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HomeMy WebLinkAbout2013-121A coy, ?-013191A - �LOR'Ipp' CONTRACT DOCUMENTS AND SPECIFICATIONS FOR SECONDARY DEBRIS REMOVAL CONTRACT WITH OMNI PINNACLE , LLC BID NO . 2011040 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA JOSEPH E . FLESCHER , CHAIRMAN WESLEY S . DAVIS , VICE-CHAIRMAN COMMISSIONER TIM ZORC COMMISSIONER PETER D . O ' BRYAN COMMISSIONER BOB SOLARI JOSEPH A. BAIRD , COUNTY ADMINISTRATOR JEFFREY K. BARTON , CLERK OF COURT DYLAN REINGOLD , COUNTY ATTORNEY CHRISTOPHER R . MORA, PUBLIC WORKS DIRECTOR INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT 180127 TI STREET VERO BEACH FL 32960 gIVE�P INDIAN RIVER COUNTY PURCHASING DIVISION 180027 TH STREET Zy VERO BEACH FL 32960 ( 772 ) 226- 1416 FAX (772 ) 770- 5140 LpRi� INVITATION TO BID PROJECT NAME : INDIAN RIVER COUNTY DISASTER DEBRIS REMOVAL AND DISPOSAL CONTRACT BID NUMBER : 2011040 BID BOND REQUIRED . No PERFORMANCE BOND REQUIRED : YES PAYMENT BOND REQUIRED : YES REFER TECHNICAL QUESTIONS TO . CHRISTOPHER R . MORA , P . Es PUBLIC WORKS DIRECTOR TELEPHONE : ( 772 ) 226- 1379 E -MAIL : cmora [ i`goV . com REFER GENERAL TERMS & CONDITIONS QUESTIONS TO . JERRY DAVIS , PURCHASING MANAGER TELEPHONE : ( 772 ) 226= 1416 FAX : ( 772 ) 770 -5140 E -MAIL : purchasing (EDircgoV . com BID OPENING DATE . APRIL 20 , 2011 BID OPENING TIME . 2 : 00 PM ALL BIDS MUST BE RECEIVED IN THE PURCHASING DIVISION LOCATED AT 1800 27TH STREET , FLORIDA 32960 PRIOR TO THE DATE AND TIME SHOWN ABOVE . LATE BIDS WILL BE RETURNED UNOPENED . Page 1 of 30 F :\PublicWorks\Hurricane - Disaster Prepared ness\Hurricane 2013\Omni -Debris Removal Bid Doc 06- 11 - 13 .doc In r� In O N N N M M CO O M I�O O •— 00 O N N N O N a cei N N N N N N C4 CN N N N m � N N O O 0) 0) O O 0) 0) O O O O O m m mm m m m m m m m m m 0 m N O N it N N E m O 4` N Q_ C N C Q c a � U d cc O c O N 0 m � N � _ c ` i O m H ' ca O N � > W U O N O S m N O c n to :r m N O N O d Z m cu O c ° pp ° Q_ E _N U °: c o �o o U o c' N o LLo a� cCD 0 c U >, o � = cn g' O U E c U o c c Y I I ,� LV ;✓ E m J O C o > U m Q m _ N m > c � L L ta- Fm- Q CD m C� Q a !n m Q w w ADVERTISEMENT FOR BID Notice is hereby given that the Indian River County Board of County Commissioners is calling for and requesting bids for the following : Indian River County Bid #2011040 INDIAN RIVER COUNTY DISASTER DEBRIS REMOVAL AND DISPOSAL CONTRACT Indian River County is accepting sealed bids to support Indian River County in the management of debris resulting from but not limited to catastrophic events such as tropical storms , tornadoes and hurricanes . The Contractor shall clear and remove any and all " eligible" debris primarily from public right-of-way on County streets and roads . Detailed specifications for the above referenced bid are available from DemandStar. com at : ( 800 ) 711 - 1712 or may be downloaded from their web site at: www. demandstar . com . Detailed specifications may also be obtained from Indian River County Purchasing Division at : purchasing@ircgov . com . Deadline for receipt of bids has been set for 2 : 00 P . M . on April 20 , 2011 . Only bids received on or before the time and date listed will be considered . The Board of County Commissioners reserves the right to accept or reject any and all bids in whole or in part and to waive all informalities . PURCHASING MANAGER INDIAN RIVER COUNTY Publish : March 23 , 2011 For Publication in the Press Journal Indian River County Purchasing Division 1800 27th Street Vero Beach , FI 32960 Page 3 of 30 F : \Public Works\Hurricane - Disaster Preparedness\Hurricane 2013\Omni -Debris Removal Bid Doc 06- 11 - 13 . doc INDIAN RIVER COUNTY INSTRUCTIONS TO BIDDERS GENERAL TERMS AND CONDITIONS Sealed Bids and Envelope Markings : All bids shall be submitted in a sealed envelope . The outside of the envelope shall be clearly marked with the Sealed Bid # , Title of the Bid , Date of the Bid opening , and Time of the Bid Opening . Opening Location: It will be the sole responsibility of the bidder to deliver personally or mail their proposal to the office of the Indian River County Purchasing Division , 1800 27th Street , Vero Beach FL 32960 , on or before the closing hour and date shown for receipt of bids . Bids received in person or by mail after the stated time and date will not be considered . Bid Submission : All proposals must be signed with the legal Firm name and by an Officer or employee having authority to bind the company or firm by his / her signature . Proposals shall be submitted on forms provided by Indian River County . Bids not submitted on the attached form shall be rejected. An original bid and one copy shall be submitted unless otherwise instructed . Should one desire to submit two separate bids , photocopy the bid form provided and submit the separate bid on the reproduced form . Withdrawal of Bids: Bids may be amended or withdrawn only by written notice prior to the bid opening . Amendments must be sealed . Amendments or withdrawals received after the bid opening will not be effective , and the original bid submitted will be considered . Delivery Requirements: Delivery is " FOB Destination " unless delivery terms are specified otherwise in the Order. If County agrees in writing to reimburse Seller for transportation costs , County shall have the right to designate the method of shipment . In either case , the title and all risk of loss of the goods shall remain with the Seller until the goods received and accepted by the County . Rejected materials will be returned to Seller at the Seller' s risk and expense . Price and Discount Requirements : Quote net prices after deducting trade discounts . All discounts must be incorporated in the prices contained in the bid , and not shown separately . Invoices submitted must agree with the prices formally bid . Taxes: Indian River County is exempt from any taxes imposed by State and / or Federal Government . Exemption Certificates , if required , are to be furnished by the successful bidder and will be filled out by the County . Delivery and Completion Dates: Indicate delivery and completion dates . This may be a determining factor in the award of the bid . The County may at its option , grant additional time for any delay or failure to perform hereunder if the delay will not adversely affect the best interests of the County and is due to causes beyond the control of the Seller. Such grant must be in writing and made part of the Order. Irrevocable Offer: Bidder warrants by virtue of bidding that the prices quoted in this bid shall remain firm and be considered an irrevocable offer for a period of sixty (60) days , during which time one or more of the bids received may be accepted by Indian River County . Assignment/Delegation: No right, obligation or interest in the Order shall be assigned or delegated by the Seller without prior written consent of the County , without prejudice to County' s other rights and remedies . Page 4 of 30 F :\PublicWorks\Hurricane - Disaster Prepared ness\Hurricane 2013\Omni -Debris Removal Bid Doc W11 - 13. doc Consideration of Bids : Telegraphic , telephonic , or faxed bids will not be considered . Indemnification : The successful bidder shall agree to indemnify and save harmless Indian River County , its agents and employees , from and against all claims , suits , actions , damages , causes , or action or judgments arising out of the terms of the resulting agreement for any personal injury , loss of life , or damage to property sustained as a result of the performance or non- performance of services or delivery of goods , from and against any orders , judgments , or decrees , which may be entered against the County , its agents or employees ; and from and against all costs , attorney' s fees , expenses , and other liabilities incurred in the defense of any such claim , suit , or action , and the investigation thereof. Nothing in the award , resulting agreement , contract or Purchase Order shall be deemed to affect the rights , privileges , and immunities of the County as set forth in Florida Statute Section 768 . 28 . Royalties and Patents: The successful bidder shall pay all royalties and license fees for the equipment or processes in conjunction with the equipment their furnishing . Further, the bidder shall defend at their expense all suits , actions , or judgments alleging infringement on any United States Patent by reason of the use or resale of any piece of material furnished user and will save the County harmless from all expense of defending said suits and from all payments which may be assessed against the purchaser on account of such infringement . Public Access: The successful Bidder shall allow public access to all documents and materials in accordance with the provisions of Chapter 119 , Florida Statutes . Should the Seller assert any exemptions to the requirements of Chapter 119 , Florida Statutes , and related statutes , the burden of establishing such exemption , by the way of injunctive or other relief as provided by law, shall be upon the Seller. Records/Audit: The successful Bidder shall maintain books , records and documents pertinent to performance under this Order in accordance with generally accepted accounting principles consistently applied . The County shall have inspection and audit rights to such records for audit purposes during the term of the contract and for three years following the termination of obligations hereunder. Records which relate to any litigation , appeals or settlements of claims arising from performance under this Order shall be made available until a final disposition has been made of such litigation , appeals , or claims . Variations to Specifications: For purposes of evaluation , Bidder must indicate any variances from the specifications and / or conditions on the form provided with this Invitation to Bid . Otherwise , it will be assumed that the product or service fully complies with the specifications . Items specifically described as alternates shall be reviewed as an alternative bid to be considered by the County , in lieu of the primarily specified item (s) . However, item ( s) varying from the published specifications shall be considered substitutes , and the County reserves the right to consider or not to consider substitute bids . Substitutes shall be subject to disqualification if the County does not approve the substitution . Interpretations: No oral interpretations will be made to any Bidder as to the meaning of the Specifications . Every request for such an interpretation shall be made in writing , addressed and forwarded to Indian River County , ten ( 10) or more days before the date fixed for opening of the bids . The County shall not be responsible for oral interpretations given by any County employee . Every interpretation made to bidder will be in the form of an Addendum to the specifications , which if issued , will be sent promptly as is practical to all persons to whom specifications have been issued . All such Addenda shall become part of the specifications . Further, it shall be the responsibility of each bidder, prior to submitting their bid , to contact Indian River County' s Purchasing Division at (772) 226- 1416 to determine if addenda were issued and to make such addenda a part of their bid . Page 5 of 30 F :\PublicWorks\Hurricane - Disaster Preparedness\Hurricane 2013\Omni -Debris Removal Bid Doc 06- 11 - 13 . doc Default Provision : In case of default by the Bidder, Indian River County may procure the articles or services from other sources and hold the Bidder responsible for excess incurred thereby , and may take such action , as it deems appropriate , including legal action for Damages or Specific Performance , Manufacturer's Certification : Indian River County reserves the right to request from the Bidder a separate manufacturer's certification of all statements made in the proposal . Signed Bid Considered an Offer: This signed bid shall be considered an offer on the part of the Bidder. Indian River County Board of County Commissioners shall deem the offer accepted upon approval . Non Collusion : By signing and submitting the Bid Form , the Bidder certifies that , • This bid has been arrived at by the bidder independently and has been submitted without collusion , and without any agreement , understanding , or planned common course , or action with , any vendor of materials , supplies , equipment , or services described in the invitation to bid , designed to limit independent bidding or competition , and • The contents of the bid have not been communicated by the bidder or its employees or agents to any person not an employee or an agent of the bidder or its surety on any bond furnished with the bid , and will not be communicated to any such person prior to the official opening of the bid . • No attempt has been made or will be made by the bidder to induce any other person ( s ) or firm ( s) to submit or not to submit a bid for the purpose of restricting competition . Regulations: It shall be the responsibility of the bidder to assure compliance with any OSHA, EPA and / or other Federal or State of Florida rules , regulations , or other requirements , as each may apply . Applicable Law and Venue : This Order and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida , including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671 -679 F . S . , for any terms and conditions not specifically stated in this Order . Conflict of Interest: Any entity submitting a bid or proposal or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or a County Employee . The relationship with a County Commissioner or a County Employee that must be disclosed is as follows : father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son- in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. The term ' affiliate" includes those officers , directors , executives , partners , shareholders , employees , members , and agents who are active in the management of the entity . The disclosure of relationships shall be a sworn statement made on a County approved form . Failure to submit the form may be cause for rejection of the bid . Cancellation : It is the intention of Indian River County to purchase material and / or services from sources of supply that will provide prompt and convenient shipment and service . Any failure of the supplier to satisfy the requirements of the County shall be reason for termination of the award . Page 6 of 30 F : \Public Works\Hurricane Disaster Preparedness\Hurricane 2013\Omni -Debris Removal Bid Doc 06-11 - 13 .doc Errors: When an error is made in the bid extension of generating total bid prices or in any other process of completing the bid , the original unit prices submitted will govern . Carelessness in quoting prices , or in preparation of the bid otherwise , will not relieve the bidder. Bid Rejection: Failure to comply with all the above instructions may result in rejection of the bid . Bid Protest: Any actual or prospective bidder who is aggrieved in connection with the solicitation or proposed award of a contract may protest to the Purchasing Manger. The protest shall be submitted in writing within seven ( 7 ) calendar days after such aggrieved person knows or should have known the facts rise thereto . If the protest is not resolved by mutual agreement , the Purchasing Manager shall promptly issue a decision in writing , after consulting the Department and the Office of the County Attorney . Co-Operative Purchasing: It is the intent of the Invitation of Bid to secure goods or services to be used by Indian River County . However , by virtue of bidding , the bidder accepts the right of other Florida Governmental agencies to purchase from this bid proposal . The successful bidder and the requesting Governmental agency , apart from Indian River County , shall handle any such purchases separately . Further, Indian River County assumes no liability for materials or services ordered by any other Governmental agency by virtue of this bid . (Bidders that find this condition unsatisfactory should indicate this by showing exception on the Bid Form. ) Awards : The County reserves the right to make award (s) by individual item , aggregate or none , or a combination thereof; with one or more suppliers ; to cancel the bid , reject any and all bids or waive any minor irregularity or technicality in bids received . When it is determined there is no competition to the lowest responsive bidder, evaluation of other bids is not required . Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive . The County reserves the right to not make any award ( s) under this bid . Criteria for Award : A. Compliance to the specifications Be Delivery C . Warranty and Service Location D . Cost E . Public Entity Crime Form F . Disclosure Statement Termination by the County: The County reserves the right to terminate a contract by giving thirty (30) days notice , in writing , of the intention to terminate , if at any time the contractor fails to abide by or fulfill any of the terms and conditions of the contract . The County also reserves the right to terminate this contract for convenience of the County and / or with or without cause . Compliance with Laws and Regulations: Bidder agrees that they will comply with all Federal , State , and Local Laws and Regulations applicable to the production , sale , and delivery of the goods or the furnishing of any labor or services called for by this order, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference . Noncompliance may be considered grounds for termination of contracts . • Public Record Law: Correspondence , materials , and documents received pursuant to this Invitation for Bid become public records subject to the provisions of Chapter 119 , Florida Statutes . • Safety Standards : Unless otherwise stipulated in the bid , all manufactured items and fabricated assemblies shall comply with applicable requirements of the Federal Occupational Page 7 of 30 FAPublic Works\Hurricane - Disaster Prepared ness\H urricane 2013\Omni -Debris Removal Bid Doc 06- 11 - 13. doc Safety and Hazards Act ( OSHA) , American National Standards Institute Safety Standards , and any Florida standards there under. • Material Safety Data Sheets : In accordance with Chapter 442 , Florida Statutes , it is the seller' s duty to advise Indian River County if a product is a listed toxic substance and to provide a Material Safety Data Sheet ( MSDS ) at the time of delivery . Insurance. • Owners and Subcontractors Insurance: The contractor (the successful Bidder who is awarded the contract) shall not commence work until they have obtained all the insurance required under this section , and until such insurance has been approved by the owner, nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor' s work us covered by the protections afforded by the contractor' s insurance . • Worker's Compensation Insurance: The contractor shall procure and maintain worker's compensation and employer' s liability insurance to the extent required by law for all their employees to be engaged in work under this contract . In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker' s compensation statute , the contractor shall provide adequate coverage for the protection of such employees . The employer' s liability limits are set at $ 100 , 000 for each accident , $500 , 000 disease policy limit , and $ 100 , 000 disease each employee . • Public Liability Insurance: The contractor shall procure and maintain broad form commercial general liability insurance ( including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The owner shall be an additional insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be performed . Commercial General COMMERCIAL GENERAL ( PUBLIC ) LIABILITY, A. Premises / Operations OTHER THAN AUTOMOBILE B . Independent Contractors C . Products / Completed Operations $ 1 ,000 ,000 . 00 COMBINED SINGLE LIMIT FOR D . Personal Injury BODILY INJURY AND PROPERTY DAMAGE E . Contractual Liability F . Explosion , Collapses, and Underground Property Damage AUTOMOBILE A. Owner Leased Automobiles $ 1 ,000 , 000 . 00 COMBINED SINGLE LIMIT BODILY B . Non -Owned Automobiles INJURY AND DAMAGE LIABILITY C . Hire Automobiles • Proof of Carriage of Insurance: The contractor shall furnish the owner a certificate of insurance in a form acceptable to the owner for the insurance required . Such certificate or an endorsement provided by the contractor must state that the owner will be given thirty (30) days written notice prior to cancellation or material change in coverage . Copies of an endorsement-naming owner as Additional Insured must accompany the Certificate of Insurance . Indian River County reserves the right to accept or reject any or all bids in whole or in part and waive all formalities . Note: Any and all special conditions attached hereto, which may vary from these General Conditions, shall have precedence. Page 8 of 30 F : \PublicWorks\Hurricane Disaster Prepared ness\H urricane 2013\Omni -Debris Removal Bid Doc 06- 11 - 13 . doc GENERAL CONDITIONS Disaster Debris Removal and Disposal Contract SCOPE of SERVICES Disaster Recovery Contractors are sought to support Indian River County in the management of debris resulting from but not limited to catastrophic events such as tornadoes and hurricanes . The Contractor shall clear and remove any and all " eligible" debris ( See Exhibit B for definition of " eligible" debris ) primarily from public right-of-way on County streets and roads . Work will include the following : • Examine debris to determine whether or not debris is eligible , burnable or non burnable • Load the debris • Haul the debris to approved staging area , dumpsite or landfill • Process debris including sorting , grinding , mulching , or burning • Establish and operating temporary debris staging and processing sites • Provide project management services • Haul and dispose of reduced debris to permitted disposal site • Respond and repair damages resulting from Contractor' s work • Keep accurate records and provide copies to County if requested . • Assist Indian River County in FEMA reporting and reimbursement efforts Note : Contractor shall comply with all provisions contained in Appendix A. EXPENSES INCURRED This solicitation does not commit the County to pay any costs incurred in the preparation and submission of an offer in any form or to produce or contract for said services . INQUIRIES , INTERPRETATIONS , AND ADDENDA All firms are herby placed on notice that the County has designated Christopher R . Mora , P . E . , Public Works Director, as the liaison for this project . All requests for information regarding this bid must be submitted in writing at least 10 days prior to the bid due date to Mr. Mora at the Public Works Department , 1801 27th Street , Vero Beach , Florida 32960 . Email requests are acceptable , to be sent to : cmora@ircgov . com . RESPONDENT' S RESPONSIBILITY Before submitting a bid proposal , each Bidder shall make all investigations and examinations necessary to learn the conditions and requirements that may influence the performance of the services requested and the contract . Failure to make such investigations and examinations shall not relieve successful Bidder from the obligations to comply , in every detail , with all the provisions and requirements of the awarded contract nor shall it be a basis for any claim whatsoever for alteration in any condition of the awarded contract . ACCEPTANCE/REJECTION OF BID PROPOSALS The County reserves the right to reject any and all bid proposals with or without cause , to waive technical errors and informalities , or to accept that bid proposal or combination of bid proposals , which in the County' s sole and absolute judgment , best serves the public interest . BIDDER' S QUALIFICATIONS All Bidders' must complete the questionnaire following the bid form in order to be considered for bid award . The County reserves the right to reject the bids of unqualified or non -responsive Bidder's . Page 9 of 30 FAPublic Works\Hurricane - Disaster Preparedness\Hurricane 2013\Omni -Debris Removal Bid Doc 06- 11 - 13 . doc COOPERATION/COORDINATION The OWNER and its authorized representatives shall be permitted access at every facility or property for the inspection of all work . Work by OWNER : The County hereby reserves the right to perform activities in the area where work is being done under this contract with its own forces . Work by Other CONTRACTORS : The County hereby reserves the right to permit other CONTRACTORS to work within the area , which is the site of the work under this contract . Coordination: CONTRACTOR shall afford OWNER and other CONTRACTORS reasonable opportunity for the introduction and storage of their equipment , materials and the execution of their work concurrently , and shall properly coordinate its work with theirs in the best interest of the County . COMMENCEMENT OF WORK The work shall commence immediately upon receipt of a Notice to Proceed . The Contractor shall mobilize within 72 hours of receiving Notice to Proceed . PAYMENT AND PERFORMANCE BONDS Within three ( 3) normal workdays after receiving a Notice to Proceed from the County , the Contractor shall furnish the County with a Public Construction Bond in accordance with Florida Statutes Section 255 . 05 , each in the sum of five million dollars ( $5 , 000 , 000 . 00) . The Surety shall be authorized to issue surety bonds in Florida and be included in the most recent United States Department of Treasury List of Acceptable Sureties . One fully executed copy of each of the Payment Bond and the Performance Bond shall be recorded at the County Courthouse . The Performance Bond shall continue in effect for one ( 1 ) year after Substantial Completion and acceptance of the Work as a guarantee that the workmanship and materials are free from construction defects . Each Bidder shall submit evidence of bondability with their bid , documentation that the Bidder is capable of obtaining a bond in the sum of $5 , 000 , 000 . 00 . DEFECTIVE EQUIPMENT All equipment furnished or work performed , when not in accordance with the intent of these Specifications , shall be rejected and shall be removed immediately and replaced by suitable and satisfactory equipment . Failure to reject any defective work or equipment will not prevent later rejection when such a defect is discovered and shall not relieve the CONTRACTOR of his obligation to fulfill his contract even though such work and equipment have been previously inspected by the OWNER and accepted ; it shall not obligate the OWNER to final acceptance nor shall it prevent the OWNER in any time subsequent from recovering damages from work actually shown to be defective within a one ( 1 ) year period after the final acceptance . If the CONTRACTOR fails to remove any defective work or equipment, the OWNER shall have the right to stop work and remedy the cause at the expense of the CONTRACTOR . If the OWNER deems it expedient to accept minor imperfect work , the OWNER shall have the right to retain such work and an equitable deduction shall be made in the Contract price . Page 10 of 30 FAPublic Works\Hurricane - Disaster Prepared ness\Hurricane 2013\Omni -Debris Removal Bid Doc 06- 11 - 13. doc DAMAGE TO ROADWAYS RIGHTS -OF-WAY AND PRIVATE PROPERTY Until final acceptance of the work by the OWNER , it shall be under the charge and care of the CONTRACTOR and he shall take every necessary precaution against injury or damage to property by the action of the elements , or from any other cause whatsoever. The CONTRACTOR shall rebuild , repair, restore and make good , at his own expense , damages to any portion of properties before its completion and acceptance . Final Cleanup. Before the contract is considered complete , all rubbish and unused material due to , or connected with , the work must be removed and all premises , rights-of-ways , and lands left in a condition satisfactory to the OWNER . All property , public or private , disturbed or damaged , during the execution of the work shall be restored to its former condition . Final payment will be withheld until such work is accomplished . SAFETY AND PROTECTION Safety. The CONTRACTOR shall furnish and install alll necessary equipment and facilities for the protection of the workers and the safety of the public and shall carry on this work in a manner best calculated to avoid injury to the public or to the workers . Protection of Adjacent Property and Utilities : The CONTRACTOR shall conduct his work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through his operations . The CONTRACTOR shall take cognizance of all existing utilities and he shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional costs to the OWNER any breakage or damage caused by his operation . Should the OWNER be required to make such repairs , the cost of such repairs shall be deducted from the contract price . CONTRACT PERIOD This Contract shall be binding on the parties for a period beginning on the date of this Contract through December 31 , 2013 , by both parties unless terminated earlier in accordance with its terms . . The County may extend the term of this Contract for up to two (2) additional terms of twelve ( 12 ) months each on the same terms and conditions . REQUIRED NOTIFICATIONS The Contractor shall notify the County immediately upon any change in ownership or financial condition of the company . The County reserves the right to terminate any contract entered into between the County and an awarded Contractor if in the County' s sole and absolute judgment changes to the company' s ownership or financial condition renders the Contractor unable to perform the scope of services sought under this contract . The Contractor shall disclose future contractual obligation within the State of Florida or other Counties or Municipalities throughout the term of the contract and provide reasonable assurance that such obligations will not preclude the Contractor from meeting its obligations under this Contract. ADJUSTMENTS TO RATES Price adjustments will be made on an annual basis after the first 18-month term based on the consumer price index ( CPI ) . Unit prices shall be adjusted upward or downward annually to reflect changes in the CPI for all urban consumers for the South . Should the CPI be discontinued or substantially modified , an alternate index shall be chosen by mutual agreement of the Contractor and the County . Beginning on December 1 , 2012 and on each December 1 thereafter, the unit contract prices shall be adjusted to reflect the increase or decrease in the CPI for the immediately preceding twelve ( 12 ) month period of December to December. The Contractor shall notify the County in writing of increases that are based on the CPI , as provided in this section , no less than thirty ( 30) days prior to their implementation . Page 11 of 30 FAPublic Works\Hurricane - Disaster Preparedness\Hurricane 2013\Omni -Debris Removal Bid Doc 06- 11 - 13 .doc PAYMENT PROCEDURES Progress Payments: OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment at intervals not less than once each month during performance of the Work as provided below. 1 . Ninety percent ( 90%) of Work completed (with the balance being retainage) ; and 2 . Eighty percent (80 %) of cost of materials and equipment not incorporated in the Work but stored on the Project site (with the balance being retainage ) . Final Payment: Upon final completion and acceptance of the Work , OWNER shall pay the remainder of the Contract Price including any retainage as recommended by County Contract Administrator. ADMINISTRATION The County shall appoint a contract administrator for this contract with the authority to issue Notices to Proceed for Federal Public Assistance categories of work . All Notices to Proceed shall include a complete and comprehensive Scope of Work . The Contractor shall not initiate work if there is not a Scope of Work provided with the Notice to Proceed . AVAILABILITY OF FUNDS This Contract is for goods and services related to disaster response and recovery operations . Activation of this Contract will occur in anticipation of Federal and State Public Assistance funding . Page 12 of 30 F :\PublicWorks\Hurricane - Disaster Prepared ness\H u rricane 2013\Omni -Debris Removal Bid Doc 06- 11 - 13 . doc INDIAN RIVER COUNTY ct PURCHASING DIVISION 1800 27T11 STREET VERO BEACH FL 32960 ( 772 ) 226 1416 FAX ( 772 ) 770 - 5140 BID FORM SPECIFICATIONS FOR : HURRICANE DEBRIS REMOVAL AND DISPOSAL CONTRACT BID NUMBER : 2011040 BID OPENING DATE : APRIL 20 , 2011 , 2 : 00 PM BID OPENING LOCATION . PURCHASING DIVISION 1800 27TH STREET VERO BEACH FL 32960 THE UNDERSIGNS HEREBY CERTIFY THAT THEY HAVE READ AND UNDERSTAND THE CONTENTS OF THIS SOLICITATION AND AGREE TO FURNISH ALL LABOR , MATERIALS AND EQUIPMENT AT THE PRICES SHOWN BELOW SUBJECT TO ALL INSTRUCTIONS , CONDITIONS , SPECIFICATIONS , AND ATTACHMENTS HERETO , FAILURE TO HAVE READ ALL THE PROVISIONS OF THIS SOLICITATION SHALL NOT BE CAUSE TO ALTER ANY RESULTING CONTRACT OR REQUEST ADDITIONAL COMPENSATION , EACH UNIT PRICE SHALL INCLUDE AN AMOUNT CONSIDERED BY CONTRACTOR TO BE ADEQUATE TO COVER CONTRACTOR ' S OVERHEAD AND PROFIT FOR EACH SEPARATELY IDENTIFIED ITEM . BIDDERS ARE REQUESTED TO BID ON ALL ITEMS . Unit Price for Vegetative Debris Collection and Transportation to debris staging area provided by County : Six dollars and ninty-nine cents per cubic yard $ 6: 99 /CY $7 . 13 ( Unit Price Words ) Unit Price for Vegetative Debris Collection and Transportation to debris staging area provided by Contractor . Seven dollars and fifty cents per cubic yard $ =7: s9 /Cy $ 7 . 65 ( Unit Price Words ) Unit Price for Mixed Debris( ' ) Collection and Transportation to County Landfill Seventy-five dollars and zprn jets perton $ qs=. Be /TN $ 76 . 55 ( Unit Price Words ) Page 13 of 30 t- : \Purcbasing\Bids120iu- tui i F 'r j2011000j\2011040 Disaster Debris Kemovai and disposai Comracn2u1104u Hurricane Debris Removai Bid Doc doc Unit Price for Construction & Demolition Debris ( C & D ( 2 ) ) Collection and Transportation to County Landfill : F. Seventy- five dollars and zero cents Perton $ =�:00 /TN $ 76 . 55 ( Unit Price Words ) Unit Price for Mixed Debris ( ' ) Collection and Transportation to Contractor' s Staging Area for transport to Okeechobee Landfill Eight dollars and zero cents per cubic yard $ W8-.,Q9 / CY $8 . 16 ( Unit Price Words ) Unit Price for Construction & Demolition Debris ( C & D (2 )) Collection and Transportation to Contractor' s Staging Area for transport to Okeechobee Landfill : Seven dollars and fifty cents per cubic yard $ 1: 50 /CY $ 7 . 65 Unit Price for Transportation of Mixed Debris ( ' ) from Contractor' s Staging Area to Okeechobee Landfill ( cost associated with landfill disposal fees will be a pass-through cost , with the Contractor invoicing the County at actual cost , without any additional fees ) : Thirty dollars and zero cents per ton $ 3A: 9A /TN $ 30 . 62 ( Unit Price Words ) Unit Price for Transportation of Construction & Demolition Debris ( C & D (2 )) from Contractor's Staging Area to Okeechobee Landfill ( cost associated with landfill disposal fees will be a pass-through cost , with the Contractor invoicing the County at actual cost , without any additional fees ) : Thirty dollars and zero cents per ton $ 36766 /TN $30 . 62 ( Unit Price Words ) ( 1 ) Mixed Debris is primarily vegetation with building debris such as roofing, siding, insulation, dry wall, signage and other light construction debris. (2 ) C & D includes but is not limited to building debris such as roofing, siding, insulation, dry wall, signage, plywood, lumber fencing, and other miscellaneous construction debris. Unit Price for Vegetative Waste Consolidation (grinding & chipping ) at County or Contractor's site : Two dollars and seventy-five cents per cubic yard $ �.-:7sw /CY $2 . 81 ( Unit Price Words ) Unit Price for Hauling Mulch from County or Contractor's site to a State Approved Disposal Site provided by Contractor: Fifty Cents per cubic yard $ =5& /Cy $ . 51 ( Unit Price Words ) Unit Price for Providing Air Curtain and Burning Vegetative Debris at County or Contractor's site : Two dollars and fifty cents per cubic yard $ 2. 5& /CY $ 2 . 55 ( Unit Price Words ) Page 14 of 30 F \PurchasinglBids\2010- 2011 FY ( 2011000 )\2011040 Disaster Debris Removal and disposal Contract \2011040 Higrirane nebris P, en . ✓ a Bid Doc . doc Unit Price for Cutting Down , Removing and Disposing Hanging Limbs in Right - of-Way . Nine dollars and zero cents per cubic yard $ f?0 / CY $ 9 . 19 ( Unit Price Words ) Unit Price for Excavation , Removal , and Disposal of Stumps in Right - of-Way : Twelve dollars and zero cents per cubic yard $ +2�, fl0 / Cy $ 12 . 25 ( Unit Price Words ) Hazardous Waste Removal , Transport ; and Disposal : Ninty dollars and zero cents per 55 gal . barrel $ `� 06 / barrel $ 91 . 85 ( Unit Price Words ) Bio - hazardous Waste Removal , Transport , and Disposal : Four dollars and zero cents per pound $ 4: eb- / LB $4 . 08 ( Unit Price Words ) Dead Animal Collection , Transport , and Disposal : One dollar and fifty cents per pound $ lz % / LB $ 1 . 53 ( Unit Price Words ) COMPANY NAME : omni Pinnacle , LLC COMPANY ADDRESS : 90 Glen Court CITY , STATE Pearl River , LA ZIP CODE 70452 TELEPHONE : 985-863-2991 FAX _ 985-863-2845 CERTIFICATE OF COMPETENCY(3 ) : None FEIN NUMBER : 30-0305755 AUTHORIZED SIGNATURE : DATE : 4/19/2011 NAME : Brian Reine TITLE : Manager ( TYPE / PRINTED ) ( 3 ) There is no competency card requirement for debris removal, but there is for clearing of land. If Bidder does not have a Certificate of Competency, attach documentation on the qualifications of all key staff by position. Describe education, experience and training. Describe experience with Maintenance of Traffic, damage repairs, job site safety, protection of public, working with heavy equipment and removal of hazardous and bio-hazardous waste. Also, identify staff experience working with governmental entities and list those projects. PLEASE SUBMIT AN ORIGINAL AND ONE ( 1 ) COPY OF YOUR PROPOSED BID . Page 15 of 30 F \ Purchasing\Bids\2010- 2011 FY ( 2011000 )\2011040 Disaster Debris Rernoval and dsnncal rnniraro9n1104n Nurrwc ne nebr, s Removal Bid DucAm QUALIFICATION QUESTIONNAIRE INFORMATION REQUIRED OF ALL BIDDERS NOTICE : THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NOW RESPONSIVE BIDDERS . UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained . Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets are required . 1 . Bidder's Name /Address : omni Pinnacle , LLC 90 Glen Court , Pearl River , LA 70452 2 . Bidder's Telephone : 985-863-2991 & FAX Numbers 985-863-2845 3 . Licensing and Corporate Status : a . Is Contractor License Current? Yes b . Contractor's License No : CBC056646 (Attach copy to bid ) c . Attach documentation from State of Florida Division of Corporations that indicates the business entity' s status is active and that lists the names and titles of all officers . d . If Bidder is not a licensed Contractor, attach documentation on the qualifications of all key staff by position . Describe education , experience and training . Describe experience with Maintenance of Traffic , damage repairs , job site safety, protection of public , working with heavy equipment and removal of hazardous and bio-hazardous waste . Also , identify staff experience working with governmental entities and list those projects . 4 . Number of years the firm has performed business as a Contractor in work of the type involved in this contract : 20+ years 5 . What is firm 's bonding capacity? $ 40 Million 6 . Attach to this questionnaire , a notarized financial statement and other information that documents the firm 's financial strength and history . 7 . Attach a list of at least three (3 ) separate and verifiable clients . At least on of the client references shall be for a disaster recovery project . 8 . Attach a detailed description of the Contractor' s organizational structure , "chain of command " of Contractor's response team and project management methods . Provide the name and address of Subcontractors and detail the intended scope of their work . 9 . Attach a list of types and quantities of recovery equipment , availability of equipment , estimate of workload , and future commitments to other emergency response contracts . The Contractor must provide reasonable assurance that all equipment identified for disaster recovery will be available and are not contractually obligated to other projects . Page 16 of 30 F :\Purchasing\Bids\2010-2011 FY (2011000)\2011040 Disaster Debris Removal and disposal Contract\2011040 Hurricane Debris Removal Bid Doc.doc 10 . Attach a list of all contractual obligations within Florida for similar disaster recovery services and provide reasonable assurance that such contracts will not interfere with or preclude the Contractor from responding to the County with Contractor' s full force of manpower and equipment . The Contractor shall disclose future contractual obligation within the State of Florida throughout the term of the contract and provide reasonable assurance that such obligations will not preclude the Contractor from meeting its obligations under this Contract . 11 . Attach a mobilization plan that outlines the Contractor' s mobilization procedures following a disaster event . This outline should include a breakdown of the time required to perform each mobilization task including the time required to mobilize the Contractor' s forces , time to mobilize equipment , time required to mobilize subcontractors , and time to set up debris staging areas . 12 . PLEASE MARK ORIGINAL AS " ORIGINAL " AND COPY AS " COPY" Page 17 of 30 F:\Purchasing\Bids\2010-2011 FY (2011000)\2011040 Disaster Debris Removal and disposal Contract\2011040 Hurricane Debris Removal Bid Doc. doc ( PLEASE INCLUDE THIS FORM WITH YOUR BID AFFIDAVIT OF COMPLIANCE IRC Bid # 2011040 for Indian River County Disaster Debris removal and Disposal Contract X❑ We DO NOT take exception to the Bid / Specifications . ❑ We TAKE exception to the Bid / Specifications as follows : Company Name : Omni Pinnacle , LLC Company Address : 90 Glen Court , Pearl River , LA 70452 Telephone Number : 985-863-2991 Fax: 985-863-2845 E- mail : omnip@omnipinnacle . com Authorized Signature : Date : 4/19/ 2011 Name : Brian Reine Title : Manager (Typed / Printed ) Page 18 of 30 17 :\Purchasing\Bids\2010-2011 FY (2011000)\2011040 Disaster Debris Removal and disposal Contract\2011040 Hurricane Debris Removal Bid Doc.doc PUBLIC ENTITY CRIMES Pursuant to Florida Statutes Section 287 . 133 (2 ) (a ) , all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid , proposal , or reply on a contract to provide any goods or services to a public entity ( defined as the State of Florida , any of its departments or agencies , or any political subdivision ) ; may not submit a bid , proposal , or reply on a contract with a public entity for the construction or repair of a public building or public work ; may not submit bids , proposals , or replies on leases of real property to a public entity ; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287 . 017 for CATEGORY TWO [currently $ 25 , 000] for a period of 36 months from the date of being placed on the convicted vendor list . A " public entity crime " means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States , including , but not limited to , any bid , proposal , reply , or contract for goods or services , any lease for real property , or any contract for the construction or repair of a public building or public work , involving antitrust , fraud , theft , bribery , collusion , racketeering , conspiracy , or material misrepresentation . REQUIRED CONTRACT PROVISIONS FOR FEDERAL -AID CONSTRUCTION CONTRACTS This is a Federal -Aid Project . The Contractor will comply with the wage rates established by the U . S . Department of Labor that are in affect at the time the work is performed . Davis. Bacon wage determinations are to be used in accordance with the provisions of Regulations , 29 CFR Part 1 , Part 3 , and Part 5 . The Contractor will also comply with Affirmative Action to ensure equal employment opportunity ( Executive Order 11246 ) . The goals and timetables for minority and female participation , expressed in percentage terms for the Contractor's aggregate workforce , shall be established for the geographic area where the work is actually performed . The contractor shall keep such records as necessary to document compliance with wage rates and EEO requirements . Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the County , FHWA and FEMA . Page 19 of 30 F :\Purchasing\Bids\2010-2011 FY (2011000)\2011040 Disaster Debris Removal and disposal Contract\2011040 Hurricane Debris Removal Bid Doc. doc SWORN STATEMENT UNDER SECTION 105 . 08 , INDIAN RIVER COUNTY CODE , ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . 1 . This sworn statement MUST be submitted with Bid , Proposal or Contract No . 2011040 for Disaster Debris Removal & Disposal Contract 2 . This sworn statement is submitted by : Omni Pinnacle , LLC ( Name of entity submitting Statement) whose business address is : 90 Glen Court , Pearl River , LA 70452 and its Federal Employer Identification Number ( FEIN ) is 30-0305755 3 . My name is Brian Reine ( Please print name of individual signing ) and my relationship to the entity named above is Manager 4 . 1 understand that an " affiliate" as defined in Section 105 . 08 , Indian River County Code , means : The term "affiliate " includes those officers , directors , executives , partners , shareholders , employees , members , and agents who are active in the management of the entity . 5 . 1 understand that the relationship with a County Commissioner or County employee that must be disclosed as follows : Father, mother, son , daughter, brother, sister, uncle , aunt , first cousin , nephew, niece , husband , wife , father-in -law, mother-in -law , daughter-in-law, son-in -law, brother-in-law, sisterAn-law, stepfather, stepmother, stepson , stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild . Page 20 of 30 F :\Purchasing\Bids\2010-2011 FY (2011000)\2011040 Disaster Debris Removal and disposal Contract\2011040 Hurricane Debris Removal Bid Doc.doc 6 . Based on information and belief, the statement , which I have marked below , is true in relation to the entity submitting this sworn statement . [ Please indicate which statement applies . ] X Neither the entity submitting this sworn statement, nor any officers , directors , executives , partners , shareholders , employees , members , or agents who are active in management of the entity , have any relationships as defined in section 105 . 08 , Indian River County Code , with any County Commissioner or County employee . The entity submitting this sworn statement, or one or more of the officers , directors , executives , partners , shareholders , employees , members , or agents , who are active in management of the entity have the following relationships with a County Commissioner or County employee : Name of Affiliate Name of County Commissioner Relationship or entity or employee —T ( Signature ) 4/19/2011 ( Date ) STATE OF L C « S y4 � COU TYOF S 44 The foregoing instrument was acknowledged before me this ��day of , 2011 , by 71 '4 ��1 N , who is personally known to me or who has produced L I r v Cie L,` e � fv ,S s identification . ip NOT RY ' BLIC SIGN : 7-/ '`'2�j PRINT: Notary Public, State al lame My Commission Expires : Q ' ,5:: Darlene Y Hudson NoWypubq SLTnmwh► P&M41.A ( Seal ) #41828 COrMllflb dMW for LKe Page 21 of 30 F :\Purchasing\Bids\2010-2011 FY (2011000)\2011040 Disaster Debris Removal and disposal Contract\2011040 Hurricane Debris Removal Bid Doc.doc AVER a z LOR19 D D O o THIS CHECKLIST IS PROVIDED TO ASSIST EACH BIDDER IN PREPARATION OF THEIR BID RESPONSE . THIS CHECKLIST IS ONLY A GUIDELINE IT IS THE RESPONSIBILITY OF EACH BIDDER TO READ AND COMPLY WITH THE INVITATION TO BID IN ITS ENTIRETY. ✓ Is the Invitation to Bid Form completed and signed ? ✓ All price extensions and totals have been reviewed for accuracy? ✓ Is the Affidavit of Compliance completed , signed , and attached ? ✓ Is the Warranty Information Form completed and attached ( if applicable) ? ✓ Is the Disclosure of Relationship Sworn Statement completed , signed , notarized , and attached ? ✓ Is each Bid Addendum ( if issued ) signed and included with the Invitation to Bid Form ? ✓ Is the Trench Safety Form completed and attached ( if applicable ) ? ✓ Is the Bid # , Bid Title , and Bid Opening Date & Time marked clearly on the outside of the envelope ? ✓ Is your company' s name and address clearly printed on the outside of the envelope ? ✓ Is the Invitation to Bid Form submitted in duplicate ? ✓ Is the original marked " ORIGINAL" and is the copy marked " COPY" ? ✓ Is all of the above in the envelope and is the envelope sealed ? If you have any questions about submission of the Invitation to Bid Form , please contact the Indian River County Purchasing Division at ( 772) 226- 1416 or by Fax at (772 ) 770-5140 or via & mail at purchasing@ircaov . com Thank you for your interest ! Page 22 of 30 F :\Public Works\Hurricane - Disaster Prepared ness\H u rrica ne 2013\Omni -Debris Removal Bid Doc 0& 11 - 13 . doc i AGREEMENT THIS AGREEMENT made and entered into this day of , 2013 , } by and between hereinafter called the CONTRACTOR and INDIAN RIVER COUNTY herein called the OWNER . WITNESSED : That whereas , the OWNER and the CONTRACTOR for the consideration hereinafter named agree as set forth below : Article 1 . SCOPE OF WORK As per specifications of advertised and sealed bid in Indian River County Bid # 2011040 for Indian River County Disaster Debris removal and Disposal Contract: OWNER desires to purchase certain goods and services as more specifically set forth in Exhibit B attached hereto and made a part hereof from Contractor on the terms and conditions set forth herein , and at the unit prices set forth in the Bid Form attached hereto and made a part hereof. This Agreement constitutes a binding Contract when signed by the OWNER and accepted by the CONTRACTOR , either by execution of this AGREEMENT , or by commencement or rendering of services without reservations . Article 2 . NOTICE TO PROCEED The CONTRACTOR shall not commence work until it receives a written Notice to Proceed from the OWNER . The CONTRACTOR shall commence work within the time frames established in Exhibit B for the type of service or project requested after receiving the Notice to Proceed unless the Notice to Proceed indicates otherwise . Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . The OWNER and CONTRACTOR agree to maintain records , invoices , and payments for the work . The CONTRACTOR shall provide Performance Bonds for all work in this Agreement . All work under this Contract shall be done to the satisfaction of the OWNER , who shall in all cases determine the amount , quality , fitness , and acceptability of the several kinds of work and materials which are to be paid for hereunder , and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR , and his decision thereon shall be final and conclusive ; and such determination and decision , in case any question shall arise , shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder . Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction , including appeal , if any , may be eliminated therefrom ; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein . Article 4 . QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract , based on the items of work set forth in the CONTRACTOR ' S Bid Form , Page 23 of 30 C :\Documents and Settings\jhyde\Local Setting s\Tempora ry Internet Files\Content.0utlook\2UOPECNZ\Omni -Debris Removal Bid Doc 06- 11 - 13 .doc s The CONTRACTOR ' s price at the time of delivery of goods and services will be : a) the price set forth on the Bid Form ; and b ) when not delineated on the Bid Form , the prices established in the version of the FEMA rate structures applicable when the CONTRACTOR is given Notice to Proceed . The CONTRACTOR , by June 1 of each year, shall notify the COUNTY in writing of any proposed price schedule changes with justification for each change . The COUNTY will either accept the proposed changes or decline to accept the price changes within thirty ( 30) days and ask for negotiation . Article 5 . PAYMENT PROCEDURES Progress Payments: OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR' s Applications for Payment at intervals not less than once each month during performance of the Work as provided below. 1 . Ninety percent ( 90 % ) of Work completed (with the balance being retainage ) ; and 2 . Eighty percent (80% ) of cost of materials and equipment not incorporated in the Work but stored on the Project site (with the balance being retainage) . Final Acceptance and Payment: When the work provided for under this contract has been completed , in accordance with the terms thereof, a payment request in the amount of such work shall be prepared by the CONTRACTOR , and filed with the OWNER within fifteen days after the date of completion . In accordance with the Florida Prompt Payment Act , after final acceptance by the OWNER , the OWNER shall make payment to the CONTRACTOR in the full amount . PAYMENT and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract. Article 6 . THE CONTRACT DOCUMENTS The General Terms and Conditions , Invitation to Bid Form , Qualification Questionnaire , Special Provisions - Disaster Debris Removal and Disposal Services ( Exhibit B ) , Insurance Requirements ( Exhibit A) , Performance and Payment Bonds , together with this Agreement, form the Contract , and are fully a part of this Contract as if included herein . Article 7 . VENUE This agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County , Florida , or in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . Article 8 . CONTRACT PERIOD This Contract shall be binding on the parties for a period beginning on the date of this Contract through December 31 , 2013 , by both parties unless terminated earlier in accordance with its terms . . The County may extend the term of this Contract for up to two (2) additional terms of twelve ( 12 ) months each on the same terms and conditions . Page 24 of 30 CADocuments and Settings\jhyde\Local Settings\Temporary Internet Files\Content.Outlook\2UOPECNZ\Omni -Debris Removal Bid Doc 06- 11 -13 . doc IN WITNESS WHEREOF , OWNER and CONTRACTOR have signed this Agreement in duplicate . One counterpart each has been delivered to OWNER and CONTRACTOR . All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on July 2nd 2013 (the date the Contract is approved by the Indian River County Board of County Commissioners , which is the Effective Date of the Agreement) . OWNER : CONTRACTOR: INDIAN RIVER COUNTY OMI PINNACLE LLC t By : By : Jo eph E . FlesEher, Chairman Brian Reine (Contractor) By : ( CORPORATE SEAL) &S ph A. B ird , tounty Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY : By : Dylan Reingold , County Attorney Address for giving notices : 90 Glen Court Jeffrey R . Smith , Clerk of Court and Comptroller Pearl River , LA 70452 License No . Attest: (Where applicable) Deputy Clerk (SEAL ) Agent for service of process : Brian Reine a•a� GM�I.OII I.N N. p /�� n•, ay'" pMMIS N +,Jam .`. . F�•.4• ( If CONTRACTOR is a corporation or a partnership , attach evidence of authority to sign . ) T i 9 3 i E f • ' 4 • . OQf 4 • NO NNN N N %too •N' Page 25 of 30 C :1Documents and Settings\jhyde\Local Settings\Temporary Internet Files\Content. Outlook12UOPECNZ\Omni - Debris Removal Bid Doc 06- 11 -13 .doc x EXHIBIT A INSURANCE REQUIREMENTS 1 . 0 INSURANCE : lei CONTRACTORS and SUBCONTRACTORS Insurance : The CONTRACTOR shall not commence work until he has obtained all the insurance required under this section , and until such insurance has been approved by the OWNER , nor shall the CONTRACTOR allow any SUBCONTRACTOR to commence work until the SUBCONTRACTOR has obtained the insurance required for a CONTRACTOR herein and such insurance has been approved unless the SUBCONTRACTOR 's work is covered by the protections afforded by the CONTRACTOR' s insurance . 1 . 2 Worker' s Compensation Insurance : The contractor shall procure and maintain worker' s compensation and employer' s liability insurance to the extent required by law for all their employees to be engaged in work under this contract . In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker' s compensation statute , the contractor shall provide adequate coverage for the protection of such employees . The employer' s liability limits are set at $ 100 , 000 for each accident , $ 500 , 000 disease policy limit, and $ 100 , 000 disease each employee . 1 . 3 Public liability Insurance : The contractor shall procure and maintain broad form commercial general liability insurance ( including contractual coverage) and commercial automobile liability insurance in 3 amounts not less than shown below . The owner shall be an additional insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be performed . Commercial General $ 1 , 000 , 000 combined liability single limit for ( other than automobile) bodily injury and property damage A) Premises/Operations B ) Independent Contractors C ) Products/Completed Operations D ) Personal Injury E ) Contractual liability F ) Explosion , collapses and underground property damage Commercial Automobile $ 1 , 000 , 000 Combined and Damage liability single limit for Bodily Injury and Property Damage A) Owned/leased Automobiles B ) Non-Owned Automobiles C ) Hired Automobiles 1 . 4 Proof of Carriage of Insurance : The CONTRACTOR shall furnish the OWNER a certificate of insurance in a form acceptable to the OWNER for the insurance required . Such certificate or an endorsement provided by the CONTRACTOR must state that the OWNER will be given thirty ( 30 ) days written notice prior to cancellation or material change in coverage . Copies of an endorsement- naming OWNER as Additional Insured must accompany the Certificate of Insurance . END OF EXHIBIT A s Page 26 of 30 CADocuments and SettingsljhydelLocal SettingslTemporary Intemet FlleslContent. 0utlook12U0PECNZIOmni -Debris Removal Bid Doc 06= 1143. doc { ACORO® DATE (MMIDD/YYYI� CERTIFICATE OF LIABILITY INSURANCE 6 / 5 / 2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement (s). CONTACT PRODUCER Holly Martino Ellsworth Corporation PNONE ( 504 ) 455 - 4545 jAnsFAX . ( 504) 888- 6645 -MAIL HollyNgelieMorthcorporation . com 3636 S . I - 10 Service Rd PRODUCER P . o . Box 8210 00001158 Metairie LA 70011 - 8210 INSURERS AFFORDING COVERAGE NAICN INSURED INSURER A : Scottsdale Insurance Coo 1297 INSURER B :HOuston Specialty Insurance 2936 Omni Pinnacle , LLC INSURER C :La Workers COM COKPO Men 90 Glen Court INSURER D Westchenter Surplus Lines Ins . INSURER E Pearl River LA 70452 COVERAGES CERTIFICATE NUMBER:13 - 14 UPDATED Maxtor REVISION NUMBER: 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 E PY PAID CY EXIMS, BRIuMITs MEN INSR LTR TYPE OF INSURANCE POLICY NUMBER OENERALLIABIUTY EACH OCCURRENCE $ 11000100 ( X COMMERCIAL GENERAL LIABILITY PREMISES (EaoccrxreII i 50 , 001 A CLAIMS-MADE � OCCUR X X PS1771449 / 1 / 2013 / 1 /2014 MED EXP An one arson $ 5 , 0eeeeee 01 IIIIIIIIIAMIPERSONAL & ADV INJURY $ 11000 , 001 GENERAL AGGREGATE $ 2 , 000 , 00 PRODUCTS - COMPIOP AGG $ 2 , 000 , 00 , [GEN'L AGGREGATE LIMIT APPLIES PER: S X POLICY F71 PRO- LOC COMBINED SINGLE LIMIT $ 11000 , 00 AUTOMOBILE LIABILITY (Ea accident) X ANY AUTOBODILY INJURY (Per person) S SLR180041902 /1 /2013 /1 /2014 B ALL OWNED AUTOS X X BODILY INJURY (Per aocideM) S SCHEDULED AUTOS PROPERTY DAMAGE S (Per accident) Hift AUTOS S NON-OWNED AUTOS S EACH OCCURRENCE S 5 , o00 , 00 X UMBRELLA LIAR X OCCUR 5 QQQ QQ EXCESS LIAR C •M LAIMSADE AGGREGATE $ $ DEDUCTIBLE X X 50029892 / 1 /2013 / 1 /2014 S A RETENTION S MWEENII WC STATU- OTH- C WORKERS COMPENSATION X Includes Bkt Alternate X AND EMPLOYERS' LIABILITYYIN loyer 6 INDS E.L. EACH ACCIDENT $ 1 000 0 ( ANY PROPRIETORIPARTNERIEXECUTIVE � 9 / 21 / 2012 / 21 / 2013 OFFICERIMEMBER EXCLUDED' N / A 42759 E.L. DISEASE - EA EMPLOYE $ 1 000 O ( (Mandatory In NH) H yes, describe under E.L. DISEASE - POLICY LIMIT $ 0 DESCRIPTION OF OPERATIONS below 21000 , 04 D Contractors Pollution 24393343001 / 1 /2013 / 1 / 2011 LIMIT: per occ+ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, H more space Is required) RE : BID NO . : 2011040 INDIAN RIVER COUNTY DISASTER DEBRIS REHIOVAL AND DISPOSAL CONTRACT . The above policies have been endorsed to provide the Certificate Holder with 30 Days Written Notice of Cancellation < material change in coverage . GL and Auto Liability policies provides Blanket Additional Insured and Blanket Waiver of Subrogation only as requires CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED Ih ACCORDANCE WITH THE POLICY PROVISIONS. Indian River County 11 11 Me Me WIN Purchasing Division AUTHORIZED REPRESENTATIVE 1800 27th Street Vero Beach , FL 32960 - Holly Martino /HM ACORD 25 ,(2009109) © 1988-2009 ACORD CORPORATION. All rights reserw , s1eA,a ,,,,,,,o,,,, The ACORD name and logo are registered marks of ACORD COMMENTSIREMARKS en contract , per policy wording . Workers Compensation policy provides Blanket Waiver of Subrogation and Blanket Alternate Employer only as required by written contract , per policy wording . COPYRIGHT 2000 , AMS SERVICES INC . OFREMARK POLICY NUMBER : HSLR18-00419- 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS , LESSEES OR CONTRACTORS - WITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT This endorsement modifies insurance provided under the following : COMMERCIAL AUTO COVERAGE PART The following is added to SECTION II - LIABILITY COVERAGE , . in Section II - Liability , subsection 1 - Who Is An Insured : Who Is An Insured Any person(s) or organization(s) for whom you are performing operations is also an additional insured , if you and such person(s) or organization (s) have agreed in writing in a contract or agreement that such person (s ) or organization(s) be included as an additional insured on your policy , Such person (s) or organization(s) is an additional insured only with respect to liability caused, in whole or in part, by : a. Your acts or omissions, or b. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured . A person's or organization's status as an Insured under this endorsement ends when your operations for that insured are completed or the contractor's agreement is terminated All other terms and conditions remain unchanged . Blanket as Required by Written Contract At CA 0001 (03 -01 ) AL ABILITY COMMERCIAL GEN CG 20133 04 `13 THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY . ADDITIONAL INSURED - OWNERS , LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART ditional insureds, the following additional exclu - A . Section II - Who Is An Insured is amended to Be With respect to the insurance afforded to these ado A * as an additional insured any person o e re sions apply : ganization for whom you are performing op I to : tions when This insurance does not appy you and such person or organization ro " or "personal that such person or organization be added as an have agreed in writing in a contract or agreement 1 "Bodily injury�� , ��p Part Y damage and advertising injury" arising out of the renew additional of, or the failure to render, any profes- additional insured on your policy . Such person or sional architectural , engineering or surveying organization is an additional insured only with re - spect to liability for "bodily injury", "property dam- services , including : age" or "personal and advertising injury" caused , in a , The preparing , approving , or failing to whole or in part , by : prepare or approve , maps, shop drawo l . cts or omissions; or Ings, opinions, reports, surveys, field or- Your aders, change orders or drawings and 2 . The acts or omissions of those acting on your specifications; or behalf; . Supervisory , inspection , architectural or b in the performance of your ongoing operations for engineering activitiesp the additional insured . However , the insurance afforded to such additional This exclusion applies even if the claims against insured : any insured allege negligence or other wrongdoing lies to the extent permitted by law ; in the supervision , hiring , employment , training or 1 . Only app monitoring of others by that insured , if the "occur- and rence" which caused the "bodily injury" or "prop - 2 . Will not be broader than that which you are re- erty damage", or the offense which caused the quired by the contract or agreement to provide "personal and advertising injury", involved f the real no for such additional insured . dering of or the failure to render any p A person' s or organization' s status as an addi- architectural , engineering or surveying services , tional insured under this endorsement ends when your operations for that additional insured are completed . Page 1 of 2 CG 20 33 04 13 Copyright , Insurance Services Office , Inc . , 2012 INSURED I l 2 . "Bodily injury" or "property damage" occurring C . With respect to the insurance afforded to these additional insureds, the following is added to Seca after: tion III - Limits Of Insurance : a . All work , including materials, parts or The most we will pay on behalf of the additional in equipment furnished in connection with - sured is the amount of insurance : such work, on the project (other than serv- ice , maintenance or repairs) to be per- i . Required by the contract or agreement you formed by or on behalf of the additional have entered into with the additional insured ; insured (s) at the location of the covered or operations has been completed ; or 20 Available under the applicable Limits of Insur- b . That portion of "your work" out of which ance shown in the Declarations; the injury or damage arises has been put whichever is lesse to its intended use by any person or or- licable ganization other than another contractor This endorsement shall not increase the app or subcontractor engaged performing the limits of Insurance shown in the Declarations, operations for principal as a part same project . Page 2 of 2 Copyright , Insurance Services Office , Inc . , 2012 CG 20 33 04 13 June 18 , 2013 C2C Crump Holly Martino Ellsworth Corporation P O Box 8210 Metairie , LA 70011 =8210 RE : Omni Pinnacle LLC POLICY NO . CPS1771449 Dear Holly , Attached are the following documents on the captioned . Endt # 001 Invoice Please review and advise if there are any changes or corrections to be made . Sincerely , Kenneth Connell CRCICrump 3300 W. Esplanade Ave . , Suite 600 , Metairie , Louisiana 70002-7406 TEL : 504-833-2002 WAIS : 800-462-9618 FAX: 504-8334422 WEB : www. crumpins . com SCOMDALE INSURANCE COMPANY® CHANGE ENDORSEMENT NO . oas Policy No . CPS 17 7 14 4 9 Effective Date 0 6 / 0 5 / 2 01 3 12 : 01 A . M . Standard Time Named Insured OMNI PINNACLE , LLC Agent No . 17013 C 0 V E RAG E PART I N F 0 R M ATIO N - CoveragepartsaffectedbythischangeasindicatedbyX❑ below . ❑ Commercial Property Fx Commercial General Liability NO CHARGE Commercial Crime ❑ Commercial Inland Marine CHANGE DESCRIPTION IN CONSIDERATION OF THE PREMIUM CHARGED , IT IS HEREBY UNDERSTOOD AND AGREED THAT : A 30 DAY NOTICE OF CANCELLATION IS ADDED TO THE POLICY PER THE ATTACHED FORMS . PREMIUM CHANGE Additional $ Return $ �'' • / C� � 06 / 12 / 2013 LC AUTHORIZED REPRESENTATIVE DATE UTS-244L (6-92) INSURED SCOTTSDALE INSURANCE COMPANY" SCHEDULE OF FORMS AND ENDORSEMENTS Policy No . CPS 17 7 14 4 9 Effective Date : 06 / 05 / 2013 12 : 01 A . M . , Standard Time Named Insured OMNI PINNACLE , LLC Agent No , 17013 UTS - SP - 2 12 - 95 Schedule Of Forms and Endorsements COMMON FORMS UTS - 3g 3 - 92 Change Endt UTS - 244L 6 - 92 Change Endt ADDITIONAL FORMS UTS•SP-2 ( 12-95) INSTJRED ENDORSEMENT SCOTTSDALE INSURANCE COMPANY N O . A ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (12 ;01 A . M . STANDARD TIME ) NAMED INSURED AGENTNO , POLICY NUMBER CPS1771449 06 / 05 / 2013 OMNI PINNACLE , LLC 17013 30 DAY NOTICE OF CANCELLATION ANY PERSON OR ORGANIZATION LISTED BELOW WILL BE PROVIDED A 30 DAY NOTICE OF CANCELLATION , EXCEPT IN THE CASE OF CANCELLATION FOR NON - PAYMENT , WHERE A 10 DAY NOTICE OF CANCELLATION WILL BE GIVEN : INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27TH STREET VERO BEACH , FL 32960 06 / 12 / 2013 LC AUTHORIZED REPRESENTATIVE DATE INSURED UTS-3 g (3-92 ) EXHIBIT B SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES A . The Contractor shall collect , remove , transport , and process disaster debris to the Indian River County Solid Waste Landfill at 1325 74`h Avenue S . W. , Vero Beach , Florida 32968 or other Facilities or properties within Indian River County , as APPROVED OR directed by the County . B . Collection of debris shall include identification , assessment and removal of hazardous materials , hazardous wastes , bio- hazardous wastes , dead animals , and hazardous stumps . C . Collection and removal of debris shall include clearing limits of right-ofway . Trees located on private property that have fallen into the right-of4ay shall be cut off at the right-of-way line and removed . D . Eligibility of stumps and hanging limbs must be determined on a case- by-case basis by a FEMA inspector . E . Trees and limbs in contact or close proximity to Utility lines shall not be removed until the Utility Company has removed or relocated their facilities . F . Processing of debris shall include the establishment and operation of multiple temporary debris- staging areas/processing-sites throughout Indian River County where collected debris may be sorted , recycled , ground , mulched , burned , or otherwise segregated for transport and disposal to the Indian River County Solid Waste Landfill or other approved disposal facilities . G . Eligibility of debris is determined by FEMA . Contractors do not have the authority to make eligibility determinations . Generally , disaster- related debris located on public property and in public rights-of- way is eligible for FEMA reimbursement . Eligible disaster debris may include downed trees and other woody debris ; sand , silt , mud and gravel ; building wreckage ; and vehicles in the right-of4ay . H . Debris on private property generally is not eligible for FEMA funding , but disaster- damaged personal property may be moved to the curbside to be picked up by an eligible Applicant . Debris from a commercial business or resulting from work performed by a private contractor is not eligible and may not be moved to the curbside for pick up . I Disposal of debris shall include any reduction , separation , or other processing of material needed for the further removal and disposal of debris . Contractor will recycle the resulting mulch at a State approved disposal site . J The maintenance of traffic for this contract shall be in accordance with the applicable FDOT Standard Index numbers ( 600 Series ) and the U . S . Department of Transportation , Federal Highway Administration , Manual on Uniform Traffic Control Devices and shall be followed in application , installation , maintenance and removal of all traffic control devices , warning signs , devices , and barriers necessary to protect the public and workmen on roads , and rights-of-way in Indian River County . Pedestrian and vehicular traffic shall be maintained and protected at all times . Page 27 of 30 C: IDocuments and SettingsljhydelLocal SettingslTemporary Internet FileslContent. Outlookl2UOPECNZIOmni -Debris Removal Bid Doc 06= 1143. doc K The Contractor shall insure that all vehicles , trucks , equipment , and trailers operating on Indian River County roadways and rights-of-way are in compliance with all Federal , State , and local rules , laws , and regulations . All vehicles , equipment , trucks , and trailers shall be properly licensed , insured , and equipped with lights , back- up alarms , horns , and any other safety equipment mandated by Federal , State , and local rules , laws , and regulations . Vehicles without proper safety equipment shall not work in the County . L The Contractor shall supply pre-numbered 5 part Debris Load Tickets to the County for the entire project . Each ticket will contain the following information : • Ticket Number • Contractor Name • Truck Number • Loading Location • Field Inspector • Measured Truck Capacity • Date • Site Departure Time • Dump Site Location • Dump Site Arrival Time • Debris Classification (Vegetative , C & D , Mixed ) • Estimated % Full and Debris Quantity M The Contractor shall notify the County at least 3 days in advance of any unusual " ramping up" of work forces . M No home made trailers with plywood extensions will be permitted . Trailers towed behind trucks must be able to mechanically dump on their own with no assistance from equipment at the dumping site . O The Contractor shall only utilize mechanical loading equipment with grapple or clamshell type devices for loading debris . Hand loading will be prohibited . P All transport hauling equipment shall be single axle , tandem wheel , or semi -trailer trucks that are designed by the manufacturer for the intended purpose . No plywood extended sides will be permitted . Steel side extensions that have steel reinforced vertical supports are allowed . Q All transport hauling equipment shall be equipped with tailgates that extend upward minimally to the height of the sides of the box . R All loaded trucks and trailers shall be tarped or covered during transport . S The Contractor shall meet minimum production demands established by the County and begin debris removal phasing ( c & d removal and mulch reduction and hauling ) within three days of the County' s request . T All collection activities shall be directed in a logical , sequential manner , approved by the County , with no materials skipped over or left behind . U The Contractor shall assure that all subcontractors have English speaking supervisors or representatives available in the field at all times during the contract period . Page 28 of 30 CADocuments and settingsljhydelLocal SettingslTemporary Internet FileslContent. Outlookl2UOPECNZ1Omni -Debris Removal Bid Doc 06= 11= 13. doc V The Contractor shall repair immediately upon request any damage caused by the debris removal operation that is deemed a public safety issue , including , but not limited to , asphalt , sidewalks , culvert pipes , swales , driveways , and/or any public or private property . W If it is determined to be in the best interest of Indian River County to use County owned properties for the debris-staging areas/processing -sites , the Contractor shall credit the County $ 1 . 00 per cubic yard for the total cubic yards collected for the use of the property . X The Contractor shall provide the following facilities at each debris-staging area/processing -site , regardless of who provides the site (Contractor or County) : 1 . Each processing site shall have a roofed inspection tower erected upon it sufficient to support a minimum of three inspectors , and built to a height to allow a clear view down into a loaded truck . Mechanical lifts are discouraged . 2 . Each processing site shall have a temporary roofed shelter or canopy erected for the comfort of support staff and personnel from weather conditions . 3 . Each processing site shall have at least two portable sanitary units ( porta-potties) that are clean and regularly maintained throughout the contract period . The Contractor shall keep an adequate supply of toilet paper in each unit. 4 . The Contractor shall provide stabilized ingress and egress to each debris- processing site and shall maintain such access throughout the contract period . Y All loads brought to a temporary debris- processing site shall be inspected and recorded by the Contractor and the County . Z The Contractor shall reclaim the site upon completion of the processing activities to include at a minimum removal of all equipment and debris , grading of the site to historical condition , and seeding and mulching of the exposed areas . Compliance of Federal , State, and Local Laws , Rules , and Regulations All processing activities shall be conducted in compliance with all federal , state , and local laws , rules , and regulations . i ) The Contractor shall be responsible for obtaining and paying for all permits needed to construct, operate , maintain , close , and reclaim the debris processing sites . ii ) The Contractor shall be responsible for any environmental sampling required at the debris staging area . Normally areas used to stage vegetative debris do not require any environmental sampling . Areas used to stage mixed debris , or ash from burning mixed debris , will normally require environmental sampling to close the site after the debris or ash is removed . It would also be advisable to sample the area prior to staging any mixed debris to identify any existing contamination at the site . iii ) The Contractor shall maintain the site in accordance with all local , state , and federal laws , rules , and regulations including at a minimum erosion control , storm water management , and fire control . iv ) The Contractor shall not be responsible for C &D disposal fees at the County landfill . Page 29 of 30 C: IDocuments and SettingsljhydelLocal SettingslTemporary Internet Filesicontent. Outlookl2UOPECNZIOmni -Debris Removal Bid Doc 06= 11- 13. doc V) The Contractor shall provide and pay for all the necessary labor , tools , and equipment to execute the work described in this Scope of Services . Contractor Assistance and Cooperation 1 . The Contractor shall provide the County any assistance , in its capacity , to the FEMA reimbursement efforts . • The Contractor shall provide all records , including , but not limited to , truck and trailer registrations , disposal tickets , debris-dumping site logs , area maps , and other data sufficient to provide substantiation for FEMA and State reimbursement applications . • The Contractor shall assist the County in responding to federal and state agencies request for additional information and/or auditing as directed by the County . 2 . The Contractor shall conduct the Debris Removal and Disposal Contract in strict accordance with guidelines set forth in this contract document. END OF EXHIBIT B Page 30 of 30 C:IDocuments and Settingsljhyde1ocal SettingslTemporary Internet FilesIContent. 0utlook12UOPECNZ1Omni -Debris Removal Bid Doc 06= 1143. doc