Contract 2022-127ADocuSign Envelope ID: FD1D3C85-2C2D-4F10-BDDA-646F16C28356
AIr�
A' , K
L E
COUNTY, FL
REAL FLORIDA • REAL CLOSE
MODIFICATION OF CONTRACT
Modification Number:Two (2)
Contract Number: 21-0903
Effective Date: 2/8/2023
Title: Disaster Debris Monitoring Services
Effective Date: 02/09/2021
Contracting Officer: Bill Ponko, CPPB
Contractor Name and Address:
E-mail: Bill.Ponko@lakecountyfl.gov
Telephone Number: 352-343-9489
Name: Witt O'Brien's LLC
Address: 2200 Eller Drive
Issued By:
Procurement Services
City: Fort Lauderdale, FL 33316
Lake County Administration Building
315 W. Main St., Suite 441
ATTENTION: Charles Bryant
rY
Tavares, Florida 32778-7800
INSTRUCTIONS: Contractor shall sign Signature Block showing acceptance of the below written modification and return
this form to Procurement Services within ten (10) days after receipt. Once fully executed, a copy of this modification will be
returned to the Contractor to attach to the original Contract.
DESCRIPTION OF MODIFICATION: Contract modification to extend contract for one (1) year, expiring on February 8,
2024.
CONTRACTOR SIGNATURE BLOCK
LAKE COUNTY SIGNATURE BLOCK
Signature: Ugnt 16iln.t,V'
Signature:
Print Name: Cheryl joiner
Print Name:
Title: Director of contracts &Compliance
Title: Contracting Officer
Date: Z.�4 L
Date. 12/11/2022
E-mail: cjoinerCdwittobriens.com
Secondary E-mail: contractre(iuests@,wittobriens.com
Distribution:
Original — Bid File
Copy — Contractor
Contracting Officer
PROCUREMENT SERVICES — DIVISION OF OFFICE OF MANAGEMENT AND BUDGET SERVICES
P.O. BOX 7800.315 W. MAIN ST., TAVARES, FL 32778 • P 352.343.9839 • F 352.343.9473
Board of County Commissioners • www.lakecount)fl.gor
DocuSign Envelope ID: 3D1E520E-9EC7-4117-BE9D-7194D463E300
Lff A
AKE
COUNTY, FL
REAL FLORIDA • REAL CLOSE
MODIFICATION OF CONTRACT
Modification Number:One (1)
Contract Number: 21-0903
Effective Date: 218/2022
Title: Disaster Debris Monitoring Services
Effective Date: 02/09/2021
Contracting Officer: Bill Ponko, CPPB
Contractor Name and Address:
E-mail Bponko@lakecountyfl.gov
Name: Witt O'Brien's LLC
Telephone Number: (352) 343-9389
Address: 2200 Eller Drive
Issued By:
Procurement Services
City: Fort Lauderdale, FL. 33316
Lake County Administration Building
ATTENTION: Charles Bryant
315 W. Main St., Suite 441
Tavares, Florida 32778-7800
INSTRUCTIONS: Contractor shall sign Signature Block showing acceptance of the below written modification and return
this form to Procurement Services within ten (10Jays after receipt. Once fully executed, a copy of this modification will be
returned to the Contractor to attach to the original Contract.
DESCRIPTION OF MODIFICATION: Contract modification to extend contract for one (1) year, expiring on
February 8, 2023.
CONTRACTOR SI BLOCK
LAKE COUNTY SIGNATURE BLOCK
Signature:
Signature:v ;"_:�
Print Name: 3onathan Hoyes
Print Name: l,/,-lT
Title: senior Managing Director
Title: Contracting Officer
Date:
Date: 1/13/2022
E-mail: ihoyes@wittobriens.com
Secondary E-mail: contractreguestsM Itobri ens _ c0m
Distribution:
Original —Bid File
Copy — Contractor
Contracting Officer
PROCUREMENT SERVICES —DIVISION OF OFFICE OF MANAGEMENT AND BUDGET SERVICES
P.O. BOX 7800.315 W. MAIN ST., TAVARES, FL 32778 • P 352.343.9839 • F 352.343.9473
Board of Cowmry Commissioners • www.lakecountjfl.go%,
BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA
OFFICE OF THE COUNTY MANAGER
AGENDA ITEM COVER SHEET
DATE: 118I2021
TO: Jo Anne Drury, Interim County Manager
THRU:
BY: Ralph Tipton, Senior Contracting Officer
SUBJECT: Disaster Debris Monitoring Services
MEETING DATE: 2f912021
ITEM TYPE: Consent Item
ITEM ID: 13343
RECOMMENDATION/REQUIRED ACTION:
Request approval:
1. Of Contract 21-0903 with Witt O'Brien's LLC (Houston, TX) for disaster debris
monitoring services throughout the County.
2. To authorize the Office of Procurement Services to execute all supporting
documentation.
The annual fiscal impact is listed at $25,000.00 (expenditure), but the fiscal impact is
indefinite in nature at this time as expenditures would occur as needs arise under a
declared disaster or emergency event.
BACKGROUND SUMMARY: The Office of Procurement Services, in coordination with
the Public Works Department, issued Request for Proposal 21-0903 (RFP) for disaster
debris monitoring services throughout the County. The solicitation provides for a one-
year initial term with four option periods of one-year duration each.
The County notified 89 local vendors. Responsive and responsible proposals were
received as noted in the attached solicitation respondent list. Evaluation of responses
was conducted via formal Selection Committee (SC) procedures. Pricing and technical
factors were considered in compliance with the evaluation criteria within the RFP. The
SC recommended award to Witt O'Brien's LLC.
Fiscal Impact: $25,000.00 (expenditure) m
Account No.:
Fund
Org
Object
Project
Fund Name
Amount
Number
Code
Code
Number
LANDFILL, LNDFL OPS,
4200
4569100
830340
$25,000.00
DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA
CONTRACTFOR
DISASTER DEBRIS MONITORING SERVICES
ITB# 21-0903
This is a contract between Lake County, Florida, a political subdivision of the State of
Florida, referred to in this contract as COUNTY, and Witt O'Brien's LLC, a foreign limited
liability company registered to do business in the State of Florida, its successors and assigns,
referred to in this contract as CONTRACTOR.
WITNESSETH:
WHEREAS, the COUNTY publicly submitted an Invitation to Bid (ITB) #21-0903
seeking firms or individuals qualified to provide the COUNTY disaster related debris monitoring
services; and
WHEREAS, CONTRACTOR wants to perform such services subject to the terms of this
contract; and
WHEREAS, the provision of such services will benefit the parties and the residents of
Lake County, Florida.
THEREFORE, the parties agree as follows:
1. The foregoing recitals are incorporated herein.
2. The purpose of this contract is for CONTRACTOR to provide monitoring services for debris
collection and debris management sites, to coordinate and manage all storm debris management
activities, and to furnish solutions to Lake County with regard to its debris management plan,
hereinafter referred to as the "Service."
3. Scone: On the terms and conditions set forth in this contract, COUNTY hereby engages
CONTRACTOR to and CONTRACTOR agrees to provide all labor, materials and equipment to
complete the service in accordance with the scope of services, attached hereto and incorporated
herein as Exhibit A, as modified or clarified by the addendums. It is understood that the scope of
services may be modified by change order as the service progresses, but to be effective and
binding, any such change order must be in writing, executed by the parties, and in accordance with
the COUNTY'S Purchasing Policies and Procedures.
4. Term: This contract will become in effect upon the date of the last party to sign and will remain
in effect for an initial term of one year. The contract prices will prevail for the fall duration of the
initial term. Prior to, or upon completion, of the initial teen, the COUNTY shall have the option
to renew this contract for four additional one-year period(s). Continuation of the contract beyond
the initial period, and any option subsequently exercised, is a COUNTY prerogative, and not a
right of CONTRACTOR. This prerogative will be exercised only when such continuation is
clearly in the best interest of the COUNTY.
5. Licenses and Permits: CONTRACTOR will be solely responsible for obtaining all necessary
approvals and permits to complete the Service, unless modified by the COUNTY in the scope of
DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA
CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES. ITB # 21-0903
work. CONTRACTOR will remain appropriately licensed throughout the course of the service.
Failure to maintain all required licenses will entitle the COUNTY to terminate this contract.
CONTRACTOR will be registered with the Florida Department of State in accordance with the
provisions of Chapter 607, Florida Statutes.
6. Conditions: CONTRACTOR aelmowledges that it has sufficient understanding of the nature
and conditions of the work, including but not limited to, those bearing upon transportation,
disposal, handling and storage of materials, availability of water, electric power, and roads,
uncertainties of weather, physical conditions, character of equipment and facilities, quality and
quantity of surface and subsurface materials, obstacles or conditions of the site. Any failure by
CONTRACTOR to acquaint itself with any aspect of the work or with any of the applicable
conditions will not relieve CONTRACTOR from responsibility for adequately evaluating the
difficulty or cost of successfully performing the work required, nor will it be considered a basis
for any claim for additional time or compensation.
7. Pam: COUNTY shall pay and CONTRACTOR shall accept as full and complete payment
for the timely and complete performance of its obligations hereunder as provided in the Pricing
Schedule which is attached as Exhibit B and which is made a part of this contract by reference.
The rates quoted will be deemed to provide full compensation for labor, equipment use, travel
time, and any other element of cost or price. CONTRACTOR shall submit an original invoice to
the COUNTY after each service has been completed. Submittal of these invoices shall not exceed
30 calendar days beyond the date the service was completed. Under no circumstances shall the
invoices be submitted to the COUNTY in advance of the delivery and acceptance of the service.
All invoices must contain the contract and purchase order number (if applicable), date and location
of delivery or service, and confirmation of acceptance of the goods or services by the appropriate
County representative. Failure to submit invoices in the prescribed manner will delay payment,
and the vendor may be considered in default of contract and its contract may be terminated.
Payments will be tendered in accordance with the Florida Prompt Payment Act, Part VII, Chapter
218, Florida Statutes.
8. Funding: In the event any part of this contract or the service, is to be funded by federal, state,
or other local agency monies, the CONTRACTOR hereby agrees to cooperate with the COUNTY
in order to assure compliance with all requirements of the funding entity applicable to the use of
the monies, including providing access to and the right to examine relevant documents related to
the Service and as specifically required by the Federal or state granting agency. A copy of the
requirements shall be supplied to the CONTRACTOR by the COUNTY upon request.
9. County Responsibilities.
A. Proiect Manager: The COUNTY will designate a COUNTY staff member to act as
COUNTY'S Project Manager. It is agreed to by the parties that the COUNTY'S Project Manager
will decide all questions, difficulties, or disputes, of whatever nature, which may arise relative to
the interpretation of the plans, construction, prosecution and fulfillment of the Scope of Services,
and as to the character, quality, amount and value of any work done, and materials furnished, under
or by reason of this Contract. The COUNTY'S Project Manager may appoint representatives as
desired that will be authorized to inspect all work done and all materials furnished.
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DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA
CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
B. The COUNTY will pay in accordance with the provisions set forth in this contract.
C. The COUNTY retains the right to inspect all work to verify compliance with the
contract documents. Such inspection may extend to all or any part of the work and to the
manufacture, preparation or fabrication of the materials to be used.
10. Contractor Personnel
A. Personnel: CONTRACTOR will assure that all personnel are competent, careful and
reliable. All personnel must have sufficient skill and experience to perform their assigned task
properly and satisfactorily, to operate any equipment involved, and will make an effort to execute
the work in the manner prescribed in the contract documents. When the COUNTY determines
that any person is incompetent, unfaithful, intemperate, disorderly or insubordinate, the COUNTY
will notify the CONTRACTOR of such in writing. The CONTRACTOR will have 48 hours to
rectify the situation or the COUNTY may withhold all payments which are or may become due or
may suspend the work with approval of the COUNTY until remedied. No alcoholic beverages or
drugs are permitted on any COUNTY properties. Evidence of alcoholic beverages or drug use by
an individual will result in immediate termination from the job site.
B. E-Verify: CONTRACTOR will utilize the U.S. Department of Homeland Security's
E-Verify system to verify the employment eligibility of all new employees hired by the
CONTRACTOR during the term of this contract; and will expressly require any contractor and
subcontractors performing work or providing services pursuant to this contract to likewise utilize
the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the contract term.
C. Employ: CONTRACTOR acknowledges and agrees that, in accordance with
Section 255.099, Florida Statutes, if the Service assigned to CONTRACTOR is being supported
in whole or in part by State funding CONTRACTOR will give preference to the employment of
state residents in the performance of the work on the Service if state residents have substantially
equal qualifications to those of non-residents. If CONTRACTOR is required to employ state
residents, CONTRACTOR will contact the Department of Economic Opportunity to post the
employment needs in the State's job bank system. However, if work involving the expenditure of
federal aid funds, this section may not be enforced in such a manner as to conflict with or be
contrary to federal law prescribing a labor preference to honorably discharged soldiers, sailors, or
marines, or prohibiting as unlawful any other preference or discrimination among the citizens of
the United States.
D. Criminal Justice Information Services (CJIS): When advised by the COUNTY'S
Project Manager, CONTRACTOR'S personnel, subcontractors, and representatives will be
required to complete an online training class that includes testing in order to have access to some
secure areas of COUNTY facilities. Fingerprinting may also be required and will be performed
by the Lake County Sheriffs Office at no expense to the CONTRACTOR.
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DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA
CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
E. Drug Screening and Background Check: CONTRACTOR shall comply with
COUNTY'S policy regarding drug screening, and background checks. CONTRACTOR'S
performance under this contract is conditioned upon successfully passing the drug screening, and
background check, which shall be coordinated with COUNTY. If an employee of
CONTRACTOR is deployed on an assignment prior to the successful passing of the drug
screening, and the background check, and CONTRACTOR fails to pass either, then
CONTRACTOR shall be responsible for full payment of the deployment expenses and
demobilization expenses (airfare, hotel, per diem etc...). In the event that COUNTY is required to
comply with a drug screening policy other than its own, or be required to conduct further
background checks, including but not limited to, finger printing, by virtue of an agreement between
COUNTY and a third party under which CONTRACTOR will provide Services, CONTRACTOR
shall comply with the requirements as set out in the agreement between COUNTY and the third
party, and the COUNTY shall provide all necessary consents and releases to the CONTRACTOR.
F. Emergency Contact: CONTRACTOR will have a responsible person available at, or
reasonably near, the Service on a 24-hour basis, seven days a week, who may be contacted in
emergencies and in cases where immediate action must be taken to handle any problem that might
arise. CONTRACTOR will submit to the COUNTY'S Project Manager, the phone numbers and
names of personnel designated to be contacted in cases of emergencies. This list will contain the
name of their supervisors responsible for work pertaining to this contract.
G. Notification of Emergency: In the event of an emergency affecting the safety or
protection of persons, or the work or property at the service site or adjacent thereto, the
CONTRACTOR, without special instruction or authorization from the COUNTY, is obligated to
act to prevent threatened damage, injury or loss. CONTRACTOR will contact the COUNTY as
soon as possible by telephone and email and with written notice as soon as feasible thereafter, but
no later than 24 hours after the occurrence of the emergency, if CONTRACTOR believes that any
significant changes in the work or variations from the contract documents has occurred. If the
COUNTY determines that a change in the contract documents is required as a result of the action
taken in response to an emergency, a change order request will be issued to document the
consequences of the changes or variations. If CONTRACTOR fails to provide written notice
within the 24-hour limitation noted above, CONTRACTOR will be deemed to have waived any
right it otherwise may have had to seek an adjustment to the contract amount or an extension to
the contract time.
11. Business Hours of Operation: Unless otherwise specified in the technical specifications or
scope of work, all work performed will be accomplished between the hours of 8:00 A.M. and 5:00
P.M., Monday through Friday, and no work will be performed on Saturdays, Sundays, or County
Holidays, unless permission to work has been requested in writing by the CONTRACTOR and
approval, in writing, has been granted by the COUNTY. Request for permission to work must be
received by the COUNTY no less than 14 days prior to the requested workday. County Holidays
are as follows: New Year's Day; Martin Luther King, Jr. Day; Presidents' Day; Memorial Day;
Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; Day after Thanksgiving; and
Christmas Day. Special schedules may be established if necessary, because of problems with noise
or similar difficulties affecting other County facilities, County operations, or citizens in homes or
buildings/rooms adjacent to the work being completed. When the CONTRACTOR requests and
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
is approved for Saturday, Sunday or holiday work, the COUNTY may assess the CONTRACTOR
the sum of $250.00 per county employee on site supervising the operation per day for each
Saturday, Sunday or recognized Holiday, or night time worked or planned to work. These fees
will be deducted from the final invoice.
12. Minimum Wage: The wage rate paid to all laborers, mechanics and apprentices employed by
the CONTRACTOR for the work under the contract will not be less than the prevailing wage rates
for similar classifications of work as established by the federal government and enforced by the
U.S. Department of Labor, Wages and Hours Division, and Florida's Minimum Wage
requirements in Article X, Section 24(f) of the Florida Constitution and enforced by the Florida
Legislature by statute or the State Agency for Workforce Innovation by rule, whichever is higher.
13. Safety:
A. CONTRACTOR will be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the work and for complying with all
requirements of the Occupational Safety and Health Administration (OSHA) and any other
industry, federal, state or local government standards, including the National Institute of
Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA).
CONTRACTOR will take all necessary precautions for the safety of, and will provide the
necessary protection to prevent damage, injury or loss to persons or property. CONTRACTOR
will be aware that while working for the COUNTY, representatives from agencies such as OSHA
are invitees and need not have warrants or permission to enter the work site. Any fines levied by
the above -mentioned authorities for failure to comply with these requirements will be borne solely
by CONTRACTOR.
B. CONTRACTOR certifies that all material, equipment, etc. to be used in an individual
Service meets all Occupational Safety and Health Administration (OSHA) requirements.
CONTRACTOR certifies that if any of the material, equipment, etc. is found to be deficient in any
OSHA requirement in effect on the date of delivery, all costs necessary to bring the material,
equipment, etc. into compliance with the aforementioned requirements will be borne by
CONTRACTOR. All standard equipment, work operations, safety equipment, personal protective
equipment, and lighting required or mandated by State, Federal, OSHA, or Americans with
Disabilities Act (ADA) regulations must be provided and used by CONTRACTOR and its
employees.
14. Accident Notification: If in the course of completing work as part of this contract there is an
accident that involves the public, the CONTRACTOR shall as soon as possible, inform the
COUNTY'S Project Manager of the incident by telephone and email. The CONTRACTOR shall
follow up in writing within two business days of the incident. If Law Enforcement was involved
and has written a report, the CONTRACTOR shall forward a copy of the report to the COUNTY' S
Project Manager.
15. Protection of Property: During the period of production of work and any warranty periods the
CONTRACTOR shall be responsible for processing any and all claims for property damage and
or bodily injury caused by the failure of the work including, such as but not limited to: motor
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DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602766BA
CONTRACT FOR DISASTER DEBRIS MONITORING SERyicrs, ITB # 21-0903
vehicles or pedestrians. The CONTRACTOR shall be responsible for the payment of all property
damage and bodily injury claims and agrees to save and hold harmless the COUNTY from all such
claims. Claims not handled by the contractor or their representative in the proper manner, will be
settled by the COUNTY. The COUNTY shall recover all costs from the CONTRACTOR.
16. Risk of Loss: CONTRACTOR assumes the risk of loss of damage to the COUNTY' S property
during possession of such property by CONTRACTOR, and until delivery to and acceptance of
that property to the COUNTY. CONTRACTOR will immediately repair, replace or make good
on the loss or damage without cost to the COUNTY, whether the loss or damage results from acts
or omissions, negligent or otherwise, of CONTRACTOR or a third party.
17. Contract Documents.
A. Definitions: For purposes of this contract, the term "contract documents" includes all
bid documents, drawings, the Scope of Services, exhibits, attachments, and provisions within this
contract, along with any change orders or amendments to this contract. It is the intent of the
contract documents to describe a functionally complete Service which defines the scope of work.
Any work, materials, or equipment that may reasonably be inferred from the contract documents
as being required to produce the intended result will be supplied whether or not specifically called
for. When words which have a well-known technical or trade meaning are used to describe work,
material or equipment, such words will be interpreted in accordance with that meaning. Reference
to standard specifications, manuals or codes of any technical society, organization or association
or to the laws or regulations of any governmental authority having jurisdiction over the Service,
whether such reference be specified or by implication, will mean the latest standard specification,
manual, code, law or regulation in effect at the time the work performed, unless specifically stated
otherwise herein.
B. Contract Documents: The contract documents and all referenced standards cited therein
are essential parts of the contract requirements. A requirement occurring in one is binding as
though occurring in all. Drawings and specifications are intended to agree and be mutually
complete. Any item not contained within the drawings, but contained in the specifications, or vice -
versa, will be provided or executed as shown in either the drawing or specification at no extra costs
to the COUNTY. Should anything not included in either the drawing or the specifications be
necessary for the proper construction or operation of the Service as herein specified, or should any
error or disagreement between the specifications and drawings exist or appear to exist,
CONTRACTOR will not derive unjust benefit thereby, or use such disagreement counter to the
best interests of the COUNTY. CONTRACTOR will immediately notify the COUNTY'S Project
Manager of any discrepancy and await the Project Manager's direction before proceeding with the
work in question.
C. Completion of the Scope of Services: CONTRACTOR will give the work the attention
necessary to assure the scheduled progress and will cooperate with the COUNTY and with any
other contractors on the job site. All work will be done in accordance with the contract documents.
When not specifically identified in the technical specifications, such materials and equipment will
be of a suitable type and grade for the purpose. All material, workmanship, and equipment will
be subject to the inspection and approval of the COUNTY.
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES. ITB # 21-0903
D. Errors and Omissions: CONTRACTOR will not take advantage of any apparent error
or omission in the contract documents. If any error or omission appears in the contract documents,
CONTRACTOR will immediately notify the COUNTY in writing of such errors or omissions. In
the event CONTRACTOR knows or should have known of any error or omission and failed to
provide such notification, CONTRACTOR will be deemed to have waived any claim for increased
time or compensation CONTRACTOR may have had and CONTRACTOR will be responsible for
the results and the costs of rectifying any such error or omission.
18. Changes in the Scope of Services:
A. The COUNTY may at any time, by issuance of a Change Order executed in accordance
with the COUNTY'S Purchasing Policies and Procedures make changes within the general scope
of this Agreement. If additional work or other changes are required, an offer will be requested
from the CONTRACTOR. Upon negotiation of the offer, execution and receipt of the Change
Order, the CONTRACTOR shall commence performance of the work as specified.
B. The CONTRACTOR shall not commence any additional work or other changes covered
by the Scope of Services for the individual project without an executed Change Order. If the
CONTRACTOR performs additional work beyond the specific requirements of this contract
without an executed Change Order, it shall be at the CONTRACTOR'S own risk. The COUNTY
assumes no responsibility for any additional costs for work not specifically authorized by an
executed Change Order.
19. Claims and Disputes:
A. Claims by CONTRACTOR will be made in writing to the COUNTY within five
business days after the commencement of the event giving rise to such claim or CONTRACTOR
will be deemed to have waived the claim.
B. CONTRACTOR will proceed diligently with its performance as directed by the
COUNTY, regardless of any pending claim, action, suit, or administrative proceeding, unless
otherwise agreed to by the COUNTY in writing. The COUNTY will continue to make payments
on the undisputed portion of the contract in accordance with the contract documents during the
pendency of any claim.
C. Claims by CONTRACTOR will be resolved in the following manner:
(1) Upon receiving the claim and supporting data, the COUNTY will within 15
calendar days respond to the claim in writing stating that the claim is either
approved or denied. If denied, the COUNTY will specify the grounds for
denial. The CONTRACTOR will then have 15 calendar days in which to
provide additional supporting documentation, or to notify the COUNTY that
the original claim stands as is.
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
(2) If the claim is not resolved, the COUNTY may, at its option, choose to submit
the matter to mediation. A mediator will be mutually selected by the parties
and each party will pay one-half the expense of mediation. If the COUNTY
declines to mediate the dispute, CONTRACTOR may bring an action in a court
of competent jurisdiction in and for Lake County, Florida.
(3) Claims by the COUNTY against CONTRACTOR will be made in writing to
the CONTRACTOR as soon as the event leading to the claim is discovered by
the COUNTY. CONTRACTOR will respond in writing within 15 calendar
days of receipt of the claim. If the claim cannot be resolved, the COUNTY will
have the option to submit the matter to mediation as set forth in (C)(2) above.
(4) Arbitration will not be considered as a means of dispute resolution.
(5) No claim for damages or any claim other than for an extension of time will be
made or asserted against the county by reason of any delays. No interruption,
interference, inefficiency, suspension or delay in the commencement or
progress of the work will relieve CONTRACTOR of its duty to perform or give
rise to any right to damages or additional compensation from the COUNTY.
CONTRACTOR expressly acknowledges and agrees that CONTRACTOR will
receive no damages for delay. This provision will not preclude recovery or
damages by CONTRACTOR for hindrances or delays due solely to fraud, bad
faith or active interference on the part of the COUNTY. Otherwise,
CONTRACTOR will be entitled to extensions of the contract time as the sole
and exclusive remedy for such resulting delay, in accordance with and to the
extent specifically provided above.
20. Waiver of Claims: CONTRACTOR'S acceptance of final payment will constitute a full
waiver of any and all claims by the CONTRACTOR against the COUNTY arising out of the
contract or otherwise related to the Service, except those previously made in writing and identified
by CONTRACTOR as unsettled at the time the final estimate is prepared. Neither the acceptance
of the work nor payment by the COUNTY will be deemed a waiver of the COUNTY'S rights to
enforce any continuing obligations of CONTRACTOR or to the recovery of damages for defective
work not discovered by the COUNTY at the time of final inspection.
21. Recovery Rights Subsequent to Final Payment: The COUNTY reserves the right, should an
error be discovered in the invoice, or should proof of defective work or materials used by or on
the part of CONTRACTOR be discovered after the final payment has been made, to claim and
recover from CONTRACTOR by process of law, such sums as may be sufficient to correct the
error or make good the defects in the work and materials, including any fees or costs associated
with the additional services of the COUNTY.
22. Termination: This contract may be terminated by the COUNTY upon 10 calendar days
advance written notice to the other party; but if any work, service or task hereunder is in progress
but not completed on the date of termination, then this contract may be extended upon written
approval of the COUNTY until said work, service or task is completed and accepted.
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES. 1TB # 21-0903
A. Termination for Convenience: In the event this contract is terminated or cancelled upon
the request and for the convenience of the COUNTY with the required 10 calendar day advance
written notice, the COUNTY will reimburse CONTRACTOR for actual work satisfactorily
completed.
B. Termination for Cause: Termination by either party for cause, default, or negligence
on the part of the other party will be excluded from the foregoing provision. Termination costs, if
any, will not apply. The 10-calendar day advance notice requirement is waived in the event of
termination for cause.
C. Termination Due to Unavailability of Funds in Succeeding Fiscal Years: When funds
are not appropriated or otherwise made available to support continuation of performance in a
subsequent fiscal year, this contract will be canceled, and CONTRACTOR will be reimbursed for
the reasonable value of any non -recurring costs incurred but not amortized in the price of the
supplies or services/Tasks delivered under this contract.
23. Assignment of Contract: This contract will not be assigned except with the written consent
of the COUNTY'S Procurement Services Director. No such consent will be construed as malting
the COUNTY a party to the assignment or subjecting the COUNTY to liability of any kind to any
assignee. No assignment will under any circumstances relieve CONTRACTOR of liability and
obligations under this contract and all transactions with the COUNTY must be through
CONTRACTOR. Unless otherwise stipulated herein, CONTRACTOR will notify and obtain prior
written consent from the COUNTY prior to being acquired or subject to a hostile takeover. Any
acquisition or hostile takeover without the prior consent of the COUNTY may result in termination
of this contract for default.
24. Insurance:
A. CONTRACTOR will purchase and maintain at all times during the term of this contract,
without cost or expense to the COUNTY, policies of insurance as indicated below, with a company
or companies authorized to do business in the State of Florida, and which are acceptable to the
COUNTY, insuring the CONTRACTOR against any and all claims, demands, or causes of action,
for injuries received or damage to property relating to the performance of duties, services, or
obligations of the CONTRACTOR under the terms and provisions of the contract. An original
certificate of insurance, indicating that CONTRACTOR has coverage in accordance with the
requirements of this section must be received and accepted by the COUNTY prior to contract
execution or before any work begins. It will be furnished by CONTRACTOR to the COUNTY' S
Project Manager and Procurement Services Director within five working days of such request.
The parties agree that the policies of insurance and confirming certificates of insurance will insure
the CONTRACTOR in accordance with the following minimum limits:
(1) General Liability insurance on forms no more restrictive than the latest edition
of the Occurrence Form Commercial General Liability policy (CG 00 01) of the
Insurance Services Office or equivalent without restrictive endorsements, with
the following minimum limits and coverage:
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
Each Occurrence/General Aggregate
Products -Completed Operations
Personal & Adv. Injury
Fire Damage
Medical Expense
Contractual Liability Included
$1,000,000/2,000,000
$2,000,000
$1,000,000
$50,000
$5,000
(2) Automobile liability insurance, including owned, non -owned, and hired autos
with the minimum Combined Single Limit of $1,000,000
(3) Workers' compensation insurance based on proper reporting of classification
codes and payroll amounts in accordance with Chapter 440, Florida Statutes,
and any other applicable law requiring workers' compensation (Federal,
maritime, etc.). If not required by law to maintain workers compensation
insurance, the CONTRACTOR must provide a notarized statement that if he or
she is injured, he or she will not hold the COUNTY responsible for any payment
or compensation.
(4) Employers Liability with the following minimum limits and coverage:
Each Accident $1,000,000
Disease -Each Employer $1,000,000
Disease -Policy Limit $1,000,000
(5) Professional liability and specialty insurance (medical malpractice, engineers,
architect, consultant, environmental, pollution, errors and omissions, etc.) as
applicable, with minimum limits of $1,000,000 and annual aggregate of
$2,000,000.
B. Lake County, a Political Subdivision of the State of Florida, and the Board of County
Commissioners, will be named as additional insured as their interest may appear all applicable
policies. Certificates of insurance must identify the RFP or ITB number in the Description of
Operations section on the Certificate.
C. CONTRACTOR must provide a minimum of 30 days prior written notice to the
COUNTY of any change, cancellation, or nomenewal of the required insurance.
D. Certificates of insurance must evidence a waiver of subrogation in favor of the
COUNTY, that coverage must be primary and noncontributory, and that each evidenced policy
includes a Cross Liability or Severability of Interests provision, with no requirement of premium
by the COUNTY.
E. CONTRACTOR must provide a copy of all policy endorsements, reflecting the required
coverage, with Lake County listed as an additional insured along with all required provisions to
include waiver of subrogation. Contracts cannot be completed without this required insurance
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
documentation. A certificate of insurance (COI) will not be accepted in lieu of the policy
endorsements.
F. Certificate holder must be:
LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND
THE BOARD OF COUNTY COMMISSIONERS.
P.O. BOX 7800
TAVARES, FL 32778-7800
G. All self -insured retentions will appear on the certificates and will be subject to approval
by the COUNTY. At the option of the COUNTY, the insurer will reduce or eliminate such self -
insured retentions; or CONTRACTOR will be required to procure a bond guaranteeing payment
of losses and related claims expenses.
H. The COUNTY will be exempt from, and in no way liable for, any sums of money,
which may represent a deductible or self -insured retention in any insurance policy. The payment
of such deductible or self -insured retention will be the sole responsibility of the CONTRACTOR
or subcontractor providing such insurance.
I. CONTRACTOR will be responsible for subcontractors and their insurance.
Subcontractors are to provide Certificates of Insurance to the COUNTY evidencing coverage and
terms in accordance with the CONTRACTOR'S requirements.
J. Failure to obtain and maintain such insurance as set out above will be considered a
breach of contract and may result in termination of the contract for default.
K. Neither approval by the COUNTY of any insurance supplied by CONTRACTOR, nor
a failure to disapprove that insurance, will relieve CONTRACTOR of full responsibility of
liability, damages, and accidents as set forth herein.
25. Indemnity: The CONTRACTOR shall indemnify and hold the COUNTY and its agents,
officers, commissioners and employees harmless for any damages resulting from failure of the
CONTRACTOR to take out and maintain the above insurance. The CONTRACTOR agrees to
indemnify, and hold the COUNTY and its agents, officers, commissioners, and employees, free
and harmless from and against any and all losses, penalties, damages, settlements, costs, charges,
professional fees or other expenses or liabilities resulting from the negligent act, error or omission
of the CONTRACTOR, its agents, employees, subconsultants, or representatives, in the
performance of the CONTRACTOR'S duties as set forth in this Agreement. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by
CONTRACTOR to indemnify COUNTY for the negligent acts or omissions of COUNTY, its
officers, agent or employees, or third parties.
26. Independent Contractor: The CONTRACTOR, and all its employees, agree that they will be
acting as independent contractors and will not be considered or deemed to be an agent, employee,
or partner of the COUNTY. The CONTRACTOR will have no authority to contract for or bind
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
the COUNTY in any manner and shall not represent itself as an agent of the COUNTY or as
otherwise authorized to act for or on behalf of the COUNTY. The CONTRACTOR warrants that
it has not employed or retained any company or person, other than a bona fide employee working
solely for the CONTRACTOR to solicit or secure this contract and that it has not paid or agreed
to pay any person, company, corporation, individual, or film other than a bona fide employee
working solely for the CONTRACTOR any fee, commission, percentage, gift, or other
consideration contingent upon on resulting from the award or making of this contract.
27. Return of Materials: Upon the request of the COUNTY, but in any event upon termination of
this contract, CONTRACTOR will surrender to the COUNTY all memoranda, notes, records,
drawings, manuals, computer software, and other documents or materials pertaining to the services
hereunder, that were furnished to CONTRACTOR by the COUNTY pursuant to this contract.
28. Public Entity Crimes: A person or affiliate who has been placed on the convicted vendor list
following a conviction of a public entity crime may not be awarded or perform work as a
contractor, supplier or subcontractor under a contract with any public entity in excess of the
threshold amount provided in Florida Statutes, Section 287.017 for Category Two for a period of
36 months from the date of being placed on the convicted vendor list.
29. Conflict of Interest: CONTRACTOR agrees that it will not engage in any action that would
create a conflict of interest in the performance of its obligations pursuant to this contract, or which
would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes,
relating to ethics in government. CONTRACTOR hereby certifies that no officer, agent, or
employee of the COUNTY has any material interest either directly or indirectly in the business of
CONTRACTOR conducted here and that no such person will have any such interest at any time
during the term of this contract unless approved by the COUNTY.
30. Retaining Other Contractors: Nothing herein will be deemed to preclude the COUNTY from
retaining the services of other persons or entities undertaking the same or similar services as those
undertaken by CONTRACTOR or from independently developing or acquiring materials or
programs that are similar to, or competitive with, the services provided under this Contract. While
the COUNTY has listed all major items which are utilized by the COUNTY'S offices and
departments in conjunction with their operations, there may be similar or ancillary items that must
be purchased by the COUNTY during the term of this contract. Under these circumstances, a
COUNTY representative will contact CONTRACTOR to obtain a price quote for the similar or
ancillary items. The COUNTY reserves the right to award these ancillary items to
CONTRACTOR, another vendor or to acquire the items through a separate solicitation.
31. Accuracv: During this contract, CONTRACTOR is responsible for the professional quality,
technical accuracy, timely completion and coordination of all the services furnished hereunder.
CONTRACTOR will, without additional compensation, correct or revise any errors, omissions or
other deficiencies in resulting from the services provided herein.
32. Right to Audit: The COUNTY reserves the right to require the CONTRACTOR to submit to
an audit, by any auditor of the COUNTY' S choosing. The CONTRACTOR shall provide access
to all of its records, which relate directly or indirectly to this contact at its place of business during
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
regular business hours. The CONTRACTOR shall maintain and retain all books, records, and
documents pertaining to this contract in accordance with generally accepted accounting procedures
and practices and upon request make them available to the COUNTY for five complete calendar
years following expiration of the contract. CONTRACTOR agrees to provide such assistance as
may be necessary to facilitate the review or audit by the COUNTY to ensure compliance with
applicable accounting and financial standards.
33. Force Maieure: The parties will exercise every reasonable effort to meet their respective
obligations hereunder, but will not be liable for delays resulting from force majeure or other causes
beyond their reasonable control, including, but not limited to, compliance with any Government
law or regulation, acts of nature, acts or omissions of the other party, Government acts or
omissions, fires, strikes, national disasters, wars, riots, transportation problems or any other cause
beyond the reasonable control of the parties. Any such cause will extend the performance of the
delayed obligation to the extent of the delay so incurred.
34. Public Records:
A. All electronic files, audio and video recordings, and all papers pertaining to any activity
performed by the contractor for or on behalf of the COUNTY will be the property of the COUNTY
and will be turned over to the COUNTY upon request. In accordance with Chapter 119, Florida
Statutes, each file and all papers pertaining to any activities performed for or on behalf of the
COUNTY are public records available for inspection by any person even if the file or paper resides
in the CONTRACTOR'S office or facility. The CONTRACTOR will maintain the files and papers
for not less than three complete calendar years after the Service has been completed or terminated,
or in accordance with any grant requirements, whichever is longer. Prior to the close out of the
contract, the CONTRACTOR will appoint a records custodian to handle any records request and
provide the custodian's name and telephone numbers to the COUNTY'S Project Manager.
B. Pursuant to Section 119.0701, Florida Statutes, CONTRACTOR will comply with the
Florida Public Records' laws, and will:
(1) Keep and maintain public records required by the COUNTY to perform the
services identified herein.
(2) Upon request from the COUNTY'S custodian of public records, provide the
COUNTY with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided for by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
contract if the CONTRACTOR does not transfer the records to the COUNTY.
(4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public
records in possession of the CONTRACTOR or keep and maintain public
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
records required by the COUNTY to perform the service. If CONTRACTOR
transfers all public records to the COUNTY upon completion of the contract,
CONTRACTOR will destroy any duplicate public records that are exempt, or
confidential and exempt, from public records disclosure requirements. If
CONTRACTOR keeps and maintains public records upon completion of the
contract, CONTRACTOR will meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
COUNTY, upon request from the COUNTY'S custodian of public records, in
a format that is compatible with the information technology systems of the
COUNTY.
C. IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT LAKE COUNTY, OFFICE OF PROCUREMENT SERVICES,
315 WEST MAIN STREET, P.O. BOX 7800, TAVARES, FL 32778 OR AT
352-343-9424 OR VIA EMAIL AT
PURCHASING(u,LAKECOUNTYFL.GO V.
D. Failure to comply with this subsection will be deemed a breach of the contract and
enforceable as set forth in Section 119.0701, Florida Statutes,
35. This contract is governed by and in accordance with, the laws of the State of Florida. Venue
for any legal action resulting from this contract will lie in Lake County, Florida.
36. Neither party may assign any rights or obligations under this contract to any other party unless
specific written permission from the other party is obtained.
37. This contract will be binding upon and will imire to the benefit of each of the parties and of
their respective successors and permitted assigns.
38. This contract may not be amended, released, discharged, rescinded or abandoned, except by a
written instrument duly executed by each of the parties hereto.
39. The failure of any party hereto at any time to enforce any of the provisions of this contract
will in no way constitute or be construed as a waiver of such provision or of any other provision
hereof, nor in any way affect the validity of, or the right thereafter to enforce, every provision of
this contract.
40. During the term of this contract the CONTRACTOR assures the COUNTY that it is in
compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights
Act of 1992, in that the CONTRACTOR does not on the grounds of race, color, national origin,
religion, sex, age, disability or marital status, discrimination in any form or manner against the
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
CONTRACTOR employees or applicants for employment. The CONTRACTOR understands and
agrees that this Contract is conditioned upon the veracity of this statement of assurance.
41. The CONTRACTOR will comply with all Federal, State and local laws, rules and regulations.
42. Any individual, corporation, or other entity that attempts to meet its contractual obligations
with the COUNTY through fraud, misrepresentation or material misstatement, may be debarred
for up to five years. The COUNTY may terminate or cancel any other contracts with such
individual, corporation, or entity. Such individual or entity will be responsible for all direct or
indirect costs associated with termination or cancellation, including attorney's fees.
43. With the consent of the CONTRACTOR, other agencies may make purchases in accordance
with the contract. Any such purchases will be governed by the same terms and conditions as stated
herein except for a change in agency name. In addition, although this contract is specific to a
County department, it is agreed and understood that any County department may avail itself of this
contract and purchase any and all items specified herein at the contract price(s) established herein.
A contract modification will be issued by the COUNTY identifying the requirements of the
additional County department(s).
44. The CONTRACTOR will act as the prime contractor for all required items and services and
will assume full responsibility for the procurement and maintenance of such items and services.
The CONTRACTOR will be considered the sole point of contact with regards to all stipulations,
including payment of all charges and meeting all requirements of this contract. All subcontractors
will be subject to advance review by the COUNTY in terms of competency and security concerns.
No change in subcontractors will be made without consent of the COUNTY. Even if the
subcontractor is self -insured, the COUNTY may require the CONTRACTOR to provide any
insurance certificates required by the work to be performed.
45, The invalidity or unenforceability of any particular provision of this contract will not affect
the other provisions hereof, and this contract will be construed as if such invalid or unenforceable
provisions were omitted.
46. This contract is intended by the parties hereto to be the final expression of their agreement,
and it constitutes the full and entire understanding between the parties with respect to the subject
hereof, notwithstanding any representations, statements, or contracts to the contrary heretofore
made. Any items not covered under this contract will need to be added via written addendum, and
pricing negotiated based on final specifications.
47. Wherever provision is made in this contract for the giving, service or delivery of any notice,
statement or other instrument, such notice will be in writing and will be deemed to have been duly
given, served and delivered, if delivered by hand or mailed by United States registered or certified
mail or sent by facsimile, addressed as follows:
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB 4 21-0903
If to CONTRACTOR:
If to COUNTY:
Greg Fenton, COO
Lake County Manager
Witt O'Brien's LLC
315 West Main Street
2200 Eller Drive
P.O. Box 7800
Fort Lauderdale, FL 33316
Tavares, Florida 32778
Each party hereto may change its mailing address by giving to the other party hereto, by hand
delivery, United States registered or certified mail notice of election to change such address.
48. Scone of Contract. This contract is intended by the parties to be the final expression of their
contract, and it constitutes the full and entire understanding between the parties with respect to the
subject of this contract, notwithstanding any representations, statements, or contracts to the
contrary previously made. Any items not covered under this contract will need to be added via
written addendum, and pricing negotiated based on final specifications.
This contract contains the following attachments, all of which are incorporated in this contract:
Exhibit A
Scope of Services
Exhibit B
Pricing Sheet
Exhibit C
Federal Forms
Exhibit D
Federal Terms
[SIGNATURE PAGE FOLLOWS]
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITS # 21-0903
IN WITNESS WHEREOF, the parties have signed this contract through their
authorized representatives on the dates under each signature:
WITT O'BRIEN'S LLC
Greg Fenton, COO
January
This h day of , 2021.
BOARD OF COUNTY COMMISSIONERS
OF LAKE COUNTY-�FLORIDA
SEAN M. P
This day of , 2021
ATTEST:
diary J. Co ' ey lerl�
Board of o y CommissKhers f
Lake Coun , Florida
Approved as to form and legality:
Melanie Marsh, County Attorney
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES 21-0903
SCOPE OF SERVICES
The purpose of this solicitation is to retain a qualified consultant to provide monitoring services
for debris collection and debris management sites, to coordinate and manage all storm debris
management activities, and to furnish potential solutions to Lake County with regard to its debris
management plan in accordance with applicable regulations of the Federal Emergency
Management Agency (FEMA), Federal Highway Administration (FHWA), Florida Department of
Transportation (FDOT), Florida Department of Health (FDH), Natural Resources Conservation
Services (MRCS), Lake County Water Authority (LCWA), and the Florida Department of
Environmental Protection (FDEP) in conjunction with the County's needs.
To the best of its abilities, the consultant shall be cognizant of, and ensure that the most current
Federal, state, and local regulations and requirements are being followed in the performance of
work under the contract.
This is an indefinite quantity contract with no guarantee services will be required. There is no
guaranteed minimum or maximum dollar amount or volume to be expended on any contract
resulting from this solicitation.
The consultant shall be responsible for the overall monitoring of debris removal and collection.
This includes monitoring the progress of debris removal contractor(s) and recovery contractor(s)
and suggesting/implementing recommendations to improve efficiency and to speed up recovery
work. The consultant may also be involved in the selection of debris haulers. The consultant
shall coordinate with the disaster debris contractor to devise a collection routing plan that insures
a well -managed, organized approach to debris collection. The consultant shall also recommend the
routing plan for approval by the County; only County township maps will be used for all debris
planning and logistics. Depending on the impact of events in Lake County, the consultant may be
required to provide trained and qualified individuals for Planning, Logistics, Recovery and
Operations Sections in the County Emergency Operations Center and select Emergency Support
Function staff.
Deployment
Consultant must be prepared to deploy debris monitors within twenty-four (24) hours from the
date of the notice to proceed issued by the County. When additional debris monitoring is needed
to meet requirements of the monitoring contract, consultant shall be prepared to increase the
number of debris monitors for the County to use as needed.
Pre -Event Requirements
Services to be provided by the Consultant pre -event, include but are not limited to:
Provide assistance in preparation for disasters through participation in meetings and
workshops, and the establishment of data management and other integrated systems.
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EXI3IBIT A
DISASTER DEBRIS MONITORING SERVICES
21-0903
Provide full-time County personnel with a half -day debris management training session.
The training program must, at a minimum, meet the training requirement for debris
monitors as outlined by current FEMA debris management guidance.
Participate in annual workshops or planning meetings with County representative(s) and
debris hauling and disposal contractor(s) to establish/review applicable policies and
procedures.
Post -Event Requirements
Services to be provided by the Consultant post -event, include but are not limited to:
• Assist with load inspections for storm debris cleanup being performed by one or more
debris hauling and disposal contractors or County agencies.
• Supply sufficient number of trained debris monitors and trained field supervisors to
accommodate the volume of debris to be removed at loading sites and debris management
sites or final disposal sites.
• Supply one field supervisor to oversee no more than ten (10) loading and tower/site debris
monitors.
• Remove and replace employees immediately upon notice from the County Project Manager
for conduct or actions not in keeping with this contract.
• An independent temporary field office for the monitoring staff shall be provided by the
consultant. The office shall include telephone, computer, copier and fax. Designated
parking spaces at the office location for the monitoring staff shall be required. All County
parking spaces are reserved for County personnel only.
Personnel Requirements and Responsibilities
On -Site Project Manager
The consultant shall appoint a specific project manager for the overall coordination and
communication with the County. If the assigned project manager cannot be located on -site at all
times, the consultant will assign a competent on -site operations manager who shall remain on the
jobsite at all times during the progress of the work. The term "competent" includes the ability to
clearly communicate, orally and in writing, in English. The on -site manager shall be the primary
representative under this contract for the consultant. All authorized communications given to the
on -site manager by the County, and all contract -related decisions made by the on -site manager,
shall be binding to the consultant. The on -site manager shall be considered to be, at all times, an
employee of the consultant under its sole direction and not an employee or agent of the County.
Examples of project management/process oversight tasks to be provided under this contract
include but are not limited to:
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES
21-0903
• Assist the County with permit applications and coordination with environmental
agencies, including the environmental permitting of the Debris Management Sites
and/or the Temporary Debris Management Sites.
• Assist the County with any required pre- or post- groundwater sampling.
• Monitor contractors' compliance to permit requirements and address any
noncompliance issues.
• Review and validate debris removal contractor invoices prior to submission to the
County.
• Coordinating daily briefings, work progress, staff, and other key items with the County.
• Assisting with scheduling, dispatching, and logistical operations of the field inspectors
assigned to work areas of storm debris clean-up.
• Hiring, training, deploying and supervising inspectors.
• Establishing daily schedules for the inspectors.
• Monitoring and recording the measurement (cubic yards) of each vehicle in service.
• Determining vehicle monitoring assignments and providing the necessary vehicle
decals for debris collection vehicles for identification and tracking purposes. Decals
shall be large enough to accommodate a minimum of four inch (4") high letters and
shall be placed in a visible location for tower monitoring.
• Tracking and coordinating with County personnel to respond to problems in the field,
including citizen complaints, related to commercial and/or residential property damage
claims as a result of debris removal.
• Conducting end of day duties and verifying all vehicles have left the disposal site at the
specified time established by the County.
• Record the streets and locations where debris was collected. Maps shall be posted daily
in a central location at the County and updated by 10:00 a.m. each business day of the
progress from the previous day(s) worked.
• Schedule work for all team members and contractors on a daily basis.
• Scheduling and managing field staff.
• Conduct all safety inspections on a regular, predetermined and random basis. Ensure
the appropriate frequency of oversight is performed for all work crews, vehicles, and
locations.
• Scheduling and conducting periodic meetings with field staff and contractors.
• Monitor contract(s) for compliance by the debris removal contractor(s).
• Respond to and document issues concerning complaints, damages, accidents or
incidents involving debris contractors as a result of debris removal operations on both
public and private property.
• Address any environmental concerns, including any violations of the FDEP's debris
site conditions guidelines; oversee operations to correct to the satisfaction of FDEP.
Debris Monitoring Field Supervisor
Consultant will provide one (1) Debris Monitoring Field Supervisor for no more than ten (10)
debris loading site debris monitors.
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DISASTER DEBRIS MONITORING SERVICES
21-0903
Services to be performed by the Debris Monitoring Field Supervisor(s) include, but are not limited
to:
• Overseeing and supervising loading site and disposal site debris monitoring activities
• Scheduling debris monitoring resources and deployment timing
• Communicating and coordinating with County personnel
• Providing suggestions to improve the efficiency of collection and removal of debris
• Coordinating daily activities and future planning
• Remaining in contact with debris management/dispatch center or supervisor
• Identifying, addressing, and troubleshooting any questions or problems that could
affect work area safety and eligibility
• Supervising the accurate measurement of load hauling compartments and accurately
computing volume capacity in cubic yards (CY)
• Documenting and recording measurements and computations
• Documenting truck hauling compartment condition using digital photographs
• Preparing a master logbook of all hauling equipment used by the County's debris
removal contractor(s)
• Compiling, reconciling, and documenting daily, in an electronic spreadsheet format, all
eligible debris hauled by the debris removal contractor(s)
Debris Monitors
Consultant will provide trained debris monitoring personnel to oversee the loading of eligible
debris at collection sites and verification of load capacity and documentation at designated
temporary debris management or final disposal sites.
Specific services for each type of Debris Monitors include, but are not limited to the following:
Debris Loadina Site Monitors
Debris Loading Site Monitors will perform on -site, street -level debris monitoring at all
contractor loading sites to verify debris eligibility based on the monitoring contract's
requirements and initiate debris removal documentation using load tickets.
Debris To Monitors
Debris Tower/Site Monitors will verify estimated quantities of eligible debris hauled by
contractor trucks and documented on load tickets.
Services include, but are not limited to:
Providing trained debris monitoring personnel to accurately measure load hauling
compartments and accurately compute volume capacity in CY for all contractor
trucks and trailers prior to commencement of debris hauling operations
Documenting measurements and computations
Completing record of contract haulers' cubic yardage and other recordkeeping as
needed on the load ticket
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES
21-0903
Initialing each load ticket before permitting trucks to proceed from the check -in
area to the tipping area
Remaining in regular contact with debris management/dispatch center or field
supervisor
Performing other duties as directed by the dispatch/staging operation, debris
management project manager, or other designated personnel
Clerical/Data Entry Supervisor
Consultant will provide a clerical/data entry supervisor to coordinate data entry and information
management system.
Services include, but are not limited to:
• Supervising the preparation of detailed estimates and submitting them to the County debris
manager
• Implementing and maintaining a disaster debris management system linking the load ticket
and debris management site information, including reconciliation and photographic
docmmentation processes
• Providing daily, weekly, or other periodic reports for the County Project Manager noting
work progress and efficiency, current/revised estimates, project completion, and other
schedule forecasts/updates
ClericalStaff/Data Entry Clerk
Consultant will provide clerical staff/data entry clerk(s) as required to enter load ticket
information into the contractor's information management systems and to respond to specific
directions from the data entry supervisor.
Collection Monitoring
In order to obtain FEMA or FHWA reimbursement, all loads must be monitored in the field by
collection monitors. The consultant shall establish an accurate and complete load ticket process
and provide collection monitors -staff to record required FEMA or FHWA data. The consultant
shall train collection monitors to assure proper FEMA or FHWA documentation protocol
requirements are instituted and followed.
Consultant shall provide a field quality control team consisting of one monitor per recovery crew
and at least one field supervisor for every seven monitors unless otherwise approved by the County.
Should the consultant wish to utilize less than the specified 'field staffing, a detailed plan should
be submitted to the County for review. This plan should outline areas for such a reduction of staff
as well as a description of how recovery crews shall be monitored to meet FEMA or FHWA
guidelines and provide adequate fraud protection for the County. Upon submission of this plan,
the County will review the plan with FEMA or FHWA and provide an approval or denial of this
request. This team will monitor the recovery contracts for contract compliance, efficiency and
regulatory compliance. The team shall provide daily feedback to the County through their
management team. All field team members shall be equipped with the state-of-the-art technology,
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES
21-0903
which shall include cameras, computers, communication devices, and other equipment as deemed
necessary and/or appropriate.
Examples of collection monitoring tasks include but are not limited to:
1) Verification that all debris picked up is a direct result of the disaster.
2) Verification that the contractor is working in their assigned contract areas.
3) Stopping work in progress that is not being performed or documented in the appropriate
manner. Such work should be noted for nonpayment.
4) Inspecting work in progress to ensure that removal efforts include debris of the proper type
in the proper areas.
5) Ensuring compliance with contracts by all subcontractors.
6) Maintain all photo documentation of recovery work on a daily basis. All photos presented
shall show the description in detail of hanger, stumps and leaner removal. The team shall
photograph every stump and leaner removed as well as a random sample of hanger removal
activities.
7) Ensure that contractor is working in compliance with all federal, state, local safety
regulations appropriate for the task being performed.
Load Tickets Process Development
The consultant shall establish a load ticket process and forms to be provided to collection monitor
staff for recording of FEMA or FHWA data. Load tickets should consist of multiple copied pages.
The consultant shall retain original completed tickets on behalf of the County. Additionally, the
consultant, vehicle driver, subcontractor, and the contractor shall also receive copies of completed
load tickets. Original tickets retained by the consultant on behalf of the County shall be turned
over to the County upon completion of the project.
If the consultant wishes to use an automated load ticket or automated reporting system, the
consultant shall be responsible for verifying the system is acceptable by all Federal agencies
involved in the reimbursements, and for supplying all hardware and software needed for the
System.
Load tickets shall include the following information, at a minimum:
a. Date
b. Time
c. Designation of "Push", first pass, second pass and subsequent passes
d. Map Page (Debris Zone) Section Number
e. Complete Street Address of Closest Property
f. Nearest Cross Streets Type of Debris Vehicle number Percent of volume full
g. Driver name (printed) and signature
h. Field monitor's name (printed) and signature
i. Name of sub -contractor
j. Tower monitor's name (printed) and signature
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES 21-0903
Disposal Site Monitoring
All debris collected and disposed of and certification of collection vehicles must be monitored and
documented by the disposal site monitors.
The consultant shall provide disposal site monitors and spotters to observe unloading operation at
the County's designated disposal sites. A minimum of two disposal site monitors are required per
debris site. These staff members in conjunction with the project management team shall coordinate
the logistics of the disposal site to ensure efficient traffic flow and proper handling of load tickets
that record FEMA or FHWA data (such as vehicle fullness, type of waste, etc.). The consultant
shall observe all vehicles entering and exiting the disposal site, ensuring all vehicles are in good
repair and safe with secure side boards and have a tailgate. No vehicles will be allowed to enter
the disposal site without a tailgate. Disposal site monitors shall also provide verification that all
debris reduction and disposal sites have access control and security. Any household hazardous
waste and e-waste items shall be collected at the curbside by the County's Household Hazardous
Waste Contractor through the FEMA/FHWA certification process and tracking system.
The consultant shall, through the disposal site monitoring effort, measure each vehicle that will be
picking up debris for volume and certify its capacity. This vehicle shall be monitored to
determine fullness, type of waste, and point of origin. This certification process includes
developing certification forms and documents to accurately measure the cubic yard volume to the
nearest cubic yard of each vehicle. These forms shall show at a minimum the following
a. Length
b. Width
c. Depth
d. Gross volume in cubic yards
e. Reduction areas such as wheel wells to reduce volume areas in cubic yards
f. Net volume in cubic yards
g. Tag number of vehicles
h. Company vehicle number
i. Driver of vehicle name (printed) and signature
j. Disposal site monitor name (printed) and signature certifying vehicle
k. Date
All debris hauling vehicles shall be certified prior to performing debris removal. The disposal
monitor shall complete a certification on each vehicle. In addition to certifying the vehicle with
the forms, photographs shall be taken of each vehicle showing the vehicle number and type of
vehicle. These photographs shall be attached with the certification. Original copies of these
certifications including photographs shall be retained by the consultant on behalf of the County (to
be returned to the County upon project completion). Additional copies shall be provided to the
debris removal contractor, the vehicle driver, and the consultant. Once these vehicles are certified,
all volumes shall be electronically verified by the consultant within one (1) business day of the
physical certification. Subsequent random verifications shall be performed once every two weeks
on all vehicles, both electronically and manually by the consultant.
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES 21-0903
When a debris site monitor signs a vehicle certification or load ticket, he or she is certifying that
ALL information on the document is completed and the volumes/measurements are correct. The
debris site monitor should not signor accept any partially completed information. Only completed
tickets signed by a debris monitor will be paid by the County. Debris site monitor (s) shall verify,
or calibrate, his or her debris removal vehicle load determinations with the FEMA or FHWA tower
monitors on a daily basis. Disposal site monitors are expected to provide volume determination
consistent with FEMA or FHWA.
Examples of disposal site monitoring tasks include but are not limited to:
1) Monitoring type of waste prior to entering disposal site.
2) Ensure type of waste is disposed in proper location.
3) Estimate the volume of loads on percentage basis of debris collection vehicles.
4) Performing vehicle certifications.
5) Ensuring the safety and security of the disposal site.
6) Certifying the completeness of all load tickets that enter into the disposal site.
7) Ensure only empty vehicles leave the disposal site.
Public Information Assistance
The consultant shall provide regular status updates to the County for public information use.
The consultant shall provide a minimum of two staff members to assist with public telephone
inquiries and complaints. These staff members shall log all customer calls and maintain a status
log toward the resolution of each call. This public information team shall log all damage
complaints concerning the debris removal contractor(s) separately. These damage complaints
shall be forwarded to project management team to be resolved with the contractor. A weekly log
of such complaints and their resolution shall be provided to the County.
The consultant shall provide the County and the debris contractor with daily updates on the
quantities of debris collected. Each daily report shall contain the following:
a. Contractor name
b. Contract number
c. FEMA/FHWA qualification
d. Reports and graphs to delineate production rates of crews and their equipment, progress by
area and estimations of total quantities remaining, estimated time to completion, and daily
cumulative cubic yards of debris removed, processed, and hauled.
This report is due no later than 10:00 a.m. the following business day or as requested by the
County.
The consultant shall provide, weekly, a colored collection status map, electronically prepared. This
map shall show areas currently collected as well as areas to be collected for the upcoming week.
The map is due to the County by 12:00 p.m. noon every Monday. Maps shall be provided in
various sizes and quantities as determined by the County.
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES 21-0903
Database Reporting
The consultant shall be responsible for collecting, auditing for completeness and accuracy,
tabulating and organizing disposal data into required electronic FEMATHWA
formats.
A single Microsoft Access database shall be created by the consultant. This database shall include
all information on debris removal including but not limited to: load ticket information, vehicle
certification information, stump removal information, hanger removal data, and leaner removal
information and determination of pass status (i.e. push, first pass, second pass and subsequent
passes. This database shall record all information to a County facility or road listed within the
Lake County Master Street Addressing Guide. Any electronic reporting from this database must
be provided in either Adobe or Microsoft Excel. The database created by the consultant shall be
given to the County at the conclusion of the event.
Payment Monitoring
The consultant shall review and validate debris removal contractor(s) invoices prior to submission
to the County for processing and separating of FEMA and FHWA requirements.
All invoices from the debris removal contractor(s) shall be submitted to the monitoring consultant.
Within seven (7) calendar days of receipt, the invoices shall be reviewed by the monitoring
consultant to be accepted or rejected. The consultant shall issue in writing to the County and the
debris contractor, the acceptance or rejection of the invoices. If the invoice is rejected, the letter
shall state a detailed reason for the rejection. Only 100 percent accurate and completed invoices
will be forwarded to the County for payment. The County shall provide a report weekly to the
consultant. This report shall show all paid invoices with the invoice number and payment date.
Other Related Services:
Event Closure
The consultant shall assist the County in preparing final reports necessary for reimbursement by
FEMA, FHWA, and other applicable agencies for disaster recovery efforts by County staff and
designated debris removal contractors. The consultant shall assist in reviewing and processing
requests for payment by the disaster debris removal contractors.
Federal Fundine
To ensure that processing of Federal funding is done as quickly as possible, the following
information and its accuracy is the responsibility of the consultant: invoices, monitoring
information, reports, load tickets, payroll, equipment hours, certification and date of completion
of first pass.
Com llp 'ance
The consultant shall provide professional oversight to ensure compliance with FDEP regulations,
FDOT, FHWA, LC WA, NRCS, FDOH, and FEMA reporting requirements, and any other Federal,
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES
21-0903
State, or Local regulation(s). The consultant shall stay current with FEMA, FDOT, FDEP, LCWA,
NRCS, FDOH, and FHWA policies and procedures and notify the County immediately as changes
occur.
The vendor shall ensure specific compliance when required by regulation or statute with all Federal
or State regulatory requirements, specifically including but not limited to, the Buy America Act,
the National Environmental Act (NEPA) of 1969, 49 CFR Part 26 regarding utilization of
Disadvantaged Business Enterprises (DBEs), American with Disabilities Act (ADA) of 1990,
the Equal Opportunity Act, 23 USC 114 regarding prohibited use of convict labor, and all
applicable regulation regarding prohibition of use of contractorswhich have been suspended or
debarred.
Selected consultant shall check work in process to make sure that the proper work authorizations,
permits and other prerequisites have been received.
Meetings with County Personnel
Lake County personnel will conduct a kick-off meeting, with the Consultant when the contract is
awarded.
The consultant shall meet with the County representatives and the contractor daily during a
disaster. During periods without a disaster, the consultant shall meet with the County at least once
a year at no cost. This meeting shall occur prior to the hurricane season.
Reporting to the County's Project Manager
The consultant shall contact Lake County's Project Manager, at a minimum, 24 hours prior to a
hurricane event or immediately upon the occurrence of a major disaster event within Lake County
in which there is no advance notification/warning. The consultant shall report to the designated
County Project Manager within 8 hours of being given Notice to Proceed.
Note: The County shall appoint a Project Manager for each/any event and the Project Manager
shall be the lead County representative during each/any event. The County Project Manager will
be responsible for the management/process oversight tasks including but are not limited to the
similar requirements of the Contractors Project Manager.
Debris Sites
The consultant shall ensure that site field monitors are deployed and operational commensurate
with the beginning of debris collection and the establishment of debris sites.
Staffing
The consultant shall include in the response to this RFP a management plan that will outline how
the consultant proposes to handle the services, staffing, and equipment necessary to meet the
County's requirements as identified in this RFP. The consultant shall submit a list of personnel to
be used in this contract, which will include names, addresses, phone numbers, cell numbers, and
driver's license numbers. Changes to the list will be pre -approved by the County. The supervising
staff must speak English and be able to effectively communicate with the drivers.
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES
The management staff plan shall consist of the minimum following positions:
a. Project Manager
b. Operations Manager
c. GIS Analyst
d. Field Supervisors
e. Debris Site/Tower Monitors
f. Data Entry Clerks (Load Ticket)
g. Billing and Invoice Analysts
h. Administrative Assistant
i. Field Coordinators (Crew Monitors)
21-0903
The consultant may use other positions as necessary. All such positions and applicable hourly
rates shall be listed in the cost proposal form.
The consultant's hourly rate must include all travel related expenses, heal allowances, hotel
rooms, and any other relevant out of pocket expenses. The County shall only reimburse at the
the consultant at the actual cost for office related expenses. Office related expenses shall be limited
to copying and printing. A log detailing both copying and printing activities shall be submitted
with each invoice.
In submitting a proposal, the Proposer is representing that each person listed or referenced in the
proposal shall be available to perform the services described for the Lake County Board of County
Commissioners, barring illness, accident, or other unforeseeable events of a similar nature in which
case the Proposer must be able to promptly provide a qualified replacement. In the event the
Proposer wishes to substitute personnel, the Proposer shall propose a person with equal or higher
qualifications and each replacement person is subject to prior written County approval. In the
event the requested substitute person is not satisfactory to the County and the matter cannot be
resolved to the satisfaction of the County, the County reserves the right to cancel the contract for
cause.
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DocuSign Envelope ID: C07DOD64-99B2-4A93-8C06-A668C6377904 Ei XH' IBIT A
LLARE
COUNTY, FL
REAL FLOR104 • RfAI CLOSE
OFFICE OF PROCUREMENT SERVICES
315 WEST MAIN STREET, SUITE 441
PO BOX 7800
TAVARES FL 32778-7800
ADDENDUM NO. 1
Date: December 3, 2020
Request for Proposal (RFP) 21-0903
Disaster Debris Monitoring Services
PHONE: (352) 343-9839
FAX: (352) 343-9473
It is the vendor's responsibility to ensure their receipt of all addenda, and to clearly acknowledge all
addenda within their initial bid or proposal response. Acknowledgement may be confirmed either by
inclusion of a signed copy of this addendum with their response by completion and/or return of the
addendum acknowledgement section of the solicitation. Failure to acknowledge each addendum may
prevent the bid or proposal from being considered for award.
This addendum DOES NOT change the date for receipt of bids.
A. Questions and Answers
Q 1. RFP Section 5 on Method of Award (page 2), criterion 43 indicates that vendors are to provide three
references within the page 3 years using Attachment 3. However, Attachment 3 indicates no more than
5 projects within the past 5 years. Please clarify which requirement is correct.
Al. Three references within the past 3 years.
Q2. RFP Section 5 on Method of Award (page 2), criterion #5 indicates "all technical specifications
associated with this solicitation." Please clarify what element of the proposal will be evaluated for this
criterion.
A2. There are rio specific technical specifications, but evaluation will be based on qualifications of firm,
costs and fee schedule, past performance, materials and plan to accomplish tasks.
Q3. Scope of Services Post -Event requirements (page 2) indicates that "An independent temporary field
office for the monitoring staff shall be provided by the consultant." However, the last sentence (county
parking spaces are reserved for County personnel only) implies that the space will be provided by the
County. Please confirm that the consultant (award winner) will need to provide the office space.
A3. Award winner provides office space.
Q4. Scope of Services, Database Reporting (page 9) indicates that the consultant must provide a
Microsoft Access database. Will the County accept our use of login to our web portal and cloud -based
database instead?
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DocuSlgn Envelope in; CD7D9D64-99B2-4A93-8C06-A666C6377904 EXHIBIT A
A4. Yes.
Q5. The Scope of Services section on "Other Related Services" includes a section on staffing (page 10)
that requires respondents to include a management plan in their proposals. In which of the 8 proposal
sections to be uploaded should the management plan be included? The instructions indicate that the plan
should include a list of personnel, including names, addresses, phone numbers, cell numbers, and driver's
license numbers. As much of this is personally identifiable information (PII), will the County accept just
the names of personnel (and not the PM?
A5. Section 3 Proposed Solution; Yes.
Q6, Regarding Exhibit E, could the County clarify as to how the FHWA 1273 is applicable as it pertains
to construction contracts and would not be applicable to the type of contract that will be awarded?
A6. This exhibit is not applicable,
Q7, Will changes be allowed to the terms and conditions?
AT No changes will be made to the terms and conditions at this time but may be considered during the
contract preparation phase with the consultant recommended for award.
B. Clarifications
No Truth in Negotiation Certificate will be required for these services.
Acknowledgement of Addendum:
Firm Name: Witt O'Brien's
Signature: AM-
Typed/Printed Name: Greg Fenton
Date: 12/7/2020
Title: Chief Operating Officer
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EXHIBIT B - PRICING
WIT 1 0eBRIEN0S
PART OP THE SEACOR FAMILY
5. PRICING SHEET
Type YOur.Flrm'� Na iie Hire
The Contractor will furnish all labor, materials, tools, transportation and equipment
necessa to provide services to the Count.
ITpEM
ITEM DESCRIPTION
Unit of Measure
RATE
1
Project Manager
Hour
$67.50
2
Operations Manager
Hour
$53.00
3
OIS Analyst
Hour
$0.00*
4
Field Supervisor
Hour
$49,00
5
Debris Site/Tower Monitor
Hour
$34.00
6
Data Entry Clerk (Load Ticket)
Hour
$30.00
7
Bitling/InvoiceAnalysis
Hour
$4.5.00
8
Administrative Assistant
Hour
$0.00**
9
Field Coordinator
Hour
$32.00
Other Work..
Classifications(Specify):
Unit of
Measure
RATE
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Other Expel ses (Specify)
Unit of
Measure
RATE
$0.00
$0.00
$0.00 ----
$0.00
—
$0.00
$0.00
Master Debris Monitoring Services I RFP 21-0903 - wittobrlens.com 1
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EXHIBIT B - PRICING
WITT O BRIEN S
PAM' QFTHE SIZACOR FAMILY
"Our ADMS Debrs1ProTM reduces the need for a dedicated professional GIS Analyst. Generally, our geospatial
mapping can be done without the assistance of this position,
"The Administrative Assistant will not be required to conduct the scope of this work. Our technical approach
allows us to absolve these responsibilities through a more efficient use of our operations manager, billing and
Invoice analyst, and data entry clerk.
Disaster Debris Monitoring Services / RFN 21-0003 wtttobriens.com 2
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DOCnSIgn Envelope ID: CD7D6D64.00B7.-4Ag3.8C06-A66806377904 EXHIBIT C
ATTACHMENT 4— CERTIFICATION REGARDING LOBBYING 21.0903
CERTIFICATION REGARDING LOBBYING
The undersigned Greg Fenton certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, load, or cooperative
agreement, the undersigned shall complete and submit Standard Forme LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was used when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The Contractor certified or affirms that the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Contractor understand and agrees that the
provisions of 31 U.S.C. See. 3801 of seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Greg Fenton, Chief Operating Officer Name and Title of Authorized Official
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ATTACHMENT 5 — DUNS, CCR AND CERTIFICATION
REGARDING DEBARMENT FORM 21-0903
DUNS, CCR AND CERTIFICATION REGARDING DEBARMENT FORM
1, DUNS Number: The selected contractor must submit their company's Dunn and Bradstreet
(DUNS) Number. If the contractor does not presently have a DUNS Number, please go to the
following link to obtain a company DUNS Number:
htto://www.d n b.com/set-a-du ns-n umber. htm I
A DUNS number can be obtained free of charge to the contractor applicant. The contractor
howevershould requestthe DUNS Numberthat Is "FREE OF CHARGE".
Please provide your DUNS Number:
962763277
2. CCR Number: The selected contractor must submit their
Registration System (CCR) Number, If the contractor does not
please go to the following link to obtain a company CCR Number:
http://www.sam.gov
Please provide your CCR/CAGE Code Number: 61 RD3
company's Central Contractor
presently have a CCR Number,
The System for Award Management (SAM) is an official website of the U.S. government. SAM
consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. There is NO cost to use SAM.
Register to do business with the U.S. government for free directly from this site.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AN VOLUNTARY
EXCLUSION --LOWER TIER COVERED TRANSACTIONS
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from participation In this transaction by any Federal department or
agency.
Initial here to acknowledge your firm is not currently excluded from participating on Federal
contracts as described in paragraph (1): -`0
2) Where the prospective lower tier participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
A(C
Authorized Signature
Greg Fenton, Chief Operatinq Officer
Printed Name & Title
Witt O'Brien's
Company
818 Town & Country Blvd
Address
Houston, Texas, 77024 (Suite 200)
City, State, Zip Code
12/7/2020
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EXHIBIT C
DocuSlgn Envelope ID: CD7D9D64.99B2.4A93-SC08-A88806377004
ATTACHMENT 7 — DRUG FREE WORKPLACE CERTIFICATE
DRUG FREE WORKPLACE CERTIFICATE
21.0903
I, the undersigned, in accordance with Florida Statute 287,087, hereby certify that my firm;
D Publishes a written statement notifying that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the workplace named
above, and specifying actions that will be taken against violations of such prohibition.
D Informs employees about the dangers of drug abuse in the workplace, the firm's policy of
maintaining a drug free working environment, and available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon employees
for drug use violations.
D Gives each employee engaged in providing commodities or contractual services that are
under bid or proposal, a copy of the statement specified above.
D Notifies the employees that as a condition of working on the commodities or contractual
services that are under bid or proposal, the employee will abide by the terms of the statement
and will notify the employer of any conviction of, please or guilty or nolo contendere to, any
violation of Chapter 893, or of any controlled substance law of the State of Florida or the
United States, for a violation occurring in the workplace, no later than five (5) days after such
conviction, and requires employees to sign copies of such written statement to acknowledge
their receipt.
➢ Imposes a sanction on, or requires the satisfactory participation in, a drug abuse assistance
or rehabilitation program, if such is available in the employee's community, by any employee
who is so convicted.
D Makes a good faith effort to continue to maintain a drug free workplace through the
implementation of the Drug Free Workplace program,
D "As a person authorized to sign this statement, I certify that the above -named business, firm
or corporation complies fully with the requirements set forth herein".
PC
Authorized Signature
Witt O'Brien's
Company Name
State t
County of: •��,� ,r�� <i
Swom to and subscribed before me this L4�
day of�c 6 v p 20JLL—
Personally known or Produced Identification „r„u,,.,,,,,,,
(Specify Type of Identification) 4 �o`��yNti00 t7,
(J
Signature of Notary
My Commission Expires:
a t
•ti ��bON
o '•. .
This document must be completed and returned with your Submittal. Inability or refusal to sign
document will deem your offer non -responsive per
REBECCAA. PRICE
NOTARY PUBLIC STATE OF MARYLAND
My Commission Expires November 21, 2022
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EXHIBIT D - FEDERAL PROVISIONS
2 C.F.R. § 200.326 and 2 C.F.R. Part 200 Appendix II Required Contract Clauses
Requirements under the Uniform Rules, A non -Federal entity's contracts must contain the
applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions
for non -Federal Entity Contracts Under Federal Awards), which are set forth below. 2 C.F.R. §
200.326. For some of the required clauses we have included sample language or a reference a
non -Federal entity can go to in order to find sample language. Please be aware that this is
sample language only and that the non -Federal entity alone is responsible ensuring that all
language included in their contracts meets the requirements of 2 C.F.R. § 200.326 and 2 CX.R.
Part 200, Appendix II. We do not include sample language for certain required clauses
(remedies, termination for cause and convenience, changes) as these must necessarily be written
based on the non -Federal entity's own procedures in that area.
1. Remedies.
a. Standard: Contracts for more than the simplified acquisition threshold ($150,000)
must address administrative, contractual, or legal remedies in instances where
contractors violate or breach contract terms, and provide for such sanctions and
penalties as appropriate. See 2 C.F.R. Part 200, Appendix II, ¶ A.
b. Applicability: This requirement applies to all FEMA grant and cooperative
agreement programs.
2. Termination for Cause and Convenience,
a. All contracts in excess of $10,000 must address termination for cause and for
convenience by the non -Federal entity including the manner by which it will be
effected and the basis for settlement. See 2 CRR. Part 200, Appendix I1, ¶ E.
b. Ap lice ability. This requirement applies to all FEMA grant and cooperative
agreement programs.
3, EAual Employment Opportunity.
a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that
meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60-
1.4(b), in accordance with Executive Order 11246, Equal Employment
Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, Amending Executive Order 11246
Relating to Equal Employment Opportunity, and implementing regulations at 41
C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200,
Appendix II, ¶ C.
b. Ivey Definitions.
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EXHIBIT D - FEDERAL PROVISIONS
(1) Federally Assisted Construction Contract. The regulation at 41 C.F.R.
§ 60-1.3 defines a "federally assisted construction contract" as any
agreement or modification thereof between any applicant and a person for
construction work which is paid for in whole or in part with funds
obtained from the Government or borrowed on the credit of the
Government pursuant to any Federal program involving a grant, contract,
loan, insurance, or guarantee, or undertaken pursuant to any Federal
program involving such grant, contract, loan, insurance, or guarantee, or
any application or modification thereof approved by the Government for a
grant, contract, loan, insurance, or guarantee under which the applicant
itself participates in the construction work.
(2) Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines
"construction work" as the construction, rehabilitation, alteration,
conversion, extension, demolition or repair of buildings, highways, or
other changes or improvements to real property, including facilities
providing utility services. The term also includes the supervision,
inspection, and other onsite functions incidental to the actual construction.
c. Applicability This requirement applies to all FEMA grant and cooperative
agreement programs.
d. The regulation at 41 C F.R Part 60-1 4(b) requires the insertion of the following
contract clause:
"During the performance of this contract the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their
race, color, religion, sex, or national origin. Such action shall include, but not
be limited to the following: Employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the contractor, state that all qualified applicants will
receive considerations for employment without regard to race, color, religion,
sex, or national origin.
(3) The contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or
workers' representatives of the contractor's commitments under this section,
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EXHIBIT D - FEDERAL PROVISIONS
and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations, and relevant orders of
the Secretary of Labor,
(5) The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access to
his books, records, and accounts by the administering agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts or federally assisted construction contracts
in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions as may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by role, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with
respect to any subcontract or purchase order as the administering agency may
direct as a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however, That in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency the contractor may
request the United States to enter into such litigation to protect the interests of
the United States."
4. Davis Bacon Act and Copeland Anti -Kickback Act,
a, Applicability of Davis -Bacon Act. The Davis -Bacon Act only applies to the
emergency Management Preparedness Grant Program, Homeland Security Grant
Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant
Program, Port Security Grant Program, and Transit Security Grant Program. It
does not apmly to other FE, MA grant and cooperative agreement programs,
including the Public Assistance Program.
b. All prime construction contracts in excess of $2,000 awarded by non -Federal
entities must include a provision for compliance with the Davis -Bacon Act (40
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EXHIBIT D - FEDERAL PROVISIONS
U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor
regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200,
Appendix II, ¶ D.
c. In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must
be required to pay wages not less than once a week.
d. The non -Federal entity must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The decision
to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non -Federal entity must report all suspected or reported
violations to the Federal awarding agency.
e. In contracts subject to the Davis -Bacon Act, the contracts must also include a
provision for compliance with the Copeland "And -Kickback" Act (40 U.S.C. §
3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3
(Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States). The Copeland Anti -
Kickback Act provides that each contractor or subrecipient must be prohibited from
inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he or she is
otherwise entitled. The non -Federal entity must report all suspected or reported
violations to FEMA.
f. The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that
applies to compliance with both the Davis -Bacon and Copeland Acts, I-lowever, as
discussed in the next subsection, the Davis -Bacon Act does not apply to Public
Assistance recipients and subrecipients. As such, FEMA requires the following
contract clause;
"Compliance with the Copeland "Anti -Kickback" Act.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40
U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may by
appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
0
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EXHIBIT D -]FEDERAL PROVISIONS
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12."
5. Contract Work Hours and Safety Standards Act.
a. Applicability: This requirement applies to all FEMA grant and cooperative
agreement programs.
b. Where applicable see 40 U.S.C. § 3701), all contracts awarded by the non -Federal
entity in excess of $100,000 that involve the employment of mechanics or laborers
must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as
supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R.
Part 200, Appendix II, ¶ E.
c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker
is compensated at a rate of not less than one and a half times the basic rate of pay
for all hours worked in excess of 40 hours in the work week.
d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
e. The regulation at 29 C.F.R. § 5'.5(b) provides the required contract clause
concerning compliance with the Contract Work Hours and Safety Standards Act:
"Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the
employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on
such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation it a rate not less than one and
one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2) Violation;_ liability for unpaid wages: liquidated damages. In the
event of any violation of the clause set forth in paragraph (1) of this
section the contractor and any subcontractor responsible therefor shall be
liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work
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EXHIBIT D - FEDERAL PROVISIONS
done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages, Such liquidated
damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (1) of this section, in the stun of $10 for each
calendar day on which such individual was required or permitted to work
in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this
section.
(3) Withholding for unpaid wages and liquidated damages. The (write in
the name of the Federal agency or the loan or grant recipient) shall upon
its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with
the same prime contractor, or any other federally -assisted contract subject
to the Contract Work IIours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (1) through (4) of this
section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of
this section."
6. Rights to Inventions Made Under a Contract or Agreement.
a. Stafford Act Disaster Grants. This requirement does not apply to the Public
Assistance, Hazard Mitigation Grant Program, Fire Management Assistance
Grant Program, Crisis Counseling Assistance and Training Grant Program,
Disaster Case Management Grant Program, and Federal Assistance to Individuals
and Households — Other Needs Assistance Grant Program, as FEMA awards
under these programs do not meet the definition of "finding agreement."
b. If the FEMA award meets the definition of "funding agreement' tinder 37 C.F.R.
§ 401.2(a) and the non -Federal entity wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work
under that "funding agreement," the non -Federal entity must comply with the
requirements of 37 C.P.R. Part 401 (Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts
and Cooperative Agreements), and any implementing regulations issued by
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EXHIBIT D - FEDERAL PROVISIONS
FEMA. See 2 C.F.R. Part 200, Appendix II, ¶ F.
c. The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement' as
any contract, grant, or cooperative agreement entered into between any Federal
agency, other than the Tennessee Valley Authority, and any contractor for the
performance of experimental, developmental, or research work fimded in whole
or in part by the Federal government. This term also includes any assignment,
substitution of parties, or subcontract of any type entered into for the performance
of experimental, developmental, or research work under a fimding agreement as
defined in the first sentence of this paragraph.
7. Clean Air Act and the Federal Water Pollution Control Act. Contracts of amounts in excess
of $150,000 must contain a provision that requires the contractor to agree to comply with all
applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C.
§§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§
1251-1387). Violations must be reported to FEMA and the Regional Office of the
Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II, ¶ G.
a. The following provides a sample contract clause concerning compliance for
contracts of amounts in excess of $150 000:
"Clean Air Act
(1) The contractor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.
§ 7401 et seq.
(2) The contractor agrees to report each violation to the (name of the
state agency or local or Indian tribal government) and understands and
agrees that the (name of the state agency or local or Indian tribal
government) will, in turn, report each violation as required to assure
notification to the (name of recipient), Federal Emergency Management
Agency, and the appropriate Environmental Protection Agency Regional
Office.
(3) The contractor agrees to include these requirements in each
subcontract exceeding $100,000 financed in whole or in part with Federal
assistance provided by FEMA.
Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Federal. Water Pollution Control Act,
as amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the (name of the
state agency or local or Indian tribal government) and understands and
agrees that the (name of the state agency or local or Indian tribal
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EXHIBIT D - FEDERAL PROVISIONS
government) will, in turn, report each violation as required to assure
notification to the (name of recipient), Federal Emergency Management
Agency, and the appropriate Environmental Protection Agency Regional
Office.
(3) The contractor agrees to include these requirements in each
subcontract exceeding $100,000 financed in whole or in part with Federal
assistance provided by FEMA."
8. Debarment and Suspension.
a. Applicability: This requirement applies to all FEMA grant and cooperative
agreement programs.
b. Non-federal entities and contractors are subject to the debarment and suspension
regulations implementing Executive Order 12549, Debarment and Suspension
(1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R.
Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part
3000 (Nonprocurement Debarment and Suspension).
c. These regulations restrict awards,'subawards, and contracts with certain parties
that are debarred, suspended, or otherwise excluded from or ineligible for
participation in Federal assistance programs and activities. See 2 C.F.R. Part 200,
Appendix I1, ¶ 1; and Chapter IV, Jj 6,d and Appendix C, ¶ 2. AA contract award
must not be made to parties listed in the SAM Exclusions, SAM Exclusions is the
list maintained by the General Services Administration that contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive
Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. §
180.530; Chapter IV, ¶ 6.d and Appendix C, ¶ 2.
d. In general, an "excluded" party cannot receive a Federal grant award or a contract
within the meaning of a "covered transaction," to include subawards and
subcontracts. This includes parties that receive Federal funding indirectly, such as
contractors to recipients and subrecipients. The key to the exclusion is whether
there is a "covered transaction," which is any nonprocurement transaction (unless
excepted) at either a "primary" or "secondary" tier. Although "covered
transactions" do not include contracts awarded by the Federal Government for
purposes of the nonprocurement common rule and DHS's implementing
regulations, it does include some contracts awarded by recipients and
subrecipient.
e. Specifically, a covered transaction includes the following contracts for goods or
services:
(1) The contract is awarded by a recipient or subrecipient in the amount of
at least $25,000,
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EXHIBIT D - FEDERAL PROVISIONS
(2) The contract requires the approval of FEMA, regardless of amount,
(3) The contract is for federally -required audit services.
(4) A subcontract is also a covered transaction if it is awarded by the
contractor of a recipient or subrecipient and requires either the approval of
FEMA or is in excess of $25,000.
d. The following provides a debarment and suspension clause. It incorporates an
optional method of verifying that contractors are not excluded or disqualified:
"Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt.
180 and 2 C.F.R. pt, 3000. As such the contractor is required to verify that
none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its
affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.
§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C and must include a requirement to comply with
these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by
(insert name of subrecipient). If it is later determined that the contractor
did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, in addition to remedies available to (name of state agency
serving as recipient and name of subrecipient), the Federal Government
may pursue available remedies, including but not limited to suspension
and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer
is valid and throughout the period of any contract that may arise from this
offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions."
9. Byrd Anti -Lobbying Amendment.
a, Ap licabilit: This requirement applies to all FEMA grant and cooperative
agreement programs. .
b. Contractors that apply or bid for an award of $100,000 or more must file the
required certification. See 2 C.P.R. Part 200, Appendix 11, ¶ J; 44 C.F.R. Part 18;
Chapter IV, 6.c; Appendix C, gj 4.
c. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or
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EXHIBIT D - FEDERAL, PROVISIONS
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying
with non -Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the non -Federal
award. See Chapter IV, If 6.c and Appendix C, If 4.
d. The following provides a Byrd Anti-Lobb ijng contract clause:
"Byrd Anti -Lobbying Amendment 31 U.S.0 § 1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant, or any other award covered by
31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal fiords
that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the recipient."
APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
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EXHIBIT D - FEDERAL PROVISIONS
cooperative agreement, the undersigned shall complete and. submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for malting or entering into this transaction imposed by 31, U.S.C. § 1352
(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
The Contractor, _ certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq.,
apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date"
10. Procurement of Recovered Materials.
a. Applicability: This requirement applies to all FEMA grant and cooperative
agreement programs.
b. A non -Federal entity that is a state agency or agency of a political subdivision of a
state and its contractors must comply with Section 6002 of the Solid Waste
Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource
Conservation and Recovery Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200,
Appendix II, ¶ K; 2 C.F.R. § 200,322; Chapter V, ¶ 7.
c. The requirements of Section 6002 include procuring only items designated in
guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
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EXHIBIT D - FEDERAL PROVISIONS
competition, where the purchase price of the item exceeds $10,000 or the value of
the quantity acquired by the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement
of recovered materials identified in the EPA guidelines.
d. The following provides the clause that a state agency or agency of a political
subdivision of a state and its contractors can include in contracts meeting the
above contract thresholds:
"(1) In the performance of this contract, the Contractor shall make
maximum use of products containing recovered materials that are EPA -
designated items unless the product cannot be acquired—
(i) Competitively within a timeframe providing for compliance
with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) Information about this requirement is available at EPA's
Comprehensive Procurement Guidelines web site, hllp://ww�v.epa. ovg /cpl.
The list of EPA -designate items is available at
http://wu vv.cpa.gov/cpWproducts.htin."
11. Additional FEMA Requirements.
a. The Uniform Rules authorize FEMA to require additional provisions for non -
Federal entity contracts. FEMA, pursuant to this authority, requires or
recommends the following:
b. Changes,
anges.
To be eligible for FEMA assistance under the non -Federal entity's FEMA grant or
cooperative agreement, the cost of the change, modification, change order, or
constructive change must be allowable, allocable, within the scope of its grant or
cooperative agreement, and reasonable for the completion of project scope. FEMA
recommends, therefore, that a non -Federal entity include a changes clause in its
contract that describes how, if at all, changes can be made by either party to alter the
method, price, or schedule of the work without breaching the contract. The language
of the clause may differ depending on the nature of the contract and the end -item
procured.
c. Access to Records.
All non -Federal entities must place into their contracts a provision that all contractors
and their successors, transferees, assignees, and subcontractors acknowledge and
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EXHIBIT D - FEDERAL PROVISIONS
agree to comply with applicable provisions governing Department and FEMA access
to records, accounts, documents, information, facilities, and staff. See DHS Standard
Terms and Conditions, v 3.0, ¶ XXVI (2013).
d. The following provides a contract clause regarding access to records:
"Access to Records. The following access to records requirements goly to this
contract:
(1) The contractor agrees to provide (insert name of state agency or local
or Indian tribal government), (insert name of recipient), the FEMA
Administrator, the Comptroller General of the United States, or any of
their authorized representatives access to any books, documents, papers,
and records of the Contractor which are directly pertinent to this contract
for the purposes of malting audits, examinations, excerpts, and
transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to
reproduce by any means whatsoever or to copy excerpts and transcriptions
as reasonably needed.
(3) The contractor agrees to provide the FEMA Administrator or his
authorized representatives access to construction or other work sites
pertaining to the work being completed under the contract."
12. DHS Seal, Logo, and Flags.
a. All non -Federal entities must place in their contracts a provision that a contractor
shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses
of DHS agency officials without specific FEMA pre -approval. See DHS Standard
Terms and Conditions, v 3.0, ¶ XXV (2013).
b. The following provides a contract clause regarding DHS Seal, Logo, and Flags:
"The contractor shall not use the DHS seal(s), logos, crests, or reproductions of
flags or likenesses of DHS agency officials without specific FEMA pre -
approval."
13. Compliance with Federal Law, Regulations, and Executive Orders.
a. All non -Federal entities must place into their contracts an acknowledgement that
FEMA financial assistance will be used to fund the contract along with the
requirement that the contractor will comply with all applicable federal law,
regulations, executive orders, and FEMA policies, procedures, and directives.
a
Law, Regulations, and Executive Orders: "T71is is an acknowledgement that
FEMA financial assistance will be used to fund the contract only. The contractor
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EXHIBIT D - FEDERAL PROVISIONS
will comply will all applicable federal law, regulations, executive orders, FEMA
policies, procedures, and directives."
14. No Obligation by Federal Government.
a. 'The non -Federal entity must include a provision in its contract that states that the
Federal Government is not a party to the contract and is not subject to any
obligations or liabilities to the non -Federal entity, contractor, or any other party
pertaining to any matter resulting from the contract.
b. The following provides a contract clause regarding no obligation by the Federal
Government: "The Federal Government is not a party to this contract and is not
subject to any obligations or liabilities to the non -Federal entity, contractor, or any
other party pertaining to any matter resulting from the contract."
15. Program Fraud and False or Fraudulent Statements or Related Acts.
a. The non -Federal entity must include a provision in its contract that the contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to its actions pertaining to the contract.
b. The following provides a contract clause regarding Fraud and False or Fraudulent
or Related Acts: "The contractor acknowledges that 31 U.S,C. Chap. 38
(Administrative Remedies for False Claims and Statements) applies to the
contractor's actions pertaining to this contract."
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Certificate Of Completion
Envelope Id: C64FDAE827BA48DFAD82FlAF602756BA
Subject: Please DocuSign: 20210112_Lake County FL_WOB_Debris Agreement 21 0903_NS.pdf
Source Envelope:
Document Pages: 49 Signatures: 1
Certificate Pages: 5 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zane: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status, Original
1/12/2021 9:36:13 AM
Signer Events
Greg Fenton
gfenton@wittobriens.com
COO
Witt O'Brien's
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/2/2020 3:52:36 PM
ID: f72382da-bf96-465c-a 1 06-fde9c20a9a74
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Kelly Stouffer
kstouffer@wittobriens.com
Government Contracts Manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/18/2020 8:33:14 AM
ID:3a60da48-c57d-444fa49d-cab982b30abf
Witness Events
Notary Events
Holder' Contract Requests
contractrequests@wittobriens.com
Signature
AL �
Signature Adoption: Uploaded Signature Image
Using IP Address: 98.201.130.226
Signature
Status
Status
Status
Status
Status
COPIED
Signature
Signature
Liocu
■secu QL6
Status: Completed
Envelope Originator:
Contract Requests
818 Town & Country Blvd., Suite 200
Houston, TX 77024
contractrequests@wittobriers.com
I Address: 108.71 . 189.2
Location: DocuSign
Timestamp
Sent 1/12/2021 9:41:15 AM
Viewed: 1/12/2021 9:48:46 AM
Signed: 1/12/2021 11:49:30 AM
Timestamp
Timestamp
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Sent: 1/12/2021 11:49:32 AM
Viewed: 1/12/2021 11:58:06 AM
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Envelope Sent Hashed/Encrypted 1/1212021 9:41:15 AM
Certified Delivered Security Checked 1/12/2021 9:48:46 AM
Signing Complete Security Checked 1/12/2021 11:49:30 AM
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
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O'Brien's.
DocuSign Envelope ID: 09769B4F-33F2-46BC-B10C-B29C3COB62B3
2022-127A
AGREEMENT FOR
DISASTER DEBRIS MONITORING SERVICES
THIS AGREEMENT is made and entered into this 26th day of September 2022, by and
between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws
of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida,
(hereinafter referred to as "CITY"), and WITT O'BRIEN'S, LLC., whose address is: 818
Town & Country Blvd, Suite 200, Houston, TX 77024 (hereinafter referred to as
"CONTRACTOR").
WHEREAS, the Lake County B.C.C. through the public procurement process awarded an
Agreement for Disaster Debris Monitoring Services, Lake County B.C.0 contract number
21-0903;
WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's
response thereto and Agreement in accordance with CITY's procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms
and conditions of the Lake County B.C.C. contract number 21-0903;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I — SCOPE OF WORK
The CONTRACTOR shall provide monitoring services for debris collection and sites, to
coordinate and manage all disaster debris management activities, and to furnish potential
solutions as described in the Lake County B.C.C. contract number 21-0903, which is
attached hereto and incorporated herein as Exhibit "A" and shall do everything required by
this Agreement and the other Agreement Documents contained in the specifications, which
are a part of these Documents. Provided, however, that nothing herein shall require CITY
to purchase or acquire any items or services from CONTRACTOR. To the extent of a
conflict between this Agreement and Exhibit "A", the terms and conditions of this
Agreement shall prevail and govern. In all instances the CITY purchasing policy,
resolutions and ordinances shall apply.
ARTICLE II — THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth
in the Agreement documents and the Rate Schedule as set forth in Exhibit `B', attached
hereto and incorporated herein.
ARTICLE III — TERM AND TERMINATION
This Agreement is to become effective upon execution by both parties, and shall
remain in effect until February 8, 2023, unless terminated or renewed as
provided by the Lake County B.C.C.
DocuSign Envelope ID: 09769B4F-33F2-46BC-B10C-B29C3COB62B3
2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if. a) without
cause and for convenience upon thirty (30) days written notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors; d)
CONTRACTOR fails to comply with any of the conditions of provisions of this
Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work, properly performed and accepted prior
to the effective date of termination.
3. Upon mutual agreement of the parties, this Agreement may be renewed for three
(3) additional one (1) year terms.
ARTICLE IV — COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide monitoring services for debris collection and sites, to
coordinate and manage all disaster debris management activities forth in the applicable
purchase order or notice to proceed.
ARTICLE V — PAYMENTS
In accordance with the provisions fully set forth in the General Conditions,
CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar
month for items provided during the preceding calendar month. CITY shall make payment
to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified
and approved payment invoice by the CITY for services provided and accepted by the
CITY.
ARTICLE VI — WARRANTY
CONTRACTOR shall warrant all application specific goods sold to CITY under this
Agreement to be free from defects in materials and workmanship for the period of the then
current standard warranty offered by CONRTACTOR to its retail customers for such
Goods. Notwithstanding the foregoing, CONTRACTOR agrees that CITY will receive the
benefit of any warranty provided by CONTRACTOR's vendor that CONTRACTOR may
pass through to the CITY. The warranty stated in this section represents the total liability
of CONTRACTOR for any goods. ALL OTHER WARRANTIES, BOTH EXPRESS
AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE
HEREBY EXCLUDED. CONTRACTOR shall not be liable to City, for any indirect,
special, incidental or consequential damages. CITY agrees to be responsible for and shall
indemnify and hold CONTRACTOR harmless from and against all damages, claims or
demands to the extent arising out of or resulting from (i) improper installation of goods by
2
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Customer; or (ii) any breach of an express product warranty issued by CITY to a customer
or end user of any of the goods that exceeds either the scope of the manufacturers' express
warranties or such other warranties set forth in this Agreement or agreed to by
CONTRACTOR in writing.
ARTICLE VII — DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont, Lake County, Florida, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
ARTICLE VIII — INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
his employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
Each Accident, $1,000,000
Disease -Each Employee, $1,000,000
Disease -Policy Limit, $1,000,000
2. CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether such
operations are by itself or by anyone directly employed by it, and the amount of such
insurance shall be minimum limits as follows:
(a) CONTRACTOR's Comprehensive General, $1.000,000 Each
($2,000,000 aggregate)
3
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Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury & Property Damage Occurrence,
Combined Single Limit.
(c) Products -Completed Operations $2,000,000
(d) Personal & Adv. Injury$1,000,000
(e) Fire Damage, $50,000
(f) Medical Expense, $5,000
Contractual Liability Included
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be
amended to provide coverage on an occurrence basis.
3. SubCONTRACTOR's Public Liabilitv and Property Damage
Insurance - The CONTRACTOR shall require each of his subCONTRACTORs to procure
and maintain during the life of this subcontract, insurance of the type specified above or
insure the activities of his subCONTRACTORs in his policy, as specified above.
4. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the CITY and its agents and
employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, resulting from the
performance of the Work, provided that any such claim, damage, loss
or expense is caused by any negligent act or omission of the
CONTRACTOR, any subCONTRACTOR, anyone directly employed
by any of them or anyone for whose acts any of them may be liable,.
Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right to obligation of indemnity which would otherwise
exist as to any party or person described in this Article. Contractor shall
not be required to indemnify the CITY for the negligent acts or
omissions of CITY, its officers, agent or employees, or third parties.
(b) In any and all claims against the CITY or any of its agents or employees
by any employee of the CONTRACTOR, any subcontractor, anyone
directly employed by any of them or anyone for whose acts any of them
may be liable, the indemnification obligations under this Paragraph shall
not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the
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CONTRACTOR or any subcontractor under workers' or workmen's
compensation acts, disability benefit acts or other employee benefit acts.
(c)
ARTICLE IX — NOTICES
All notices shall be in writing and email with delivery confirmation, sent by United States
mail, certified or registered, with return receipt requested and postage prepaid, or by
nationally recognized overnight courier service to the address of the party set forth below.
Any such notice shall be deemed given when received by the party to whom it is intended.
CONTRACTOR: Witt O'Brien's LLC.
Attn: Director Contracts & Compliance
818 Town & Country Blvd, Suite 200
Houston, TX 77024
Email: contractrequests m wittobriens.com with a
copy to cioiner()wittobriens.com
CITY: City of Clermont
Attn: Brian Bulthuis, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE X — MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this Agreement, the prevailing party shall be entitled to recover such
sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal,
in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this Agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
3. Severability. If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision, or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
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5. Entire Agreement. This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assignment. Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
Applicable Law. This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records. Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
DocuSign Envelope ID: 09769B4F-33F2-46BC-B10C-B29C3COB62B3
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
10) Force Majeure
The parties will exercise every reasonable effort to meet respective obligations
under the Contract, but will not be liable for delays resulting from force majeure or
other causes beyond reasonable control, including, but not limited to, compliance
with revisions to Government law or regulation, acts of nature, acts or omissions of
the other party, fires, strikes, national disasters, wars, riots, transportation
problems or any other cause whatsoever beyond the reasonable control of the
parties. Any such cause may be cause for appropriate extension of the
performance period.
ARTICLE XI — AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
This Agreement
2. Purchase Order/Notice to Proceed
3. All documents contained in the Lake County B.C.C. Contract Number 21-0903
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this29 day 2022.
CITY OF CLERMONT
Tim Murry, Cit ayor
ATTEST:
e, City Clerk
7
WITT O'BRIEN'S LLC
Greg Fenton, Senior Managing
Director
Certificate Of Completion
Envelope Id: 09769B4F33F246BCB10CB29C3COB62B3
Subject: Please DocuSign: 20220926_Clermont FL City of WOB_Debris Agreement final_NS.docx
Source Envelope:
Document Pages: 7 Signatures: 1
Certificate Pages: 5 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
9/26/2022 3:42:27 PM
Signer Events
Greg Fenton
gfenton@Wftobriens.com
Senior Managing Director
Witt O'Brien's
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/2/2020 3:52:36 PM
ID:f72382da-bf96-465c-a106-fde9c2Oa9a74
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Kelly Stouffer
kstouffer@wiftobriens.com
Government Contracts Manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/18/2020 8:33:14 AM
ID:3a6Oda48-c57d-444f-a49d-cab982b3Oabf
Witness Events
Notary Events
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Holder: Contract Requests
contractrequests@vAftobriens.com
Signature
1 )l
Signature Adoption: Uploaded Signature Image
Using IP Address: 157.130.151.62
Signature
Status
Status
Status
Status
Status
COPIED
Signature
Signature
Status
Hashed/Encrypted
Security Checked
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Security Checked
DocuSign-
Status: Completed
Envelope Originator:
Contract Requests
818 Town & Country Blvd., Suite 200
Houston, TX 77024
contractrequests@wittobriens.com
IP Address:108.71.189.2
Location: DocuSign
Timestamp
Sent: 9/26/2022 3:44:51 PM
Viewed: 9/26/2022 4:04:53 PM
Signed: 9/26/2022 4:06:01 PM
Timestamp
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Sent: 9/26/2022 4:06:02 PM
Timestamp
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Timestam ps
9/26/2022 3:44:51 PM
9/26/2022 4:04:53 PM
9/26/2022 4:06:01 PM
9/26/2022 4:06:02 PM
DocuSign Envelope ID: 3D1E520E-9EC7-4117-BE9D-7194D463E300
COUNTY,
1
1
FL
REAL FLORIDA • REAL CLOSE
MODIFICATION OF CONTRACT
Modification Number:One (1)
Contract Number: 21-0903
Effective Date: 2/8/2022
Title: Disaster Debris Monitoring Services
Effective Date: 02/09/2021
Contracting Officer: Bill Ponko, CPPB
Contractor Name and Address:
E-mail Bponko@lakecountyfl.gov
Telephone Number: (352) 343-9389
Name: Witt O'Brien's LLC
Address: 2200 Eller Drive
Issued By:
Procurement Services
City: Fort Lauderdale, FL. 33316
Lake County Administration Building
ATTENTION: Charles Bryant
315 W. Main St., Suite 441
Tavares, Florida 32778-7800
INSTRUCTIONS: Contractor shall sign Signature Block showing acceptance of the below written modification and return
this form to Procurement Services within ten (10) days after receipt. Once fully executed, a copy of this modification will be
returned to the Contractor to attach to the original Contract.
DESCRIPTION OF MODIFICATION: Contract modification to extend contract for one (1) year, expiring on
February 8, 2023.
CONTRACTOR SIW BLOCK
LAKE COUNTY SIGNATURE BLOCK
Signature:
Signature: .: �+ r�
Print Name: 7onathan Hoyes
Print Name:
Title: senior Managing Director
Title: Contracting, Officer
Date: ,j%do�'�
Date: 1/13/2022
E-mail: jhoyes@wittobriens.com
Secondary E-mail: contractrequests@wittobriens.com
Distribution:
Original — Bid File
Copy — Contractor
Contracting Officer
PROCUREMENT SERVICES — DIVISION OF OFFICE OF MANAGEMENT AND BUDGET SERVICES
P.O. BOX 7800. 315 W. MAIN ST., TAVARES, FL 32778 • P 352.343.9839 • F 352.343.9473
Board ofCounry Commissioners • wwve.1akecounpf7.gov
BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA
OFFICE OF THE COUNTY MANAGER
AGENDA ITEM COVER SHEET
DATE: 1/8/2021 MEETING DATE: 2/9/2021
TO: Jo Anne Drury, Interim County Manager ITEM TYPE: Consent Item
THRU:
ITEM ID: 13343
BY: Ralph Tipton, Senior Contracting Officer
SUBJECT: Disaster Debris Monitoring Services
RECOMMENDATION/REQUIRED ACTION:
Request approval:
1. Of Contract 21-0903 with Witt O'Brien's LLC (Houston, TX) for disaster debris
monitoring services throughout the County.
2. To authorize the Office of Procurement Services to execute all supporting
documentation.
The annual fiscal impact is listed at $25,000.00 (expenditure), but the fiscal impact is
indefinite in nature at this time as expenditures would occur as needs arise under a
declared disaster or emergency event.
BACKGROUND SUMMARY: The Office of Procurement Services, in coordination with
the Public Works Department, issued Request for Proposal 21-0903 (RFP) for disaster
debris monitoring services throughout the County. The solicitation provides for a one-
year initial term with four option periods of one-year duration each.
The County notified 89 local vendors. Responsive and responsible proposals were
received as noted in the attached solicitation respondent list. Evaluation of responses
was conducted via formal Selection Committee (SC) procedures. Pricing and technical
factors were considered in compliance with the evaluation criteria within the RFP. The
SC recommended award to Witt O'Brien's LLC.
Fiscal Impact: $25,000.00 (expenditure)
Account No.:
Fund
Org
Object
Project
Fund Name
Amount
Number
Code
Code
Number
LANDFILL, LNDFL OPS,
4200
4569100
830340
$25,000.00
DocuSign Envelope ID: C64FDAE8-27BA-4BDF-AD82-F1AF602766BA
CONTRACT FOR
DISASTER DEBRIS MONITORING SERVICES
ITB# 21-0903
This is a contract between Lake County, Florida, a political subdivision of the State of
Florida, referred to in this contract as COUNTY, and Witt O'Brien's LLC, a foreign limited
liability company registered to do business in the State of Florida, its successors and assigns,
referred to in this contract as CONTRACTOR.
WITNESSETH:
WHEREAS, the COUNTY publicly submitted an Invitation to Bid (ITB) #21-0903
seeking firms or individuals qualified to provide the COUNTY disaster related debris monitoring
services; and
WHEREAS, CONTRACTOR wants to perform such services subject to the terms of this
contract; and
WHEREAS, the provision of such services will benefit the parties and the residents of
Lake County, Florida.
THEREFORE, the parties agree as follows:
1. The foregoing recitals are incorporated herein.
2. The purpose of this contract is for CONTRACTOR to provide monitoring services for debris
collection and debris management sites, to coordinate and manage all storm debris management
activities, and to furnish solutions to Lake County with regard to its debris management plan,
hereinafter referred to as the "Service."
3. Scone: On the terms and conditions set forth in this contract, COUNTY hereby engages
CONTRACTOR to and CONTRACTOR agrees to provide all labor, materials and equipment to
complete the service in accordance with the scope of services, attached hereto and incorporated
herein as Exhibit A, as modified or clarified by the addendums. It is understood that the scope of
services may be modified by change order as the service progresses, but to be effective and
binding, any such change order must be in writing, executed by the parties, and in accordance with
the COUNTY'S Purchasing Policies and Procedures.
4. Tenn: This contract will become in effect upon the date of the last party to sign and will remain
in effect for an initial term of one year. The contract prices will prevail for the full duration of the
initial term. Prior to, or upon completion, of the initial term, the COUNTY shall have the option
to renew this contract for four additional one-year period(s). Continuation of the contract beyond
the initial period, and any option subsequently exercised, is a COUNTY prerogative, and not a
right of CONTRACTOR. This prerogative will be exercised only when such continuation is
clearly in the best interest of the COUNTY.
5. Licenses and Permits: CONTRACTOR will be solely responsible for obtaining all necessary
approvals and permits to complete the Service, unless modified by the COUNTY in the scope of
DocuSign Envelope ID: C64FDAE8-278A-4BOF-AD82-F1AF602756BA
CONTRACT FOR DISASTER DEBRIS MONrrORING SERVICES, rIB # 21-0903
work. CONTRACTOR will remain appropriately licensed throughout the course of the service.
Failure to maintain all required licenses will entitle the COUNTY to terminate this contract.
CONTRACTOR will be registered with the Florida Department of State in accordance with the
provisions of Chapter 607, Florida Statutes.
6. Conditions: CONTRACTOR acknowledges that it has sufficient understanding of the nature
and conditions of the work, including but not limited to, those bearing upon transportation,
disposal, handling and storage of materials, availability of water, electric power, and roads,
uncertainties of weather, physical conditions, character of equipment and facilities, quality and
quantity of surface and subsurface materials, obstacles or conditions of the site. Any failure by
CONTRACTOR to acquaint itself with any aspect of the work or with any of the applicable
conditions will not relieve CONTRACTOR from responsibility for adequately evaluating the
difficulty or cost of successfully performing the work required, nor will it be considered a basis
for any claim for additional time or compensation.
7. Pam: COUNTY shall pay and CONTRACTOR shall accept as full and complete payment
for the timely and complete performance of its obligations hereunder as provided in the Pricing
Schedule which is attached as Exhibit B and which is made a part of this contract by reference.
The rates quoted will be deemed to provide full compensation for labor, equipment use, travel
time, and any other element of cost or price. CONTRACTOR shall submit an original invoice to
the COUNTY after each service has been completed. Submittal of these invoices shall not exceed
30 calendar days beyond the date the service was completed. Under no circumstances shall the
invoices be submitted to the COUNTY in advance of the delivery and acceptance of the service.
All invoices must contain the contract and purchase order number (if applicable), date and location
of delivery or service, and confirmation of acceptance of the goods or services by the appropriate
County representative. Failure to submit invoices in the prescribed manner will delay payment,
and the vendor may be considered in default of contract and its contract may be terminated.
Payments will be tendered in accordance with the Florida Prompt Payment Act, Part VII, Chapter
218, Florida Statutes.
8. Funding: In the event any part of this contract or the service, is to be funded by federal, state,
or other local agency monies, the CONTRACTOR hereby agrees to cooperate with the COUNTY
in order to assure compliance with all requirements of the funding entity applicable to the use of
the monies, including providing access to and the right to examine relevant documents related to
the Service and as specifically required by the Federal or state granting agency. A copy of the
requirements shall be supplied to the CONTRACTOR by the COUNTY upon request.
9. County Responsibilities.
A. Project Manager: The COUNTY will designate a COUNTY staff member to act as
COUNTY'S Project Manager. It is agreed to by the parties that the COUNTY'S Project Manager
will decide all questions, difficulties, or disputes, of whatever nature, which may arise relative to
the interpretation of the plans, construction, prosecution and fulfillment of the Scope of Services,
and as to the character, quality, amount and value of any work done, and materials furnished, under
or by reason of this Contract. The COUNTY'S Project Manager may appoint representatives as
desired that will be authorized to inspect all work done and all materials furnished.
S:IDOCUMEN'[N20211PROCUREMENTl21-0903 Disaster Debris Monibring121-0903 Condact_Pinai2.docx
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DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602766BA
CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-OM
B. The COUNTY will pay in accordance with the provisions set forth in this contract.
C. The COUNTY retains the right to inspect all work to verify compliance with the
contract documents. Such inspection may extend to all or any part of the work and to the
manufacture, preparation or fabrication of the materials to be used.
10. Contractor Personnel
A. Personnel: CONTRACTOR will assure that all personnel are competent, careful and
reliable. All personnel must have sufficient skill and experience to perform their assigned task
properly and satisfactorily, to operate any equipment involved, and will make an effort to execute
the work in the manner prescribed in the contract documents. When the COUNTY determines
that any person is incompetent, unfaithful, intemperate, disorderly or insubordinate, the COUNTY
will notify the CONTRACTOR of such in writing. The CONTRACTOR will have 48 hours to
rectify the situation or the COUNTY may withhold all payments which are or may become due or
may suspend the work with approval of the COUNTY until remedied. No alcoholic beverages or
drugs are permitted on any COUNTY properties. Evidence of alcoholic beverages or drug use by
an individual will result in immediate termination from the job site.
B. E-Veri : CONTRACTOR will utilize the U.S. Department of Homeland Security's
E-Verify system to verify the employment eligibility of all new employees hired by the
CONTRACTOR during the term of this contract; and will expressly require any contractor and
subcontractors performing work or providing services pursuant to this contract to likewise utilize
the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the contract term.
C. Employment: CONTRACTOR acknowledges and agrees that, in accordance with
Section 255.099, Florida Statutes, if the Service assigned to CONTRACTOR is being supported
in whole or in part by State funding CONTRACTOR will give preference to the employment of
state residents in the performance of the work on the Service if state residents have substantially
equal qualifications to those of non-residents. If CONTRACTOR is required to employ state
residents, CONTRACTOR will contact the Department of Economic Opportunity to post the
employment needs in the State's job bank system. However, if work involving the expenditure of
federal aid funds, this section may not be enforced in such a manner as to conflict with or be
contrary to federal law prescribing a labor preference to honorably discharged soldiers, sailors, or
marines, or prohibiting as unlawful any other preference or discrimination among the citizens of
the United States.
D. Criminal Justice Information Services (CJIS): When advised by the COUNTY'S
Project Manager, CONTRACTOR'S personnel, subcontractors, and representatives will be
required to complete an online training class that includes testing in order to have access to some
secure areas of COUNTY facilities. Fingerprinting may also be required and will be performed
by the Lake County Sheriff's Office at no expense to the CONTRACTOR.
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DocuSlgn Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602766BA
CONTRACT FOR DISASrER DEBRIS MONITORING SERVICES, ITB # 21-M3
E. Drug Screening and Background Check: CONTRACTOR shall comply with
COUNTY'S policy regarding drug screening, and background checks. CONTRACTOR'S
performance under this contract is conditioned upon successfully passing the drug screening, and
background check, which shall be coordinated with COUNTY. If an employee of
CONTRACTOR is deployed on an assignment prior to the successful passing of the drug
screening, and the background check, and CONTRACTOR fails to pass either, then
CONTRACTOR shall be responsible for full payment of the deployment expenses and
demobilization expenses (airfare, hotel, per diem etc...). In the event that COUNTY is required to
comply with a drug screening policy other than its own, or be required to conduct further
background checks, including but not limited to, fingerprinting, by virtue of an agreement between
COUNTY and a third party under which CONTRACTOR will provide Services, CONTRACTOR
shall comply with the requirements as set out in the agreement between COUNTY and the third
party, and the COUNTY shall provide all necessary consents and releases to the CONTRACTOR.
F. _Emergency Contact: CONTRACTOR will have a responsible person available at, or
reasonably near, the Service on a 24-hour basis, seven days a week, who may be contacted in
emergencies and in cases where immediate action must be taken to handle any problem that might
arise. CONTRACTOR will submit to the COUNTY'S Project Manager, the phone numbers and
names of personnel designated to be contacted in cases of emergencies. This list will contain the
name of their supervisors responsible for work pertaining to this contract.
G. Notification of Emergency: In the event of an emergency affecting the safety or
protection of persons, or the work or property at the service site or adjacent thereto, the
CONTRACTOR, without special instruction or authorization from the COUNTY, is obligated to
act to prevent threatened damage, injury or loss. CONTRACTOR will contact the COUNTY as
soon as possible by telephone and email and with written notice as soon as feasible thereafter, but
no later than 24 hours after the occurrence of the emergency, if CONTRACTOR believes that any
significant changes in the work or variations from the contract documents has occurred. If the
COUNTY determines that a change in the contract documents is required as a result of the action
taken in response to an emergency, a change order request will be issued to document the
consequences of the changes or variations. If CONTRACTOR fails to provide written notice
within the 24-hour limitation noted above, CONTRACTOR will be deemed to have waived any
right it otherwise may have had to seek an adjustment to the contract amount or an extension to
the contract time.
11. Business Hours of Operation: Unless otherwise specified in the technical specifications or
scope of work, all work performed will be accomplished between the hours of 8:00 A.M. and 5:00
P.M., Monday through Friday, and no work will be performed on Saturdays, Sundays, or County
Holidays, unless permission to work has been requested in writing by the CONTRACTOR and
approval, in writing, has been granted by the COUNTY. Request for permission to work must be
received by the COUNTY no less than 14 days prior to the requested workday. County Holidays
are as follows: New Year's Day; Martin Luther King, Jr. Day; Presidents' Day; Memorial Day;
Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; Day after Thanksgiving; and
Christmas Day. Special schedules may be established if necessary, because of problems with noise
or similar difficulties affecting other County facilities, County operations, or citizens in homes or
buildings/rooms adjacent to the work being completed. When the CONTRACTOR requests and
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DocuSlgn Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF6027568A
CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
is approved for Saturday, Sunday or Holiday work, the COUNTY may assess the CONTRACTOR
the sum of $250.00 per county employee on site supervising the operation per day for each
Saturday, Sunday or recognized Holiday, or night time worked or planned to work. These fees
will be deducted from the final invoice.
12. Minimum WLtge: The wage rate paid to all laborers, mechanics and apprentices employed by
the CONTRACTOR for the work under the contract will not be less than the prevailing wage rates
for similar classifications of work as established by the federal government and enforced by the
U.S. Department of Labor, Wages and Hours Division, and Florida's Minimum Wage
requirements in Article X, Section 24(f) of the Florida Constitution and enforced by the Florida
Legislature by statute or the State Agency for Workforce Innovation by rule, whichever is higher.
13. Safety:
A. CONTRACTOR will be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the work and for complying with all
requirements of the Occupational Safety and Health Administration (OSHA) and any other
industry, federal, state or local government standards, including the National Institute of
Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA).
CONTRACTOR will take all necessary precautions for the safety of, and will provide the
necessary protection to prevent damage, injury or loss to persons or property. CONTRACTOR
will be aware that while working for the COUNTY, representatives from agencies such as OSHA
are invitees and need not have warrants or permission to enter the work site. Any fines levied by
the above -mentioned authorities for failure to comply with these requirements will be borne solely
by CONTRACTOR.
B. CONTRACTOR certifies that all material, equipment, etc. to be used in an individual
Service meets all Occupational Safety and Health Administration (OSHA) requirements.
CONTRACTOR certifies that if any of the material, equipment, etc. is found to be deficient in any
OSHA requirement in effect on the date of delivery, all costs necessary to bring the material,
equipment, etc. into compliance with the aforementioned requirements will be borne by
CONTRACTOR. All standard equipment, work operations, safety equipment, personal protective
equipment, and lighting required or mandated by State, Federal, OSHA, or Americans with
Disabilities Act (ADA) regulations must be provided and used by CONTRACTOR and its
employees.
14. Accident Notification: If in the course of completing work as part of this contract there is an
accident that involves the public, the CONTRACTOR shall as soon as possible, inform the
COUNTY'S Project Manager of the incident by telephone and email. The CONTRACTOR shall
follow up in writing within two business days of the incident. If Law Enforcement was involved
and has written a report, the CONTRACTOR shall forward a copy of the report to the COUNTY' S
Project Manager.
15. Protection of Property: During the period of production of work and any warranty periods the
CONTRACTOR shall be responsible for processing any and all claims for property damage and
or bodily injury caused by the failure of the work including, such as but not limited to: motor
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DocuSign Envelope ID: G64FDAE8-278A-4SDF-AD82-F1AF602756BA
CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
vehicles or pedestrians. The CONTRACTOR shall be responsible for the payment of all property
damage and bodily injury claims and agrees to save and hold harmless the COUNTY from all such
claims. Claims not handled by the contractor or their representative in the proper manner, will be
settled by the COUNTY. The COUNTY shall recover all costs from the CONTRACTOR.
16. Risk of Loss: CONTRACTOR assumes the risk of loss of damage to the COUNTY' S property
during possession of such property by CONTRACTOR, and until delivery to and acceptance of
that property to the COUNTY. CONTRACTOR will immediately repair, replace or make good
on the loss or damage without cost to the COUNTY, whether the loss or damage results from acts
or omissions, negligent or otherwise, of CONTRACTOR or a third party.
17. Contract Documents.
A. Definitions: For purposes of this contract, the term "contract documents" includes all
bid documents, drawings, the Scope of Services, exhibits, attachments, and provisions within this
contract, along with any change orders or amendments to this contract. It is the intent of the
contract documents to describe a functionally complete Service which defines the scope of work.
Any work, materials, or equipment that may reasonably be inferred from the contract documents
as being required to produce the intended result will be supplied whether or not specifically called
for. When words which have a well-known technical or trade meaning are used to describe work,
material or equipment, such words will be interpreted in accordance with that meaning. Reference
to standard specifications, manuals or codes of any technical society, organization or association
or to the laws or regulations of any governmental authority having jurisdiction over the Service,
whether such reference be specified or by implication, will mean the latest standard specification,
manual, code, law or regulation in effect at the time the work performed, unless specifically stated
otherwise herein.
B. Contract Documents: The contract documents and all referenced standards cited therein
are essential parts of the contract requirements. A requirement occurring in one is binding as
though occurring in all. Drawings and specifications are intended to agree and be mutually
complete. Any item not contained within the drawings, but contained in the specifications, or vice -
versa, will be provided or executed as shown in either the drawing or specification at no extra costs
to the COUNTY. Should anything not included in either the drawing or the specifications be
necessary for the proper construction or operation of the Service as herein specified, or should any
error or disagreement between the specifications and drawings exist or appear to exist,
CONTRACTOR will not derive unjust benefit thereby, or use such disagreement counter to the
best interests of the COUNTY. CONTRACTOR will immediately notify the COUNTY'S Project
Manager of any discrepancy and await the Project Manager's direction before proceeding with the
work in question.
C. Completion of the Scope of Services: CONTRACTOR will give the work the attention
necessary to assure the scheduled progress and will cooperate with the COUNTY and with any
other contractors on the job site. All work will be done in accordance with the contract documents.
When not specifically identified in the technical specifications, such materials and equipment will
be of a suitable type and grade for the purpose. All material, workmanship, and equipment will
be subject to the inspection and approval of the COUNTY.
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DocuSign Envelope ID: C64FDAEB-278A4BDF-AD82-FIAF8027586A
CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
D. Errors and Omissions: CONTRACTOR will not take advantage of any apparent error
or omission in the contract documents. If any error or omission appears in the contract documents,
CONTRACTOR will immediately notify the COUNTY in writing of such errors or omissions. In
the event CONTRACTOR knows or should have known of any error or omission and failed to
provide such notification, CONTRACTOR will be deemed to have waived any claim for increased
time or compensation CONTRACTOR may have had and CONTRACTOR will be responsible for
the results and the costs of rectifying any such error or omission.
18. Changes in the Scope of Services:
A. The COUNTY may at any time, by issuance of a Change Order executed in accordance
with the COUNTY'S Purchasing Policies and Procedures make changes within the general scope
of this Agreement. If additional work or other changes are required, an offer will be requested
from the CONTRACTOR. Upon negotiation of the offer, execution and receipt of the Change
Order, the CONTRACTOR shall commence performance of the work as specified.
B. The CONTRACTOR shall not commence any additional work or other changes covered
by the Scope of Services for the individual project without an executed Change Order. If the
CONTRACTOR performs additional work beyond the specific requirements of this contract
without an executed Change Order, it shall be at the CONTRACTOR'S own risk. The COUNTY
assumes no responsibility for any additional costs for work not specifically authorized by an
executed Change Order.
19. Claims and Disputes:
A. Claims by CONTRACTOR will be made in writing to the COUNTY within five
business days after the commencement of the event giving rise to such claim or CONTRACTOR
will be deemed to have waived the claim.
B. CONTRACTOR will proceed diligently with its performance as directed by the
COUNTY, regardless of any pending claim, action, suit, or administrative proceeding, unless
otherwise agreed to by the COUNTY in writing. The COUNTY will continue to make payments
on the undisputed portion of the contract in accordance with the contract documents during the
pendency of any claim.
C. Claims by CONTRACTOR will be resolved in the following manner:
(1) Upon receiving the claim and supporting data, the COUNTY will within 15
calendar days respond to the claim in writing stating that the claim is either
approved or denied. If denied, the COUNTY will specify the grounds for
denial. The CONTRACTOR will then have 15 calendar days in which to
provide additional supporting documentation, or to notify the COUNTY that
the original claim stands as is.
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
(2) If the claim is not resolved, the COUNTY may, at its option, choose to submit
the matter to mediation. A mediator will be mutually selected by the parties
and each party will pay one-half the expense of mediation. If the COUNTY
declines to mediate the dispute, CONTRACTOR may bring an action in a court
of competent jurisdiction in and for Lake County, Florida.
(3) Claims by the COUNTY against CONTRACTOR will be made in writing to
the CONTRACTOR as soon as the event leading to the claim is discovered by
the COUNTY. CONTRACTOR will respond in writing within 15 calendar
days of receipt of the claim. If the claim cannot be resolved, the COUNTY will
have the option to submit the matter to mediation as set forth in (C)(2) above.
(4) Arbitration will not be considered as a means of dispute resolution
(5) No claim for damages or any claim other than for an extension of time will be
made or asserted against the county by reason of any delays. No interruption,
interference, inefficiency, suspension or delay in the commencement or
progress of the work will relieve CONTRACTOR of its duty to perform or give
rise to any right to damages or additional compensation from the COUNTY.
CONTRACTOR expressly acknowledges and agrees that CONTRACTOR will
receive no damages for delay. This provision will not preclude recovery or
damages by CONTRACTOR for hindrances or delays due solely to fraud, bad
faith or active interference on the part of the COUNTY. Otherwise,
CONTRACTOR will be entitled to extensions of the contract time as the sole
and exclusive remedy for such resulting delay, in accordance with and to the
extent specifically provided above.
20. Waiver of Claims: CONTRACTOR'S acceptance of final payment will constitute a full
waiver of any and all claims by the CONTRACTOR against the COUNTY arising out of the
contract or otherwise related to the Service, except those previously made in writing and identified
by CONTRACTOR as unsettled at the time the final estimate is prepared. Neither the acceptance
of the work nor payment by the COUNTY will be deemed a waiver of the COUNTY'S rights to
enforce any continuing obligations of CONTRACTOR or to the recovery of damages for defective
work not discovered by the COUNTY at the time of final inspection.
21. Recovery Rights Subsequent to Final Payment: The COUNTY reserves the right, should an
error be discovered in the invoice, or should proof of defective work or materials used by or on
the part of CONTRACTOR be discovered after the final payment has been made, to claim and
recover from CONTRACTOR by process of law, such sums as may be sufficient to correct the
error or make good the defects in the work and materials, including any fees or costs associated
with the additional services of the COUNTY.
22. Termination: This contract may be terminated by the COUNTY upon 10 calendar days
advance written notice to the other party; but if any work, service or task hereunder is in progress
but not completed on the date of termination, then this contract may be extended upon written
approval of the COUNTY until said work, service or task is completed and accepted.
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 214)903
A. Termination for Convenience: In the event this contract is terminated or cancelled upon
the request and for the convenience of the COUNTY with the required 10 calendar day advance
written notice, the COUNTY will reimburse CONTRACTOR for actual work satisfactorily
completed.
B. Termination for Cause: Termination by either party for cause, default, or negligence
on the part of the other party will be excluded from the foregoing provision. Termination costs, if
any, will not apply. The 10-calendar day advance notice requirement is waived in the event of
termination for cause.
C. Termination Due to Unavailabilitv of Funds in Succeeding Fiscal Years: When funds
are not appropriated or otherwise made available to support continuation of performance in a
subsequent fiscal year, this contract will be canceled, and CONTRACTOR will be reimbursed for
the reasonable value of any non -recurring costs incurred but not amortized in the price of the
supplies or services/Tasks delivered under this contract.
23. Assignment of Contract: This contract will not be assigned except with the written consent
of the COUNTY'S Procurement Services Director. No such consent will be construed as making
the COUNTY a party to the assignment or subjecting the COUNTY to liability of any kind to any
assignee. No assignment will under any circumstances relieve CONTRACTOR of liability and
obligations under this contract and all transactions with the COUNTY must be through
CONTRACTOR. Unless otherwise stipulated herein, CONTRACTOR will notify and obtain prior
written consent from the COUNTY prior to being acquired or subject to a hostile takeover. Any
acquisition or hostile takeover without the prior consent of the COUNTY may result in termination
of this contract for default.
24. Insurance:
A. CONTRACTOR will purchase and maintain at all times during the term of this contract,
without cost or expense to the COUNTY, policies of insurance as indicated below, with a company
or companies authorized to do business in the State of Florida, and which are acceptable to the
COUNTY, insuring the CONTRACTOR against any and all claims, demands, or causes of action,
for injuries received or damage to property relating to the performance of duties, services, or
obligations of the CONTRACTOR under the terms and provisions of the contract. An original
certificate of insurance, indicating that CONTRACTOR has coverage in accordance with the
requirements of this section must be received and accepted by the COUNTY prior to contract
execution or before any work begins. It will be furnished by CONTRACTOR to the COUNTY' S
Project Manager and Procurement Services Director within five working days of such request.
The parties agree that the policies of insurance and confirming certificates of insurance will insure
the CONTRACTOR in accordance with the following minimum limits:
(1) General Liability insurance on forms no more restrictive than the latest edition
of the Occurrence Form Commercial General Liability policy (CG 00 01) of the
Insurance Services Office or equivalent without restrictive endorsements, with
the following minimum limits and coverage:
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
Each Occurrence/General Aggregate
Products -Completed Operations
Personal & Adv. Injury
Fire Damage
Medical Expense
Contractual Liability Included
$1,000,000/2,000,000
$2,000,000
$1,000,000
$50,000
$5,000
(2) Automobile liability insurance, including owned, non -owned, and hired autos
with the minimum Combined Single Limit of $1,000,000
(3) Workers' compensation insurance based on proper reporting of classification
codes and payroll amounts in accordance with Chapter 440, Florida Statutes,
and any other applicable law requiring workers' compensation (Federal,
maritime, etc.). If not required by law to maintain workers compensation
insurance, the CONTRACTOR must provide a notarized statement that if he or
she is injured, he or she will not hold the COUNTY responsible for any payment
or compensation.
(4) Employers Liability with the following minimum limits and coverage:
Each Accident $1,000,000
Disease -Each Employer $1,000,000
Disease -Policy Limit $1,000,000
(5) Professional liability and specialty insurance (medical malpractice, engineers,
architect, consultant, environmental, pollution, errors and omissions, etc.) as
applicable, with minimum limits of $1,000,000 and annual aggregate of
$2,000,000.
B. Lake County, a Political Subdivision of the State of Florida, and the Board of County
Commissioners, will be named as additional insured as their interest may appear all applicable
policies. Certificates of insurance must identify the RFP or ITB number in the Description of
Operations section on the Certificate.
C. CONTRACTOR must provide a minimum of 30 days prior written notice to the
COUNTY of any change, cancellation, or nonrenewal of the required insurance.
D. Certificates of insurance must evidence a waiver of subrogation in favor of the
COUNTY, that coverage must be primary and noncontributory, and that each evidenced policy
includes a Cross Liability or Severability of Interests provision, with no requirement of premium
by the COUNTY.
E. CONTRACTOR must provide a copy of all policy endorsements, reflecting the required
coverage, with Lake County listed as an additional insured along with all required provisions to
include waiver of subrogation. Contracts cannot be completed without this required insurance
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DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD824F1AF602756BA
CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
documentation. A certificate of insurance (COI) will not be accepted in lieu of the policy
endorsements.
F. Certificate holder must be;
LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND
THE BOARD OF COUNTY COMMISSIONERS.
P.O. BOX 7800
TAVARES, FL 32778-7800
G. All self -insured retentions will appear on the certificates and will be subject to approval
by the COUNTY. At the option of the COUNTY, the insurer will reduce or eliminate such self -
insured retentions; or CONTRACTOR will be required to procure a bond guaranteeing payment
of losses and related claims expenses.
H. The COUNTY will be exempt from, and in no way liable for, any sums of money,
which may represent a deductible or self -insured retention in any insurance policy. The payment
of such deductible or self -insured retention will be the sole responsibility of the CONTRACTOR
or subcontractor providing such insurance.
I. CONTRACTOR will be responsible for subcontractors and their insurance.
Subcontractors are to provide Certificates of Insurance to the COUNTY evidencing coverage and
terms in accordance with the CONTRACTOR'S requirements.
J. Failure to obtain and maintain such insurance as set out above will be considered a
breach of contract and may result in termination of the contract for default.
K. Neither approval by the COUNTY of any insurance supplied by CONTRACTOR, nor
a failure to disapprove that insurance, will relieve CONTRACTOR of full responsibility of
liability, damages, and accidents as set forth herein.
25. Indemnity: The CONTRACTOR shall indemnify and hold the COUNTY and its agents,
officers, commissioners and employees harmless for any damages resulting from failure of the
CONTRACTOR to take out and maintain the above insurance. The CONTRACTOR agrees to
indemnify, and hold the COUNTY and its agents, officers, commissioners, and employees, free
and harmless from and against any and all losses, penalties, damages, settlements, costs, charges,
professional fees or other expenses or liabilities resulting from the negligent act, error or omission
of the CONTRACTOR, its agents, employees, subconsultants, or representatives, in the
performance of the CONTRACTOR'S duties as set forth in this Agreement. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by
CONTRACTOR to indemnify COUNTY for the negligent acts or omissions of COUNTY, its
officers, agent or employees, or third parties.
26. Independent Contractor: The CONTRACTOR, and all its employees, agree that they will be
acting as independent contractors and will not be considered or deemed to be an agent, employee,
or partner of the COUNTY. The CONTRACTOR will have no authority to contract for or bind
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
the COUNTY in any manner and shall not represent itself as an agent of the COUNTY or as
otherwise authorized to act for or on behalf of the COUNTY. The CONTRACTOR warrants that
it has not employed or retained any company or person, other than a bona fide employee working
solely for the CONTRACTOR to solicit or secure this contract and that it has not paid or agreed
to pay any person, company, corporation, individual, or firm other than a bona fide employee
working solely for the CONTRACTOR any fee, commission, percentage, gift, or other
consideration contingent upon on resulting from the award or making of this contract.
27. Return of Materials: Upon the request of the COUNTY, but in any event upon termination of
this contract, CONTRACTOR will surrender to the COUNTY all memoranda, notes, records,
drawings, manuals, computer software, and other documents or materials pertaining to the services
hereunder, that were furnished to CONTRACTOR by the COUNTY pursuant to this contract.
28. Public Entily Crimes: A person or affiliate who has been placed on the convicted vendor list
following a conviction of a public entity crime may not be awarded or perform work as a
contractor, supplier or subcontractor under a contract with any public entity in excess of the
threshold amount provided in Florida Statutes, Section 287.017 for Category Two for a period of
36 months from the date of being placed on the convicted vendor list.
29. Conflict of Interest: CONTRACTOR agrees that it will not engage in any action that would
create a conflict of interest in the performance of its obligations pursuant to this contract, or which
would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes,
relating to ethics in government. CONTRACTOR hereby certifies that no officer, agent, or
employee of the COUNTY has any material interest either directly or indirectly in the business of
CONTRACTOR conducted here and that no such person will have any such interest at any time
during the term of this contract unless approved by the COUNTY.
30. Retainina Other Contractors: Nothing herein will be deemed to preclude the COUNTY from
retaining the services of other persons or entities undertaking the same or similar services as those
undertaken by CONTRACTOR or from independently developing or acquiring materials or
programs that are similar to, or competitive with, the services provided under this Contract. While
the COUNTY has listed all major items which are utilized by the COUNTY'S offices and
departments in conjunction with their operations, there may be similar or ancillary items that must
be purchased by the COUNTY during the term of this contract. Under these circumstances, a
COUNTY representative will contact CONTRACTOR to obtain a price quote for the similar or
ancillary items. The COUNTY reserves the right to award these ancillary items to
CONTRACTOR, another vendor or to acquire the items through a separate solicitation.
31. Accuracy: During this contract, CONTRACTOR is responsible for the professional quality,
technical accuracy, timely completion and coordination of all the services furnished hereunder.
CONTRACTOR will, without additional compensation, correct or revise any errors, omissions or
other deficiencies in resulting from the services provided herein.
32. Rig! t to Audit: The COUNTY reserves the right to require the CONTRACTOR to submit to
an audit, by any auditor of the COUNTY' S choosing. The CONTRACTOR shall provide access
to all of its records, which relate directly or indirectly to this contract at its place of business during
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
regular business hours. The CONTRACTOR shall maintain and retain all books, records, and
documents pertaining to this contract in accordance with generally accepted accounting procedures
and practices and upon request make them available to the COUNTY for five complete calendar
years following expiration of the contract. CONTRACTOR agrees to provide such assistance as
may be necessary to facilitate the review or audit by the COUNTY to ensure compliance with
applicable accounting and financial standards.
33. Force Majeure: The parties will exercise every reasonable effort to meet their respective
obligations hereunder, but will not be liable for delays resulting from force majeure or other causes
beyond their reasonable control, including, but not limited to, compliance with any Government
law or regulation, acts of nature, acts or omissions of the other party, Government acts or
omissions, fires, strikes, national disasters, wars, riots, transportation problems or any other cause
beyond the reasonable control of the parties. Any such cause will extend the performance of the
delayed obligation to the extent of the delay so incurred.
34. Public Records:
A. All electronic files, audio and video recordings, and all papers pertaining to any activity
performed by the contractor for or on behalf of the COUNTY will be the property of the COUNTY
and will be turned over to the COUNTY upon request. In accordance with Chapter 119, Florida
Statutes, each file and all papers pertaining to any activities performed for or on behalf of the
COUNTY are public records available for inspection by any person even if the file or paper resides
in the CONTRACTOR'S office or facility. The CONTRACTOR will maintain the files and papers
for not less than three complete calendar years after the Service has been completed or terminated,
or in accordance with any grant requirements, whichever is longer. Prior to the close out of the
contract, the CONTRACTOR will appoint a records custodian to handle any records request and
provide the custodian's name and telephone numbers to the COUNTY'S Project Manager.
B. Pursuant to Section 119.0701, Florida Statutes, CONTRACTOR will comply with the
Florida Public Records' laws, and will:
(1) Keep and maintain public records required by the COUNTY to perform the
services identified herein.
(2) Upon request from the COUNTY'S custodian of public records, provide the
COUNTY with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided for by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
contract if the CONTRACTOR does not transfer the records to the COUNTY.
(4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public
records in possession of the CONTRACTOR or keep and maintain public
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
records required by the COUNTY to perform the service. If CONTRACTOR
transfers all public records to the COUNTY upon completion of the contract,
CONTRACTOR will destroy any duplicate public records that are exempt, or
confidential and exempt, from public records disclosure requirements. If
CONTRACTOR keeps and maintains public records upon completion of the
contract, CONTRACTOR will meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
COUNTY, upon request from the COUNTY'S custodian of public records, in
a format that is compatible with the information technology systems of the
COUNTY.
C. IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT LAKE COUNTY, OFFICE OF PROCUREMENT SERVICES,
315 WEST MAIN STREET, P.O. BOX 7800, TAVARES, FL 32778 OR AT
352-343-9424 OR VIA EMAIL AT
PURCHASING MAKECOUNTYFL.GOV.
D. Failure to comply with this subsection will be deemed a breach of the contract and
enforceable as set forth in Section 119.0701, Florida Statutes.
35. This contract is governed by and in accordance with, the laws of the State of Florida. Venue
for any legal action resulting from this contract will lie in Lake County, Florida.
36. Neither party may assign any rights or obligations under this contract to any other party unless
specific written permission from the other party is obtained.
37. This contract will be binding upon and will inure to the benefit of each of the parties and of
their respective successors and permitted assigns.
38. This contract may not be amended, released, discharged, rescinded or abandoned, except by a
written instrument duly executed by each of the parties hereto.
39. The failure of any party hereto at any time to enforce any of the provisions of this contract
will in no way constitute or be construed as a waiver of such provision or of any other provision
hereof, nor in any way affect the validity of, or the right thereafter to enforce, every provision of
this contract.
40. During the term of this contract the CONTRACTOR assures the COUNTY that it is in
compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights
Act of 1992, in that the CONTRACTOR does not on the grounds of race, color, national origin,
religion, sex, age, disability or marital status, discrimination in any form or manner against the
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CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB 4 21-0903
CONTRACTOR employees or applicants for employment. The CONTRACTOR understands and
agrees that this Contract is conditioned upon the veracity of this statement of assurance.
41. The CONTRACTOR will comply with all Federal, State and local laws, rules and regulations.
42. Any individual, corporation, or other entity that attempts to meet its contractual obligations
with the COUNTY through fraud, misrepresentation or material misstatement, may be debarred
for up to five years. The COUNTY may terminate or cancel any other contracts with such
individual, corporation, or entity. Such individual or entity will be responsible for all direct or
indirect costs associated with termination or cancellation, including attorney's fees.
43. With the consent of the CONTRACTOR, other agencies may make purchases in accordance
with the contract. Any such purchases will be governed by the same terms and conditions as stated
herein except for a change in agency name. In addition, although this contract is specific to a
County department, it is agreed and understood that any County department may avail itself of this
contract and purchase any and all items specified herein at the contract price(s) established herein.
A contract modification will be issued by the COUNTY identifying the requirements of the
additional County department(s).
44. The CONTRACTOR will act as the prime contractor for all required items and services and
will assume full responsibility for the procurement and maintenance of such items and services.
The CONTRACTOR will be considered the sole point of contact with regards to all stipulations,
including payment of all charges and meeting all requirements of this contract. All subcontractors
will be subject to advance review by the COUNTY in terms of competency and security concerns.
No change in subcontractors will be made without consent of the COUNTY, Even if the
subcontractor is self -insured, the COUNTY may require the CONTRACTOR to provide any
insurance certificates required by the work to be performed.
45. The invalidity or unenforceability of any particular provision of this contract will not affect
the other provisions hereof, and this contract will be construed as if such invalid or unenforceable
provisions were omitted.
46. This contract is intended by the parties hereto to be the final expression of their agreement,
and it constitutes the full and entire understanding between the parties with respect to the subject
hereof, notwithstanding any representations, statements, or contracts to the contrary heretofore
made. Any items not covered under this contract will need to be added via written addendum, and
pricing negotiated based on final specifications.
47. Wherever provision is made in this contract for the giving, service or delivery of any notice,
statement or other instrument, such notice will be in writing and will be deemed to have been duly
given, served and delivered, if delivered by hand or mailed by United States registered or certified
mail or sent by facsimile, addressed as follows:
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DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA
CONTRACT TOR DISASTER DEBRIS MONITORING SERVICES, ITB 4 21-0903
If to CONTRACTOR:
Greg Fenton, COO
Witt O'Brien's LLC
2200 Eller Drive
Fort Lauderdale, FL 33316
If to COUNTY:
Lake County Manager
315 West Main Street
P.O. Box 7800
Tavares, Florida 32778
Each party hereto may change its mailing address by giving to the other party hereto, by hand
delivery, United States registered or certified mail notice of election to change such address.
48. Scope of Contract. This contract is intended by the parties to be the final expression of their
contract, and it constitutes the full and entire understanding between the parties with respect to the
subject of this contract, notwithstanding any representations, statements, or contracts to the
contrary previously made. Any items not covered under this contract will need to be added via
written addendum, and pricing negotiated based on final specifications.
This contract contains the following attachments, all of which are incorporated in this contract:
Exhibit A
Scope of Services
Exhibit B
Pricing Sheet
Exhibit C
Federal Forms
Exhibit D
Federal Terms
[SIGNATURE PAGE FOLLOWS]
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DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA
CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES, ITB # 21-0903
IN WITNESS WHEREOF, the parties have signed this contract through their
authorized representatives on the dates under each signature:
WITT O'BRIEN'S LLC
By: A (11
Greg Fenton, COO
12t 7anuary
This h day of , 2021.
ATTEST:
Za1
Gary J. Co ey lerkr'
Board of e,Florida
CommissKners f
Lake Coun
Approved as to form and legality:
Melanie Marsh, County Attorney
BOARD OF COUNTY COMMISSIONERS
OF LAKE COUNTY.oFLORIDA
SEAN M. PARKSrCHAIRMI�N
This day of — , 2021
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DoouSign Envelope ID: C64FDAE8-27&4ABDF-AD82-F1AF6027588A
EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES 21-0903
SCOPE OF SERVICES
The purpose of this solicitation is to retain a qualified consultant to provide monitoring services
for debris collection and debris management sites, to coordinate and manage all storm debris
management activities, and to furnish potential solutions to Lake County with regard to its debris
management plan in accordance with applicable regulations of the Federal Emergency
Management Agency (FEMA), Federal Highway Administration (FHWA), Florida Department of
Transportation (FDOT), Florida Department of Health (FDH), Natural Resources Conservation
Services (MRCS), Lake County Water Authority (LCWA), and the Florida Department of
Environmental Protection (FDEP) in conjunction with the County's needs.
To the best of its abilities, the consultant shall be cognizant of, and ensure that the most current
Federal, state, and local regulations and requirements are being followed in the performance of
work under the contract.
This is an indefinite quantity contract with no guarantee services will be required. There is no
guaranteed minimum or maximum dollar amount or volume to be expended on any contract
resulting from this solicitation.
The consultant shall be responsible for the overall monitoring of debris removal and collection.
This includes monitoring the progress of debris removal contractor(s) and recovery contractor(s)
and suggesting/implementing recommendations to improve efficiency and to speed up recovery
work. The consultant may also be involved in the selection of debris haulers. The consultant
shall coordinate with the disaster debris contractor to devise a collection routing plan that insures
a well -managed, organized approach to debris collection. The consultant shall also recommend the
routing plan for approval by the County; only County township maps will be used for all debris
planning and logistics. Depending on the impact of events in Lake County, the consultant may be
required to provide trained and qualified individuals for Planning, Logistics, Recovery and
Operations Sections in the County Emergency Operations Center and select Emergency Support
Function staff.
Deployment
Consultant must be prepared to deploy debris monitors within twenty-four (24) hours from the
date of the notice to proceed issued by the County. When additional debris monitoring is needed
to meet requirements of the monitoring contract, consultant shall be prepared to increase the
number of debris monitors for the County to use as needed.
Pre -Event Requirements
Services to be provided by the Consultant pre -event, include but are not limited to:
Provide assistance in preparation for disasters through participation in meetings and
workshops, and the establishment of data management and other integrated systems.
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES
21-0903
• Provide full-time County personnel with a half -day debris management training session,
The training program must, at a minimum, meet the training requirement for debris
monitors as outlined by current FEMA debris management guidance.
Participate in annual workshops or planning meetings with County representative(s) and
debris hauling and disposal contractor(s) to establish/rcview applicable policies and
procedures.
Post -Event Requirements
Services to be provided by the Consultant post -event, include but are not limited to:
• Assist with load inspections for storm debris cleanup being performed by one or more
debris hauling and disposal contractors or County agencies.
• Supply sufficient number of trained debris monitors and trained field supervisors to
accommodate the volume of debris to be removed at loading sites and debris management
sites or final disposal sites.
• Supply one field supervisor to oversee no more than ten (10) loading and tower/site debris
monitors.
• Remove and replace employees immediately upon notice from the County Project Manager
for conduct or actions not in keeping with this contract.
• An independent temporary field office for the monitoring staff shall be provided by the
consultant. The office shall include telephone, computer, copier and fax. Designated
parking spaces at the office location for the monitoring staff shall be required. All County
parking spaces are reserved for County personnel only.
Personnel Requirements and Responsibilities
On -Site Project Manager
The consultant shall appoint a specific project manager for the overall coordination and
communication with the County. If the assigned project manager cannot be located on -site at all
times, the consultant will assign a competent on -site operations manager who shall remain on the
jobsite at all times during the progress of the work. The term "competent' includes the ability to
clearly communicate, orally and in writing, in English. The on -site manager shall be the primary
representative under this contract for the consultant. All authorized communications given to the
on -site manager by the County, and all contract -related decisions made by the on -site manager,
shall be binding to the consultant. The on -site manager shall be considered to be, at all times, an
employee of the consultant under its sole direction and not an employee or agent of the County.
Examples of project management/process oversight tasks to be provided under this contract
include but are not limited to:
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES
21-0903
• Assist the County with permit applications and coordination with environmental
agencies, including the environmental permitting of the Debris Management Sites
and/or the Temporary Debris Management Sites.
• Assist the County with any required pre- or post- groundwater sampling.
• Monitor contractors' compliance to permit requirements and address any
noncompliance issues.
• Review and validate debris removal contractor invoices prior to submission to the
County.
• Coordinating daily briefings, work progress, staff, and other key items with the County.
• Assisting with scheduling, dispatching, and logistical operations of the field inspectors
assigned to work areas of storm debris clean-up.
• Hiring, training, deploying and supervising inspectors.
• Establishing daily schedules for the inspectors.
• Monitoring and recording the measurement (cubic yards) of each vehicle in service.
• Determining vehicle monitoring assignments and providing the necessary vehicle
decals for debris collection vehicles for identification and tracking purposes. Decals
shall be large enough to accommodate a minimum of four inch (4") high letters and
shall be placed in a visible location for tower monitoring.
• Tracking and coordinating with County personnel to respond to problems in the field,
including citizen complaints, related to commercial and/or residential property damage
claims as a result of debris removal.
• Conducting end of day duties and verifying all vehicles have left the disposal site at the
specified time established by the County.
• Record the streets and locations where debris was collected. Maps shall be posted daily
in a central location at the County and updated by 10:00 a.m. each business day of the
progress from the previous day(s) worked.
• Schedule work for all team members and contractors on a daily basis.
• Scheduling and managing field staff.
• Conduct all safety inspections on a regular, predetermined and random basis. Ensure
the appropriate frequency of oversight is performed for all work crews, vehicles, and
locations.
• Scheduling and conducting periodic meetings with field staff and contractors.
• Monitor contract(s) for compliance by the debris removal contraetor(s).
• Respond to and document issues concerning complaints, damages, accidents or
incidents involving debris contractors as a result of debris removal operations on both
public and private property.
• Address any environmental concerns, including any violations of the FDEP's debris
site conditions guidelines; oversee operations to correct to the satisfaction of FDEP.
Debris Monitoring Field Supervisor
Consultant will provide one (1) Debris Monitoring Field Supervisor for no more than ten (10)
debris loading site debris monitors.
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES 21-0903
Services to be performed by the Debris Monitoring Field Supervisor(s) include, but are not limited
to:
• Overseeing and supervising loading site and disposal site debris monitoring activities
• Scheduling debris monitoring resources and deployment timing
• Communicating and coordinating with County personnel
• Providing suggestions to improve the efficiency of collection and removal of debris
• Coordinating daily activities and future planning
• Remaining in contact with debris management/dispatch center or supervisor
• Identifying, addressing, and troubleshooting any questions or problems that could
affect work area safety and eligibility
• Supervising the accurate measurement of load hauling compartments and accurately
computing volume capacity in cubic yards (CY)
• Documenting and recording measurements and computations
• Documenting truck hauling compartment condition using digital photographs
• Preparing a master logbook of all hauling equipment used by the County's debris
removal contractor(s)
• Compiling, reconciling, and documenting daily, in an electronic spreadsheet format, all
eligible debris hauled by the debris removal contractor(s)
Debris Monitors
Consultant will provide trained debris monitoring personnel to oversee the loading of eligible
debris at collection sites and verification of load capacity and documentation at designated
temporary debris management or final disposal sites.
Specific services for each type of Debris Monitors include, but are not limited to the following:
Debris LoadinP Site Monitors
Debris Loading Site Monitors will perform on -site, street -level debris monitoring at all
contractor loading sites to verify debris eligibility based on the monitoring contract's
requirements and initiate debris removal documentation using load tickets.
Debris Tower/Site Monitors
Debris Tower/Site Monitors will verify estimated quantities of eligible debris hauled by
contractor trucks and documented on load tickets.
Services include, but are not limited to:
Providing trained debris monitoring personnel to accurately measure load hauling
compartments and accurately compute volume capacity in CY for all contractor
trucks and trailers prior to commencement of debris hauling operations
Documenting measurements and computations
Completing record of contract haulers' cubic yardage and other recordkeeping as
needed on the load ticket
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES 21-0903
Initialing each load ticket before permitting trucks to proceed from the check -in
area to the tipping area
Remaining in regular contact with debris management/dispatch center or field
supervisor
Performing other duties as directed by the dispatch/staging operation, debris
management project manager, or other designated personnel
Clerlcal/Data Entry Supervisor
Consultant will provide a clerical/data entry supervisor to coordinate data entry and information
management system.
Services include, but are not limited to:
• Supervising the preparation of detailed estimates and submitting them to the County debris
manager
Implementing and maintaining a disaster debris management system linking the load ticket
and debris management site information, including reconciliation and photographic
documentation processes
Providing daily, weekly, or other periodic reports for the County Project Manager noting
work progress and efficiency, current/revised estimates, project completion, and other
schedule forecasts/updates
Clerical Staff/Data Entry Clerk
Consultant will provide clerical staff/data entry clerk(s) as required to enter load ticket
information into the contractor's information management systems and to respond to specific
directions from the data entry supervisor.
Collection Monitoring
In order to obtain FEMA or FHWA reimbursement, all loads must be monitored in the field by
collection monitors. The consultant shall establish an accurate and complete load ticket process
and provide collection monitors -staff to record required FEMA or FHWA data. The consultant
shall train collection monitors to assure proper FEMA or FHWA documentation protocol
requirements are instituted and followed.
Consultant shall provide a field quality control team consisting of one monitor per recovery crew
and at least one field supervisor for every seven monitors unless otherwise approved by the County.
Should the consultant wish to utilize less than the specified field staffing, a detailed plan should
be submitted to the County for review. This plan should outline areas for such a reduction of staff
as well as a description of how recovery crews shall be monitored to meet FEMA or FHWA
guidelines and provide adequate fraud protection for the County. Upon submission of this plan,
the County will review the plan with FEMA or FHWA and provide an approval or denial of this
request. This team will monitor the recovery contracts for contract compliance, efficiency and
regulatory compliance. The team shall provide daily feedback to the County through their
management team. All field team members shall be equipped with the state-of-the-art technology,
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES 21-0903
which shall include cameras, computers, communication devices, and other equipment as deemed
necessary and/or appropriate.
Examples of collection monitoring tasks include but are not limited to:
1) Verification that all debris picked up is a direct result of the disaster.
2) Verification that the contractor is working in their assigned contract areas.
3) Stopping work in progress that is not being performed or documented in the appropriate
manner. Such work should be noted for nonpayment.
4) Inspecting work in progress to ensure that removal efforts include debris of the proper type
in the proper areas.
5) Ensuring compliance with contracts by all subcontractors.
6) Maintain all photo documentation of recovery work on a daily basis. All photos presented
shall show the description in detail of hanger, stumps and leaner removal. The team shall
photograph every stump and leaner removed as well as a random sample of hanger removal
activities.
7) Ensure that contractor is working in compliance with all federal, state, local safety
regulations appropriate for the task being performed.
Load Tickets Process Development
The consultant shall establish a load ticket process and forms to be provided to collection monitor
staff for recording of FEMA or FHWA data. Load tickets should consist of multiple copied pages.
The consultant shall retain original completed tickets on behalf of the County. Additionally, the
consultant, vehicle driver, subcontractor, and the contractor shall also receive copies of completed
load tickets. Original tickets retained by the consultant on behalf of the County shall be turned
over to the County upon completion of the project.
If the consultant wishes to use an automated load ticket or automated reporting system, the
consultant shall be responsible for verifying the system is acceptable by all Federal agencies
involved in the reimbursements, and for supplying all hardware and software needed for the
system.
Load tickets shall include the following information, at a minimum:
a. Date
b. Time
c. Designation of "Push", first pass, second pass and subsequent passes
d. Map Page (Debris Zone) Section Number
e. Complete Street Address of Closest Property
f. Nearest Cross Streets Type of Debris Vehicle number Percent of volume full
g. Driver name (printed) and signature
h. Field monitor's name (printed) and signature
i. Name of sub -contractor
j. Tower monitor's name (printed) and signature
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES 21-0903
Disposal Site Monitoring
All debris collected and disposed of and certification of collection vehicles must be monitored and
documented by the disposal site monitors,
The consultant shall provide disposal site monitors and spotters to observe unloading operation at
the County's designated disposal sites. A minimum of two disposal site monitors are required per
debris site. These staff members in conjunction with the project management team shall coordinate
the logistics of the disposal site to ensure efficient traffic flow and proper handling of load tickets
that record FEMA or FHWA data (such as vehicle fullness, type of waste, etc.). The consultant
shall observe all vehicles entering and exiting the disposal site, ensuring all vehicles are in good
repair and safe with secure side boards and have a tailgate. No vehicles will be allowed to enter
the disposal site without a tailgate. Disposal site monitors shall also provide verification that all
debris reduction and disposal sites have access control and security. Any household hazardous
waste and a -waste items shall be collected at the curbside by the County's Household Hazardous
Waste Contractor through the FEMA/FHWA certification process and tracking system.
The consultant shall, through the disposal site monitoring effort, measure each vehicle that will be
picking up debris for volume and certify its capacity. This vehicle shall be monitored to
determine fullness, type of waste, and point of origin. This certification process includes
developing certification forms and documents to accurately measure the cubic yard volume to the
nearest cubic yard of each vehicle. These forms shall show at a minimum the following
a. Length
b. Width
c. Depth
d. Gross volume in cubic yards
e. Reduction areas such as wheel wells to reduce volume areas in cubic yards
f. Net volume in cubic yards
g. Tag number of vehicles
h. Company vehicle number
i. Driver of vehicle name (printed) and signature
j. Disposal site monitor name (printed) and signature certifying vehicle
k. Date
All debris hauling vehicles shall be certified prior to performing debris removal. The disposal
monitor shall complete a certification on each vehicle. In addition to certifying the vehicle with
the forms, photographs shall be taken of each vehicle showing the vehicle number and type of
vehicle. These photographs shall be attached with the certification. Original copies of these
certifications including photographs shall be retained by the consultant on behalf of the County (to
be returned to the County upon project completion). Additional copies shall be provided to the
debris removal contractor, the vehicle driver, and the consultant. Once these vehicles are certified,
all volumes shall be electronically verified by the consultant within one (1) business day of the
physical certification. Subsequent random verifications shall be performed once every two weeks
on all vehicles, both electronically and manually by the consultant.
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES 21-0903
When a debris site monitor signs a vehicle certification or load ticket, he or she is certifying that
ALL information on the document is completed and the volumes/measurements are correct. The
debris site monitor should not signor accept any partially completed information. Only completed
tickets signed by a debris monitor will be paid by the County. Debris site monitor (s) shall verify,
or calibrate, his or her debris removal vehicle load determinations with the FEMA or FHWA tower
monitors on a daily basis. Disposal site monitors are expected to provide volume determination
consistent with FEMA or FHWA.
Examples of disposal site monitoring tasks include but are not limited to:
1) Monitoring type of waste prior to entering disposal site.
2) Ensure type of waste is disposed in proper location.
3) Estimate the volume of loads on percentage basis of debris collection vehicles.
4) Performing vehicle certifications.
5) Ensuring the safety and security of the disposal site.
6) Certifying the completeness of all load tickets that enter into the disposal site.
7) Ensure only empty vehicles leave the disposal site.
Public Information Assistance
The consultant shall provide regular status updates to the County for public information use.
The consultant shall provide a minimum of two staff members to assist with public telephone
inquiries and complaints. These staff members shall log all customer calls and maintain a status
log toward the resolution of each call. This public information team shall log all damage
complaints concerning the debris removal contractor(s) separately. These damage complaints
shall be forwarded to project management team to be resolved with the contractor. A weekly log
of such complaints and their resolution shall be provided to the County.
The consultant shall provide the County and the debris contractor with daily updates on the
quantities of debris collected. Each daily report shall contain the following:
a. Contractor name
b. Contract number
c. FEMA/FHWA qualification
d. Reports and graphs to delineate production rates of crews and their equipment, progress by
area and estimations of total quantities remaining, estimated time to completion, and daily
cumulative cubic yards of debris removed, processed, and hauled.
This report is due no later than 10:00 a.m. the following business day or as requested by the
County.
The consultant shall provide, weekly, a colored collection status map, electronically prepared. This
map shall show areas currently collected as well as areas to be collected for the upcoming week.
The map is due to the County by 12:00 p.m. noon every Monday. Maps shall be provided in
various sizes and quantities as determined by the County.
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES 21-0903
Database Reporting
The consultant shall be responsible for collecting, auditing for completeness and accuracy,
tabulating and organizing disposal data into required electronic FEMA/FHWA
formats.
A single Microsoft Access database shall be created by the consultant. This database shall include
all information on debris removal including but not limited to: load ticket information, vehicle
certification information, stump removal information, hanger removal data, and leaner removal
information and determination of pass status (i.e. push, first pass, second pass and subsequent
passes. This database shall record all information to a County facility or road listed within the
Lake County Master Street Addressing Guide. Any electronic reporting from this database must
be provided in either Adobe or Microsoft Excel. The database created by the consultant shall be
given to the County at the conclusion of the event.
Payment Monitoring
The consultant shall review and validate debris removal contractor(s) invoices prior to submission
to the County for processing and separating of FEMA and FHWA requirements.
All invoices from the debris removal contractor(s) shall be submitted to the monitoring consultant.
Within seven (7) calendar days of receipt, the invoices shall be reviewed by the monitoring
consultant to be accepted or rejected. The consultant shall issue in writing to the County and the
debris contractor, the acceptance or rejection of the invoices. If the invoice is rejected, the letter
shall state a detailed reason for the rejection. Only 100 percent accurate and completed invoices
will be forwarded to the County for payment. The County shall provide a report weekly to the
consultant. This report shall show all paid invoices with the invoice number and payment date.
Other Related Services:
Event Closure
The consultant shall assist the County in preparing final reports necessary for reimbursement by
FEMA, FHWA, and other applicable agencies for disaster recovery efforts by County staff and
designated debris removal contractors. The consultant shall assist in reviewing and processing
requests for payment by the disaster debris removal contractors.
Federal Funding
To ensure that processing of Federal funding is done as quickly as possible, the following
information and its accuracy is the responsibility of the consultant: invoices, monitoring
information, reports, load tickets, payroll, equipment hours, certification and date of completion
of first pass.
Compliance
The consultant shall provide professional oversight to ensure compliance with FDEP regulations,
FDOT, FHWA, LC WA, NRCS, FDOH, and FEMA reporting requirements, and any other Federal,
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES 21-0903
State, or Local regulation(s). The consultant shall stay current with FEMA, FDOT, FDEP, LCWA,
NRCS, FDOH, and FHWA policies and procedures and notify the County immediately as changes
occur.
The vendor shall ensure specific compliance when required by regulation or statute with all Federal
or State regulatory requirements, specifically including but not limited to, the Buy America Act,
the National Environmental Act (NEPA) of 1969, 49 CFR Part 26 regarding utilization of
Disadvantaged Business Enterprises (DBEs), American with Disabilities Act (ADA) of 1990,
the Equal Opportunity Act, 23 USC 114 regarding prohibited use of convict labor, and all
applicable regulation regarding prohibition of use of contractors -which have been suspended or
debarred.
Selected consultant shall check work in process to make sure that the proper work authorizations,
permits and other prerequisites have been received.
Meetings with County Personnel
Lake County personnel will conduct a kick-off meeting, with the Consultant when the contract is
awarded.
The consultant shall meet with the County representatives and the contractor daily during a
disaster. During periods without a disaster, the consultant shall meet with the County at least once
a year at no cost. This meeting shall occur prior to the hurricane season.
Reporting to the Countv's Project Manager
The consultant shall contact Lake County's Project Manager, at a minimum, 24 hours prior to a
hurricane event or immediately upon the occurrence of a major disaster event within Lake County
in which there is no advance notification/warning. The consultant shall report to the designated
County Project Manager within S hours of being given Notice to Proceed.
Note: The County shall appoint a Project Manager for each/any event and the Project Manager
shall be the lead County representative during each/any event. The County Project Manager will
be responsible for the management/process oversight tasks including but are not limited to the
similar requirements of the Contractors Project Manager.
Debris Sites
The consultant shall ensure that site field monitors are deployed and operational commensurate
with the beginning of debris collection and the establishment of debris sites.
Staffing
The consultant shall include in the response to this RFP a management plan that will outline how
the consultant proposes to handle the services, staffing, and equipment necessary to meet the
County's requirements as identified in this RFP. The consultant shall submit a list of personnel to
be used in this contract, which will include names, addresses, phone numbers, cell numbers, and
driver's license numbers. Changes to the list will he pre -approved by the County. The supervising
staff must speak English and be able to effectively communicate with the drivers.
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EXHIBIT A
DISASTER DEBRIS MONITORING SERVICES
The management staff plan shall consist of the minimum following positions:
a. Project Manager
b. Operations Manager
c. GIS Analyst
d. Field Supervisors
e. Debris Site/Tower Monitors
f. Data Entry Clerks (Load Ticket)
g. Billing and Invoice Analysts
h. Administrative Assistant
i. Field Coordinators (Crew Monitors)
21-0903
The consultant may use other positions as necessary. All such positions and applicable hourly
rates shall be listed in the cost proposal form.
The consultant's hourly rate must include all travel related expenses, meal allowances, hotel
rooms, and any other relevant out of pocket expenses. The County shall only reimburse at the
the consultant at the actual cost for office related expenses. Office related expenses shall be limited
to copying and printing. A log detailing both copying and printing activities shall be submitted
with each invoice.
In submitting a proposal, the Proposer is representing that each person listed or referenced in the
proposal shall be available to perform the services described for the Lake County Board of County
Commissioners, barring illness, accident, or other unforeseeable events of a similar nature in which
case the Proposer must be able to promptly provide a qualified replacement. In the event the
Proposer wishes to substitute personnel, the Proposer shall propose a person with equal or higher
qualifications and each replacement person is subject to prior written County approval. In the
event the requested substitute person is not satisfactory to the County and the matter cannot be
resolved to the satisfaction of the County, the County reserves the right to cancel the contract for
cause.
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DocuSign Envelope ID: CD7D9D64-99B24A93-8C06-A668C6377904 Bi XHIBIT A
t
rr.-
LAE
COUNTY, FL
�[IL ►L�AIDt � aiai r.intt
OFFICE OF PROCUREMENT SERVICES
315 WEST MAIN STREET, SUITE 441
PO BOX 7800
TAVARES FL 32778-7800
ADDENDUM NO. 1
Date: December 3, 2020
Request for Proposal (RFP) 21-0903
Disaster Debris Monitoring Services
PHONE: (352) 343-9839
FAX: (352) 343-9473
It is the vendor's responsibility to ensure their receipt of all addenda, and to clearly acknowledge all
addenda within their initial bid or proposal response. Acknowledgement may be confirmed either by
inclusion of a signed copy of this addendum with their response by completion and/or return of the
addendum acknowledgement section of the solicitation. Failure to acknowledge each addendum may
prevent the bid or proposal from being considered for award.
This addendum DOES NOT change the date for receipt of bids.
A. Questions and Answers
Q 1. RFP Section 5 on Method of Award (page 2), criterion #3 indicates that vendors are to provide three
references within the page 3 years using Attachment 3. However, Attaclunent 3 indicates no more than
5 projects within the past 5 years. Please clarify which requirement is correct.
A 1. Three references within the past 3 years.
Q2. RFP Section 5 on Method of Award (page 2), criterion #5 indicates "all technical specifications
associated with this solicitation." Please clarify what element of the proposal will be evaluated for this
criterion.
A2. There are no specific technical specifications, but evaluation will be based on qualifications of firm,
costs and fee schedule, past performance, materials and plan to accomplish tasks.
Q3. Scope of Services Post -Event requirernents (page 2) indicates that "An independent temporary field
office for the monitoring staff shall be provided by the consultant." However, the last sentence (county
parking spaces are reserved for County personnel only) implies that the space will be provided by the
County. Please confirm that the consultant (award winner) will need to provide the office space.
A3. Award winner- provides office space.
Q4. Scope of Services, Database Reporting (page 9) indicates that the consultant must provide a
Microsoft Access database. Will the County accept our use of login to our web portal and cloud -based
database instead?
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DocuSlgn Envelope 10: ca7aeD64-eee2-4As3-scow-Aaesce377904 EXHIBIT A
M. Yes.
Q5. The Scope of Services section on "Other Related Services" includes a section on staffing (page 10)
that requires respondents to include a management plan in their proposals. In which of the 8 proposal
sections to be uploaded should the management plan be included? The instructions indicate that the plan
should include a list of personnel, including names, addresses, phone numbers, cell numbers, and driver's
license numbers. As much of this is personally identifiable information (PI1), will the County accept just
the names of personnel (and not the P11)?
A5. Section 3 Proposed Solution; Yes,
Q6. Regarding Exhibit E, could the County clarify as to how the FHWA 1273 is applicable as it pertains
to construction contracts and would not be applicable to the type of contract that will be awarded?
A6. This exhibit is not applicable,
Q7. Will changes be allowed to the terms and conditions?
A7. No changes will be made to the terms and conditions at this time but may be considered during the
contract preparation phase with the consultant recommended for award
B. Clarifications
No Truth in Negotiation Certificate will be required for these services.
Acknowledgement of Addendum:
Firm Name: Witt O'Brien's
Signature:
Al-
Typed/Printed Name: Greg Fenton
Date: 12/7/2020
Title: Chief Operating Officer
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EXHIBIT B - PRICING
WITT r'BRIEN.S
MW0F 7W 8[ACOR FA W
5. PRICING SHEET
Type Your.Firn►'�:IY
The Contractor will furnish all labor, materials, tools, transportation and equipment
necessa to provide services to the County.
ITEM
# I
ITEM DESCRIPTION
Unit of
Measure
RATE
1
Project Manager
Hour
$67.50
2
Operations Manager
Hour
$53.00
3
GIS Analyst
Hour
$0.00*
4
Field Supervisor
Hour
$49.00
5
Debris SitelTower Monitor
Hour
$34.00
6
7
8
Data Entry Clerk (Load Ticket)
Hour
$30.00
Billing/Invoice Analysis
Hour
$45.00
Administrative Assistant
Hour
$0.00**
9
Field Coordinator
Hour
$32.00
ti.-.
Other Work : •'-_ � ��, -��,••
Classaficati6n ec A' ` �
Unit of
Measure
RATE
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Other Expetlises (SpociN): r
:.,;Ks,.
;,- -
Unit of
Measure
RATE
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Dlsaster Debris Monitoring Services I RFP 21-M3 wittobriens.com 1
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EXHIBIT B - PRICING
WITT r"BRIEN10S
PART OF THE_ SHACaA FAAMLY
*Our ADMS DebrSiProTM reduces the need for a dedicated professional GIS Analyst. Generally, our geospatial
mapping can be done without the assistance of this position.
"The Administrative Assistant will not be required to conduct the scope of this work. Our technical approach
allows us to absolve these responsibilities through a more efficient use of otx operations manager, billing and
Invoice analyst, and data entry clerk.
Disaster Debris Monitoring Services / RFP 21-0903 wittabrians.corn 2
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