ATTACHMENT A

TW Disaster Debris Removal Services

ATTACHMENT A

SCOPE OF SERVICES

Table of Contents

1. Scope of Services

1.1 General

1.2 Required Provisions

1.3 Monitoring

1.4 Equal Employment Opportunity

1.5 Davis-Bacon Act

1.6 Contract Work Hours and Safety Standards

1.7 Clean Air Act and the Federal Water Pollution Control Act

1.8 Rights to Inventions Made Under a Contract or Agreement

1.9 Debarment and Suspension

1.10 Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)

1.11 Build America, Buy America Act (BABAA)

2. Definitions

3. Additional Services

4. Mobilization

5. General Operations

6. Daily Reporting and Coordination Meetings

7. Equipment

8. Forms

9. Hot Spot Crews

10. Work Hours

11. Ownership of Debris

12. Emergency Debris Road Clearance

13. ROW Vegetative Debris Removal

14. ROW Construction and Demolition (C&D)

15. Multiple Passes

16. Temporary Debris Management Site (DMS) Operations

17. Removal of Eligible Hazardous Stumps

18. Removal of Eligible Hazardous Trees (Leaners)

19. Removal of Eligible Hazardous Limbs (Hangers)

20. Household Hazardous Waste (HHW) Removal

21. ROW White Goods Removal

22. ROW Electronic Waste Removal

23. Other Debris Services

23.1 Demolition of Structures and Debris Removal

23.2 Regulated Asbestos Containing Material

23.3 Storm Drain and Catch Basin Debris Removal

23.4 Dead Animal Carcass Removal

23.5 Abandoned Vehicle or Derelict Vessels

23.6 Waterborne Debris

23.7 Removal of Sand and Earthen Materials

23.8 Restoration of Canal Banks and Slopes

24. Ancillary Services

1. Scope of Services

1.1 General

Specialized management of disaster response and recovery operations for the purposes of debris removal services, and the preparation, response and recovery phases of any emergency situation or disaster. Contractor must have the capacity and ability to rapidly mobilize and respond to potential wide-scale debris volumes as generated by a severe storm / ice storm, as well as localized small-scale volumes typical of a tornado or flood event. Services shall include, but are not limited to:

Emergency Road Clearance

Right of Way (ROW) / Public Property Debris Removal

Hazardous Stump, Tree, and Hanging Limb Removal

Right of Entry (ROE) Debris Removal

Temporary Debris Management Site Operations

Debris Reduction / Grinding / Processing

Debris Disposal / Recycling

Hazardous or Toxic Waste Removal and Disposal

The Seminole Tribe of Florida (“Tribe”) at its sole discretion may elect to perform work with force account or additional contract forces.

1.2 Required Provisions

1.2.1 It is solely the responsibility of the Contractor to comply with and/or include in its subcontracts all applicable provisions, including but not limited to the provisions of this section.

1.2.2 Compliance: Contractor shall comply with all state and Federal rules and regulations when performing under the Agreement. The Contractor shall comply with all Federal Emergency Management Agency (FEMA) rules and regulations applicable to services rendered under the Agreement.

1.2.3 Any contract or subcontract funded by the Agreement must contain the applicable provisions described in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the Contractor to include any of the required provisions in its sub-contracts.

1.3 Monitoring

1.3.1 The Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Tribe or its agents, employees, or designee, including the Florida Chief Financial Officer, or Florida Auditor General. In the event the Tribe determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instruction provided by the Tribe to the Contractor regarding such audit. The Contractor further agrees to comply and cooperate with any inspection reviews, investigation or audits deemed necessary by the Florida Chief Financial Officer or Florida Auditor General.

1.3.2 Records of costs incurred by the Contractor under terms of the Agreement shall be maintained by the Contractor and made available upon request to the Tribe at all times during the period of the Agreement. Copies of these documents and records shall be furnished to the Tribe upon request. Records of costs incurred shall include the Contractor’s general accounting records and the project records, together with supporting documents and records of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Tribe for a proper audit of project costs.

1.4 Equal Employment Opportunity

1.4.1 The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, 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, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to 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.

1.4.2 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, sexual orientation, gender identity, or national origin.

1.4.3 The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

1.4.4 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 and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

1.4.5 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.

1.4.6 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.

1.4.7 In the event of the Contractor’s noncompliance with the nondiscrimination clauses of the Agreement or with any of the said rules, regulations, or orders, the Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Tribe agreements or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

1.4.8 The Contractor will include the portion of paragraph 1.0.2.2 and the provisions of paragraphs 1.0.2.4.1 through 1.0.2.4.8 of Executive Order 11246 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.

1.5 Davis-Bacon Act

1.5.1 All transactions regarding the Agreement shall be done in compliance with the Davis- Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt.

5 as may be applicable. The Contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.

1.5.2 Contractors are 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.

1.5.3 Additionally, Contractors are required to pay wages not less than once a week.

1.6 Copeland “Anti-Kickback” Act

1.6.1 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 the Agreement.

1.6.2 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 Agreement clauses.

1.6.3 Breach. A breach of the Agreement 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.

1.7 Contract Work Hours and Safety Standards

1.7.1 In accordance with 40 U.S.C. 3702 of the Act, the Contractor shall 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. 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.

1.8 Clean Air Act and the Federal Water Pollution Control Act

1.8.1 Contractor agrees 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) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA).

1.9 Rights to Inventions Made Under a Contract or Agreement

1.9.1 If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2

(a) and the recipient or subrecipient 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 recipient or subrecipient must comply with the requirements of 37 CFR 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 the awarding agency.

1.10 Debarment and Suspension

1.10.1 The Agreement 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).

1.10.2 The Contractor and any subcontractors 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.

1.10.3 This certification is a material representation of fact relied upon by the Government. 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 the Tribe, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

1.10.4 The Contractor 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 Agreement. The Contractor further agrees to include a provision requiring such compliance in its lower-tier-covered transactions.

1.11 Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)

1.11.1 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 funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the recipient.

1.12 Build America, Buy America Act (BABAA)

1.12.1 The Contractor should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards, contracts, and purchase orders under Federal awards.

1.12.2 For purposes of this section:

A. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

B. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. Definitions

Whenever, the terms defined in the documents are used (or pronouns used in their place), the intent and meaning of such terms shall be interpreted as indicated in the Agreement.

In addition, the following definitions shall apply:

A. Authorized Representative: Tribal employees and/or contracted individuals designated by the Tribe or Contractor Administrator.

B. Construction and Demolition (C&D) Debris: debris including but not limited to damaged components of buildings and structures such as lumber and wood, gypsum wallboard, glass metal, roofing material, tile, carpeting and floor coverings, furnishings, fixtures, pipe, and similar materials.

C. Contracts Administrator: The Purchasing Agent or other party authorized to make contractual obligations/decisions on behalf of the Seminole Tribe of Florida.

D. Contractor or Prospective Contractor or Proposer or Vendor: Any person or firm having a contract with or proposing to the Seminole Tribe of Florida as a result of this RFP.

E. Debris Management Site (DMS): A temporary storage site for debris established for the purposes of gathering, storing, and reduction of debris.

F. Disposal Fee: A fee based on weight or volume of debris for disposal at a landfill or other waste management facility.

G. Electronic Wastes (e-waste): Wastes which may require special handling, recycling or disposal such as computer monitors, CPUs, televisions, and similar materials.

H. Eligible Debris: Debris which is generated by the disaster event and poses immediate threats to the public health and safety; of which the removal has been determined to eliminate immediate threats of significant damage to improved public or private property;

and that which is considered essential to ensure economic recovery of the affected community to the benefit of the community at large.

I. Goods, consultant services, and/or services: The standby contract for Disaster Debris Removal and Management Services.

J. Household Hazardous Wastes (HHW): Small quantities of used or leftover contents of consumer products which include, but are not limited to: latex or oil based paints, cleaners or solvents, oils, pool chemicals, pesticides, and similar.

K. Mixed Debris: Vegetative debris which is mixed with construction & demolition materials or other materials at the load site prior to removal. The Contractor is required to sort mixed debris at the load site, if minor amounts of undesirable materials are present.

L. Notice to Proceed: The written official notice to a contractor from an authorized Tribal official instructing the contractor to proceed with disaster recovery and debris removal activities.

M. Proposal: An executed formal document submitted to the Seminole Tribe of Florida stating the goods, consultant services, and/or services, as applicable, offered by the proposer to satisfy the needs as requested in the Request for Proposal (RFP) document.

N. RFP Documents means: this entire RFP DOCUMENT, all attachments, these Instructions to Proposers and any addendums issued prior to the date and time of submittal of the Proposals.

O. Right of Entry (ROE): A document by which a property owner confers to an eligible applicant or its contractor the right to enter onto private property without committing trespass.

P. Rights-of-Way (ROW): The land which the Tribe has title to or right of use, for the road and its structures and appurtenances.

Q. Vegetative Debris: Clean woody debris which includes but is not limited to: broken or fallen trees and tree limbs, hazardous tree stumps, bushes and shrubs.

R. White Goods: Household and industrial appliances including, but not limited to:

refrigerators, stoves, ovens, dishwashers, water heaters, and similar materials.

S. Work Zones: Zones established by the Tribe to effectively manage the debris removal operations.

3. Additional Services

The successful Contractor(s) resulting from the subsequent award shall be required to provide at no cost the following services:

Attend an annual disaster coordination and planning meeting with Tribal personnel and other contractors, providing training and assistance, as requested.

Assist the Tribe in the preliminary damage assessment, as requested, identifying damaged locations and facilities and estimating eligible costs.

Assist the Tribe in its debris planning efforts, as requested, including identifying DMS locations, estimating debris quantities, and developing emergency action plans.

Provide a mobile command unit for the Tribe’s debris recovery management personnel to serve as a field and operations command center.

Provide temporary storage of disaster related documents and reports for protection during the disaster event.

Provide and submit to the Tribe and monitoring firm, all reports documents as may be necessary to adequately document its performance of the Contract, to include all requirements for documentation requested by federal and/or state emergency management agencies for reimbursement of costs.

Provide technical assistance in disaster debris removal activities, including but not limited to, the Right of Entry process and the related regulatory agencies requirements.

Contractor will uniformly provide ID badges for each of his employees and employees of their subcontractors.

4. Mobilization

A. Initial communication. The Contractor is responsible to contact the Tribe’s representative ninety-six (96) hours, forty-eighty (48) hours and twenty-four (24) hours prior to a known emergency event anticipated to affect the Tribe.

B. Initial on-site response shall be deemed as having a Contractor’s representative physical present at the Seminole Tribe of Florida’s Emergency Operations Center within twelve

C. (12) hours after notification of need. Performance shall be deemed as the commencement of work as defined by the task order within twelve (12) hours of issuance of the Notice to Proceed.

D. The Contractor shall be capable of deploying any required resources for the ancillary services within twenty-four (24) hours of the issuance of the Notice to Proceed.

5. General Operations

A. The Contractor shall be responsible for performing the debris clearance, removal and management services requested through this RFP. The designated area for debris removal is bounded by the Tribal reservations and Tribal land limits and includes Tribal property and rights-of-way (ROW), Tribal designated roads, canal (waterways), Tribal parks and debris management areas within the Tribal boundaries.

B. The Contractor may be tasked with debris clearance and removal from Federal Highway Administration (FHWA) federal aid eligible roads as defined by Title 23 U.S.C Section 125 – Emergency Relief §(3)(A-B). In the event of this occurrence, the Contractor will be required to provide crews separate from those providing the Tribe ROW debris clearance and removal services. The Contractor shall be required to follow all eligibility requirements and guidance as established by the FHWA Emergency Relief program for federal aid eligible roads. The contract will incorporate FHWA Form 1273, Required Contract Provisions Federal-Aid Construction Contracts.

C. The Contractor shall provide project management and coordination of recovery activities necessary to assist the Tribe in fulfilling the requirements of federal reimbursement agencies.

D. The Contractor shall conduct work so as not to interfere with the disaster response and recovery activities of Tribal, federal, state, city, town, and county governments or agencies or of any public utilities.

E. The Contractor shall implement a “clean as you go” policy to ensure all debris is cleared from the loading site before moving to the next loading site.

F. The Contractor shall report and provide documentation to the Tribe or authorized representative, all incidents such as, but not limited to oil spills, fuel leaks, hydraulic fluid leaks, chemical spills, and similar environmental quality issues. The Contractor shall cleanup or remediate the incident, as necessary, properly disposing of the materials in compliance with the applicable Tribal, federal, state, and local regulations.

G. Private Work: The Contractor and subcontractors shall be prohibited from performing private work within Tribal boundary limits while actively engaged in delivering services under this contract.

H. Property Damages: The Contractor shall repair any damages caused by Contractor’s or sub-contractor’s equipment in a timely manner at no expense to the Seminole Tribe of Florida. The Contractor shall repair or replace with like materials all damaged mailboxes on the same day, which the damage occurred. The Contractor shall contact the person(s) making claims regarding damages within 2 days of receiving said claim; information such as method of repair and timeline for completion shall be discussed. All damages shall be repaired no later than thirty (30) days after the completion of the debris removal. The contractor shall provide the Seminole Tribe of Florida with a weekly report outlining the status of all damage concerns.

I. If there is disagreement between a resident and Contractor as to the repair of damages, the Tribe shall decide and make the final determination on the repair. Failure to restore the damaged Tribal or private property to the satisfaction of the Tribe will result in the Tribe withholding retainage money or invoice the Contractor for time and material costs associated with resolving issues or damages related to the Contractor’s work.

6. Daily Reporting and Coordination Meetings

A. The Contractor shall submit a daily report providing the number of crews operating, the number and types of equipment operating, the total cubic yards (or tons) collected by debris type, the total cubic yards reduced, and the total cubic yards transported to final disposal.

This report shall include the number of crews operating for the current day. This report shall be submitted to the Contract Administrator or designee each day, for the previous day. The Contractor shall also provide an updated map of the locations where debris collection crews operated to relate the progress of operations.

B. The Contractor shall participate in daily coordination meetings with the Tribal departments involved in the response and recovery operations.

7. Equipment

A. The Contractor shall provide sufficient and qualified staff and the necessary equipment to rapidly remove and lawfully dispose of all disaster related debris.

B. The Contractor shall ensure that all equipment and vehicles utilized in the Seminole Tribe of Florida’s debris operations remain in good working condition.

C. The Contractor and its subcontractors shall operate all equipment and vehicles in compliance with all applicable Tribal, federal, state, and local rules and regulations.

D. The Contractor shall present all vehicles utilized to haul debris, to the Tribe or authorized representative, for measurement (inside bed measurements) to calculate and certify the volumetric capacity of said vehicle.

E. All certified vehicles shall display a placard, displayed on the driver’s side of the vehicle, which states Seminole Tribe of Florida and debris hauler company name the vehicle’s assigned and unique number and the certified cubic yard capacity of said vehicle.

F. Any truck used to haul debris must be capable of rapidly unloading its load without the assistance of other equipment, be equipped with a tailgate that will effectively contain the debris during transport and permit the truck to be filled to capacity.

G. Sideboards or other extensions to the bed are allowable provided they meet all applicable rules and regulations, cover the front and both sides and are constructed in a manner to withstand severe operating conditions. The sideboards are to be constructed of two (2) inch by six (6) inch boards or greater and not to extend more than two (2) feet above the metal bedsides. Trucks or equipment certified with sideboards must maintain such sideboards and keep them in good repair. In order to ensure compliance, equipment will be inspected by the Tribe’s authorized representatives prior to its use by the Contractor(s).

H. Debris shall be reasonably compacted into the hauling vehicle. Any debris extending above the top of the bed shall be secured in place so as to prevent it from falling off. Measures must be taken to avoid the debris from blowing out of the hauling vehicle during transport to a Seminole Tribe of Florida approved DMS or final disposal site.

I. Equipment used under this contract shall be rubber tired and sized properly to fit loading conditions. Excessive size equipment (100 cubic yards and up) and non-rubber tired equipment must be approved for use on the road by the Tribe’s Contract Administrator.

J. All loading equipment shall be operated from the road, street or rights-of-way using mechanized loading devices such as, buckets and/or boom and grapple devices, to collect and load debris.

K. No equipment shall be operated outside the public rights-of-way unless directed by the Tribe. Should operation of equipment be required outside of the public rights-of-way the Tribe will provide written authorization and hold harmless agreement.

L. Hand loaded vehicles are prohibited unless pre-authorized, in writing, by the Tribe’s Contract Administrator, following the event. All hand loaded vehicles will receive an automatic fifty percent (50%) deduction in volume for lack of compaction.

8. Forms

A. Truck Certification Forms, as approved by the Tribe, will be provided by the Contractor for documenting and recording the actual physical, inside measurement and volume capacity, including any volume adjustments, deductions or comments of each truck, trailer, or other hauling equipment used to conduct the Tribe’s debris removal and hauling operations. In the event that the unit price is by weight, the tare weight shall be recorded on the Truck Certification Form.

B. The Truck Certification Form shall also document the date, license plate, driver information, insurance information, a brief description and photograph of the vehicle.

C. Truck certifications shall be performed by the Seminole Tribe of Florida or authorized representative, in the presence of the Contractor or their designated representative. The forms shall be signed and dated by both parties.

D. Truck Placards, as approved by the Tribe, will be provided by the Contractor and attached to the driver’s side of each vehicle transporting debris and shall display the following information pre-printed or in permanent marker:

Seminole Tribe of Florida

Contractor Name

Unique identification number assigned to the vehicle.

Certified cubic yard capacity of the vehicle (or tare weight).

E. Load tickets, as approved by the Tribe, will be provided by the Contractor for recording the volumes of debris removed and hauled to a DMS or final disposal site, unless the Tribe’s contracted monitor utilizes an electronic ticketing system. Each load ticket shall consist of a five part carbon paper ticket (one original and four copies). Each load ticket shall be pre-printed and sequentially numbered and capable of documenting the following data:

Contract Owner Name

Prime and Sub-Contractor Name

Date

Truck Number

Certified Capacity (Cubic Yards or Tons)

Driver’s Name

Type of Debris Collected: Vegetative, C&D, White Goods, Other, etc.

Load Location (Address of pick-up)

Work Zone

Loading Date and Time

Loading Site Monitor Name and Signature

Load Size (Estimated Percentage of Cubic Yards OR Tons)

Unloading Site Location

Unloading Date and Time

Unloading Site Monitor Name and Signature

F. The Seminole Tribe of Florida’s authorized representative will complete the applicable portion of a load ticket at the load site and provide four copies to the vehicle driver, if utilized. Upon arrival at the DMS or authorized final disposal site, the vehicle driver shall present the four copies of the load ticket to the Tribe’s authorized representative at the tower. A visual inspection will occur to determine the estimated debris quantity (or tons, if scales are available) contained in the vehicle will be documented. The Tribe’s authorized representative shall sign the load ticket. The Tribe’s authorized representative will provide a completed copy to the driver, the Contractor representative, and the Seminole Tribe of Florida for project files.

G. Haul out of mulch or processed/ground debris/ash residue to final disposal shall be documented following the same load ticket procedures, as indicated above.

H. Construction and Demolition debris transported to disposal shall be documented following the same load ticket procedures, as indicated above.

9. Hot Spot Crews

The Contractor shall be required to provide the Tribe with “hot spot” crews, which will respond immediately, as directed by the Tribe or authorized representative, to collect and haul priority debris piles which impact the public’s health, safety, or welfare.

10. Work Hours

The Contractor shall conduct those debris removal operations generating noise levels above that normally associated with routine traffic flow, during daylight hours only. Work may be performed seven (7) days per week. Adjustments to work hours, as local conditions may dictate, shall be coordinated between the Tribe and Contractor. Unless otherwise directed, the Contractor must be capable of conducting debris reduction operations at the DMS locations on a twenty-four (24) hour, seven (7) days a week basis.

11. Ownership of Debris

All debris located in the boundaries of the Tribal reservations and Tribal lands and Tribal authorized DMS locations shall be the property of the Seminole Tribe of Florida until final disposal at an authorized and permitted disposal site.

12. Emergency Debris Road Clearance

A. Upon receiving the notice to proceed for this contract element, the Contractor shall provide all labor, equipment, fuel and associated costs necessary to clear and remove debris by cutting, tossing and/or pushing of debris from the priority roadways, as identified by and directed by the Seminole Tribe of Florida. As per FEMA rules and regulations, this phase of operations, conducted under a time and materials rate shall not exceed a reasonable time, and the Tribe has determined this phase shall be capped at no more than seventy (70) working hours following the notice to proceed. The Contractor exceeds the seventy (70) working hour cap at its own risk.

B. The Contractor shall assist the Tribe and its representatives in ensuring proper documentation of emergency road clearance activities. Tribal personnel or authorized representative shall verify the equipment used, operators, hours of operation (start and end times), and shall require the locations of work performed.

C. In the event the Seminole Tribe of Florida authorizes emergency debris clearance on FHWA federal aid eligible roadways, the Contractor shall invoice these costs separately from FEMA eligible roadways.

13. ROW Vegetative Debris Removal

A. The Contractor shall provide all labor, materials, equipment, tools, traffic control, signage and any other incidental items; to collect and remove eligible disaster debris from the Tribe’s authorized ROW and transport eligible disaster related vegetative debris to a Tribe approved debris management site (DMS) or to a Tribe designated final disposal site in accordance with all Tribal, federal, state, and local rules and regulation.

B. The Contractor shall only remove eligible vegetative debris which is placed within the

Tribal authorized ROW.

C. All eligible debris will be removed from each loading site before proceeding to the next loading site.

D. The Tribe or its authorized representative shall document the load by means of the load ticket or electronic ticket.

E. All eligible vegetative debris loads shall be transported to the Tribe’s DMS or approved final disposal facility.

F. Entry onto Tribal property outside of the authorized ROW for the removal of eligible disaster related debris will be permitted only by written authorization of the Seminole Tribe of Florida. The Tribe will provide the written authorization, legal and operational procedures.

14. ROW Construction and Demolition (C&D)

A. The Contractor shall provide all labor, materials, equipment, tools, traffic control, signage and any other incidental items; to collect and remove eligible disaster debris from the Tribe’s authorized ROW and transport eligible disaster related C&D debris to a Tribal approved debris management site (DMS) or to a Tribal designated final disposal site, in accordance with all Tribal, federal, state, and local rules and regulations.

B. The Contractor shall only remove eligible C&D debris which is placed within the Tribe’s authorized ROW.

C. All eligible C&D debris will be removed from each loading site before proceeding to the next loading site.

D. The Contractor shall to the extent possible, keep separate C&D materials from other debris, so that loads are primarily of similar materials.

E. The Tribe or its authorized representative shall document the load by means of the load ticket, or electronic ticketing system.

F. All eligible C&D debris loads shall be transported to the Tribe’s DMS or approved final disposal facility.

G. Entry onto Tribal improved property for the removal of eligible disaster related debris will be permitted only by written authorization of the Tribe. The Tribe will provide the legal and operational procedures.

15. Multiple Passes

The Tribe may require multiple passes to remove the disaster debris from the Tribe’s authorized rights-of-way (ROW), improved property and facilities. The number of passes conducted will be authorized in writing by the Tribe and based upon debris assessments.

16. Temporary Debris Management Site (DMS) Operations

A. Contractors shall deliver all disaster related debris to the Tribe’s authorized temporary DMS locations, unless otherwise instructed by the Tribe. The Tribe may authorize multiple sites in order to efficiently store and process the volumes of disaster related debris materials

B. The Tribe may require additional DMS locations and require Contractor assistance to select suitable sites, perform baseline soil and groundwater testing, and site preparation/operations.

C. The Contractor shall provide all management and operational services at the Tribe’s authorized temporary DMS locations.

D. The Contractor shall submit a site layout plan and operations plan to the Tribe for review.

At a minimum the plan shall address the following:

1. Site management, including a point-of-contact and organizational chart.

2. Traffic control procedures and on-site traffic patterns.

3. Through put plans to ensure constant flow of inbound and outbound materials and to prevent a significant accumulation of materials on-site.

4. Site safety plan.

5. Hazardous and toxic waste materials plan.

6. Environmental mitigation plan, including considerations for smoke, dust, noise, traffic routes, buffer zones, storm water runoff, archeology, historic preservation, wetlands, endangered species, as relevant and appropriate.

7. Remediation and site restoration plan.

E. The Contractor shall document by photographs and video recordings, each Tribal DMS prior to operations to establish baseline conditions of the site.

F. The Contractor shall be responsible for constructing and/or erecting an inspection tower at each temporary DMS for the purposes of inspecting and documenting each load of debris entering the site. The tower shall be large enough to accommodate a minimum of four (4) persons. The tower shall be constructed of materials approved by the Tribe and include a roof which allows for some protection from weather conditions.

G. The Contractor shall manage and supervise the temporary DMS to accept eligible debris collected under this contract and other contracts or agreements approved by the Tribe.

H. The Contractor shall be responsible for traffic control, dust control, erosion control, fire protection, on-site roadway maintenance, portable sanitation facilities, security, and safety measures.

I. The Contractor shall be responsible for the sorting, separating, and stockpiling of eligible debris at the temporary DMS and shall ensure that the eligible debris remains segregated at the facility.

J. The Contractor shall utilize tub grinders, chippers, shredders, air curtain incinerators and any other equipment necessary to effectively and efficiently reduce the volume of the eligible debris prior to final disposal, as approved by the Tribe.

K. The Contractor shall provide mechanized equipment to facilitate the loading and removal of mulch materials from the temporary DMS locations.

L. The Contractor shall be responsible for the removal and lawful disposal of all debris from the temporary DMS. Within thirty (30) days of the completion of the debris operations, the Contractor shall restore the site to its pre-disaster condition to the satisfaction of the Tribe.

17. Removal of Eligible Hazardous Stumps

A. The Contractor shall provide all labor, materials, equipment, tools, traffic control, signage and any other incidental items; to collect and remove eligible hazardous stumps from the Tribe’s authorized ROW.

B. The Contractor shall extract or remove only stumps which meet the following eligibility criteria and are authorized by the Tribe or its designated representative:

1. The stump root ball is exposed by fifty (50) percent or more;

2. The stump shall be larger than twenty-four (24) inches in diameter, measured twenty-four (24) inches above the ground; and extraction is required as part of the removal.

3. The stump is located in the authorized ROW or on improved property and poses a danger to the public’s health and safety.

C. The Tribe or authorized representative shall measure and document the stump prior to removal, through photographs, GPS coordinates, US National Grid coordinates, physical address/location and other relevant information which verifies the hazard posed by the stump.

D. Hazardous stumps which meet the eligibility criteria and have been documented following the described procedures shall be eligible for unit pricing which includes the extraction, transport, disposal, and filling the root ball cavity.

E. Costs for the removal of hazardous stumps shall be invoiced separately.

F. The Contractor shall be required to fill the cavity left by the excavation process with clean fill dirt in the quantity documented by the Tribe or the Tribe’s authorized representative.

G. The eligible hazardous stump shall be transported to the Tribe’s DMS or to the Tribe’s designated final disposal site.

H. Stumps measuring less than twenty-four (24) inches in diameter, measured twenty-four

(24) inches above ground, which require extraction shall be converted to a cubic yard measurement by the conversion table included in the FEMA FP 104-009-2, Appendix E, Stump Conversion Table.

I. Stumps which are placed on the authorized ROW by others shall not be eligible for hazardous stump unit pricing. Stumps placed on the ROW by others shall be treated as vegetative debris and reimbursable at the vegetative debris unit pricing.

18. Removal of Eligible Hazardous Trees (Leaners)

A. The Contractor shall provide all labor, materials, equipment, tools, traffic control, signage and any other incidental items; to collect and remove hazardous trees (leaners) from the Tribe’s ROW and improved public property which pose a threat to life, public health and safety as follows:

B. The Contractor shall remove only Hazardous Trees (Leaners) which measure six (6) inches or greater measured at diameter breast height (DBH) of 4.5 feet from the ground and meet the following eligibility criteria and are authorized by the Tribe or its designated representative; and the tree:

1. The trunk is split;

2. The hazardous tree has more than fifty (50) percent of its canopy (crown) damaged or destroyed; or

3. The hazardous tree is leaning at an angle greater than thirty (30) degrees and the direction of the leaning tree threatens public or improved property.

C. Hazardous trees which meet the eligibility criteria and have been documented following the described procedures shall be eligible for unit pricing.

D. The Tribe or authorized representative shall measure and document the hazardous tree prior to removal, through photographs, GPS coordinates, US National Grid coordinates, physical address/location and other relevant information which verifies the hazard posed by the hazardous tree.

E. Hazardous trees that are less than six (6) inches measured at diameter breast height (DBH) of 4.5 feet from the ground shall be flush cut at the ground and transported to the Tribe’s DMS or to the approved final disposal site. Hazardous trees which fall under this category shall be treated as vegetative debris and shall be charged at the vegetative debris unit price.

F. Costs for the removal of the hazardous trees shall be invoiced separately.

19. Removal of Eligible Hazardous Limbs (Hangers)

A. The Contractor shall provide all labor, materials, equipment, tools, traffic control, signage and any other incidental items; to remove and collect eligible hazardous limbs (hangers) from the Tribe’s authorized ROW and improved public property which pose a threat to life, public health and safety.

B. The Contractor shall remove only hazardous limbs (hangers) which meet the following eligibility criteria and are authorized by the Tribe or its designated representative:

1. The hazardous limb shall measure two (2) inches in diameter or larger at the break point.

2. The hazardous limb must pose an immediate threat to life, public health or safety or poses an immediate threat of significant damage to improved property.

3. The hazardous limb is still hanging in the tree above public property (ROW) or improved public property.

C. The Tribe or authorized representative shall measure and document the hazardous limb prior to removal, through photographs, GPS coordinates, US National Grid coordinates, physical address/location and other relevant information which verifies the hazard posed by the hazardous limb.

D. The eligible hazardous limb shall be cut at the closest main branch junction.

E. Hazardous limb removal, which meet the eligibility criteria, shall be charged on a per tree unit price basis. The contractor shall not charge a unit price per cut limb.

F. The eligible hazardous limb shall be placed in the ROW, collected and hauled to the Tribe’s DMS or to the final disposal site. Hazardous limbs placed on the ROW after removal, shall be treated as vegetative debris and shall be charged at the vegetative debris unit price.

G. If the hazardous limb does not extend over public property or improved public property that limb is not eligible.

H. Costs for the removal of hazardous limbs shall be invoiced separately.

20. Household Hazardous Waste (HHW) Removal

A. The Contractor shall provide all labor, equipment, fuel, traffic control costs and other associated costs necessary for the removal, transportation, and disposal of eligible HHW from the ROW to an authorized household hazardous waste or hazardous waste facility.

B. The removal, transportation, and disposal of eligible HHW includes obtaining all necessary local, state, and federal handling permits and operating in accordance with all rules and regulations of local, state, and federal regulatory agencies.

C. All HHW shall be managed as hazardous waste and disposed of at a permitted hazardous waste facility.

D. Eligible household hazardous waste shall be documented by means of a load ticket by the Tribe or its authorized representative.

E. Costs for the removal of household hazardous waste shall be invoiced separately.

21. ROW White Goods Removal

A. The Contractor shall provide all labor, equipment, fuel, traffic control costs and other associated costs necessary for the removal, transportation, and disposal/recycling of eligible white goods from the ROW.

B. White goods containing refrigerants, oils, and similar substances, shall be removed from the ROW and loaded onto a vehicle, so as to prevent such materials from escaping from the unit.

C. All refrigerants, oils, and similar materials shall be removed by the Contractor’s qualified technicians or transported to a facility for the removal of said materials, and disposed of or recycled according to all federal, state, and local rules and regulations.

D. White goods containing food items shall be decontaminated in accordance with federal, state, and local law prior to disposal/recycling.

E. Eligible white goods removed from the ROW shall be documented by means of a load ticket by the Tribe or its authorized representative.

F. All documentation with regard to the removal and disposal of refrigerants, oils, and similar substances shall be submitted to the Tribe before payment is made.

G. White goods shall be transported to a designated Tribal approved recycling facility.

H. Costs for the removal of ROW white goods shall be invoiced separately.

22. ROW Electronic Waste Removal

A. The Contractor shall provide all labor, equipment, fuel, traffic control costs and other associated costs necessary for the removal, transportation, and disposal/recycling of eligible electronic waste from the ROW.

B. Eligible electronic waste removed from the ROW shall be documented by means of a load ticket by the Tribe or its authorized representative.

C. The Contractor shall recycle or dispose of the waste at a facility approved by the Tribe.

D. Costs for the removal of ROW electronic waste shall be invoiced separately.

23. Other Debris Services

As directed by the Seminole Tribe of Florida and upon written authorization, the Contractor shall provide all labor, equipment, materials, fuel, traffic control, and signage, to perform the additional services, including but not limited to, the following:

23.1 Demolition of Structures and Debris Removal

The Contractor shall provide services for the demolition of structures which pose a significant threat to the public health, safety, and economic recovery of the community. The Tribe shall provide the ROE and Hold Harmless Agreements and provide the legal and operational procedures, which comply with all Tribal, federal, state, and local rules, regulations, and policies.

23.2 Regulated Asbestos Containing Material

The Contractor shall remove regulated asbestos containing material (RACM) arising from the demolition of structures.