15-Specifications and Requirements FEMA DCRS 06.12.2026.pdf

SPECIFICATIONS AND REQUIREMENTS

FEMA DISASTER DEBRIS CLEARING AND REMOVAL SERVICES DDCR

The County shall obtain from the awarded primary vendor (“Contractor”), and Contractor shall furnish, all the County’s actual, good faith requirements for the goods and/or services described in this Solicitation. The County makes no representation or guarantee as to the quantity of goods and/or services to be ordered. The County’s determination of requirements for the goods and/or services shall be made in good faith.

Notwithstanding the foregoing, the County may at any time perform the contracted work itself with no obligation to Contractor.

In addition, notwithstanding the foregoing, the County may obtain contracted goods or services from other sources, including Secondary Vendors (as defined below), under the following circumstances:

(1) Contractor Non-Performance / Inability to Perform. Contractor fails to respond timely, mobilize, or perform in accordance with required timeframes, or otherwise demonstrates evidence of intent not to perform or inability to perform.

or

(2) Unavailability / Legal Requirement. The County determines, in its reasonable discretion, that the required goods or services are not available from Contractor, or procurement from another source is required by applicable law.

Use of other contractors or third-party sources shall be limited to the extent reasonably necessary to address the applicable circumstance.

The solicitation expressly provides that one or more additional responsive and responsible bidders will be awarded, in order of low bid ranking after the primary Contractor, as secondary vendors (“Secondary Vendors”). Under such circumstances, the Secondary Vendor(s) shall provide the requested goods and/or services at the same pricing, rates, discounts, and material terms and conditions set forth in its response to the Solicitation, unless otherwise expressly approved in writing by the County, and the Secondary Vendor shall be bound by, and shall perform in accordance with, all applicable terms and conditions of this Solicitation with respect to the portion of work assigned.

1. DEFINITIONS AND ABBREVIATIONS

Refer to the Broward County Procurement Code for additional definitions.

1.1. Broward Municipal Services District: The unincorporated area of Broward County.

1.2. Construction and Demolition Debris (C&D): Damaged components of buildings and structures such as lumber and wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting and floor coverings, window coverings, pipe, concrete, fully cured asphalt, equipment, furnishings, and fixtures. This is considered Other Debris.

1.3. Contract Administrator: the ranking managerial employee of the Broward County Solid Waste and Recycling Services (SWRS), or an employee expressly designated by the

Department Director. The Contract Administrator has the responsibility to ensure that the provisions of each contract are complied with by both the COUNTY and the CONTRACTOR. In the administration of this Contract, in contrast with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator;

provided, however, that such instructions and determinations do not change the scope of services or pricing.

1.4. CONTRACTOR: Any person having a contract with the Board of County Commissioners.

1.5. COUNTY or Owner: Broward County, a political subdivision of the State of Florida.

1.6. Debris: Items and materials broken, destroyed, or displaced by a declared, natural or human made disaster.

1.7. Debris Monitor: COUNTY’s staff or its debris monitoring contractor designated by the Contract Administrator to monitor, inspect, and keep records of the debris clearing and removal operations.

1.8. Electronic Waste (E-waste): Discarded, damaged, obsolete or broken electronic devices including, but not limited to, computers, monitors, televisions, fax machines and photocopiers. This is considered a type of Special Debris.

1.9. Eligible Debris: Debris qualifying for emergency funding under the standards promulgated by FEMA.

1.10. FEMA: Federal Emergency Management Agency.

1.11. Hangers (Hazardous Hanging Limbs): Limb(s) that poses significant threat to the public such that it is located on improved public property, is greater than two inches in diameter at the point of breakage and is still hanging in a tree and threatening a public-use area.

Regarding this Contract, once the hangers have been removed from a tree, the resulting debris shall be cut into small enough size to allow for the efficient loading and hauling of the debris without the need for special equipment. The tree debris shall then be placed at the safest possible location on the adjacent right-of-way awaiting the loading and hauling phase as Vegetative Debris.

1.12. Hazardous Stump: An uprooted tree stump on public property that is at least 24 inches in diameter (measured from 24 inches above the ground) and must be removed for safety reasons. Removal of a hazardous stump and backfilling of the void space must be authorized in advance by COUNTY or its Debris Monitor.

1.13. Household Hazardous Waste (HHW): Used or leftover contents of consumer products that contain chemicals defined in regulatory terms under the Federal Resource Conservation and Recovery Act (RCRA). This is considered a type of Special Debris.

1.14. Infectious Waste: Waste capable of causing infections in humans, including contaminated animal waste, human blood and blood products, medical waste, pathological waste, and discarded sharps (needles, scalpels, or broken medical instruments). This is considered a type of Special Debris.

1.15. Leaners (Hazardous Leaning Tree): tree(s) considered hazardous if its condition was caused by a disaster; is an immediate threat to lives, public health and safety, or improved property; it has a diameter breast height of six inches or greater; and one or more of the following criteria are met: the tree has more than 50 percent of the crown damaged or destroyed; the tree has a split trunk or broken branches that expose the heartwood; the tree has fallen or been uprooted within a public use area; and/or the tree is leaning at an angle greater than 30 degrees. Regarding this contract, once the tree (leaner) has been removed, the resulting debris shall be cut into small enough size to allow for the efficient loading and hauling of the debris (without the need for special equipment). The tree debris shall then be placed at the safest possible location on the adjacent right-of-way awaiting the loading and hauling phase (as Vegetative Debris).

1.16. Notice to Proceed: A written notice to CONTRACTOR from the Contract Administrator establishing the date on which operations outlined will commence, the scope of work, and a not-to-exceed amount. If CONTRACTOR continues working after reaching the not-to-exceed amount, it will proceed at its own risk. A Purchase Order can serve as a Notice to Proceed as long as it contains language informing the CONTRACTOR that it proceeds at its own risk if it continues working after reaching the not-to-exceed amount.

1.17. Other Debris: Eligible debris, which is not exclusively vegetative debris, and may contain some vegetative debris; some construction and demolition debris; and other types of eligible debris but exclude Special Debris. This definition excludes garbage (household food waste), sand, soil, mud, and/or sediment.

1.18. Purchase Order: A release and encumbrance document to authorize an agency to order any predetermined amount from an open-ended contract on an as-needed basis.

1.19. Subcontractor: A person, firm or corporation having a direct contract with CONTRACTOR including one who furnishes material worked on a special design according to the Contract Documents but does not include one who merely furnishes materials not so worked. Any subcontractors under this Contract shall follow the same standards as the CONTRACTOR.

1.20. Special Debris: Debris consisting of White Goods, Electronic Waste, Household Hazardous Waste, Animal Carcasses, Vehicles, Vessels, Trailers (associated with Vessels), and Infectious Waste.

1.21. Temporary Debris Management Site (TDMS): A Florida Department of Environmental Protection and COUNTY authorized site where debris is stored, reduced, burned, grinded, or sorted. Debris resides at the site for a relatively short period of time prior to final disposal during the debris management process. The CONTRACTOR will not be permitted to temporarily store any debris, materials or equipment at this site.

1.22. Vegetative Debris: Eligible debris comprised of whole trees, tree stumps smaller than 24 inches in diameter (measured from 24 inches above the ground), tree branches, tree trunks, and other leafy material.

1.23. White Goods: Discarded household appliances such as refrigerators, freezers, air conditioners, heat pumps, ovens, ranges, washing machines, clothes dryers, and water heaters. This is considered a type of Special Debris.

1.24. Work: The services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by CONTRACTOR to fulfill CONTRACTOR's obligations. The Work may constitute the whole or a part of the Project.

2. CONTRACT SUMMARY

2.1. Unit prices include all costs for labor, equipment, fuel/power, vehicles, maintenance of traffic, mobilization, demobilization, billing, insurance, staging areas, travel time, per diem, incidentals, overhead and profit. Recycling costs and savings should be incorporated into the unit prices.

2.2. CONTRACTOR shall provide cost-effective and efficient legal clearing and removal of eligible debris on public streets, roads, improved public property, and other rights-of-way within Broward County, in accordance with Federal, State and other regulatory requirements. CONTRACTOR shall load and haul the debris from within the legal boundaries of Broward County to a site(s) specified by COUNTY. Special Debris shall be handled in accordance with the Contract requirements.

2.3. The work under the Contract shall conform to the methods and operations of best standards and accepted practices of the trades involved and shall be consistent with FEMA requirements applicable to the disaster event (event). COUNTY may withhold issuing work to CONTRACTOR if it is debarred, suspended, ineligible or excluded from participation in federally funded or assisted projects pursuant to 2 CFR §200.326 Appendix II to Part 200 (H). Prior to issuance of work, SWRS will confirm that the CONTRACTOR is eligible for federal funding.

2.4. CONTRACTOR shall fully cooperate with COUNTY’s Debris Monitor.

2.5. COUNTY reserves the right to perform these services itself.

2.6. COUNTY reserves the right to approve all subcontractors hired by CONTRACTOR.

2.7. CONTRACTOR is responsible for transporting the necessary equipment to the job locations at no expense to COUNTY, without delay and within the required response time, causing no delay in services.

2.8. The work involves services to occur in anticipation of, and after, the declaration of a disaster. Declared disaster events (events) include declaration of a Local State of Emergency issued by the County; Executive Order or proclamation of a state of emergency by the Governor; or a Declaration of Disaster by the President. Actions shall only be implemented by CONTRACTOR with the prior written approval (Notice to Proceed or purchase order) of COUNTY.

2.9. Tasks are broken into 5 categories: Road Clearing/Cut and Toss Operations (First Push) (Groups 2 and 3); Debris Removal from Canal Rights-of-Way (Group 1); Removal of Debris within Broward Municipal Services District (Group 1); Removal of Debris from County Roadways and Improved Public Property (Group 1); and Removal and Final Disposal of Special Debris (Group 1).

2.10. Road Clearing/Cut and Toss Operations (First Push)

2.10.1. As directed by the COUNTY, CONTRACTOR shall accomplish the cutting, tossing and/or pushing of debris, hanging limbs, or leaning trees off roadways within Broward County, as identified by and directed by COUNTY, to make the roadways passable for vehicular traffic.

2.10.2. The Road Clearing/Cut and Toss Operations is limited to the first 70 hours (or a reasonable period as defined by FEMA) of required work following the issuance of a purchase order or Notice to Proceed, unless notified otherwise by COUNTY.

2.10.3. When clearing debris from roadways, all debris shall be pushed outside of the vehicle travel lanes, along the edge of pavement or on the shoulder of the road.

2.10.4. The hourly equipment rates (Group 3) include all required attachments and costs for ownership and operation of equipment, including, but not limited to, depreciation, overhead, maintenance, delivery, field repairs, fuel/power, lubricants, tires, OSHA equipment, labor costs of operator including per diem, travel, and other costs incidental to operation.

2.10.5. Hourly labor rates (Group 2) include all labor, equipment costs, travel time, per diem, overhead, profit and fully operational equipment.

2.10.6. Hourly rates shall start upon commencement of work and terminate upon completion of work. Standby equipment is not eligible for reimbursement.

2.10.7. Hourly rates are pro-rated into quarter hours at time of billing. For example, 1 to 15 minutes is equal to a quarter hour, and 16 to 30 minutes is equal to half an hour. All hours are to be verified by the COUNTY or by its Debris Monitor.

2.10.8. Payment for Road Clearing/Cut and Toss services will be on an hourly basis at the hourly equipment/labor rates provided on the Item Response Form.

CONTRACTOR will not be paid for labor and/or equipment not included in the Item Response Form. CONTRACTOR shall be paid for services provided based upon receipt and acceptance of full documentation of the performance of services and accurate invoices as specified by COUNTY.

2.10.9. Equipment must be in operation and perform eligible work for payment to be made.

Standby equipment costs are not eligible for payment; equipment must be in use for eligible work.

2.11. Debris Removal from Canal Rights-of-Way

2.11.1. As directed by COUNTY, CONTRACTOR shall remove, load and haul all eligible debris, including Vegetative Debris, Other Debris, and Special Debris from public canal rights-of-way within Broward County to an approved and certified TDMS, as specified by the COUNTY, or other disposal destination, as specified by COUNTY.

Special Debris shall be handled in accordance with the Contract requirements.

When hauling debris to a TDMS, the CONTRACTOR shall haul the debris using the most direct route to the TDMS location.

2.11.2. As part of this work, and included in the unit prices, CONTRACTOR shall restore, re-grade, and/or re-seed the canal banks and slopes affected by the work, as directed by COUNTY.

2.11.3. This task shall address hauling only the debris which has been accumulated on the banks of canals. CONTRACTOR shall not be responsible for removal of debris from within the canal itself.

2.12. Removal of Debris within Broward Municipal Services District

2.12.1. As directed by COUNTY, CONTRACTOR shall remove eligible debris; including Vegetative Debris, Other Debris, and Special Debris; from public road right-of- way within the Broward Municipal Services District. This shall include tree debris (including hangers, leaners and stumps) within or impeding the public road right-of-way. For hangers and leaners, work shall consist of removing hazardous trees or limbs (in accordance with FEMA eligibility requirements), cutting the removed tree sections into a small enough size to allow for the efficient loading and hauling of the debris (without the need for special equipment), and placing the tree debris at the safest possible location on the adjacent right-of-way awaiting the loading and hauling phase (as Vegetative Debris). In accordance with FEMA eligibility requirements, stumps within the public right-of-way deemed by COUNTY to be hazardous to public safety shall be extracted by the CONTRACTOR. Extracted stumps shall be loaded and hauled to an approved TDMS (and not be placed in the right-of-way). Where stumps have been extracted, CONTRACTOR shall backfill the void to grade level with similar soil material.

2.12.2. CONTRACTOR shall load and haul all eligible debris to a TDMS or other disposal destination, as directed by COUNTY. Special Debris shall be handled in accordance with paragraph 2.14. When hauling debris to an approved TDMS, the CONTRACTOR shall haul the debris using the most direct route to the TDMS location.

2.13. Removal of Debris from County Roadways and Improved Public Property

2.13.1. As directed by COUNTY, CONTRACTOR shall remove eligible debris; including Vegetative Debris, Other Debris and Special Debris; from public road rights-of-way on Broward County roads and improve public property. This shall include tree debris (including hangers, leaners and stumps) within or impeding the public road right-of-way. For hangers and leaners, work shall consist of removing hazardous trees or limbs (in accordance with FEMA eligibility requirements), cutting the removed tree sections into a small enough size to allow for the efficient loading and hauling of the debris (without the need for special equipment), and placing the tree debris at the safest possible location on the adjacent right-of-way awaiting the loading and hauling phase (as Vegetative Debris). In accordance with FEMA eligibility requirements, stumps within the public right-of-way deemed by COUNTY to be hazardous to public safety shall be extracted by the CONTRACTOR. Extracted stumps shall be loaded and hauled to an approved TDMS (and not be placed in the right-of-way). Where stumps have been extracted, CONTRACTOR shall backfill the void to grade level with similar soil material.

2.13.2. CONTRACTOR shall load and haul all eligible debris to a TDMS or other disposal destination. Special Debris shall be handled in accordance with the Contract requirements. When hauling debris to a TDMS, the CONTRACTOR shall haul the debris using the most direct route to the TDMS location.

2.14. Removal and Final Disposal of Special Debris

2.14.1 The following types of debris, together designated as “Special Debris”, when encountered in the above tasks (excluding First Push), shall be segregated, by category, from Vegetative Debris and Other Debris prior to any loading and hauling activity:

2.14.1.1. White Goods

2.14.1.2. Electronic Waste (E-waste)

2.14.1.3. Household Hazardous Waste (HHW)

2.14.1.4. Animal Carcasses

2.14.1.5. Vehicles

2.14.1.6. Vessels

2.14.1.7. Trailers (associated with Vessels)

2.14.1.8. Infectious Waste

2.14.2 CONTRACTOR shall remove, haul and dispose of, at final disposal sites determined by the CONTRACTOR, all Special Debris limited to White Goods, Electronic Waste, Household Hazardous Waste (HHW), Animal Carcasses, Vehicles, Vessels, Trailers (associated with Vessels), and Infectious Waste encountered in accordance with the unit prices awarded.

2.14.3 Unit prices shall include costs of hauling and any tipping or final disposal charges.

2.14.4 CONTRACTOR shall follow local ordinances and State law as it relates securing ownership before disposing Vehicles and Vessels.

2.14.5 CONTRACTOR shall adhere to all regulatory requirements as it relates to Freon recovery/disposal from White Goods.

2.14.6 No Special Debris shall be delivered to a TDMS.

2.14.7 Special Debris shall be handled and disposed of in accordance with all local, State, and Federal regulations and requirements.

2.15. Designation and Management of Staging Areas

2.15.1. CONTRACTOR shall identify and provide staging areas for approval by COUNTY for the purposes of truck/equipment certification, provision of temporary fueling, or vehicle and equipment maintenance and other operational service functions related to debris removal efforts, all at no additional cost to COUNTY.

2.15.2. CONTRACTOR shall provide temporary tent, sanitary and other appropriate conveniences necessary for the care, safety and well-being of all CONTRACTOR and subcontractor personnel. These costs shall be included in the CONTRACTOR’s unit prices.

2.15.3. CONTRACTOR shall submit to COUNTY, and COUNTY shall review expeditiously each proposed staging area in terms of location, size, layout and services to be provided. COUNTY shall not unreasonably withhold approval of such staging areas.

Staging areas should not be in residential neighborhoods, next to hospitals/emergency treatment centers or on sensitive lands such as wetlands.

CONTRACTOR shall provide deeds or lease/rental agreements of the sites to COUNTY, documenting its legal right to use the properties for the intended purposes.

2.15.4. CONTRACTOR shall ensure that each approved staging area is managed in accordance with all applicable regulatory requirements and in a manner to minimize disruption to the surrounding neighborhood and businesses.

2.15.5. CONTRACTOR shall be responsible for any regulatory compliance violations and/or fines, acquisition of any applicable environmental and regulatory licenses and permits, and any costs related to the extinguishing of fires resulting from the mismanagement of debris.

2.16. CONTRACTOR Response and Performance

If Contractor fails to respond to a request for services or fails to mobilize within the time required by the County, the County may immediately assign such work to other contractors, or self-perform the work, without liability to the Contractor. Such action by the County shall not constitute a breach of this Contract.

In addition, notwithstanding the foregoing, the County may obtain contracted goods or services from other sources, including Secondary Vendors (as defined below), under the following circumstances:

(1) Contractor Non-Performance / Inability to Perform. Contractor fails to respond timely, mobilize, or perform in accordance with required timeframes, or otherwise demonstrates evidence of intent not to perform or inability to perform; or

(2) Unavailability / Legal Requirement. The County determines, in its reasonable discretion, that the required goods or services are not available from Contractor, or procurement from another source is required by applicable law.

(3) Use of other contractors or third-party sources shall be limited to the extent reasonably necessary to address the applicable circumstance.

2.16.1. The disaster debris clearing, hauling and removal process must be immediate, rapid, and efficient with acceptable cost controls, accountability procedures, written reports and submittals to assure that COUNTY shall have the means to be reimbursed for all eligible disaster recovery costs from appropriate Federal and State agencies.

2.16.2. CONTRACTOR shall be responsible for tracking all Contract costs and adhering to the not-to- exceed limit included in the purchase order or Notice to Proceed. Proper notification must be provided to COUNTY as costs approach the not-to-exceed limit.

2.16.3. Continued failure of the CONTRACTOR to adhere to the Contract shall be caused to terminate the Contract in accordance with the General Conditions.

2.16.4. No adjustment to prices will be considered during the life of the Contract.

2.17. Operations and Safety Plan

2.17.1. Within 30 calendar days of the Contract award, CONTRACTOR shall prepare and submit an Operations and Safety Plan for approval by the Contract Administrator or designee.

2.17.2. CONTRACTOR shall submit to the COUNTY an updated Operations and Safety Plan prior to May 1 of each year in which this Contract is in effect.

2.17.3. The Operations and Safety Plan shall include, at a minimum, the following:

2.17.3.1. Lines of communications with COUNTY.

2.17.3.2. Quality assurance and quality control procedures.

2.17.3.3. Field supervision and controls.

2.17.3.4. Documentation of response to and corrective action for property damage.

2.17.3.5. Equipment and operations safety procedures.

2.17.3.6. Maintenance of traffic and traffic control procedures.

2.17.3.7. Training for compliance with FEMA requirements, including subcontractors.

2.17.3.8. Fuel supply procedures.

2.17.4. Procedures for management of Special Debris. For each type of Special Debris, CONTRACTOR must ensure that it has the experience to manage and dispose of such waste or shall use a subcontractor that specializes in the management and disposal of such materials and waste, if directed to do so by COUNTY.

2.17.5. CONTRACTOR is responsible for securing the work site, staging areas and all tools and equipment during the project. The COUNTY shall not be responsible for any losses due to theft or other unknown circumstances.

3. PERFORMANCE OF SERVICES

3.1. Description of Service

3.1.1. CONTRACTOR agrees to perform all services in a professional and skillful manner and in compliance with all applicable laws, ordinances, rules, regulations, and permits. Only the highest quality work will be acceptable.

3.1.2. Services, equipment and work not conforming to the intent of this Contract and/or meeting the approval of COUNTY may be rejected.

3.1.3. Rework, as required, shall be accomplished on a timely basis and at no additional cost to COUNTY.

3.1.4. While work is in progress, CONTRACTOR shall communicate with the Contract Administrator or designee to report locations where work is being performed; report status of work; make a projection of the next day’s work; request guidance on problems, additional instructions, etc.; receive special instructions; and report on Maintenance of Traffic.

3.1.5. The COUNTY may issue a stop work order telephonically at any time.

CONTRACTOR has one hour to cease work of its crew, and no further work will be paid beyond the one-hour notice. Daily reports on terminated jobs should include the date and time work was performed and why the stop work order was issued.

3.1.6. The CONTRACTOR shall proceed to complete work listed on the purchase order, working continuously, without interruption except for disposing, breakdown, required breaks and/or adverse weather conditions.

3.1.7. The County shall obtain from the awarded primary vendor (“Contractor”), and Contractor shall furnish, all the County’s actual, good faith requirements for the goods and/or services described in this Solicitation. The County makes no representation or guarantee as to the quantity of goods and/or services to be ordered. The County’s determination of requirements for the goods and/or services shall be made in good faith.

Notwithstanding the foregoing, the County may at any time perform the contracted work itself with no obligation to Contractor.

In addition, notwithstanding the foregoing, the County may obtain contracted goods or services from other sources, including Secondary Vendors (as defined below), under the following circumstances:

(1) Contractor Non-Performance / Inability to Perform. Contractor fails to respond timely, mobilize, or perform in accordance with required timeframes, or otherwise demonstrates evidence of intent not to perform or inability to perform; or

(2) Unavailability / Legal Requirement. The County determines, in its reasonable discretion, that the required goods or services are not available from Contractor, or procurement from another source is required by applicable law.

Use of other contractors or third-party sources shall be limited to the extent reasonably necessary to address the applicable circumstance.

The solicitation expressly provides that one or more additional responsive and responsible bidders will be awarded, in order of low bid ranking after the primary Contractor, as secondary vendors (“Secondary Vendors”). Under such circumstances, the Secondary Vendor(s) shall provide the requested goods and/or services at the same pricing, rates, discounts, and material terms and conditions set forth in its response to the Solicitation, unless otherwise expressly approved in writing by the County, and the Secondary Vendor shall be bound by, and shall perform in accordance with, all applicable terms and conditions of this Solicitation with respect to the portion of work assigned.

3.2 Cost of Services

3.2.1 CONTRACTOR shall bear all its own operating costs and is responsible for maintenance of its trucks and equipment to keep such property in a condition and manner adequate to accomplish contracted services.

3.2.2 Upon receipt and acceptance of full documentation of the performance of services and an accurate invoice as specified by COUNTY, the CONTRACTOR shall be reimbursed at the unit prices awarded. Refer to Section 7 for payment and invoicing information.

4. PERFORMANCE STANDARDS

4.1. CONTRACTOR’s Project Manager

4.1.1. CONTRACTOR shall employ and maintain a qualified and responsible Project Manager who shall report to the Contract Administrator or designee.

4.1.2. The Project Manager shall have the authority to implement all actions required to begin the performance of contracted services as set out in this Contract.

4.1.3. CONTRACTOR’S Project Manager must be able to clearly and effectively communicate with the COUNTY both verbally and in writing regarding all activities and/or situations related to this contract. The COUNTY may request the replacement of the Project Manager if these requirements are not met.

4.1.4. All instructions given to the Project Manager by the Contract Administrator or designee shall be as binding as if given to CONTRACTOR.

4.2. Customer Service

4.2.1. CONTRACTOR shall be responsible for planning and conducting all operations in a satisfactory and professional manner.

4.2.2. CONTRACTOR’s personnel shall always conduct themselves in a professional manner. Use of profane language and threatening behavior will not be tolerated. All employees and subcontractors of CONTRACTOR shall be, always, the sole employees of the CONTRACTOR, under their sole direction and not an employee or agent of the COUNTY. The COUNTY may require the CONTRACTOR to remove an employee or subcontractor the COUNTY deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment at work site is not in the best interest of the COUNTY. Removal of such personnel may only be requested by the Contract Administrator or designee.

4.3. Mobilization

4.3.1. When a Notice to Proceed is issued, whether after or in advance of an event, CONTRACTOR shall make all necessary arrangements to mobilize a minimum of 50% of the required resources within 48 hours of notification, and 100% of the required resources within 96 hours of notification to commence and conduct these contracted services.

4.3.2. COUNTY may assign work to another Contractor if the CONTRACTOR fails to mobilize resources on the schedule required by COUNTY.

4.3.3. CONTRACTOR’s unit prices shall include mobilization and demobilization costs, as well as those identified elsewhere in these Specifications and Requirements.

4.3.4. If Contractor fails to respond to a request for services or fails to mobilize within the time required by the County, the County may immediately assign such work to other contractors, or self-perform the work, without liability to the Contractor. Such action by the County shall not constitute a breach of this Contract.

5. GENERAL RESPONSIBILITIES

5.1. Other Contracts or Agreements

COUNTY may be required to enter into contracts or agreements with Federal and/or State agencies for disaster relief. CONTRACTOR shall be bound by the terms and conditions of such contracts or agreements, regardless of the additional burdens of compliance such as additional record keeping or scheduling. COUNTY will provide CONTRACTOR with a copy of any applicable contracts or agreements once available.

5.2. COUNTY’s Obligations

COUNTY shall furnish all information and documents necessary for the commencement of contracted services, including a written purchase order.

5.3. Supervision by CONTRACTOR

5.3.1 CONTRACTOR shall supervise and/or direct all services performed by its employees, agents and subcontractors.

5.3.2 CONTRACTOR is solely responsible for all means, methods, techniques, safety and other procedures necessary to complete the work.

5.3.3 CONTRACTOR shall employ and maintain a qualified supervisor on each work crew.

5.4. Self-sufficiency of CONTRACTOR and its Subcontractors

CONTRACTOR shall ensure that its workforce, including subcontractors, maintain self-sufficiency related to power, fuel, vehicle and equipment repair/maintenance, housing, sanitation, food and related accommodations, in a manner that is consistent with local requirements and regulations and minimizing adverse effects on the community.

5.5. Damages

5.5.1. CONTRACTOR shall be responsible for conducting all operations contemplated by this Contract in such a manner as to cause the minimum damage possible to existing public, private and commercial property and/or infrastructure.

5.5.2. CONTRACTOR shall be responsible for any damages caused by its employees and subcontractors.

5.5.3. CONTRACTOR must report such damage to the Contract Administrator or designee, in writing, within 24 hours of said damage. COUNTY may either bill CONTRACTOR for the damages, withhold funds due to CONTRACTOR, or the CONTRACTOR may also repair all damage to the satisfaction of the COUNTY.

5.6. CONTRACTOR's Duty Regarding Other Contractors

CONTRACTOR acknowledges the presence of other contractors involved in disaster response and recovery activities by the Federal, State and local government and of any private utility, and shall not interfere with their work.

5.7. CONTRACTOR's Ownership of Debris

All debris, once removed by the CONTRACTOR, shall become the property of the CONTRACTOR until transported to, and accepted at and approved TDMS or other disposal destination.

5.8. CONTRACTOR's Disposal of Debris

All eligible debris shall be disposed of in accordance with the Contract requirements.

5.9. CONTRACTOR's Annual Requirement

CONTRACTOR shall provide current insurance certificates and list of contacts prior to May 1 of each year in which this contract is in effect.

5.10. Operation and Certification of Equipment and Vehicles

5.10.1. CONTRACTOR shall operate and maintain all trucks, trailers and other equipment in compliance with all applicable Federal, State and local rules and regulations.

5.10.2. All equipment utilized shall be in good working condition.

5.10.3. All loading equipment shall be operated from the road, street, or right-of-way using buckets and/or boom and grapple devices to collect and load debris.

5.10.4. No equipment shall be allowed behind the curb or outside of the public right-of-way unless otherwise directed by COUNTY. Should operation of equipment be required outside of the public right-of-way, the CONTRACTOR will ensure that a Right of Entry Contract Form has been obtained from the property owner prior to property entry.

5.10.5. All CONTRACTOR and subcontractor trucks and applicable equipment shall have valid registrations, insurance and meet basic operational criteria such as tailgates and/or equivalent containment devices and tarps, as well as meet all applicable motor vehicle safety requirements.

5.10.6. Vehicle and equipment operators shall be properly licensed and certified, as required by applicable local, State and Federal statutes and regulations.

5.10.7. CONTRACTOR shall ensure that all equipment is certified as described below.

After a Notice to Proceed is issued, the COUNTY or its designated representative will begin the equipment certification at a pre-designated site, or at staging areas established by the CONTRACTOR.

5.10.8. Truck body dimensions shall be measured, and information recorded on certification forms with calculated capacity noted. Each truck will receive two placards, which shall be affixed to opposite sides of the truck body. The placards must be consistent with standards issued by the COUNTY. The truck driver will be provided with up to two copies of the certification sheet for the CONTRACTOR and subcontractor’s records.

5.10.9. Except for Special Debris, all loading of debris shall be performed mechanically;

there shall be no loading by hand of debris other than Special Debris (if necessary).

5.11. Multiple, Scheduled Passes

5.11.1. CONTRACTOR shall make scheduled passes and/or unscheduled passes of each area impacted by the event, at the direction of COUNTY.

5.11.2. COUNTY shall direct the interval timing of all passes.

5.11.3. Sufficient time shall be permitted between subsequent passes to accommodate reasonable recovery and additional debris placement in the right-of-way by the residents of Broward County and COUNTY.

5.11.4. CONTRACTOR shall document the completion of all passes based on the direction from COUNTY and shall provide this documentation to COUNTY on the frequency requested by COUNTY.

5.12. Clean as you Go Policy

5.12.1. CONTRACTOR shall operate under a "clean as you go" policy, meaning that all debris shall be cleared from each roadway and work zone on the first pass, whenever possible.

5.12.2. During the debris removal process, it will be required that each load site be cleared to the point that an average residential lawnmower can safely mow the area.

5.12.3. CONTRACTOR shall supervise and enforce such policy during debris management operations.

5.13. Security of Debris During Hauling

5.13.1. CONTRACTOR shall be responsible for the security of all debris on/in each vehicle or piece of equipment utilized to haul debris.

5.13.2. Prior to hauling debris, CONTRACTOR shall ensure that each load is secured and trimmed so that to the extent practical, no debris extends horizontally beyond the bed of the equipment (in all directions). All loose debris shall be reasonably compacted and secured during transport in accordance with Florida Department of Transportation (FDOT) guidelines.

5.13.3. As required, CONTRACTOR shall review the primary routes used for its debris hauling as soon as possible after the transport and shall recover all fallen or blown debris from the roadway(s).

5.14. Traffic Control

5.14.1. CONTRACTOR shall mitigate impact on local traffic conditions to the greatest extent possible. CONTRACTOR is responsible for establishing and maintaining appropriate traffic control in accordance with the most current edition of the U.S.

Department of Transportation Manual on Uniform Traffic Control Devices (MUTCD) and in accordance with a County approved maintenance of traffic plan.

5.14.2. CONTRACTOR shall contact the Broward County Highway Construction and Engineering Division (HCED), in advance, regarding maintenance of traffic planning and requests.

5.14.3. CONTRACTOR shall provide, and its unit prices shall include, sufficient signage, flagging and barricading to ensure the safety of vehicle and pedestrian traffic at all assigned debris clearing and removal sites.

5.14.4. CONTRACTOR shall make every effort to not block roads, driveways, sidewalks, or utilities of any kind.

5.15. Work Schedule

5.15.1. Workdays and/or work hours shall be as directed by COUNTY following consultation and notification to CONTRACTOR. Upon deployment, CONTRACTOR shall provide these services during daylight hours, seven (7) days a week, until the work is completed.

5.15.2. Work hours on COUNTY holidays shall be at the discretion of the COUNTY.

5.15.3. There shall be no additional compensation (overtime) by the COUNTY for work more than eight hours per day, during weekends or holidays.

5.16. Household Hazardous Waste and E-waste

5.16.1. Upon the pre-authorization of COUNTY, the CONTRACTOR shall set aside and reasonably protect all household hazardous waste (HHW) and electronic waste (E-waste) encountered during debris clearing and removal operations.

5.16.2. CONTRACTOR must ensure that it has experience of managing such waste or shall use a subcontracted firm(s) specializing in the management and disposal of such materials and waste, as directed by COUNTY.

5.17. Work Safety

5.17.1. CONTRACTOR shall provide and enforce a safe work environment as prescribed in the Occupational Safety and Health Act of 1970 (OSHA), as amended.

5.17.2. CONTRACTOR and its subcontractors shall provide and require the wearing of protective clothing and personal protection equipment as required by applicable laws, regulations, ordinances and manufacturer recommendations.

5.17.3. CONTRACTOR shall provide such safety equipment, training and supervision as may be required by COUNTY and/or other governmental regulations.

5.17.4. CONTRACTOR shall ensure that its subcontracts contain an equivalent safety provision.

5.18. Inspection of CONTRACTOR’s Operations

5.18.1. All debris shall be subject to inspection by COUNTY, COUNTY’s Debris Monitor and other public authorities to ensure compliance with this Contract, applicable Federal, State and local laws, and in accordance with generally accepted standards of emergency management professionals.

5.18.2. COUNTY shall, always, have access to all work sites and disposal areas. In addition, authorized representatives and agents of the government shall be permitted to inspect all work, materials, invoices, and other relevant records and documentation.

5.19. Corrective Actions Required of CONTRACTOR

When instructed by the Contract Administrator, the CONTRACTOR shall immediately implement corrective actions to address health and/or safety issues, and/or any other actions inconsistent with any of the terms of this Contract, as determined by COUNTY in its sole discretion.

5.20. Ineligible Work

CONTRACTOR will not be paid for clearing, removal, collection and/or hauling of any material when not previously instructed/approved by COUNTY through a purchase order.

5.21. Eligibility Inspections

5.21.1. COUNTY’s Debris Monitor shall have the right to inspect each load, and to inspect at some other frequency of the COUNTY's direction, to verify that the contents are in accordance with the COUNTY’s accepted definition of eligible debris.

5.21.2. If any load is determined to contain material that does not conform to the COUNTY’s definition of eligible debris, the load shall be deposited at another approved and certified receiving facility. No payment will be made for that load, and CONTRACTOR shall not invoice COUNTY for such loads.

5.21.3. COUNTY, through its authorized representative, shall be the sole judge as to whether the materials conform to the COUNTY’s definition of eligible debris.

5.22. Compliance with Laws, Regulations and Codes

5.22.1. CONTRACTOR shall comply with Pollution Control, Chapter 27 of the Broward County Code of Ordinances, as amended.

5.22.2. CONTRACTOR shall comply with all other applicable Federal, State, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Contract.

5.22.3. In the event of any conflict or inconsistency with any applicable code, ordinance, rule, regulation, or guidelines, CONTRACTOR shall contact the Contract Administrator for further directions and instructions.

5.22.4. CONTRACTOR shall notify the COUNTY within 24 hours of any Notices of Violation or other notice of any legal or regulatory actions taken against CONTRACTOR or its subcontractors while conducting work as part of this Contract.

5.22.5. All tree trimming shall be completed by a licensed Broward County Class “A” or “B” Tree Trimmer or Certified Arborist unless an executive order waives licensing requirements. Each trimmer shall have picture identification issued by a governmental entity or agency, and evidence that this person meets the training requirements. The COUNTY or its Debris Monitor may require proof of this license at any time.

5.22.6. A Broward County Waste Transporter license may be required for these services as defined in the Broward County Code of Ordinances, Chapter 27 (Pollution Control), Article XVII, as amended, unless an executive order waives licensing requirements.

6. REPORTS, CERTIFICATIONS AND DOCUMENTATION

6.1. Reports

6.1.1. CONTRACTOR shall submit to COUNTY periodic, written reports in a format required by COUNTY documenting the progress of debris clearing and removal.

These reports include, but are not limited to, the following:

6.1.1.1. Daily Reports

6.1.1.1.1. For activities that include hauling, daily reports shall detail the name of the CONTRACTOR and subcontractor, the standardized ticket/log origin code, the truck number and driver’s full name, the certified truck capacity, the debris pickup location, the debris type, the departure time, volume of debris (by type) removed and disposed of, and the destination of the debris.

6.1.1.1.2. For activity that includes only clearing, daily reports shall detail the name of the CONTRACTOR and subcontractor, the superintendent’s full name, the clearing location/address, the hours of labor (by type) and the hours of equipment (by type).

6.1.1.1.3. CONTRACTOR shall report damages to property caused by its actions, or damage claims made by residents or property owners and such other information as may be required to completely describe the daily conduct of CONTRACTOR’s operations within 24 hours of each occurrence.

6.1.1.2. Weekly Summaries

6.1.1.2.1. Provide a summary of all information contained in the daily reports as described above, within two calendar days of each Thursday.

6.1.1.2.2. At the request of COUNTY, the data making up the weekly summaries shall be submitted in electronic format utilizing Microsoft Excel or Access.

6.1.1.3. Report Delivery

The scheduling, point of delivery, and receiving personnel for the reports shall be directed by COUNTY, in consultation with

CONTRACTOR.

6.1.1.4. Data Reconciliation

Reconciliation of data will be accomplished weekly between the CONTRACTOR and COUNTY’s representative. All discrepancies must be resolved within five calendar days of receipt of the weekly summary by COUNTY.

6.1.1.5. Final Project Closeout

6.1.1.5.1. Upon final inspection and/or closeout of the project by COUNTY, CONTRACTOR shall prepare and submit to Contract Administrator a detailed description of all completed debris clearing, removal and disposal activities in a report (with an electronic spreadsheet in Microsoft Excel or Access), to include, at a minimum: the total debris volume by type of debris hauled; all standardized tickets/logs; total hours and unit costs by labor type and equipment type for Road Clearing/Cut and Toss activity; plus the final cost of the project invoiced to COUNTY.

6.1.1.5.2. CONTRACTOR shall provide, upon request of the COUNTY and/or no later than project closeout, with a release of liens demonstrating that all subcontractors to CONTRACTOR have been fully paid.

6.1.1.5.3. CONTRACTOR shall provide any other information as may be necessary to adequately document the debris clearing, removal and disposal operations for the COUNTY.

6.1.1.5.4. Final data reconciliation must be approved by COUNTY.

6.2. Certification of Qualified Personnel

6.2.1. CONTRACTOR certifies to COUNTY that all CONTRACTOR and subcontractor personnel have received relevant and adequate training in emergency response, disaster recovery, and debris management operations.

6.2.2. CONTRACTOR shall provide competent workers with experience related to this contract.

6.2.3. Senior, supervisory personnel, including the Project Manager and Superintendent of CONTRACTOR and all subcontractors shall be trained in debris management, the operational concepts established by COUNTY, and the implementation of the National Incident Management System (NIMS).

6.2.4. At any time during the Contract, and within three business days of request by COUNTY, CONTRACTOR shall provide documentation certifying the adequacy of the training, experience and capabilities of all CONTRACTOR and its subcontractor personnel.

6.2.5. Senior management personnel of the CONTRACTOR assigned to implement purchase orders pursuant to this Contract may participate, upon request, in training and briefing sessions held by representatives of COUNTY (at no cost to the

COUNTY).

6.2.6. Personnel assigned by CONTRACTOR as responsible for data management, invoicing and other documentation duties, shall be knowledgeable in data management concepts and approaches to be used by the COUNTY.

6.2.7. Upon the deployment for field operations, CONTRACTOR is responsible for providing its personnel and subcontractors with briefing and/or training in the duties, responsibilities, and procedures to be utilized throughout the debris management process, including, but not limited to, safety procedures, ticket/log management procedures, and accident reporting procedures.

6.3. Utilization of Standardized Tickets/Logs

6.3.1. For all activity/tasks authorized by COUNTY under Section 2, including Debris Removal from Canal Rights-of-Way, Removal of Debris within Broward Municipal Services District, Removal of Debris from County Roadways and Removal and Final Disposal of Special Debris, CONTRACTOR and all subcontractors shall coordinate with COUNTY’s Debris Monitor to utilize a standardized ticket/log, in a form approved by COUNTY, for documenting each load of debris from its origin to the TDMS and/or final disposal location, as indicated.

6.3.2. For each load being delivered to a TDMS, a standardized ticket shall be signed by the Debris Monitor, and CONTRACTOR shall be responsible for delivering copies of that standardized ticket to the TDMS, along with the corresponding load.

6.3.3. For each Special Debris load being delivered to other disposal destinations, a standardized ticket shall initially be written by the Debris Monitor, and CONTRACTOR shall be responsible for delivering that standardized ticket to the final disposal facility and ensuring that the ticket is completed at that site.

6.3.4. COUNTY shall be responsible for providing Debris Monitor with current standardized tickets/logs.

6.4. Additional Supporting Documentation

CONTRACTOR shall submit sufficient reports and/or documentation for debris clearing, removal and disposal, load capacity measurements, any other services provided by CONTRACTOR as may be required by COUNTY and/or other governmental entity to support requests for debris project reimbursement from external funding sources.

7. INVOICES

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