Okaloosa County BOCC — November 4, 2012 — DRC Contract

EXHIBIT B CONTRACT & LEASE AGREEMENT CONTROL FORM Date: 10/32607 a/alo4 Cf Contract/Lease Control #: C08-1558-PW2-144 Bid #: SW 58-07 Contract/Lease Type: CONTRACT Award to/Lessee: DRC ERIRGENCY SERVICES Lessor: Effective Date: 10/1/2007 If l Amount: $4,000,000 7 Ausid #/ 4L307z- 1a/. sito) hn. Description of Contract/Lease: EMERGENCY DEBRIS REMOVAL FROM COUNTY Term/Expires: Department Manager: PUBLIC WORK Department Monitor: D. SLATERPYRCE Monitor’s Telephone #: 689-5007 Monitor’s Fax #: 689-5715 Date Closed: NOTICE OF AWARD TO: DRC Emergency Services Mark Stafford 740 Museum Dr. Mobile AL 36608 PROJECT DESCRIPTION: OKALOOSA COUNTY EMERGENCY DEBRIS REMOVAL — BID #SW 58-07 The OWNER has considered the BID submitted by you for the above-described WORK. You are hereby notified that your BID has been accepted. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER: Okaloosa County Purchasing, 602-C North Pearl St., Crestview, FL 32536. If you have any questions, please call John Christopher at 850-689-5960. Dated this 19™_ day of September, 2007. TITLE Purchasing Director ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged. py: JRC bmg aypalton Sea vicos , bb This the _o¢f st day of Stotumbey , 2007. } BY: Mus —— | ap i ee . ; Title: Chiet Opiitug ah CEL gtess© NOTICE TO PROCEED DATE: 10-02-07 TO: DRC Emergency Services, LLC Attn: Mark Stafford 740 Museum Drive Mobile, AL 36608 PROJECT: Okaloosa County Emergency Debris Removal, Bid #58-07 You are hereby notified to commence WORK in accordance with the Agreement dated October 01, 2007. You are required to return an acknowledged copy of this NOTICE TO PROCEED to the OWNER: Okaloosa County Purchasing, 602-C North Pearl St, Crestview, FL 32536. OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS » Ce Richard L~Brannon TITLE: Purchasing Director ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged. DRC Emergency Services, LLC Company Name Bised fo Cody hl \ 12/09 Board of County Commissioners Purchasing Department State of Florida January 20, 2009 DRC Emergency Services, LLC Attn: April Callaway 740 Museum Drive Mobile, Alabama 36608 RE: Contract #C08-1558-PW2-144 Emergency Debris Removal Contract Dear Ms. Callaway: The Okaloosa County Solid Waste Department wishes to renew the subject contract/lease, #CO8-1558- Pw2-144 for an additional term. The contract renewal period is January 1, 2009 to December 31, 20097 20/2. If you are in agreement, please sign below and send this letter to my attention. Should you have any questions, please call at 850-651-7394, fax # 850-651--7397 or e-mail chalsey@co.okaloosa.fl.us. COUNTY REPRESENTATIVE AUTHOURIZED COMPANY REPRESENTATIVE Requesting Dept: __ Public Works Contractor: \ ' . C08 Approved By: yay ‘a (Watipupe— Approved By: Mas (DIRECTOR) ~~ YU ¢ Print Name: Danielle E. Slaterpryce, P.E. Print Name: (val Na le v a Title: Public Works Director Title: ( LA A uf Le ved Link ( Vary Date: 1-47-09 Date: \ | 2p 2005 (MUST HAVE BOTH SIGNATURES PRIOR TO FORWARDING TO THE PURCHASING DEPT) Cc: Jack Allen, Purchasing Services Manager, Fax — 850-689-5998, e-mail: jallen@co.okaloosa.fl.us AMENDMENT #1 TO CONTRACT # C08-1558-PW2-144 Agreement made this _1st_day of October, 2007 by and between Okaloosa County Board of County Commissioners, Okaloosa County, Florida, a political subdivision of the State of Florida, (hereafter County) and DRC Emergency Services LLC having its office at 740 Museum Drive Mobile, Alabama 36608 where both parties agree to amend the contract dated 1 October 2007, executed 1 October 2007, to add the following: Agreement period is from October 1, 2007 and will extend through January 1, 2009. MARK STAFFORD RICHARD L. BRANNON DRC EMERGENCY SERVICES LLC OKALOOSA COUNTY _[-0 lI- 6-07 ut p|2607 DATE DATE CONTRACT: EMERGENCY STORM DEBRIS REMOVAL CONTRACT NO.: C08-1358-PW2-144 DRC EMERGENCY SERVICES EXPIRES: 1/1/2009 CONTRACT This agreement, in sextuple, executed in Crestview, Florida this Ist day of Ofrcbve. 2007 between the County of Okaloosa, Florida, the Owner, hereinafter called the Party of the First Part, and DRC Emergency Services LLC or its successors, executors, administrators and assigns, hereinafter called the Party of the Second Part. WITNESSETH: That for and in consideration of payments, hereinafter mentioned, to be made by the Party of the First Part, the Party of the Second Part agrees to furnish all equipment, machinery, tools and labor; to do and perform all work related to Primary Emergency Debris Removal — Bid #SW 58-07 per the attached pricing sheets in strict conformity with the provisions of this Contract, the Notice to Contractors, the Specifications and the Plans approved by the Owner. The said Plans, Specifications, the Notice to Contractors, and the Proposal are hereby made a part of this agreement as fully and to the same effect as if the same had been set forth at length in the body of this agreement. As security for the full and faithful performance of this contract and all the incidents thereto, the Party of the Second Part will furnish a Payment and Performance Bond upon activation of the contract. In consideration of the foregoing promises, the Party of the First Part agrees to pay to the Party of the Second Part such unit prices for the work actually done as are set out in the accompanying proposal in the manner provided in the said Specifications. The Contractor shall be prepared to begin work to be performed under the contract as he set forth in his proposal, but will not proceed until he receives official notice to begin. REPRESENTATIVES: The authorized representative of the County shall be: Cindy Halsey Okaloosa County Solid Waste Department 84 Ready Ave. Ft. Walton Beach FL 32548 850-651-7394 E-Mail: chalsey@co.okaloosa.fl.us The authorized atin DRC Emergency Services LLC shall be: 440 Muu bY. cAlobile At Slole0B AS) 345-3208 / £ OY - an ee Cth CONTRACT: EMERGENCY STORM DEBRIS REMOVAL CONTRACT NO.: C08-1558-PW2-144 DRC EMERGENCY SERVICES EXPIRES: 9/30/2009 All notices required by this agreement shall be in writing to the representative listed above with a courtesy copy to the following: John Christopher Contracts & Leases Coordinator Okaloosa County Purchasing Department 602-C North Pear! Street Crestview, FL 32536 850-689-5960 / 850-689-5998 (FAX) E-Mail: jchristopher@co.okaloosa.fl.us IN WITNESS WHEREOF, the Chairman of the Board of County Commissioners, by authority vested in him, has hereunto subscribed his name on behalf of the County of Okaloosa, Florida, the Owner, and the said Une SMPeaeD has hereto fixed his signature, the day and year above written. DRC EMERGENCY SERVICES LLC CONTRACTOR — — (Upc Cw dike Ow TITLE STATE OF FLORIDA COUNTY OF OKALOOSA This contract is accepted this <n day of Cod v4 2007 and is effective on the [st day of erase, 2007. ATTEST: F¥ OF OKALOOSA, FLORIDA Gary Stanford Deputy Clerk of Court BID #: SW 58-07 BED SHEET BID ITEM: EMERGENCY DEBRIS REMOVAL (STANDBY CONTRACT) ZONE PRICE PER TON PRICE PER YARD 1 — Okaloosa County 52.90 @.74¢ 2 — Okaloosa County 59.33 Cc. 74 3 - Destin K 67.8 7-89 4 — Okaloosa County X G6t.%8 7.89 5 — Mary Esther Sq. 88 le. 94 6 — Ft. Walton Beach Sq. 2B lc.44 7 — Ft. Walton Beach 59.383 ©.I9t+ 8 — Ft. Walton Beach 59.83% bo. F4- 9 — Ft. Walton Beach 57.33 C.44 10 — Ft. Walton Beach 59.88 (oc. 7+ 11 — Okaloosa County 59.88 It 12 — Shalimar 594.20 &.9q4 13 — Shalimar 59.88 lo. I4+ 14 — Ft. Walton Beach 59.23 L.49F4 15 — Ft. Walton Beach 549.28 G&.It 16 — Ft. Walton Beach 54. 88 lo AGF 17 — Ft. Walton Beach 54.88 o.974¢ 18 — Shalimar 59-88 (e.94 19 — Ft. Walton Beach 5gxz8 lo.974 20 — Ft. Walton Beach 579.338 C-ISt 21 — Okaloosa County 57.28 & At 22 — Okaloosa County 59.88 (Ca aa 23 — Valparaiso 54.88 6.94 24 — Niceville 57.3 ©.7T4 25 — Okaloosa County 59.88 lo.94 26 — Okaloosa County 59.88 co.9I4t 27 — Okaloosa County 59.28 ©.7Tt¢ 28 — Valparaiso 59.238 ©.94 29 — Niceville SF. 88 © It 30 — Okaloosa County 59. 3B ©.44t_ 31 — Niceville 59.83 ©.74 32 — Niceville £9.38 o.494% 33 — Okaloosa County 59.43 &.ITt 34 — Okaloosa County S4.33 fo At 35 — Okaloosa County 59-88 6 -9+ 36 — Okaloosa County Cos bo .It 37 — Okaloosa County 59.32 be -At 38 — Crestview 54.28 o.At 39 — Okaloosa County 59:88 & It Last Revised — 06/12/2007 27 40 — Okaloosa County 59. 88 © .9t 41 — Okaloosa County 54.88 6.9 42 — Okaloosa County 59.85 lo. Tt 43 — Crestview 54.83 6.74 44 — Crestview 54.28 6.94 45 — Crestview 54.88 &.q4 46 — Crestview S4.28 C4 47 — Crestview 59.28 bj .4t 48 — Okaloosa County 54.88 (0.44 49 — Crestview 59.82 be .It 50 — Okaloosa County 59-88 _l.44 51 — Okaloosa County 54.38 co. 94¢- 52 — Okaloosa County 54:38 2.94 53 — Okaloosa County 54-38 6.94 54 — Okaloosa County 55.33 © .qtF ‘| 55 — Okaloosa County 54-28 Co . Ft 56 — Okaloosa County 59-38 lo. T% 57 — Okaloosa County 54-33 6.4 58 — Laurel Hill 54.88 6.44 59 — Okaloosa County 59-8 2.94 60 — Okaloosa County 54.32 (.F4 61 — Okaloosa County 59.23 G .44 62 -— Cinco Bayou Grinding (at Designated Sites) 57-33 2.1.46 Z7#Z Additional Hauling (per mile) lL. 49 / ton [ mile 14 fcy [ale Last Revised — 06/12/2007 28 Remarks: ANTI-COLLUSION STATEMENT: The below signed bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to bid whatever. (Note: No premiums, rebates, or gratuities permitted either with, prior to, or after any delivery of materials. Any such violation will result in the cancellation and/or return of material (as applicable) and the removal from bid list(s). URC EMERGENCY SERVICES Ma. | Bidder’s Company Name Authorized Signature — Manual T4¢0 MuSsELUM DeWE MARK Stacro@h Authorized Signature — Typed MoéBiLE AL Biebod ChEF op€RATING OFFICER Address t Title . QS1-34¢3-—358| 251-343- SS5Y Phone # Fax # b3 - {98 3794 Federal ID # or SS # Last Revised — 06/12/2007 29 EMERGENCY DEBRIS REMOVAL (STANDBY CONTRACT) BID #: SW 58-07 BID OPENS: ___suty 12 , 2007 @ 2:00 P.M. LOTR CUT PI Sr gg FF Hy Don W. Howarpb CLERK OF THE CIRCUIT COURT, OKALOOSA COUNTY, FLORIDA NOTICE TO BIDDERS Notice is hereby given that the Board of County Commissioners of Okaloosa County, FL, will accept sealed bids until 2:00 p.m. (local time) July 12, 2007, for Emergency Debris Removal (Standby Contract). Pursuant to copies of bid provisions, bid forms, and specifications may be obtained from the Okaloosa County Purchasing Department, 602-C North Pearl Street, Crestview, FL 32536; 850-689-5960 or they may be downloaded from our website at www.co.okaloosa.fl.us ((Departments, Purchasing, Vendor Registration & Opportunities); this links you to the Florida Panhandle Purchasing Group website where our bid specifications will now be posted. There will be a pre conference on June 26, 2007 at 9:00 a.m. (CST) to discuss the scope of work and answer questions. The meeting will be held at the Okaloosa County Water & Sewer Building, 1804 Lewis Turner Blvd., 3° Floor Board Room, Ft. Walton Beach FL 32547. At 2:00 p.m. (local time), July 12, 2007, the bids will be opened and read aloud. All bids must be in sealed envelopes reflecting on the outside thereof the bidder's name and "Bid on Emergency Debris Removal (Standby Contract) to be opened at 2:00 p.m., July 12, 2007". The Board of County Commissioners will consider all bids properly submitted at its scheduled Bid Opening in the Board of County Commissioners Meeting Room #120, at the Courthouse, 101 East James Lee Blvd., Crestview, FL 32536. Bids may be submitted in the Boards Meeting Room #120, prior to Bid Opening or delivered to the Clerk of Circuit Court, Office #118, at the Courthouse in Crestview, FL. There is no obligation on the part of the County to award the bid to the lowest bidder, and the County reserves the right to award the bid to the bidder submitting a responsive bid with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa County, and to waive any irregularity or technicality in bids received. Okaloosa County shall be the sole judge of the bid and the resulting negotiating agreement that is in its best interest and its decision shall be final. Any bidder failing to mark outside of envelope as set forth herein may not be entitled to have their bid considered. All bids should be addressed as follows: Clerk of Circuit Court Attn: Gary Stanford Okaloosa County Courthouse 101 E James Lee Blvd. #118 Crestview FL 32536 b-[Lo 5 Richard L Brannon Date Purchasing Director DON W. HOWARD Clerk of the Circuit Court By: Son p. Male Deputy Q) 101 EB. James Lee Bivp: ¢ P.O. DRAWER 1359 * CRESTVIEW, FLORIDA 32536-1359 * (850) 689-5800 * suNcoM 698-5800 RepLy To: C) SHALIMAR ANNEX * 1250 N. EGLIN PARKWAY * SHALIMAR, FLORIDA 32579 * (850) 651-7200 * SUNCOM 699-7200 SPECIFICATIONS BID #: SW 58-07 BID ITEM: EMERGENCY DEBRIS REMOVAL (STANDBY CONTRACT) The purpose of this document is to solicit bids from qualified contractors for the removal of debris generated as a result of damage sustained to a disaster (natural or otherwise) occurring in Okaloosa County. The resulting contract will be activated in the event of a disaster. Each City entity qualifies to use this contract and to enter into a stand alone contract with the low bidder meeting specifications. A. OBJECTIVES: Inherent within this plan are: 1. Fast mobilization and high removal capacity. 2. Environmentally acceptable handling and removal of debris. 3. Minimization of impact to surrounding residential and business communities. 4. Efficient handling and removal (the contractor shall have sufficient crews and equipment to remove all debris in a timely manner). 5. Contractor must show ability to comply with all FEMA procedures and documentation requirements. B. EQUIPMENT: Will be mobilized to designated zones (see attached map) for debris removal. Each contractor furnished crew will consist of a minimum of: Yes 7 No outractor Initial Above 1. One (1) mobile knuckle boom loader. 2. Five (5) 20-cubic yard trucks or three (3) 40-cubic yard tandems or any combination of trucks meeting a 100 cubic yard capacity. 3. Necessary personnel to issue safe operation and traffic control. 4. If equipment is operated in a manner causing traffic to be stopped, a minimum of one (1) flagman will be furnished with each crew. 5. In the event equipment assigned to a designated area breaks down, it will be repaired or replaced within 24 hours. Cc, ACCESS: The County will make every effort to guarantee access to County approved sites (one North county — one South county; see map). The contractor will provide equipment and personnel to offload loaded trucks at the County approved sites. Last Revised - 06/12/2007 2 F. ALTERNATE WORK WITH THE CONTRACTOR TO FIND OTHER SITES: In the event other locations are required, Okaloosa County will coordinate these locations and negotiate a hauling rate based on mileage. HAZARDOUS WASTE: Any hazardous waste found shall be segregated from other debris, secured and set aside, and the County/Entity notified. The Contractor shall be responsible for removal and transportation. DEBRIS REMOVAL: Debris removal shall be limited to the following categories (the contractor will make a continuous effort to separate): 1. Burnable/grindable — trees, vegetation, miscellaneous lumber, wood waste, etc. (Treated lumber; docks, walk ways etc. cannot be ground or burned). 2. Construction/Demolition debris — miscellaneous concrete items, metal, shingles, plaster, glass, furniture, etc. 3. White goods — stoves, refrigerators, dryers, water heaters, etc. 4. Tires. 5. NO Household Garbage. 6. Failures to separate as above can result in contract termination. GRINDING: The County/other entities will require the services of grinders. On the bid sheet, quote a per ton price for grinding. If grinding is required, the contractor will make every effort to adhere to all safety requirements and will make every effort to protect the grinding site from damage. Contractor also agrees to clean up the grinding site upon completion of work. HOURS OF OPERATION: Unless otherwise directed by the County/Entity, no work shall be done on Sunday or between the hours of 10:00 p.m. - Sundown. (Exception can be negotiated with Staff). HAUL DISTANCE: 1. Haul distance for each zone reflects the distance from the approximate center of each zone to the approved site. No differential payment will be made for pick ups anywhere else within the zone. 2. The County/Entity reserve the option to divide existing zones or create new zones on an “as needed” basis as the situation demands. METHOD OF REMOVAL: 1. Debris can only be removed from public property, i.e., the right-of-way easement. Permission to do otherwise must be obtained from the County/Entity Last Revised — 06/12/2007 3 10. 11. 12. 13. 14. 15. Project Manager. The contractor shall leave all standing trees and vegetation intact. All debris specified must be removed. All crawler or tracked vehicles must have pads to prevent pavement damage. Any cavity or hole resulting from debris removal shall be rough graded to remove hazardous conditions. Backfill material and all work necessary to backfill and grade shall be included in the price of debris removal. The County/Entity Project Manager may prioritize work areas within the zones. If so, the contractor shall cooperate and respond according to the County/Entity priority list. All loose debris (such as tree limbs) shall be compacted on the hauling vehicle by the use of loading equipment. All debris extending beyond the truck in any horizontal direction shall be cut off even with the truck or removed. Adequate means of containing loads while transporting will be provided. Debris must be prevented from being blown or bounced off transport vehicles. All trucks must be equipped with a tailgate. Paved areas must be cleaned to the satisfaction of the Project Manager after clearing. Areas repaired by the contractor, such as ruts and gouges, shall be repaired to original condition. Daily reports shall be submitted to County/Entity representatives showing roads cleared during the past 24 hours. Tree trunks must be cut in ten (10) foot lengths or shorter. Multiple passes through roads/neighborhoods may be required by the Project Manager. The County/other entity shall have a monitor with each crew and will have a monitor in the unloading area. K. STORAGE OF EQUIPMENT: The contractor shall be responsible for locating areas in which to store their equipment. Such areas shall not be located within right-of-ways or in areas which create a traffic/safety hazard. Last Revised — 06/12/2007 4 L. PROPERTY PROTECTION: 1, The contractor shall use every method at their disposal to protect all properties they are working on/around. If the County/Entity Project Manager finds unnecessary damage to properties (public or private), the County/Entity shall invoke its authority to immediately terminate the contract and pay the contractor for work completed to date. The termination shall be effective immediately upon written notice by the County/Entity to the contractor. 2. The contractor will take care and assume responsibility for any damage caused. 3. The contractor shall be held responsible for repairing or replacing property to the satisfaction of the County/Government Entity which is damaged by the contractor. M. PRE-BID CONFERENCE: A pre-bid conference will be held on June 26, 2007 at 9:00 a.m. (CST), with bidders, County representatives and representatives of other local municipalities. The meeting will be held at the Okaloosa County Water & Sewer Building, 1804 Lewis Turner Blvd., 37 Floor Board Room, Ft. Walton Beach FL 32547. N. DEBRIS MANAGEMENT SITES (SEE ATTACHED MAP): The contractor shall haul to and deposit all debris at the following sites unless otherwise designated. The County will be responsible for all tipping fees during the contract time. 1. Okaloosa County Wright Landfill (South County Site) 1671 N. Beal Extension Ft. Walton Beach FL 32548 850-651-7399 2. Okaloosa County Kaiser Mill Borrow Pit (North County Site) Kaiser Mill Rd. (Off Highway 4) Baker FL 32531 850-689-5780 O. The contractor shall be responsible for marking all hauling equipment on the driver's door with the following information: 1. Contractor’s company name. 2. Truck #. 3. Truck Capacity. P. OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS COMPENSATION (Bid prices will include all labor, tools, equipment, materials necessary to do the job). Last Revised ~ 06/12/2007 5 1, Before any vehicle is used for hauling, each vehicle shall have its empty (tare) weight and volume capacity established by weighing or measuring at either the Wright Landfill or Baker Landfill. 2. At the County approved site, County employees will log in (as appropriate): a. Arrival time/date. b. Tipping scale tonnage (incoming weight/volume). C. Truck #. d. Departure time. e. Tipping scale tonnage (departing weight/volume). 3. Hand tickets will be provided to drivers. It is the driver's responsibility to forward all tickets to the contractor. 4. Payment will be upon submission of two (2) copies of contractor's invoice to: Okaloosa County Courthouse Finance Office — Room #115 101 E. James Lee Blvd. Crestview FL 32536-3502 This address is strictly for the Board of County Commissioners. All other government entities will provide a separate billing address. Frequency of payment will be negotiated with County Staff. 5. Compensation will be passed on a “per ton and cubic yardage” bid price (see attached bid sheet). Contractor understands that Florida State Department of Transportation may assign clean up crews/equipment within Okaloosa County to assist with recovery. The contractor will assign no penalty to Okaloosa County or any other public entity due to the acceptance of this assistance. Although this bid is based on needs generated by major storms (i.e., hurricanes), the County/public entity may use this contract in the event of other natural disasters (i.e., tornadoes, etc.). ACTIVATION: The County/Entity shall retain the option to activate whatever zones it deems appropriate, to add zones as it deems necessary, and to divide zones among contractors. If, in the County/Entity’s opinion, the debris within a zone cannot be cleared in a timely manner by the awardee of the zone, a second vendor may be called in to assist with the debris removal. If a work order is issued, the contractor shall have Last Revised - 06/12/2007 6 48 hours from the issuance of the work order to mobilize and be on site as directed by the County. Note: Ability to mobilize within 48 hours? Yes LE Wo Cc ontractor Initial Above T. VOLUME: Although no one can predict the amount of debris resulting from any storm, for information purposes only, the following is a list of fill areas and tonnage processed at each site after Hurricane Opal in September 1995. Wolverine (Valparaiso) Fill Area 2,774 tons Destin Fill Area 23,569 tons Niceville Fill Area 4,830 tons Wright (Ft. Walton Beach) Fill Area 56,109 tons TOTAL _ 87,282 tons Note: Approximately 80% of this material was processed through a tub grinder; also, approximately 2,500 yards of sand were removed due to soil contamination (glass, metal, etc.). Okaloosa County is interested in obtaining information from all proposers outlining additional services that your company can provide in the event of an activation to include (but not limited to): Food Service Bathing Facilities Water Washing Facilities Portable Office Space Generators Tentage >, +, \? \? \? >, we a He Oe me +e SCs % If you submit information addressing additional items, please include availability and costs. These items may be added under contract. Last Revised -— 06/12/2007 7 SPECIAL BID CONDITIONS 1. Information: For any additional information regarding these specifications, contact Richard L. Brannon, Purchasing Department, 850-689-5960 or Cindy Halsey, Solid Waste, 850-651-7394. Any changes by the County to specifications shall be in writing in the form of an addendum and furnished to all bidders. 2. Accident Prevention: Precautions shall be exercised at all times for the protection of persons and property. All contractors and sub-contractors shall conform to all OSHA, State and County regulations while performing under the terms and conditions of this contract. Any fines levied by the above mentioned authorities because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. Barricades shall be provided by the bidder when work is performed in areas traversed by persons or when deemed necessary by the County Project Manager. 3. Permits: The contractor shall be responsible for obtaining any necessary building permits. 4. Minimum Qualifications: Bids will be considered only from firms which are regularly engaged in the business of providing the type of services described in the bid specifications. Minimum qualifications to be recommended for award are: a. Proof of having been in business for a minimum of three (3) years within one of the following occupations: i 1. Bulk hauling of debris or fill 2. Construction involving earth removal 3. Demolition work b. Proof of ownership or long term lease (12 months or more) of a minimum of: 1. 10 mobile knuckleboom loaders 2. 30 20-cubic yard trucks or 40-cubic yard tandems 3. 6 4 yard front end loaders 4. 3 bulldozers 5. Capability of providing additional crews as required C. Acceptable proof would be copies of past years’ tax returns, copies of past occupational licenses, etc. Bidders shall be given up to seven (7) calendar days after bid opening to provide required proof. Failure to provide requested documentation may result in the bid to be found “non-responsive.” 5. Additional Work: The County/Entity shall retain the option to add zones or to divide zones if it deems necessary. If in the County/Entity’s opinion the debris within a zone cannot be cleared in a timely manner by the awardee of the zone, an additional contractor may be called in to assist with the debris removal. Last Revised — 04/10/2007 6. Authority to Piggyback: All bidders submitting a response to this Invitation to Bid agree that such response also constitutes a bid to all governmental agencies listed under the same conditions, for the same contract price, and for the same effective period as this bid, should the bidder feel it is in their best interest to do so. Each governmental agency desiring to accept these bids and make an award thereof shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of this bid. This agreement in no way restricts or interferes with the right of any governmental agency to bid any or all items. The following zones will be the responsibility of the respective city in which they are located. All bidders must understand that these separate independent government agencies shall solely determine whether they will contract for debris removal as a result of this bid: Zones City of Mary Esther 5 City of Ft. Walton Beach 6, 7, 8, 9, 10, 14, 15, 16, 17, 19, 20 City of Shalimar 12, 13, 18 City of Destin 3 City of Valparaiso 23, 28 City of Niceville 24, 29, 31, 32 City of Crestview 38, 43, 44, 45, 46, 47, 49 City of Laurel Hill 58 City of Cinco Bayou 62 7. Terms of Contract: This contract shall be effective upon completion of a signed agreement and will extend through September 30, 2009. Price adjustment at renewal time will be considered, with the County/Government Entity reserving the right to reject any and all increases and putting the contract back out for bid. This contract may be renewed for up to three (3) years at a time if agreeable between the contractor and the County/Government Entity. 8. Award of Contract: a. Contractor must bid on all 62 zones (see attached map). Okaloosa County will provide the contractor(s) who is awarded this bid a more detailed map of all zones. The bid will be awarded to the lowest responsive, responsible bidder based on the haul distance rate “per ton/per cubic yard” indicated on the bid form. The County/Government Entity reserves the right to award this contract to multiple bidders. The zones which will be awarded by the Okaloosa County Board of County Commissioners are: Last Revised — 04/10/2007 9 10. 11. 1, 2, 4, 11, 21, 22, 25, 26, 27, 30, 33, 34, 35, 36, 37, 39, 40, 41, 42, 48, 50, 51, «52, 53, 54, 55, 56, 57, 59, 60, 61 Note: Each City entity qualifies to award their area and to enter into a separate stand alone contract with the low bidder. b, Upon receipt of a “Notice to Proceed”, the contractor shall commence work within 48 hours. Cc. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa-County Purchasing Director to emphasize this condition to potential proposers. d. There is no obligation on the part of the County to award the proposal to the lowest proposer, and the County reserves the right to award the proposal to proposer submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa county, and to reject any and all proposals or to waive any irregularity or technicality in proposals received. Okaloosa County shall be the sole judge of the proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final. e. The Board of County Commissioners reserves the right to waive any informalities or reject any and all proposals, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this proposal and to accept the proposal that in its judgement will best serve the interest of the County. f. The Board of County Commissioners specifically reserves the right to reject any conditional proposal and will normally reject those that made it impossible to determine the true amount of the proposal. Liquidated Damages: Should the contractor fail to commence work for the Okaloosa County Board of County Commissioners within two (2) calendar days or should the contractor fail to continue the work in an expeditious manner, the contractor shall be subject to a One Thousand Dollar ($1,000.00) per day per city/governmental agency assessment for liquidated damages. This sum will be deducted from monies due the contractor. Specification Exception: Bidder shall clearly list any changes in the bid specifications. Bidders must explain any deviation from the bid specifications, in writing, as a footnote on the applicable bid page. Failure of the bidder to comply with these provisions may result in the bidder being disqualified. Addition/Deletion of Items: The County reserves the right to add or delete any item from this bid or resulting contract when deemed to be in the County's best interest. Last Revised — 04/10/2007 10 12. 13. 14. 15. 16. 17. Last Revised — 04/10/2007 Bids will not be considered from vendors who are currently involved in official financial reorganization or bankruptcy proceedings. Local Preference: Okaloosa County reserves the right to grant a preference to in-county bidders only when bids are received from firms located in states, counties, municipalities or other political subdivisions which offer preference to bidders located in such political subdivisions. The amount of preference given to local bidders will be the same as that given by the state, county, municipality or other political subdivisions in which a bidder is located. If the political subdivision in which a bidder is located offers a preference to its local firms, that bidder must plainly state the extent of such preference to include the amount and type preference offered. Any bidder failing to indicate such preference will be removed from the County bid list and any all bids from that firm will be rejected. Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. Bid Bond: Bidders are required to submit a Bid Bond, Cashier's or Certified Check in the amount of $10,000 payable to the Okaloosa County Board of County Commissioners. Any bid proposal which is not accompanied by a bid guaranty shall be considered non- responsive and ineligible for award. All bidders shall be entitled to the return of the bid bond within ten (10) calendar days after execution of a contract between a successful bidder and Okaloosa County. Performance Bond/Payment Bond: The bidder to whom a contingent award is made and are notified of activation of the contract for an event shall duly execute and deliver to the County a Performance and Payment Bond in the amount of $10,000 per sector. The completed form shall be delivered to the County within 10 calendar days after award by the Board of County Commissioners. If the bidder fails to deliver the Payment and Performance Bond within this specified time, the County shall declare the bidder in default of the contractual terms and conditions. The County shall not accept any proposal from the bidder for a twelve (12) month period following such default. Bid Opening Information: Bid Opening shall be public, on the date and time specified on the bid form. It is the bidder's responsibility to assure that his bid is delivered at the proper time and place. Offers by telegram, facsimile, or telephone are NOT acceptable. NOTE: Crestview, Florida is "not a next day guaranteed delivery location" by delivery services. Public Entity Crime Information: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 11 18. 19. 20. 21. 22. Conflict of Interest Disclosure Form: The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their proposals the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its agencies. Furthermore, all respondents must disclose the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches. Furthermore, the official, prior to or at the time of submission of the proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County, if he is an officer or employee of the County, disclosing his or spouse’s or child’s interest and the nature of the intended business. Note: For bidder’s convenience, this certification form is enclosed and is made a part of the bid package. Identical Tie Bids: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality and service are received by the County for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process (see attached certification form). Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. Note: For bidder’s convenience, this certification form is enclosed and is made apartof the bid package. Recycled Content Information: In support of the Florida Waste Management Law, bidders are encouraged to supply with their bid any information available regarding recycled material content in the products bid. The County is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.) and the percentage of recycled material contained in the product. The County also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. Note: For bidder’s convenience, this certification form is enclosed and is made a part of the bid package. Bid Tabulation Sheet: Any bidder interested in receiving a copy of the bid tabulation sheet must enclose a stamped self-addressed envelope with their bid. Cancellation: All governmental agencies using the contract reserves the right to terminate the contract effective immediately if there is just cause. There must be proof of a minimum of two verbal warnings and one written warning prior to termination. The governmental agency reserves sole right to determine if just cause exists. The Last Revised — 04/10/2007 12 County/Governmental Entity reserves the right in the case of termination for default to re- procure services from the next lowest responsive, responsible bidder or to re-solicit the services. 13 Last Revised — 04/10/2007 INSURANCE REQUIREMENTS Contractor’s Insurance 1. Last Revised — 04/10/2007 The Contractor shall not commence any work in connection with this agreement until he has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Management Officer nor shall the Contractor allow any subcontractor (approved by County of Okaloosa) to commence work in this subcontract until all similar insurance required of the subcontractor has been so obtained and approved. All insurance policies shall be with insurers licensed to do business in the State of Florida, and any insuring company is required to have a minimum rating of A, Class X in the Best’s Key Rating Guide published A.M. Best & Co., Inc. The County of Okaloosa shall be furnished proof of coverage by a certified, complete duplicate of all insurance contracts including every endorsement. The complete insurance contracts must be delivered to the County Representative not less than ten (10) days prior to the commencement of any and all contractual agreements between the County of Okaloosa and the Contractor. The County shall retain the right to reject all insurance contracts that do not meet the requirement of this Agreement. The insurance definition of Insured or Additional Insured shall include subcontractor, sub-subcontractor and any associated or subsidiary companies of the Contractor that are involved and which are part of the contract. The County of Okaloosa reserves the right during the term of this contract to request additional certified copies of any insurance contracts to support any Certificates of Insurance. At any time the insurance coverage is unacceptable to the County of Okaloosa, the County reserves the right to terminate this contractual agreement. The designation of Contractor shall include any associated or subsidiary company which is involved and is a part of the contract and such, if any associated or subsidiary company involved in the project must be named in the workers compensation coverage. All policies shall be written so that the County of Okaloosa will be notified of cancellation or restricted amendments at least thirty (30) days prior to the effective date of such cancellation or amendment, such notice to be given directly to the County representative. All insurance contracts should list Okaloosa County as an Additional Insured. The Contractor shall provide the County current Certificates of Insurance for all policies. 14 Workers’ Compensation Insurance 1. The Contractor shall secure and maintain during the life of this agreement Workers’ Compensation insurance for all of his employees employed for the project or any site connected with the work, including supervision, administration or management, of this project and in case any work is sublet, with the approval of the County of Okaloosa, the Contractor shall require the Subcontractor similarly to provide Workers’ Compensation insurance for all employees employed at the site of the project, and such evidence of insurance shall be furnished the County of Okaloosa not less than ten (10) days prior to the commencement of any and all subcontractual agreements which have been approved by the County of Okaloosa. Such insurance shall comply with the Florida Workers’ Compensation Law. No class of employee, including the contractor himself, shall be excluded from the Workers’ Compensation insurance coverage. The Workers’ Compensation insurance shall also include Employer's Liability coverage. Business Automobile and Public Liability Insurance 1. The Contractor shall maintain Business Automobile Liability insurance coverage throughout the life of this Agreement. The insurance shall include Owned, Non- owned & Hired Motor Vehicle coverage. The Contractor shall carry other Public Liability insurance against all other Bodily Injury, Property Damage and Personal and Advertising Injury exposures. The coverage shall include both On-and Off-Premises Operations, Contractual Liability, Board Form Property Damage, and Professional Liability. All liability insurance shall be written on an occurrence basis and shall not be written on a claim-made basis. If the insurance is issued with an aggregate limit of liability, the aggregate limit of liability shall apply only to the locations included in this Agreement. If, as the result of any claims or other reasons, the available limits of insurance reduce to less than those stated in the Limits of Liability, the Contractor shall notify the County representative in writing. The Contractor shall purchase additional liability insurance to maintain the requirements established in this Agreement. Umbrella or Excess Liability insurance can be purchased to meet the Limits of Liability specified in this Agreement. Public liability coverage shall be endorsed to include the following: Premises — Operation Liability Occurrence Bodily Injury and Property Damage Liability Independent Contractor's Liability Completed Operations and Products Liability aooo Last Revised — 04/10/2007 15 5. Contractor shall agree to keep in continuous force Commercial General Liability coverage including Completed Operations and Products Liability for two (2) years beyond acceptance of project. Limits of Liability The insurance required shall be written for not less than the following, or greater if required by law and shall include Employer's liability with limits as prescribed in this contract: LIMIT 1. Worker’s Compensation 1) State . Statutory 2) Employer's Liability $1 million each accident 2, Business Automobile & Commercial $1,000,000 each occurrence General Liability Insurance (A combined single limit) 3. Personal and Advertising Injury $250,000 Notice of Claims or Litigation The Contractor agrees to report any incident or claim that results from performance of this Agreement. Within ten (10) days of the Contractor’s knowledge, the County representative shall receive written notice describing the incident or claim. In the event such incident or claim involves injury or property damage to a third party, verbal notification shall be given the same day the Contractor becomes aware of the incident or claim. A detailed written report is to be made within ten (10) days. Indemnification & Hold Harmless To the fullest extent permitted by law, Contractor shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this contract. Certificate of Insurance 1. All insurance shall include the interest of all entities names in and its respective agents, consultants, servants and employees of each and all other interests as may be reasonably required by Okaloosa County as Additional Insured. The coverage afforded the Additional Insured under this policy shall be primary insurance. If the Additional Insured have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the company’s liability under this policy shall not be reduced by the existence of such other insurance. Last Revised — 04/10/2007 16 2. Certificates of insurance, in duplicate, indicating the job site and evidencing all required coverage must be submitted to and approved by Okaloosa County prior to the commencement of any of the work. The certificate holder(s) shall be as follows: Okaloosa County 602-C North Pearl Street Crestview, Florida 32536 3. All policies shall expressly require 30 days written notice to Okaloosa County at the address set out above, or the cancellations of material alterations of such policies, and the Certificates of Insurance, shall so provide. 4. All certificates shall be subject to Okaloosa County's approval of adequacy of protection and the satisfactory character of the Insurer. 5. The Certificates of Insurance shall disclose any and all deductibles or self-insured retentions (SIRs). Deductibles or SIRs in excess of $10,000 will not be accepted unless specifically approved in writing by Okaloosa County. All deductibles or SIRs, whether approved by Okaloosa County or not, shall be the Contractor’s full responsibility. In particular, the Contractor shall afford full coverage as specified herein to entities listed as Additional Insured. In no way will the entities listed as Additional Insured be responsible for, pay for, be damaged by, or limited to coverage required by this schedule due to the existence of a deductible or SIR. Specific written approval from Okaloosa County will only be provided upon demonstration that the Contractor has the financial capability and funds necessary to cover the responsibilities incurred as a result of the deductible or SIR. 6. In the event of failure of the Contractor to furnish and maintain said insurance and to furnish satisfactory evidence thereof, Okaloosa County shall have the right (but not the obligation) to take out and maintain insurance on the project. All costs for the coverage will be paid by Contractor upon presentation of a bill. General Terms Any type of insurance or increase of limits of liability not described above which the Contractor required for its own protection or on account of statute shall be its own responsibility and at its own expense. The carrying of the insurance described shall in no way be interpreted as relieving the Contractor of any responsibility under this contract. Should the Contractor engage a subcontractor or sub-subcontractor, the same conditions will apply under this agreement to each subcontractor and sub-subcontractor. Last Revised ~ 04/10/2007 17 The Contractor hereby waives all rights of subrogation against Okaloosa County and its consultants and other indemnities of the Contractor under all the foregoing policies of insurance. Umbrella Insurance The Contractor shall have the right to meet the liability insurance requirements with the purchase of an umbrella insurance policy. In all instances, the combination of primary and umbrella liability coverage must equal or exceed the minimum liability insurance limits stated in this agreement. Last Revised — 04/10/2007 18 INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. DEC EMERGENCY SERVICES, LLOE Mit. fl —_— Bidder’s Company Name \ Authorized Signature — Manual TYo museum pee , Mobice AL Mare STafee2O Physical Address ' BwbdYX Authorized Signature — Typed SAm Ee CHER OPERATING OFFICER Mailing Address Title 5 |-243-S564_ 95\-343-358\ Phone Number ~ FAX Number 504-415 FT45 Sot¢-4IS-1VI4S Cellular Number After-Hours Number(s) 4 |atfot DATE § (REVISED: JANUARY 12, 2001) Last Revised - 06/12/2007 19 CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all bidders/proposers, must disclose if any Okaloosa Board of County Commissioner, employee(s), elected officials(s), of if any of its agencies is also an owner, corporate officer, agency, employee, etc., of their business. Indicate either “yes” (a county employee, elected official, or agency is also associated with your business), or “no”. If yes, give person(s) name(s) and position(s) with your business. YES NO. xX XN NAME(S) POSITION(S) FIRM NAME: DRC EmeERGcEN ol SERVICES BY (PRINTED): MA€e STAFFORD BY (SIGNATURE): | TITLE: Chree OPERATING OF FICE ADDRESS: TWYo museum DRIVE MOBILE. At 308 PHONE NO. a5 1-3 43-358 | Last Revised — 06/12/2007 20 DRUG-FREE WORKPLACE CERTIFICATION THE BELOW SIGNED BIDDER CERTIFIES that it has implemented a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under quote a copy of the statement specified in subsection 1. 4. In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under quote, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, drug abuse assistance or rehabilitation program if such is available in employee’s community, by any employee who is convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. DATE: £ | [Lot SIGNATURE: Mut COMPANY: DRC En€eckroy SERucesS NAME: MARE STAF ORD (Typed or Printed) TITLE: CLLEF OPERATING OFF CER ADDRESS: A4O MUSEUM De MOBILE ; Au 3,608 PHONENO.: 251 7343-3 53 Last Revised — 06/12/2007 21 RECYCLED CONTENT FORM RECYCLED CONTENTINFORMATION \\ 4. 1. Is the material in the above: Virgin or Recycled (Check the applicable blank). If recycled, what percentage %. Product Description: 2. Is your product packaged and/or shipped in material containing recycled content? Yes No Specify: 3. Is your product recyclable after it has reached its intended end use? Yes No Specify: The above is not applicable if there is only a personal service involved with no product involvement. Name of Bidder; __ HRT EMERGENCY SERVviIces jpLLe Last Revised — 06/12/2007 22 LOCAL PREFERENCE DATA SHEET Refer to Special Bid Condition SEE ATIACHED Does the state, county, municipality or political subdivision in which your firm is located offer a preference to their local bidders? (If your firm is located in Okaloosa County, you will check “NO.”) If “YES,” list below the extent of such preference. YES NO x Cihree OPERATING OF ICER_ Mat = | Bidder’s Company Name Authorized Signature — Manual BE MARK sinfroeD Authorized Signature — Typed 23 Last Revised — 06/12/2007 EVALUATION SHEET RANKING OF DEBRIS REMOVAL OKALOOSA COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS CRITERIA FOR RANKING: B. C. EXPERIENCES A. PROFESSIONAL W/SIMILAR D. LOCATION - F, KNOWLEDGE EXPERTISE PROJECTS AVAILABILITY | E. FEES REFERENCES | TOTALS FIRM 0-10 0-10 0-10 0-40 0-40 0-10 To avoid duplication, the Project Manager or Designee will contact and rank references. Signature of Rater: Print Name: Date: Last Revised — 04/10/2007 24