11063-20240521135032 STONE DEBRIS.pdf

P.O. Box 369 Wiggins, Mississippi 39577 Phone: 601-928-7390 Fax: 601-928-5526

STONE COUNTY 2024 HURRICANE SEASON

COUNTY WIDE PUBLIC PROPERTY

DEBRIS COLLECTION AND DISPOSAL CONTRACT DOCUMENTS

PREPARED BY: ONEAL-BOND ENGINEERING, INC.

June 17 , 2024

NOTICE OF REQUEST FOR PROPOSALS

FOR 2024 HURRICANE SEASON COUNTY WIDE PUBLIC

PROPERTY DEBRIS COLLECTION AND DISPOSAL

The Stone County Board of Supervisors will receive sealed bids until 10:00 a.m. on the 17th day of June 2024, at the Chancery Clerk's office in the Stone County Court House, for the privilege of furnishing to the Stone County Board of Supervisors the following supplies, personal property and/or services, in accordance with 44 CFR 13.36, procurement; to-wit:

County wide public property debris collection and disposal, including all appropriate personnel, equipment, fuels, insurances, transportation and services to expeditiously and safely collect and remove to county-approved sites [ subject to guidelines, regulations, approval and direction of all involved federal, state and local governments including, but not limited to, FEMA, MEMA, EPA, ACE, MDEQ, and the Board of Supervisors], all debris resulting from a disaster and declared an emergency by the State of Mississippi and/or the President of the United States, from all county road rights of way and other county property, in order to restore and to maintain appropriate traffic flow and the safety and structural integrity of the county roads and bridges, and open access to health, education, emergency and other facilities and services accessed by or available to the public at large, in, on and in the entirety of Stone County lying outside the City of Wiggins.

Contract and bid documents are now on file at the Stone County Courthouse in Wiggins, Mississippi and are subject to public inspection and copying from 8:00 a.m. until 5:00 p.m., Monday through Friday.

The bids will be opened and read after 10:00 a.m. on June 17th, 2024, at the Stone County

Court House Board Room. The Stone County Board of Supervisors reserves the right to reject any and all bids, to waive any formalities and to accept bids by classes and/or groups.

WITNESS my hand and official seal of office, this ________ day of __________, 2024.

Seal Tom Smith, Clerk

Board of Supervisors

Stone County, Mississippi

Publish: May 8 and May 15, 2024

Email or Mail:

Mississippi Contract Procurement Center, Stone County Enterprise

BOARD ORDER:

WHEREAS, the Board of Supervisors of Stone County, Mississippi deems a Board Order necessary for the benefit of the citizens of Stone County, and

WHEREAS, the County has prepared a pre-disaster debris removal plan in accordance with

FEMA guidelines and recommends securing bids for debris collection and removal prior to an event, IT IS, THEREFORE, ORDERED AND ADJUDGED by the Board of Supervisors of Stone

County, Mississippi, that the Clerk is authorized and directed to solicit competitive sealed proposals therefore by solicitation as required by law prior to such purchase which shall be held as stated in the “Notice of Request for Proposals” attached hereto which Notice also describes the said items to be obtained.

SO ORDERED AND ADJUDGED this ______________ day of ____________, 2024.

AYE NAY ABSENT

Stevie Lee ( ) ( ) ( )

Jimmy Spring ( ) ( ) ( )

Ronald Howard, Pres. ( ) ( ) ( )

Nathan Bond ( ) ( ) ( )

Daniel Harris ( ) ( ) ( )

WITNESS MY SEAL, TOM SMITH, Clerk of the Board of Supervisors on this

___________________ day of ____________________ 2024.

STATE OF MISSISSIPPI

COUNTY OF STONE

I, TOM SMITH, Clerk of the Chancery Court and Ex-Officio Clerk of the

Board of Supervisors in and for the County of Stone, State of Mississippi, do hereby certify that the above and foregoing transcript is a true and correct copy of Order passed by such Board of Supervisors at their _______________ Term, A.D., 2024, on the

________ day of _____________, 2024, as fully and completely as the same appears of record and remains on file in my office, of which original record I am the official custodian.

Given under my hand and seal of said Board of Supervisors, at my office in

Wiggins, Mississippi, this the _____day of __________, 2024.

TOM SMITH,

CLERK OF THE CHANCERY COURT

AND EX-OFFICIO CLERK OF THE

BOARD OF SUPERVISORS OF

STONE COUNTY, MISSISSIPPI

BY:_____________________ D.C.

PROPOSAL REQUIREMENTS

County-wide Public Property Debris Removal and Disposal

Stone County, Mississippi

The purpose of the bids are to have on file properly procured quotes for debris clean-up prior to an event. The Board reserves the right to enter into contract with any qualifying company that the board determines is the lowest and best, in accordance with FEMA and

MEMA guidelines and Mississippi Code with respect to a declared state of an emergency.

No bid may be altered, modified or withdrawn for 180 days after being opened by the Board.

No bid from a contractor, or in reliance on or contemplation of employing a subcontractor, who is on any Stone County, State of Mississippi, or federal list of debarred contractors shall be submitted.

To the extent possible, the successful contractor shall give due consideration to utilizing resources in the Stone County area including, but not limited to, procuring supplies and equipment, awarding subcontracts, and employing workers from Stone County.

The disposal sites for the burnable debris shall be identified after award of contract. The number of sites will be determined by the magnitude of the event. The Mississippi Department of

Environmental Quality must pre-approve the sites. It is the Boards responsibility to secure the sites and pay any tipping fees to the land owners. The sites must be totally cleaned up and grassed by the contractor after the operation and must received approval from the MDEQ. Ash must be hauled and disposed at a Sub-Title D landfill of the contractors choice. The 2 closes are

Waste management at McNeil, MS and Pine Belt Authority at Ovett, MS.

The non-hazardous C&D and stumps/logs that were not burned may be hauled to a Class 1 rubbish site of the contractor’s choice. All truck volumes will be certified by the Contracted

Monitor.

Pursuant to State and Federal Laws, the successful contractor shall give preference to and use materials grown, produced, prepared, made or manufactured in the State of Mississippi, to the extent provided by Mississippi Law or Federal Law as applicable.

The contractor shall be responsible for making sure his equipment, personnel, and work habits comply with Life Safety Code, OSHA regulations and any and all state and federal regulations with respect to workers safety.

All bids shall be sealed and completely filled-in and signed. No bid bond, performance bond, nor payment bond shall be required at the time of bidding, as this solicitation does not represent an actual event, however, if awarded the Contractor must have $ 2,000,000 Liability Insurance and

Workmans Compensation Insurance and be able to furnish One Million Performance and

Payment Bonds. The Board may make any inquiry or investigation it deems appropriate into the fitness and capability of any bidder in order to determine its ability to perform the work required for this project, and shall award contract(s) as the Board determines will assure prompt completion of the project, time being of the essence.

All bids or proposals shall be stated in the unit price, in words and in figures, BY THE CUBIC

YARD FOR DEBRIS AND PER UNIT SIZE FOR HAZARDOUS STUMPS, TREES AND

HANGERS. ALL UNIT PRICES INCLUDE MECHANICALLY-LOADED AND

MECHANICALLY-UNLOADED AND FULLY PROCESSED AND DISPOSED OF.

The loading operation shall be monitored by the county’s designated monitor and the loads shall be graded in terms of percent of capacity of the truck hauling by the monitor. The monitor’s grade on the ticket shall be final and payment shall be based on said ticket.

TICKETS WILL BE A 4-PART CARBON PAPER TICKET PROVIDED BY MONITOR.

It shall be the contractor’s responsibility to pay the cost per yard to the sub-title landfill and any class 1 rubbish sites. The contractor will receive payment based on the unit bid price for cubic yards determined by the monitor and for tons as weighed at the final disposal site. The county will pay the lease fee for the DMS sites.

The contractor shall keep up with their ticket and shall inventory them electronically and shall be reconciled with the counties monitor on a DAILY basis.

ALL WORK AND ITEMS SHALL BE BID F.O.B. STONE COUNTY. NO CONTRACT OR

PROPOSAL SHALL BE BINDING ON STONE COUNTY, MS. OR ANY OFFICIAL

THEREOF UNLESS ACCEPTED BY THE BOARD OF SUPERVISORS OF STONE

COUNTY, MS, REDUCED TO WRITING, AND THE FORM OR FORMS THEREOF

PREPARED BY OR APPROVED IN WRITING BY THE LAWYER FOR THE COUNTY.

THE PROVISION OF ANY SERVICE ITEM IS NOT BINDING ON STONE COUNTY, MS,

OR ANY OFFICAL THEREOF UNLESS RECEIVED AND ACCEPTED IN WRITING BY

THE STONE COUNTY ENGINEER, OR HIS DESIGNEE.

ALL LAWS, RULES AND REGULATIONS SET BY STATUTE AND/OR PROMULGATED

BY THE STATE DEPARTMENT OF AUDIT FOR THE STATE OF MISSISSIPPI, FEMA

AND MEMA APPLY AND ARE INCORPORATED HEREIN BY REFERENCE.

PROPOSAL TO FUNISH

TO: Stone County, Mississippi, Board of Supervisors c/o Chancery Clerk

Stone County Courthouse

Post Office Drawer 7

Wiggins, Mississippi 39577 (601-928-5266)

GENTLEMEN:

The undersigned hereby offers to furnish unto Stone County, Mississippi, the following services at the following price.

( see attached bid sheet)

All prices include any mobilization, pre-delivery and/or set-up charges, all fees, and all services.

This offer is in response to your Request for Proposal, and the scope of work, specifications and proposal requirements therein referred to, all of which are incorporated in and made part of this offer. We fully understand the Request for Proposal, scope of work, specifications and other proposal requirements. The above price does not exceed a fair and equitable price, a “reasonable price” under FEMA regulations or the price permitted by law. Bidder, by submitting bid, attest that they are a business licenses to do business in Mississippi and does have a Ms

Certificate of Responsibility Number.

We further understand this proposal is being sought by the County for the purpose of securing fair and comparable prices prior to an event happening in accordance with the

MEMA approved “Emergency Debris Operation Plan” for Stone County, and in no way represents an actual project.

Bidders realize no responsibility will attach to County or its employees for inadvertent premature opening of any bid and we are responsible for delivering our proposal in a sealed envelope clearly marked in the lower left hand corner “ Sealed Bid for County wide Public Property

Debris Removal and Disposal”. Proposals not so clearly marked on the outside of the envelope may be ignored or rejected.

This proposal may be withdrawn by actual delivery of written notice of unconditional withdrawal actually delivered to the filed with the Stone County Chancery Clerk prior to the time and date designated for receipt of proposals, but this proposal may not thereafter be withdrawn for One hundred and Twenty (180) calendar days following opening of the bids.

SIGNATURE _____________________________________ DATE _______________

NAME OF COMPANY ___________________________________________________

SIGNED BY (Name and Title) _____________________________________________

ADDRESS OF COMPANY ______________________________________________

CITY/STATE/ZIP ______________________________________________________

TELEPHONE NUMBER ________________________________________________

FAX NUMBER ________________________________________________________

E-MAIL ______________________________________________________________

BID SHEET for 2024 Debris Removal Contract for Stone County

Category Item Description Unit Cost per

Unit

Vegetative Collect and

Haul

County Wide (0-30 miles) Veg. from Pick up to semi-centrally located Debris Management Site (DMS) CY

Management and Reduction

Grinding/Chipping veg. debris CY

Air Curtain Burning veg. debris (no open burning) CY

Debris Management/ Site Management CY

C & D Collect and Haul

County Wide 0-30 miles C&D from Pick up to Debris Management Site (DMS) CY

Final Disposal

0-30 miles from (DMS) to Final Disposal CY

31-60 miles from (DMS) to Final Disposal CY

Over 60 miles from (DMS) to Final Disposal CY

Tree Operations

Hazardous Tree 6"-12" trunk Tree

Hazardous Tree 13"-24" trunk Tree

Hazardous Tree 25"-36" trunk Tree

Hazardous Tree 37"-48" trunk Tree

Hazardous Tree 49"+ Tree

Trees with Hazardous Limbs >2" Tree

Tree Operations

Cont.

Hazardous Stumps > 24"-36" ( less than 24" is normal debris) Stump

Hazardous Stumps > 37"-48" Stump

Hazardous Stumps > 49" Stump

Specialty Removal

ROW white Goods Removal unit

Demolition of Private Structure CY

Electronic Waste (cathode ray tubes, tv, computer monitors) Unit

Household Hazardous Waste (HHW) Pound

Bidders Signature: _______________________________________

Date: __________________________________

S C O P E O F W O R K

1.0 The purpose of this contract is to collect, pick-up, remove and haul all Eligible Debris

{as defined by FEMA Regulations for the Public Assistance Debris Management Program, FEMA 322, FEMA 323 and FEMA 325, or their respective replacement, explanatory or supplementary guidelines} from County property and road rights of way within the designated portions of Stone County, Mississippi {“County” }, and to deliver all such

Eligible Debris to disposal sites, as designated and/or approved by the Board of Supervisors

{“Board”} of County acting through President of the Board, the County Emergency

Management Coordinator, the County Road Manager and the County Sheriff, or their respective designees {County’s designee}, with the final determination, in case of question, to be made by the Board.

2.0 Contractor shall provide safe, expeditious, sanitary collection, removal, haul and delivery of all Eligible Debris in good, workmanlike and timely manner, time being of the essence to restoration of the County property and rights of way to a state of usefulness.

3.0 All Eligible Debris shall be hauled at Contractor’s cost to sites designated/approved by the Board. All necessary permits required for Contractor’s operations shall be obtained by and at cost of Contractor. All necessary DMS temporary sites permits required shall be obtained by and at cost of County and/or dumpsite owner/operator.

4.0 Any estimate of the amount of debris is an estimate only, is not to be taken as the maximum or minimum amount of debris which actually will eventually fall within this

Scope of Work, and is not guaranteed in any way.

5.0 The work shall consist of collecting, clearing, separating, loading, hauling, delivering, and unloading of all Eligible Debris from County’s property and rights of way, Contractor shall {1} examine and sort debris to determine whether the debris is Eligible Debris and whether Eligible Debris is burnable or nonburnable, {2} loading and sorting the debris, {3} hauling Eligible Debris to an approved disposal site. Ineligible debris will not be loaded, hauled or dumped under this Contract but Contractor shall immediately notify County’s designee of any ineligible debris found on or placed at the County’s property or right of way for collection. Contractor shall make only the designated passes the County ask for which could be One up to three (3) passes of all of County’s property and rights of way

(unless a lesser number of passes is approved by the Board as being adequate) with a minimum, of one weekend between each pass, on a schedule coordinated with and approved by County’s designee. Contractor shall not move from one designated work area to another designated work area without prior approval of County’s designee. Any Eligible Debris, such as fallen trees, shall be severed at the point where it enters the County property or right of way line and only that part of the Eligible Debris within or at the County property or right of way line shall be collected and removed. Contractor shall not enter private property in performance of this Contract.

6.0 Much of this project shall occur in residential areas. Contractor must exercise due diligence to minimize damage to trees, shrubs, landscaping, building and general private property and will restore/repair in timely manner any damage caused by its operations. The debris work area will be left clear of debris and as clean as is reasonably practical. No tracked equipment shall be allowed in residential areas that causes too much damage as determined by county.

7.0 Contractor shall use equipment and perform work in a manner which will prevent damages to public or private roads and roadways, public or private property, and the motoring public, being careful of utility lines and County’s infrastructure and facilities, including adjacent landscaping. All loading equipment shall operate from the roadway using buckets and/or boom or grapple devices to remove and load debris.

8.0 Contractor shall abide disaster and response agency instructions and shall not interfere with the disaster and response activities of federal, state and local governments and agencies and public or community utilities.

9.0 County reserves the right to inspect the work site, equipment, and personnel, and to verify quantities and review operations in the manner and at any and all time or times, and as frequently as it may desire.

10.0 All work shall be conducted in safe, expeditious manner and in accord with OSHA rules.

11.0 Load tickets will be used for recording the cubic yard volume of debris removed for disposal. A copy of the Load Ticket form to be used by Contractor shall be furnished or approved by County’s Attorney prior to commencement of any work.

12.0 Load Tickets shall contain at least the following:

12.1 Ticket Number

12.2 Contract Number

12.3 Date

12.4 Contractor’s name

12.5 Truck or Roll-off Number

12.6 Truck’s measured and certified cubic yard capacity

12.7 Point of Debris collection address

12.8 Loading departure time

12.9 Dumpsite arrival time

12.10 Driver’s/Operator’s Name

12.11 Percentage of Loan Capacity Delivered by this load

12.12 Actual Debris Volume

12.13 Debris Eligibility Check of {Yes______No_______}

13.0 A minimum four-part Loan Ticket will be issued by a County Monitor, employed by

County, prior to transport of the debris from the loading site and given to the vehicle operator. Upon arrival at the dumpsite, the vehicle operator will give the entire four-part

Loan Ticket to the County Disposal Site Monitor, employed by County. The Disposal Site

Monitor will verify the hauler and equipment and establish a percent of load capacity for the eligible cubic yardage of the debris load and then calculate the actual cubic yardage of the eligible load to the nearest 1/10 of a cubic yard, documenting this date on the Load Ticket.

One copy of the Load Ticket will be given to the vehicle operator, one to the Contractor, one to FEMA, and the original kept by the County. The Load Tickets will be submitted with the

Daily Report.

14.0 Eligible Debris within the scope of this Contractor is determined by FEMA guidelines and includes, but is not limited to, damaged and disturbed trees, bushes and shrubs, broken and partially broken or severed tree limbs and brush, and other debris obstructing or lying within County property or rights of way. Tree stumps resulting from this disaster and located on County’s property or rights of way shall be removed and hauled under this

Contract. Tree stumps with diameter measuring less than or equal to 24” at a point 2’ from where the tree originally exited the ground {i.e.2’ high as originally standing before the disaster}, shall be considered burnable debris, removable and payable as other burnable debris. Tree stumps larger than 24” in diameter, 2’ high that must be extracted shall be photographed and located by street address and lat/long, removed and paid for in accord with

Hazard stump unit bid. Hazardous limbs shall be photographed and located by street address and lat/long, removed and paid for in accord with Hazardous Hanging limbs unit bid.

15.0 Reconstruction debris and hazardous or toxic wastes shall not be included in the scope of work for this Contract. Contractor shall immediately notify County’s designee of the type and location of all such excluded debris and wastes.

16.0 Contractor shall commence and continue operations on a schedule designated or approved by County’s designee within 24 hours of notice to proceed being issued and thereafter continue from day to day until the work is completed.

17.0 Prior to commencement of work, Contractor shall coordinate with County’s designee a work plan showing where operations will begin and which streets/roads/property will be cleared on a 7 and a 14 day projection. The plan will be updated every Monday and is subject to revision and direction of County’s designee.

18.0 Debris collection, removal and haul operations shall be performed during visible daylight hours only, determined by County’s designee, working _______days/week, including holidays.

19.0 Maximum completion time shall be _________calendar days, unless County’s designee issues additions/deletions to the contract by written change orders. Subsequent completion time changes shall be equitably negotiated by the parties pursuant to applicable law.

20.0 All trucks and equipment must comply with applicable federal/state/local laws, rules and regulations, including, without limitation, DOT, MDOT and safety regulations. Any truck used to haul debris must be mechanically loaded by an appropriately sized front end loader, backhoe or other approved appropriate equipment. The haul truck/trailer must dump hydraulically and be controlled from the cab and capable of rapid load-dumping.

Sideboards or other bed extensions must meet all rules and regulations, cover the front and both sides and be constructed to withstand severe operating conditions. Sideboards are to be

2” X 6” boards or greater and shall not extend than 2 feet above metal bed sides. All extensions are subject to acceptance/rejection by County’s designee. All trailers or dump beds must have a metal-frame exterior and minimum of 5/8” plywood {not wafer board} interior walls. All haul equipment must be equipped with a tailgate that will effectively contain the debris during transport and permit the truck/trailer to be filled to capacity. All haul equipment must be inspected measured and marked for its certified load capacity by

Contractor and approved by County’s designee prior to any use.

21.0 Trucks and other heavy or vehicular equipment designated for use under this Contract shall be equipped with two signs, one attached to each side, furnished by County’s designee to the Contractor. These signs remain the property of County and will be returned to

County at completion of the Contract.

22.0 Prior to commencing contract operations, Contractor shall present to County’s designee all trucks, trailers or other, containers that will be used for debris haul. Each truck , trailer or other container will be measured to determine load capacity, the load certified by

County’s designee, numbered, and shall clearly display the certified load capacity for identification with permanent marking. County’s designee may, at any time or times request remeasurement. Contractor shall notify County’s designee in writing each time a new truck, trailer or container is to be used under this Contract and the foregoing shall be accomplished for the new item. No load or capacity shall exceed 100% of the certified load capacity. Contractor’s personnel shall cooperate with County’s Load Site Monitors to facilitate visual inspection and observation of all loading operations.

23.0 Trucks or other equipment designated for use under this Contract shall not be used for any other work during the working hours of this Contract. Contractor shall not solicit or perform private work from private citizens, businesses or others to be performed in the designated work area during the term of this Contract. Under no circumstances may

Contractor mix debris hauled for others with Eligible Debris hauled under this Contract.

24.0 Loading equipment used under this Contract shall be rubber tired and sized properly to fit loading conditions. Excessive size loading equipment {6 cubic yards or larger} and non-rubber tired equipment must be submitted to County’s designee for acceptance/rejection.

25.0 Contractor shall construct an inspection tower at each disposal site using pressure treated wood. Floor elevation of the tower shall be 10 feet above existing ground elevation.

Floor area of the tower shall be 8’ X 8’, constructed of 2” X 8” joists, 16” O.C. with ¾ plywood supported by four 6” X 6” treated posts. Perimeter of the floor area shall be protected by a 4’ high wall constructed of 2” X 4” studs and ½ “ plywood with a 360 degree viewing area. The floor area shall be covered with corrugated tin roof providing a minimum

7’ head room below the support beams. Access shall be provided by wooden steps with secure hand rails. The Tower must meet approval of County’s designee and configured to provide visual access down into the load haul beds of all debris haul trucks, trailers or other containers. A scissor lift may be used in stead of wood towers. Lift must be in good working condition at all times and must have a roof to be weather proof. ( tarp or large umbrella ). All incoming loaded and outgoing unloaded trucks and other load or haul equipment shall enter by the designated incoming side of the Tower and exit by the designated outgoing side of the tower for inspection by County’s Disposal Site Monitor, thereby requiring two passes by the Tower and shall remain in position for inspection until released by County’s Monitor.

26.0 Contractor shall submit to County’s designee during each day of the term of this

Contract a written, signed Daily Report, under penalty of perjury, containing at least the following:

26.1 Contractor’s Name

26.2 Contract Number

26.3 Crew List

26.4 Location of Work

26.5 Date Covered by Report

26.7 Cumulative Totals of Eligible Debris Removed, by category

26.8 Supporting Load Tickets

27.0 Discrepancies between the Daily Report and the corresponding Load Tickets will be reconciled no later than the following day by Contractor to satisfaction of County’s designee.

28.0 Contractor shall carefully and with sufficient supervisory personnel supervise, guide and direct the work, using skillful and knowledgeable labor and proper equipment for all tasks. Safety of Contractor’s employees, personnel, and equipment is the responsibility of

Contractor, as is any provision of care, insurances or workers compensation for

Contractor’s employees, personnel and equipment. Contractor shall provide and pay for all materials, equipment, fuels, personnel, insurances, taxes, and fees necessary or appropriate to performance under this Contract.

29.0 Contractor, Contractor’s equipment and vehicles, and Contractor’s personnel and employees shall be and remain, throughout this Contract, duly licensed and insured to perform in accord with appropriate federal, state and local requirements.

30.0 Contractor shall take appropriate corrective action in response to any notices issued or violations resulting from Contractor’s or any subcontractor’s personnel or employee’s actions operations during performance of this Contract. Correction shall be at no cost to

County.

31.0 Contractor shall provide adequate control of pedestrian and vehicular traffic in and adjacent to the work area, including, but not limited to, flag persons, signage, equipment and other devices necessary to meet federal/state/local requirements or appropriate to ensure safety of all concerned under the circumstances existing at the scene of and in proximity to the work area. Such traffic control and equipment shall be in addition to personnel and equipment required in other parts of this Contract but shall be included in the Contract price at no additional charge. At minimum, one flag person shall be posted at each approach to any work, load and unload area. Work shall be accomplished in safe manner in accord with

OSHA standards.

32.0 County’s designee shall obtain all applicable environmental and regulatory permits prior to commencement of operations and Contractor shall provide County’s designee with all requested information about Contractor’s operations, equipment and personnel as needed by County’s designee in securing or maintaining such permits.

33.0 The method of final disposal of Eligible Debris will be determined by County’s designee and Eligible Debris shall be sited by Contractor as directed by County’s designee in order to facilitate chipping, burning or other disposal as determined by County’s designed.

34.0 Measurement of all compensable debris shall be by the delivered cubic yard of Eligible

Debris delivered to the designated disposal site at the location determined by County’s designee, supported and documented by an approved Load Ticket.

35.0 Prior to execution and insurance of the Contract, Contractor shall furnish County’s designee all applicable Certificates of Insurance, policies or certified copies of policies of insurance, including all endorsements, issued by companies qualified to do business in

Mississippi or counter-signed by Mississippi agents. In addition, Contractor shall provide within 1 week of Contract Award payment and performance bonds in amount of at least

$1,000.000 each, payable to County. Contractor must be financially able-and shall demonstrate such ability to satisfaction of County- to cover all costs and expenses associated with mobilization for and going forward with a major disaster recovery operation such as is contemplated by the Contract, prior to initial payment and between subsequent payments, as well as the required bonds and insurance coverages.

36.0 Payment for work completed may be invoiced by Contractor no more often than a biweekly basis. Invoices shall be based on verified quantities from daily operational reports and shall not be due or payable until approved by County’s designee and submitted to and approved by County’s Board.

37.0 All interim payments owing Contractor, when finally approved by the Board, shall be subject to a 5 % retainage which will be retained by County until ninety {90} days following final completion and approval of all work under the Contract to allow inspection of the work, assurance of proper Contract completion and discovery of damage to public or private property.

38.0 Contractor understands County will be unable to pay the cost of this Contract absent

FEMA and MEMA approval; accordingly, Contractor represents Contractor and

Contractor’s key personnel who shall be assign to ensure proper implementation and performance of this Contract are well familiar with and shall promptly and fully comply with all applicable FEMA, MEMA and other applicable laws, rules and regulations.

39.0 County reserves the right to issue other contracts for the work or direct other contractors to work within the area of included in this Contract, if deemed necessary by the

Board for prompt and adequate completion of the work in timely and efficient manner.

40.0 The MEMA “Debris Management- Summary”, the ‘Public Assistance Program Debris

Removal Fact Sheet for Local Governments”, the “Debris Contract Information for

Applicants”, the “Department of Environmental Quality Natural Disaster Response” document the “Class I Rubbish Disposal Sites, the “FEMA Truck Measurement Form”, the

“Daily Haul Record” form, the “Proposal to Furnish” form, the “Vehicles & Equipment

List” form, the “Personnel List” form, the “list of County-Designated Disposal Sites”, and the “List of County Property” attached hereto are incorporated herein and fully made part of this Contract, and each Bidder, by the filing of a proposal, acknowledges receipt of and assures compliance with all of same.

THE FOREGOING SHALL BE CONSIDERED MINIMUM SPEFCIFICATIONS AND

ALL BIDDRERS SHALL STATE THE NAME, MAKE, YEAR, MODEL AND

CONFIGURATION OF THE EQUIPMENT TO BE FURNISHED, THE NAME

RESIDENCE ADDRESS AND QUALIFICATIONS OF THE PERSONNEL TO BE

UTILIZED, THE NAME, RESIDENCE ADDRESS, QUALIFICATIONS AND PAST

STORM CLEANUP EXPERIENCE OF ALL ON THE GROUND SUPERVISORY

PERSONNEL WHO THE BIDDER SHALL USE TO OVERSEE THIS PROJECT, THE

METHODS OF COLLECTION AND REMOVAL TO BE IMPLEMENTED AND SHALL

CLEARLY POINT OUT IN THEIR BID DOCUMENTS WHERE EACH ITEM OF THE

RESPECTIVE BIDDERS’S EQUIPMENT, PERSONNEL AND SERVICES EXCEEDS

OR OTHERWISE DIFFERS FROM THE FOREGOING MINIMUM SPECIFICATIONS.

IT IS THE INTENTION OF THE BOARD OF SUPERVISORS TO ALLOW

ENCOURAGE AND FOSTER COMPETITIVE BIDDING AND, TO THAT END,

EQUIPMENT, PERSONNEL AND SERVICES COMPARABLE TO THE FOREGOING

MINIMUM SPECIFICATIONS SHALL BE CONSIDERED SO LONG AS THE

EQUIPMENT, PERSONNEL AND SERVICES BID ARE EQUAL TO OR EXCEED THE

STATED SPECIFICATIONS.

STATE OF MISSISSIPPI

COUNTY OF STONE

DEBRIS COLLECTION AND DISPOSAL CONTRACT

This agreement made the_________day of __________, 2024, between Stone

County, Mississippi, by and through it’s duly constituted Board of Supervisors, c/o

Chancery Clerk’s Office, Stone County Courthouse, Wiggins, Mississippi 39577

(“County”), and

CONTRACTOR’S NAME:_________________________________________________

CONTRACTOR’S CONTRACT PERSON:____________________________________

CONTRACTOR’S MAIL ADDRESS_________________________________________

CONTRACTOR’S STREET ADDRESS_______________________________________

CITY:___________________________, STATE:___________:ZIP_________________

CONTRACTOR’S TELEPHONE NUMBER(S)_________________________________

(“Contractor”)

Witnesseth, that County and Contractor, in consideration of the mutual covenants

Hereinafter set forth, agree as follows:

SECTION ONE

DESCRIPTION OF WORK

Contractor will perform all work as shown in the contract documents for the

Completion of the project (“Project”) generally described as:

Emergency Debris Collection and Disposal Contract, including all appropriate personnel, equipment, fuels, insurances, permits, transportation and services to expeditiously and safely collect and remove to and disposal at county-approved site(s) (subject) to guide-lines, regulations, approval and direction of all involved federal, state and local governments including, but not limited to, FEMA, EPA, ACE, MEMA, DEQ, and the Board), all debris resulting from the event from the county road rights of way and other county property, in order to restore and to maintain appropriate traffic flow and the safety and structural integrity of the county roads and bridges, and open access to public roads, health, education, emergency and other facilities and services accessed by or available to the public at large, on and in the entirety of Stone County lying outside the City of Wiggins, but not including the part of Stone County lying inside the

City of Wiggins which is governed by the Mayor and Board of Aldermen and alderwomen of the

City of Wiggins and is subject to Contract(s) issued by such Mayor and Board.

SECTION TWO

CONTRACT TIME AND PROVISION FOR DEFAULT

The work shall be continued on a daily basis throughout and completed within

( ___ ) calendar days upon and under direction of the County’s Monitoring Designee, and Contractor shall perform all work in good, timely, workmanlike fashion, time being of the essence. Should Contractor fail promptly to commence and complete the work within the contract time, or any extension of time as County, in its discretion, may allow in writing, or any extension of time necessitated by delay caused by Act of God, or act of

County, County may declare the job in default. Further, the parties shall be entitled to all administrative, legal and equitable remedies to enforce their respective rights hereunder, upon breach; of this contract by the other party which breach is not remedied within five

(5) days after notice thereof.

SECTION THREE

CONTRACT PRICE

County will pay Contractor for performance of the work and completion of the project in accordance with the bid unit prices, upon receipt and approval of biweekly invoices, less five (5%) retainage which shall be retained by County pending final completion of the work, settlement of all claims, and approval of this Project by the Board.

Payments toward said total contract price for biweekly completion of the work, upon written certification on county form and biweekly invoice by Contractor, written approval of such completion by the said County Designee and written certification as to completion of work, payment of laborers, materialmen and subcontractors is form acceptable to County’s attorney, shall be allowed upon approval of the Board.

However, County shall have the right, in County’s sole discretion, to terminate or otherwise as may meet the needs of County in complying with applicable laws, rules and regulations and within its available funding for this project, or upon County determining it best to secure the work by other means.

SECTION FOUR

INDEMNITY OF COUNTY AGAINST LIABILITY

Contractor shall indemnify County against any and all loss, claims, or suits

(including) cost and attorney’s fees) for or on account of injury to or death of persons, damage to or destruction of property belonging to either County or others (Contractor) hereby agreeing to repair or replace such property if requested so to do by County or required by the contract documents), and nonpayment of labor and materials, taxes, licenses, assessments, contributions, damages, penalties and interest thereon, occurring by reason of the act or neglect of Contractor, Contractor’s employees, or agents

(including subcontractors) in connection with the performance of this contract. Further, Contractor will permit no liens to be filed against County or County’s property.

SECTION FIVE

CONTRACT DOCUMENTS

The contract documents which comprise the contracts between County and

Contractor are attached hereto and made a part hereof and consist of the following:

a. This agreement (Pages 1 to 7, inclusive):

b. Contractor’s Proposal to Furnish

c. Notice of Request for Proposals

d. Proposal Requirements

e. Scope of Work

SECTION SIX

MISCELLANEOUS

Contractor is responsible for obtaining, maintaining and paying for any necessary permits and shall provide County with a copy of all same.

Contractor shall not, without the prior written consent of the County, assign or sublet in whole or in part its interest under any of contract documents, and specifically Contractor shall not assign any moneys due or to become due with the prior written consent of the County.

Contractor is familiar with and shall comply with any federal, state and local laws, rules an regulations which may govern this work, including but not necessarily limited to any of the following which may apply to this contract: FEMA Regulations for Public Assistance Debris

Management Program, FEMA 322 FEMA 325, MEMA Regulations, DOT Regulations, MDOT

Regulations, Mississippi State Aid Division Regulations, US EPA Regulations, Mississippi DEQ

Regulations, Executive Order 11246 entitled Equal Employment Opportunity as amended by

Executive Order 11375 and as supplemented in Department of Labor Regulations (41 C.F.R. Part

5); and all laws, rules and regulations, if any, imposed or required by virtue of Davis-Bacon Act

(20 C.F.R. Part 5) or by the Stone County Board of Supervisors, which provides funding for this project.

County and Contractor each binds itself, it’s partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents

Contractor shall maintain all records requisite or helpful in ascertaining compliance with applicable laws, standards and this Contract, for five years after final settlement and payment under this Contract and all other pending matters are closed.

This contract constitutes the entire agreement between County and Contractor and may be altered, amended or repealed only by a subsequent duly executed written instrument.

This document may be executed in multiple originals, each of which shall be treated as an original but all of which shall constitute but one and the same document.

IN WITNESS WHEREOF, the parties have executed this agreement as at Wiggins, Stone County Mississippi, the day and year first above written.

CONTRACTOR____________________________

BY_______________________________________

TITLE

(COUNTY SEAL) STONE COUNTY, MISSISSIPPI

ATTEST BY______________________________________

President, Board of Supervisors

Clerk, Board of Supervisors

ATTACHMENTS:

Contractor’s Proposal to Furnish

Notice of Request for Proposals

Proposal Requirements

Scope of Work