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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. 2 of 49 S:\DOCUMENT12021\pROCUREMEN'MI-0903 Disaster Debris Monitoring\21-0903 Contact_Fina12.doex 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. 3 of 49 S:\DOCUMEN"f\20211PROCURBMGNT121-0903 Disaster Debris Moni[oriug\21-0903 Contract Pinal2.docx 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 4 of 49 S:\DOCUMENT12021\PROCUREMEN'P,21-0903 Disaster Debris Monitoring\21-0903 Contracl_Final2.doex DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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 5 of 49 1-0903 Disaster Debris Monitoring\21-0903 Conh act_Final2.docx 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. 6 of 49 s:\D0CUMENP1202 RPROCUREMENI I-0903 Disaster Debris Monitoring\21-0903 Contract_Finnl2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-FIAF602756BA 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. 7 of 49 S:\DOCUMEN'R2021\PROCUREMBN7121-0903 Disaster Debris Monitoring\21-0903 Coutract_Final2.dou DocuSign Envelope ID: C64FDAE8-278A-46DF-AD82-F1AF602756BA 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. 8 of49 S:\DOCUMrKM021\PROCUREMEN't)21-0903 Disaster Debris Monitoruig\21-0903 Contract_Fiml2.doex DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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: 9 of 49 S:\DOCIIMENT12021\PROCUREMENT\21-0903 Disaster Debris Monitoring\21-0903 Contract_Final2.doex DocuSign Envelope ID: C64FDAE8�278A-4BDF-AD82-F1AF602756BA 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 10 of 49 S:\DOCUMENT\202 ITROCUREMENT 21-0903 Disaster Debris Monitoring\21-0903 Contract_Final2.doex DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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 11 of 49 S:\DOCUMENT\2021\PROCUREMENT\21-0903 Disaster Debris Monitoring\21-0903 Contact_Final2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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 12 of 49 S:\DOCUMENT\202I\PROCUREMENT121-0903 Disaster Debris Monitoring\21-0903 Contract- Fina@.docx DouiSign Envelope ID: C64FDAE8-278A-48DF-AD82-F1AF6027566A 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 13 of 49 S:\DOCUMENT\2021\PROCUREMENI\21-0903 Disaster Debris Monitoring\21-0903 Contract_Final2.doex DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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 14 of 49 S:IDOCUMENT12021\PROCUREMEN'1121-0903 Disaster Debris Monitoring\2I-0903 ContractFinat2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602766BA 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: 15 of 49 S:\DOCOMEN'[\2021\PROCUREMENT121-0903 Disaster Debris Moni[oring\21-0903 Contract_Pinal2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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] 16 of 49 S:IDOCUMENT120211P120CUREMHN'f121-0903 Disaster Debris Monitnring\21-0903 ContractCinal2.docx DocuSign Envelope ID: C64FDAE8-27BA-4BDF-AD82-F1AF6027566A 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 17 of 49 5:1DQCUMENT120211PROCUREMEN7121-0903 Disaster Debris N[onitoring121-0903 Contract_Finai2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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. 18 of 49 SADOCUMEN"n2021\PROCURHMBN'I121-0903 Disaster Debris Monilorurg\21-0903 Conlrac[_Cinal2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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: 19 of 49 S:\DOCUMENT\2021\PROCUREMEN7121-0903 Disaster Debris Moni[oring\21-0903 Contract_Final2.docx DocuSign Envelope ID: C64FDAE8.278A-4BDF-AD82-F1AF602756BA 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. 20 of 49 S:IDOCUMEN1120211P20CUREMCN1121-0903 Disaster Uebis Monitoring\21-0903 Contract_Final2.Aocx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602766BA 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 21 of 49 S:IDOCUMENT12021TROCUREMEN7121-0903 Disaster Debris Mooitoring\21-0903 Con[net_Finnl2,docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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, 22 of 49 S:\nOCUMEN"f\2021\PItOCUIiEM6N"n21-0903 Disaster Debris Monitoruig\21-0903 ConVact_Final2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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 23 of 49 S:\DOCUMENM.021\PROCUREMENT\21-0903 Disaster Debris Monitoring\21-0903 Contract_FinaMdoex DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602766BA 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. 24 of 49 S:\DOCUMENT\2021\PROCUREMEN'l121-0903 Disaster Debris Monitoring121-0903 Cartract_Finu@,docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602766BA 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. 25 of 49 S:\DOCUMENT12021\PROCUREMEN"r\21-0903 Disaster Debris Monilorbig\21-0903 Conffact_Finai2,docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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, 26 of 49 S:\DOCUMEN"n2021\PROCUREMEN9'\21-0903 Disaster Debris Mmiitoriog\240903 Conhact_Pinal2.Aocx DocuSign Envelope to: 064FDAE8-278A-4BDF-AD82-F1AF602756BA 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. 27 of 49 S:\DOCUMENn2021\PROCUREMBN1121-0903 Disaster Debris Monitoring\21-0903 Cmriract_Pinal2.doex DocuSign Envelope ID: C64FDAE8.278A-46DF-AD82-F1AF602756BA 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. 28 of 49 S:\UCCUMriN'I\2021\PROCURGMEN1121-0903 Disaster Debris Moniloring\21-0903 Contract_Final2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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? 29 of 49 S:IDOCUMENT120211PROCURFMENT121-0903 Disaster Debris Monitoring121-0903 Contract Final2.docx DocuSign Envelope ID: C64FDAE8-278A-46DF-AD82-F1AF602756BA 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 30 of 49 S:\DOCUMENT12021\PROCUREMENT121-0903 Disaster Debris Monitoruig\21-0903 Coubnct_Final2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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 31 of49 S:\DOCUMENT12021\PROCUREMENT121-0903 Disaster Debris Monitoring\21-0903 Contraet_Fi"2.,,. DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602766BA 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 32 of 49 S:IDOCIJMEN'I'\2021\PROCU2EMENT\21-0903 Disaster Debris Monitoring\21-0903 Cunhact_Pinal2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602766BA 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 33 of 49 SADOCUMENM0211PROCUREMEN1121-0903 Disaster Debris Monitming121-0903 Coatract_Final2.docx DocuSlgn Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA DocuSlgn Envelope to: CD709D64-g9B24A93-BC06-A668C6377904 EXHIBIT C 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 34 of 49 S:\DOCUMEMf\2021\PROCURF,MSNTV,1-0903 Disaster Debris Monitoring\21-0903 Contract Final2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602766BA 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 35 of 49 S:\DOCUMENn2021\PROCUREMF..NTl21-0903 Disaster Debris Monitoring121-0903 Contract_Final2.duex DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602766BA 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. 36 of 49 S:\DOCUMENT\2021\['ROCUREMF.'N9121-0903 Disaster Debris Moni[oring\21-0903 Contract_Final2.docx DocuSign Envelope ID: C64FDAE8-278A 4BDF-AD82-FlAF602756BA 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, 37 of 49 S:IUOCUMGNT120211PROCUI2HMENT121-0903 Disaster Debris Mouitolin9\21-0903 Conhacl_Pn02.docx DocuSign Envelope ID: C64FDAE8-278A-46DF-AD82-F1AF602766BA 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 38 of 49 8:\DOC[JMEN"1'\2021\VILOCOREMFNT\21-0903 Disaeter Debeis Monitoring\2, 1-0903 Con[ract_Finxl2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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 39 of 49 8:\DOCUMENT \202 ITROCUREMEN'1121-0903 Disaster Debris Monitoring\21-0903 Contract_Puml2.doex DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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 40 of 49 S:\UOCUMP,N712027\PROCUREMEN7121-0903 Disaster Debris Moniroring\21-0903 Contract _Ph@. mdocx DocuSign Envelope ID: C64FDAE6-278A-4BDF-AD82-F1AF602756BA 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 41 of 49 S:\DOCUML'N7�2021\PROCUREMEN'I'\21-0903 Disaster Debris Moni[oriug\21-0903 Conlrncl_Fival2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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 42 of 49 S:DOCUMENT\1.021\PROCUREMCNT\21-0903 Disaster Debris Monitoring\21-0903 Con4uct_F'inal2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602766BA 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, 43 of 49 S:IDOCUMENT12021\F20CURCMENT\21-0903 Disaster Debris Monitoiing\21-0903 Contract _Final2,docx DocuSign Envelope ID: 064FDAE8-278A 4BDF-AD82-FlAF602766BA 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 44 of 49 S:\DOCDMBNT\2021\PROCOREMF.NT\21-0903 Disaster Debris Monitoring\21-0903 Contract_Finel2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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 10 45 of 49 S;\DOCiJMENT\2021\PROCUREMEN'I'\21-0903 Disnster Uebris Moni[oringV t-0903 Coubxct_Finnl2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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 11 46 of 49 S:\DOCUMENT\2021\PI20CUREMENT121-0903 Disaster Delnis Mmutoring\21-0903 Conhnct_Pintil2.docx DocuSign Envelope ID: C64FDAE8-278A-48DF-AD82-F1AF602756BA 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 12 47 of 49 S:IDOCUMENT',2021TROCLREMENT121-0903 Disaster Debris Monitoring121-0903 ContractFinal2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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 13 48 of 49 SADOCUMENM02 ITROCUREMENM 1-0903 Disaster Debris Monitoring\21-0903 Contmc(_Fin,,dl2.doex DocuSign Envelope ID: C64FDAE8-278A-43DF-AD82-F1AF6027566A 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." 14 49 of 49 5:1DOCUMEN112021\PROCURHMENT\21-0903 Disaster Debris Monitoting\21-0903 Conhacl_Pin112,docx 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 Timestamp Timestamp Timestamp Timestamp Sent: 1/12/2021 11:49:32 AM Viewed: 1/12/2021 11:58:06 AM Timestamp Timestamp Envelope Summary Events Status Timestamps 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 electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Witt O'Brien's: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: contractrequests@wittobriens.com To advise Witt O'Brien's of your new email address To let us lmow of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at contractrequests@wittobriens.com and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Witt O'Brien's To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to contractrequests@wittobriens.com and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Witt O'Brien's To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to contractrequests@wittobriens.com and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/jzuides/signer-guide- signin g-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify Witt O'Brien's as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Witt O'Brien's during the course of your relationship with Witt 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 DocuSign Envelope ID: 09769B4F-33F2-46BC-B10C-B29C3COB62B3 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 DocuSign Envelope ID: 09769B4F-33F2-46BC-B10C-B29C3COB62B3 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 4 DocuSign Envelope ID: 09769B4F-33F2-46BC-BLOC-B29C3COB62B3 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. 5 DocuSign Envelope ID: 09769B4F-33F2-46BC-B10C-B29C3COB62B3 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 Security Checked 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 Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 9/26/2022 4:06:02 PM Timestamp Timestamp 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 2 of 49 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. 3 of 49 S:IDOCUMENI120211PROCURGMf'NT121-0903 Disaster Debris Monitrniugl21-0903 Contract Finel2.docx 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 4 of 49 5:1DOCUMENTaO2l\PROCUREMEN7121-M3 Disasier Delmis Monitoring\21-M Contract_Pinal2.doex 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 5 of 49 S:IDOCUMCNT120211PROCURGMGNT121-0903 Disaster Debris MoniWring\21-0903 Contract_Fital2.docx 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. 6 of 49 S:\DOCUMENIN2021\PROCLJREMENTi Disaster Debris Mooitoring121-M3 Contract Final2.docx 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. 7 of 49 S:IDOCUMEN7V0211PROCUREMHN7121-0903 Disaster Debris Monitnring121-0903 Contract Final2.Aocx DocuSlgn Envelope ID: C84FDAE8-278A48DF-AD82-FIAF602766BA 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. 8 of 49 S:IDOCUMEP M02 RPROCUREMEMR2I-0903 Disaster D068 Monitoring121-0903 Contract Final2.docz DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF6027566A 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: 9 of 49 5:1DOC[IMEN7'120211PROCUREMEN7121-0903 Disaster Debris Monitoring121-0903 Contract Final2,docx D=Sign Envelope ID: C84FDAE8-278A-45DF-AD82-F1AF802756BA 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 10 of 49 S:1T)OCUMBN"1120211PROCURL'M6N'1121-0903 DisnsterDebris Monitoring121.0903 Con>iact Finul2.docx 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 11 of 49 S:IUOCUMENT\20211i'ROCUREMEN'I%21-0903 Disaster Debris Monitoring121-0903 Contract_Final2.docx DocuSlgn Envelope ID: C64FDAE8-278A-48DF-AD82-F1AF602756BA 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 12 of 49 S;IDOCUMENT1202I\PROCUREMEN R21-0903 Disaster Debris Monitoringa 1 -0903 Contmct_Fuwl2.dM Docu&gn Envelope ID: C64FDAE8-278A-4BDF-A082-F1AF6027568A 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 13 of 49 S:IDOCUMEN712021\PROC[112BMGNT,21.0903 Disaster Debris Monitoring\21-090.3 Contract_Final2.docz DocuSign Envelope ID: C64FDAEB-278A-4BDF-AD82-F1AF602756BA 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 14 of 49 S:IDOCUMEIM20211PROCUREMEN'1121-0903 Disaster Debris Monitoringl2 14Q9Q3 Contract_Final2.docx DocuSlgn Envelope 10: C64FDAE8-278A-48DF-AD82-F1AF602766BA 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: 15 of 49 S:1[)OCUMENT120211PROCUREMENTx21-0903 i7isnster Debris Mautoring121-0903 Contract_Pinal2.docx 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] 16 of 49 8:IDOCUMENT120211PROCUREMEN'R21-4903 Disaster Debris Monitoring121-0903 Conhact_Final2.docx 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 17 of 49 S:\U0('1JMEN"112021\PR000RBMF:NT121-0903 Disaster Dellis Monitoring121-0903 Contrdct_Final2.doex 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. 18 of 49 S:\DOCUMENIIN2021\PROCURCMENMI-0903 Disaster Debris Monitcring121-M Contract_Final2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF6027666A 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: 19 of 49 S:\DOCUMENTCO21\PROCUREMENT\2l-M3 Disnster Debris Moaitoringi21-0903 Contract Final2.doox DocuSign Envelope ID: C64FDAEB-278A-4BDF-AD82-F1AF802758BA 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. 20 of 49 S:IDOCUMEN'I120211PROCUREMEN'I121-0903 Disaster Debris Monitoring121-0903 Contact Final2.docx DocuSlgn Envelope ID: C64FDAE8-278A-48DF-AD82-F1AF802766BA 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 21 of 49 5:1DOCUIv1ENT=11PROCUREMEN712I-0903 Disaster Debris Mouitoring121-0903 Coatrnct_Finnl2.docx DocuSign Envelope ID: C64FDAE6-278A-4BDF-AD82-F1AF602756&4 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, 22 of 49 S:u)OCUMBN'I120211PROCiJREMBN'f121-0903 Disnstar Debris Monitoring\21-090.3 Cantract_Final2,docx DocuSlgn Envelope ID: C64FDAES-278A-4BDF-AD82-F1AF602758BA 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 23 of 49 S:\DOCUMENTA7.(?211PROCUREMEN7121-0903 Disaster Debris Monitoring\2 t-0903 Contrnct_Einal2.docx DocuSign Envelope ID: 064FDAE8-27aAABDF-AD82-F1AF6027588A 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. 24 of 49 S:1DOCUMENI 20211PROCUREMEN'1%21-0903 Disaster Debris Mouitoring121-0903 CM*8ct_Final2.docx DocuSign Envelope ID: C64FDAE8-278A4BDF-AD82-F1AF602766BA 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. 25 of 49 S-\DOCUMFNlA20211PitOCUREMEKR21-M3 Disaster Debris Monitoringl21-0903 Coauact_Final1dom Dooj*n Envelope ID: C64FDAE8-278A4BDF-AD82-FW602756BA 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, 26 of 49 S:IDOCUMCN712021U'ROCUREMEN9V1-0903 Disaster Debris Monitoring121-0903 Conuuct_FinaYL.docx DocuSign Envelope ID: C84FDAE8-278A-4BDF-AD82-F1AF8027588A 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. 27 of 49 S:IDOCUMBN'IV.0211PROCURGMENT121-0903 Disaster Debis Monitoring121-0903 Conlmcl_F'inal2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602766BA 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. 28 of 49 S:1D000MEN712021\PROCUR£1vIEN7121-0903 Disaster Debris Moniloring121-0903 Coniract_Final2.docx DocuSign Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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? 29 of 49 SADOCUNIF.NTQ021TROCIJRC•MENil21-0403 Disaster Debris uc s Mlonitonng121-0903 Conut_Final2.docx DocuSign Envelope JD: C84FDAE8-278A-4BDF-AD82-F1AF6o2758BA 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 30 of 49 S:IDOCUMEN712021\PROCUREMENT%21-0903 Disnsier Debris Maritoring121-0903 Contract Finnl2.docx DocuSlgn Envelope ID: C64FDAE8-278A-4BDF-AD82-F1AF602756BA 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 31 of 49 S:U)OCLIMBN1120211PROCUREMENI121-0903 Disaster Debris MoniWring121.0903 Contract Finarl.clocx DocuSign Envelope ID: C64FDA E8-278A-49DF-AD82-F1AF602756BA 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 32 of 49 5:1DOCIJMEN'1\20211PKOCUREM EN'[121-0903 Disaster Debris Mooitoritig121-0903 Couunct_Finul2.doc:x /