TABLE OF CONTENTS - Nags Head



COUNTY OF DARE

HURRICANE/DISASTER DEBRIS REMOVAL PROFESSIONAL SERVICES AGREEMENT

TABLE OF CONTENTS | |

article page

1. Effective Date/ Term 2

2. Services to be Performed by Contractor 3

3. Compensation 3

4. Insurance 4

5. Standard of Care 5

6. Indemnification 6

7. Independent Contractor 6

8. Compliance with Laws 7

9. Subcontractors 7

10. Federal and State Taxes 7

11. Availability of Funds 9

12. County's Responsibilities 9

13. Termination of Agreement 9

14. Uncontrollable Forces 10

15. Governing Law and Venue 10

16. Non-Discrimination 10

17. Waiver 11

18. Severability 11

19. Entirety of Agreement 11

20. Modification 11

21. Successors and Assigns 12

22. Contingent Fees 12

23. Truth-in-Negotiation Certificate 12

24. Ownership of Documents 12

25. Access and Audits 12

26. Notice 13

27 Contract Administration 13

28. Key Personnel 14

29. Minority/Women Business Enterprise (M/WBE) 14

30. Confidentiality 14

EXHIBITS

A Scope of Work 16

B-1 Price Proposal Form 29

B-2 Fee Schedule-Hourly Rate 31

C Debris Management Plan 33

STATE OF NORTH CAROLINA

COUNTY OF DARE

HURRICANE/DISASTER DEBRIS REMOVAL

PROFESSIONAL SERVICES CONTRACT

THIS AGREEMENT is made this the ____ day of ________, 2003, by and between the County of Dare, Post Office Box 1000, North Carolina, 27954 (hereinafter referred to as COUNTY) and Crowder-Gulf, Inc., 5535 Business Parkway, Theodore, Alabama, 36582 (hereinafter referred to as CONTRACTOR).

RECITALS

WHEREAS, it is foreseen that it may be in the public interest to provide for the expedient removal of storm debris within the corporate limits of the County plus recovery Technical Assistance to the appointed and elected officials resulting from a future storm or manmade event; and

WHEREAS, the County has in the past suffered the full force and effects of major storms and the resulting destruction brought upon the County by such storms or manmade disasters; and

WHEREAS, the public health and safety of all the citizens will be at serious risk; and

WHEREAS, the immediate economical recovery of the County and its citizens is a major concern and the primary priority for recovery; and

WHEREAS, the availability of experienced prime storm debris contractors may be severely limited; and

WHEREAS, Contractor has the experience, equipment, manpower, permits and licenses to perform all storm related debris services; and

WHEREAS, the County and the Contractor have agreed to the Scope of Services, prices, terms and conditions as set out in this Contract; and

NOW THEREFORE, in consideration of the promises contained herein and acknowledged by both parties, the parties do agree as follows:

ARTICLE 1 - EFFECTIVE DATE / TERM

1.1 - EFFECTIVE DATE

The effective date of this Agreement shall be __________________, 2003.

1.2 - TERM

Term of Agreement shall be for a three (3) year period, unless otherwise modified or terminated as provided herein. The COUNTY shall have the option of extending the Agreement for five (5) additional years in one (1) year periods at the same terms and conditions unless modified as mutually agreed to by CONTRACTOR and COUNTY. Such extension shall be in the form of a written Amendment to the Agreement executed by both parties.

ARTICLE 2 - SERVICES TO BE PERFORMED BY CONTRACTOR

CONTRACTOR shall perform the Services as specifically stated in the Scope of Work (See Exhibit A, which is attached and incorporated herein by reference) and the Debris Management Plan (See Exhibit C, which is attached and incorporated herein by reference) as may be specifically designated and authorized by the COUNTY (hereinafter referred to as “Services”).  Authorizations for Services shall be referred to as “Task Orders.”  Each Task Order form shall set forth a specific Scope of Services, amount of compensation and completion date.

To the extent that COUNTY may be required to enter into agreements with Federal and/or State agencies for disaster relief, CONTRACTOR shall be bound by the terms and conditions of any and all such agreements. The Contractor shall acknowledge the presence of other contractors involved in disaster response and recovery activities by federal, state and local government and of any private utility, and shall not interfere with their work

ARTICLE 3 - COMPENSATION

CONTRACTOR shall bear the costs of performing all Services under this Agreement, as directed by the COUNTY, plus applicable permit and license fees and all maintenance costs required to maintain its vehicles and other equipment in a condition and manner adequate to accomplish and perform all Services under this Agreement.

COUNTY shall pay CONTRACTOR in accordance with Price Proposal Form (Exhibit B-1) and Fee Schedule-Hourly Rate (Exhibit B-2) which are attached and incorporated herein by reference as part of this Agreement.

Compensation may be negotiated as a lump sum or not to exceed price on a per-project basis, on each individual Task Order. Invoices must reference the Task Order number.

The total compensation to the CONTRACTOR shall not exceed the total cost of the CONTRACTOR’S Proposal. Prior approval for any work/cost increase shall be accomplished by submission of a Change Order within forty-eight (48) hours of foreseen change. No work shall be performed prior to the issuance of said Change Order.

CONTRACTOR shall submit a periodic invoice for services rendered. Invoices shall include a statement of progress and appropriate detail to satisfy County and FEMA requirements.

Each individual invoice shall be due and payable thirty (30) days after receipt of correct, fully documented, invoice by the COUNTY. All invoices shall be delivered to:

Dare County Purchasing Department

PO Box 1000

Manteo, North Carolina 27954

Attn: Purchasing Agent

In order for both parties herein to close their books and records, the CONTRACTOR will clearly state "Final Invoice" on the CONTRACTOR'S final/last billing to the COUNTY. Such statement shall serve as certification that all services have been properly performed and all charges and costs have been invoiced to the County. Upon submission of the Final Invoice, COUNTY’S account with CONTRACTOR will be closed; any and other further charges if not properly included on the Final Invoice are waived by the CONTRACTOR.

The COUNTY will retain five percent (5%) of the value of each Task Order until such time as the project is completed to the COUNTY’S satisfaction and all sub-contractors and material suppliers verify receipt of all payment for which they are entitled under the terms of the CONTRACTOR’S contract.

ARTICLE 4 - INSURANCE

During the performance of the Services under this Agreement, CONTRACTOR shall maintain the following insurance policies, and be written by an insurance company authorized to do business in North Carolina.

1. General Liability. Insurance with bodily injury limits of not less than $1,000,000 for each occurrence, and with property damage limits of not less than $1,000,000 for each occurrence.

2. Automobile Liability. Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $1,000,000 for each accident.

3. Workers' Compensation. Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each accident, $100,000 for each disease, and $500,000 aggregate.

Deductible amounts shall not exceed 5% of the total amount of required insurance in each category. Should any policy contain any unusual exclusion, said exclusions shall be so indicated on the certificate(s) of insurance.

CONTRACTOR shall furnish COUNTY certificates of insurance, which shall include a provision that policy cancellation, non-renewal, or reduction of coverage shall not be effective until at least thirty (30) days prior written notice has been made to the COUNTY.  CONTRACTOR shall include COUNTY as an additional insured on the General Liability and Automobile Liability insurance policy required by the Agreement.  All of CONTRACTOR'S sub-contractors shall be required to include COUNTY and CONTRACTOR as additional insured on their General Liability insurance policies.

In the event that any sub-contractor(s) used by the CONTRACTOR in conjunction with performing Services under this Agreement do not have insurance, or do not meet the insurance limits, CONTRACTOR shall indemnify and hold harmless the COUNTY for any claim in excess of the sub-contractor(s)’s insurance coverage.

The CONTRACTOR shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the COUNTY.

ARTICLE 5 - STANDARD OF CARE / LICENSURE

CONTRACTOR shall exercise the same degree of care, skill, and diligence in the performance of all Services under this Agreement as is ordinarily provided by a comparable professional under similar circumstances and CONTRACTOR shall, at no additional cost to COUNTY, re-perform services which fail to satisfy the foregoing standard of care.

The CONTRACTOR warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field.

The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and perform all Services under this Agreement, and that it will at all times conduct its business activities in a reputable manner. Except as may be otherwise provided for in this Agreement, CONTRACTOR shall be responsible for obtaining, at its own expense, all permits and approvals necessary to perform the Services under this Agreement for each project.

ARTICLE 6 - INDEMNIFICATION

6.1 General 

Having considered the risks and potential liabilities that may exist during the performance of the Services under this Agreement and in consideration of the promises included herein, COUNTY and CONTRACTOR agree to allocate such liabilities in accordance with this Article.

6.2 Indemnification

CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the COUNTY, its employees and representatives, from any and all liabilities and costs(including all attorney's fees and court costs) arising in any claims, appeals, legal or administrative proceedings for which the COUNTY, its employees and representatives, can or may be held liable as a result of any injury (including death) to persons or damage to property occurring by reason of any acts or omissions of the CONTRACTOR, its employees, subcontractors or agents arising out of or connected with this Agreement. The CONTRACTOR shall not be required to indemnify the COUNTY or its agents, employees, or representatives, when an occurrence results solely from the wrongful acts or omissions of the COUNTY, or its agents, employees or representatives.

6.3 Survival

Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive.

ARTICLE 7 - INDEPENDENT CONTRACTOR

CONTRACTOR undertakes performance of the Services under this Agreement as an independent contractor and shall be wholly responsible for all means, techniques, safety programs and procedures, and methods of performance.  COUNTY shall have no right to supervise the methods used, but COUNTY shall have the right to observe such performance.  CONTRACTOR will supervise and/or direct all contracted and subcontracted services, and will employ and maintain on the work site(s) a qualified supervisor who shall have full authority to act on behalf of the CONTRACTOR, and all communications given to the supervisor(s) by the COUNTY shall be binding as if given to the CONTRACTOR. CONTRACTOR shall work closely with COUNTY in performing Services under this Agreement.

The CONTRACTOR shall not pledge the COUNTY’S credit or make it a guarantor of payment of surety for any contract, debt, obligation, judgment, lien or any form of indebtedness.  The CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement.

ARTICLE 8 - COMPLIANCE WITH LAWS

In performance of the Services, CONTRACTOR will comply with applicable regulatory requirements including federal, state, special district, and local laws, rules, regulations, orders, codes, criteria and standards, and shall obtain all permits and licenses necessary to perform the Services under this Agreement at CONTRACTOR’S own expense.

ARTICLE 9 – SUBCONTRACTORS

The CONTRACTOR may utilize the service of subcontractors and shall be responsible for and indemnify COUNTY against any claims, damages, injuries or causes of action (including attorney’s fees) arising out of or resulting from the acts or omissions of its subcontractors to the same extent CONTRACTOR is responsible for the acts and omissions of its employees and agents. CONTRACTOR shall ensure that all subcontractors employed by or under contract with CONTRACTOR have and carry the same or substantially similar insurance as required of CONTRACTOR under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and the COUNTY.

CONTRACTOR shall supply the names and addresses of subcontractors and materials suppliers when requested to do so by the COUNTY. The COUNTY reserves the right to accept the CONTRACTOR’S use of a particular subcontractor or to reject the selection of a particular subcontractor, and to inspect all facilities of any subcontractor to ensure the subcontractor’s ability to perform properly under this Agreement. The terms and conditions contained in the COUNTY’S Request for Proposal and this Agreement shall apply to all subcontractors, and all subcontractors are subject to all such terms and conditions to the same degree as CONTRACTOR.

If a subcontractor fails to perform or make progress as required by this Agreement, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CONTRACTOR shall promptly do so, subject to acceptance of the new subcontractor by the COUNTY.

ARTICLE 10 - FEDERAL AND STATE TAXES

The COUNTY is exempt from Federal Taxes.  Upon request, the COUNTY will provide an exemption certificate to CONTRACTOR. The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with the COUNTY, nor shall the CONTRACTOR be authorized to use the COUNTY’S Tax Exemption Number in securing such materials.

CONTRACTOR shall maintain all tax records during the life of the project and furnish the COUNTY with a complete listing of all taxes paid by County, invoice number, date, amount, etc. CONTRACTOR shall use the form bound in the COUNTY’S Request for Proposals. CONTRACTOR is required to maintain a file showing taxes paid on the project for three (3) years after completion of the project, and shall provide COUNTY with a copy of said documents upon completion of the project.

The following is a list of requirements to be followed by CONTRACTOR in maintaining proper records and reporting the North Carolina Sales and Use Tax. CONTRACTOR shall comply fully with the requirements outlined below in order that the COUNTY may recover the amount of tax permitted under the law.

(a). It shall be the CONTRACTOR’S responsibility to furnish to the COUNTY documentary evidence showing the materials used and sales and use tax paid by the CONTRACTOR and each subcontractor. Such evidence shall be transmitted to the COUNTY monthly.

(b). The documentary evidence shall consist of a certified statement by the CONTRACTOR and each subcontractor individually; showing total purchases of materials from each separate vendor and total sales and use taxes paid each vendor. Certified statements must show the invoice number or numbers, covered and inclusive dates of such invoices.

(c). Materials used from the CONTRACTOR’S or subcontractor(s)’s warehouse stock shall be shown in a certified statement at warehouse stock prices.

(d). The CONTRACTOR shall not be required to certify the subcontractor(s)’s statement(s).

(e). CONTRACTOR included the prevailing North Carolina sales and use tax and the prevailing local sales and use tax in CONTRACTOR’S bid to COUNTY and warrants that the bid price contained in CONTRACTOR’S bid includes said sales and use taxes. Failure to include this statement will not relieve the CONTRACTOR from furnishing materials, sales tax included, at the price set out in his Proposal.

(f). CONTRACTOR warrants that it is aware that the prevailing local sales and use tax is now collected on sales made in all counties in North Carolina except Burke County. Purchases within all counties except Burke County will require separate certified statements for this tax. This statement shall give the vendor’s name, number, total amount of invoice, date of invoice, and amount of the special tax paid and the county in which such tax was paid. In the event that the CONTRACTOR elects to file a combined certified statement showing the prevailing state tax and the prevailing local tax separately, such statement will be acceptable provided he indicates the county or counties in which the prevailing local tax was paid.

ARTICLE 11 - AVAILABILITY OF FUNDS

The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for this purpose by the Board of Dare County Board of Commissioners.

ARTICLE 12 - COUNTY’S RESPONSIBILITIES

COUNTY shall be responsible for providing access to all project sites, and providing information on hand required by CONTRACTOR, including; existing reports, studies, financial information, and other required data that are available in the files of the COUNTY.

COUNTY shall be responsible for securing all necessary permissions, waivers and Right-of-Entry Agreements from property owners as prescribed by law, where necessary, for the removal of debris and/or demolition of structures from residential and/or commercial properties, as necessary for CONTRACTOR to perform the Services under this Agreement.

ARTICLE 13 - TERMINATION OF AGREEMENT

This Agreement may be terminated by the CONTRACTOR upon sixty (60) days prior written notice to the COUNTY in the event of substantial failure by the COUNTY to perform in accordance with the terms of the Agreement through no fault of the CONTRACTOR.  It may also be terminated by the COUNTY with or without cause immediately upon written notice to the CONTRACTOR.  Unless the CONTRACTOR is in breach of this Agreement, the CONTRACTOR shall be paid for services rendered to the COUNTY’S satisfaction through the date of termination.  After receipt of a Termination Notice and except as otherwise directed by the COUNTY, the CONTRACTOR shall:

(a). Stop work on the date and to the extent specified.

(b). Terminate and settle all orders and subcontracts relating to the performance of the terminated work.

(c). Transfer all work in process, completed work, and other material related to the terminated work to the COUNTY.

(d). Continue and complete all parts of the work that have not been terminated.

The CONTRACTOR shall be paid for services actually rendered as of the date of termination.

ARTICLE 14 - UNCONTROLLABLE FORCES

Neither the COUNTY nor CONTRACTOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions.

Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement.

ARTICLE 15 - GOVERNING LAW AND VENUE

This Agreement shall be governed by and interpreted according to the laws of the State of North Carolina. The venue for any and all legal action necessary to enforce the Agreement shall be Dare County, North Carolina.

ARTICLE 16 - NON-DISCRIMINATION

The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, gender, age or national origin.

ARTICLE 17 - WAIVER

A waiver by either COUNTY or CONTRACTOR of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing.  In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach.

ARTICLE 18 - SEVERABILITY

The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement.  Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void.  The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision.

The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void.

ARTICLE 19 - ENTIRETY OF AGREEMENT

The COUNTY and the CONTRACTOR agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein.  This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters or other communications between the COUNTY and CONTRACTOR pertaining to the Services, whether written or oral.  None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered except by written instrument executed by the parties hereto.

ARTICLE 20 - MODIFICATION

The Agreement may not be modified unless such modifications are evidenced in writing and signed by both COUNTY and CONTRACTOR. Such modifications shall be in the form of a written Amendment executed by both parties.

ARTICLE 21 - SUCCESSORS AND ASSIGNS

COUNTY and CONTRACTOR each binds itself and its partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives. CONTRACTOR shall not assign this Agreement without the express written approval of the COUNTY via executed amendment.

ARTICLE 22 - CONTINGENT FEES

The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement.

ARTICLE 23 - TRUTH-IN-NEGOTIATION CERTIFICATE

Execution of this Agreement by the CONTRACTOR shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement.

The said rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside contractors. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following payment.

ARTICLE 24 - OWNERSHIP OF DOCUMENTS

CONTRACTOR shall be required to cooperate with other contractors relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information shall become the property of the COUNTY for its use and/or distribution as may be deemed appropriate by the COUNTY.

ARTICLE 25 - ACCESS AND AUDITS

CONTRACTOR shall maintain financial and program records to justify all charges and costs incurred in performing the work on each project under this Agreement for at least three (3) years following final payment to the COUNTY as Federal Emergency Management Agency sub-grantee as required by FEMA’s 322 Public Assistance Guide, page 114, as amended, or any similar regulation, policy, or document adopted by FEMA subsequent to the execution of this Agreement. The COUNTY shall have access to such books, records, and documents as required under this Article for the purpose of inspection or audit during normal working business hours at the CONTRACTOR'S place of business.

ARTICLE 26 - NOTICE

Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows:

As to COUNTY:

Dare County Purchasing Department

PO Box 1000

Manteo, North Carolina 27954

Attention:  Purchasing Agent

As to CONTRACTOR:

____________________

___________________

___________________

Attention: ___________

Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to which such notice is to be directed may be made from time to time by either party by written notice to the other party. Facsimile transmission is acceptable notice effective when received, however, facsimile transmissions received and printed after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein.

Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of CONTRACTOR and COUNTY.

ARTICLE 27 - CONTRACT ADMINISTRATION

Services of CONTRACTOR shall be under the general direction of the Dare County Debris Manager, or his/her successor, who shall act as the COUNTY’S representative during the term of the Agreement.

ARTICLE 28 - KEY PERSONNEL

CONTRACTOR shall notify COUNTY in the event of key personnel changes, which might affect this Agreement. Notification shall be made within ten (10) days of said changes. COUNTY has the right to reject proposed changes in key personnel. The following personnel shall be considered key personnel of the CONTRACTOR:

____________________

____________________

ARTICLE 29 - MINORITY/WOMEN BUSINESS ENTERPRISE (M/WBE)

AFFIRMATIVE ACTION PROGRAM

The Dare County Board of Commissioners has set seven percent (7%) as the COUNTY’S goal for minority participation in contracts and purchases. CONTRACTOR shall submit a plan showing how he/she will assist the COUNTY in achieving this goal through women/minority subcontractor participation or any other method. Minority hiring, although laudable, does not qualify for the purpose of meeting the goal above cited. The goal is to encourage engaging in business with certified M/WBE’S. The COUNTY will require documentary proof of the implementation and progress of the proposed plan.

The CONTRACTOR understands that each minority and/or women-owned firm utilized pursuant to this Agreement to meet the COUNTY M/WBE goals must be certified by a governmental entity. Certificates shall be submitted for specific M/WBE’S listed in the plan.

ARTICLE 30 - CONFIDENTIALITY

No reports, information, computer programs, documentation, and/or data given to, or prepared or assembled by the CONTRACTOR under this Agreement shall be made available to any individual or organization by the CONTRACTOR without prior written approval of the COUNTY.

IN WITNESS WHEREOF, the CONTRACTOR has caused this Agreement to be signed in its corporate name by its authorized representative, and the COUNTY has caused this Agreement to be signed in its legal corporate name by persons authorized to execute this Agreement as of the day and year first written above.

CONTRACTOR: COUNTY:

CROWDER-GULF COUNTY OF DARE

County Board of Commissioners

By:______________________________ By:_______________________________

Warren Judge, Chairman

Title:

ATTEST: ATTEST:

___________________________ ________________________________

Name – Title Fran Harris, Clerk to the Board

This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act.

__________________________________________

County Finance Officer

Exhibit A

|SCOPE OF WORK |

3-1 PROJECT DESCRIPTION AND REQUIREMENTS

This document constitutes a Scope of Work as originally provided for in Request for Proposals (RFP) from Dare County, North Carolina, as amended, issued to solicit proposals from experienced firms to remove and lawfully dispose of disaster-generated debris (other than hazardous materials and household putrescible garbage from established debris sites and to setup and operate debris management sites in Dare County immediately after a hurricane or other disaster requiring such services.

This Scope of Work requires no removal of disaster-generated debris from public right-of-ways. It is the intent to utilize the North Carolina Department of Transportation (DOT) for debris removal from public right-of-ways. In a significant disaster, these resources may be insufficient to perform the clearance activities in a timely manner and the Contractor may be directed to perform them. However, this portion of the operation will be accomplished with the authorization of the County.

The objective of the RFP, Scope of Work and subsequent contracting activity is to secure the services of an experienced contractor who is capable of efficiently removing large volumes of disaster-generated debris from a large area in a timely and cost-effective manner and lawfully disposing of all debris. The contractor must be capable of assembling, directing and managing a work force, to include all necessary equipment that can complete the debris management operations in a maximum of one hundred eighty (180) days. Debris removal operation must be completed within ninety (90) days. All debris management operations must be completed within one hundred eighty (180) days.

The contract will be for a three (3) year term, with an option to extend for an additional five (5), one (1) year terms with the approval of the County’s Governing Board. Dare County will require an annual re-certification from Contractor. While intended to cover debris management needs in any major disaster scenario, the primary focus is on the threat of hurricane damage to Dare County. The planning standards used for this project are based on the anticipated impacts of a Category 4 hurricane.

3-2 BACKGROUND

A. Introduction

The County has developed a Debris Management Plan that describes the general needs and approaches for handling large volumes of debris after a major disaster. It provides general information on debris classifications, local hauling, and disposal capabilities and capacities, and considerations for temporary debris management sites. The plan will provide general guidance for the Contractor and is attached to this Agreement as Exhibit C.

The County’s disaster recovery planning includes consideration for removing and processing the volumes and types of debris expected to be generated by a major disaster such as a hurricane and the procedure for disposing of that debris. The planning approach is formulated in part on the concept of strategic pre-positioning of plans and resources necessary for timely, coordinated recovery operations, including removal of debris from public property, and right-of-ways throughout Dare County using a combination of municipal, state and contractor forces.

The County envisions the need for a single contract to carry out the debris removal and disposal work throughout Dare County based on a Category 4 Hurricane. However, the County reserves the right to enter into multiple contracts if the situation warrants and if it is in the best interest of the County.

Contractor must have the capacity to manage a major workforce with multiple subcontractors and to cover the expenses associated with a major recovery operation prior to the initial County payment and between, as well as the capacity to provide the necessary bonds and insurance. The Contractor must also have an established management team, an established network of resources to provide to the necessary equipment and personnel, comprehensive debris removal and volume reduction operations plans, and demonstrate experience in major disaster recovery projects.

The contract awarded under the RFP will be a contract that will be activated only upon declaration of an emergency declared by the Dare County Board of Commissioners. As such, no compensation will be accrued to the Contractor unless and until the contract is activated either in anticipation of a natural disaster or immediately after such disaster.

Potential Contractors are solely responsible for their own costs of developing the proposal associated with the RFP. In addition, a Contractor who receives a contract issued under the RFP for the work may be required to participate in certain COUNTY directed disaster recovery training and/or exercises, 1 to 2 days each year, at no cost to the County.

B. Planning Standard for Debris Removal and Disposal

Planning for debris management operation is a function of the County. The County’s Debris Manager will direct the debris removal and disposal operations.

The COUNTY intends to enter into three (3) standby Contracts. This Contract is one of the three (3) standby Contracts. The three standby contracts awarded will be activated as needed. The COUNTY ranked these three (3) Contractors during its Contractor selection process. The COUNTY intends that the highest ranked will be activated first, the second ranked will be activated second, and so on. The number of Contracts that are activated will be based on the magnitude and complexity of the COUNTY’S post disaster needs. Notwithstanding, the Contractor will be expected to use fully qualified and properly equipped local firms, including Minority/Woman Business Enterprises, to the maximum extent practicable.

To facilitate management of the debris removal operation, the County will select Debris Management Sites throughout the County. Maps will be supplied upon Notice to Proceed and First Task Order.

When a major disaster occurs or is imminent, the County will contract the firm(s) holding debris removal and disposal contracts to advise them of the County’s intent to activate the contract(s). Debris removal will generally be limited to debris in, upon municipal properties, facilities, and other public sites. Public streets and roads, right-of-ways, debris removal will not be accomplished by this contract. DOT will provide the services for debris removal on public streets, roads, and right-of-ways unless the CONTRACTOR is otherwise directed to do so.

The Contractor will be responsible for determining the method and manner of debris removal and lawful disposal operations, consistent with the County’s plan. Disposal of debris will be at County approved temporary debris management sites or landfill sites. The Contractor will be responsible for the lawful disposal of all debris and debris-reduction by-products generated at all debris management sites.

When a major disaster occurs or is imminent, the County will initially send out an Alert to the selected CONTRACTOR (S). This Alert will serve to activate the lines of communication between the CONTRACTOR representative and the County. Subsequently, the County will issue the Notice to Proceed and the first Task Order which will authorize the CONTRACTOR to send an Operations Manager to the County within 24 hours of receiving such Task Order to begin planning for the operations and mobilizing the personnel and equipment as necessary to perform the stipulated work. The Notice to Proceed and the first Task Order will also direct the CONTRACTOR to execute the required Performance and Payment Bond and Insurance requirements. The CONTRACTOR should anticipate receiving this first Task Order 24 to 72 hours before projected landfall of a hurricane.

The County will identify the debris management site to be established and opened. Additional debris management sites will be identified as needed.

The CONTRACTOR will operate the debris management sites and only CONTRACTOR vehicles and others specifically authorized by the County will be allowed to use the sites.

3-3 SCOPE OF WORK

Overview

The scope of work for this Agreement is divided into three (3) parts. Part 1 is for Debris Removal and Disposal Operations. Part 2 is for Debris Management Site Operations. Part 3 is Debris clearance for access from right-of-ways and public property.

Specific work authorizations by the County will be through written Task Order. Task Orders will define the job to be accomplished, location of job, time frame for completion, rates to be used, etc. Any job with requirements or rates not covered by this Proposal will be negotiated. The County reserves the right to extend operations on a weekly basis.

The CONTRACTOR shall commence mobilization of equipment, operators, and laborers immediately upon receipt of the mobilization Task Order, and shall meet the progress pattern as required by the Mobilization Schedule outlined below.

MOBILIZATION SCHEDULE

Category 1 & 2 Category 3 Category 4 Category 5

Within 24 hours 40% 25% 20% 15%

Within 48 hours 80% 40% 35% 25%

Within 72 hours 100% 75% 50% 45%

Within 96 100% 70% 60%

Within 7 days 90% 80%

Within 10 days 100% 90%

Within 14 days 100%

Subsequently, the County may issue additional Task Orders to define more precisely the work to be accomplished or to authorize additional work. The CONTRACTOR shall perform in accordance with each Task Order in all designated areas established by the County. Each Task Order will be uniquely and sequentially numbered and shall include name of disaster for accountability and record purposes.

The CONTRACTOR is authorized to work during daylight hours only, 7 days per week in its collection operations. Any deviations from this schedule will require COUNTY approval. Procession of debris, such as grinding and burning, at management sites and transfer of processed debris to ultimate disposal sites may be done at other times with prior COUNTY approval which will not be unreasonably withheld but subject to any restrictions on these operation by government agencies. Burning operations will be twenty-four (24) hours a day if permitted by appropriate authorities.

The CONTRACTOR must be duly licensed, if applicable, to perform the work in accordance with the State of North Carolina statutory requirements. The CONTRACTOR shall obtain all permits necessary to complete the work. The CONTRACTOR shall be responsible for determining what permits are necessary to perform under the contract within seventy-two (72) hours or sooner of issuance of the first Task Order.

The CONTRACTOR shall be responsible for correcting any notices of violations issued as a result of the contractor’s or any subcontractor’s actions or operations during the performance of the contract. Corrections for any such violations shall be at no additional cost to the County.

The CONTRACTOR shall conduct the work so as not to interfere with the disaster response and recovery activities of federal, state or local governments or agencies, or of any public utilities or other private contractor.

Part 1 - Debris Removal and Disposal Operations

General

The purpose of Part 1 of the scope of work is to define the requirements for debris removal operations after any catastrophic disaster within Dare County.

Services

The CONTRACTOR shall provide equipment, operators and laborers for debris removal operations. The CONTRACTOR shall provide all labor and materials necessary to fully operate and maintain (including fuel, oil, grease, and repairs) all equipment under this contract.

All rates are to include the cost of protective clothing (to include hardhats and steel-toed boots), fringe benefits, hand tools, supervision, transportation and any other costs. The work shall consist of clearing and removing disaster generated debris as directed by the County.

Work may include:

• Clearing debris from public property and public right-of-ways

• Loading debris

• Hauling and dumping the debris to an approved debris management site or

authorized landfill.

The Contractor will be responsible for all tipping fees at the authorized landfill. Debris delivered to a debris management site will be paid based on the price per cubic yard according to the Price Proposal Form. Debris delivered to an authorized landfill will be paid based on per cubic yard hauled according to the Price Proposal Form.

The CONTRACTOR shall not move from one designated area to another area within the County without prior approval from the County.

Debris Management Sites

The CONTRACTOR shall use only debris management sites designated by the County.

The Contractor debris management site foreman shall direct all dumping operations.

The CONTRACTOR shall coordinate with County Debris Management when directed by the County to remove debris from the site for subsequent disposal to a landfill authorized by the County.

Equipment

All trucks and equipment must be in compliance with all applicable federal, state, and local rules and regulations. Trucks used to haul debris must be capable of rapidly dumping their load without the assistance of other equipment, be equipped with a tailgate that will effectively contain the debris during transport that will permit the trucks to be filled to capacity. Cyclone fence may be used as temporary tailgates if they comply with the following specifications:

• Fencing must be permanently attached to one side of the truck bed.

• After loading, the fencing must be tied to the other side of the truck bed at two places with heavy gauge wire.

• Fencing must extend to the bottom of the bed.

• After loading, bottom of fencing shall be tight against the bed of the truck and secured at a minimum of two locations.

• Solid iron metal bars must be secured to both sides of the fencing.

The CONTRACTOR shall submit to the County certifications indicating the type of vehicle, make and model, license plate number, equipment number, and measured maximum volume, in cubic yards, of the load bed of each piece of equipment utilized to haul debris. The measured volume of each piece of equipment shall be calculated from actual internal physical measurement performed and certified by the CONTRACTOR. Maximum volumes shall be rounded down to the nearest cubic yard. The reported measured maximum volume of any load bed shall be the same as shown on the signs fixed to each piece of equipment. The County will have a representative present to participate and verify measurements. The County reserves the right to remeasure trucks at any time to verify reported capacity.

All trucks and trailers utilized in hauling debris shall be equipped with a tailgate that will permit the vehicle to be loaded to capacity and effectively contain the debris on the vehicle while hauling. Sideboards, if installed, must be constructed of 2" x 6" boards or greater and may not extend more than 2-feet above the metal bedsides. Once installed all sideboard extensions must remain in place throughout the operation, or the vehicle must be remeasured and remarked. All extensions to the bed are subject to acceptance or rejection by the County.

Trucks or equipment that are designated for use under this contract shall not be used for any other work during working hours. The CONTRACTOR shall not solicit work from private citizens during the period of performance of this Contract. All municipalities within the County may utilize this contract at their election.

Securing Debris

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 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 reasonably compacted during loading and secured during transport. Tarps or other load coverings shall be provided by the CONTRACTOR when hauling reduction by-products (ash or mulch) to prevent material from falling or being blown from the truck bed.

Equipment Signage

Prior to commencing operations, the CONTRACTOR shall affix to each piece of equipment, signs or markings indicating the Owner Operator's name and a unique equipment identification number. One sign shall be placed on each side of the equipment. For those trucks, trailers and other equipment intended to haul debris, the maximum volume, in cubic yards, of the load bed shall also be shown. Signs shall be maintained in an easily readable fashion for the duration of the work. Minimum letter size shall be 3" in height.

Other Considerations

The CONTRACTOR shall assign and provide an Operations Manager (OM) for the County to serve as the principal liaison between the County and the CONTRACTOR’S forces. The assigned OM must be knowledgeable of all facets of the Contractor’s operations and have the County’s written approval prior to committing work to the Contractor. The OM shall be on call twenty-four (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 OM will participate in daily meetings and disaster exercises, functioning as a source to provide essential element information. The OM will report to the County’s representative. This position will not require constant presence; rather the OM will be required to be physically capable of responding to the County within thirty (30) minutes of notification.

The CONTRACTOR shall be responsible for control of pedestrian and vehicular traffic in the work area.

The CONTRACTOR shall supervise and direct the work, using skilled labor and proper equipment for all tasks. Safety of the contractor's personnel and equipment is the responsibility of the CONTRACTOR. The CONTRACTOR shall be responsible for all OSHA safety requirements and to complete an OSHA check-off, which will be provided by the County, and submitted to the County on a bi-weekly basis.

Additionally, the Contractor shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of this contract.

Payment for debris hauled will be based on the quantity of debris hauled in truck measured cubic yards. Debris hauled to a debris management site will require a validated load ticket. Drivers will be given load tickets at the loading site by a COUNTY loading site monitor. The quantity of debris hauled will be estimated in percentage of total load capacity and extended to record the total estimated cubic yards at the Debris Management Site by a County Debris Management Site Monitor. The estimated quantity and other required information will be recorded on the load ticket. The County Debris Management Site Monitor will retain one copy of the load ticket and the driver will retain two copies of the load ticket. Debris being hauled to a permanent landfill will be paid based on cubic yards recorded on an approved load ticket or as otherwise agreed to in individual Task Order. Payment will be made against the CONTRACTOR’S invoice once site monitor and Contractor load tickets and/or scale tickets match. Debris being hauled to a Debris Management Site will be paid based on cubic yards.

Part 2 - Debris Management Site Operations

General

The purpose of Part 2 of this scope of work is to define the requirements for Debris Management Site Operations after any catastrophic disaster within Dare County.

Services

The scope of work consists of:

The first part includes site setup/preparation and site closeout/restoration and shall be compensated on a time and materials basis in accordance with the hourly rates provided in the Fee Schedule-Hourly Rate (Attachment H-Page 2). Site set-up/preparation/closeout/restoration includes: clearing, stripping, hauling, fill placement, constructing/deconstructing processing pads, lime rock or crushed concrete access roads, sodding, and any other similar activity necessary to make the site usable for its intended purposes and to return the site to its original condition.

The second part consists of Debris Management Site operations and material processing and shall be compensated in accordance with the unit prices provided in the Price Proposal Form (Exhibit B-1 to the Agreement).

The CONTRACTOR shall provide equipment, operators, and laborers for debris management site operations as specified by Task Order. Unit prices provided in the Price Proposal Form shall include all labor and materials necessary to fully operate and maintain (including fuel, oil, grease, repairs, operator, mobilization, demobilization, overhead, profit, and insurance and security bonds) all equipment under this contract. In addition, materials needed for site setup/preparation/closeout/restoration (including rental or construction of the Inspection Towers) are to be included in the rates in Price Proposal Form.

All rates shall include the cost of protective clothing (to include hardhats and steel-toed boots), fringe benefits, hand tools, supervision, transportation, and any other costs.

The work shall consist of managing the operations of a debris management site(s) and performing debris reduction by air curtain incineration and or grinding of storm generated debris as directed by the County.

The COUNTY plans to use two (2) types of debris management sites.

• Vegetative debris management sites will be primary devoted to the reduction of clean woody debris by either burning or grinding.

• Mixed debris and Construction & Demolition (C&D) debris management sites will be operated as transfer points. Mixed and C&D debris will be deposited at these sites and then reloaded for final transport to an authorized landfill.

Material coming into the Vegetative or C&D debris management site(s) will be measured and paid for by the cubic yard according to the Price Proposal Form. Materials removed and transported from a C&D debris management site(s) will be measured and paid by the cubic-yard according to the Price Proposal Form.

Locations of all debris management sites will be provided by Dare County. The COUNTY Purchasing Agent must approve site improvements before work begins and any costs, other than those in the Price Proposal Form, that might have been negotiated under a Task Order shall be documented for payment.

Reporting

The CONTRACTOR shall submit a report to the COUNTY Coordinator by close of business each day of the term of the Task Order. Each report shall contain, at a minimum, the following information:

• Contractor’s Name

• Contract/Task Order Number

• Daily and cumulative hours for each piece of equipment, if appropriate

• Daily and cumulative hours for personnel, by position, if appropriate

• Daily and cumulative totals of debris processed, to include method(s) of processing and disposal location(s)

• Any problems encountered or anticipated

Failure to provide audit quality information will subject CONTRACTOR to non-payment in each instance at the sole discretion of the COUNTY.

Other Considerations

The CONTRACTOR shall supervise and direct the work, using skilled labor and proper equipment for all tasks. Safety of the Contractor's personnel and equipment is the responsibility of the CONTRACTOR to include maintaining all OSHA safety records and inspections as may be required for this type of service. Additionally, the CONTRACTOR shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of this contract.

The CONTRACTOR shall be responsible for control of pedestrian and vehicular traffic in the work area.

The CONTRACTOR shall be responsible for installing site security measures and maintaining security for his operation as the site.

The CONTRACTOR shall be responsible for fire protection and shall manage the site to minimize the risk of fire.

Part 3 - Debris Clearance (for access) from Right-of-Ways and Public Property

The North Carolina Department of Transportation provides support to Dare County Government for Debris Management, including the clearance (moving debris to unblock a road, etc.) of debris from public streets, public roads, public right-of-ways and other public property. Dare County in conjunction with the NC Department of Transportation (DOT) intends to perform debris clearance for access using its own forces or under existing agreements between the County and DOT. However, in a significant disaster, these resources may be insufficient to perform the clearance activities in a timely manner and the CONTRACTOR may be directed to perform them.

3-4 MISCELLANEOUS REQUIREMENTS

Contractor Debris Management Site Foreman (if required)

The debris management site foreman and/or night foreman is responsible for management of all operations of the site to include, traffic control, dumping operations, segregation of debris, burning, grinding, and safety. All night operations must be approved by the County, which may be limited primarily to burning if approved by the appropriate authority.

The Contractor’s Debris Management Site Foreman will be responsible for monitoring and documenting equipment and labor time and providing the daily operational report to the County’s Debris Manager.

Contractor’s Debris Site Management Plan

Once the debris management site(s) is/are identified by the COUNTY, the CONTRACTOR will prepare and provide a Site Management Plan for review and approval by the County prior to beginning work.

A minimum of three (3) copies of the plan is required. The plan shall be drawn to a scale of 1" = 50' and address following functions:

Groundwater and Soil Baseline testing, which is to be tested at site preparation/setup AND site closeout.

Access to site

• Site management, to include point-of-contact, organizational chart, etc

• Site preparation, - clearing, erosion control, and grading

• Traffic control procedures

• Site Safety

• Site Security

• Site Layout/Segregation of debris

• Hazardous waste material plan

• Location of ash disposal area, hazardous material containment area, contractor work area, and inspection tower (if required)

• Location of incineration operations, grinding operation (if required). Note: All incineration and grinding operations shall be in accordance with Appendix H, Public Assistance Debris Management guide, FEMA 325 dated April 1999 or latest edition, and with NC Division of Solid Waste and Air Quality Control.

• Location of existing structures or sensitive areas requiring protection

• Environmental mitigation plan, including consideration for smoke, dust, noise, traffic, buffer zones, storm water runoff archeology, historic preservation, wetlands, endangered species as appropriate.

• All necessary licenses, permits, and fees for the same are the responsibility of the Contractor.

The CONTRACTOR shall provide all utilities, sanitation facilities, as required. The CONTRACTOR shall protect existing structures and natural resources at the site(s) and repair any damage caused by the CONTRACTORS operations at no additional cost to the County or any other Governmental Identity.

Inspection Tower

The CONTRACTOR shall construct an inspection tower at each debris management site. The tower shall be constructed using pressure treated wood or metal scaffolding. The floor elevation of the tower shall be 10-feet above the existing ground elevation. The floor area shall be a minimum 8' by 8', constructed of 2"x 8" joists, 16" O.C. with 3/4" plywood supported by a minimum of four 6" x 6" posts. A 4-foot high wall constructed of 2" x 4" studs and ½” plywood shall protect the perimeter of the floor area. The floor area shall be covered with a roof. The roof shall provide a minimum of 6'-6" of headroom below the support beams. Steps with a handrail shall provide access to the tower. Tower shall be built in accordance with approved Dare County building standards and shall be inspected by the Dare County building inspector’s office.

Household Hazardous Waste Issues

The CONTRACTOR will be required to construct a containment area at each debris management site. This containment area will be consisted of an earth berm with a non-permeable soil liner and 4” of sand. This area shall be 30' x 30'. The HHW containment area must be covered at all times with a non-permeable cover.

Any material found that is classified as HHW shall be reported immediately to the County’s Debris Management Manager. 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. Disposal of HHW debris will be by separate contract.

Contractor HHW Spills

The CONTRACTOR shall be responsible for reporting to the County Debris Manager and cleaning up all HHW spills caused by the Contractor’s operation at no additional cost to the County or any other governmental identity. Immediate containment action shall be taken as necessary to minimize effect of any spill or leak. Cleanup shall be in accordance with applicable federal, state, and local laws and regulations.

Spills other than the site shall be reported to the Dare County Emergency Management Coordinator and to the County coordinator for this project immediately following discovery. A written follow-up shall be submitted to the County coordinator not later than seven (7) days after the initial report. The written report shall be in narrative form and as a minimum shall include the following:

• Description of the material spilled (including identity, quantity, manifest number, etc.).

• Determination as to whether or not the amount spilled is EPA/state reportable, and when and to whom it was reported.

• Exact time and location and spill, including description of the area involved.

• Receiving stream or waters.

• Cause of incident and equipment and personnel involved.

• Injuries or property damage.

• Duration of discharge.

• Containment procedures initiated.

• Summary of all communication the CONTRACTOR has had with press, agencies, or government officials other than the County Debris Manager.

• Description of cleanup procedures employed or to be employed at the site, including disposal location of spill residue.

| EXHIBIT B-1 | | | | |

|PRICE PROPOSAL FORM | | | | |

|HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION, AND DISPOSAL | | | | |

|RFP NO. 001-01 | | | | | |

| | | | | |

|supervisors) and materials including but not limited to: supplies, equipment maintenance, | | | | |

|repairs, repair parts, fuels, lubricants, cellular phones, transportation, and housing, if | | | | |

|required, necessary to accomplish the project. The quantities and distributions are | | | | |

|estimated for the purpose of making an award. Locations of sites, debris quantities, | | | | |

|destinations, material densities, etc. may differ substantially in an actual disaster. | | | | | |

|Assumptions: 4,000 cubic yards of debris consisting of 2,800,000 cubic yards of mixed | | | | |

|debris and 1,200 cubic yards of vegetation; 800,000 cubic yards of vegetation chipped, | | | | |

|400,000 cubic yards of vegetation burned, and 2,800,000 cubic yards of mixed debris not | | | | |

|processed; all Temporary Debris Management Sites are within ten miles of a pickup point | | | | |

|and most are within five (5) miles; Material densities are assumed to be 300 pounds per | | | | |

|cubic yard for vegetation, 500 pounds per cubic yard for mulch, and 700 pounds per cubic | | | | |

|yard for mixed debris. Volume reduction assumed to be 40% for grinding and 90% for burning. | | | | |

Note 1: This price is for loading non-burnable debris at the TDSRS and delivering to the Dare County Stumpy Point Landfill. CONTRACTOR will pay tipping fees and back charge the COUNTY at cost. In the even that this debris has to be taken to a regional landfill, or other permitted landfill outside the County, CONTRACTOR will use large 110-120 CY walking floor trucks and will negotiate a freight rate once the haul distance is determined.

Note 2: Site preparation and site closure will be charged as time and material per the following hourly rates.

|EXHIBIT B-2 |

|FEE SCHEDULE - HOURLY RATE |

| | | | |

|For Debris Management Site Set-up and Closure and Debris Clearance for Access - |

|optional use by County and other Governmental Entities |

| | | | |

|EQUIPMENT AND LABOR RATES |

|  |HOURLY |HOURLY |TOTAL |

|  |EQUIPMENT |LABOR |HOURLY |

|EQUIPMENT TYPE |RATE |RATE |RATE |

|Bobcat Loader |$60  |Note 1 |$60 |

|Crew Foreman w/Cell Phone and Pickup | Note 2 |$48 |$48 |

|Dozer, Tracked, D5 or similar | $70 |Note 1 |$70 |

|Dozer, Tracked, D6 or similar | $125 |Note 1 |$125 |

|Dozer, Tracked, D7 or similar | $150 |Note 1 |$150 |

|Dozer, Tracked, D8 or similar | $170 |Note 1 |$170 |

|Dump Truck, 18 CY - 20 CY | $63 |Note 1 |$63 |

|Dump Truck, 21 CY - 30 CY | $70 |Note 1 |$70 |

|Generator and Lighting | $15 |Note 1 |$15 |

|Grader w/12' Blade | $95 |Note 1 |$95 |

|Hydraulic Excavator, 1.5 CY | $110 |Note 1 |$110 |

|Hydraulic Excavator, 2.5 CY | $130 |Note 1 |$130 |

|Knuckleboom Loader | $120 |Note 1 |$120 |

|Laborer w/Chain Saw | Note 2 |$32 |$32 |

|Laborer w/small tools, traffic control, flag person | Note 2 |$28 |$28 |

|Lowboy Trailer w/Tractor | Note 2 |$90 |$90 |

|Operations Manager w/Cell Phone and Pickup | Note 2 |$60 |$60 |

|Pickup Truck, .5 Ton | $15 |n/a |$15 |

|Soil Compactor 81 HP+ | $100 |Note 1 |$100 |

|Soil Compactor 80 HP | $120 |Note 1 |$120 |

|Soil Compactor, Towed Unit | $130 |Note 1 |$130 |

|Truck, Flatbed | $50 |Note 1 |$50 |

|Tub Grinder, 800 to 1,000 HP | $520 |Note 1 |$520 |

|Water Truck | $50 |Note 1 |$50 |

|Wheel Loader, 2.5 CY, 950 or similar | $120 |Note 1 |$120 |

|Wheel Loader, 3.5 - 4.0 CY, 966 or similar | $130 |Note 1 |$130 |

|Wheel Loader, 4.5 CY, 980 or similar | $140 |Note 1 |$140 |

|Wheel Loader - Backhoe 1.0 - 1.5 CY | $65 |Note 1 |$65 |

|Air Curtain Burner, Self Contained System | $50 |n/a |$50 |

|Backhoe - Loader and Thumb Attachment | $120 |Note 1 |$120 |

Note 1: Includes operator, fuel, and maintenance

Note 2: Includes equipment

EXHIBIT C

DARE COUNTY

EMERGENCY MANAGEMENT PLAN

FOR MULTI-HAZARDS

ANNEX III-A DEBRIS MANAGEMENT

ESF-3 PUBLIC WORKS AND ENGINEERING

I. PURPOSE

To provide organizational structure, guidance, and standardized procedures for the clearance, removal and disposal of debris caused by a major debris-generating event.

To establish the most efficient and cost effective methods to resolve disaster debris removal and disposal issues.

To expedite debris removal and disposal efforts that provide visible signs of recovery designed to mitigate the threat to the health, safety, and welfare of Dare County residents.

To coordinate partnering relationships through communications and pre-planning with local, State, and Federal agencies involved with debris management responsibilities.

To implement and coordinate private sector Debris Removal and Disposal contracts to maximize cleanup efficiencies.

II. SITUATION AND ASSUMPTIONS

Situation

Natural disasters such as hurricanes, tornadoes, and flooding precipitate a variety of debris that include, but are not limited to, such things as trees and other vegetation organic matter, building/construction material, appliances, personal property, mud, and sediment.

The quantity and type of debris generated from any particular disaster will be a function of the location and kind of event experienced, as well as its magnitude, duration, and intensity. This plan is based on the debris-generating capacity of a Category 4 Hurricane with wind speeds in excess of 131 miles per hour and heavy rainfall.

A Category 4 Hurricane will cause extensive damage to large trees and shrubs in addition to substantial structural damage to homes and commercial property. Mobile homes will be destroyed. Storm surge will push sea levels 13-18 feet above normal resulting in flooding of areas less than 10 feet above sea level 6 miles inland.

The quantity and type of debris generated, its location, and the size of the area over which it is disposed will have a direct impact on the type of removal and disposal methods utilized to address the debris problem, associated costs incurred, and how quickly the problem can be addressed.

Assumptions

A major natural disaster that requires the removal of debris from public or private lands and waters could occur at any time.

The amount of debris resulting from a major natural disaster probably will exceed Dare County removal and disposal capabilities.

Dare County will declare a state of emergency and request assistance from state and federal agencies.

Dare County will contract for additional resources to assist in the debris removal, reduction, and disposal of debris.

The Governor will declare a State of Emergency that will authorize State resources to assist in removal and disposal of debris.

The Governor will request a Presidential Disaster Declaration if the disaster exceeds both local and State resources.

III. COST OF OPERATIONS

ORGANIZATION AND ASSIGNMENT OF RESPONSIBILITES

Organization

*The County has been divided into Debris Management Zones (DMZ) to facilitate and coordinate the rapid and economic clearing and eventual removal and disposal of disaster-generated debris.

Dare County Public Works Director will have the primary responsibility for identifying these sites, obtaining agreements to use these sites and ensuring their continued availability.

* Not available yet

Responsibilities

1. Disaster responsibilities for municipalities will be determined by the respective jurisdictions according to their capabilities. However, all clean up and restitution efforts should be coordinated with adjoining jurisdictions, including Dare County. All Dare county municipalities are encouraged to participate in the existing agreement for sharing resources among themselves as a first priority.

2. The Emergency Management Director is responsible for daily operational control and overall management of the Emergency Operations Center and information on the severity of the disaster from many sources. All requests for debris removal or disposal will be directed to the Public Works Director. Requests for debris clearing from public facilities and roadways will be coordinated with the EOC Infrastructure Team.

3. The Public Works Director will be designated as the County Debris Manager. In addition they will be responsible for, but not limited to, the following with respect to any and all debris management issues:

• Keep the Dare County Administration and Emergency Management Director briefed on the status of the debris clearing, removal, and disposal operations.

• Assure that Dare County is represented at all meetings with other government and private agencies involved with debris cleanup operations.

• Coordinate with affected cities within Dare County on all debris clearance, removal and disposal issues through conference calls.

• Convene emergency debris coordinating meetings at the EOC or other location as appropriate.

• Ensure the debris management effort is provided with all available administrative staff and field support personnel.

During EOC activation the Debris Manager will coordinate debris management issues from the EOC. The Debris Manager will be responsible for coordinating all debris clearance and cleanup actions with the EOC Infrastructure Management Team. Actions will focus on keeping track of field site assignments and progress of the initial debris clearance from public roadways and critical facilities. The Debris Manager will inform the Emergency Management Director of cleanup progress and any problems encountered or expected.

The Debris Manager will coordinate debris issues with municipalities, other government and private agencies involved with the debris cleanup operation. The Debris Manager may appoint a field operations coordinator who will be responsible for daily operational control of the debris sites.

The Debris Manager will supervise the monitoring of Debris Contractors, load inspections at debris sites and other off-site areas and the preparations of Load Sheets at debris sites or other impacted areas.

The Debris Manager will coordinate the dissemination of public information with the EOC Public Information Officer (PIO).

4. Public Information Officer (PIO)

The PIO will develop a proactive information management plan. Emphasis will be placed on actions that the public can perform to expedite the cleanup process. Flyers, newspapers, radio and TV public service announcements should be used to obtain the public’s cooperation by separating burnable and nonburnable debris; segregating household hazardous waste; placing disaster debris at the curbside; keeping debris piles away from fire hydrants and valves; reporting locations of illegal dump sites or incidents of illegal dumping, and segregating recyclable materials. Pickup schedules will be disseminated in the local news media and the County Emergency Information hotline.

5. County Finance Director

The Dare County Finance Officer, or his designee, shall serve as reimbursement coordinator and will provide for the collection and compilation of all labor, equipment hours, materials/supplies and expenditures related to disaster response and recovery. The Finance director will also manage the receipt and submission of all debris contractor payables through consultation with the Debris Manager. The County Finance Director will assure that debris management contractors establish and maintain insurance coverage as required by the contract. In addition the Debris Manager will ensure that the contract requirements are met by the identified contractors.

6. County Damage Assessment Officer

The County Damage Assessment Officer will be responsible for compiling all damage reports for County facilities using FEMA’s Project Worksheet forms and coordinate the submission of these forms with the reimbursement coordinator and Debris Manager.

7. Environmental Programs

The Debris Manager shall work with the appropriate state and federal environmental regulatory agencies to ensure debris sites comply with established guidelines. Site monitoring will include environmental sampling (well drilling & monitoring sites) and lab services, as required.

8. Public Works Superintendent

The County Public Works Superintendent shall be responsible for the coordination with franchise waste haulers to reestablish garbage collection in the unincorporated areas of the County. The Public Works Superintendent shall coordinate matters regarding storm debris collection, transportation, and disposal with the Debris Manager.

The Public Works Superintendent shall be responsible for storm debris cleanup at solid waste facilities. The Public Works Superintendent and the Debris Manager will coordinate any on site open burning of vegetative debris. The Public Works Superintendent will provide a status report on the availability of disposal capacity and the types and quantities of storm debris being delivered to the landfill facilities for processing or storage. The Emergency Management Director will be provided with regular status reports.

9. Hazardous Waste Services

Household Hazardous Waste (HHW) shall be separated by the contractor(s) in accordance with established state and federal disposal regulations. The contractor(s) shall provide to the Debris Manager recommendations for dealing with HHW materials. The contractor(s) shall ensure the coordination of inspections, notifications, and if necessary, cleanup, or mitigation of any hazardous waste releases at identified facilities.

10. Debris Management Consultant(s)

Dare County may hire a prime contractor to coordinate debris removal and other related activities. The contract will be handled as other service contracts are handled within the scope of County government. The County Finance Director, in cooperation with the Debris Manager, will make recommendations regarding selection of the vendor, scope of work, costs and other related issues. The identified prime contractor will hire and supervise sub contractors within the scope of the contract.

Pre-Storm Administrative Actions

The County Emergency Management Director will conduct a Debris Management Workshop with the Contractors, Debris Manager, identified County staff and municipal representatives to review the Debris Management Plan procedures and to ensure that the debris management operation works smoothly. Items of discussion will include:

• Contractor responsibility

• Mobilization sites (DMZ’s)

• Logistical support

• Procedures for call-up of Contractor personnel and equipment

• Haul routing

• Contractor vehicle identification and registration

• Debris hauling load ticket administration

• Mobilization and operation of the DMZ sites

• Contractor payment request submission, review, and verification

• Special procedures for HHW

• DMZ site open and closure requirements

D. Pre-Storm Activation Actions

The Emergency Management Director will notify the Debris Manager who will contact and notify the contractor to place them on alert status to be prepared to move into the Dare County area within 24 hours after receipt of a Notice to Proceed and the first Task Order from the County.

The County Debris Manager will be notified by the County Emergency Management Director upon notice of a Category 1 or above hurricane or other situation that could generate large volumes of debris. The Debris Management Consultant will establish presence and coordinate with the County should the situation dictate the activation of the emergency contract.

E. Debris Management Phases

Phase I: Debris Clearance Operations

Dare County Public Works in cooperation with the County Damage Assessment Officer, is the lead agency responsible for coordinating impact assessment for all public structures, equipment, and debris clearance immediately following a large scale disaster in order to prioritize the impacted areas and resource needs. Debris clearance from roadways and public property will be accomplished using volunteer crews and equipment, mutual aid providers, and private contractor resources. The NC DOT has the primary mission to clear debris from at least one lane on all primary and secondary roads to expedite the movement of emergency service vehicles such as fire, police, and medical responders. These services may be supplemented by available volunteers from National Guard, Fire Departments, and the NC Forestry Service.

Dare County Damage Assessment Teams will conduct initial zone by zone windshield surveys to identify the type of debris and to estimate amounts of debris on the roadways. The results of the windshield surveys will also be provided to the Debris Manager located at the EOC.

Priority for debris clearance will be based upon the following criteria:

11. Extricate people

12. Major flood drainage arteries

13. Egress for fire, police, and Emergency Operations Center, and common primary staging area

14. Fire, Police and Municipal Buildings

15. Ingress to hospitals, jail, and special care unit

16. Major traffic routes

17. Egress for fleet, traffic, road and bridge, and designated remote locations

18. Supply distribution points and mutual aid assembly areas

19. Government facilities

20. Public Safety communications towers

21. Dare Red Cross shelters

22. Secondary roads to neighbor collection points

23. Access for utility restoration

24. Neighborhood streets

25. Private property adversely affecting public welfare

Phase II. Contractor operations will require County and identified

municipalities to provide Field Monitoring Teams as well as Load Site and Disposal Site Monitors to oversee contractor operations for quality control purposes.

Debris Removal and Disposal Operations

The Debris Manager will coordinate debris removal and disposal operations for all areas of Dare County named in this RFP.

Identified contractors will collect and haul mixed debris from their assigned Debris Management Zones to designated C&D DMZ sites or to designated private landfill sites. Clean woody debris will be hauled to the nearest designated vegetative DMZ site for eventual burning or grinding.

Municipality contractors will take all storm debris to the County Landfill or an approved municipal DMZ. Clean woody debris will be hauled to the nearest municipal DMZ site or approved County vegetative DMZ site.

Mixed debris from unincorporated areas will be hauled to designated C&D DMZ sites or to designated landfill sites. Clean woody debris will be hauled to the nearest designated vegetative DMZ for eventual burning or grinding.

All vehicles hauling debris and contractor debris haulers will obtain a certified scale ticket and/or load ticket for each load of debris deposited at a private landfill. The contractors scale ticket/load tickets will be turned into their supervisors at the end of each day. The supervisors will forward the scale tickets daily to the Debris Manager. The scale tickets/load tickets will be the verification documentation for landfill invoices.

Private haulers will pickup garbage according to current procedures, routes, and removal schedules.

NC Power, Hatteras EMC, Tidelands, and other utility crews will handle all utility related debris such as, power transformers, utility poles, cable, and other utility company material.

Contractor Debris Removal and Disposal Operations

The Debris Manager will be in contact with the firm(s) holding Debris Removal and Disposal Contract(s) and advise them of impending conditions. The contract is designated to have a qualified Contractor(s) remove and lawfully dispose of all natural disaster-generated debris, industrial or commercial hazardous waste. Debris removal may be limited to unincorporated streets, roads, and other public rights-of-way based on the extent of the disaster by NC Department of Transportation.

Debris contract haulers may be limited to disaster related material placed at or to debris immediately adjacent to the edge of the rights-of-way by residents within designated Debris Management Zones.

The Contractor, upon Notice to Proceed, will mobilize such personnel and equipment as necessary to conduct all debris removal and disposal operations as were previously detailed in the Debris Removal and Disposal Contract. All contractor operations will be subject to review by Dare County Officials.

Dare County recognized the economy of disaster debris disposal through the use of local vegetative DMZ sites designated for volume reduction of clean woody debris. The County has pre-designated vegetative DMZ sites for the sole purpose of temporarily storing and reducing clean woody debris through either burning or grinding. The Contractor will operate the DMZ sites made available by the County. The Contractor will be responsible for all site setup, site operations, rodent control, closeout and remediation costs. The Contractor is also responsible for the lawful disposal of all debris reduction by-products as his/her operations may generate at a DMZ site. A listing of all approved County DMZ sites will be provided.

DMZ sites will be established for mixed debris. These sites will be centrally located to handle construction and demolition (C&D) material. These C&D DMZ sites will be used to expedite the removal of mixed and C&D material from rights-of-way within the unincorporated portions of Dare County. Municipalities will be allowed to use these sites upon approval of the Dare County Debris Manager. A valid load ticket must accompany all material delivered to a County C&D DMZ by County contractors. All material deposited at C&D DMZ sites will eventually be taken to a properly permitted for final disposal.

The County Debris Manager may direct contractors to bypass C&D DMZ sites and approve the hauling of mixed C&D debris directly to a properly permitted landfill for disposal.

The Debris Manager, or their designee, will monitor the Contractors performance for debris removal and disposal operations in each Debris Zone. The Debris Manager will supervise the Field Inspection Teams consisting of County personnel. The Field Inspection Teams will monitor all Contractor operations. The Contractor will keep the Field Inspection Teams informed of cleanup progress and any problems encountered or expected.

The Contractor will restore the DMZ sites as close to the original condition as is practical so that it does not impair future land uses. All sites are to be restored to the satisfaction of the County with the intent of maintaining the utility of each site.

Load Site and Disposal Site Monitors

All contracted loads will be taken directly to an approved landfill for final disposal. The contractor should avoid multiple hauling of debris. The contractor shall comply with all terms of the Contract.

Loading Site and Disposal Site Monitors will be provided by either the County or from identified sources. The loading Site Inspectors will be assigned to each Contractor loading site within designated Debris Management Zones. The loading Site Monitor will initiate the load tickets that verify that the debris being picked up is eligible under the terms of the contract. Disposal Site Monitors will be stationed at all DMZ sites and landfills disposal site for the purpose of verifying the quantity of material being hauled by the Contractor through the use of load tickets.

The Contractor shall construct and maintain Inspection Stations at each DMZ site and landfill disposal site. The inspection stations will consist of an inspection tower with furniture and portable sanitary facilities. The Contractor will construct the inspection towers of pressure treated wood with a floor elevation that affords the Disposal Site Monitor a complete view of the load bed of each piece of equipment being utilized to haul debris.

A Disposal Site Monitor will be located at each inspection station to verify the load and estimate the volume in cubic yards. The Disposal Site Monitors will estimate the cubic yards of debris in each truck entering the Contractors selected DMZ sites or landfill disposal site and will record the estimated quantity on pre-numbered debris load tickets.

The Contractor will only be paid based on the number of cubic yards of material deposited at the disposal site as recorded on the debris load tickets. A sample debris load ticket is provided (Attachment D).

The Contractor will be based on the number of cubic yards of eligible debris hauled per truckload. One part of the debris load ticket will be given to the truck driver and the other retained by the Disposal Site Monitor. The truck driver’s portion of the load ticket will be turned in daily to their supervisor. The Disposal Site Monitor’s copy will be turned in daily to the Debris Manager. Payment for hauling debris will only be approved upon presentation of the duplicate debris load ticket with the Contractor’s invoice. Each individual invoice shall be due and payable thirty (30) days after receipt of correct, fully documented invoice by the COUNTY.

Field Inspection Team

The Debris Manager will appoint Field Inspection Team personnel responsible for monitoring all Contractor debris removal and disposal operations. The Field Inspection Teams will periodically inspect each DMZ site to ensure that operations are being followed as specified in the Debris Removal and Disposal Contract with respect to local, State, and Federal regulations and the DMZ site Baseline Checklist. Each Field Inspection Team will submit a daily written report to the Debris Manager outlining their observations with respect to the following:

• Is the Contractor using the site properly with respect to layout and environmental considerations?

• Has the Contractor established lined temporary storage areas for ash, household hazardous wastes and other materials that can contaminate soils and groundwater?

• Has the Contractor established environmental controls in equipment staging areas, fueling and equipment repair areas to prevent and mitigate spills of petroleum products and hydraulic fluids?

• Are plastic liners in place under stationary equipment such as generators and mobile lighting plants?

• Are burn sites constructed and operating according to the plan?

• Has the Contractor established appropriate rodent control measures?

• Has the Contractor established procedure to mitigate:

• Smoke- Are the incineration pits constructed properly and being operated according to the contract statement of work?

• Dust- Are water trucks employed to keep the dust down?

• Noise- Have berms or other noise abatement procedures been employed?

• Traffic- Does the DMZ site have a suitable layout for ingress and egress to traffic flow?

Field Inspection reports will also include observations at loading sites and the locations of any illegal dumping sites.

DMZ Site Setup and Closeout Procedures

The Contractor will be responsible for preparing and closing out a DMZ site according to specification in the contract.

Private Property Debris Removal

Dangerous structures should be the responsibility of the owner to demolish in order to protect the health and safety of adjacent residents. However, experience has shown that unsafe structures will remain because of the lack of insurance or absentee landlords. Care must be exercised to ensure that the County Code Enforcement Department properly identifies structures.

The Debris Manager will coordinate with the Dare County Planning Director:

• Demolition of private structures

• Removing debris from private property

• Local law and/or code enforcement agencies

• Historic and archaeological sites

• Qualified environmental Contractors to remove hazardous waste such as asbestos and lead-based paint.

• Abandoned vehicles

• Receipt of Right of Entry Agreements with landowners

The topography and soil/substrate conditions should be evaluated to determine best site layout. When planning site preparation, think of ways to make restoration easier. For example, if the local soils are very thin, the topsoil can be scraped to bedrock and stockpiled in perimeter of the tillable soils.

The following site baseline data checklist should be used to evaluate a site before a contractor begins operations and used during and after to ensure that site conditions are properly documented.

DMZ Site Operations

Lined temporary storage areas should be established for ash, household hazardous waste, fuels, and other materials that may contaminate soils and groundwater. Plastic liners should be placed under stationary equipment such as generators and mobile lighting plants. These actions should be included as a requirement in the contract scope of work. If the site is also an equipment storage area, fueling and equipment repair should be monitored to prevent and mitigate spills of petroleum products and hydraulic fluids.

Be aware of and lessen the effects of operations that might irritate occupants of neighboring areas. Establishment of a buffer zone can abate concerns over smoke, dust, noise, and traffic.

Consider on-site traffic patterns and segregate materials based on planned volume reduction methods.

Operations that modify the landscape, such as substrate compaction and over excavation of soils when loading debris for final disposal, will adversely affect landscape restoration.

Debris removal/disposal should be viewed as a multi-staged operation with continuous volume reduction. There should be no significant accumulation of debris at temporary storage sites. Instead, debris should be constantly flowing to burners and grinders, or recycled with the residue and mixed construction and demolition materials going to a landfill.

DMZ Site Closeout Inspection

Each DMZ site will eventually be emptied of all material and be restored to its previous condition and use. The Contractor is required to remove and dispose of all mixed debris, construction and demolition debris, and debris residue to approved landfills. Appropriate PBC inspectors will monitor all closeout activities to ensure that the Contractor complies with the Debris Removal and Disposal Contract. Additional measures may be necessary to meet local, State, and Federal environmental requirements because of the nature of the DMZ sites operation.

DMZ Site Closeout Planning

The Contractor must assure the County that all DMZ sites are properly remedied. There will be significant costs associated with this operation as well as close scrutiny by the local press and environmental groups. Site redemption will go smoothly if baseline data collection and site’s operation procedures are followed.

DMZ Site Closeout Steps:

1. Contractor is responsible for removing all debris from the site.

2. Contractor conducts an environmental assessment with County and landowner.

3. Contractor develops a remediation plan.

4. Remediation plan reviewed by County, landowner, and appropriate environmental agency/

5. Remediation plan approved by the appropriate environmental agency.

6. Contractor executes the plan.

7. Contractor obtains acceptance from County, appropriate environmental agency, and the landowner.

DMZ Site Remediation

During the debris removal process and after the material has been removed from each of the DMZ sites, environmental monitoring will be needed to close each of the sites. This is to ensure that no long-term environmental contamination is left on the site. The monitoring should be done on three different media: ash, soil, and groundwater.

• Ash. The monitoring of the ash should consist of chemical testing to determine the suitability of the material for either agricultural use or as a landfill cover material.

• Soil. Monitoring of the soils should be by portable inspection methods to determine if any of the soils are contaminated by volatile hydrocarbons. The Contractors may do this if it is determined that hazardous material, such as oil or diesel fuel was spilled on the site. This phase of the monitoring should be done after the stockpiles are removed from the site.

• Groundwater. The monitoring of the groundwater should be done to determine the probable effects of rainfall leaching through either the ash areas or the stockpile areas.

DMZ Site Closeout Coordination

The Contractor will coordinate the following closeout requirements through the Debris Manager and Emergency Management Staff:

• Coordinate with local and State officials responsible for construction, real estate, contracting, project management, and legal counsel regarding requirements and support for implementation of a remediation plan.

• Establish an independent testing and monitoring program. The Contractor is responsible for environmental restoration of both public and leased sites. The Contractor will also remove all debris from sites for final disposal at landfills prior to closure.

• Reference appropriate and applicable environmental regulations

• Prioritize site closures

• Schedule closeout activities.

Debris Management Site Baseline Data Checklist

Before activities begin:

• Take ground or aerial video/photographs

• Note important features, such as structures, fences, culverts, and landscaping

• Take random soil samples

• Take random groundwater samples

• Take water samples from existing wells

• Check the site for volatile organic compounds

• Areas of Historic significance

• Identify utilities underground and overhead

• All necessary licenses, permits, and fees for the same are the responsibility of the Contractor.

After activities begin:

• Establish groundwater-monitoring wells

• Take groundwater samples

• Take spot soil samples at household hazardous waste, ash, and fuel storage areas

Progressive updates

• Update videos/photographs

• Update maps/sketches of site layout

• Update quality assurance reports, fuel spill reports, etc.

Site number and location

• Date closure complete

• Household hazardous waste removed

• Contractor equipment and temporary structures removed

• Contractor petroleum spills remediated

• Ash piles removed

• Comparison of baseline information to conditions after the contractor has vacated the temporary site

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