2022-10-04 IV. Exhibit 4 Added Item FMINUTE FILE
Okeechobee ExNERq
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Memorandum
TO:
Mayor Watford and City Council
FROM:
Gary Ritter, City Administrator
DATE:
10/4/2022
RE:
Interlocal Agreement Hurricane Ian Debris Removal
Mayor and Council Members, because of Hurricane Ian, staff recommends approval of a new Interlocal
Agreement with Okeechobee County for storm debris hauling throughout the City and County. The
agreement is in substantial conformance with the Interlocal Agreement with the County enacted during
Hurricane Irma in 2017. In the new agreement we are requesting it to cover storms or hurricanes, during the
next 4 years, that create large amounts of debris and require contract hauling throughout the City and
County.
Page 1
Exhibit 4
INTERLOCAL AGREEMENT CONCERNING STORM DEBRIS REMOVAL
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"), collectively, the "Parties," pursuant to the Florida Interlocal Cooperation Act of
1969 (Section 163.01, Florida Statutes) effective the day of , 2022
(the "Effective Date").
WITNESSETH
WHEREAS, the COUNTY and the CITY have the power to enter into agreements with
other governmental agencies for joint coordination and performance of specified activities for the
benefit of the public health, safety, and welfare; and
WHEREAS, the COUNTY and the CITY, from time to time, experience rain and
sustained winds due to the occurrence of hurricanes or significant storm events, 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 real property; and
WHEREAS, storm event damage can result in a large volume of debris, including
vegetative, construction, and demolition debris (hereinafter collectively referred to as "Storm
Debris"); and
WHEREAS, delay in removal of the Storm Debris can be detrimental to the health, safety,
and welfare of the citizens of the COUNTY and the CITY, and therefore it is in the best interests
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 contracts for Debris Management Services
with CrowderGulf Joint Venture, Inc., for Storm Debris removal (hereinafter the "Debris
Contractor") and with Culpepper & Terpening, Inc., for Storm Debris Monitoring Services
(hereinafter the "Monitoring Contractor"), copies of which are attached hereto as Exhibits "A" and
"B" (hereinafter referred to collectively as the "Contracts,") and which are incorporated herein by
reference; and
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WHEREAS, the Parties agree that the Debris Contractor and the Monitoring Contractor
will perform services in 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:
1. Services, Term; Termination.
a. Services. Upon the Effective Date of this Agreement, the COUNTY will administer
and oversee the removal of Stonn Debris within Okeechobee County, including the CITY, by the
Debris Contractor and the Monitoring Contractor, as such services are described in the Contracts.
The 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 the Contracts, including but not limited to the Rate
Schedules contained therein. It is agreed that the COUNTY will direct the Monitoring Contractor to
track and verify where and when Storm Debris is taken from unincorporated COUNTY areas versus
from the CITY areas, 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 for four (4)
years from the Effective Date or as otherwise terminated by the Parties or 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 that at the time and date deemed appropriate by the COUNTY,
the COUNTY will file claims with FEMA or other pertinent governmental agencies 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 (hereinafter, the "Reimbursement Claims"). The CITY shall, upon request by the
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COUNTY, provide to the COUNTY any information, documentation, or other record the COUNTY
deems necessary to present the Reimbursement Claims.
b. Reimbursement. The CITY shall reimburse the COUNTY such costs and fees the
COUNTY has paid, but which were not reimbursed by FEMA or other pertinent governmental
agencies, regardless of the reason for denial of the Reimbursement Claim. Reimbursement by the
CITY to the COUNTY shall be based the 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 unincorporated COUNTY areas. CITY shall reimburse COUNTY
within thirty (30) days from receipt of an invoice from the COUNTY.
3. Notices. All formal notices, consents, or other communications required or otherwise delivered
under this Agreement shall be in writing and shall be delivered 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
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.
5. Entire Agreement. This Agreement states the entire understanding between the Parties and
supersedes any written or oral representations, statements, or agreements to the contrary. No
modification, amendment, or alteration in the terms or conditions herein shall be effective unless
contained in a written document executed by the Parties.
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.
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8. 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.
9. Immunity. Neither party makes any express or implied intent to waive, alter, or limit the
immunity protection of Section 768.28, Florida Statutes.
10. 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly
authorized officers.
ATTEST:
JERALD D. BRYANT, 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
CITY OF OKEECHOBEE, FLORIDA
IIn
DOWLING R. WATFORD, JR., MAYOR
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Date:
[Crowder -Gulf Join[ Denture, Inc.]
INDEPENDENT CONTRACTOR'S AGREEMENT
THIS INDEPENDENT CONTRACTOR'S AGREEMENT (hereinafter this
"Agreement") is effective the 22nd day of October, 2020 by and between OKEECHOBEE
COUNTY, a political subdivision of the State of Florida (hereinafter the "COUNTY") and
Crowder -Gulf Joint Venture, Inc., a Florida corporation (hereinafter "CONTRACTOR").
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 Agreement; and
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, the 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 of the COUNTY 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
WHEREAS, CONTRACTOR is in the business of debris removal in Okeechobee County
and elsewhere in the State of Florida; and
WHEREAS, CONTRACTOR is competent and has sufficient manpower, training, and
technical expertise to perform the services contemplated by this Agreement in a timely and
professional manner consistent with the standards of the industry in which CONTRACTOR
operates; and
WHEREAS, CONTRACTOR was the successful proposer for an advertised Request for
Proposals identified as Request for Proposals 2020-03 which satisfies the COUNTY's
Procurement Policy; and
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WHEREAS, the COUNTY and the CONTRACTOR agree to the Scope of Services,
prices, terms, and conditions as set forth in 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:
I . Recitals. The foregoing recitals 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.
2. Scope of Contracted Services:
a. 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 Agreement. CONTRACTOR shall provide, at its cost any permits
required by any governmental agency. Emergency push, debris removal and
demolition of structures 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 3.m. of this Agreement.
b. Emergency Push/Road Clearance: The CONTRACTOR shall accomplish the
cutting, 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.
C. Right -of -Way (ROW) Removal: The CONTRACTOR shall remove all debris
from the ROW of Okeechobee County when directed to do so by the 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.
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d. 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.
e. 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.
f. Private Property Waivers: 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 2.d. and 2.e above.
g. 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 COUNTY officials and therefore, these services shall be provided
by the CONTRACTOR through a consulting firm acceptable to 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.
3. Performance of Services.
a. 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 COUNTY may be
rejected. Replacements and/or rework, as required, will be accomplished at no
additional cost to the COUNTY.
b. 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 2, 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.
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C. CONTRACTOR must provide all permits, labor, materials, equipment, and supervision
necessary for the completion of the Scope of Services, unless specifically excluded.
d. CONTRACTOR must also comply with, and abide by, all requirements as contained in
any invitation to bid (ITB), request for proposals (RFP), request for qualifications
(RFQ), bid specifications, engineering plans, shop drawings, material lists, or other
similar documents issued for this project by the COUNTY, together with any addenda,
hereinafter the "Bid Documents, as applicable." The Bid Documents, if applicable, are
hereby incorporated into this Agreement by reference and are declared to be material
part of this Agreement.
C. Subcontractor(s): 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.
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.
g. 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.
h. Okeechobee County Obligations. 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
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. COUNTY is responsible for issuing all Public Service Announcements(PSA)
to advise citizens and agencies of the available debris services. CONTRACTOR may
assist the COUNTY with the development of debris -based PSA(s), if requested.
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i. Conduct of Work. CONTRACTOR shall be responsible for planning and conducting
all operations in a satisfactory workmanlike manner. CONTRACTOR shall exhibit
respect for the citizens and their individual private properties. All operations shall be
conducted under the review of a COUNTY Representative. CONTRACTOR shall have
and require strict compliance with a written Code of Ethics. CONTRACTOR will
supervise and/or direct all contracted services. CONTRACTOR is solely responsible for
the means, methods, techniques, safety program and procedures. 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 COUNTY Authorized Representative shall be as binding as if given. to
CONTRACTOR.
Damages. 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 Section 2.c. of this Contract. However, 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.
k. Other Contraetor(s). 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.
1. 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.
M. Disposal of Debris. Unless otherwise directed by the COUNTY, 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 COUNTY and CONTRACTOR.
Other sites may be utilized as directed and/or approved by COUNTY.
n. 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 CONTRACTOR or any of its Subcontractors.
o. Inspection and Testing. All debris shall be subject to adequate inspection by
COUNTY or any public authority in accordance with generally accepted standards to
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ensure compliance with the Contract and applicable federal, state and local laws.
COUNTY will, at all times, have access to all work sites and disposal areas. In addition,
authorized representatives and agents of other governmental entities, which may have a
regulatory or funding interest in this contract, shall be permitted to inspect all work,
materials, invoices and other relevant records and documentation.
4. Terms and Conditions.
a. Geographic Assignment. The geographic boundary for work by the CONTRACTOR's
crews shall be as directed by COUNTY and will be limited to properties located within
the COUNTY's legal boundaries.
b. Multiple, Scheduled Passes (optional). CONTRACTOR shall make scheduled passes
at the direction of COUNTY and/or unscheduled passes of each area impacted by the
storm event. 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 COUNTY.
C. 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, COUNTY will provide
a Right -of -Entry Agreement, as set out in Section 2.d. of this Contract.
d. Certification of Load Carrying Capacity. CONTRACTOR shall submit to 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 COUNTY.
e. Vehicle Information,. The maximum load capacity of each hauling vehicle will be
rounded to the nearest whole cubic yard (CY). (Decimal values of .l 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.
f. Security of Debris During Hauling. 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), CONTRACTOR shall ensure that each load is
secure and trimmed so that no debris extends horizontally beyond the bed of the
equipment in any direction. All loose debris shall be reasonably compacted and
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secured during transport. As required, CONTRACTOR will survey the primary routes
used by CONTRACTOR and recover fallen or blown debris from the roadway(s).
g. Traffic Control. CONTRACTOR shall mitigate impact on local traffic conditions to
all extents possible. CONTRACTOR is responsible for establishing and maintaining
appropriate traffic control in accordance with the latest Manual of Uniform Traffic
Control Devices. 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).
h. Work Days/Hours. 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 COUNTY
following consultation and notification to CONTRACTOR.
i. Hazardous and Industrial Wastes. CONTRACTOR shall set aside and reasonably
protect all hazardous or industrial materials encountered during debris removal
operations for collection and disposal in accordance with CONTRACTOR's Hazardous
and Industrial Materials Cleanup and Disposal Plan. CONTRACTOR will build,
operate and maintain a Hazardous Waste and Industrial Material Storage area until
proper disposal of such waste is feasible. CONTRACTOR may use the subcontracting
services of a firm specializing in the management and disposal of such materials
and waste, if/when directed by COUNTY.
j. Stumps. All hazardous/eligible stumps identified by 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).
k. Utilizing Local Resources. 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.
1. Work Safety. CONTRACTOR shall provide and enforce a safe work environment as
prescribed in the Occupational Safety and Health Act of I970, as amended.
CONTRACTOR will provide such safety equipment, training and supervision as may
be required by COUNTY and/or another governmental entity with jurisdiction.
CONTRACTOR shall ensure that its subcontracts contain a similar safety provision.
5. Reports, Certifications, and Documentation.
a. Accountable Debris Load Forms. 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).
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b. Reports. CONTRACTOR shall submit periodic, written reports to COUNTY as
requested or required, detailing the progress of debris removal and disposal. These
reports may include, but not Iimited to:
i. 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. 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.
ii. Weekly Summaries. A summary of all information contained in the daily
reports as set out in Section 5.b.i. of this Contract or in a format required by
the COUNTY.
iii. 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.
iv. Final Project Closeout. Upon final inspection and/or closeout of the project
by COUNTY, 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 COUNTY. If requested, any other additional
information as may be necessary to adequately document the conduct of the
debris management operations for COUNTY and/or any other governmental
entity with jurisdiction.
C. Additional Supporting Documentation. CONTRACTOR shall submit sufficient
reports and/or documentation for debris loading, hauling, disposal, and load capacity
measurements as may reasonably be required by COUNTY and/or a governmental
entity with jurisdiction to support requests for debris project reimbursement from
external funding sources.
d. Report Maintenance. CONTRACTOR will be subject to audit by federal, state, and
local agencies pursuant to this Contract. CONTRACTOR will maintain all reports,
records, debris reporting tickets and contract correspondence for a period of not less
than three (3) years.
e. Contract File Maintenance. 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 COUNTY, whichever is longer.
6. Commencement and completion/Term.
a. Time to Complete. The Contractor shall complete all directed work as set out in
Section 2 of this Contract within (number of days will be determined once extent of
damage has been determined) working days. Once agreed upon, the time to complete
shall be reduced to writing, signed by the parties and appended to this Contract.
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b. 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. 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 6.a. 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 COUNTY and CONTRACTOR for reasons of additional time,
additional services and/or additional areas of work.
C. Term of Contract. The term of the Contract shall be for three (3) consecutive years
beginning on the date of acceptance by and signatures of COUNTY and
CONTRACTOR, whichever comes later.
d. 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 of this Contract may be reviewed
and amended on an annual basis, at which time amended unit costs may be submitted
by CONTRACTOR to 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).
Payment.
a. The COUNTY agrees to compensate CONTRACTOR, for work actually performed
under this Agreement, at the rate or basis described in Exhibit "I", which is attached
hereto and incorporated herein by reference. CONTRACTOR must perform all work
required by this Contract and the Scope of Services, if applicable.
b. Billing Cycle. CONTRACTOR shall invoice 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
Payment Responsibility. COUNTY agrees to accept the Contractor's invoice(s) and
supporting documentation as set out in Section 5.c. of this Contract and process said
invoices for payment within 15 business days of the receipt thereof. COUNTY will
advise CONTRACTOR within five (5) working days of receiving any debris service
invoice that requires additional information for approval to process for payment.
d. Ineligible Work. 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.
Page 9 of 20
i. Eligibility Inspections. CONTRACTOR and 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 ofthis Contract.
ii. Eligibility Determination. 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 CONTRACTOR will not invoice COUNTY for such
loads.
e. 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 COUNTY and CONTRACTOR and subject
to the review of governmental agencies.
Specialized Services. CONTRACTOR may invoice COUNTY for costs incurred to
mobilize and demobilize specialized equipment required to perform services in
addition to those specified under Section 2 of this Contract. Additional specialized
services will only be performed if/when directed by COUNTY. The rate for specialized
mobilization and demobilization shall be fair and reasonable as determined by
COUNTY.
Termination.
a. Termination at Will: This Agreement may be terminated by the COUNTY in whole or
in part at any time without cause by the COUNTY giving written notice to
CONTRACTOR not less than 30 days prior to the date of termination; provided,
however, that in such event, neither party will be relieved from its rights or obligations
of this Agreement through the date of the actual termination. Notice must be delivered
by certified mail, return receipt requested, or in person with proof of delivery.
b. Termination for Cause: This Agreement may be terminated by either party for cause by
the COUNTY or CONTRACTOR giving written notice to the other party not less than
10 days prior to the date of termination; provided, however, that in such event, neither
party will be relieved from its rights or obligations of this Agreement through the date
of the actual termination. Notice must be delivered by certified mail, return receipt
requested, or in person with proof of delivery.
9. Project management.
a. The Project Managers for this project are as follows. Any subsequent changes to the
Project Manager for either party may be provided by notice as described in paragraph 8
below and does not require an amendment to this Agreement.
Page 10 of 20
b. COUNTY's Project Manager is: Russell Rowland, Assistant to County Administrator
Okeechobee County
304 NW 2"d Street, Room 123
Okeechobee, Florida 34972
Phone: 863-763-1811
Email: rrowland@co.okeechobee.fl.us
C. CONTRACTOR's Project Manager is: Ashley Ramsay-Naile, President
5629 Commerce Blvd E
Mobile, AL 36619
Phone: 800-992-6207
Email: jramsay@crowdergulf.com
10. Notices. All notices to the parties under this Agreement must be in writing and sent
certified mail to:
a. To COUNTY: Okeechobee County Board of County Commissioners, Attention:
County Administrator, 304 NW 2nd Street, Okeechobee, Florida 34972;
rehartier@co.okeechobee.fl.us.
b. To CONTRACTOR: CrowderGulf Joint Venture, Inc., 5629 Commerce Blvd E,
Mobile, AL 36619; jramsay@crowdergulf.com
11. Insurance.
a. CONTRACTOR must maintain such insurance as will fully protect both
CONTRACTOR and the COUNTY from any and all claims under any Workers
Compensation Act or Employers Liability Laws, and from any and all other claims of
whatsoever kind or nature to the damage or property, or for personal injury, including
death, made by anyone whomsoever, that may arise from operations carried on under
this Agreement, either by CONTRACTOR, any subcontractor, or by anyone directly or
indirectly engaged or employed by either of them.
b. The insurance coverage required by this Agreement must not be less than the amounts
described in the Bid Documents. If the Bid Documents do not state an insurance
requirement or the amount of insurance, then the amount of insurance required by this
Agreement must not be less than:
i. Workers' Compensation (unless exempt) with Employers' Liability with a limit
of $500,000.00 each accident, $500,000.00 each employee, $500,000.00 policy
limit for disease;
ii. Commercial General Liability (CGL) insurance with a limit of not less than
$300,000.00 each occurrence. If such CGL insurance contains a general
aggregate limit, it shall apply separately to this work in the amount of
$600,000.00. CGL insurance shall be written on an occurrence form and include
bodily injury and property damage liability for premises, operations,
independent contractors, products and completed operations, contractual
Page 1 1 of 20
liability, broad form property damage and property damage resulting from
explosion, collapse or underground (x, c, u) exposures, personal injury, and
advertising injury. Damage to rented premises shall be included at $100,000.00;
iii. Commercial Automobile Liability Insurance with a limit of not less than
$300,000.00 each accident for bodily injury and property damage liability. Such
insurance shall cover liability arising out of any auto (including owned, hired
and non -owned autos) and such policy shall be endorsed to provide contractual
liability coverage; and
iv. Fire damage liability shall be included at $300,000.00.
C. CONTRACTOR must furnish the COUNTY with Certificates of Insurance, which are
to be signed by a person authorized by that insurer to bind coverage on its behalf. The
COUNTY is to be specifically included as an additional insured and loss payee on all
policies except Workers' Compensation. In the event the insurance coverage expires
prior to the completion of the project, a renewal certificate must be issued 30 days prior
to the expiration date. The policy must provide a 30 day notification clause in the event
of cancellation or modification to the policy. All certificates of insurance must be on
file with and approved by the COUNTY before commencement of any work activities.
d. The insurance coverages procured by CONTRACTOR as required herein will be
considered as primary insurance over and above any other insurance, or self—insurance,
available to CONTRACTOR, and any other insurance, or self-insurance available to
CONTRACTOR will be considered secondary to, or in excess of, the insurance
coverage(s) procured by CONTRACTOR as required herein.
12. General Provisions. CONTRACTOR must comply with the following general
provisions:
a. Bond. If a surety bond has been required by the Bid Documents for CONTRACTOR's
faithful performance and payment, and if at any time the surety is no longer acceptable
to the COUNTY, CONTRACTOR must, at its expense, within five (5) days after the
receipt of notice from the COUNTY to do so, furnish an additional bond or bonds in
such form and with such Surety or Sureties as are satisfactory to the COUNTY. The
COUNTY will not make any further payment to CONTRACTOR, nor will any further
payment be deemed to be due to CONTRACTOR, until such new or additional security
for the faithful performance of the work is furnished in a manner and form satisfactory
to the COUNTY.
b. Compliance with Laws. In providing the Scope of Services, CONTRACTOR must
comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations
pertaining to or regulating the provision of such services, including those now in effect
and hereafter adopted..
C. Personal nature of Agreement; Assignment.
Page 12 of 20
i. The parties acknowledge that the COUNTY places great reliance and emphasis
upon the knowledge, expertise, training, and personal abilities of
CONTRACTOR. Accordingly, this Agreement is personal and
CONTRACTOR is prohibited from assigning or delegating any rights or duties
hereunder without the specific written consent of the COUNTY.
ii. If CONTRACTOR requires the services of any subcontractor or professional
associate in connection with the work to be performed under this Agreement,
CONTRACTOR must obtain the written approval of the COUNTY Project
Manager prior to engaging such subcontractor or professional associate.
CONTRACTOR will remain fully responsible for the services of any
subcontractors or professional associates.
d. Discrimination.
i. CONTRACTOR shall not discriminate against any employee employed in the
performance of this Agreement, or against any applicant for employment
because of age, ethnicity, race, religious belief, disability, national origin, or sex.
CONTRACTOR shall not exclude any person, on the grounds of age, ethnicity,
race, religious belief, disability, national origin, or sex, from participation in,
denied the benefits of, or be otherwise subjected to discrimination in any activity
under, this Agreement.
ii. CONTRACTOR shall provide a harassment -free workplace, with any allegation
of harassment given priority attention and action by management.
Independent contractor.
CONTRACTOR is, and will be deemed to be, an independent contractor and not
a servant, employee, joint adventurer, or partner of the COUNTY. None of
CONTRACTOR's agents, employees, or servants are, or will be deemed to be,
the agent, employee, or servant of the COUNTY. None of the benefits, if any,
provided by the COUNTY to its employees, including but not limited to,
compensation insurance and unemployment insurance, are available from the
COUNTY to the employees, agents, or servants of CONTRACTOR.
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 Agreement. Although CONTRACTOR is an independent
contractor, the work contemplated herein must meet the approval of the
COUNTY and is subject to the COUNTY's general right of inspection to secure
the satisfactory completion thereof. CONTRACTOR must comply with all
Federal, State and municipal laws, rules and regulations that are now or may in
the future become applicable to CONTRACTOR, or to CONTRACTOR's
business, equipment, or personnel engaged in operations covered by this
Agreement or accruing out of the performance of such operations. The
COUNTY will not be held responsible for the collection of or the payment of
taxes or contributions of any nature on behalf of CONTRACTOR.
Page 13 of 20
ii. CONTRACTOR will 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.
iii. CONTRACTOR must utilize, and must expressly require all subcontractors to
utilize, the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by CONTRACTOR and
any subcontractors during the Term of this Agreement.
f. Indemnification.
i. CONTRACTOR must indemnify and hold the COUNTY harmless against and
from any and all claims, losses, penalties, interest, demands, judgments, costs,
damages, or expenses, including attorney's fees and court costs, incurred by the
COUNTY, or its agents, officers, or employees, arising directly or indirectly
from CONTRACTOR's performance under this Agreement or by any person on
CONTRACTOR's behalf, including but not limited to those claims, losses,
penalties, interest, demands, judgments, costs, damages, or expenses arising out
of any accident, casualty, or other occurrence causing injury to any person or
property. This includes persons employed or utilized by CONTRACTOR
(including CONTRACTOR's agents, employees, and subcontractors).
CONTRACTOR must further indemnify the COUNTY against any claim that
any product purchased or licensed by the COUNTY from CONTRACTOR
under this Agreement infringes a United States patent, trademark, or copyright.
CONTRACTOR acknowledges that CONTRACTOR has received
consideration for this indemnification, and any other indemnification of the
COUNTY by CONTRACTOR provided for within the Bid Documents, the
sufficiency of such consideration being acknowledged by CONTRACTOR, by
CONTRACTOR's execution of this Agreement. CONTRACTOR's obligation
will not be limited by, or in any way to, any insurance coverage or by any
provision in or exclusion or omission from any policy of insurance, whether such
insurance is in connection with this Agreement or otherwise. Such
indemnification is in addition to any and all other legal remedies available to the
COUNTY and not considered to be the COUNTY's exclusive remedy.
ii. In the event that any claim in writing is asserted by a third party which may
entitle the COUNTY to indemnification, the COUNTY must give notice thereof
to CONTRACTOR, which notice must be accompanied by a copy of statement
of the claim. Following the notice, CONTRACTOR has 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 CONTRACTOR does not
timely defend., contest, or otherwise protect against any suit, action or other
proceeding arising from such claim, or in the event the COUNTY decides to
participate in the proceeding or defense, the COUNTY will 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 CONTRACTOR, to make any reasonable compromise or settlement
thereof. In connection with any claim as aforesaid, the parties hereto must
Page 14 of 20
cooperate fully with each other and make available all pertinent information
necessary or advisable for the defense, compromise or settlement of such claim.
iii. The indemnification provisions of this paragraph will survive the termination of
this Agreement.
g. Sovereign Immunity. Nothing in this Agreement extends, or will be construed to
extend, the COUNTY's liability beyond that provided in section 768.28, Florida
Statutes. Nothing in this Agreement is a consent, or will be construed as consent, by
the COUNTY to be sued by third parties in any matter arising out of this Agreement.
h. Public records.
i. CONTRACTOR is a "Contractor" as defined by Section 119.0701(1)(a), Florida
Statutes, and must comply with the public records provisions of Chapter 119,
Florida Statutes, including the following:
1. Keep and maintain public records required by the COUNTY to perform
the service.
2. Upon request from the COUNTY's custodian of public records, provide
the COUNTY with a copy of the requested records or allow the records
to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in Chapter 119 or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law for the duration of this Agreement term and following
completion of the Agreement if CONTRACTOR does not transfer the
records to the COUNTY.
4. Upon completion of this Agreement, transfer, at no cost, to the
COUNTY all public records in possession of CONTRACTOR or keep
and maintain public records required by the COUNTY to perform the
service. If CONTRACTOR transfers all public records to the COUNTY
upon completion of this Agreement, CONTRACTOR must destroy any
duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If CONTRACTOR keeps and
maintains public records upon completion of this Agreement,
CONTRACTOR must meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
COUNTY, upon request from the COUNTY's custodian of public
records, in a format that is compatible with the information technology
systems of the COUNTY.
ii. "Public records" is defined in Section 119.011(12), Florida Statutes, as may,
from time to time, be amended.
iii. If CONTRACTOR asserts any exemptions to the requirements of Chapter 119
and related law, CONTRACTOR will have the burden of establishing such
exemption, by way of injunctive or other relief as provided by law.
iv. CONTRACTOR consents to the COUNTY's enforcement of CONTRACTOR's
Chapter 119 requirements, by all legal means, including, but not limited to, a
Page 15 of 20
mandatory injunction, whereupon CONTRACTOR must pay all court costs and
reasonable attorney's fees incurred by COUNTY.
V. CONTRACTOR's failure to provide public records within a reasonable time
may be subject to penalties under Section 119.10, Florida Statutes. Further, such
failure by CONTRACTOR will be grounds for immediate unilateral cancellation
of this Agreement by the COUNTY.
vi. IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS,
ROBBIE L. CHARTIER, COUNTY ADMINISTRATOR, AT
863-763-6441, EXT 1; publicrecords@co.okeechobee.fl.us;
MAILING ADDRESS: 304 NW 2nd Street, ROOM 123,
OKEECHOBEE, FL 34972.
Federal or State Funding. If any portion of the funding for this Agreement is derived
from the State of Florida, or any department of the State of Florida, or from federal
funding through the State of Florida, the provisions of this sub -paragraph shall apply,
provisions elsewhere in this Agreement to the contrary notwithstanding.
CONTRACTOR shall make inquiry from the COUNTY's Project Manager to
determine whether Federal or State funding is applicable to this Agreement.
i. E-Verify. CONTRACTOR must utilize, and must expressly require all
subcontractors to utilize, the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by
CONTRACTOR during the Term of this Agreement.
ii. Agency. CONTRACTOR agrees and acknowledges that it, its employees, and
its subcontractors are not agents or employees of the Federal Government, of the
State of Florida, or of any department of the Federal Government or the State of
Florida.
iii. Indemnification. To the fullest extent permitted by law, CONTRACTOR shall
indemnify and hold harmless the COUNTY, the Federal Government, the State
of Florida, any department of the Federal Government or the State of Florida,
and all officers and employees, from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused by
the negligence, recklessness or intentional wrongful misconduct of
CONTRACTOR and persons employed or utilized by CONTRACTOR in the
performance of this Agreement. This indemnification shall survive the
termination of this Agreement. Nothing contained in this paragraph is intended
to nor shall it constitute a waiver of the State of Florida and the COUNTY's
sovereign immunity.
iv. Workers' Compensation Insurance. CONTRACTOR must provide Workers'
Compensation Insurance in accordance with Florida's Workers' Compensation
law for all employees. If subletting any of the work, CONTRACTOR must
ensure that the subcontractor(s) have Workers' Compensation Insurance for their
Page 16 of 20
employees in accordance with Florida's Workers' Compensation law. If using
"leased employees" or employees obtained through professional employer
organizations ("PEO's"), CONTRACTOR must ensure that such employees are
covered by Workers' Compensation insurance through the PEO's or other leasing
entities. CONTRACTOR must ensure that any equipment rental agreements
that include operators or other personnel who are employees of independent
Contractors, sole proprietorships or partners are covered by insurance required
under Florida's Workers' Compensation law.
V. Liability Insurance. Contractor shalt carry Commercial General Liability
insurance providing continuous coverage for all work or operations performed
under the Agreement. Such insurance shall be no more restrictive than that
provided by the latest occurrence form edition of the standard Commercial
General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the
State of Florida. CONTRACTOR shall cause the State of Florida to be made an
Additional Insured as to such insurance. Such coverage shall be on an
"occurrence" basis and shall include Products/Completed Operations coverage.
The coverage afforded to the State of Florida as an Additional Insured shall be
primary as to any other available insurance and shall not be more restrictive than
the coverage afforded to the Named Insured. The limits of coverage shall not be
less than $1,000,000 for each occurrence and not less than a $5,000,000 annual
general aggregate, inclusive of amounts provided by an umbrella or excess
policy. The limits of coverage described herein shall apply fully to the work or
operations performed under the Contract, and may not be shared with or
diminished by claims unrelated to this Agreement. The policy/ies and coverage
described herein may be subject to a deductible. CONTRACTOR shall pay all
deductibles as required by the policy. No policy/ies or coverage described herein
may contain or be subject to a Retention or a Self -Insured Retention. At all
renewal periods which occur prior to final acceptance of the work, the COUNTY
and the State of Florida shall be provided with an ACORD Certificate of
Liability Insurance reflecting the coverage described herein. The COUNTY and
the State of Florida shall be notified in writing within ten days of any
cancellation, notice of cancellation, lapse, renewal, or proposed change to any
po 1 icy or coverage described herein. The COUNTY's or the State of Florida's
approval or failure to disapprove any policy/ies, coverage, or ACORD
Certificates shall not relieve or excuse any obligation to procure and maintain
the insurance required herein, nor serve as a waiver of any rights or defenses the
COUNTY or the State of Florida may have.
vi. Inspections. CONTRACTOR shall permit, and require its subcontractors to
permit, the COUNTY's and the State of Florida's authorized representatives to
inspect all work, materials, payrolls, and records, to audit the books, records,
and accounts pertaining to the financing and development of the Services
described in the Contract Documents.
vii. Auditor General Cooperation. CONTRACTOR shall comply with §20.055 (5),
Florida Statutes, and shall incorporate in all subcontracts the obligation to
comply with §20.055 (5), Florida Statutes.
Page 17 of 20
13.Miscellaneous Provisions. The following miscellaneous provisions apply to this Agreement:
a. Binding Nature of Agreement. This Agreement is binding upon the successors and
assigns of the parties hereto.
b. 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. CONTRACTOR recognizes that any representations,
statements, or negotiations made by the County staff do not suffice to legally bind the
COUNTY in a contractual relationship unless they have been reduced to writing,
authorized, and signed by the authorized COUNTY representatives.
C. Amendment. No modification, amendment, or alteration in the terms or conditions of
this Agreement will be effective unless contained in a written document executed with
the same formality as this Agreement.
d. Severability. If any term or provision of this Agreement is held, to any extent, invalid
or unenforceable, as against any person, entity, or circumstance during the Term hereof,
by force of any statute, law, or ruling of any forum of competent jurisdiction, such
invalidity will not affect any other term or provision of this Agreement, to the extent
that the Agreement will remain operable, enforceable, and in full force and effect to the
extent permitted by law.
Construction. If any provision of this Agreement becomes subject to judicial
interpretation, the court interpreting or considering such provision should 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
it. All parties hereto have participated in the preparation of the final form of this
Agreement through review by their respective counsel, if any, or the negotiation of
specific language, or both, and, therefore, the application of such presumption or rule
of construction would be inappropriate and contrary to the intent of the parties.
Headings. 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.
g. Waiver. The indulgence of either party with regard to any breach or failure to perform
any provision of this Agreement does not constitute a waiver of the provision or any
portion of this Agreement, either at the time the breach or failure occurs or at any time
throughout the term of this Agreement. The review of, approval of, or payment for any
of CONTRACTOR's work product, services, or materials does not operate as a waiver,
and should not be construed as a waiver, of any of the COUNTY's rights under this
Agreement, or of any cause of action the COUNTY may have arising out of the
performance of this Agreement.
h. Force Majeure. Notwithstanding any provisions of this Agreement to the contrary, the
parties will not be held liable if failure or delay in the performance of this Agreement
Page 18 of 20
arises from fires, floods, strikes, embargos, acts of the public enemy, unusually severe
weather, out break of war, restraint of government, riots, civil commotion, force
majeure, act of God, or for any other cause of the same character which is unavoidable
through the exercise of due care and beyond the control of the parties. This provision
does not apply if the "Scope of Services" of this Agreement specifies that performance
by CONTRACTOR is specifically required during the occurrence of any of the events
herein mentioned.
i. Law; Venue. This Agreement is being executed in Okeechobee County, Florida and is
governed in accordance with the laws of the State of Florida. Venue of any action
hereunder will be in Okeechobee County, Florida.
14. Special Provisions.
a. COUNTY may be required to enter into agreements with Federal and/or State agencies
for disaster relief. CONTRACTOR shall be bound by the terms and conditions of such
agreements. COUNTY shall provide CONTRACTOR with copies of any such federal
or state agreements within 7 days of the execution thereof.
IN WITNESS WHEREOF, the parties hereto have signed and sealed this Agreement
effective the date first written above.
ATTEST:
I
SHAR69TUB—IrRTSON, CLERK OF
THE CIRCUIT COURT & COMPTROLLER
Date signed by COUNTY: 1.23 &a
OKEECHOBEE COUNTY, a political
subdivision of the State of Florida
TERRY . BURROLWS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
(Seal)
CROWDERGULF JOINT VENTURE, INC.
by U4bj,4,�
&WW��
ASHLEY SAY-NAI E, RESIDENT
Page 19 of 20
(CrRt�Cy`tZAT.� SFAL}
ATT T:
ANTHONY DEES, SEC TARY
Page 20 of 20
tIR.19[T1�
CERTIFICATE OF LIABILITY INSURANCE
OATE(MM/OO/
1or2v2o20
PRODUCER
Pathway Insurance Group, LLC
Y p,
753 Nichols Avenue
Fairhope, AL 3653E
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A THE GRAY INSURANCE COMPANY
INSURED
CrowderGulf Joint Venture, Inc.
5629 Commerce Blvd. E
Mobile, AL 36619
COMPANY
B
COMPANY
C
COMPANY
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MMIDD
POLICY EXPIRATION
DATE (MM/DDIYY)
LIMITS
A
GENERAL
X
LIABILITY
COMMERCIAL GENERAL
LIABILITY
Q
OWNER'S & CONTRACTOR'S PROT
XSGL-07"36
8/1/2019
7/1/2022
GENERAL AGGREGATE
Unlimited
PRODUCTS — COMP/OP AGG
$3,000,000.00
PERSONAL & ADV INJURY
$1 000 000.00
EACH OCCURRENCE
$1 000 000.00
FIRE DAMAGE one fire
$100 000.00
MED EXP (Any oneperson)
$5,000.00
A
AUTOMOBILE
X
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
XSAL-075438
8/1/2019
7/1/2022
COMBINED SINGLE LIMIT
$1 000 000.00
BODILY INJURY
Per on
BODILY INJURY
Per accident
X
X
PROPERTY DAMAGE
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY — EA ACCIDENT
OTHER THAN AUTO ONLY
EACH ACCIDENT
AGGREGATE
A
EXCESS
LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA
FORM
GXS O43ES02
7/1/2020
7/1/2021
EACH OCCURRENCE
$4 000 000.00
$4 000 000.00
IXAGGREGATE
A
WORKER'S COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/
PARTNERS/EXECUTIVE X INCL
OFFICERS ARE: EXCL
GWC 071168-FL2
7/1/2020
7I1/2021
X I WC sTATU- CT
TORY ul ER
EL EACH ACCIDENT
$1 000 000.00
EL DISEASE— POLICY LIMIT
$1 000 000.00
EL DISEASE —E4EMPLOYEE
$1,000,000.00
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
The certificate lWder Is an additional Insured on all policies except Wodcers' Compensation and is provided a Waiver of Subrogation, all If required by written contract- The above Insurance policies shall be
primary and noncontributory to any other Insurance policies maintained by the certificate holder, if required by written contract
RFP # 2020-03 Disaster Debris Removal and Disposal Services
CERTIFICATE HOLDER
CANCELLATION
2523#190
Okeechobee County, Board of County Commissioners
Attn: County Administrator
304 NW 2nd Street, Room 123
o 3497E RROW
R ROWIAN ND@ D@CO.O KEECHOBEE. FL. US
In the event of cance(Iation by The Gray Insurance Company and if required by written
oontract 30 days written notice WIII be given to the Certificate Holder.
AUTHORIZED REPRESENTATIVE
N
GCF 00 50 01 01 12
THE RAY INSURANCE COMPANY
Louisiana certificate form:
LDI COI 280990 01 12
CERTIFICATE OF INSURANCE Page 2
THE GRAY INSURANCE COMPANY
The below coverages apply if the corresponding policy number is indicated on the previous page.
A. Commercial General Liability
General Liability Policy Includes:
Blanket Waiver of Subrogation when required by written contract.
Blanket Additional Insured (CGL Form# CG 20 10 11 85) when required by written contract.
Primary Insurance Wording Included when required by written contract.
Broad Form Property Damage Liability including Explosion, Collapse and Underground (XCU).
Premises/Operations
Products/Completed Operations
Contractual Liability
Sudden and Accidental Pollution Liability
Occurrence Form
Personal Injury
"in Rem" Endorsement
Cross Liability
Severability of Interests Provision
"Action Over" Claims
Independent Contractors coverage for work sublet
Vessel Liability - Watercraft exclusion has been modified by the vessels endorsement on scheduled
equipment.
General Aggregate applies per project or equivalent.
B. Automobile Liability Policy Includes:
Blanket Waiver of Subrogation when required by written contract.
Blanket Additional Insured when required by written contract.
C. Workers Compensation Policy Includes:
Blanket Waiver of Subrogation when required by written contract.
U.S. Longshoremen's and Harbor Workers Compensation Act Coverage
Outer Continental Shelf Land Act
Jones Act (including Transportation, Wages, Maintenance, and Cure),
Death on the High Seas Act & General Maritime Law.
Maritime Employers Liability Limit: $1,000,000
Voluntary Compensation Endorsement
Other States Insurance
Alternate Employer/Borrowed Servant Endorsement
"In Rem" Endorsement
Gulf of Mexico Territorial Extension
D. Excess Liability Policy Includes:
Coverage is excess of the Auto Liability, General Liability, Employers Liability, & Maritime Employers
Liability policies
Blanket Waiver of Subrogation when required by written contract.
Blanket Additional Insured when required by written contract.
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Unit Cost Fee Rate Schedule
DESCRIPTION OF SERVICE
UNIT
UNIT COST
il}lLl1aIP�lAflLQ�AS!�!llTyl9.h�
L.S.
$0.00
DESCRIPTION OF SERVICE UNIT UNIT COST
EMERGENCY ROAD CLEARING AND REM0VAL OF DEBRIS FROM THE PUBLIC RIGHT-OF-WAY
Backhoe - Rubber Tire Type,1.D. 310 or equal w/bucket & hoe
Hour
$145.00
Bucket Truck - 50 Ft.
Hour
$125.00
Bucket Truck - 50' to 75'
Hour
$150.00
Chipper w/2-man Crew
Hour
$ 90.00
Crane - 100 Ton (8 Hr Minimum)
Hour
$300.00
Crane - 50 Ton
Hour
$250.00
Crane 30 Ton or larger
Hour
$175.00
Dozer -D-6 or equivalent
Hour
$125.00
Dozer -CAT D4 or equivalent
Hour
$150.00
Dozer -Cat D8 or equivalent
Hour
$175.00
Dump Truck - 5 CY
Hour
$ 95.00
Dump Truck - Trailer, 50-80 cubic yard
Hour
$145.00
Dump Truck -Tandem, 14-18 cubic yard
Hour
$110.00
Dump Truck -Trailer, 24-40 CY
Hour
$140.00
Dump Truck -Trailer, 41-60 CY
Hour
$145,00
Dump Trailer w/Tractor, 30 to 40 CY
Hour
S 145 00
Dump Trailer w/Tractor, 41 to 50 CY
Hour
155.00
Dump Trailer w/Tractor, 51 to 60 CY
Hour
_$160.00
Dump Truck - 10 to 15 CY
Hour
115.00
Walking Floor Trailer w/Tractor, 100CY
Hour
S17
Equipment Transports
Hour
_0_
S d5 0
Excavator - Cat 320 or equivalent
Hour
S145 0
Excavator - Cat 325 or equivalent
Hour
155.00
Excavator - Cat 330 or equivalent
Hour
$175.00
Excavator - Rubber Tired with debris grapple
Hour
$165.00
This document in its entirety must be completed and returned with your Submittal
OKEECHOBEE COUNTY -DISASTER DEBRIS REMOVAL & DISPOSAL SERVICES 60
RFP
Unit Cost Fee Rate Schedule IPagg 2 of 71
DESCRIPTION OF SERVICE UNIT UNIT COST
f V, .: ,:...._,. s BbLe 8Em9YAL,2E.12EM �BQM,IM ;'UI $lraiil�E � v t .w
Farm Tractor w/Boxblade
Hour
$ 60.00
Feller Bunchers 611 Hydro-Ax or equivalent
Hour
$ 70.00
Forklift - Extends Boom with debris grapple
Hour
$ 60.00
Jetter Vac Truck
Hour
$120.00
Loader - Bobcat, 753 or John Deere 648-E with debris grapple or
equivalent
Hour
$125.00
$155.00
Loader - Front End, 544 or equal with debris grapple or equivalent
Hour
$180.00
Loader - Knuckleboom -216 Prentice or equivalent
Hour
$180.00
Loader - Self, Knuckle Boom Truck, 25-35 CY Body
Hour
$200.00
Loader - Self, Knuckle Boom Truck, 35-45 CY Body
Hour
$125.00
Loader - Skid Steer-753 Bobcat w/Bucket or equivalent
Hour
$125.00
Loader - Steer-753 Bobcat SOd with Street Sweeper or equivalent
Hour
$175.00
Loader - Towed w/Tractor, Prentice 210 or equivalent
Hour
$165.00
Loader - Wheel JD 644, or equivalent, with debris grapple or equivalent
Hour
$175.00
Loader - Wheel, Cat 955 or equivalent
Hour
$185.00
Loader - Wheel, Cat 966 or equivalent
Hour
165. 00
Loader - Wheel, JD 644, 2-3 CY Articulated w/Bucket or equivalent
Hour
$100.00
Log skidder-JD 648E, or equivalent
Hour
$120.00
$120.00
Motor Grader -CAT 125 - 140HP or equivalent
Hour
Pickup Truck - Unmanned
Hour
$ 20.00
Portable Light Plant
Hour
$ 30.00
Power Screen
Hour
$150.00
Loader -Self, Scraper CAT 623 or equivalent
Hour
$180.00
Stacking Conveyor
Hour
$ 60.00
Stump Grinder/ Vermeer 252 or equivalent
Hour
$ 90.00
Street Sweeper
Hour
$ 85.00
Sweeper —open air broom
Hour
$100.00
Trackhoe 690 J.D. or equivalent
Hour
$155.00
OKEECHOBEE COUNTY -DISASTER DEBRIS REMOVAL & DISPOSAL SERVICES
Unit Cost Fee Rate Schedule (Page 3 of 7)
DESCRIPTION OF SERVICE
UNIT
UNIT COST
Truck - 1 ton Pickup Day $ 70.00
Truck -1/2 ton Pickup
Day
$ 60.00
Truck - 3/4 ton Pickup
Day
$ 65.00
Truck - 6 Wheel Drive Heavy Off Roads
Hour
$250.00
Truck - Box
Day
$280.00
Truck - Service
Hour
$ 75.00
Truck - Supplies
Hour
$ 50.00
Truck - Water
Hour
$ 75.00
Utility Van
Day
$ 85.00
Other (List)
Other (List)
Other (List)
OKEECHOBEE COUNTY -DISASTER DEBRIS REMOVAL & DISPOSAL SERVICES
Unit Lost Fee Rate Schedule (Pa e 4 of 7
DESCRIPTION OF SERVICE UNIT UNIT COST
vE9Lf2,_UMOVALSEl V1SEI
Debris Removal from Event Site and Hauling to DMS 0-30 Miles.
Cy
$9.00
Debris Removal from Event Site and Hauling to Landfill or Final
Cy
Disposal Site* 0-30 Miles.
$12.95
Debris Removal from DMS and Hauling to Landfill or Final
Cy
$4.95
Disposal Site* 0-30 Miles.
Debris Removal from Event Site and Hauling to DMS 31-60 Miles.
Cy
$9.95
Debris Removal from Event Site and Hauling to Landfill or Final
Cy
$14.95
Disposal Site* 31-60 Miles.
Debris Removal from DMS and Hauling to Landfill or Final
Cy
$6.15
Disposal Site* 31-60 Miles.
Debris Removal from Event Site and Hauling to DMS 61+ Miles.
Cy
$10.95
Debris Removal from Event Site and Hauling to Landfill or Final
Cy
$16.95
Disposal Site* 61+ Miles.
Debris Removal from DMS and Hauling to Landfill or Final
$7,90
Disposal Site* 61+ Miles.
Cy
White Goods removal, segregation and disposal at approved
Item
$40.00
location*
HAZWASTE removal, segregation and packaging at DMS for
Pound
$7.95
disposal by others
Freon Management, Recycling and Disposal*
Per unit
35.00
Carcass Removal, Transportation and Disposal*
$1.95
Pound
(Removal of debris that will decompose such as animals or organic
Waterway Debris Removal
$125.00
Debris removal from canals, rivers, creeks, streams & ditches
Cy
Sand Collection and Screening
$16.90
Pick up, screen and return debris laden sand/mud/dirt/rock
Cy
Vessel Removal *From ROW*
Unit
$600.00
Demolition of Private Structure *Non-RACM*
Cy
$17.95
Vehicle Removal *From ROW*
Unit
$190.00
Electronic Waste
Removal of electronic debris that contain hazardous materials, such
$38.00
Unit
as cathode ray tubes. Includes computer monitors and televisions
Biowaste
Removal of waste capable of causing infection to humans
Pound
$9 95
(Animal waste, human blood, pathological waste)
*NOTE: Contractor will pay tipping fee or other disposal fee at final disposal site(s) and charge
Okeechobee at cost. All final disposal sites must be approved by Okeechobee County.
OKEECHOBEE COUNTY -DISASTER DEBRIS REMOVAL & DISPOSAL SERVICES
Unit Cost Fee Rate Schedule (Pale 5 of 7
DESCRIPTION OF SERVICE
JUNIT
JUN17 COST
ME OPfRA?4N& N99PM. �M
Hazardous Trees Removal 6" diameter to 12" diameter
Tree
$55.00
Hazardous Trees Removal>12" diameter to 24" diameter
Tree
$110.00
Hazardous Trees Removal>24" diameter to 36" diameter
Tree
$200.00
Hazardous Trees Removal >36" to 48"
Tree
$290.00
Hazardous Trees Removal >48"+
Tree
$350.00
Hazardous Limbs Removal >2"
Tree
$88.00
Hazardous Stumps Removal >24" — 36"
Stump
$190.00
Hazardous Stumps Removal >36" —48"
Stump
$280.00
Hazardous Stumps >48"+
Stump
$360.00
Stump Fill Dirt
Fill dirt forstump holes after removal
Cy
$16.95
Leaners and hangers are priced to cut & drop, Resulting debris will be hauled at ROW debris hauling rate.
DESCRIPTION OF SERVICE UNIT UNIT COST
Grinding
Cy
$3.00
Grinding/chipping vegetative debris
Air Curtain Burning
Cy
$2.10
Air Curtain Burning vegetative debris
Open Burning
Cy
Opening burning vegetative debris
$1.90
Compacting
Cy
Compacting vegetative debris
$2.45
Debris Management Site Management
Preparation, management and segregating at debris
Cy
$1.60
management site
OKEECHOBEE COUNTY -DISASTER DEBRIS REMOVAL & DISPOSAL SERVICES
Unit Cost Fee Rate Schedule JPage 6 of 7)
DESCRIPTION OF SERVICE UNIT UNIT COST
FINAL DISPOSAL
Tipping Fees (Vegetative)
Fee includes negotiated contract price or pass through amount for
CY
vegetative
PASS THROUGH
Tipping Fees (Mix)
PASS THROUGH
Fee includes negotiated contract price or pass through amount for mix
CY
Tipping Fees (C&D)
PASS THROUGH
Fee includes negotiated contract price or pass through amount for C&O
CY
DESCRIPTION OF SERVICE UNIT UNIT COST
Hay bales
Each
$12.50
Staked Silt Fence
LF
$6.95
Fill Dirt
CY
$16.95
Tree Protection, as required
LF
$8.00
Dewater, as required Up to 25 hp Pump
Hour
$250.00
Bagged Ice, 50/100 Ibs
per
$1.30 per 71b bag
Bottled Water, Palletized Truck Load
- Eb
$6.00 priced per case
Bulk Water, Tanker
Gal
$4.50
Water Tanker for Bulk Water, Tanker Priced for tanker per DAY
-Gai
$800.00
Light Tower w/Generator up to 5 kW
Day
$250.00
Office Trailer, 40 ft
Day
$600.00
Portable Toilet, Single
Day
$60.00
Portable Toilet, Single
Week
$420.00
OKEECHOBEE COUNTY -DISASTER DEBRIS REMOVAL & DISPOSAL SERVICES
Unit Cost Fee Rate Schedule (Page 7 of 71
DESCRIPTION OF SERVICE UNIT UNIT COST
Traffic Control Personnel
Hour
$ 34.00
Laborer
Hour
$ 30.00
Survey Person w/Truck
Hour
$ 55.00
Inspector w/Vehicle
Hour
$ 38.00
Chainsaw w/Operator
Hour
$ 40.00
Foreman w/Truck
Hour
$ 50.00
Superintendent w/Truck
Hour
$ 60.00
Climber w/Gear
Hour
$130.00
Mechanic w/Truck and Tools
Hour
$ 60.00
Ticket Writers / Individual
Hour
$ 30.00
Clerical / Individual
Hour
$ 30.00
Program Management Services — Professional
Hour
60.00
Program Management Services — Administrative
Hour
45.00
Other (List)
Hour
Other (List)
Hour
Other (List)
Hour
OKEECHOBEE COUNTY-DISAS"TER DEBRIS REMOVAL & DISPOSAL SERVICES