119 and related law, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Contractor. iv. The Contractor consents to Okeechobee County's enforcement of the Contractor's Chapter 119 requirements, by all legal means, including, but not limited to, a mandatory injunction, whereupon the Contractor shall pay all court costs and reasonable attorney's fees incurred by Okeechobee County. v. Failure by the Contractor to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by Okeechobee County. 8.9. Discrimination. The Contractor shall assure that no person shall be excluded, on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under, this Agreement the Contractor shall take all measures necessary to effectuate these assurances. 14 IN WITNESS WHEREOF, the Contractor has caused this Contract to be signed in its corporate name by its authorized representative and Okeechobee County has caused this Contract to be signed in its legal name by persons authorized to execute said Contract as of the day and year first written above on page one. CrowderGulf Joint Venture, Inc. Jq Ramsay x Title;:.President ATTEST: Board of County Commissioners Okeechobee County, Florida By:---- 'Frrran k Irby (�J Title: Chair, Okeechobee Board of County Commissioners ATTEST: /.7 Wesley N.ai Sharon Robertson, Clerk ( Board of County Commissioners, Okeechobee County Florida 15 Attachment I: rRawv� �G F 8. Pri ci na 16 2015 CrowderGulf Pricing for N€ 6obee County, FL RFP # 2-015-13 Unit Rate Prue Schedule I. Right -of -Way (,ROW) clearing and/or removing debris from the public right-of-way, streets and enacts 1.1 Load and Haul vegetative debris to a Mbris Management Site (DMS): $ 7,00 per cubic yard for 0-5 miles, one-way haul $ 7,25 per cubic yard for 5,1-10 miles, one-way haul $ 7.50 per cubic yard for 10,1-15 miles, one way haul $ 7•9.0 per cubic yard for 15.I-30 miles, one way haul 1.2 Load and haul Ccnstruction and Demolition (C&D) and mixed debris to a Debris Management Site (DMS): $ 7.00 per cubic yard: for 0-5 miles, one-way haul $ 7.25 per cubic yard for 5.1-10 miles, one-way haul 7.50 per cubic yarn for 10,1-15 miles, one way haul S_ 7•�0 _ per cubic yard for 15.1-3U miles, ont way haul 1..3 Load and Haul +C&D and Mixed Debris directly to final disposal: $ 8•00 per cubic yard for 0-30 miles, one-way haul $ 8.7 per cubic yard for 30.1-60 rniles, one-way haul S 9,50 per cubic yard for 60.1-90 miles, one way haul $ 1 LW per cubic yard for 90.1 miles or greater, one way haul 2. Management rand operation of DMS to accept, process, and reduce disaster related debris 2,1 Cost associated with managing, accepting, processing, and reducing vegetative debris through grinding: $ 7_75 per cubic yard 2.2 Cost associated with managing, accepting, processing, and reducing vegetative debris through burning: $ 2.00 per cubic }yard 17 2.3 Cost associated with managing, accepting, prom"itig,.and reducing construction and demolition debris through compaction: $ _ 1.70 per cubic yard 2.4 Haul out residual debris to final disposal $ 2.70 per cubic yard for 0-15 miles, one -wain haul $ 4.40 per cubic yarn for 15.1-30 inilds, doie'wAy heiil $ 4.94 per cubic yard Cor 30.1-60 miles, one-way haul I Right-of-TuVay (ROW) stumps: Removal and Disposal of hazardaus stumps from the ROW 24" diameter and pup, but Icss than 36" diameter: $ 140,00 each 34" diameter and up, but less than 49" diameter_ $ 240.00 each 48" diameter .and up, but less than 72" diameter: $ 400.00 each Equal to or greater than 72" diameter: $ 500.00 each Removal of non -hazardous slumps from the ROW placed by cabers. (as per FirLm /F}i.WA Stwnp Codvetsion Table)' 14.00 cubic yard 4. Right -of -Way (ROW) cutting partially uprooted or split trees (Loaners). Fallaag partially uprooted or split trees f"roin the ROW or the overhanging portion of the ROW and placing the debris in the ROW for removal as ROW debris 4.1 Partially uprooted leaner (prim is inclusive of excavating the root ball and placing it in the ROW) * Less than 24`": $ 110.00 per tree * 24 — 36": 5 1:50,00 per tree # Greater dean 36": $ 240.00 per tree * Diameter of tree at 2 feet from vase 5. Right -of -Way (ROW) removal of dangerous banging iimbs (Hangers). Removing hanging or partially broken limbs from trees in the ROW or limbs hanging Over the ROW and placing the debris in the ROW for removal as ROW debris $ 75,0Q -- per tree 6. Private Property Debris Removal (PPDR). In 6,1 Load and Haul vegetative debris to a Debris Management Site (DM5)- $ 7.50 per tubic yard for 0-5 miles, -onc-way liatll $ 7,75 per cubic yard for 5.1-10 miles, one-way haul $ 8,00 PCT cubic yard for 10,1-15 miles, ono way haul $ 8.50 per cubic yard for 15,1-30 miles, one way haul 6.2 Load and haul Construction and Dernalition (C&D) debris to a DMS $ 7,50 per cubic yard for 0-5 miles, one-way haul $ 7.75 per cubic yard for 5.1-10 miles, one-way haul $ 8.00 per cubic yard for 10,1-IS mules, one way haul $ 8.50 _ per cubic yard for IS. 1 --10 rn ices, one way haul $ 9.25 per cubic yard for 30,1-60 m i les, one way haul 6.3 Load and haul C&D directly to final disposal $ 7.50 per cubic yard for 0.30 miles, one-way haul S 8.00 per cubic yard for 30.1-S0 males, one-way haul $ 8.54 per cubic yard for 60.1-90 miles, une way haul S q,5O per cubic yard for 90.1 chiles or ,greater, one way haul 6A The cost associated with the removal of PPDR hazardous stumps will be invoiced utilizing the following categories: U" diameter and up, but less than 36" diamctcr. $ 175.00 each 36" diameter and up, but less than 48" diameter: $ 250.00 each 48" diameter and up, but less than 72" diameter: $ 350.00 each Equal to or gricater than 72" diameter: $ 500.00 each Upr+ootod or Split Trees (leaners) $ _ in-0O each 6.5 Falling partially uprooted or split trees from private property or the overhanging portion of the private property and placing the debris on the property or the (ROW) debris for haul off as PPDR debris: *Less thati 24"', $ 75,0O ___ per tree 19 *24" — 36'; $ 120.00 per tree * Greater thm 36': $ 175.00 per tree * Diameter of tree at 2 feet from base 6.6 Remmaval of dangerous banging limbs (Hangers.) Removing hanging or partially broken limbs hum trees in ROE or limbs hanging over the ROE and placing the debris on the private property or in the ROW for haul- off as PPDR debris. $ 75.00 per tree 7. Drainage ditches silt and debris removal: Ditch width 0 - 4.0 feet: Ditch %,,gdth 4.1 — 8,0 feet: Ditch width 8.1-=12,0 feet. Ditch width 12.1 — 16,0 feet; 3 per linear foot S.t10 per iincar foot $ 6,00 per linear foot. $ 7.00 per Einexr Foot Ditch width 16-1 — 20.0 feet: $ g,00 per linear foot Bitch width 20.1 1'cet or greater; $ 9.0D per I inear foot Debris to be placed on the ROW for collection as regular debris. Silt to be hauled and disposed of at $ 940 per cubic yard S. Cleaning and clearing of storm drain lia£s: Drain Line Diameter 0 15.0 inches: $ 6.00 per linear %rot Drain Linc Diameter 15,01 - 36 inches. S 12.00 per linear foot Debris to be placed on the ROW for collection as regular debris. Silt to be hauled and disposed of at S. 9.00 per cubic yard 9. Cleaning and clearing orcatch basins and inlets: 4' X 4': $ 60.OD each 8' X 8': $ 100.00 each 20 10, X 10': S 200.00 each 20' X 220': $ 400.00 each 10. Sand collection (Public Prcapertyj and screening rate $ 9.00 per cubic yard for 0-15 miles,. one-way hauling MW per cubic; yard for 15.1-30 miles, one-way hauling. $ 11.00 per cubic yard for M1-b0 miles, one-way hauling 11. Bn&fill Supply ajad placement of clean till dirt into holes created by stump removal it) the R{)W- $ 12.00 pareubic yard 12. Removal and destruction of carcass 0150 per pound 13. L(mding and hauling of tiwhite goods S 30.000 per unit 14. Removal €tnt) disposal of Freon S 30,00 leer unit 15. Demolition of City -owned structulres 15.1 SIMO(ure dcmoNtion with construction and c[ernolition debris loaded at the designated v,ork zone and hauled to an approved commercial landliil, StecCes ital Proposer shall disconnect and asp the sever and water line and coordinatc all required disconnect-5 b>> private Utility companies. Search safely accessible structures, including garages and detached outbuildings, and remove all white goods, e-Nvastc and household hazardous waste for IOW collection- Does not include renmoya3l of concrete slabs. S 12.00 _ _ per cubic yard for 0-30 miles, one-way haul $ 13.00 per cubic yard for 30.1.60 miles, onerv;ay haul 14,00 per cubic yard for 60.1-90 miles, one way haul $ 15.0a per cubic }yard for 90.1 miles or Greater, one way haul 15.2 Structure demoddon iNifli RAClvf construction and demolition debris loaded at the designated work zone and harked to an approved Type 1.111 landfill. Successful Proposer shall disconnect and cap the sewer and water line and coordinate all required disconnects by private utilitycompanies, Sraarch safe]), accessible 21 structures, including garages and detached outbuildings, and remove all white goods, e-uasto and household hazardous waste for BONA collection. Does not include rem -oval of concrete slabs. S 16.00 per cubic yard for 0-30 miles, one-way haul $ 17.00 per curie yard for 30.1.60 miles, once -way haul w 18,0 leer Cable yard for 60, I m90 3niles, one way haul $ 19.00 per cubic yard for 90. l miles or greater, one way haul 16. Concrete removal 16,1 Successful Prop oscr to load and haul broken concrete from the ROW and dispose at a City approved site: S 1.0.00 _per cubic yard for 0-30 miles, one-way haul $ 11.00 _i__ per cubic yard for 30,1-60 miles, one-way haul $ 12.00 per cubic yard for 60.1-00 miles, one way haul $ 15.00 per cubic yard for 901 miles or greater, one way haul 16.2 Successful Proposer to demolish concrete slabs and haul and dispose at a City approved site: $ 11.00 per cubic yqkrd for 0-30 miles, one-way haul $ 12.00 _ per cubic yard for 30.1-60 miles, anc-way haul $ 14.00 Per cubic yard for 60.1-90 males, one sway haul $ 16,00 __ per cubic yard for 90.1 miles or greater, one way haul 17. Creosote timber piling removal and disposal 0 - 30 miles, one-way hauling: 30,1 - 60 miles, one-way hauling: 60.1-90 aniles, ore -way hauling: S 12,00 per cubic yard $ 14.00 _,. _ per cubic yard $ is.()o per cubic yard 40 .miles or grMer, one-way hauling: $ 16.00 per cubic yard 18. E-Waste Successful Proposer to collect from ROW And dispose at a City approved site: S 40-00 per unit 19. Housebold hazatxlous waste 22 Successful Proposer to collect from ROW and dispose at a City approved site: $ SM par pound 20. Tire rcjn(;val Tirc Removal and Disposal or Recycle $ _ 6.00 each 211. Power sources A) 20k v Generator. $ 1187 per month ! $ 1,170 per wwk { $ 17011 _ per day, B) 56kw Generator, $ 4,930 per montl] 1 S 1,702 per week ! $ per day } 1OOktiv Cienotator: $ 6,147 per month / $ 2,102 per week. / $ per day D) l 75kw Generator; $ 0,662 per month / $ 2, 74o per week- / S 39 i per day E) 240kw Generator. $ 10,125 per month l �3.75e per week ! S 535 per day E) 320kw Generator: $ 11,350 per month / $ 4JOS ,per week ! $ U6 per daY U) 500kw 0en(wstor; $ 19-Wo per month ! $ 6,500 per week / $ 928 per day F) 10OOkw Generator,, $ 51,000 per month ! S 12,925 per week / b 1,846 per day 22. Stadium style light tower $ 1,043 per month / $ 537 per week Shipping, setting, operation, maintenance, fueling; invranc -, soc-urity and recovery of generators .and lights ihall be invoiced at actual cast plus 10 % mark up. 23. National Incident Management System (NfMS) trataing {l _ per person r per year 25. Assistance in development of debris management plat $ 2,000 per year 23 26. Entergeocy Road Clearance Fn��inrti,ant Tyr2egnacrrintinn Unit Unit Prue (S J 1•Ir►LO Bmim - Mcchanizcd 1-luwr 45,00 BmIet Truck -.50 ft. Hour 18100 Bucket Truck - 50 ft. to 75 ft, flour $ � ��•�� Chipper Nv/ 2 man cre,+' (Morbark Storm) i-laur s S0M Crone R Up to 15 tun L Hour $ 50•00 Crane - 30 tar, or larg-tr l![rur $ 16D.00 Crane - 50 tun Hfluz S 225.00 Eauinment Tvve/Dese4DHon limit Unit Fries ft 1 floor) • Cramc - 10 0 tort Doacr - CAT E 4 Houf 'S 300,00 - Hour 70.00 Dint' - CAT D6 Hour $ 125.00 Dozer - CAT D7 �Hour S 140.00 Dozer - CAT DS Hour S 160.00__._. Durnp Trailer w) Tractor, 0 to 40 CY Hour $ 100.00 Dump '1 eal1rr wi TrActor, 41 to 50 CY flour S 100,00 t Dump Trailer W Tractor, 5 t to 60 CY - How S 110-00 Dunip Tmck - 16-30 CY Hour S 65.00 --- Dump Truck -31.60 CY - Haue S 90.00 - Dump Truck - 61-100 CY Hoitr � 12C4.aC) Damp Truck -'Trailer :24-40 CY 1lv�ar S: ?S.{70 D )p Trur k - Trailer 41-6f) Cy Hour 5 Dump Track - Trailer 50-90 CY - Hour S 110.00 fiyuipment'i'rans rtc Excavator-'('rackhOC (2-3 CY cap+..r^.1t3 ) Excavalor -CAT 320 Hou[ S 90.00 Hour $ 110.00 ffu41 S 110.00 Excavator -CAT 325 Hour S 130.00 Excavator - CAT 330 Hour S 160.00 - Excavator - Rubber Tired we Debris Grapplc H+)ur 120,00 Forklift -Extends Boars AW Dcbris Grapple Horn y 75.00 Eue.1 Truck (1000 gallon) Jiour 5 70.00 [.light Plant - Portable Hour S 01 9UWPMentType/ Description Unk UnItPricefs i KOVA Loader - Rabat 7,� or ID 6�$=E tiv' C�:bris Grapple l3s�ue � 7O,Qt� Luadcr- Avbbcr?'ired Front End (2.5 CY canecity) Hour 11Q•01} Loader - Front End, 544 or equal %vl Debris Qrapplc Hour S 120.00 Loader - Knuckle Bwrn -216 Pr -entice Hour $ 1Q0A0 Loader - Self, Knucklep4rru Trunk, 2,5-3i CY Body Hour N©ur _ lO.OQ - - 1; _ 120.00 Loader - Self, Krimile Boom Tru4k, ��=�f5 C'eT l3Qdy Loader- Shed Star-753 Bobcat ►vf Bucket Loader- Steer- 753 B6ca-i Skid wi' Street Sweeper Load& - `I'reckhpe 690 JD or equal Hour 60.00 Kt►trr $ £5.00 Harr S 110.00 L,oadcr - %Yhcc1, GAT 9 5 S Loader -Wfiiel, CAT 966 Hour $ 1217.OQ Flour Low Bed ftipment Trailer,1$ ton cep -fifty Tractor Hour $ 110,00 Motor Orader - CAT 125.1140 HP Hour $ 95.00 Pmenoer Cu Pinssenpr Vain Htsur S - 12.00 Ht+ur S 15-00 Powcr Screen Haar $ 130.00 - - - Swrip Grinder/ Vermeef252 Hour $ €0.00 TTnpkhoc -CAT 320 Hoar S 120.00 ractor Box Blade I I°Iour S 50.00 ree Trirruidng Truck w,r ChipQer enducict _ Hraur 113(}.00 -- Tub Gwider -12 R. I Morbt rk 1200 - Hour - _400,00 Tub Gr'tnde-t -13 11.1Morbuk 1300 Hour $ �50. Tub Grinder -14 fl.1Dimond Z 1463 i-i w S 500,00 Tub OTWcr-3{](I`-400 "Our - --- 100 ---- 'Tub Grinder— Hkim, Djamc� nd Z Or equrl :Hour ---- p 51�i,o0 F Authorized Sign#=�y 25 Attachment 2 D bd 95b3. 1 1 FEMA :•t:no s�' DISASTER ASSISTANCE POUC Y 1'111J": Hazardous Stump Extraction and Removal Eligibility 11. DATE: MAY 15 2W7 HL PURPOSE: Fstabtish criteria used to reimburse applicants for removing eligible hazardous stumps from public or, where authorized, private property. Irv. fsC0Pr AN-D A1;F)IFKC'E: `fhe policy is applicable to all major disasters and emergencies declared on or after the date of publication, It is intended for all personnel involved in the administration and execution of the Public Assistance Program, including applicants. V, AUT110RITY: Sections 403 and 407 of the Robert 1, Stafford Disaster ReM and Emergency Assistance Act, 42 U.S.C. 5121-5206, as amended. ' I. BACKGROUND: Public Assistance regulations authorize reimbursement for the removal of debris froth public and private land when it is in the public interest. Such removal is in the public interest when it is necessary to: eliminate immediate threats to life, public heal th and safety, or eliminate immediate threats of significant damage to improved public or private property, or to ensure economic recovery of the affected community to the benefit of the community at large_ Trees that are uprooted during a disaster event such that all or part of their roots are exposed may pose an immediate threat to public health and safety. %-'II_ POLICY° A. When a disaster event uproots a tree or stump (i.e., 50% or more of root ball. is exposed) on a public right-of-way, improved public property or improved property owned by certain private nonprofit organizations, and the exposed soot ball poses an immediate threat to life, public health and safety, FEMA may provide supplemental assistance to remove, transport, dispose, and provide fill for the root cavity of m eligible uprooted tree or stump_ The Federal Emergency Management Agency (FEMA) will reimburse applicants reasonable costs for this type of work only when uprooted stumps are more than 24 inches in diameter (measured two feet from the ground), with the consensus of the Applicant and the State, and is approved in 26 advance by FENIA, using the attached Hazardous Stump 6Vorksheet. 1. If it is necessary to remove an uprooted slump before it can be inspected by FENIA because it poses a threat that must be dealt with immediately, the applicant must submit documentation, to FFMA including photograpbs, that establishes its location on public property, Specifics oil the threat, stump diameter measured tsvo feet up the bvnk from the ground, quantity of material to fill the hale, and an_y special circumstances, 2 FEMA will reimburse applicants for extraction, tralnaport aEnd disposal of stumps with a diameter of 24 inches or smaller at the unit cost rate for regular vegetative debris, using the attached Stump Conversion Table, as such stumps do not require special equipment, 3. FEMA will reimburse applicants at the unit cost rate (usually cubic yards) for normal debris removal for all stumps, regardless of size, placed on the rights; -of -way by others (i.e., contractors did not extract them from public property or property of eligible Private Non Profit organization). In such instances, applicants do not incur additional cost to remove these stumps because the same. egtdpznent that is used to pickup "regular" debris can be used to pick-up these stumps. 4. If an applicant incurs additional costs in picking up large sttunps (over 24 inches in diameter) from rights -of -way, it should complete the Hazardous Stump Worksheet and present documentation to FEMA in advance for consideration. 5. Stumps with less than 50 % of their root ball exposed should be cut flush at grOUnd level and the cut portion included with regular vegetative debris. 6. Straightening or bracing; of trees Is eligible for relinbursement if it is lass costly than removal and disposaL Applicant must provide a cost analysis showing cast effectiveness. V Ill. ORIGINATING t FFICI': Disaster Assistance Directorate (Public Assistance Division) Il. ;;i FEU,'.S'ESSION; This poltcysupersedes Recovery Policy Number 9523.11,Hazard Stump Removal and Extraction Eligibility dated May 6, 2006. X. KE 4'iF W 1?A t l , TI-trce years from the dAof publication. �c'.!'1C[�S?ll'Yiltt Y Acting Assistant Administrator Disaster Assistance Directorate MA Stamp Conversion Table Diameter to Volume Capacity The 4gmM&.= mof tha rribir yzes of debris fares& size of smmip in the foMmW table w^s droved f m EESI i field congaed thrcu#aw the State ofFInni t dtdg 11e debris re amal operat ws following Hhaxa Les Chuleg, Fmc2s Ir- sad Spa11A• The following f-13 is n ed m derhe rabic p:uds f{Stffip3fiamtts'' x 0 7 ied) s Stump I eurthl + fatoot Ball Diameter, s 6 71<Si7 x Boot $aH SeirLd 46656 03854 is onefmth Xand is a cm sta.,r 4d656 isusedto cmen cuhdciuto cubic yards and is a roust mt The fim-41 usaito c&kulate the cmbr }m-dap used the following factors, basedr>poaimdms m ffM fiv2'x1_ • Sct=pdLTntetETMaEM envfeet tip frarngramd • Snnmar &Mmeterw snot ball diameter ratio of 13.6 • S.naebaIllre�raf3Ir Shmp Diameter Debris Volume Stump Diameter Debris Volume (inches) (Cubic Yards) Unei es) (Cubic Yards) 6 0.3 46 152 7 0.4 47 15.8 8 0.5 48 16.5 9 0.6 49 172 10 0.7 50 17.9 11 0.9 51 18.6 12 1 52 19A 13 12 53 20.1 14 IA 54 20.9 15 1.0 55 21.7 16 1.8 50 225 17 2.1 57 23.3 18 2.3 58 24.1 19 2.0 59 24.9 20 2.9 60 25.8 21 32 81 26.7 22 3.5 tl2 27.8 23 3.8 63 28A 24 4.1 64 29A 25 4.5 B5 30.3 28 4_8 60 312 27 52 67 322 28 5.0 68 33.1 29 6 69 34.1 30 5.5 70 35_ 1 31 6.2 71 36.1 32 7.3 72 37 2 33 7.8 73 382 34 8.3 74 39.2 35 8.9 73 40.3 36 9.3 76 41_4 37 9.B 77 42.5 38 10.3 78 43.6 39 10.9 79 44.7 40 1 1.5 80 45.9 41 12 81 47 42 12.6 82 482 43 13.3 83 49A 44 13.9 84 50.6 45 14.5 M Culpepper & Terpening, Inc. - Emergency Debris Monitoring Services EMERGENCY AMENDMENT TO MASTER AGREEMENT AND WORK AUTHORIZATION t THIS EMERGENCY AMENDMENT TO MASTER AGREEMENT AND WORK AUTHORIZATION (hereinafter this "Amendment and Work Authorization") is made and entered into this CIL day of September, 2017, by and between OKEECHOBEE COUNTY, a political subdivision of the State of Florida, hereinafter the "COUNTY" and CULPEPPER & TERPENING , INC., a Florida corporation, hereinafter "CONSULTANT". WITNESSETH WHEREAS, the COUNTY is a political subdivision of the State of Florida, having a responsibility to provide certain services to benefit the citizens of Okeechobee County; and WHEREAS, the COUNTY has the full power and authority to enter into the transactions contemplated by this Amendment and Work Authorization; and WHEREAS, CONSULTANT is in the business of engineering and related services in Okeechobee County and elsewhere in the State of Florida; and WHEREAS, Okeechobee County experienced rain and sustained winds from Saturday, September 9, 2017 through Sunday morning, September 10, 2017, from Hurricane Irma, causing extensive damage to trees, shrubs, bushes, and other vegetation within Okeechobee County, as well as damage to residential and commercial buildings and other property improvements; and WHEREAS, said hurricane damage has resulted in a large volume of debris, including vegetative debris and construction and demolition debris (hereinafter collectively referred to as "Storm Debris"); and WHEREAS, portions of the Storm Debris are piled upon or near road rights -of -way, causing hazardous conditions upon the COUNTY's roadways; and WHEREAS, portions of the Storm Debris are located upon private property, and it is anticipated that the Storm Debris will attract vermin and other pests and should therefore be promptly removed; and WHEREAS, the Board of County Commissioners has declared a state of local emergency for all of Okeechobee County; and WHEREAS, for reasons including, but not limited to the foregoing, the Storm Debris constitutes an emergency; and WHEREAS, any delay in removal of the Storm Debris would be detrimental to the health, safety, and or welfare of the citizens of Okeechobee County and the general public, and therefore it is in the best interests of the citizens of Okeechobee County and the general public to have the Storm Debris removed as soon as possible; and 7073-331978. WPD EXHIBIT "B" Culpepper & Terpening. Inc. - Emergency Debris Monitoring Services WHEREAS, the COUNTY has retained, or will retain, one or more contractors for removal of the Storm Debris (hereinafter the "Debris Contractor"); and WHEREAS, the COUNTY wishes to retain an engineering firm to provide monitoring services for removal of Storm Debris within Okeechobee County; and WHEREAS, the COUNTY and CONSULTANT entered into a Master Agreement for Professional Services dated the 9th day of March, 2015, (hereinafter the "Master Agreement"), which was entered into in accordance with the provisions of Section 287.055, Florida Statutes; and WHEREAS, a rate schedule for services to be performed by CONSULTANT is attached as Exhibit "A" to the Master Agreement; and WHEREAS, said rate schedule did not include the rates of the categories of personnel that would be required to perform monitoring services for storm debris removal, and accordingly, the parties desire to amend the Master Agreement to include a Supplementary Rate Schedule applicable to monitoring services for storm debris removal; and WHEREAS, CONSULTANT is competent and has sufficient manpower, training, and technical expertise to perform the services contemplated by this Amendment and Work Authorization in a timely and professional manner consistent with the standards of the industry in which CONSULTANT operates; and WHEREAS, CONSULTANT agrees to provide monitoring services for Storm Debris removal, as more particularly detailed by this Amendment and Work Authorization. NOW THEREFORE in consideration of the premises, and in consideration of the mutual conditions, covenants, and obligations hereafter expressed, the parties agree as follows: Amendment: a. The Master Agreement is hereby amended to include the Supplementary Rate Schedule attached hereto as Exhibit "A" and incorporated herein by reference. b. The Master Agreement is hereby amended to add the following language, pursuant to Chapter 119, Florida Statutes: IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, ROBBIE L. CHARTIER, COUNTY ADMINISTRATOR, AT 863-763-64419 EXT 1; publicrecords@co.okeechobee.f7.us; MAILING ADDRESS: 304 NW 2nd Street, ROOM 123, OKEECHOBEE, FL 34972. 7073-33I978.WPD Page 2 of 4 Culpepper & Terpenin& Inc. - Emergency Debris Monitoring Services 2. Scope of Services of Work Authorization: CONSULTANT shall be responsible for providing and shall provide the services described in the Scope of Services, which is attached hereto as Exhibit "B" and incorporated herein by reference. Any conflict between the terms and conditions in the Master Agreement and the tenns and conditions set forth in Exhibit "B" to this Amendment and Work Authorization shall be resolved in favor of the body of the Master Agreement. 3. Pa ent: In consideration of the performance of the Scope of Services, the COUNTY agrees to pay CONSULTANT for all work actually performed, at the rate or basis described in Exhibit "A" to this Amendment and Work Authorization, but in no event shall the Payment exceed $25,000.00. The COUNTY reserves the right to ratably withhold amounts in the event of the nonperformance of all or part of CONSULTANT's obligations. The CONSULTANT shall, without additional compensation, correct and revise any errors, omissions or other deficiencies in its work product, services, or materials arising from the error or omission or negligent act of CONSULTANT. 4. Time for Completion: CONSULTANT will supply the Scope of Services within forty-five (45) calendar days from receipt of a Notice to Proceed. 5. Project Manager: The COUNTY's Project Manager for this Amendment and Work Authorization is Russell Rowland, Assistant to County Administrator/Special Projects. CONSULTANT's Project Manager for this Amendment and Work Authorization is Stefan K. Matthes, P.E. 5. Master Agreement: This Amendment and Work Authorization shall be subject to the terms, conditions, and provisions of the Master Agreement. 6. Other: (Remainder of page intentionally blank) 7073-331978.WPD Page 3 of 4 Culpepper d Terpening. Inc. - Emergency Debris Ma7ilaring Services r� Signature of it ss '�aPrinted ame itness Date executed by COUNTY: �1 J Signature of Witness / 10 Cn by eVd—. Printed Name of Witness OKEECHOBEE COUNTY, a political subdivision of the State of Florida ROBBIE L. CI-IARTIER, COUNTY ADMINISTRATOR CULPEPPER & TERPENING, INC. By: ✓� i L :� SHERRY T. TFRPFNINb as its Pre • ent and Authorized Agent ATTES STEFA .,mkm ES, Secretary Date executed by CONSULTANT: 7073-331978.WI'O Page 4 of 4 (CORPORATE SEAL) EXHIBIT "A" CULPEPPER & TERPENING SUPPLEMENTARY RATE SCHEDULE The total amount to be paid by the COUNTY to CONSULTANT for Storm Debris removal monitoring services will be in accordance with actual hours service is performed at the following rates as described below. Item # Description Hourly Rate 1 Project Manager/ Liaison Officer (1) $110.00 2 Lead Monitors (2) $60.00 3 Site Monitors (2) $49.50 4 Field Monitors (14) $49.50 5 Supervising Monitor $65.00 6 Loading Site Monitors (30) $49.50 7 Clerical/Administrative Supervisor (1) $50.00 8 Clerical Staff/Data Entry Clerk (1-3) $40.00 9 Management Site Monitor $50.00 10 Roving Monitor $49.50 11 Debris Management Contractor $120.00 12 Public Information Monitors $40.00 13 Administrative Staff $40.00 14 Aerial Photo Package (one flight and one photograph) $200.00 15 Photograph Copies (per duplication of original photo) $25.00 16 Additional Photographs (per photo, same flight, same location, different view) $50.00 17 Additional Location (one photo, same flight, different location) $200.00 7073-331935.WPD Page -i- A. Billable hours shall be for time during which work is performed and shall not include travel time to or from Okeechobee County. Travel time between locations within Okeechobee County as billable time is acceptable. B. CONSULTANT shall not be paid additional compensation for any loss, and/or damage arising out of the nature of the work, from the action of the elements, or from any delay or unforeseen obstruction or difficulties encountered in the prosecution of the work, or for any expenses incurred by or in consequence of the suspension or discontinuance of the work. C. No payment for projects involving improvements to real property shall be due until CONSULTANT delivers to the COUNTY a complete release of all claims arising out of the Contract or receipts in full in lieu thereof. 7073-331935.WPD Page -ii- EXHIBIT "B" CULPEPPER & TERPENING SCOPE OF SERVICES CONSULTANT will perform services necessary and proper to monitor and document the removal of Storm Debris in Okeechobee County, by one or more Debris Contractors selected by the COUNTY. CONSULTANT's Scope of Services shall include, but not be limited to, the following: 1. EMERGENCY MONITORING REQUIREMENTS 1.1 Subcontract The COUNTY may, at its discretion, limit the number of subcontractors working under the prime or sub -prime Debris Contractor at its sole discretion to ensure safety and quality of work provided. 1.2 Electronic Load Tickets and Automated Reporting, The COUNTY is requiring the use of electronic load tickets and automated reporting from CONSULTANT. The debris management system shall provide real-time tracking and reporting. Electronic load tickets, computer tablets, and systems employing electronic contractor ID cards for instant data tracking, verification, and reporting. Systems shall incorporate truck tracking systems, GPS capability, and enhanced analytical capabilities of debris monitoring data. 1.3 Monitoring Services Monitoring shall be done in compliance with the guidelines as described in the most current FEMA 325, 327 and FEMA 329 publications. Those monitoring efforts shall include, but not be limited to: 1.3.1 Provide field inspectors at designated check points to check and verify information on Storm Debris removal and at the debris management site(s) located or developed throughout Okeechobee County or the region if necessary as approved by the COUNTY. 1.3.2 Provide technical and permitting assistance associated with the need to locate additional debris management sites when requested by the COUNTY. 1.3.3 Provide assistance with scheduling, dispatching and logistical operations of the field inspectors assigned to work areas of Storm Debris clean up. This work will include: 1.3.3.1 Acquiring, hiring, training, deploying, and supervising properly equipped inspectors. 7073-331934.WPD Page -i- 1.3.3.2 Ensuring recycling of substitute refrigerants according to EPA regulations is followed. 1.3.3.3 Establishing the schedule for inspectors for each day. 1.3.3.4 Monitoring and recording the volumetric measurement (cubic yards) or gross empty weight of each truck that is added into service. 1.3.3.5 Ensuring that all equipment is in good working order, sufficient and suitable for debris collection. 1.3.3.6 All Debris Contractor and Subcontractor trucks shall have valid registrations, insurance, and meet basic operational criteria: tailgates or equivalent containment devices, tarps, etc., as well as all applicable motor vehicle safety requirements. Drivers shall possess valid Commercial driver's licenses (CDL). 1.3.3.7 Truck body dimensions shall be measured, and information recorded on certification forms with calculated capacity noted. Each truck will receive at least one placard, which shall be affixed to the side of the truck/trailer body. The placard will be legible for monitors at the pickup location and the debris monitoring site. The truck driver may be provided up to two (2) copies of the certification sheet for the Debris Contractor and subcontractor's records. 1.3.3.8 Keeping records of the Debris Contractor's hauler's trucks, to include cubic yardage, or loaded weight, time in and time out, number of loads per day and other data as requested by designated COUNTY staff. 1.3.3.9 Determining truck assignments and providing the necessary vehicle decals or placards for ease of identification and tracking. 1.3.3.1 OCoordinating with COUNTY personnel to respond to problems in the field, to include residential or commercial property damage claims in the process of Storm Debris removal. Coordinate with COUNTY staff and the Debris Contractor to establish a telephone claim reporting system with a local or toll free telephone number and provide staff for the professional management of receiving telephone complaints or damage claims, and investigate and assist in documentation of property damage claims. 1.3.3.11Conducting end of day duties, such as verifying all trucks have left the disposal site, addressing daily safety reports and corrective action recommendations, and locking down the facility. 7073-331934.WPD Page -ii- 1.3.3.12 Surveying the affected areas for special situations or emergent needs, to include, but not limited to, identifying tree stumps and the management of root balls and associated cavities, hazardous trees, construction and demolition debris, or other potentially hazardous situations. Coordinate with the Debris Contractor to keep a list of these locations, track and coordinate the appropriate dispatch of equipment, and make daily reports to the COUNTY on any post event remedial action. 1.3.3.13 Record on a map the streets where debris was collected. 1.3.3.14 Perform other duties as directed by the designated COUNTY personnel including, but not limited to: 1.3.3.14.1 Collect baseline data, per local, State, and Federal requirements, from the designated emergency debris management sites prior to opening of these sites. 1.3.3.14.2 Assist the COUNTY in obtaining necessary local, State, and Federal permits for the designated emergency debris management sites. 1.3.3.14.3 Conduct ongoing environmental data collection per local, State, and Federal requirements for the designated emergency debris management sites. 1.3.3.14.4 Employ or maintain on the work site(s) a qualified accessible supervisor(s) or liaison officer as directed. At least one (1) accessible and designated supervisor in the area of operation and the liaison officer shall have full authority to act on behalf of the CONSULTANT and its subcontractors and all communications given to the supervisor or liaison officer in writing by the COUNTY's authorized representative shall be as binding as if given to the CONSULTANT. 1.3.3.14.5 Review and validate Debris Contractor(s)' invoices prior to submission to the COUNTY for processing. 1.3.3.14.6 Identify locations available to the CONSULTANT for monitoring activities, in the event the COUNTY cannot provide facilities for a management center. 7073-331934.WPD Page -iii- 1.3.3.14.7 Maintain and update a log of damages reported, damage corrections, and releases for work by either the property owner or the COUNTY. 1.3.3.14.8 Maintain and update a log of the tickets inventoried, issued and/or voided. 1.3.3.14.9 Maintain and update tower logs of ticket information. 1.3.3.14.10 Maintain and update map books issued by the COUNTY, marking work complete with date and daily log of activities. 1.3.3.14.11 Maintain and update a log of ineligible debris piles. 1.3.3.14.12 Clear all partial and final release of liens. 1.3.3.14.13 Assist in developing debris zone progress reports for uploading to the COUNTY's web site and distribution to local media outlets for the purpose of providing information to the community on the status and progress of the COUNTY's debris collection operations. 1.3.6 Coordinate all accounting issues in regards to invoicing and billing with the COUNTY's Finance Department. 2. ADMINISTRATIVE SERVICES RELATED TO ELIGIBLE REIMBURSEMENT COSTS 2.1 CONSULTANT shall provide technical, clerical, and information technology assistance to the COUNTY in completing any and all forms necessary for reimbursement from State or Federal agencies. This may include, but is not limited to, the timely completion and submittal of reimbursement requests, preparation and submittal of any and all necessary cost substantiations, and preparing replies to any and all agency requests, inquiries, or potential denials. In addition, the CONSULTANT shall: 2.1.1 Differentiate and segregate disaster related costs eligible for reimbursement between the FEMA Public Assistance (PA) Program, the Federal Highway Administration Emergency Relief (ER) Program, the Natural Resource Conservation Service Emergency Watershed Program and/or any other applicable State or Federal programs in which the COUNTY may qualify for reimbursement. 7073-33I934.WPD Page -iv- 2.1.2 Differentiate and segregate disaster related costs eligible for reimbursement into the appropriate category of work (e.g., Category A, B, C, etc.) for each applicable State or Federal reimbursement program. 2.1.3 Differentiate and segregate structures and facilities between eligible and not eligible for reimbursement based on legal responsibility of COUNTY as outlined in COUNTY ordinances, Contracts, and bid specifications. Assist COUNTY in accurately identifying location of damages on or to facilities or structures using latitude, longitude, GPS coordinates or other approved system of identification as may be required under the various State or Federal reimbursement programs. 2.1.4 Reconcile daily activity reports to summary of daily activity reports to ensure all daily activity reports have been provided and accounted for. Sort all daily activity reports as either eligible or ineligible duties performed. Assist in developing reimbursement requests for force account labor costs where only eligible work is identified on the daily activity reports. 2.1.5 Utilize standardized documentation content checklists by category of work (e.g., Category A, B, C, etc.) to list and itemize standard documents required to demonstrate eligibility for reimbursement under each category of work, as well as to itemize documents specific to each reimbursement request file. Checklists shall allow for inclusion of document name, identifying characteristics of the document (e.g., invoice number, invoice date), cost associated with each document, the date the document has been added as well as the name of the individual verifying the documentation has been added to the reimbursement request file. 2.1.6 Assist COUNTY in developing the justification for eligible requests for hazard mitigation funding, where appropriate. Delineate eligible costs between like -kind repairs and replacements and upgrade costs resulting from hazard mitigation where construction codes, standards, specifications, or ordinances may not require the increased project scope and resulting upgrade costs. 2.1.7 Assist COUNTY in developing eligible requests for reimbursement for repair or replacement of COUNTY owned property or structures in accordance with applicable construction codes, standards, specifications, and ordinances. Assist in identifying and obtaining pertinent construction codes, standards, specifications, and ordinances to be included in the reimbursement request file. 2.1.8 Reconcile list of documents in each eligible reimbursement request file on documentation content checklist to the physical documents in each file and to the cost total for each reimbursement request file to ensure amount of requested reimbursement matches supporting documentation. Reconciliation of each reimbursement request must be performed prior to turnover of the file to the 7073-331934.WPD Page -v- representative(s) of the appropriate State or Federal reimbursement program. 2.1.9 Create and maintain a cost summary list for all reimbursement request files under each applicable State or Federal reimbursement program. List should contain information including, but not limited to, total COUNTY expenditures per project, eligible reimbursement cost request, eligible administrative cost reimbursement request and total eligible project/reimbursement request. 2.1.10 Perform reconciliation of changes in supporting details or cost amounts for each reimbursement request file identified on the cost summary list as circumstances require. 2.1.11 Scan and upload digital copies of all disaster related records to COUNTY designated web site. Ensure all digital files are able to be opened and not corrupted after uploading. Perform reconciliation of paper records in each paper reimbursement request file to upload digital records on web site to ensure completeness and accuracy of both digital and paper files. 2.1.12 Assist COUNTY in developing, compiling, and indexing photographic evidence of damages or repairs to facilities or structures and help choreograph the need to make said repairs or perform emergency protective measures. 2.1.13 Be cognizant of instructions on any State or Federal reimbursement request forms that require information to be input in a format inconsistent with the overarching policies of the State or Federal reimbursement program. Obtain written direction from appropriate State or Federal representative(s) on how to complete the forms in a manner that is consistent with overarching program policies before proceeding. 2.1.14 Assist COUNTY in compiling direct and indirect administrative costs for all COUNTY personnel involved in the reimbursement request process. Ensure all eligible administrative costs up to and including closeout are captured and appropriately documented in each request for reimbursement. 2.1.15 Be responsive and address issues requested to be resolved by authorized COUNTY personnel without prompting continuous follow-up. Maintain a checklist of outstanding issues and provide periodic status updates to appropriate COUNTY personnel. 3. CONSULTANT'S STAFFING REQUIREMENTS 3.1 Personnel The CONSULTANT shall secure at its own expense, all necessary personnel required to perform 7073-331934.WPD Page -vi- the services under the Work Authorization. Such personnel shall not be employees of or have any contractual relationship with the COUNTY. Staff shall be familiar with the locations of the COUNTY's roadways, bridges, and storm water infrastructure. The CONSULTANT must be familiar with and have personnel trained in the Incident Command System (ICS) and the National Incident Management System (NIMS). This requirement is in keeping with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents. The CONSULTANT shall attend required meetings at no expense to the COUNTY. The following describes the CONSULTANT's responsibility for one (1) debris management site, which will be in operation from dawn to dusk, seven (7) days per week, unless directed differently. 3.1.1 Project Manager/Liaison Officer: to be the COUNTY's primary point of contact and responsible for all of the CONSULTANT's personnel. 3.1.2 Lead Monitors: Set-up and man the Staging Area Command and Coordination Center. Train the Site and Field Monitors and track their performance. Assign Field Monitors to contract haulers. Assign Field Monitors and contract haulers to collection grids. Track the daily collection on a County -wide grid map. Coordinate the daily collection operation with the contract haulers site superintendent. Track the daily count of Field Monitors necessary to meet the contract haulers demands. Track the daily count of contract haulers trucks, trailers and loading equipment. Provide daily collection status reports to the Project Coordinator on request. Fill in as Site Monitor if needed. Record and inspect any property damage that may occur during the debris removal operation. 3.1.3 Site Monitors: Trained to evaluate and certify that each load of debris represents the actual size of the load by percentage of total rated capacity. Two (2) trained inspectors shall rate each load before it can be off-loaded at the debris management site. One (1) inspector is representing the COUNTY, the other is representing the Debris Contractor. Both Site, Monitors must agree on the percentage of load and sign off on the load ticket for the cubic yard quantity. 3.1.4 Field Monitors: Trained to follow each contract hauler, as debris is collected through -out the COUNTY. The Monitor must witness and certify by street address that the hauler collected storm debris from public roadways only. The Monitor must certify that the debris piles are not mixed (vegetation or construction & demolition debris) before loading. The Monitor is assigned to hauler( s) and given a certain grid in the COUNTY to collect either vegetation or construction & demolition debris. The Monitor must assure that all targeted debris is removed by the contract hauler during each pass before the contract hauler may move to a new area. The Monitor must record the time, location and sign the contract haulers load ticket before the load can be delivered to the collection site for processing. The Monitor is responsible for 7073-331934.WPD Page -vii- reporting any unsafe or unauthorized collection practices to the Site Monitors. 3.1.5 Supervising Monitors: The functions of the Supervising Monitors shall be the following: 3.1.5.1 Verify that only eligible debris is being removed from designated public rights -of -way and public property within assigned debris pickup zones. 3.1.5.2 Verify adequate photographic documentation of hazardous trees. 3.1.5.3 Coordinate activities between Monitors. 3.1.5.4 Provide breaks to Monitors. 3.1.5.5 Coordinate, research, and make recommendations on damage claims to the COUNTY Project Manager. 3.1.5.6 Maintain positive public relations in regard to individual complaints. 3.1.5.7 Compile and complete necessary reports. 3.1.5.8 Investigate and resolve complaints of residents within the limits of the Contract. 3.1.5.9 Coordinate daily with the Debris Contractor's hauler(s). 3.1.5.10 Coordinate daily operations of Monitors. 3.1.6 Loading Site Monitors: The primary functions of the Loading Site Monitors are to complete and issue debris load tickets for eligible debris cleared and removed at locations designated by the EOC, and to verify that only eligible debris is being removed from designated eligible sites within assigned debris pickup zones in Okeechobee. 3.1.7 Management Site Monitors: The primary function of the Management Site Monitors is to complete the load ticket and estimate volumes that have been transported to the debris management site for processing, storage, and disposal. Management Site Monitors shall also verify that all trucks leaving the Management Site have completely emptied all debris from the trucks. 7073-33I934.WPD Page -viii- 3.1.8 Roving Monitors: The function of the Roving Monitors is to verify that only eligible debris is being removed from eligible property within assigned debris pickup zones in Okeechobee County. The Roving Monitors shall also photographically document hazardous trees (leaners and hangers). 3.1.9 Debris Management Contractor: The CONSULTANT shall provide, if necessary and requested by the COUNTY, the services of an experienced professional contractor to assist the COUNTY in the operations and coordination of activities at the EOC. The qualified individual must have direct debris monitoring experience including the management of debris removal operations, the oversight of Debris Management sites, debris recycling, and disposal. The Debris Management Contractor shall report to the COUNTY Project Manager. The COUNTY Project Manager will issue a task order to mobilize the Debris Management Contractor. 3.1.10 Call Center/Public Information Monitors: The CONSULTANTs staff shall handle telephone hotline inquiries on a 24/7 basis until the final debris pass has been completed and all issues requiring the continued operation of the debris hotline have been addressed to the satisfaction of the COUNTY. A daily report, and a weekly summary, will be given to the COUNTY Project Manager at a daily morning meeting of all key personnel. Staff shall include a minimum of two (2) people that will remain to manage and complete reports for at least six (6) months after the event, for purposes of compliance with FEMA and other State and Federal reporting requirements. The CONSULTANT shall provide first class customer service using telephones, email and internet and social media to effectively manage public information needs. 3.2 Employment Requirements - All Supervising Monitors, Loading Site Monitors, Management Site Monitors, and Roving Monitors must be a minimum of eighteen (18) years of age, have a valid driver's license issued in the United States, and be prepared to work a minimum of a twelve to fourteen (12-14) hour shifts, seven (7) days per week. The following is a list of qualifications: 3.2.1 Must have experience in at least one of the following: • Entry level Contractor • Solid waste site operations • Construction Inspector • Land clearing operations • Entry level surveyor • Solid waste collections • Previous similar monitoring or inspection experience 3.2.2 Must be capable of working in an outside, frequently harsh, environment and be able 7073-331934.WPD Page -ix- to climb a staircase ladder of ten (10) feet high. 3.2.3 Must be trained in debris monitoring. . 3.2.4 When on a loading site or a debris management site, all personnel must wear required safety equipment as necessary to comply with all OSHA, Federal, State, and local requirements. The following are mandatory: • Hard hat • Reflective vest • Safety toed shoes • Long pants • Appropriate cold, hot, or rainy weather clothing • Eye and hearing protection 4. SPECIFIC REQUIREMENTS 4.1 Mobilization. The CONSULTANT's Project Manager and other key personnel shall report to the COUNTY's Emergency Operations Center (EOC) within twelve (12) hours of notification by the COUNTY. Commencement of work shall begin within twenty-four (24) hours of issuance of Notice to Proceed. The CONSULTANT shall provide an adequate number of professionals and qualified personnel to monitor the debris loading sites and debris management sites. The CONSULTANT shall also provide Roving Monitors as needed and dictated by demands of the emergency event. The CONSULTANT shall be required to increase its staffing from this point depending upon the severity of the debris generating event. At a minimum, the CONSULTANT shall be required to have the ability to provide one additional monitor per day if required to meet the needs of the debris haulers. 4.2 Telephone Contact List - The CONSULTANT shall maintain a telephone contact list and email list at each loading site and debris management site of the employees' supervisor, COUNTY Project Manager, EOC, and nearest fire, police, and emergency medical facilities. 4.3 Labor and Equipment - The CONSULTANT shall supervise and direct all work using qualified labor and proper equipment for all tasks. Safety of the CONSULTANT's personnel and equipment is the responsibility of the CONSULTANT. Additionally, the CONSULTANT shall pay for all materials, personnel, taxes, and fees necessary to perform work under the terms of the Contract. 4.4 Permits - The CONSULTANT shall be responsible for determining what permits shall be necessary to perform work under the proposed Contract and obtain all required permits. Copies of all permits shall be submitted to the COUNTY Project Manager prior to commencement of work. 4.5 Violations - During the performance of the Contract, the CONSULTANT shall be 7073-331934.WPD Page -x- responsible for correcting any notices of violations issued as a result of actions or operations of the CONSULTANT or its subcontractors. Corrections for any such violations shall be at no additional cost to the COUNTY. 4.6 Costs Associated with Violations - The CONSULTANT shall be responsible for paying any and all costs associated with violations of laws or regulations relative to the activities of the CONSULTANT. Such costs might include but are not limited to: site cleanup and remediation, fines, administrative and civil penalties, and third party claims imposed on the COUNTY by any regulatory agency or by any third party as a result of noncompliance with Federal, State, or local environmental laws and regulations or nuisance statues by CONSULTANT, its subcontractors, or any other persons, corporations or legal entities retained by the CONSULTANT. 4.7 Meetings - The CONSULTANT must attend all meetings required by COUNTY Project Manager to evaluate the performance of all Monitors or to discuss any open Work Authorization issues. 4.8 Door Hangers and Tags - The CONSULTANT will supply door hangers and tags for ineligible debris. The COUNTY must approve the format for both. Door hangers will be distributed at the discretion of the COUNTY for all ineligible debris piles. 5_ DELIVERABLES. All load tickets, forms, reports, and other deliverables shall be accurately and correctly submitted. The CONSULTANT shall not bill additional time, and shall not be paid additional time, for time spent by any personnel to correct a load ticket, form, report, or other deliverables. At a minimum, the following deliverables must be provided to the COUNTY at the completion of the Scope of Services of the Work Authorization; however, deliverables shall be in no way limited to the following list. At its sole discretion, the COUNTY may add and/or delete deliverables to meet the needs of the COUNTY. 1) Electronic storage of all load tickets and ticket logs in an organized manner. 2) Daily tower logs. 3) List of all personnel with signatures and initials. 4) Binder(s) with damage reports, completed repairs, and releases (if applicable). 5) Binder(s) with issues and final resolution. 6) Map books boxed by pass with daily logs. 7) List of tickets issued to Monitors, by Monitor, and list of lost and or voided tickets. 8) Each debris removal pass may, at the discretion of the COUNTY, have a door hanger placed at each residence or street sign hanger placed at key intersections to indicate pickup has occurred. A report describing the location of hangers shall be provided to the COUNTY. 9) Each pile of ineligible debris will be tagged and a list compiled and submitted to the COUNTY. The COUNTY must approve format of the ineligible debris tag. 7073-331934.WPD Page -xi- 10) Daily Report -- The CONSULTANT shall prepare and submit daily operational reports. 11) Throughout the duration of the recovery operations. Daily reports shall document the Debris Contractor's activities and progress from the previous day and shall be submitted by 10:30 AM to the COUNTY's Project Manager. Each daily report shall contain the following minimum information: I. Correctly and accurately completed load tickets consistent with all reporting documents; ii. The times of operation of all debris loading trucks; iii. Reports, maps, and graphs to delineate production rates of crews and their equipment; and iv. Progress by area and estimations of total quantities remaining, time to completion, and daily cumulative cubic yards of debris removed, processed, and hauled 12) Final Reconciliation - A final report will be prepared by the CONSULTANT and submitted to the COUNTY Project Manager within thirty (30) calendar days of completion of recovery operations. Recovery operations include closure and remediation of debris management site(s) and conclusions of all related operations. At a minimum this report will include: a discussion of disaster response requirements and results and recommendations for future disaster response. 7073-331934.WPD Page -xii-