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HomeMy WebLinkAboutDRC Pacific, Inc. - 2024-09-03 (2) OTINGt 2000 Main'Street, >°tip Huntington Beach,CA 92648 • _ City of Huntington Beach APPROVED 7-0 �UUNT'1 t;',11 File#: 24-567 MEETING DATE: 9/3/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Sarah Whitecotton, Management Analyst Subject: Approve and authorize the execution of the Cooperative Agreement for Disaster-Related Debris Management Services with DRC Pacific, Inc. Statement of Issue: Approval of the cooperative agreement for Disaster-Related Debris Management Services with DRC Pacific, Inc. will allow the City of Huntington Beach to support public health and safety of our residents in the event of a significant disaster. Financial Impact: The overall costs for services in the event of a disaster are unknown; however, those costs will be allocated to the responsible fund or budget control, depending on the extent of the disaster. The City routinely seeks eligible reimbursement from the Federal Emergency Management Agency (FEMA), California Office of Emergency Services (Cal OES), and private parties for portions of emergency expenses. Cal OES reviewed the Orange County Public Works/DRC Pacific, Inc. Contract and indicated that all costs associated with the Contract will be reimbursable as long as the City selects the contractors through the competitive bidding process and has determined the costs provided by the contractors are reasonable. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the Cooperative Agreement for Disaster- Related Debris Management Services with DRC Pacific, Inc. Alternative Action(s): Do not approve and execute the agreement and direct staff alternatively. Analysis: Orange County Public Works issued a Request for Proposals for disaster-related debris management services in August 2021. Five firms responded with proposals that were reviewed and scored. Two City of Huntington Beach Page 1 of 2 Printed on 8/28/2024 powered Leg istarTM File#: 24-567 MEETING DATE: 9/3/2024 vendors were awarded contracts by the County Board of Supervisors, Flood Control District-Ashbritt, Inc. and DRC Pacific, Inc., on November 16, 2021. The contracts were amended in April 2024 and August 2024. In an effort to streamline debris removal in the case of a significant disaster, the City of Huntington Beach is seeking to take advantage of the County of Orange's provision in their contract on page 12 of 56, under Additional Terms and Conditions, No. 16, which states in part, "The provisions and pricing of this Contract may be extended, at the option of the Contractor, to any Municipal, County, Public Utility, Hospital, Educational Institution, or any other non-profit or governmental organization." This cooperative agreement will provide on-demand emergency debris management services if and when a local emergency is declared and approved by the City Council. Public Works will be able to determine the amount of the contract once federal and state funding is established. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 8 - Public Safety, Strategy B - Bolster City's emergency management preparedness and response plans to ensure seamless public safety response during crisis events. Approval of the cooperative agreement for disaster-related management services will allow the City of Huntington Beach to support public health and safety of our residents in the event of a significant disaster. For details, visit www.huntingtonbeachca.gov/strategicDlan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Cooperative Agreement for Disaster-Related Debris Management Services with DRC Pacific, Inc. 2. County of Orange Contract MA-080-22010092 3. PowerPoint Presentation City of Huntington Beach Page 2 of 2 Printed on 8/28/2024 powered LegistarTM COOPERATIVE AGREEMENT FOR DISASTER-RELATED DEBRIS MANAGEMENT SERVICES THIS AGREEMENT made and entered into this3'day of St 1ger' , 2024, by and between the City of Huntington Beach - 2000 Main St, Huntington Beach, CA 92648, a Charter City of the State of California(hereinafter referred to as "City"). WITNESSETH WHEREAS, on September 21, 2021, Orange County, California and the Orange County Flood Control District entered into a contract with DRC Pacific,Inc. (hereinafter referred to"Contractor" or "DRC"), designated as Contract No. MA-080-22010092, for Disaster-Related Debris Management Services after a competitive bidding process (hereinafter referred to as the "OC Contract"); and WHEREAS, the OC Contract at page 12 of 55, paragraph 16, allows the provisions and pricing of the OC Contract to be extended to other California local or state governmental entities; and WHEREAS, the City wishes to utilize the pre-negotiated prices and terms of the OC Contract; and, WHEREAS, it is in the public interest of the City to provide the expedient management of • disaster-related debris management throughout the City and to provide recovery technical assistance to the appointed and elected officials resulting from a natural or manmade disasters; and WHEREAS, Contractor has the experience, equipment,manpower, general ability and resources, as well as the necessary permits and licenses to perform all related disaster-debris management and other related services; and WHEREAS, for greater economy and efficiency and to benefit its citizens, the City wishes to contract DRC to provide the City with those services as set forth in the OC Contract. NOW,THEREFORE,the City and DRC, each through their authorized representative/official, agree as follows: 1. The recitals above form part of this agreement. 2. The OC Contract is adopted and incorporated herein by reference its entirety and forms part of this agreement. 3. DRC assumes toward the City all obligations that DRC assumes toward Orange County, California and the Orange County Flood Control District under the OC Contract. 4. City assumes toward DRC all obligations that Orange County, California and the Orange County Flood Control District assume toward DRC under the OC Contract. 5.DRC shall hold harmless the City from all claims, demands, actions or causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected with the use of the OC Contract. 1 IN WITNESS WHEREOF, and as the duly authorized act of the governing bodies, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and to be attested by their respective Clerks the day and year first above written. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: I `" Director of Public Works REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney n� AC EPTED BY: FIC, INC. Kr' Fue , ce Presi ent, Secretary, asurer COUNTERPART 22-11625/348130 2 IN WITNESS WHEREOF, and as the duly authorized act of the governing bodies, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and to be attested by their respective Clerks the day and year first above written. CITY OF HUNTINGTON BEACH, a municipal corporation of th tate of California Ma r City Clerk °l�(o/u4/4 " INITIATED AND APPROVED: Director of Public Works REVIEW ND APPR VED: City Manager APPROVED AS TO •RM: City Attorney (Le.- ACCEPTED BY: DRC PACIFIC, INC. Kristy Fuentes, Vice President 22-11625/348130 COUNTERPART 2 Switzer, Donna From: Whitecotton, Sarah Sent: Monday, September 9, 2024 8:47 AM To: Switzer, Donna Subject: FW: 9.3.24 Co-Op Agmt - Debris Mgt Attachments: 9.3.24 Co-Op Agmt for Disaster-Related Debris Mgt Services.pdf Here is the email I sent earlier! ,,,,, Sarah Whitecotton � Management Analyst`; Public Works 4, Office: (714)375-5070 sarah.whitecotton@surfcity-hb.org E-B 000 CITY OF HUNTINGTON BEACH 2000 Main Street,Huntington Beach,CA 92648 Privacy Notice: This message is intended only for the use of the individual to which it is addressed and may contain information that is privileged,confidential or exempt from disclosure under applicable Federal or State law. If the reader of this message is not the intended recipient,you are hereby notified that any distribution or copying of this communication is strictly prohibited.If you have received this email in error,please notify me immediately by telephone or return email and delete the original email and any copies thereof. Thank you. From: Whitecotton,Sarah Sent: Monday, September 9, 2024 6:43 AM To: Lisa Garcia Walsh<lwalsh@drcusa.com>;jsnow@drcusa.com Cc: Mettler, Brevyn<Brevyn.Mettler@surfcity-hb.org> Subject: FW: 9.3.24 Co-Op Agmt- Debris Mgt Please see our attached fully executed co-op agreement. - Sarah Whitecotton Management Analyst ��' Public Works Office:(714)375-5070 sarah.whitecotton(a7surfcity-hb.orq 1B000 CITY OF HUNTINGTON BEACH 2000 Main Street,Huntington Beach,CA 92648 Privacy Notice: This message is intended only for the use of the individual to which it is addressed and may contain information that is privileged,confidential or exempt from disclosure under applicable Federal or State law. If the reader of this message is not the intended recipient,you are hereby notified that any distribution or copying of this communication is strictly prohibited.If you have received this email in error,please notify me immediately by telephone or return email and delete the original email and any copies thereof. Thank you. 1 Attachment E CONTRACT MA-080-22010092 FOR DISASTER-RELATED DEBRIS MANAGEMENT SERVICES BETWEEN OC PUBLIC WORKS AND DRC PACIFIC, INC. 4s, County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 1 of 56 Attachment E CONTRACT MA-080-22010092 FOR • DISASTER-RELATED DEBRIS MANAGEMENT SERVICES WITH DRC PACIFIC,INC. THIS Contract MA-080-22010092 for Disaster-Related Debris Management Services("Contract") is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California and the Orange County Flood Control District,a body corporate and politic, (collectively referred to as "County") and DRC Pacific, Inc., with a place of business at 6702 Broadway Street,Galveston,TX 77554("Contractor"),with County and Contractor sometimes referred to as"Party"or collectively as"Parties." • ATTACHMENTS This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference in this Contract: Attachment A—Scope of Work Attachment B-Payment/Compensation Attachment C—Staffing Plan RECITALS WHEREAS, Contractor and County are entering into this Contract for Disaster-Related Debris Management Services under a firm fixed fee/usage Contract;and, WHEREAS, County solicited Contract for Disaster-Related Debris Management Services as set forth herein,and Contractor represented that it is qualified to provide Disaster-Related Debris Management Services to the County as further set forth here;and, WHEREAS, Contractor agrees to provide Disaster-Related Debris Management Services to the County as further set forth in the Scope of Work,attached hereto as Attachment A;and, WHEREAS, County agrees to pay Contractor based on the schedule of fees set forth in Payment/Compensation,attached hereto as Attachment B; and, WHEREAS,the County Board of Supervisors has authorized the Procurement Officer or designee to enter into a Contract for Disaster-Related Debris Management Services with the Contractor; and, NOW,THEREFORE,the Parties mutually agree as follows: ARTICLES • General Terms and Conditions: A. Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California.In the event of any legal action to enforce or interpret this Contract,the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County,California,and the parties hereto agree County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 2 of 5 Attachment E to and do hereby submit to the jurisdiction of such court,notwithstanding Code of Civil Procedure Section 394. Furthermore,the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county. B. Entire Contract: This Contract contains the entire Contract between the parties with respect to. the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions,alternatives,substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms,conditions or supplemental Contracts by any County employee or agent,including but not limited to installers of software,shall not be valid or binding on County unless accepted in writing by County's Procurement Officer or designee. C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;and no exceptions,alternatives,substitutes or revisions are valid or binding on County unless authorized by County in writing. D. Taxes: Unless otherwise provided herein or by law,price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices,if California sales tax is added and collectable. If no permit numbers are shown,sales tax will be deducted from payment. The Auditor-Controller will then pay use tax directly to the State of California in lieu of payment of sales tax to the Contractor. E. Delivery: Time of delivery of goods or services is of the essence in this Contract. County reserves the right to refuse any goods or services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed statement of work. Acceptance of any part of the order for goods shall not bind County to accept future shipments nor deprive it of the right to return goods already accepted at Contractor's expense. Over shipments and under shipments of goods shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by County. F. Acceptance Payment: Unless otherwise agreed to in writing by County; 1)acceptance shall not be deemed complete unless in writing and until all the goods/services have actually been received, inspected, and tested to the satisfaction of County, and 2)payment shall be made in arrears after satisfactory acceptance. G. Warranty: Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances,2)merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor's part to indemnify, defend and hold County and its indemnities as identified in article"Z,"and as more fully described in article"Z,"harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by County by reason of the failure of the goods/services to conform to such warranties,faulty work performance,negligent or unlawful acts, and non-compliance with any applicable state or federal codes,ordinances,orders, or statutes,including the Occupational Safety and Health Act(OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law. H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or County of Orange MA-080-22010092 OCPublic Works Disaster-Related Debris Management Services Page 3 of 56 Attachment E copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right,or trade secret right of any third party. Contractor agrees that,in accordance with the more specific requirement contained in article"Z"below,it shall indemnify,defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including,costs and expenses but not including attorney's fees. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of County. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract. J. Non-Discrimination: In the performance of this Contract, Contractor agrees that it will comply - with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race,religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code. K. Termination: In addition to any other remedies or rights it may have by law,County has the right _ to immediately terminate this Contract without penalty for cause or after 30 days' written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of the Contractor. Exercise by County of its right to terminate the Contract shall relieve County of all further.obligation. In the event of change of control, to the extent necessary, Contractor shall provide reasonably requested assistance in the transferring of services. L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and no breach excused,unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to,or waiver of,a breach by the other,whether express or implied,shall not constitute consent to,waiver of,or excuse for any other different or subsequent breach. M. Independent Contractor: Contractor shall be considered an independent contractor and neither Contractor,its employees,nor anyone working under Contractor shall be considered an agent or an employee of County. Neither Contractor,its employees nor anyone working under Contractor shall qualify for workers'compensation or other fringe benefits of any kind through County. N. Performance Warranty: Contractor shall warrant all work under this Contract,taking necessary steps and precautions to perform the work to County's satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor,supervision,machinery,equipment,materials,and supplies,shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity,in connection with performance County of Orange MA-080-22010092 OCPublic Works Disaster-Related Debris Management Services - Page 4 of S Attachment E of the work.If permitted to subcontract,Contractor shall be fully responsible for all work performed by subcontractors. O. Insurance Requirements: Prior to the provision of services under this Contract,the Contractor agrees to purchase all required insurance at Contractor's expense,including all endorsements required herein,necessary to satisfy the County that the insurance provisions of this Contract have been complied with. Contractor agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on deposit with the County during the entire term of this Contract. In addition,all subcontractors performing work on behalf of Contractor pursuant to this Contract shall obtain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant to this Contract shall be covered under Contractor's insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Contractor under this Contract. It is the obligation of Contractor to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Contractor through the entirety of this Contract for inspection by County representative(s)at any reasonable time. All self-insured retentions(SIRs)shall be clearly stated on the Certificate of Insurance. Any self- insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically be approved by the County's Risk Manager,or designee,upon review of Contractor's current audited financial report. If Contractor's SIR is approved, Contractor, in addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to all of the following: 1) In addition to the duty to indemnify and hold the County harmless against any and all liability, claim, demand or suit resulting from Contractor's, its agents, employee's or subcontractor's performance of this Contract, Contractor shall defend the County at its sole cost and expense with counsel approved by Board of Supervisors against same; and 2) Contractor's duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless;and 3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies,and the Contractor's SIR provision shall be interpreted as though the Contractor was an insurer and the County was the insured. If the Contractor fails to maintain insurance acceptable to the County for the full term of this Contract,the County may terminate this Contract. Qualified Insurer The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M.Best's Rating)and VDT(Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred,but not mandatory,that the insurer be licensed to do business in the state of California(California Admitted Carrier). County of Orange MA-080-22010092 OCPublic Works Disaster Related Debris Management Services Page 5 of Attachment E If the insurance carrier does not have an A.M.Best Rating of A-/VIII,the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as set forth below: Coverage Minimum Limits Commercial General Liability $5,000,000 per occurrence $5,000,000 aggregate Automobile Liability including coverage $1,000,000 per occurrence for owned,non-owned and hired vehicles Workers Compensation Statutory Employers Liability Insurance $1,000,000 per occurrence Pollution Liability* $5,000,000 per claims-made, or occurrence Required Coverage Forms The Commercial General Liability coverage shall be written on Insurance Services Office(ISO) form CG 00 01,or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01,CA 00 05,CA 0012,CA 00 20,or a substitute form providing coverage at least as broad. Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: 1) An Additional Insured endorsement using ISO form CG 20 26 04 13or a form at least as broad naming the County of Orange and Orange County Flood Control District their elected and appointed officials, officers, agents and employees as Additional Insureds, or provide blanket coverage,which will state AS REQUIRED BY WRITTEN CONTRACT 2) A primary non-contributing endorsement using ISO form CG 20 01 0413,or a form at least as broad evidencing that the Contractor's insurance is primary and any insurance or self- insurance maintained by the County of Orange shall be excess and non-contributing. The Pollution Liability policy shall contain the following endorsements,which shall accompany the Certificate of Insurance: 1) An Additional Insured endorsement naming the County of Orange, its elected and appointed officials,officers,employees and agents as Additional Insureds. County of Orange MA-080-22010092 OCPublic Works Disaster-Related Debris Management Services Page 6 of 66 Attachment E 2) A primary non-contributing endorsement evidencing that the Contractor's insurance is primary and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing. The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange and Orange County Flood Control District,. their elected and appointed officials,officers,agents and employees or provide blanket coverage, - which will state AS REQUIRED BY WRITTEN CONTRACT. All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange and Orange County Flood Control District,their elected and appointed officials, officers,agents and employees when acting within the scope of their appointment or employment. Contractor shall notify County in writing within thirty(30)days of any policy cancellation and ten (10) days for non-payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract. If Contractor's Pollution Liability is "Claims-Made" policy, Contractor shall agree to maintain coverage for two(2)years following the completion of the Contract. The Commercial General Liability policy shall contain a severability of interests clause also known as a"separation of insureds"clause(standard in the ISO CG 0001 policy). Insurance certificates should be forwarded to the agency/department address listed on the solicitation. If the Contractor fails to provide the insurance certificates and endorsements within seven(7) days of notification by CEO/Purchasing or the agency/department purchasing division,award may be made to the next qualified vendor. County expressly retains the right to require Contractor to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County. County shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable Certificates of Insurance and endorsements with County incorporating such changes within thirty(30)days of receipt of such notice,this Contract may be in breach without further notice to Contractor,and County shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract,nor act in any way to reduce the policy coverage and limits available from the insurer. P. Changes: Contractor shall make no changes in the work or perform any additional work without • the County's specific written approval. Q. Change of Ownership/Name,Litigation Status,Conflicts with County Interests: Contractor agrees that if there is a change or transfer in ownership of Contractor's business prior to completion of this Contract, and the County agrees to an assignment of the Contract,the new owner(s) shall be required under the terms of sale or other instruments of transfer to assume County of Orange MA-080-22010092 OCPublic Works Disaster Related Debris Management Services Page 7 of 513 Attachment E Contractor's duties and obligations contained in this Contract,and complete them to the satisfaction of the County. County reserves the right to immediately terminate the Contract in the event the County determines that the assignee is not qualified or is otherwise unacceptable to the County for the provision of services under the Contract. In addition,Contractor has the duty to notify the County in writing of any change in the Contractor's status with respect to name changes that do not require an assignment of the Contract. The Contractor is also obligated to notify the County in writing if the Contractor becomes a party to any litigation against the County, or a party to litigation that may reasonably affect the Contractor's performance under the Contract, as well as any potential conflicts of interest between Contractor and County that may arise prior to or during the period of Contract performance.While Contractor will be required to provide this information without prompting from the County any time there is a change in Contractor's name,conflict of interest or litigation status, Contractor must also provide an update to the County of its status in these areas whenever requested by the County. The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with County interests. In addition to the Contractor,this obligation shall apply to the Contractor's employees,agents,and subcontractors associated with the provision of goods and services provided under this Contract. The Contractor's efforts shall include,but not be limited to establishing rules and procedures preventing its employees,agents,and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers in the performance of their duties. R. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control,provided Contractor gives written notice of the cause of the delay to County within 36 hours of the start of the delay and Contractor avails himself of any available remedies. S. Confidentiality: Contractor agrees to maintain the confidentiality of all County and County- related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor's staff,agents and employees. T. Compliance with Laws: Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively "laws"), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by County. Contractor acknowledges _ that County is relying on Contractor to ensure such compliance, and pursuant to the requirements of article "Z," below, Contractor agrees that it shall defend, indemnify and hold County and County INDEMNITEES harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws. U. Freight: Prior to the County's express acceptance of delivery of products. Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 8 of 56 Attachment E V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid,void,or unenforceable,the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected,impaired or invalidated thereby. W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney's fees,costs and expenses. X. Interpretation: This Contract has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition,each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them,or both. Accordingly,any rule or law(including California Civil Code Section 1654)or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to effect the purpose of the parties and this Contract. Y. Employee Eligibility Verification: The Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. The Contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. The Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. The Contractor shall indemnify, defend with counsel approved in writing by.County, and hold harmless, the County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the Contractor or the County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract. Z. Indemnification: Contractor agrees to indemnify, defend with counsel approved in writing by County, and hold County of Orange and Orange County Flood Control District, their elected and appointed officials,officers,agents and employees,and those special districts and agencies which County's Board of Supervisors acts as the governing Board("County Indemnitees")harmless from any claims,demands or liability of any kind or nature,including but not limited to personal injury or property damage,arising from or related to the services,products or other performance provided by Contractor pursuant to this Contract. If judgment is entered against Contractor and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, Contractor and County agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. AA. Audits/Inspections: Contractor agrees to permit the County's Auditor-Controller or the Auditor- Controller's authorized representative(including auditors from a private auditing firm hired by the County)access during normal working hours to all books,accounts,records,reports,files,financial records,supporting documentation,including payroll and accounts payable/receivable records,and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of the Contract including, but not limited to, the costs of County of Orange MA-080-22010092 OC Public Works Disaster Related Debris Management Services Page 9 of 56 Attachment E administering the Contract. The County will provide reasonable notice of such an audit or inspection. The County reserves the right to audit and verify the Contractor's records before final payment is made. Contractor agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to the County to audit records and interview staff of any subcontractor related to performance of this Contract. Should the Contractor cease to exist as a legal entity, the Contractor's records pertaining to this Contract shall be forwarded to the County's project manager. BB. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon state budget approval;receipt of funds from,and/or obligation of funds by, the state of California to County; and inclusion of sufficient funding for the services hereunder in the budget approved by County's Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming,or are otherwise limited, County may immediately terminate or modify this Contract without penalty. CC. Expenditure Limit: The Contractor shall notify the County of Orange assigned DPA in writing when the expenditures against the Contract reach 75 percent of the dollar limit on the Contract. The County will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on the Contract unless a change order to cover those costs has been issued. Amendment No. 2 DD. Levine Act Requirements: Contractor agrees to comply with Government Code Section 84308. Contractor further agrees to disclose to the County any contribution made to any members of the Board of Supervisors or County Agency Officers by Contractor,Contractor's agent or lobbyist,or, if applicable, any subcontractor(s) for the twelve (12) months prior to and twelve (12) months following the approval,renewal„or extension of this Contract. Additional Terms and Conditions: Scope of Contract: This Contract specifies the contractual terms and conditions by which the County will procure Disaster-Related Debris Management Services from Contractor as further detailed in the Scope of Work, identified and incorporated herein by this reference as"Attachment A". 2. Term of Contract: The term of this Contract shall be effective upon execution of all authorized signatures or approval by the Orange County Board of Supervisors, whichever occurs later, and shall continue for three(3)years from that date unless otherwise terminated as provided herein. Amendment No.2 Contract shall be renewed for two(2)years from November 23,2024 through November 22,2026, unless otherwise terminated as provided herein. County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 10of513 Attachment E 3. Renewal: This Contract may be renewed upon expiration of the initial term, for a two-year renewable term, upon mutual agreement of both parties. The County is not obligated to give a reason or notice if it elects not to renew. Renewal amendments may require County Board of Supervisors approval. 4. Aggregate Contract: This is an Aggregate Contract with DRC Pacific,Inc. and AshBritt,Inc. 5. Adjustments—Scope of Work: No adjustments made to the Scope of Work will be authorized without prior written approval of the County assigned DPA. 6. Breach of Contract: The failure of the Contractor to comply with any of the provisions,covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may,and in addition to any other remedies available at law,in equity,or otherwise specified in this Contract: a) Terminate the Contract immediately,pursuant to Section K herein; b) Afford the Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c) Discontinue payment to the Contactor for and during the period in which the Contractor is in breach;and d) Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above. 7. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil. Rights Act of 1964, as amended, Section 504 of the - Rehabilitation Act of 1973,as amended;the Age Discrimination Act of 1975 as amended;Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification,age,religion,marital status,sex or disability. 8. Conflict of Interest—Contractor's Personnel: The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the County. This obligation shall apply to the Contractor; the Contractor's employees, agents, and subcontractors associated with accomplishing work and services hereunder. The Contractor's efforts shall include,but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of the County. 9. Conflict of Interest— County Personnel: The County of Orange.Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. The Contractor shall not,during the period of this Contract,employ any County employee for any purpose. 10. Contractor's Project Manager and Key Personnel: Contractor shall appoint a Project Manager to direct the Contractor's efforts in fulfilling Contractor's obligations under this Contract. This Project Manager shall be subject to approval by the County and shall not be changed without the written consent of the County's Project Manager, which consent shall not be unreasonably withheld. County of Orange MA-080-22010092 OCPublic Works Disaster-Related Debris Management Services Page 11 of 56 Attachment E The Contractor's Project Manager shall be assigned to this project for the duration of the Contract and shall diligently pursue all work and services to meet the project time lines. The County's Project Manager shall have the right to require the removal and replacement of the Contractor's Project Manager from providing services to the County under this Contract. The County's Project Manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within five(5)business days after written notice by the County's Project Manager. The County's Project Manager shall review and approve the appointment of the replacement for the Contractor's Project Manager. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor's Project Manager from providing further services under the Contract. 11. Contractor Personnel—Reference Checks: The Contractor warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to adequately perform the work under this Contract. Contractor's employees assigned to this project - must meet character standards as demonstrated by background investigation and reference checks, coordinated by the agency/department issuing this Contract. 12. Contractor's Expense: The Contractor will be responsible for all costs related to photo copying, - telephone communications, fax communications, and parking while on County sites during the performance of work and services under this Contract. The County will not provide free parking for any service in the County Civic Center. 13. Contractor Personnel — Uniform/Badges/Identification: The Contractor warrants that all persons employed to provide service under this Contract have satisfactory past work records - indicating their ability to accept the kind of responsibility under this Contract. All Contractor's employees shall be required to wear uniforms, badges, or other means of identification which are to be furnished by the Contractor and must be work at all times while working on County property. The assigned DPA must be notified in writing,within seven(7)days of notification of award of Contract of the uniform and/or badges and/or other identification to be worn by employees prior to beginning work and notified in writing seven (7) days prior to any changes in this procedure. 14. Contractor's Records: The Contractor shall keep true and accurate accounts,records,books and data which shall correctly reflect the business transacted by the Contractor in accordance with generally accepted accounting principles. These records shall be stored in Orange County for a period of three (3) years after final payment is received from the County. Storage of records in another county will require written approval from the County of Orange assigned DPA. 15. Conditions Affecting Work: The Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to the County. The County assumes no responsibility for any understanding or representations concerning the nature,location(s)or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by the County are expressly stated in the Contract. perativle. gree „t: Tl.e nd pr. California local or state-governmental entitieo Go�T County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 12 of SO Attachment E negotiated prices and terms in this Contract will be responsible for issuing their own purchase documents/contracts, providing for their own acceptance, and making any subsequent payments. !'ontract„ shall be 0 e tom, cl„de „t act ente a nt„ with. oth department or entity that is entered into and incorporates by reference the pre negotiated prices and claims, demands, actions or causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected with the use of this Contract. Failure to do so will be considered a material breach of this Contract by Contractor and grounds for immediate Contract b of usage by other users of this Contract. Contract. The list shall report dollar volumes spent annually and shall be provided on an annual basis to the County,at the County's request. 16. Cooperative Agreement The provisions and pricing of this Contract may be extended, at the option of Contractor,to any Municipal,County, Public Utility, Hospital, Educational institution, or any other non-profit or governmental organization (the '`Cooperative Program"). Parties in a Cooperative Program wishing to use this Contract will be responsible for issuing their own purchase documents f price agreements, providing for their own acceptance, and making any subsequent payments. Contractor shall be required to include in any agreement entered into with another agency or entity that is entered into pursuant to the provisions and pricing of this Contract a clause that binds the parties to the agreement to "indemnify, defend with counsel approved in writing by the County of Orange,California("County"),and hold County,its elected and appointed =i.. officials,officers,employees,agents and those special districts and agencies which County's Board of Supervisors acts as the governing Board ("County Indemnitees") harmless from any claims, demands or liability of any kind or nature,including but not limited to personal injury or property damage,arising from or related to the services,products or other performance provided"under the agreement Failure to so include this clause voids the Contract's extension to a Cooperative Program and will be considered a material breach of this Contract and grounds for immediate Contract termination. The cooperative entities are responsible for obtaining all certificates of insurance and bonds required.,The County of Orange makes no guarantee of usage by other users of'this Contract. As a cost-recoverymechanism for County,a 2 percent administrative rebate on total sales from all subordinate contracts will be paid to the County for any contracts the Contractor agrees to enter into with another agency or entity,other than the County of Orange or a department thereof,under the provisions and pricing of this Contract. The County has partnered with Pavilion, a third-party administrator, responsible for managing all reporting and payments under this Cooperative Program. The Contractor shall provide quarterly Volume Sales Reports about additional sales to other entities under the provisions and pricing of this Contract. The Reports shall include the ordering agency, detail of items sold including description,quantity, and price; and shall include. all transactions pertaining to sales under the Contract provisions and pricing for that Reporting Period. Contractor shall provide the Volume Sales Reports regardless of whether or not any sales have been conducted.;Failure of the Contractor to provide quarterly reports as required may be deemed by the County as a material breach of the Contract. A late penalty of 15 percent on the value of the rebate may be assessed to the Contractor for each month the payments are not received. County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 13 of 56 Attachment E 17. County of Orange Disabled Veteran Business Enterprise Preference Requirements: Contractor certifies it is in compliance with County of Orange Disabled Veteran Business Enterprise Preference requirements at the time this Contract is executed. 18. County of Orange Local Small Business Preference Requirements: Contractor certifies it is in compliance with County of Orange Local Small Business Preference requirements at the time this Contract is executed. 19. County's Safety and Loss Prevention Resource Manual: Contractor shall comply with the County's Safety and Loss Prevention Resource Manual and submit a copy of their Injury and Illness Prevention Program(IIPP) to the County's Project Manager prior to the start of the project. The IIPP shall met the minimum requirement of California Code of Regulations,Title 8, Section 1509 or 3203. Contractor shall submit other safety programs that pertain to the type of job that will be performed on site. 20. Data—Title To: All materials, documents, data or information obtained from the County data files or any County medium furnished to the Contractor in the performance of this Contract will at all times remain the property of the County. Such data or information may not be used or copied for direct or indirect use by the Contractor after completion or termination of this Contract without the express written consent of the County. All materials,documents,data or information,including copies,must be returned to the County at the end of this Contract. 21. Default — Reprocurement Costs: In case of Contract breach by Contractor, resulting in termination by the County,the County may procure the goods and/or services from other sources. If the cost for those goods and/or services is higher than under the terms of the existing Contract, Contractor will be responsible for paying the County the difference between the Contract cost and the price paid, and the County may deduct this cost from any unpaid balance due the Contractor. The price paid by the County shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law. 22. Disputes—Contract: The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is _. not disposed of in a reasonable period of time by the Contractor's Project Manager and the County's Project Manager,as specified in Article 30"Notices,"such matter shall be brought to the attention of the County DPA by way of the following process: a. The Contractor shall submit to the agency/department assigned DPA a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to,or involving this Contract,unless the County,on its own initiative,has already rendered such a final decision. b. The Contractor's written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract,the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith,that the supporting data are accurate and complete,and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable. Pending the final resolution of any dispute arising under,related to,or involving this Contract,the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor's failure to diligently proceed shall be considered a material breach of this Contract. County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 14 of 56 Attachment E Any final decision of the County shall be expressly identified as such,shall be in writing,and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor's demand, it shall be deemed a final decision adverse to the Contractor's contentions. Nothing in this section shall be construed as affecting the County's right to terminate the Contract for cause or termination for convenience as stated in Article K herein. 23. Drug-Free Workplace: The Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The Contractor will: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1). b. Establish a drug-free awareness program as required by Government Code Section 8355(a)(2)to inform employees about all of the following: i. The dangers of drug abuse in the workplace; ii. The organization's policy of maintaining a drug-free workplace; iii. Any available counseling,rehabilitation and employee assistance programs;and iv. Penalties that may be imposed upon employees for drug abuse violations. c. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract: i. Will receive a copy of the company's drug-free policy statement;and H. Will agree to abide by the terms of the company's statement as a condition of employment under this Contract. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the Contract or both,and the Contractor may be ineligible for award of any future County contracts if the County determines that any of the following has occurred: 1. The Contractor has made false certification,or 2. The Contractor violates the certification by failing to carry out the requirements as noted above. 24. EDD Independent Contractor Reporting Requirements: Effective January 1,2001,the County of Orange is required to file in accordance with subdivision(a) of Section 6041A of the Internal Revenue Code for services received from a"service provider"to whom the County pays $600 or more or with whom the County enters into a contract for$600 or more within a single calendar year. The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations. The term "service provider" is defined in California Unemployment Insurance Code Section 1088.8, subarticle B.2 as "an individual who is not an employee of the service recipient for California purposes and who received compensation or executes a contract for services performed County of Orange MA-080-22010092 OCPublic Works Disaster-Related Debris Management Services Page 15 of 56 Attachment E for that service recipient within or without the state." The term is further defined by the California Employment Development Department to refer specifically to independent Contractors. An independent Contractor is defined as"an individual who is not an employee of the... government entity for California purposes and who receives compensation or executes a contract for services performed for that...government entity either in or outside of California." The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships,and limited liability companies. Additional information on this reporting requirement can be found at the California Employment Development Department web site located at http://www.edd.ca.gov/Employer_Services.htm 25. Emergency/Declared Disaster Requirements: In the event of an emergency or if Orange County is declared a disaster area by the County, state or federal government, this Contract may be subjected to unusual usage. The Contractor shall service the County during such an emergency or - declared disaster under the same terms and conditions that apply during non-emergency/disaster conditions. The pricing quoted by the Contractor shall apply to serving the County's needs regardless of the circumstances. If the Contractor is unable to supply the goods/services under the terms of the Contract,then the Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from the Contractor's supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster,emergency purchase order numbers will be assigned. All applicable invoices from the Contractor shall show both the emergency purchase order number and the Contract number. 26. Errors and Omissions: All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as Project Manager and key personnel attached hereto, prior to submission to the County. Contractor agrees that County review is discretionary, and Contractor shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Contractor's reports, files and other written documents,the reports, files or documents will be returned to Contractor for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after County approval thereof; County approval of Contractor's reports, files or documents shall not be used as a defense by Contractor in any action between the County and Contractor,and the reports,files or documents will be returned to Contractor for correction. 27. Equal Employment Opportunity: The Contractor shall comply with U.S.Executive Order 11246 entitled, "Equal Employment Opportunity" as amended by Executive Order 11375 and as _ supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future. The Contractor shall not discriminate against any employee or applicant for employment on the basis of race,color,national origin,ancestry,religion,sex,marital status,political affiliation or physical or mental condition. Regarding handicapped persons, the Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment,upgrading, promotions,transfers,recruitments,advertising,layoffs,terminations,rate of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 16 of 56 • Attachment E comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973,as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977,as may now exist or be amended in the future. Regarding Americans with disabilities,Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future. 28. Follow-On Work—Service Contract: No person,firm,subsidiary or subcontractor of a firm that has been awarded a consulting services contract or a contract which includes a consulting component may be awarded a Contract for the performance of services,the purchase of goods or • supplies,or the provision of any other related action which arises from or can reasonably be deemed an end-product of work performed under the initial consulting to consulting-related Contract. 29. News/Information Release: The Contractor agrees that it will not issue any news releases in - connection with either the award of this Contract or any subsequent amendment of or effort under - this Contract without first obtaining review and written approval of said news releases from the County through the County's Project Manager. 30. Notices: Any and all notices,requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the assigned DPA, except through the course of the parties' project managers' routine exchange of information and cooperation during the terms of the work and services. Any written - - communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand,or upon delivery on the actual day of receipt or no greater than four(4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid. Contractor: DRC Pacific,Inc. Attn:Kristy Fuentes 6702 Broadway Street Galveston,TX 77554 Phone: 888-721-4372 Email:Kfuentes@drcusa.com County's Project Manager: County of Orange/OC Operations&Maintenance Attn: Trevor Richardson 2301 N. Glassell St. Orange,CA 92865 Phone: 714-955-0234 Email: Trevor.Richardson@ocpw.ocgov.com cc: OC Public Works/Procurement Services Attn:Richard Nguyen,County DPA 601 N.Ross St. Santa Ana,CA 92701 Phone:714-667-9633 County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 17 of 511 Attachment E Email: Richard.Nguyen@u,ocpw.ocgov.com 31. Precedence: The Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among the Contract documents,the order of precedence shall be the provisions of the main body of this.Contract,i.e.,those provisions set forth in the recitals and articles of this Contract,and then the exhibits and attachments. 32. Royalties: The County will not pay royalties as a result of work performed under this Contract. All written work resulting from this Contract shall be the property of the County of Orange, and any copyrights associated with that work shall belong to the County of Orange and shall be so designated on the written materials. 33. Termination— Orderly: After receipt of a termination notice from the County of Orange, the Contractor may submit to the County a termination claim, if applicable. Such claim shall be submitted promptly,but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by the County upon written request of the Contractor. Upon termination County agrees to pay the Contractor for all services performed prior to termination which meet the requirements of the Contract, provided, however, that such compensation combined with previously paid compensation shall not exceed the total compensation set forth in the Contract. Upon termination or other expiration of this Contract,each party shall promptly return to the other party all papers,materials,and other properties of the other held by each for purposes of performance of the Contract. 34. Usage: No guarantee is given by the County to the Contractor regarding usage of this Contract. Usage figures, if provided, are approximations. The Contractor agrees to supply services and/or commodities requested, as needed by the County of Orange, at rates/prices listed in the Contract, regardless of quantity requested. 35. Usage Reports: The Contractor shall submit usage reports on an annual basis to the assigned DPA of the County of Orange user agency/department. The usage report shall be in a format specified by the user agency/department and shall be submitted 90 days prior to the expiration date of the contract term,or any subsequent renewal term,if applicable. 36. Subcontracting:No performance of this Contract or any portion thereof may be subcontracted by the Contractor without the express written consent of the County. Any attempt by the Contractor to subcontract any performance of this Contract without the express written consent of the County shall be invalid and shall constitute a breach of this Contract. In the event that the Contractor is authorized by the County to subcontract,this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor,and shall incorporate by reference the terms of this Contract The County shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor.All work performed by a subcontractor must meet the approval of the County of Orange. 37. Project Manager,County: The County shall appoint a Project Manager to act as liaison between the County and the Contractor during the term of this Contract. The County's Project Manager shall coordinate the activities of the County staff assigned to work with the Contractor. The County's Project Manager shall have the right to require the removal and replacement of the Contractor's Project Manager and key personnel. The County's Project Manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within three(3) business days after written notice from the County's Project Manager. The County's Project Manager shall review and approve the appointment of the replacement for the Contractor's Project County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services 519 Attachment E Manager and key personnel. Said approval shall not be unreasonably withheld.The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor's Project Manager from providing further services under the Contract. 38. Mandatory Kick-Off Meeting: Upon award of this Contract, the awarded Contractor(s) shall attend a mandatory kick-off meeting with County representatives to discuss important information related to the scope of work,the Contract,and the invoice payment process. A quarterly check-in meeting will be required to review any issues with the Contract. 39. Prevailing Wage: a. Threshold Requirements for Prevailing Wages: Except for public works projects of one thousand dollars ($1,000) or less,not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed,and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter,shall be paid to all workers employed on public works. b. Wage Rates: Contractor shall post a copy of the wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum.Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,the Board of Supervisors has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft,classification,or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. These rates are on file with the Clerk of the Board of Supervisors. Copies may be obtained at cost at the office of County's OC Public Works/OC Facilities&Asset Management/A&E Project Management or visit the website of the Department of Industrial Relations,Prevailing Wage Unit at www.dir.ca.gov/DLSR/PWD.The Contractor shall comply with the provisions of Sections 1774, 1775, 1776 and 1813 of the Labor Code. c. Apprenticeship Requirements: The Contractor shall comply with Section 230.1(A), California Code of Regulations as required by the Department of Industrial Relations,Division of Apprenticeship Standards by submitting DAS Form to the Joint Apprenticeship Committee of the craft or trade in the area of the site. d. Registration of Contractor: All contractors and subcontractors must comply with the requirements of Labor Code Section 1771.1(a),pertaining to registration of contractors pursuant to Section 1725.5. Bids cannot be accepted from unregistered contractors except as provided in Section 1771.1. This project is subject to compliance monitoring and enforcement by the • Department of Industrial Relations.After award of the contract,Contractor and each Subcontractor shall furnish electronic payroll records directly to the Labor Commissioner in the manner specified in Labor Code Section 1771.4. Prevailing Wage and DIR Requirement: Awarding agencies are not required to submit the notice of contract award through DIR's PWC-100 system on projects that fall within the small project exemption. The small project exemption applies for all public works projects that do not exceed: • $25,000 for new construction,alteration,installation,demolition or repair • $15,000 for maintenance If the project meets or exceeds these amounts,the County and the Contractor are required to register the project with the California Department of Industrial Relations. County of Orange MA-080-22010092 OC Public Works Disaster Related Debris Management Services Page 19 of S Attachment E e. Payroll Records: Contractor and any Subcontractor(s) shall comply with the requirements of Labor Code Section 1776. Such compliance includes the obligation to furnish the records specified in Section 1776 directly to the Labor Commissioner in an electronic format, or other format as specified by the Commissioner, in the manner provided by Labor Code Section 1771.4. The requirements of Labor Code Section 1776 provide,in summary: i. Contractor and any Subcontractor(s)performing any portion of the work under this Contract shall keep an accurate record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman,apprentice,worker,or other employee employed by Contractor or any Subcontractor(s) in connection with the work. ii. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury,stating both of the following: 1.The information contained in the payroll record is true and correct;and, 2.The employer has complied with the requirements of Labor Code Sections • 1771, 1811, and 1815 for any work performed by his or her employees in connection with the Contract. iii. The payroll records shall be certified and shall be available for inspection at the principal office of Contractor on the basis set forth in Labor Code Section 1776. iv. Contractor shall inform County of the location of the payroll records, including the street address,city and county,and shall,within five(5)working days,provide a notice of any change of location and address of the records. v. Pursuant to Labor Code Section 1776,Contractor and any Subcontractor(s)shall have 10 days in which to provide a certified copy of the payroll records subsequent to receipt of a written notice requesting the records described herein.In the event that Contractor or any Subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to County,forfeit$100, or a higher amount as provided by Section 1776,for. each calendar day, or portion thereof, for each worker to whom the noncompliance pertains,until strict compliance is effectuated. Contractor acknowledges that,without limitation as to other remedies of enforcement available to County,upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the California Department of Industrial Relations,such penalties shall be withheld from progress payments then due Contractor. Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. vi. Contractor and any Subcontractor(s) shall comply with the provisions of Labor Code Sections 1771 et seq., and shall pay workers employed on the Contract not less than the general prevailing rates of per diem wages and holiday and overtime wages as determined by the Director of Industrial Relations.Contractor shall post a copy of these wage rates at the job site for each craft,classification,or type of worker needed in the performance of this Contract, as well as any additional job site notices required by Labor Code Section 1771.4(b). Copies of these rates are on file at the principal office County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 20 of 50 Attachment E of County's representative, or may be obtained from the State Office,Department of Industrial Relations ("DIR") or from the DIR's website at www.dir.ca.gov. If the Contract is federally funded, Contractor and any Subcontractor(s) shall not pay less than the higher of these rates or the rates determined by the United States Department of Labor. Work Hour Penalty: Eight (8) hours of labor constitute a legal day's work, and forty hours constitute a legal week's work. Pursuant to Section 1813 of the Labor Code of the State of California, the Contractor shall forfeit to the County Twenty Five Dollars ($25) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than the legal day's or week's work,except that work performed by employees of said Contractor and subcontractors in excess of the legal limit shall be permitted without the foregoing penalty upon the payment of compensation to the workers for all hours worked in excess of eight hours per day of not less than 1-1/2 times the basic rate of pay. g. Apprentices: The Contractor acknowledges and agrees that, if this Contract involves a . dollar amount greater than or a number of working days greater than that specified in Labor Code Section 1777.5,this Contract is governed by the provisions of Labor Code Section 1777.5. It shall be the responsibility of the Contractor to ensure compliance with this Article and with Labor Code Section 1777.5 for all apprenticeable occupations. Pursuant to Labor Code Section 1777.5 if that Section applies to this Contract as indicated - above, the Contractor and any subcontractors under him employing workers in any apprenticeable craft or trade in performing any work under this Contract shall apply to the applicable joint apprenticeship committee for a certificate approving the Contractor or subcontractor under the applicable apprenticeship standards and fixing the ratio of apprentices to journeymen employed in performing the work. Pursuant to Labor Code Section 1777.5 if that Section applies to this Contract as indicated above, he Contractor and any subcontractor under him may be required to make contributions to the apprenticeship program. The Contractor and all subcontractors under him shall comply with Labor Code Section 1777.6 which Section forbids certain discriminatory practices in the employment of apprentices. 40. Payment and Performance Bonds: A payment bond and performance is required for a public works contract involving expenditure in excess of twenty-five thousand dollars ($25,000) and no - work can be commenced prior to both bonds being approved the County. The Contractor shall furnish, at time of signing the Contract, one surety bond which shall protect the laborers and material men and shall be for$60,000,in accordance with Section 9554 of the Civil Code,and one surety bond in the amount of$60,000,guaranteeing the faithful performance of the Contract. If at any time the value of the total task orders is expected to exceed $60,000, the Contractor shall furnish, in a manner acceptable to the County, evidence that the Contractor is bonded to the expected total value of outstanding task orders for both the faithful performance and - laborers and material men bonds. Contractor shall not be entitled to,nor shall County authorize, task orders when the total outstanding value of the task orders under this contract exceeds the bond values for which the County is an obligee. Said bonds to be approved by the office of the County Counsel and the County Executive Office of Orange County. Such bonds shall be the forms provided in these specifications and issued and executed by an admitted surety insurer(authorized County of Orange MA-080-22010092 OC Public Works Disaster Related Debris Management Services Page 21 of 513 Attachment E to transact surety insurance in California). (e.g., if the bonds are issued through a surplus line broker,both the surplus line broker and the insurer with whom he is doing business for purposes of this project must be licensed in California to issue such bonds.) The faithful performance bond shall be issued by a Surety company with a minimum insurance - rating of A-(Secure Best's Rating)and VIII(Financial Size Category)as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com. The Surety Company must also be authorized to write in California by the Department of the Treasury,and must be listed on the most current edition of the Department of Treasury's Listing of Approved Securities. If any surety upon any bond furnished in connection with this Contract becomes unacceptable to the County, or if any such surety fails to furnish reports as to his financial condition from time to time as requested by OC Public Works, the Contractor shall promptly furnish such additional security as may be required by OC Public Works or the Board of Supervisors from time to time to protect the interests of the County and of persons supplying labor or materials in the prosecution of the Work contemplated by this Contract. Signature Pane Follows County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 22 of S Attachment E Signature Page iPa 9 ' ***H T,',,tlt t? i £n a c5i*j*A*�a�m an£j;Cg r9P.q (np tJ?*:*s e h l PAGi 'IOTNe44 tl'T sylr'u n nd -K�schy't�u�rdtes �resa�c S"e a �mr��.st1 ... '�Y,T11aDIO 5..b� j'4 rWs f A ` • • 1 j 1 • 'COVNTY O ORANG:* *40isioi ,f i`$$ L C t . tfe n:Her^rxani ez'•. r Furstrat`toI�ornasCctatat�d e'd Strt 3I . Gomctor r # t#�ca, riaturC are re 1r&acne` �i aiurcby thet &m of` � 3oard tiie�'rts etrtorany i+r htesicl iiE�and ane? s�gnst . • by y'ec tars;a ey. ssI Secre£as Ehe e namcrar cesaT�n tss a `rreasurer�Ie It ernat e . single r ac£tr r tc s�tiatt rs� Te� accbrep ni d 1 ?. n+arpvra t o 4o g € Imo; aria othe setur�y* o bin the corca . .. • • • County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 23 of S Attachment E ATTACHMENT A SCOPE OF WORK 1. Background The Silverado/Modjeska Canyons and Freeway Complex Fires created a need for collaboration amongst the County of Orange,Orange County Flood Control District and Orange County cities to take proactive measures in disaster response and recovery service. The County, in collaboration with Orange County Flood Control District and Orange County cities,is considering development of a multi jurisdictional disaster-related debris management plan for disaster response and recovery service.The disaster-related debris management plan will support the current mutual aid agreement commitments between the County and Orange County Flood Control District and Orange County cities. The County's disaster-related debris management plan addresses the collection, processing and disposal of the volumes and variety of debris expected to be generated by a major disaster such as an earthquake,major wildfire, storm or any other natural and/or man-made disaster. The purpose of the County's disaster-related debris management plan is to ensure timely,coordinated recovery operations, including removal of debris from public property and rights-of-way throughout the County unincorporated areas and collaborating cities using a combination of County, city and contractor forces. The County's objective is to retain contractual resources(Contractor)but County reserves the right to use the County's and participating cities' forces and equipment.The Contractor must have the capacity to manage a major workforce and to cover the expenses associated with a major recovery operation prior to initial payment and between subsequent payments, as well to provide all necessary bonds and insurance.The Contactor must have an established management team,and an established network of resources to provide the necessary equipment and personnel. The Contractor must adhere to all federal, state and local laws, codes and ordinances, and assist the County with recovering Contract expenses through the Federal Emergency Management Agency (FEMA)claim reimbursement process. This includes working in conjunction with an independent debris monitoring service which will validate equipment,loads and materials collected. This Contract for the County's disaster-related debris management will be a usage Contract that will be utilized only in the face of an emergency. No compensation will accrue to the Contractor unless and until the Contract is utilized by the County either in anticipation of a natural disaster or after such a disaster. 2. General Requirements The purpose of this Contract is to provide disaster-related debris management services for the County of Orange, California,for the collection,processing and disposal of debris resulting from natural or man-made disaster events including but not limited to earthquakes,fires and floods. This Contract may be activated for County, State and Federally declared disaster events. The Scope of Work includes the following: • Debris clearance operations as directed by the County's Debris Management Coordinator. • Obtaining all necessary local,state and federal permits. • The collection and removal of debris from public rights-of-way, streets, roads, flood control facilities,ditches and other public properties. • The processing of debris including but not limited to screening, sorting, grinding, mulching, and recycling in accordance with all federal,state and local environmental protection agencies and health departments. • The disposal of debris. • The establishment and operations of temporary debris storage and reduction(TDSR)sites. Page 24 of 56 Page 24ofMI Attachment E • The collection and disposal of yard waste,white goods, e-waste, small motorized equipment, hazardous waste,tires,animal carcasses,propane tanks,petroleum products,and other special waste. • The restoration of TDSR sites. • Performing debris by-product recycling programs. • Hauling non-recycled debris and debris reduction by-products to an authorized disposal facility. • Providing traffic control during debris loading operations on public rights-of-way. • The provision of community relations support during all phases of disaster recovery work as directed by the County's Debris Management Coordinator. • Validating loads,materials and equipment with contracted debris monitoring services. • Creating, maintaining and updating relevant paperwork for relevant State and Federal reimbursement programs. Other disaster response and recovery work may be added, such as screening sand for beach replenishment,and any requirements or rates not covered by this proposal will be negotiated. The Contractor shall furnish all necessary personnel, material, equipment, labor, supervision, facilities,and shall provide all services necessary for,or incidental to,the performance of all work as defined in the Scope of Work. The Contractor will supervise and direct all work,workers and equipment. The Contractor is solely responsible for the means, methods, techniques, sequences, and safety procedures used. The Contractor must be duly licensed to perform the work in accordance with all federal,state and local requirements.The Contractor shall coordinate with the County to obtain all permits necessary to complete the work.The Contractor shall be responsible for and in compliance with any additional permits necessary to perform under the Contract,but at minimum must hold a California Class A General Engineering Contractor license with(or a list of subcontractors with) an ASB (Asbestos) Certification and/or a HAZ (Hazardous Substance Removal) Certification. Copies of all permits and licenses shall be submitted to the County as soon as available. As this is a usage contract,the quantity of work required is not known at this time. Payment will be made at the negotiated contracted rates specified in Attachment B. The output will be verified by the County in the daily operational report.All rates are to include all related costs,inclusive of the cost of personal protective clothing(to include hardhats, gloves, eye protection and steel-toed - boots),fringe benefits,hand tools,supervision,transportation,traffic control and any other costs. 3. Debris Management This Contract for debris collection,processing and disposal will be on a usage basis for the purpose of having Contractor immediately available and committed to assisting the County in the aftermath of a major disaster.Contractor under this Contract will serve as a general contractor for the purpose of debris collection, processing and disposal operations, and will be able to use its own subcontractor resources to meet the obligations of this Contract. Contractor will work in conjunction with an independent contracted debris monitoring service per State and Federal guidelines.To prevent conflict of interest,monitoring services must not have vested interest in the . . debris removal contract or contractor. The Contractor shall disclose present and future debris management contractual obligations throughout the term of this Contract and shall provide reasonable assurance to the County that such _ , obligations will not preclude the Contractor potentially performing the required work and meeting its obligation under the Contract. Such disclosure shall be provided to the County in the proposal. Count,of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 25 of 513-- Attachment E The Contractor shall, to the extent practical, give priority to utilizing resources in the County of Orange and the surrounding areas,including but not limited to procuring supplies and equipment, awarding sub-contracts, and employing workers. The Contractor shall identify sub-contractors it intends to use on this Contract and their intended Scope of Work. The Contractor shall furnish copies of Letter of Intent with local sub-contractors with the proposal. 3a. Mobilization Mobilization shall consist of all preparatory work and operations, including those necessary for movement of personnel,equipment,supplies and incidentals to and from the project sites,installing and maintaining temporary roads and drainage structures needed to access the project sites, the costs of bonds, required insurance and all other pre and post construction expenses necessary to perform this work. It shall be duly noted that such expenses are the sole responsibility of the Contractor. When a major disaster occurs or is imminent,the County will contact the Contractor to advise it of the County's intent to request services. The Contractor will employ and maintain a qualified and accessible Operations Manager who shall have the full authority to act on behalf of the Contractor. All communications given to the supervisor in writing by the County shall be binding. The Contractor shall report to the County Project Manager within 24 hours of the Notice to Proceed for each work order directive issued. The Contractor shall assign and provide an Operations Manager to the County's Debris Management Center to serve as the principal liaison between the County's Debris Management Coordinator, Debris Monitoring Service and the Contractor's forces. The assigned Operations Manager must be knowledgeable of all facts of the Contractor's operations and have authority in - writing to commit the Contractor.The Operations Manager shall be on call 24 hours per day,seven days per week and shall have electronic linkage capability for transmitting and receiving relevant contractual information and make arrangements for on-site accommodations. This linkage shall provide immediate contact via cell phone, fax machine, and have Internet capabilities. The Operations Manager will participate in daily meetings and disaster exercises, functioning as a source to provide essential element information. The Operations Manager will report to the County's Debris Management Coordinator. This position will not require a constant presence on- site;however,the Operations Manager will be required to be physically capable of responding to the County's Debris Management Coordinator within one hour of notification. The County, at its sole discretion, will issue task orders to the Contractor. All factors will be considered in determining which tasks will be assigned to Contractor. Debris removal will generally be limited to debris in, upon, or brought to the public streets and roads, rights-of-way, municipal properties and facilities, and other public sites. The Contractor will be responsible for determining the method and manner of debris collection,processing and lawful disposal operations, consistent with the Scope of Work. The Contractor will be responsible for the lawful disposal of all debris and debris-reduction by-products generated at all temporary debris staging and reduction (TDSR)sites. 3b. Classification of Debris: Debris shall be classified as follows: Vegetative Debris: Vegetative debris includes but is not limited to damaged and disturbed trees; broken,partially broken and severed tree limbs;tree stumps;tree trunks;bushes and shrubs;brush; and other leafy material. County of Orange MA-080-22010092 OCPublic Works Disaster-Related Debris Management Services Page 26 of 519 Attachment E Construction and Demolition (C&D) Debris: C&D debris includes but is not limited to lumber, metal products,sheet rock,non-asbestos roofing and concrete. Non C&D Debris: Non C&D debris includes but is not limited to asbestos roofing, carpeting, plastic,glass,rubber products,cloth items and treated wood building materials. White Goods: White Goods are large household appliances such as refrigerators, freezers, air conditioners, stoves,ovens,washing machines, dryers,water heaters, etc. The Contractor should expect to encounter white goods, such as household appliances. The Contractor shall collect all white goods from public rights-of-way and shall dispose of white goods in accordance with applicable federal, state and local laws. Any white goods that may contain Freon, such as refrigerators, freezers or air conditioners, shall have the Freon removed by the Contractor in accordance with applicable regulatory requirements. No additional payment will be made for the handling of white goods, as this cost shall be included in the cost price for white goods removal and disposal. Household Hazardous Waste (Fl1IW): HHW is waste with properties that make it potentially harmful to human health or the environment such as but not limited to paint products,pesticides, fertilizers,and other debris requiring special removal,handling and disposal processing,and known or suspected hazardous material such as asbestos, lead-based paint, and electrical transformers. Coordination of hazardous debris removal is the responsibility of the County. Known or suspected HHW that mistakenly enters the waste stream shall be placed in an appropriate storage area for proper disposal. Soil,Mud and Sand: Earthquakes, floods and storm surges often deposit soil,mud, and sand on improved public property and public rights-of way. Facilities commonly impacted by this type of debris may include streets,sidewalks,drainage facilities,culverts and pipes. The Contractor shall remove storm deposited soil, mud and sand debris from public property and rights-of-way as directed by the County. Dead Animals: The Contractor shall collect,remove,transport and dispose of dead livestock,fowl, large animals,and domestic pets from public rights-of-way and other public properties,as identified by the County,in accordance with health and regulatory requirements. Ash: When handling ash,the Contractor will be required to"wet down"the ash to prevent dust problems. Chips and Mulch: Chips and mulch are the end products of chipping and grinding clean woody debris. Proper disposal of chips and mulch(non-landfill disposal)is an environmentally sound use of the material. Other Debris: Other debris includes but is not limited to tires, small motorized equipment, electronic waste,propane tanks,and petroleum products. Residents will be advised to separate all waste and debris,to the extent practicable,into the above categories.Failure by the residents to perform this separation does not relieve the Contractor of its curbside separation responsibilities,to the extent practicable. 4. Debris Collection and Removal Services County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 27 of Se Attachment E The Contractor shall provide for the removal of debris from various areas within the County of Orange as designated by the County's Debris Management Coordinator. Debris removal shall be limited to County streets, roads, flood control channels and other rights-of-way, all County of Orange municipal property, and other municipal facilities and sites as directed, and may include property debris from private residences that is brought to the edge of the rights-of-way by residents. The Contractor is responsible for determining the method and manner of all debris removal and will be monitored per State and Federal regulations. Independent debris monitoring services will be utilized to evaluate disaster response and recovery measures by providing the following services: • Debris removal monitoring services per FEMA Public Assistance policy and procedures including: determining the eligibility (or ineligibility) of debris, mandated special considerations,site development and restoration,certification of hauling vehicles,compliance with State and Federal regulations, site safety, verification of contracted removal services, hazardous trees and map locations. • Load capacities, load quantities, debris management, site operations, public and site safety, collection locations,debris types and amounts. • Load tickets(in towers and in the field). • Ensure hazardous waste is not mixed in with loads. • Ensure that all debris is removed from trucks at the Temporary Debris Storage and Reduction (TDSR)site(s). • Ensure that only debris specified in the scope of work is collected. • Ensure daily loads meet permit requirements. • Assure that debris contractor work is within the assigned scope of work. • Identify work for potential eligibility(or ineligibility)per FEMA guidelines. • Validate hazardous trees including hangers,leaners and stumps. • Monitor site development and restoration of TDSR site(s). • Ensure that work stops immediately in an area where human remains or potential archeological _ deposits are discovered. • Immediately report to County Debris Management Coordinator or designee if debris removal work does not comply with all local ordinances as well as State and Federal regulations. • Immediately report to County Debris Management Coordinator or designee if contractor personnel or public safety standards are not being followed. • Immediately report to County Debris Management Coordinator or designee if improper equipment is utilized,equipment is misused or contractor noncompliance. • Immediately report to County Debris Management Coordinator or designee if completion schedules are not on task. • Accurately measure and certify hauling vehicle capacities. - • Certify hauling vehicles on a regular basis. • Ensure accurate credit for haul loads. • Ensure that hauling vehicles are not artificially loaded or enhanced to maximize reimbursement. The Contractor shall be responsible for properly and adequately securing debris on each piece of equipment utilized to haul debris.Prior to leaving the loading site,the Contractor shall ensure that County of Orange MA-080-22010092 OC Public Works Disaster Related Debris Management Services Page 28 ofi9 Attachment E each load is secure and trimmed so that no debris extends horizontally beyond the bed of the equipment in any direction.All loose debris shall be compacted during loading and secured during transport. Tarps or other coverings shall be provided by the Contractor to prevent reduction by- products and other materials from being blown from the bed during hauls to disposal landfills. The general concept of disaster-related debris removal operations includes multiple scheduled passes of each site, location or rights-of way as directed by the County. It is the intent that the Contractor will make as many passes as the County may direct to complete the removal and lawful disposal of all disaster generated debris. The debris shall be hauled to the TDSR sites or disposal sites as directed by the County. All activities associated with the collection and loading of eligible debris shall be performed during working hours,seven(7)days a week,including holidays,unless otherwise directed by the County. - The Contractor shall mitigate the impact of its operation on local traffic to the fullest extent practical. The Contractor is responsible for establishing and maintaining appropriate traffic controls in all work areas.The Contractor shall provide sufficient signing,flagging,and barricading to ensure the safety of vehicular and pedestrian traffic in all work areas. All work shall be performed in conformance with all federal, state and local laws, regulations and ordinances governing personnel,equipment and workplace. The Contractor shall provide all labor and materials necessary to operate and maintain all equipment under this Contract. The Contractor shall provide sufficient management, administration,supervision and safety quality controls to assure the safety, quality, completeness, and timely progress of the work. The Contractor shall provide its own personnel to provide the above functions and not the personnel of its sub-contractors. The Prime Contractor must utilize - applicable prevailing wage rates and will all tiers of subcontracting entities below its company. The Contractor shall not move from one designated work area to another designated work area without prior approval and release from the County's Debris Management Coordinator. The Contractor shall remove all dirt,mud and debris from the roadways resulting from its operations. The Contractor shall notify the Debris Management Coordinator's office by 2 p.m.each day of the number of crews that will be working the following day, as well as a preliminary 7-day schedule for the purpose of scheduling County personnel assigned to the Contractor's crews. 4a. Debris Removal from Public Rights-of-Way The Contractor shall pick-up,remove from public rights-of-way,and haul all eligible debris to the TDSR sites or disposal sites as directed by the County. At the time of collection,the Contractor shall segregate debris at the curb,to the maximum extent possible; according to the categories specified under Classifications of Debris (see 3b.) Unless otherwise directed by the County, mixed loads (vegetation mixed with C&D, for example) are prohibited. Vegetation or C&D mixed with minimal quantities of another type of debris will be classified by the predominant type of debris. Clean,woody debris and other natural material that can be chipped,mulched, and disposed of in some other similar manner shall be handled separately from other debris.The Contractor,with the approval of the County, shall determine the method of vegetative debris reduction. Unless otherwise directed by the County, mixed loads are prohibited. The Contractor shall segregate debris at the curb,when necessary. The Contractor should expect to encounter white goods, such as household appliances. The Contractor shall pick up and remove all white goods from public rights-of way and shall dispose _ County of Orange MA-080-22010092 OCPublic Works Disaster-Related Debris Management Services Page 29of513 Attachment E of white goods in accordance with applicable federal, state and local laws. Any white goods that may contain Freon,such as refrigerators,freezers or air conditioners,shall have the Freon removed by the Contractor in accordance with applicable regulatory requirements. No additional payment will be made for handling of white goods,as this cost shall be included in the cost price for white goods removal and disposal. 4b. Removal of Obstructions from Drainage Canals and Roadside Ditches The Contractor shall be responsible for the removal of obstructions from the County's natural drainage courses, flood control facilities and channels,rights-of-way and roadside ditches. These obstructions include but are not limited to tree limbs, tree trunks, stumps, C&D,Non C&D, and soil, mud and sand. Long reach equipment may be required to remove debris from the drainage channels. Care should be taken so as not to damage the infrastructure of the channels or ditches. 4c. Removal of Hazardous Trees and Hanging Limbs from County Rights-of Way and Public Properties If directed by the County's Debris Management Coordinator,the Contractor shall team with debris monitoring services to remove hazardous trees six(6)inches in diameter and/or hanging limbs two (2)inches or greater. The Contractor is cautioned that ingress and egress is the sole responsibility - of the Contractor and many sites may be accessible for climbers only and removal of tree debris may be possible by manual labor only. All hazardous trees to be removed shall be cut flush at the lowest possible height above the ground. All measurements of flush cuts are subject to inspection and approval by the County. Payment shall be per size of the tree. The line item costs are all inclusive and shall compensate the Contractor for the cost to flush out,remove,load,transport and dispose of the hazardous trees. Tree stumps with base cut measurements equal to or less than twenty-four(24)inches in diameter will be disposed of with the same methods used for other vegetative debris. Stumps larger than twenty-four (24) inches in diameter will be disposed of by splitting, chipping or grinding. The method of reduction and disposal will be at the discretion of the Contractor subject to County approval. Grinding in place may require documentation and pre-approval of regulatory authorities. Coordination of any potential grinding will be done by the County. 4d. Hazardous Stump Removal The Contractor is responsible for extraction of eligible partially uprooted hazardous stumps as directed by the County. If directed by the County,the Contractor shall team with debris monitoring _ services to remove and haul partially hazardous tree stumps. Each stump shall be inspected by the County and the Contractor and documented as to the appropriate category of size. In addition, stumps are to be properly identified,certified and documented,per FEMA guidance,by County or its representative.Prior to the removal of hazardous stumps,the Contractor shall notify any required - local utilities in accordance with each agency's required pre-notification time schedule for pre- marking of utilities in the work area. Stump holes shall be backfilled with clean native topsoil to match the existing grade. Note that stump holes include all cavities associated with the stump extraction. The Contractor may be required to grind some stumps if large equipment cannot access the work area. Any damage to . sidewalks, driveways, walkways or other public or private property caused by the Contractor's removal or grinding of stumps shall be repaired by the Contractor. County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 30 of 58 Attachment E Payment for stump removal will be per size of stump,per FEMA Guidelines.The line item cost is all inclusive and shall compensate the Contractor for the cost to extract,grind,and backfill all holes associated with the stump extraction,as well as load,transport and dispose of stump. Tree stumps with base cut measurements equal to or less than twenty-four(24)inches in diameter will be disposed of with the same methods used for other vegetative debris. Stumps larger than twenty-four (24) inches in diameter will be disposed of by splitting, chipping or grinding. The method of reduction and disposal will be at the discretion of the Contractor subject to County approval. Grinding in place may require documentation and pre-approval of regulatory authorities. Coordination of any potential grinding will be done by the County. 4e. Debris Removal from Private Property The Contractor shall remove debris from private property under extenuating circumstances, as directed by the County.A sample right-of-entry agreement form will be provided by the County. 4E Load Tickets In conjunction with the debris monitoring contractor, load tickets will be used for recording volumes of debris removal. The Contractor shall provide an automated debris management ticketing and accounting process for debris management projects. Each ticket will be a five-part carbon copy ticket,and or electronic duplicates which shall contain the following information: • Ticket Number • Contractor's Name • Crew Number • Truck Number • Date • Debris Removal(Pickup)Location • Debris Removal(Pickup)Location Departure Time • TDSR or Disposal Site Location • TDSR or Disposal Arrival Time • Debris Classification • Debris Quantity • Signed by a County representative Debris quantity and load tickets will be determined by contracted debris monitoring personnel or the County at the TDSR and/or disposal site. Based on predetermined truck bed measurements, trucks with less than full capacity will be adjusted downward by visual inspections. Truck bed - measurements will not be adjusted upward. Load tickets will be issued by contracted debris monitoring personnel or the County and issued to vehicle operators upon completion of collection at the collection site.Five copies of load tickets will be issued to the County(1)and Contractor(4) to remain with Contractor's records and TDSR or disposal sites. 4g. Debris Removal Equipment All trucks and other equipment must be in compliance with all applicable federal, state and local rules and regulations. Debris monitoring services will frequently certify Contractor trucks and equipment.Any truck used to haul debris must be capable of rapidly dumping its load without the assistance of other equipment; be equipped with a rigid tailgate that will effectively contain the debris during transport and permit the truck to be filled to capacity(i.e.the tailgate must be able to County of Orange MA-080-22010092 OC Public Works Disaster Related Debris Management Services Page 31 of39 Attachment E hold a compressed load);and measured and marked for its load capacity.All vehicles shall comply with California regulations and licensing requirements, and with applicable local ordinances governing weight and size for the streets that must be traveled. 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. Prior to commencing debris removal operations,the Contractor shall present all trucks or trailers that will be used for hauling debris for the purpose of determining hauling capacity to County and debris monitoring representatives. The hauling capacity will be based on the interior dimensions of the truck's metal dump bed. Hauling capacity will be rounded down to the nearest half cubic yard and will be recorded and marked on both sides of each truck or trailer on a white placard with black permanent markings. The Contractor is responsible for supplying the placards. The placard should clearly display the Contractor's company name. Each truck or trailer will also be numbered for identification with a permanent marking. Trucks or equipment which are designated for use under this Contract shall not be used for any other work during the working hours of this Contract. The Contractor_ shall not solicit work from private citizens or others to be performed in the designated work area during the period of this Contract. Under no circumstances will the Contractor mix debris hauled for others with debris hauled under this Contract. 4h. Debris Removal Reports The Contractor shall prepare daily reports,in accordance with CaJEMA/FEMA guidelines,to detail the progress of the debris removal services to the County.Each report shall contain,at a minimum, the following information: • Reporting date • Location of work(street names and address blocks) • Contractor's name performing work at each location • Number of passes performed at each location - • Daily and cumulative totals of debris removed,by category• Itemized Load Ticket Information • Any problems encountered or anticipated Discrepancies between the daily report and the corresponding load tickets shall be reconciled with the Debris Management Coordinator no later than 11:00 a.m.the following work day. 4i. Damages The Contractor shall repair all roadways, sidewalks, utilities, fences, driveways, roofs, drainage _ structures and other features which are damaged by Contractor operations,including same damages to adjacent public and private properties. This will include the re-sloping of damaged surfaces to original grade and filling of all ruts caused by equipment and trucks. The Contractor shall respond to damage claims within seven(7) calendar days upon receipt of the same by the homeowner or County Debris Management Coordinator, and shall settle valid claims within thirty(30)calendar days. County Debris Management Coordinator shall have final authority over damage assessment and dispute resolution. The Contractor shall provide the County's Debris Management Coordinator a weekly spreadsheet listing the name, address and telephone number of all residents claiming damage,a summary of the claims,and a status report of the resolutions. County of Orange MA-080-22010092 OCPublic Works Disaster-Related Debris Management Services Page 32of55 Attachment E 5. Debris Processing and Disposal The County will identify temporary debris storage and reduction(TDSR) sites for the temporary staging and reduction of vegetative and woody debris. In conjunction with contracted debris monitoring services, the Contractor will operate the TDSR sites. Contractor, debris monitoring representatives and others specifically authorized by the County will be allowed to use the sites. The County may also establish designated homeowner drop off sites. The Contractor will be responsible for removing all debris from those sites daily. The Contractor shall use only TDSR sites designated by the County. In tandem with debris monitoring representatives, the TDSR site foreman, appointed by the Contractor, shall direct all dumping operations, and shall coordinate removal of debris and reduction of by-products to the County authorized landfill locations for subsequent disposal or to recycling processors selected by the Contractor and approved by the County. The Contractor shall provide all management, supervision, labor,machines,tools and equipment necessary to accept,process, and dispose of disaster related debris. The Contractor may be asked _ to pay for all water and electrical services at the sites. The Contractor may be asked to provide all necessary connections for such services.The debris to be processed consists primarily of vegetative debris;however,the Contractor and/or the County may choose to process other types of debris as well. The Contractor shall be required to segregate the debris into various categories. The Contractor shall coordinate with the County to obtain the necessary permits to perform all site activities. The disposal cost for the processed material, all by-products and waste materials shall be the responsibility of the Contractor. _ The Contractor shall be responsible for sorting and stockpiling of debris at the site. Household Hazardous Waste (HHW) must be handled, stored, processed and disposed of in conformance with all applicable local,state and federal rules and regulations.The Contractor will set up a lined containment area and separate any household hazardous waste delivered to or stored at a TDSR site. Commercial and industrial hazardous waste such as chemicals, gas containers,transformers, and any other form of hazardous or toxic matter will be set aside for collection and disposal by a hazardous materials removal and disposal contractor who will be selected under a separate contract • with the County. The Contractor shall establish sufficiently impervious temporary storage areas for HHW,fuel and other materials that may contaminate soils,runoff or groundwater. The Contractor shall establish sufficiently impervious secondary containment under all tanks in accordance with all federal,state and local rules and regulations. The Contractor shall establish temporary storage and processing - areas for HHW that protects the site from contamination. Vegetative waste and wood chips shall be stockpiled in a manner that will prevent combustion, wind drift and run-off into streets,the storm drainage system,and adjacent properties. The Contractor is solely responsible for worker safety, including its subcontractors and suppliers, in accordance with all federal,state and local laws and regulations. County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 33of5 Attachment E The Contractor shall be responsible for traffic control,dust control,erosion control,fire protection, on-site roadway maintenance and safety measures at the TDSR site. The Contractor shall direct traffic entering and leaving the site and shall direct all loading and unloading operations at the site. Upon completion of the debris reduction process,the Contractor shall clear the sites of all debris and restore the sites to their original condition and to the satisfaction of the County. All equipment must be in compliance with all applicable federal, state and local rules and regulations. All equipment and operator qualifications must meet all federal,state and local safety and health requirements. The Contractor,using applicable forms,will inspect equipment prior to its use. The completed forms will be provided to the County,if requested. Prior to commencing debris reduction and disposal operations,the Contractor shall present to the County's representative a detailed description and operational specifications of all equipment to be used for debris handling,sorting,processing,loading and hauling; stating brand name,model and horsepower. Equipment which is designated for use under this Contract shall not be used for any other work during the working hours of this Contract. The Contractor shall not solicit work from private citizens or others who are not a party to this Contract or to a subordinate contract that arises out of this Contract.Under no circumstances will the Contractor mix debris hauled or processed for others with debris hauled or processed under this Contract. If the Contractor chooses to use chipping and/or grinding as a method of debris reduction,it is the Contractor's responsibility to dispose of the chips or mulch in compliance with all federal, state and local rules and regulations at no additional cost to the County.Beneficial reuse of the chips is strongly encouraged. 5a. TDSR Site Requirements The Contractor will provide a site operations plan for review by the County and debris monitoring contractor prior to beginning work. At a minimum,the plan will address the following: • Access to the site • Traffic control procedures • Site management,to include point-of-contact,organizational chart,etc. • Site security • Site safety • Site layout/segregation plan • Hazardous waste materials plan • Environmental mitigation plan,including considerations for smoke,dust,noise,traffic,buffer zones,storm water runoff;archeology,historic preservation,wetlands and endangered species, as appropriate. The Contractor shall be responsible for preparing the site(s)to accept the debris. This preparation shall include clearing, erosion control, grading, construction and maintenance of haul roads and entrances. The Contractor shall water all roads to control dust.The Contractor shall provide utility clearances and sanitation facilities, if needed. The Contractor shall protect existing structures at the site(s)and repair any damage caused by its operations at no additional cost to the County. County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 34 of 99 Attachment E The Contractor shall be responsible for installing site security measures and maintaining security for its operations at this site. The Contractor shall manage the site to minimize the risk of fire. The Contractor shall provide an inspection tower at each TDSR site if a site has separate entrances and exits,the Contractor shall provide a tower at both the entrance and the exit. This tower shall be constructed such that the County and debris monitoring representatives can see the bed when empty to fully view the entirety of the debris load(at least 10 feet above the existing ground surface) for the purpose of establishing the load volume. The inspection tower shall be constructed to meet all local, state and federal safety requirements. The tower shall be constructed using pressure treated wood. The floor area shall be 8 feet by 8 feet,constructed of 2 inch by 8 inch joists, 16 inch O.C.with'/a inch plywood supported by four 6 feet by 8 feet posts. The perimeter of the floor area shall be protected by a 4-foot-high wall constructed of 2 inch by 4 inch studs and inch plywood. The floor area shall be covered with a corrugated tin roof. The roof shall provide a minimum of 6 feet, 8 inches of head room below the support beams. Access shall be provided by wooden steps with a handrail. The tower shall include a writing surface area. The tower must be securely anchored to the ground. The Contractor may provide a mechanical lift or suitable metal scaffolding to be used in place of the constructed tower. Mechanical lifts are acceptable only on a temporary basis for use while constructing inspection towers. The metal scaffolding is not recommended due to potential threat of lightning. The Contractor shall remove and dispose of the inspection towers _ following completion of the debris removal at the direction of the County Debris Management -- Coordinator. The Contractor shall provide portable restroom facilities at all TDSR sites. The portable restroom facilities must be serviced and maintained in a clean and sanitary condition. The Contractor shall be responsible for control of pedestrian and vehicular traffic in the work area. The Contractor shall provide all flag persons,signs,equipment and other devices necessary to meet federal, state and local requirements. The traffic control personnel and equipment shall be in addition to the personnel and equipment required in other parts of this Contract. As a minimum, one flag person shall be posted at each entrance to direct traffic at the site. The Contractor is responsible for the proper disposal of all debris, residuals and waste products from the site. The Contractor shall receive approval from the County as to the final acceptance of a site closure. 5b. Household Hazardous Waste(HHW) The Contractor may be required to construct a containment area at the TDSR site(s) for HHW. This containment area shall be sufficiently impervious to contain spills. This material shall be segregated from the remaining debris using a method that will allow the remaining non-HHW debris to be processed. All HHW debris will be moved and placed in the designated HHW containment area. The Contractor will be responsible for reporting to the County and cleaning up all HEW spills caused by the Contractor's operations at no additional cost to the County.Immediate containment actions shall be taken as necessary to minimise effect of any spill or leak. Cleanup shall be in accordance with applicable federal,state and local laws and regulations. Spills shall be reported in accordance with federal,state and local regulations. 5c. Debris Processing and Disposal Reports County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 35 of 56 Attachment E The Contractor shall prepare daily reports,in accordance with Cal EOS/FEMA guidelines,to detail the progress of the debris reduction and disposal services to the County. Each report shall contain, at a minimum,the following information by site and the total for all sites: • Reporting date • Daily and cumulative totals of debris processed,by method • Daily and cumulative totals of debris disposed of,by location • Daily and cumulative totals of HEW debris segregated • Any problems encountered or anticipated In conjunction with contracted debris monitoring representatives,the Contractor will be required to assist the County with the preparation and submittal of Debris Site Management Reports. 5d. Damage Claims The Contractor shall submit a weekly report to the Debris Management Coordinator on an Excel Spreadsheet summarizing the current status of all damage claims. The weekly report shall include the name, access and phone number of the claims, a summary of the claim and the status or the resolution. Se. Additional Required Equipment The Contractor shall have available additional equipment including,but not limited to,backhoes, bulldozers,etc. for the County's use as requested by the County. 6. Training and Pre-Event Workshops The Contractor shall conduct annual training and pre-event planning workshops at no cost to the County. Topics should range from, but not be limited to, mobilization and operational considerations including: • Temporary debris site selection and evaluation; • Emergency facility and route designation and priorities; • Review of debris management plans; • • Environmental and historical structure considerations; • Local subcontractor participation(with accompanying training workshops); • Recovery systems training(i.e.—Debris Management System(DIMS)); • GIS assets and systems; • Billing protocols; • Technical assistance administration; and • Other area-specific operational considerations and caveats. County of Orange MA-080-22010092 OCPublic Works Disaster-Related Debris Management Services Page 36 of 59 Attachment E ATTACHMENT B PAYMENT/COMPENSATION 1. COMPENSATION:This is a usage Contract between the County and Contractor for Disaster-Related Debris Management Services, as provided in Attachment A, Scope of Work. The Respondent agrees to accept the specified compensation as set forth in the final negotiated contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Respondent of all its duties and obligations hereunder.The Respondent shall only be compensated as set forth herein for work performed in accordance with the Scope of Work. The County shall have no obligation to pay any sum in excess of the Fixed Prices specified herein unless authorized by amendment in accordance with Articles C and P of the County Contract Terms and Conditions,which may require approval by the County Board of Supervisors. 2. FEES AND CHARGES: County will pay the following fees in accordance with the provisions of this Contract.Payment shall be as follows: DESC*UP'tION & UNIT; PRICE Right of Way(ROW)Clearing and/or removing debris from the public right-of-way,streets and roads Loading and hauling of vegetative debris from the 0-15 Miles,one-way rights-of-way,streets and roads to a Debris haul CY $18.42 Management Site(DMS): 16-30 Miles,one- CY $18.86 way haul 31-60 Miles,one CY $19.42 way haul >60 Miles,one way CY $19.86 haul Loading and hauling of vegetative debris from the rights-of-way,streets and roads to a final disposal 0-15 Miles, a-way CY $18.42 haul facility: I6-30 Miles,one- CY $18.86 way haul 31-60 Miles,one CY $19.42 way haul >60 Miles,one way CY $19.86 haul Loading and hauling of Construction and Demolition 0-15 Miles,one-way (C&D)debris from the rights-of-way,streets and ham CY $21.42 roads to a Debris Management Site(DMS): 16-30 Miles,one- CY $21,86 way haul 31-60 Miles,one CY $22.42 way haul >60 Miles,one way CY $22,86 haul Loading and hauling of C&D debris from the rights- 0-15 Miles,one-way CY $21.42 of-way,streets and roads to a final disposal facility: haul 16-30 Miles,one- CY $21 86 way haul 31-60 Miles,one CY $22 42 way haul County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 37of5g Attachment E DESCRIPTION = UNIT; PRICE a,. >60 Miles,one way CY $22.86 haul Loading and hauling of non-C&D debris from rights-of--way,streets and roads to a Debris 0-15 Miles hae-way CY $21.42 ul Management Site(DMS): 16-30 Miles,one- CY $21.86 way haul 31-60 Miles,one CY $22 42 way haul >60 Miles,one way CY $22.86 haul Loading and hauling of non-C&D debris from 0-15 Miles,one-way rights-of-way,streets and roads to a final disposal haul CY $21.42 facility: 16-30 Miles,one- CY $24.86 way haul 31-60 Miles,one CY $25.42 way haul >60 Miles,one way CY $25.86 haul Management and operation of debris management sites(DMS)to accept,process and reduce disaster related debris Managing and reducing vegetative debris through CY $12.68 i;rmdmg Managing and reducing vegetative debris through f,ab j, CY $8.42 open burning Managing and reducing vegetative debris through air CY $10.72 curtain burning Loading and Hauling of White Goods Each $125.00 Removal and disposal of Freon Each $110.00 Removal and disposal of household hazardous waste pound $28.95 River and Canal Debris Removal =3 , Price proposal for Marine Debris Removal.Debris to be placed on the ROW for haul off. x x,...`. ,...., s�..E. < Land Based Debris Removal `' ,.. CY $275.00 Marine Based Debris Removal x ,, CY $475.00 Bays and open waterways �, : Acre $8,950.00 Side scan sonar for identifying underwater debris Per Hour $467.00 Per Acre $1,035.00 Removal and disposal of soil,mud and sand: 0-15 Miles a-way CY $28.50 ld 15-30 mile one way CY $29.50 haul 30-60 mile one way GY $32.50 haul >60 mile one way CY $38.50 haul Removal and disposal of ash: 0-15 mileo ne waycy $32.50 aul 15-30 mile one way CY $33.50 haul County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 38 of Se Attachment E 3. 3 DESCRIPTION UNIT PRICE 30-60 mile one way CY $36.50 haul >60 mile one way CY $42.50 haul Haul Out:Loading and hauling of residual material 0-15 Miles,one-way CY $12.50 from the DMS the final disposal site location: haul 16-30 Miles,one- CY $13.50 way haul 31-60 Miles,one CY $16.50 way haul >60 Miles,one way CY $22.50 haul. Removal and disposal of Tires , Each $125.00 Removal and disposal of Small Motorized F k1F Each $125,00 xs gS'y. Equipment �;�.. Removal and disposal of Electronic Goods(E- Each $95,00 Waste) Removal and disposal of Propane Tanks A Each $75.00 Removal and disposal of Petroleum Products • , F;° Pound $50.00 Removal and Destruction of Animal Carcass s- „7 Pound $19.95 Removal,Hauling and Disposal of refrigerator - pound $58.50 contents or putrescent debris . .. Removal,Hauling and Disposal of Biowaste r°— Pound $94.50 Ditches and Drainage Debris Removal Debris removal from roadside ditches(debris to be k= ' Linear $28 50 placed on ROW for haul off) �� ��� Foot Debris removed from drainage canals-Land Based CY $150.00 Operations ,Po. Debris removed from drainage canals-Marine Based CY $349.00 Operations Right of Way(ROW)Partially Uprooted or Split Trees(Leaners) 4V, .. • Falling partially uprooted or split trees from the ROW or the overhanging portion of the ROW and <24"per tree Debris $425.00 placing the debris in the ROW for haul-off: 24"to 36"per tree Tree $975.00 Greater than 36"per Tree $1,595.00 tree. Right of Way(ROW)Removal of Dangerous Hanging Limbs(Hangers):Removing hanging or partially broken limbs from trees in ROW or limbs Tree $298.00 hanging over the ROW and placing the debris in the k ROW for haul-off. s. Right of Way Stumps:Removal and disposal of 24"to 36"diameter Each $650.00 hazardous stumps from.the ROW,including backfill: 36"to 48"diameter: Each $950.00 48"to 72"diameter: Each $1,450.00 >72"diameter: Each $1,900.00 Stump Grinding: 24"to 36"diameter: Each $850.00 36"to 48"diameter: Each $1,150.00 48"to 72"diameter: Each $1,650.00 >72"diameter: Each $2,100,00 County of Orange MA-080-22010092 OCPublic Works Disaster-Related Debris Management Services Page 39 of 58 Attachment E _;DESCRIPTION y UNIT':: :PRICE ti Right of Entry(ROE)Clearing and/or removing debris from the private property Loading and hauling of vegetative debris from the 0-15 Miles,one-way private property to a Debris Management Site haul CY $24.42 (DMS): 16-30 Miles,one- CY $24.86 way haul 31-60 Miles,oneCY $25.42 way haul >60 Miles,one wayCY $25.86 haul. Loading and hauling of vegetative debris from 0-15 Miles,one-wayCY $26.42 private property to a final disposal facility: haul 16-30 Miles,one- CY $26.86 way haul 31-60 Miles,one CY $27.42 way haul >60 Miles,one wayCY $27 86 haul Loading and hauling of Construction and Demolition 0-15 Miles,one-way (C&D)debris private property to a Debris haul CY $29.42 Management Site(DMS): 16-30 Miles,one- CY $29.86 way haul 31-60 Miles,one CY $30.42 way haul >60 Miles,one way CY $30.86 haul Loading and hauling of C&D debris from private 0-15 Miles,one-way CY $29.42 property to a final disposal facility: haul 16-30 Miles,one- CY $29.86 way haul 31-60 Miles,one CY $30.42 way haul >60 Miles,one way CY $30.86 haul Loading and hauling of non-C&D debris from private property to a Debris Management Site 0-15 Miles a-way CY $29.42 ul (DMS): 16-30 Miles,one- CY $29.86 way haul 31-60 Miles,one CY $30.42 way haul >60 Miles,one way CY $30.86 haul Loading and hauling of non-C&D debris from 0-15 Miles,one-wayCY $29.42 private property to a final disposal facility: haul 16-30 Miles,one- CY $32.86 way haul 31-60 Miles,one CY $33.42 way haul >60 Miles,one way CY $33.86 haul County of Orange MA-080-22010092 OCPublic Works Disaster-Related Debris Management Services Page 40 of 513 Attachment E DESCRIPTION Sand Collection(Public Property)and Screening Rate Removal and collection of debris-laden sand from public property.Debris-laden sand will be hauled to a designated location,screened,and stockpiled at a debris management site(s)and clean sand returned 0-15 Miles,one-wayCY $45.00 and dumped on beach. (Debris generated from haul. screened rejects will be hauled to a debris management site(s)or other designated location according to debris collection rates). 16-30 Miles,one- CY $47.00 way haul 31-60 Miles,one CY $52.00 way haul Sand.Collection(Private Property)and Screening Rate Removal and collection of debris-laden sand from public property.Debris-laden sand will be hauled to a designated location,screened,and stockpiled at a debris management site(s)and clean sand returned 0-15 Miles,one-way CY $57,00 and dumped on beach. (Debris generated from haul screened rejects will be hauled to a debris management site(s)or other designated location according to debris collection rates). 16-30 Miles,one- CY $59.00 way haul 31-60 Miles,one CY $64.00 way haul Demolition of Private Houses Structure demolition with NON RACM construction xa and demolition debris loaded at the designated work zone and hauled to an approved commercial landfills Contractor shall disconnect and cap the sewer and f e` water line and coordinate all required disconnects by CY $72.00 private utility companies. Search safely accessible �'. structures,including garages and detached ", outbuildings,and remove all white goods,e-waste and household hazardous waste for ROW collection. `r Does not include removal of concrete slabs. Structure demolition with RACM construction and demolition debris loaded at the designated work zone and hauled to an approved commercial landfill. Contractor shall disconnect and cap the sewer and '. water line and coordinate all required disconnects byrz., r CY $99.50 private utility companies. Search safely accessible ;= m. structures,including garages and detached outbuildings,and remove all white goods,e-waste and household hazardous waste for ROW collection. Does not include removal of concrete slabs. Hazardous and Biowaste Disposal:Contractor to collect from ROW and pound $96.00 dispose at an owner approved site. Personnel/Hour Administrative Assistant $90.00 Carpenter w_ Hour $150.00 County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 41 of 513 Attachment E - DESCRIPTION ,. . ., ,;; =UNIT , PRICE Clerical/Individual Hour $100.00 Climber w/gear Hour $250.00 Crew Leader Hour $120.00 Electricians Z,. „,_:i5" Hour $170.00 Fabricator _ ., ' ' Hour $150.00 - FieId technicians Hour $160.00 Foreman Hour $200.00 Foreman w/track Hour $220.00 Inspector w/vehicle t, r ) Hour $150.00 Laborer . .. : '' -. Hour $95.00 Operator w/chainsaw Hour $120.00 Project Manager Hour $190.00 Security Personnel i=' . Hour $175.00 Superintendent w/truck r:1 . a..,, w ,r, Hour $150.00 Survey person w/truck -, „,,�.. Hour $150.00 zE�. Traffic Control Hour $80.00 Tree Trimmer(crew) . i_- ?. Hour $550.00 - Truck driver Hour $100.00 - Vehicle Mechanic. i _.. Hour $180.00 Welder ,, ,,.... Hour $180.00 Worker to assist w/potable water Hour $120.00 HAZ MAT Response Pricing PROJECT CLASSIFICATION °X '` Project Coordinator Hour $300.00 Field Haz Material Manager ,=, _ _ Hour $275.00 . Hm Contain Area Manager g-;, _.,, . i Hour $275.00 - Field Project Supervisor r Hour $250.00 Hm Contain Area Supervisor ': l Hour $250.00 Field Project Foreman A Hour $245.00 Hm Containment Area Foreman - ,a w x° Hour $245.00 Field Hm Technician '` Hour $240.00 Hm Contain Area Technician ,, Hour $240.00 Health&Safety Specialist F,. Hour $300.00 Project Engineer. „ Hour $445.00 Project Geologist Hour $385.00 Chemist y Hour $385.00 Regulatory Manager ; Hour $275.00 Equipment Operator .. Hour $195.00 Asbestos Abatement Supervisor f` Hour $275.00 - Asbestos Abatement Worker K-.X Hour $240.00 Asbestos Inspector '3 h; Hour $275.00 Truck Driver Hour $180.00 Administrative Assistant , Hour $100.00 Clerical ,tiS , .n ,, ,r , Hour $100.00 Vehicles and Vessels Sunken Vessel Removal and Disposal County of Orange MA-080-22010092 OC Public Works Disaster Related Debris Management Services Page 42 of MS Attachment E Vessel Salvage and Recovery Marine based salvage operations Linear $575.00 Foot Land based salvage operations Linear $295.00 Foot Vehicle and Vessel Removal and Disposal(from land) Transfer/Tow of typical passenger car Each $750.00 Transfer/Tow of Truck/RV Each $1,500.00 Transfer/Tow and handling of Recreational vessels up to 24'in length Each $4,200.00 Transfer/Tow and handling of Recreational vessels up to 25'up to 48' Each $6,200.00 in length Transfer/Tow and handling of Recreational vessels above 48'in Each $12,000.00 length Storage Operation of Secure Aggregation Site for Vehicles and Vessels: Day $9,550.00 Storage of Vehicle or Vessel Day $45.00 • Processing,Remediation and Disposal Each $950.00 Item Unit Price Contiminated Ash,Debris and Soil Removal APN $96,500.00 Asbestos Removal APN $5,500.00 Re-Scrapes APN $8,000.00 Concrete Removal APN $4,500.00 Metal Removal APN $7,500.00 Structural Removal Crew Day $9,250.00 Hazardous Tree Removal Crew Day $9,700.00 Log Deck Processing Crew Day $9,500.00 Hazardous Fire Tree Removal Tree $1,450.00 Property Owner Assistance Crew Hour $560.00 Travel Trailer Installation County of Orange MA-080-22010092 OCPublic Works Disaster Related Debris Management Services Page 43 of 543 Attachment E Basic Trailer Installation. Each $45,000.00 As Needed Services Linear Buried Sewer Line. Foot $48.00 Install Sewer Tap: Each $4,500.00 Linear Buried Water Line: Foot $56.00 Municipal Water Tap: Each $9,200.00 Power Pole with Meter: Each $14,000.00 Linear Water Line Winterization: Foot $15.00 Handicap Ramp Price per ramp Each $18,500.00 Direct Wiring to Well Pump Switch: Each $2,500.00 - Linear Above Ground Electrical Excess Foot $75.00 Provide Additional Potable Water Hose 25'(feet) Each $50.00 - Provide and Install Generator: 5kw generator Each $7,500.00 Linear Direct Burial of 50 Amp Service: Foot $75.00 Handicap Platform Steps: Each $14,500.00 Emergency,Power Generation 0.A. 5kw Generator Price per month $5,600.00 Price per week $1,600.00 10kw Generator Price per month $5,600.00 Price per week $1,600.00 15kw Generator Price per month $5,600.00 Price per week $1,600.00 20kw Generator Price per month $13,090.00 Price per week $3,740,00 56kw Generator County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services • Page 44ofS Attachment E Price per month $15,400.00 Price per week $4,400.00 100kw Generator Price per month $18,480,00 Price per week $5,280.00 175kw Generator Price per month $37,345.00 Price per week $10,670.00 240kw Generator Price per month $53,130.00 Price per week $15,180.00 500kw Generator Price per month $94,325.00 Price per week $26,950.00 1,000kw Generator Price per month $178,640.00 Price per week $51,040.00 ADDITIONAL HOURLY'COSTS TO INCLUDE OPERATOR,FUEL AND MAINT ENANCE _.v EQUIPMENT HOURLY RATE JD 544 WHEEL LOADER WITH DEBRIS $482.14 Hour GRAPPLE JD 644 WHEEL LOADER WITH DEBRIS $503.57 Hour GRAPPLE EXTENDABOOM FROKLIFT WITH DEBRIS $375.00 Hour GRAPPLE - 753 BOBCAT SKID STEER LOADER WITH $375.00 Hour DEBRIS GRAPPLE 753 BOBCAT SKID STEER LOADER WITH $375.00 Hour BUCKET 753 BOCAT SKID STEER LOADER WITH $375.00 STREET SWEEPER 30-50 HP FARM TRACTOR WITH BOX BLADE $332.14 Hour OR RAKE 2-2 1/2 CY ARTICULATED LOADER WITH $535.71 Hour BUCKET 3-4 CY ARTICULATED LOADER WITH $578.57 Hour BUCKET JD 648E LOG SKIDDER OR EQUIVALENT $514.29 Hour CAT D4 DOZER $407.14 Hour CAT D5 DOZER $428,57 Hour County of Orange MA-080-22010092 OCPublic Works Disaster-Related Debris Management Services Page 45 of 56 • Attachment E CAT D6 DOZER $450.00 Hour CAT D7 DOZER $1,157.14 Hour CAT D8 DOZER. $1,264,29 Hour CAT 125-140 MOTOR GRADER $750.00 Hour JD 690 TRACK HOE WITH DEBRIS GRAPPLE $535.71 Hour JD 690 TRACK HOE WITH BUCKET AND $535.71 Hour THUMB RUBBER TIRED EXCAVATOR WITH DEBRIS. $535.71 . Hour GRAPPLE JD 310 RUBBER TIRED EXCAVATOR WITH $535.71 Hour DEBRIS GRAPPLE 210 PRENT ISS KNUCKLEBOOM WITH DEBRIS $514.29 Hour GRAPPLE CAT 623 SELF LOADER SCRAPER $514.29 Hour HAND FED DEBRIS CHIPPER $760.71 Hour 300-400 HP GRINDER $942.86 Hour 800-1000 HP GRINDER $1,842.86 Hour 30 TON CRANE $835.71 Hour 50 TON CRANE $1,050.00 Hour 100 TON CRANE(EIGHT HOURS MINIMUM) $1,692.86 Hour 40`-60'BUCKET TRUCK WITH CURRENT $564.29 Hour DIELECTRIC TEST 60'OR GREATER BUCKET TRUCK $707.14 Hour FUEL/SERVICE TRUCK. $375.00 Hour WATER TRUCK 2000 GALLON $375.00 Hour PORTABLE LIGHT PLANT $353.57 Hour LOWBOY TRAILER WITH TRACTOR $514.29 Hour FLATBED TRUCK $439.29 Hour PICK UP TRUCK(UNMANNED) $107.14 Hour SELF LOADING DUMP TRUCK WITH DEBRIS $514.29 Hour GRAPPLE SINGLE AXLE DUMP TRUCK 5-12 CY $407.14 Hour TANDEM AXLE DUMP TRUCK 16-20 CY $428.57 Hour TANDEM AXLE DUMP TRUCK 21-30 CY $450.00 Hour TANDEM AXLE DUMP TRUCK 31-50 CY $471.43 Hour TANDEM AXLE DUMP TRUCK 51-80 CY $492.86 Hour TANDEM AXLE DUMP TRUCK/TRACTOR $514.29 Hour TRAILER.OVER 80 CY POWER SCREEN $675.00 Hour STACKING CONVEYOR $675.00 Hour AIR CURTAIN INCINERATOR SELF $635.71 Hour CONTAINED TEMPORARY OFICE TRAILER $500.00 Hour County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 46 of S Attachment E RESPONSE TRAILER 20' $357.14 Hour RESPONSE TRAILER 36' - $428.57 Hour MOBILE COMMAND CENTER $500.00 Hour VEHICLES/TRANSPORTATION Unit Price Pickup Truck $675.00 Each Pickup Truck Extended Cab $675.00 Each Pickup Truck 4 X 4 $750.00 Each Pickup Truck 1 Ton $750.00 Each Box Truck $210.00 Each Passenger Car $600.00 Each 20'Response Trailer $2,250.00 Each 36'Response Trailer $3,000.00 Each Office Trailer $3,750.00 Each Flatbed Trailer $1,125.00 Each Vehicle Use-Pickups,Vans,Cars $600.00 Roll Vehicle Use-Trailers,Heavy Trucks $85.00 Each 12'Work Boat W/Motor $675.00 Roll 12'Work Boat W/O Motor $600.00 Each Vacuum Truck 3500 Gallon $950.00 Each PERSONAL PROTECTIVE EQUIPMENT Unit (PPE) Price Level A Employee Fully Encapsulated Suit, Scab, 1 $1,137.00 Day Scab Bottle,Gloves And Boots (Does Not Include Suit,Glove,Or Boot Replacement) Level B Employee Protective Coverall,Scab Or $570.00 Day Airline Respirator,Gloves,Boots,And Hard Hats (Does Not Include Coverall Or Glove Replace.) Level C Employee Protective Coverall,.Half Or Full $352.50 Day Face Respirator,Cartridges,Gloves, Boots,And Hard Hats(Does.Not Include Coverall,Cartridge,Or Glove Replacement) Scab Bottles Refill-After The First Included In Level $85.50 Day A&B Charge Above. Cascade Air System Per Employee $178.50 Day Air Filtration Panel $345.00 Day Airline Respirator Each Includes 150 Feet Of Airline $150.00 Day Respirator Airline 50' Section. $150.00 Day Respirator Cartridges. $60.00 Each BASE CAMP EQUIPMENT AND SERVICES Kitchen and Food Services _ 250 Person Capability Base Camp $43,193.00 Day County of Orange MA-080-22010092 OCPublic Works Disaster-Related Debris Management Services Page 47 of 51 Attachment E 500 Person Capability Base Camp $75,965.00 Day Restroom Facilities per Appendix L,section 2.0 including all section 2 subsections. 250 Person Capability Base Camp $12,070.00 Day 500 Person Capability Base Camp $21,230.00 Day Billeting 250 Person Capability Base Camp $84,045.00 Day 500 Person Capability Base Camp $147,815.00 Day Administration Facility 250 Person Capability Base Camp $5,714.00 Day 500 Person Capability Base Camp $5,714.00 Day Medical Clinic 250 Person Capability Base Camp $10,714.00 Day 500 Person Capability Base Camp $10,714.00 Day Morale&Welfare 250 Person Capability Base Camp $6,250.00 Day 500 Person Capability Base Camp $6,250.00 Day Mobile Shower/Services 250 Person Capability Base Camp $11,765.00 Day 500 Person Capability Base Camp $20,695.00 Day Mobile Laundry 250 Person Capability Base Camp $6,723.00 Day 500 Person Capability Base Camp $11,825.00 Day Camp Lighting and Heating and Ventilation 250 Person Capability Base Camp $41,205.00 Day 500 Person Capability Base Camp $72,470.00 Day Ablution Equipment 250 Person Capability Base Camp $10,000.00 Day 500 Person Capability Base Camp $18,000.00 Day 000 Person.Base Camp Scenario/24/7/30 Days of Operation(Minimum) Schedule A-Kitchens/Food Service Mobilization Demobilization Price for 30 Description Price Price Days TOTAL Mobile Catering Unit $15,000.00 $15,000.00 $45,000.00 $75,000.00 Food Supply(including paper products,ice and drinks) $25,000.00 $10,000.00 $2,250,000.00 $2,285,000.00 Reefers for Food&Ice Storage $10,000.00 $10,000.00 $250,000.00 $270,000,00 Dining Tent,Tables, Chairs,and Prep Tents $10,000.00 $10,000.00 $1,250,000.00 $1,270,000.00 County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 48 of St Attachment E 30 yard Roll Offs $1,000.00 $1,000.00 $8,000.00 $10,000,00 Mobile Hand Wash Stations $1,000.00 $1,000.00 $51,429.00 $53,429.00 Schedule B-Restroom Facilities Mobilization Demobilization Price for 30 Description Price Price Days TOTAL Portable Toilets $45,000.00 $45,000.00 $700,000.00 $790,000.00 Mobile Hand Wash Stations $1,000.00 $1,000.00 $51,429.00 $53,429.00 Schedule C-Billeting Mobilization Demobilization Price for 30 Description Price Price Days TOTAL Sleep Tents $100,000.00 $100,000.00 $7,140,000.00 $7,340,000.00 Cots $40,000.00 $40,000.00 $300,000.00 $380,000.00 Linen Sets $15,000.00 $15,000.00 $60,000.00 $90,000.00 Schedule D-Administrative Facility Mobilization Demobilization Price for 30 Description Price Price Days TOTAL Tent,Tables,Chairs $10,000.00 $10,000,00 $160,000.00 $180,000.00 Schedule E-Medical Clinic Mobilization Demobilization Price for 30 Description Price Price Days TOTAL Tent,Tables,Chairs $10,000.00 $10,000.00 $160,000.00 _ $180,000.00 Divider Wall,Refrigerator, Hand Sink(Daily Service) $5,000.00 $5,000.00 $40,000.00 $50,000.00 N Poles,Fans,Outlets $5,000.00 $5,000.00 $100,000.00 $110,000.00 Schedule F-Morale,Welfare&Recreation Mobilization Demobilization Price for 30 Description Price Price Days TOTAL Tents,Tables,Chairs $10,000.00 $10,000.00 $160,000.00 $180,000.00 • Television $1,500.00 $1,500.00 $15,000.00 _ $18,000.00 Schedule G-Mobile Showers Mobilization Demobilization Price for 30 Description Price Price Days TOTAL Count?of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 49 of BB Attachment E Shower Units $60,000.00 $60,000.00 $1,050,000.00 $1,170,000.00 Schedule;H-Mobile Laundries Mobilization Demobilization Price for 30 Description Price Price Days TOTAL Mobile Laundry Unit $60,000.00 $60,000.00 $600,000.00 $720,000.00 Schedule I-Camp Lighting.&Heating and Ventilation(fans) Mobilization Demobilization Price for 30 Description Price Price Days TOTAL Tower Lights $1,500.00 $1,500.00 $52,000.00 $55,000.00 Heating $50,000.00 $50,000.00 $3,375,000.00 $3,475,000.00 Ventilation $7,500.00 $7,500.00. $250,000.00 $265,000.00 Landslideaand Sli Out Stabilization Launched Soil Nails(excludes mob/demob and crew rate items 14&15) Perforated Steel tube up to 20ft.Length Each $733.35 Perforated fiberglass tube up to 20ft.,pressure grouted w#6 Each $753.35 epoxy coated inner bar 1 Perforated steel tube up to 20ft,pressure grouted with#6 Each $580.00 epoxy coated inner bar Temporary Soil nail,bare steel tube up to 20ft.Length Each $460.00 Perforated fiberglass tube up to 20 ft.length Each $600.00 Perforated steel tube up to 20ft.length Each $460.00 Drilled Permanently cased soil nails(excludes mob/demob and crew rate items 14&15) Steel tube up to 20ft length drilled and grouted w#6 epoxy Each $666.70 coated inner bar Steel tube up to 30ft length drilled and grouted w#6 epoxy Each $920.00 coated inner bar Steel tube up to 40ft length drilled and grouted w#6 epoxy Each $1,046.70 2 coated inner bar Steel tube up to 50ft length drilled and grouted w#6 epoxy Each $1,166.70 coated inner bar Steel tube up to 60ft length drilled and grouted w#6 epoxy Each $1,380.00 coated inner bar Steel tube up to 70ft length drilled and grouted w#6 epoxy Each $1,586.70 coated inner bar Steel tube up to 80ft length drilled and grouted w#6 epoxy Each $1,793.35 coated inner bar County of Orange MA-080-22010092 OCPublic Works Disaster-Related Debris Management Services Page 50 of 513 Attachment E Self-Drilling SuperNails(excludes mob/demob and crew rate items 14&15) Self drilling supernails up to 20ft in length Each $800.00 Self drilling supernails up to 30ft in length Each $1,100.00 Self drilling supernails up to 40ft in length Each $1,550.00 3 Self drilling supernails up to 50ft in length Each $1,880.00 Self drilling supernails up to 60ft in length Each $2,250.00 Self drilling supernails up to 70ft in length Each $2,600.00 Self drilling supemails up to 80ft in length Each $2,960.00 Additional cost for 10ft.High capacity X-51 Bar Each $127.00 Supernail testing(excludes mob/demob and crew rate itemsl4&15) 4 Proof testing Each $926.50 Verification testing Each $1,850.00 BioWall(excludes mob/demob and crew rate items 14&15) 5 BioWall construction SF uar a $28.00 oot GeoSynthetically confined Soil components(excludes mob/demob and crew rate items 14&15) Geosynthetically Confined Soil Wall construction(excludes Square $14.35 materials) Foot 6 Galvanized wire basket units-approximately 10"x120' Each $128.00 Concrete masonry units—approximately 8'x8'x16' Each $6.00 uar Woven Geotextile Fe $1.00 oot Turf(excludes mob/demob and crew rate items 14&15) uar 7 Permanent turf reinforcement mat Fe $1.75 Biodegradable turf reinforcing mat Sqoot uare $0.75 Shotcrete or Gunite(excludes mob/demob and crew rate items 14&15) Wet-Mix reinforced shotcrete(unit per inch thickness over SFI $5.70 one square foot of area=SFI) $ Dry-Mix reinforced gunite(unit per inch thickness over one square foot of area=SFI) SFI $7.70 Steel fiber reinforcement(unit per inch thickness over one SFI $1.35 square foot of area=SF1) 9 Steel mesh surface treatment for use with launched soil nails(excludes mob/demob and crew rate items 14&15) County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 51 of 56 Attachment E High capacity diamond mesh Square $13.35 Foot uar Double twist wire mesh F e $16.67 oot Galvanized Steel plates 8"x8" Each $42.00 Galvanized Steel plates 10"x10" Each $53.35 Galvanized Steel plates 12"x12" Each $72.00 Drilled Horizontal Drains(excludes mob/demob and crew rate items 14&15) 10 Drilled PVC Horizontal drains up to 2" diameter LF $25.00 Stripdrain-6"wide LF $4.50 PVC Drain collector pipe system LF $20.00 Rockfall Stabilization(excludes mob/demob and crew rate items 14&15) Scaling Square $5.00 Foo Trim Blasting F4 o e $206.50 Slope Drape-Double twist wire mesh Yazd $54.50 Slope Drape-Cable Net Sq de $173.35 11 Slope Drape-Tecco Mesh(4mm) Sgazde $173.35 Temporary rockfall barrier LF $626.75 Low reach drilling(<25 feet) LF $28.00 High reach drilling(>25 feet) LF $53.35 Limited access drilling LF $125.35 F&I Rock Dowel-#8 Grade 75 all-thread bar galvani7'd LF $22.35 F&I Rock Dowel-#11 Grade 75 all-thread bar galvanized LF $35.35 F&I Rock Dowel-#8 Grade 150 all-thread bar galvanized LF $28.00 F&I Rock Dowel-#11 Grade 150 all-thread bar galvanized LF $42.00 Rock Anchor testing _ Each $1,060.00 Grouting(excludes mob/demob and crew rate items 14&15) Compaction grouting casing installation LF $28.00 • 12 Compaction grout for soils densification CF $21.50 Compaction grout for void fill CF $21.50 Polyurethane grouting for void fill and re-leveling Pound $13.00 Large Diameter Micropiles(excludes mob/demob and crew rate items 14&15) 13 5 inch Micropiles(with up to 5.5"steel casing) LF $115.00 7 inch Micropiles(with up to 7.625"steel casing) LF $157.75 County of Orange MA-080-22010092 OCPublic Works Disaster-Related Debris Management Services Page 52 of 515 Attachment E 10 inch Micropiles(with up to 9.625"steel casing) LF $201.75 12 inch Micropiles(with up to 11.875"steel casing) LF $258.25 Mobilization/Demobilization 14 Mobilization Each $22,235.00 Limited access,Rockfall&Compaction mobilization in Each $13,035.00 addition to Mobilization Daily Crew Rates Soils stabilization crew,per workday Day $14,065.00 15 Rockfall stabilization crew,per workday Day $12,465.00 Compaction grouting crew,per workday Day $16,800.00 Additional crew member/crew Each $2,800.00 16 River and Canal Shoreline Restoration LF $65.00 3. Firm Discount and Pricing Structure: Contractor guarantees that prices quoted are equal to or less than prices quoted to any other local,State or Federal government entity for services of equal or lesser scope. Contractor agrees that no price increases shall be passed along to the County during the term of this Contract not otherwise specified and provided for within this Contract. 4. PRICE INCREASE/DECREASES: No price increases will be permitted during the first term of the Contract. The County requires documented proof of cost increases on Contracts prior to any price adjustment. A minimum of 180-days advance notice in writing is required to secure such adjustment. No retroactive price adjustments will be considered. All price decreases will automatically be extended to the County of Orange. The County may enforce,negotiate,or cancel escalating price Contracts or take any other action it deems appropriate,as it sees fit. The net dollar. amount of profit will remain firm during the period of the Contract. Adjustments increasing the Contractor's profit will not be allowed. 5. FIRM DISCOUNT AND PRICING STRUCTURE: Contractor guarantees that prices quoted are equal to or less than prices quoted to any other local, State or Federal government entity for services of equal or lesser scope. Contractor agrees that no price increases shall be passed along to the County du ring the term of this Contract not otherwise specified and provided for within this Contract. 6. CONTRACTOR'S EXPENSE: The Contractor will be responsible for all costs related to photo copying, telephone communications and fax communications while on County sites during the performance of work and services under this Contract. 7. PAYMENT TERMS—PAYMENT IN ARREARS: Invoices are to be submitted in arrears to the user agency/department to the ship-to address, unless otherwise directed in this Contract. Contractor shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to the County of Orange and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with the Contractor. Billing shall cover services and/or goods not previously invoiced. The Contractor shall reimburse the County of Orange for any monies paid to the Contractor for goods or services not provided or when goods or services do not meet the Contract requirements. County of Orange MA-080-22010092 OCPublic Works Disaster-Related Debris Management Services Page 53 of 56 Attachment E Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services. 8. TAXPAYER ID NUMBER: The Contractor shall include its taxpayer ID number on all invoices submitted to the County for payment to ensure compliance with IRS requirements and to expedite payment processing. 9. PAYMENT — INVOICING INSTRUCTIONS: The Contractor will provide an invoice on the Contractor's letterhead for goods delivered and/or services rendered. In the case of goods, the Contractor will leave an invoice with each delivery. Each invoice will have a number and will include the following information: A. Contractor's name and address B. Contractor's remittance address,if different from"A"above C. Contractor's Taxpayer ID Number D. Name of County Agency/Department E. Delivery/Service address F. Master Agreement(MA)or Purchase Order(PO)number G. Agency/Department's Account Number H. Date of invoice • I. Product/Service description,quantity,and prices J. Sales tax,if applicable K. Freight/Delivery charges,if applicable L. Total Invoices and support documentation are to be forwarded to: OC Public Works/Procurement Services Attn: Accounts Payable PO Box 4048 Santa Ana, CA 92702-4048 Email: accountspayablesaocpw.ocgov.com Contractor has the option of receiving payment directly to their bank account via an Electronic. Fund Transfer(EFT)process in lieu of a check payment. Payment made via EFT will also receive Electronic Remittance Advice with the payment details via email. An email address will need to be provided to the County via an EFT Authorization Form. To request a form,please contact the DPA. County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 54 of 5 Attachment E ATTACHMENT C STAFFING PLAN Name Classification/Designationy Years of ,,....,., • John Sullivan President 26 years+ Mark Stafford Vice President of Response and Recovery 41 years+ Kristy Fuentes Vice President,Secretary,Treasurer 23 years+ Tony Furr Vice President of Operations 19 years+ Joe Newman Director of Technical Assistance and Training 17 years+ Jeff Snow Regional Manager 11 years+ Lisa Garcia Contracts Manager 16 years+ The Contractor understands that the personnel represented as assigned to the Contract must remain working on the Contract throughout the duration of the Contract unless otherwise requested or approved by the County. Substitution or addition of key personnel in any given category or classification shall be allowed only with prior written approval of the County Building Manager. Note: The written approval of substituted Key Personnel is for departmental use only and shall not be used for auditing purposes outside OC Public Works. - Contractor may reserve the right to involve other personnel, as their services are required. The specific individuals will be assigned based on the need and timing of the service/classification required.Assignment of additional key personnel shall be subject to County Building Manager written approval. Note: The written approval of additional Key Personnel is for departmental use only and shall not be used for auditing purposes outside OC Public Works. County reserves the right to have any personnel removed from providing services to County under this Contract.County is not required to provide any reason for the request for removal of any personnel. 1. Subcontractor(s) Listed below are subcontractor(s)anticipated by Contractor to perform services specified in Attachment A. Substitution or addition of Contractor's subcontractors in any given project function shall be allowed only with prior written approval of County's Project Manager. Corporate Address&Local CO itac Name ands Company Name �..K. . Pro Address.(if-a p6cabl . ,. ,.lelepho Numb .. aciaa ACCESS 1512 Timberwood,Irvine,CA. Mark Newgent 949- Supply Chain— INTERNATIONAL 92620 529-0497 Fuel\Oil,Logistics, Lab Testing 6558 Lonetree Boulevard Environmental Forger,LLC Rocklin,CA 95765 6025 South Matt Marks 720- remediation,flood Quebec Street,Suite 300, 221-1126 control and ecosystem Centennial,CO 80111 restoration Coleman Environmental 85 E.Hwy.20 Upper Lake,CA Lee Weisenberg Full scope Engineering,Inc. 95485 707-275-9016 Environmental Engineering, County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 55 of 56 Attachment E : = - Corporate Address&.:Local. Contact Dame.and Company Name Project Function Addressi(if applicable) Telephone:Nnmbear .. Municipal Engineering, StreainRestoration, Civil Engineering, Water Supply, Wastewater County of Orange MA-080-22010092 OC Public Works Disaster-Related Debris Management Services Page 56 of 56 "iII7 .7 . ., ■ -, . Coo erative , ,m, 411IN p plor, ,. • Ag reement for • Pit \ .411 • - - --- -� Disaster-Related • -------- - 1-7- Debris Management ,,r�rt/r,��,� . I � 5 .._..*"*__ -`" =- ,- ---._.--.:'_-"-_-,- -- ,, - , ..aa ,,c 1 Services ,,,,,,,..,,, , „,..., ,,,,,, ,, , , DRC Pacific, Inc. 1,... - .. ° # •v September 3 , 2024 r ..... Ile ass_ kv,ea I 0 0 UNT ('mow 399 Contract In the case of a declared significant disaster, this contract will allow the City to hire DRC Pacific, Inc. to provide resources for debris management services. :E a ^ LF . rC Cobw)j 400 Vendor Selection Process : • The County of Orange issued a Request for Proposals for disaster-related debris management services in August of 2021 . • Five proposals were received and scored. • Two vendors were selected to receive contracts- Ashbritt, Inc. and DRC Pacific, Inc. • The County Board of Supervisors and the Flood Control District approved both contracts on November 16, 2021 . • The City of Huntington Beach has chosen to enter into a ,”�ti�p cooperative agreement with DRC Pacific, Inc. -,,t: ;= c- left r°0 T cV 401 Funding : • Depending on the extent of the disaster, a budget will be prepared and approved by City Council upon declaration of the significant disaster. • Reimbursement for related expenditures will be requested from FEMA, Cal-OES, and other appropriate parties. ec, as A cour�r 402 fc.....,-L.., .....--.1 ® DATE(MMIDDM'Yl� A`� CERTIFICATE OF LIABILITY INSURANCE 08/12/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Turner Murphy McGriff Insurance Services,LLC PHONE 713-877-8975 FAX 713-877-8974 10100 Katy Freeway,f/400 1A/C.No.EMI: (A/C,No): Houston,TX 77043 EMAIL ADDRESS:tumer,murphy@mcgrifLcom INSURER(S)AFFORDING COVERAGE NAIC S INSURER A:Crum&Forster Specialty Insurance Company 44520 INSURED INSURER B:United States Fire Insurance Company 21113 DRC PacMc,Inc. P.O.Box 17017 INSURER C:Texas Mutual Insurance Company 22945 Galveston,TX 77552 INSURER D:Argonaut Insurance Company 19801 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:VZ24GTSP REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) A X COMMERCIAL GENERAL LIABILITY ECG107202 03/31/2024 03/31/2025 EACH OCCURRENCE $ 5,000,000 DAMAGE TO RENTED CLAIMS-MADE []OCCUR PREMISES a ES(Ea occurrence) $ 200,000 MED EXP(Any one person) S 10,000 PERSONAL&ADV INJURY S 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 5,000,000 POLICY E ET- E LOC PRODUCTS-COMP/OP AGG S 5,000,000 OTHER $ B AUTOMOBILE LIABILITY 1387748556 03/31/2.024 03/31/2025 COMBINED SINGLE LIMIT 1,000,000 Ma accident) S X-ANY AUTO BODILY INJURY(Per person) S — OWNED SCHEDULED BODILY INJURY(Per acddenl) S AUTOS ONLY AUTOS • HIRED NON-OWNED PROPERTY DAMAGE $ _ AUTOS ONLY _ AUTOS ONLY (Per accident) $ A UMBRELLA UAB X OCCUR EFX125034 03/31/2024 03/31/2025 EACH OCCURRENCE S 5,000,000 X EXCESS UAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTIONS S C WORKERS COMPENSATION 0001307608 TX 03/31/2024 03/31/2025 X STATUTE ER D AND EMPLOYERS'LIABILITY YIN 929088471754 OS ANY PROPRIETORRARTNERIEXECUTIVE E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? N❑ N/A (Mandatory In NH) EL.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S S S S S S DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more apace Is required) APPROVED AS TO FOR MICHAEL E.GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH _ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Huntington Beach AUTHORIZED REPRESENTATIVE l�i�L (/ (�/ 9,,e Hunt Main Street Huntington Beach,CA 92648 • Page 1 of 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ECG107202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)or Organization(s) Blanket when specifically required in a written contract with the named insured. A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by"your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for"damages" arising out of"your work" performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any"claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0118-0211 Page 1 of 1 POLICY NUMBER ECG-107202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART • SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) of Covered Operations The City of Huntington Beach, its officers, elected or Blanket when specifically required in a written appointed officials, employees, agents and volunteers contract with the named insured 2000 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section III — Who Is An Insured within the With respect to the insurance afforded to these Common Provisions is amended to include as additional insureds, the following additional an additional insured the person(s) or exclusions apply: organization(s) shown in the Schedule, but only This insurance does not apply to "bodily injury" with respect to liability for "bodily injury", or"property damage"occurring after: "property damage" or "personal and advertising 3. All work, including materials, parts 'or injury" cause, in whole or in part, by: equipment furnished in connection with 1. Your acts or omissions; or such work, on the project (other than 2. The acts or omissions of those acting on service, maintenance or repairs) to be your behalf; performed by or on behalf of the additional in the performance of your ongoing operations insured(s) at the location of the covered for the additional insured(s) at the location(s) operations has been completed; or designated above. 4. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. EN0321-0211 Page 1 of 1 POLICY NUMBER ECG-107202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: • COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Person(s) or Location And Description Of Completed Organization(s): Operations The City of Huntington Beach, its officers, elected Blanket when specifically required in a written or appointed officials, employees, agents and contract with the named insured. volunteers 2000 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section III — Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". EN0320-0211 Page 1 of 1