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HomeMy WebLinkAbout20132920.tiff(o-0! - t2iY3 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 16 day of October , 2013, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." and TFR Enterprises. Inc., whose address is 601 Leander Drive, Leander, Texas , hereinafter referred to as "Contract Professional." WITNESSETH: WHEREAS, as a result of the flooding events which took place in mid -September, 2013, County is in need of hiring an independent contract professional to perform the following "Professional Services:" professional debris and debris disposal services, as more particularly set forth in the Request for Proposal, dated October 3, 2013 (a copy of which is attached hereto as Exhibit A and made a part hereof by this reference) and as further described in Contract Professional's Response to the Request for Proposal, (a copy of which is attached hereto as Exhibit B and made a part hereof by this reference), and WHEREAS, Contract Professional has the time available and is willing to perform the Professional Services, according to the terms of this Exhibits A and B and this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. TERM: The term of this Agreement shall commence on October 21, 2013, through and until December 31, 2013. 2. SERVICES PROVIDED BY CONTRACT PROFESSIONAL: Contract Professional agrees to perform the Professional Services for the compensation provided below and in accordance with the terms of any subsequently issues Work Orders issued pursuant to this Agreement by County. County reserves the right to independently bid any additional projects rather than issuing a Work Order to the Contract Professional for the same, pursuant to this Agreement. 3. COMPENSATION: County agrees to pay Contract Professional for all services performed hereunder as follows: the Professional Services shall be provided at the rates set forth in Exhibit B, as may be modified or limited by a subsequently issued Work Order. All compensation amounts payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. ruca TreAript J, i4-21-13 et: Ft-, Ater', GIG( oe, Phl, @A o 125lt3 2O/3- a9ao PIA cow 73cooy5 4. INDEPENDENT CONTRACTOR: Contract Professional agrees that it is an independent contractor and none of its employees, agents or contractors will become an employee of County, nor is Contract Professional, or its employees, agents or contractors entitled to any employee benefits from County as a result of the execution of this Agreement. 5 INDEMNIFICATION, DESIGN AND INSURANCE: Contract Professional shall indemnify County, its officers and employees, against liability for injury or damage caused by any negligent act or omission by Contract Professional in the performance of this Agreement and shall hold County harmless from any loss occasioned as a result of the performance of this Agreement. Contract Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by it and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Contract Professional shall maintain commercial general liability insurance in the amount of $1,000,000 combined single limits and errors and omissions insurance in the amount of $500,000, and the following: a. Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of Contractor's employees acting within the course and scope of their employment. b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: i. $1,000,000 each occurrence; ii. $2,000,000 general aggregate; iii. $2,000,000 products and completed operations aggregate; iv. $50,000 any one fire; and v. $500,000 errors and omissions. 6 NON -ASSIGNMENT: Contract Professional may not assign or transfer this Agreement, or any interest therein or claim thereunder, without the prior written approval of County Department. 7. ACCESS TO RECORDS: County shall have access to Contract Professional's financial records for the purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for at least five years after final payment hereunder. 8. TERMINATION: Either party may terminate this Agreement at any time by providing the other party with a 10 -day written notice thereof. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 9. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this Agreement. 2 10. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire understanding between the parties with respect to the promises and covenants made therein. No modification of the terms of this Agreement shall be valid unless made in writing and agreed to by both parties. 11. NON -APPROPRIATION: No portion of this Agreement shall be deemed to create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 12. GOVERNMENTAL IMMUNITY: No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 13. COUNTY REPRESENTATIVE: County will designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. 14. ACCEPTANCE NOT WAIVER: County's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Contract Professional of responsibility for the quality or technical accuracy of the work. County's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to County under this Agreement. 15. OWNERSHIP: All work and information obtained by the Contract Professional under this Agreement or individual work order shall become the property of the County. This includes, but is not limited to, reports, data, plans, drawings, records and computer files. 16. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. ft is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 17. ATTORNEYS FEES/LEGAL COSTS: In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that neither shall be liable to or responsible for the payment of' attorney fees and/or legal costs incurred by or on behalf of the other. 18. PUBLIC CONTRACTS FOR SERVICES: £C.R.S. §8-17.5-101) Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment 3 eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the Department program established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional (a) shall not use E -Verify Program or Department program procedures to undertake pre- employment screening or job applicants while this Agreement is being performed, (b) shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and (c) shall terminate the subcontract if a subcontractor dues not stop employing or contracting with the illegal alien within three (3) days of receiving notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the Department program, Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17,5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for damages. 19. COMPLIANCE WITH LAW: County and Contract Professional shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. CHOICE OF LAW: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. The parties agree that the District Court of Weld County shall have jurisdiction to preside over any dispute between the parties. 21. APPROVAL BY WELD COUNTY BOARD OF COUNTY COMMISSIONERS: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee, 4 IN WITNESS WHEREOF, the parties hereto have signed this Agreement this o21 -day of 1414 et , D13. COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY_ COLORADO ATTEST: Weld County Clerk to the Board BY Deputy Clerk o the Board CONTRACT PROFESSIONAL: arcia, Chair OCT 2 1 2013 By: Date 066bPr /2,d0/3 Name: //�� J ' Title: �`i€,5') dam' ('t ^ SUBSCRIBED AND SWORN to before me this / ' day of WITNESS my hand and official seal. y commission expires: s. ar7,soi 4 TIFFANY WILKES NOTARYMC STATE OF TEXAS CpNNtsagNEWIRE9: 01-27-20'14 5 a?O13- &idO Exhibit A ****************** REQUEST NO B1300179 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES DATE: October 3, 2013 PAGES 1 -6 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 6 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 6. I. NOTICE TO BIDDERS: A. The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County'), wishes to purchase the following: Debris Removal/Disposal/Reduction B. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: Friday, October 11th, 2013 at 10:00 am. (Weld County Purchasing Time Clock) II. INVITATION TO BID: A. Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. B. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. C. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. D. A MANDATORY -PRE -BID CONFERENCE will be held on Monday, October 7, 2013, at 1:00 p.m. MDT, at the Weld County Administration Building, located at 1150 O Street, Greeley Colorado in the events center. E. Bids may be mailed, faxed, or emailed. If mailed, bids should be in put in a sealed envelope that has the bid number and title of the bid typed or printed in plain sight. One original and one copy of the Bid must be submitted at the time of the bid opening. One complete bid document, which will be the only official copy of the bid, shall be filed at the purchasing department. After certification of the bid, by purchasing, the other copy will be sent to the applicable department(s) for review. The mailing address for this bid is: Weld County Purchasing Dept, 1150 "O" Street Room #107, Greeley CO 80631. Bids may be faxed to 970-336-7226 attention purchasing; and the vendor must include the following statement on the facsimile, "I hereby waive my right to a sealed bid". Bids may be emailed to: mwalters(a�co.weld.co.us or reverett(e.co.weld.co.us. We will send you an email confirmation when we receive your bid/proposal. (Emailed bids are appreciated) Bid information and bid tabulations can be found at: http://www.co.weld.co.us/Departments/Purchasing/index.html (Please check website for new information/addenda before submitting your bid.) Please call Weld County Purchasing if you have any questions, 970-356-4000 x4222 or x4223. III. INSTRUCTIONS TO BIDDERS: A. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. B. Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for opening. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. C. Bidders are expected to examine the conditions, specifications, and all instructions contained herein. Failure to do so will be at the bidders' risk. D. Bidders shall not stipulate in their proposals any conditions not contained in the instructions and specifications herein, unless specifically requested by the special instructions attached hereto. Any proposal which fails to comply with the letter of the instructions and specifications herein may be rejected. E. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section I., entitled, "Notice to Bidders." F. When approximate quantities are stated, Weld County reserves the right to increase or decrease quantity as best fits its needs. G. Whenever requested, samples or descriptive matter shall be filed prior to the opening of bids. H. Any item supplied to Weld County shall be new and of the manufacturer's current model unless otherwise specified. 1. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). J. All discounts shall be figured from the date of delivery and acceptance of the articles, or in the case of an incorrect invoice, from the date of receipt of corrected invoice, if this be subsequent to delivery and acceptance. K. Substitutions or modifications to any of the terms, conditions, or specifications of this which are made by Weld County after the bids have been distributed to prospective bidders and prior to the date and time of bid opening, will be made in writing and signed by Weld County's Director of BID REQUEST NO #B1300179 Page 2 General Services. No employee of Weld County is authorized in any way to modify any of the terms, conditions, or specifications of this bid without written approval of said Director of General Services. This is not to imply that bids will not be accepted or considered with specifications which are different from those herein. Any item which does not meet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid specification and proposal sheets and returned with the bid. L. The successful bidder shall indemnify and hold harmless Weld County against all claims for royalties, for patents or suit for infringement thereon, which may be involved in the manufacture or use of the material to be furnished. M. The successful bidder certifies that it shall comply with the provisions of C.R.S. § 8-17.5-101, et seq. The successful bidder shall not knowingly employ or contract with an illegal alien to perform work under the contract or enter into a contract with a subcontractor that fails to certify to the successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the contract. The successful bidder represents, warrants, and agrees that it: (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. § 8-17.5-1O2(2)(b). The successful bidder shall comply with all reasonable requests made in the course of an investigation under C.R.S. § 8-17.5-102 by the Colorado Department of Labor and Employment. If the successful bidder fails to comply with any requirement of this provision or C.R.S. § 8-17.5-101, et seq., Weld County may terminate the contract for breach and the successful bidder shall be liable for actual and consequential damages to Weld County. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if the successful bidder receives federal or state funds under the contract, the successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If the successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. N. All goods shall remain the property of the seller until delivered to and accepted by Weld County. O. Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. P. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. Q. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. R. Upon the election by Weld County, no delivery of materials, equipment or services shall become due or be accepted unless a purchase order shall first have been issued by the Weld County Director of General Services. It is understood that it is necessary for all invoices to be made out to "Weld County, Colorado," not to the Department securing the merchandise. All invoices should be sent to: Weld County, Accounting Department, P. O. Box 758, Greeley, Colorado 80632. BID REQUEST NO #B13O0179 Page 3 S. These instructions, the proposal forms, and specifications have been developed with the hope of raising the standard of purchasing negotiations to a level wherein all transactions will be mutually satisfactory. Your cooperation is invited. T. Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information the word, and "CONFIDENTIAL." Bidders are warned that financial information submitted without such denotation may be subject to public disclosure, pursuant to the terms of the Colorado Open Records Act. IV. DEFINITIONS A. "Standard:" When the word "standard" is used in the specification to describe an item of equipment or in assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. B. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. C. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. V. GENERAL SPECIFICATIONS, CONDITIONS AND INFORMATION A. Design: Any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. B. Pre -delivery Service: Office equipment is to be delivered, as directed, unpacked, assembled, cleaned and adjusted for immediate use at a location designated by the Weld County Director of General Services. Motor vehicles and other items of equipment shall be ready for immediate use at the time of delivery to a designated location. The equipment shall be clean and all instruments properly adjusted. The inflation of tires must be checked, lubrication completed, the crank case checked for proper oil level, and any other servicing normally provided by dealers shall be performed. Operating and maintenance manuals shall be provided at the time of delivery. Parts and price lists shall be included when special equipment is purchased or when requested by Weld County. C. Acknowledgment and Delivery Schedule of Initial Order: Time is of the essence. A delivery schedule of not more than calendar days after receipt of the order shall be deemed reasonable and serve the best interests of Weld County. Proposals exceeding this schedule may be rejected. Delivery will be made on or before . The successful bidder shall acknowledge the receipt of the order and certify delivery as scheduled. BID REQUEST NO #B1300179 Page 4 D. Warranty: The successful bidder shall warrant that: 1. The goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and 2. The goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and 3. The goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein The successful bidder shall further warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. All warranties made by the successful bidder, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. E. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. F. General Information: Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. G. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. H. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. I. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. J. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. BID REQUEST NO #B1300179 Page 5 K. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. L. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. M. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. N. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. O. Disadvantaged Business Enterprises. Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. BID REQUEST NO #B1300179 Page 6 REQUEST FOR PROPOSAL Request for Proposal Debris Removal/Disposal/Reduction Weld County, Colorado Weld County, Colorado, hereinafter called "County", will receive professional service proposals for Debris Removal and Disposal Services, to address debris from the flooding event beginning September 11, 2013. The County will accept proposals from qualified contractors with experience in debris removal. This RFP is limited to the operations of removing debris from the public right of way, and will not include future operations for removing debris from non-public areas. The successful contractor must enter into contract with the County. All payments under the contract, resulting from this Request for Proposal (RFP), shall be made only for services requested and approved by the County. No work effort will begin without written authorization (Notice to Proceed) from the County. There shall be no retainer paid in order to keep the Contract in effect. Please submit Proposals in the following form: Submittal: Weight in Evaluation: Experience: A narrative describing experience and qualifications. Include jobs completed and references, complete with contact information. 5% Technical Capabilities: A narrative describing your firm's approach to debris management, logistics, safety, and use of local resources. Describe capabilities for being self-sufficient. 10% References: A list of all current contracts and related experience for the past five years. Please include customer contact information. 25% Equipment: A listing of equipment owned by your firm that can be dedicated to debris removal services, Please do not list rented or leased equipment, or equipment owned by others (including subcontractors). Include proof of equipment ownership. 25% Reasonableness of Price: Completed Fee Schedule (see attached). 30% Vendor Questionnaire: Completed Vendor Questionnaire attached. 5% Insurance Certificate Pass/Fail Performance and Payment Bond ($100,000) Pass/Fail Bond Certificate Pass/Fail NOTES: The County reserves the right to reject any or all proposals and waive minor irregularities in the evaluation procedure. The County reserves the right to negotiate modifications to proposals that it deems acceptable and in the best interest of the community recovery. One or more vendor(s) may be selected to provide differing elements or levels of scope of work in accordance with the capabilities and extent of involvement each respondent proposes. Contracts issued resulting from this RFP shall only be activated for the current, federally -declared incident. There is no guarantee that any contract resulting from the RFP will be activated or that any work will be performed. Proposals shall not exceed 20 pages (using standard 12 point font and 1 inch margins). Any proposal that exceeds 20 total pages will be rejected. BID REQUEST NO #B1300179 Page 7 A MANDATORY PRE -BID CONFERENCE will be held on Monday, October 7, 2013, at 1:00 p.m. MDT, at the Weld County Administration Building, located at 1150 O Street, Greeley Colorado. Proposals must be received no later than Friday Oct 11, 2013, at 10:00 a.m. in order to be considered responsive. Proposals submitted after this time may not be considered. The mailing address for this bid is: Weld County Purchasing Dept, 1150 "O" Street Room #107, Greeley CO 80631. Bids may be faxed to 970-336-7226, attention purchasing; and the vendor must include the following statement on the facsimile, "I hereby waive my right to a sealed bid." Bids may be emailed to: mwalters(a�co.weld.co.us or reverett(Oco.weld.co.us. We will send you an email confirmation when we receive your bid/proposal. (Emailed bids are appreciated) Bid information and bid tabulations can be found at: http://www.co.weld.co.us/Departments/Purchasing/index.html (Please check website for new information/addenda before submitting your bid.) SCOPE OF WORK: In brief, the scope of work for this project includes the removal and appropriate disposal of "debris" from the County right-of-way. For the purpose of this project "debris" will be divided into three (3) general categories: 1. Vegetative debris. Vegetative debris is broadly defined as the vegetative portion of the waste stream arising from various sources, which includes but is not limited to tree branches, yard trimmings, plant wastes, etc 2. Construction, demolition, and other solid waste debris (non -vegetative; non -hazardous). These materials include but are not limited to lumber, bricks, carpets, ceramics, sheetrock, metals, drywall, window glass, metal and plastic piping, paint and any other non -hazardous materials. This also includes any garbage, refuse, or other material discarded as the result of this flood event. It does not include any hazardous waste as defined by state or federal regulations. 3. Silt. Silt is defined as earthy matter, fine sand, or the like carried by moving or running water and deposited as a sediment. For the purposes of this RFP, silt may include minor amounts of intermixed of solid waste, construction/demolition debris, and vegetative debris. For the purposes of this project, the county right-of-way shall be the publically owned property on both sides of established county roads. The right-of-way is indicated on the maps provided in Appendix A. Please review this information carefully: • The current estimated debris that will need to be collected and removed from rights -of -way is 50,000 cubic yards. This will include vegetative debris, construction/demolition and other solid wastes, possible household white goods, and silt. The operations may include two to four crews operating for approximately 60 days. The target locations will be limited to the rights -of -way, in the unincorporated areas of Weld County and within areas impacted by the recent flood hazards. Note: The categories of "debris" indentified above must be collected and disposed separately. Silt / Sediment removal operations will include removal from the right-of-way (borrow ditches and roads; NOT culverts) and restoration of the borrow ditches to their original grade to allow for flow of storm water, irrigation return flows, etc. Silt removal operations do not include revegetation or slope stabilization. The removal of flood related silt in the right-of-way may require special equipment. The Contractor will be required to obtain and utilize appropriate specialized equipment, at no additional cost to the County. All debris removal activities will occur only in those areas that were impacted by the flood event. The County will locate and coordinate all debris removal activities with the successful contractor — the contractor is not expected to identify areas where debris has accumulated. Maps have been included in Appendix A of this RFP which identify the areas primarily affected by the flood and the location of disposal facilities (Appendix B), that will be utilized for these operations. If necessary, the County may identify other County road rights -of -way that have been affected by the recent flood hazards, but may have been inadvertently excluded from the map. The Contractor agrees to provide service under this RFP in those areas so designated by the County. BID REQUEST NO #B1300179 Page 8 The Contractor needs to thoroughly review the County's geography prior to submitting its proposal. Current information regarding the impacts of this disaster is available on the County website. The map at the following address generally identifies where County roads and rights -of -way were most impacted and the likely areas where the majority of debris removal activities will take place: http://bit.ly/1a2LZEU Note: Pickup and disposal of debris pushed to the right-of-way by residents may be in a more wide- spread area then detailed in this map. The Contractor is requested to include within their proposal any other typical costs or items they may be aware of, which is not included in this RFP. • Contractor should be as self-sufficient (food, lodging, transportation, communications, etc) as possible and is requested to describe their capabilities for being self-sufficient. The selected contractor must have a representative present in the County within twenty four (24) hours of a Notification to Proceed and be able to mobilize equipment and personnel to the designated location within seventy-two (72) hours of Notice to Proceed. Performance Requirements and Services • The services to be provided by the Contractor, for the County, include those which are necessary for the removal of flood incident related debris from County roads, rights -of -way, public parks, and other public places, including, but not limited to, debris placed on or in these public sites, as approved by the County, to be removed by the Contractor. • Debris to be removed by the Contractor will be designated by a County official, inspector, monitor, or other personnel approved by the County. • The method(s) utilized for debris removal under this agreement are to be determined by the Contractor and approved by the County. The Contractor shall be entitled to employ heavy equipment, trucks, loaders, saws, and personnel necessary to accomplish the objective of the County. The work to be performed under this agreement shall consist of the Contractor clearing and removing any and all debris for the County by a process to include: o Examination of debris to be hauled; o Cutting, clearing, stacking, and sorting or moving debris to facilitate loading; o Loading and hauling debris to location(s) approved by the County. The County may instruct the Contractor to grind or recycle excess green waste materials. o The Contractor shall perform work so as not to interfere with the normal County, State, or Federal operations and/or violate existing regulations of these or other regulatory agencies. • Proposals shall list the Contractor's ability to utilize local resources and their general requirements for doing so. • The Contractor shall provide all necessary security and oversight for all operations. • The Contractor shall provide sufficient traffic control and warning devices for conducting work on streets and roads. • The Contractor work hours are sun -up to sun -down, seven days per week, unless otherwise approved by the County. • The Contractor shall hire and supervise any needed hazardous materials specialists and handle the disposal of all hazardous substances in accordance with all laws and regulations. The County shall approve any subcontractor and any proposed disposal/treatment method. Any hazardous materials disposal will be reimbursed at the Contractor's actual costs. • The Contractor shall operate within the requirements of the Occupational Safety and Health Act (OSHA) and all other applicable federal and state laws, rules, and regulations. The Contractor will adhere to the Guidance issued by the State of Colorado related to the handling and disposal of flood related debris. See attached CDPHE Guidance (Appendix C). Debris Operations Documentation Damage or disturbance to public areas, caused by Contractor equipment during debris operations, must be repaired / restored by the Contractor, at no additional cost to the County. BID REQUEST NO #B1300179 Page 9 The Contractor will utilize the County's monitoring and documentation process, including the utilization of the debris load ticket(s), as verified by the County's debris monitor, as the certified, original source documents to account for the measurement and accumulation of the volume of debris delivered and processed at the final disposal site(s). Load Tickets shall be turned in daily and will include the following: • Date • Preprinted Number • Contractor / Hauler's name • Truck number • Truck Capacity in cubic yards • Load percentage full, as assigned by Debris Monitors • Load amount in billable cubic yards • Debris classification • Point of origin for debris collected and time loaded • Mileage as determined and assigned by the Debris Monitors • Dumpsite location and time dumped The Contractor shall be responsible for reporting, to the County, and cleanup of all spills caused by the Contractor's operation, at no additional cost to the County or any other governmental entity. 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 shall be reported to the County Debris Management Coordinator immediately following discovery. A written follow-up shall be submitted to the County Director of General Services, no 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 • determination as to whether or not the amount spilled is EPA/state reportable • when and to whom it was reported • exact time and location and spill • 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 had in regards to the spill • description of cleanup procedures Time is of the Essence: The parties agree that time is of the essence in the completion of the Work called for under this Agreement. The Contractor agrees that all Work shall be executed regularly, diligently, and uninterrupted, at such a rate of progress as will ensure full completion thereof within a reasonable time. BID REQUEST NO #B1300179 Page 10 FEE SCHEDULE 1. Vegetative storm debris picked up at the designated work zone, hauled to and dumped at a County approved disposal site or landfill. $ /cu.yd. $ /ton 2. Construction, demolition, and other solid waste debris (non - vegetative; non -hazardous) hauled to and dumped at a County approved disposal site or landfill $ /cu.yd. $ /ton 3 Silt or sediment debris hauled to and dumped at a County approved disposal site or landfill $ /cu.yd. $ /ton 4. Tipping fees for debris, disposed at a County approved disposal site or landfill, shall be paid by CONTRACTOR and actual incurred cost shall be invoiced to the County for reimbursement. Final disposal sites must provide documentation to be included in the invoices to the County. At cost/per Weight/v olume tickets 5. Fill Dirt — As identified and directed by the $ /cu.yd. County, the CONTRACTOR shall place compatible fill dirt in ruts created by equipment and vehicles, and other areas that pose an imminent and significant threat to public health and safety 6. White Goods — The CONTRACTOR shall recycle all eligible $ /unit white goods in accordance with all federal, state and local rules, regulations and laws 7. Freon Recovery — The CONTRACTOR SHALL $ /unit REMOVE AND RECOVER Freon from any white goods, such as refrigerators, freezers or air conditioners, prior to disposal, in accordance with all federal, state, and local rules, regulations, and laws g. Mobilization and Demobilization — All Included arrangements necessary to mobilize and demobilize the CONTRACTOR's labor force and machinery needed to perform the Scope of Services contained herein shall be made by the CONTRACTOR a Reporting and Documentation — The Included CONTRACTOR shall provide and submit to the County all reports and documents as may be necessary to adequately document the Debris Recovery Services in accordance with FEMA requirements BID REQUEST NO #B1300179 Page 11 ***NOTICE THE MANDATORY PRE -BID MEETING DATE ON THE FIRST PAGE*** 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1300179. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together, constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. PLEASE DO NOT SEND BACK PAGES 1-6. BID REQUEST NO #B1300179 Page 12 VENDOR QUESTIONNAIRE - SUPPLEMENT TO BID SHEET THIS COMPLETED FORM MUST BE SUBMITTED WITH THE BID AND WILL BE EVALUATED IN CONJUNCTION WITH THE PROPOSAL. The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business? Please identify any licenses, certifications or registrations held by your organization. a. License/Certification/Registration # Years b. What business are you in? 2. What is the last project of this nature you have completed? 3. Have you ever failed to complete any work awarded to you? If so, where and why? 4. Give names, addresses and telephone numbers of three individuals, corporations, agencies or institutions for which you have performed work. 5. List all disaster debris contracts in progress as of the date of submission of this bid that your organization is currently engaged. (In case of co -venture, list the information for all co - ventures) BID REQUEST NO #B1300179 Page 13 6. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. 7. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. 8. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). 9. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. This list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. BID REQUEST NO #B1300179 Page 14 APPENDICES Legend ® Green Mate /\ Land811 d lire Disposal Bridges A U FloodPlatn_500y 47, aUnknown 1C - 18 Fe t 30 Feet = 40 Feet O 00 Feet 2-3 11. U Li- LL c 0 0 0 0 rN M V CD Appendix A-2 Appendix B WASTE FACILITIES SOLID WASTE LANDFILLS (no green waste accepted) FACILITY LOCATION CONTACT PHONE Waste Management— Buffalo Ridge Landfill http://www.wmdisposal.com/ 11655 WCR 59 Keenesburg, CO 80643 970-686-2800 Waste Connections, Inc. - Front Range Landfill http://www.wasteconnections.com 1830 WCR S Erie, CO 80516 303-673-9431 Waste Management — North Weld Landfill http://www.wmdisposal.com/ 40000 WCR 25 (offHWY 14) Ault, CO 80610 970-686-2800 GREEN WASTE/COMPOSTING Materials accepted: Tree limbs, grass clippings, etc. FACILITY LOCATION PHONE A-1 Organics Eaton Facility 16350 WCR 76 1-800-776-1644 (toll free) www.alorganics.com Eaton, CO 970-454-3492 970-454-3232 (fax) A-1 Organics Rattler Ridge 12002 WCR 59 1-800-776-1644 (toll free) www.alorganics.com Keenesburg, CO 970-454-3492 970-454-3232 (fax) Stromo LLC 21970 WCR 30 303-857-0763 www.renewablefiber.com Platteville, CO 303-857-9409 (fax) Greeley Organic Waste GROW Center 1 mile E. of Hwy 85 on E. 8`h St. Greeley, CO 970-673-2042 TIRE DISPOSAL FACILITY LOCATION CONTACT PHONE Snowy River Enterprises 4450 Mulligan Dr. 970-535-0535 http://www.snowyriverenterprises.com Mead, CO 80504 CH2E, Operated by 1 Factor, LLC (previously known 12311 WCR 41 Hudson, CO 80642 303- 536-4581 as Tire Mountain) 303- 536-4723 (fax) Appendix C STATE OF COLORADO John W. Hickenlobper, Governor Karin McGowan Interim Executive Director Dedicated to protecting andimproving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Services Division Denver, Colorado 80246-1530 8100 Lowry Blvd. Phone (303). 692-2000 Denver, Colorado 80230-6928 Located in Glendale, Colorado (303) 692-3090 http://www,cdphe.state.co. us 2013 Floods — Guidance: Management and Disposal of Flood Debris Colorado Department of Public Health and Environment In response to the flood disaster, the Colorado Department of Public Health and Environment ("Department") is providing guidance and regulatory relief for the management and disposal of damaged or destroyed structures, vegetation debris, vehicles, spoiled food, household chemicals, dead animals, septage and sewage. This guidance only applies to flood debris resulting from the September 2013 floods. Flooding can create debris and waste that warrant rapid response. Prompt cleanup and appropriate management of flood debris enables residents to move forward with their lives while minimizing potential public health and environmental issues that may be exacerbated the longer the debris is left in place. For instance, prompt cleanup can prevent nuisance conditions, odors, disease, and water contamination from runoff. To enable timely cleanup of flood debris items referenced above, the Department will temporarily not enforce certain regulatory requirements, as described below. The Department's choice not to apply certain regulatory requirements extends only to flood debris and sediment from the September 2013 floods; the Department will entertain requests for similar treatment in later years if necessary. The Department is providing a list of landfills (http://cioo.gl/maps/l3ksY) that will accept flood debris and waste from the recent flooding. Roll -offs can be taken to any one of the landfills on the list. Please call the landfill contact before transporting loads to alert the landfill that the material is coming and confirm it will accept the waste. Handling and Disposal of Flood Debris: A)Vegetation The Department has determined it will not enforce the following regulatory requirements for vegetative debris: 1) Vegetation debris and sediment laying in -place following the flood may be managed by the property owner or the property owner's contractor in accordance with local (city and county) rules and ordinances. The Department will not enforce solid waste requirements so long as the management does not create a nuisance or violate the Water Quality Control Division's stormwater regulations. 2) Vegetation debris, and sediment transported by stormwater (rain or other forms of Page 1 of 10 September 19, 2013 precipitation) into ditches, natural or manmade ponds or other low lying areas may be removed to preserve the function of these structures. Vegetative debris and sediment wastes, once removed or stockpiled, must be managed in accordance with local (city or county) rules and ordinances. The Department will not enforce solid waste requirements so long as the waste material does not create a nuisance. 3) Vegetation debris should be handled and stored in a manner to prevent a release to storm drains, streams, ditches, and other surface waters. Waste should be stored in upland areas away from concentrated stormwater flows, and in a manner that prevents erosion and transport of materials. B)Mud, Soil and Sediment 1) It is important to remember that current sediments are a result of redistribution of soil and sediment. 2) To this point, there have been few reported spills of hazardous materials that have been known to enter flood waters. 3) Most flooded areas do not have soil that typically has elevated levels of chemicals or heavy metals. 4) Some of the flood water that carried the sediment may have been contaminated with sewage that does contain bacterial, viral and parasitic pathogens. However, this risk can be minimized by avoiding contact with the sediment or appropriate hand washing after contact. 5) To further minimize risk, we recommend that remaining sediments be spread out and allowed to dry fully in the sunlight, which will further reduce the concentrations of pathogens in the sediment. 6) Individuals working with the sediment in a way that generates visible dust should consider wearing an N95 respirator as an additional precaution and make sure they wash their hands with soap and water. 7) If you have concerns about the sediment, it can be discarded as solid waste. Soil that is comingled with other visible waste or that is visibly stained should be discarded. Objectionable odors may or may not indicate presence of pathogens. When in doubt, throw it out. C) Structures Damaged and destroyed structures may be managed by the property owner or property owner's contractor. Structures that are partially damaged, but safe to enter, can manage house hold hazardous waste (HHW) (i.e., paints, car batteries, pesticides, etc.) at the County or municipal HHW facility. Structures should be handled in a manner that will minimize potential exposures to any unknown hazardous materials that could potentially be present in a damaged structure or debris from structures. Older structures have a greater potential to contain asbestos and lead. Some inert debris (nonleachable) and sediment may be disposed of onsite (as described below). If you wish to bring debris from a damaged structure to a landfill, please contact the facility to alert them that flood debris is coming and confirm the landfill will accept the waste. D)Vehicles Fuel, oil, hydraulic fluid, and other automotive fluids along with the battery from a vehicle must be removed and managed appropriately prior to recycling or disposal of the vehicle at a landfill. ElFoodWaste Spoiled, contaminated, or expired food managed by residents and businesses may be disposed at a landfill or taken to a composting operation approved to accept food waste. Food waste may be managed by the property owner or the property owner's contractor in accordance with local (city and county) rules and ordinances. The Department will not enforce solid waste requirements so long as the management: 1) does not create a nuisance, 2) does not violate the Water Quality Page 2 of 10 September 19, 2013 Control Division's stormwater regulations and 3) is done in accordance with the following criteria: 1) No food waste shall be placed in any body of water or seasonal creek or pond; 2) Surface water should be diverted from the pit utilizing an upgradient diversion berm or other method; 3) All food waste must be buried at least 150 feet down gradient from any groundwater supply source; 4) In no case should the bottom of the burial pit be closer than five feet to the groundwater table. 5) The food waste burial is done in accordance with local (city and county) rules and ordinances. fHouseholdChemicals Household Chemicals (i.e., Household Hazardous Waste (HHW)) can be taken to a county or municipal HHW facility for recycling or potentially reuse. Check with your local environmental health representative to see if a temporary HHW collection site has been established. If HHW cannot safely be removed from other flood debris or no recycling option is available, HHW can be taken to a landfill for disposal. QlDeadAnimals The property owner must follow the Emergency Livestock Disposal Policy issued by CDPHE. If the homeowner cannot meet the requirements of the preapproved plan defined in the Policy, they will need to submit a disposal plan to the Department and local governing body. Alternatively, dead animals may be taken to a landfill for final disposal. H)SeptaqeandSewaqe Many waste water treatment plants were impacted by the flooding. In some cases flood waters inundated domestic wastewater treatment plants resulting in untreated and partially treated sewage leaving the plant and being carried away by flood waters. Likewise, a number of septic systems may have been destroyed or compromised from the flooding. If during cleanup sewage or septage is encountered comingled with other flood debris, the waste does not need to be separated, but can be disposed at a landfill mixed with other flood debris. Property owners and contractors should take precautions to prevent exposure when working in or around setpage and sewage. Care should be taken to minimize or eliminate contact with the contaminated materials and to not spread the septage or sewage. 11 ElectronicWaste Items such as televisions, computers, DVD players and other electronic devices can be taken to an electronics recycler or electronics recycling collection location if the material is not adversely contaminated by sewage, septage or other flood debris. Electronic waste that has been submerged or damaged by water can still be recycled. The Department is issuing a temporary waiver of the electronic waste landfill ban (please see the department's web page for the waiver). The waiver allows the disposal of only residential electronic waste at a solid waste landfill if the electronic waste has been contaminated by sewage, septage or deemed unrecyclable from flood debris contamination. Collection locations for electronics recycling are shown in the map titled "electronics recycling and collection locations" at the end of this document. The waiver does not include electronic waste from businesses. Electronic waste from businesses must be managed as a universal waste, or as a hazardous waste, depending on the material characterization and is required to be managed as a hazardous waste. Page 3 of 10 September 19, 2013 ()White Goods The term "white goods" is used to describe major household appliances such as washers, dryers, refrigerators, freezers, hot water heaters, and other larger appliances. Because white goods are manufactured with a high percentage of metal, they are favorable for recycling. However, prior to recycling or disposal at a permitted landfill, white goods containing refrigerants (chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), or hydrofluorocarbons (HFCs)) must have those refrigerants properly recovered and appropriately managed by an EPA -certified technician with proper equipment. In addition, the facility accepting the white good for final disposal or recycling must keep documentation verifying refrigerant recovery on site for three (3) years. Please contact the CFC Unit for the Owner's Refrigerant Recovery Record form to meet this requirement. In Colorado, small appliance refrigerant recovery is regulated by the Colorado Department of Public Health and Environment, Air Pollution Control Division, Indoor Environment Program. A Chlorofluorocarbon HOTLINE is available to leave messages, report violations or to request assistance for either the state or federal chlorofluorocarbon programs. The number for the state Chlorofluorocarbon HOTLINE is 303-692-3200. At the landfill, white goods staged for recycling should separate those containing refrigerants from those that never contained refrigerants. This should expedite the technicians' removal of the refrigerant. On Site Disposal of Flood Debris: The Solid Waste Act and Regulations allow any person, other than governmental entities, to dispose of their own waste on their own property provided the Department approves an engineering and operations plan that complies with the landfill: 1) location restrictions and standards; 2) design requirements; and 3) operating criteria. The landfill design and operating requirements vary depending on the site setting and type of material being disposed. We typically encounter three major types of disaster debris including: 1) inert (non- leachable and/or non -reactive) materials; 2) vegetation; and 3) non -inert (leachable and/or reactive) materials. All of these materials, if managed appropriately, should not cause an unsafe impact to people, wildlife, groundwater, surface water or air. The inert materials are the easiest to manage because they are not mobile and will not present a significant risk to human health or the environment. Inert materials include earthen materials, hardened concrete, cured asphalt, masonry, some metals and other approved materials. Inert materials may be disposed of on property with the following provisions: 1) The disposal of inert waste on the property must be approved by the local government agency; 2) The inert waste may be disposed of in a basement if present or in a hole in the ground (the base of the hole should be at least 5 feet above groundwater); 3) The materials need to be covered with at least two feet of clean fill; 4) The cover needs to be sloped to achieve positive drainage and prevent ponding; 5) The cover should be revegetated to prevent erosion of the cover and surrounding materials; and 6) A notice of the fill location should be placed in the property deed. Non -inert materials may be disposed of on one's own property, but will require an engineering Page 4 of 10 September 19, 2013 design and operation plan that is submitted to the Department for review and approval prior to implementation. Disposal of non -inert materials or materials that present a risk to human health (including asbestos) will also require a post -closure care plan, financial assurance and an environmental covenant. All on site disposal activities must be in accordance with local (city and county) rules and ordinances. Temporary Stockpile Location for Flood Debris The department is working with local agencies that choose to establish temporary stockpile locations for flood debris. Certain waste and flood debris may not be accepted at temporary locations because of the high threat of vectors and other nuisance conditions. Please check with your local health department representatives for locations and acceptable waste and flood debris. Asbestos As the flooding recedes, communities are moving from the more immediate emergency response to longer term cleanup and recovery. The Department has updated this section of its guidance to reflect the changing nature of the disaster response, and to clarify questions we have received regarding building debris that has the potential to contain asbestos. This guidance only applies to state protocols. This guidance does not alter any federal requirements (e.g., EPA, OSHA) that may also apply with respect to debris cleanup and worker safety. Please contact the appropriate federal agencies if you have questions regarding the applicability of their regulations. For the purposes of this section on Asbestos, the following definitions apply: Tier 1 Building Materials: Any and all building materials that have been displaced or dislodged as a result of the heavy rains and flooding. This includes, for example debris from demolished homes that may have washed away. Tier 2 Building Materials: All other building materials not defined in Tier 1. This includes, for example, building materials from comparatively lesser damaged homes, such as drywall in a flooded basement. Trigger levels for single family residential dwellings are 50 linear feet on pipes, 32 square feet on other surfaces or the volume equivalent of a 55 -gallon drum. Trigger levels for public and commercial buildings are 260 linear feet on pipes, 160 square feet on other surfaces or the volume equivalent of a 55 -gallon drum. Tier 1 Building Materials Handling Procedures If asbestos -containing materials are known to be present in flood debris in amounts greater than regulatory trigger levels, they must be removed in accordance with Colorado Air Quality Control Commission Regulation No. 8, Part B. If it is not known if asbestos is present in the building materials, any wet material may be handled as non -asbestos flood debris and disposed of at a permitted landfill. Dry building materials should be wetted and then may be handled as above. Page 5 of 10 September 19, 2013 A state -issued demolition permit is not required to remove the debris from buildings that have been partially or completely destroyed. However, flood debris may contain unknown substances, including chemicals. People should take care when handling any materials from buildings that either are partially damaged by the floods (i.e., salvageable building materials remaining) or completely destroyed (i.e., only debris remains). All debris should be handled in a manner that will minimize potential exposure to both the people handling the material and those in the surrounding area. The heavy rains and flooding will presumably have resulted in debris that is thoroughly wetted, which should minimize dust and related potential risks from airborne materials during cleanup (including, potentially, asbestos fibers). Any material that has dried out should be thoroughly wetted to minimize dust release. The Department will not require flood soaked or thoroughly wetted materials transported for immediate disposal at the landfills to be wrapped with plastic. Roll -offs and trucks need to be covered to prevent: 1) the materials from drying out and 2) the material from blowing out of the vehicles between the point of pick-up and disposal. If the material is thoroughly wetted from flood waters/mud, then potential airborne contaminants should be sufficiently contained for short haul and immediate disposal purposes. In addition, handling flood soaked and muddy materials is hard enough; adding plastic wrapping could increase personal injury risk and hamper timely and effective cleanup. The risks from potential asbestos fibers and other airborne contaminants could increase as the debris dries out. If the material is not thoroughly wetted, then the materials should either be thoroughly wetted or, if that is not possible, the debris should be packaged inside a 6 -mil plastic sheeting liner. This is done to contain the debris as it is transported from the site to the landfill. Metal debris must be washed clean of mud/debris prior to recycling. Concrete debris (foundations) removed from a site must be disposed of at an approved landfill. If you wish to recycle this material, it must be inspected by a certified asbestos building inspector and found to be free of asbestos - containing materials prior to recycling. Tier 2 Building Materials Handling Procedures NOTE: Homeowners doing their own work in their primary residences are exempt from the Tier 2 requirements. However, homeowners must dispose of asbestos -containing debris in accordance with applicable regulations. All Tier 2 suspect building materials in amounts greater than the trigger levels must be sampled for the presence of asbestos in accordance with Regulation No. 8, Part B If asbestos -containing materials are present in amounts greater than the trigger levels, and are going to be removed or impacted by renovation or demolition activities, those activities must be done in accordance with the Major Spill Response section (III.T.) of Regulation No. 8, Part B. In order to further facilitate the timely and protective cleanup of confirmed asbestos containing materials from this natural disaster, the Department is providing relief from the following regulatory requirements until further notice: For sampling: The Colorado individual Building Inspector certification requirement is waived, so long as the individual's AHERA training is current. The requirement for a Building Inspector to work for a Registered Asbestos Consulting firm is waived. The requirement for a laboratory to be registered in Colorado to conduct bulk sample analysis is waived, but the requirement for the laboratory to be NVLAP-accredited is not waived. Page 6 of 10 September 19, 2013 For asbestos spill response requirements: • Immediate notification to the division by telephone is waived. • The 10 -day waiting period to begin an abatement project is waived. • The Colorado individual Worker and Supervisor certification requirements are waived, so long as the individual's AHERA training is current. • The requirement for an abatement company to obtain Colorado certification is waived. Lists of and contact information for landfills that will accept Tier 2 material can be found on the Air Pollution Control Division's Asbestos Program website: www.colorado.gov/cdphe/asbestos . If you need additional information, please contact the Asbestos Unit at 303-692-3100 or cdphe.asbestosPstate.co.us Hazardous Materials In all likelihood, hazardous materials will be encountered during the cleanup phase of the flood recovery effort: containers and other vessels that may hold materials that can either pose an immediate risk to cleanup crews if disturbed or might be classified as a hazardous waste for disposal purposes, a waste that most landfills are not licensed to accept. Several examples include propane cylinders, chemical tote tanks, 55 -gallon drums, tanks, cans, buckets and automobiles. These items will need to be safely removed, segregated, sampled and disposed of properly. The recovery of fluids and other hazardous materials from vehicles was discussed in Section C of this guidance document. Further discussion on two primary categories of containers is discussed below. A) Pressurized Containers: Propane Tanks, Propane Cylinders, Gas Cylinders and Other large Pressurized Containers Most propane and other compressed -gas related emergencies probably will involve small cylinders and non -bulk containers. The majority of these incidents can be handled safely and effectively by the local fire department with some technical assistance from the local propane and other gas marketers. Larger scale emergencies such as cargo tank truck rollovers, train derailments, or fires involving large stationary tanks or bulk plants containing flammable materials may require resources from a number of different agencies to resolve the problem, requiring coordination of information and resources among various players to safely and efficiently resolve the situation. Trained first responders will decide whether an incident requires aggressive leak and fire control measures designed to quickly control or mitigate the problem or other means of isolating the area to protect themselves and the public. Only after the incident site is stabilized and the area has been re- evaluated for hazards and risks should removal and recovery operations commence. Product transfer and removal procedures will vary based upon the type of container involved, container design and construction, container stress and actual or potential breach, and the position and location of the container. Small containers deemed to be in good condition or other larger vessels in good condition due to their inherent structural strength might be reusable or safe for delivery to the marketer for reuse or recycling of the contents. If the situation warrants it, the product contained within the pressurized vessel should be transferred and removed by propane industry responders, product specialists or container specialists who are hired as contractors by the owner/operator while public safety responders oversee the operations and maintain overall site safety. Page 7 of 10 September 19, 2013 As a last resort, if the condition of the pressurized vessel prevents its disturbance or removal, it may become necessary to vent the gas directly into the atmosphere. This approach may be suitable for propane, which dissipates quickly in open air, its dispersal accelerated with the use of firehoses with nozzles on fog pattern. This technique may not be suitable under certain weather conditions or for other products that pose a different hazard, such as highly toxic gasses or those that might be explosive. These vessels will require special handling techniques recommended by first responders in consultation with marketers and other people familiar with the hazard. For more information regarding response actions when vessels containing propane are encountered, please consult the publication "Propane Emergencies, Third Edition," by Michael S. Hildebrand and Gregory G. Noll, 2007, a link to which can be found at http://www.propanesafetv.com/uploadedFiles/Safetv/Workforce Training programs/Propane Emerge ncies (PE) Program/REVISED PE3 Text.pdf B) No -Pressurized Containers: 55 -Gallon Drums, Tote Tanks, Fuel Tanks, Cans, Buckets and Other Storage Vessels The first concern when approaching these vessels is to ensure protection of the first responders and the public. Extreme care should be taken when handling these containers because although normally not pressurized, damage to the containers during their movement or their placement outdoors where they are exposed to warmer temperatures could result in pressure buildup such that the contents could escape suddenly if caps, covers or valves are loosened. Once determined safe for movement, the vessels should be removed from the debris, segregated and eventually sampled for characterization purposes (assuming labels are missing) and eventual reuse or disposal as either a solid or hazardous waste. The condition of the vessel may dictate that they be overpacked or transferred to a new container. If determined to be a listed or characteristic hazardous waste, as defined in 6 CCR 1007-3 Part 261 of the Colorado Hazardous Waste Regulations (http://www.colorado.gov/cs/Satellite?c=Page&childpagename=CDPHE- Main%2FCBONLayout&cid=1251607573131&pagename=CBONWrapper), the contents of the vessel will need to be disposed of at a permitted disposal facility. In cases where a vessel appears to be damaged to the extent that its disturbance may result in the release of its contents, efforts should be made to empty the vessel in place, putting the contents into a new container for sampling, characterization and disposal. During any disturbance of these containers, equipment should be on hand to control any sudden release if the container were to leak or rupture as a result of physical damage to the container. Any debris that is visibly contaminated from a release should also be segregated until a determination can be made as to its classification and appropriate disposal. Following removal of these containers of hazardous materials, the ground should be inspected for evidence of a release, as demonstrated by visible staining or odors. Any contaminated environmental media can also be collected, containerized and disposed of along with the original contents of the vessel. If a release occurred, this information should immediately be reported to the Department's 24 - hour Emergency Reporting Line at 1-877-518-5608. The resulting report will be routed to the appropriate agency for follow-up response actions, including conducting further investigations and cleanup. As discussed in Section E (Household Chemicals) above, intact containers of paint and other chemicals up to 5 -gallons in size known or presumed to be derived from homes can be managed as Page 8 of 10 September 19, 2013 Household Hazardous Waste (HHW). These potentially hazardous materials HHW can be taken to a county or municipal HHW facility for recycling, reuse or disposal. The waiver does not include similar items derived from businesses, these containers needing to be segregated, characterized and disposed of in accordance with its waste classification (i.e., solid or hazardous waste). If you need additional information, please contact, for solid waste information, Charles Johnson at 303-692-3348 or charlesq.iohnsonstate.co.us, or Roger Doak at 303-692-3437 or roger.doak(c�state.co.us; the Asbestos Unit at 303-692-3100 or cdphe.asbestos(cilstate.co.us., or for hazardous waste information please call Doug Knappe at 303-692-3414 or doug.knappe@state.co.us Facilities covered by Water Quality Control Division CDPS stormwater discharge permits and municipalities with MS4 permits must ensure practices are in accordance with the facility Stormwater Management Plan or MS4 CDPS Stormwater Management Program, respectively. For more information on Water Quality Control Division requirements, please contact Nathan Moore at 303-692-3555 or Nathan.Moorestate.co.us The following websites provide additional references and information: Colorado Counties Inc.- http://www.ccionline.orq/ (site provides county contact information) Solid Waste Program - http://www.colorado.gov/cs/Satellite/CDPHE-HM/CBON/1251616361201 Active Solid Waste Facilities List, Compliance Assurance Staff Assignments Map, Permitting Staff Assignments Map Page 9 of 10 September 19, 2013 Landfill Disposal Location Map (shows nearest landfill location/information to current floods)- https://maps.google. com/maps/ms?msid=216854535921100171945.0004c36169c9023be767 8&msa=0 Electronics Recycling & Collection Location Map - https://maps.google.com/maps/ms?msid=216854535921100171945.0004c7633c4c89e731414 &msa=0 Exhibit B ^ T.E.R. Enterprises, Inc. DISASTER RESPONSE OlvISLON October 9, 2013 Weld County Purchasing Department Administrative Building, Room 107 1150 O Street Greeley, Colorado 80631 Thank you for the opportunity to submit the following proposal and offering our contractual services for debris removal within Weld County. TFR Enterprises, Inc. is a dedicated disaster and debris management corporation whose headquarters are located in Leander, Texas. TFR also owns and operates a tub -grinding division, located in Alpharetta, Georgia, responsible for vegetative debris reduction and recycling projects as well as an office in Robbinsville, NC. Capacity. Eight years ago, for Hurricane Rita/Katrina, TFR executed Debris management for 6,000,000 cubic yards, over a widespread area, using 14 TDSRS locations, in 180 days. Then again, four years ago during Hurricanes Dolly and Ike, TFR executed Debris management for 1,800,000 cubic yards, over a widespread area from Brownsville Texas to Polk County, Texas, using 10 TDSRS locations, in 160 days. Depth. Disaster response remains our primary business, but the principals of TFR have over 25 years of experience in related contracting including land -clearing, stream and river clearing and diversion, tree removal, trimming and pruning on parks, golf courses and rights -of -way, free repair and maintenance, debris recycling, tub grinding, hauling and demolition. History. TFR Enterprises, Inc., incorporated in 1989 in Tennessee, has been performing disaster recovery contracts nationwide since Hurricane Fran in 1996. Tipton F. Rowland, the sole stockholder of TFR Enterprises, Inc., owned and operated Robinson Tree Services, a 55 year -old company founded by his grandfather in Memphis. In 1996, TFR added a disaster response/debris management division. TFR re -located to Leander, Texas in September 2000 and sold the Robinson Tree Services division. TFR has provided debris removal and cleanup services to over 100 Federal, State and Local governments, as well as several private companies funded by FEMA. In -House Capacity. TFR owns over 100 pieces of equipment, including a fleet of self -loading debris hauling trucks, rubber-tired/tracked loaders, heavy -haulers, excavators, dozers, field offices, and eight (8) Diamond -Z Model 1463 Tub Grinders for vegetative debris reduction (grinding). It should be pointed out that not only is this equipment uncommitted on current long-term contracts, but all of it is equipment that is primarily designed for use in debris removal operations. This resource of company - owned and controlled assets allows TFR to provide an expedient response. From our office located in Robbinsville, TFR can respond within hours to immediately begin emergency road clearance services to provide a vital lifeline for federal, state, and local emergency responders to assess damages. TFR usually has a site ready for acceptance of storm -generated debris in less than 24 hours. Our Mobile Command Units have full communications. Project teams are immediately available to quantify debris, provide an overall damage estimate and begin a recovery/removal plan. i.El. Fntnrprises, Inc. DISASTER RESPONSE DIVISION Past Performance and Experience. Our Contract experience involves all phases of recovery after disasters generated by hurricanes, wind or ice storms, tornados, floods, drought, wildfires or radical disease infestation. TFR also provides complete debris removal contracts for our competitors that do not have the equipment, management, or experienced personnel to carry out their debris removal commitments. In the 2005 Hurricane Season, which saw major damages from Hurricanes Dennis, Katrina, Rita and Wilma, TFR performed work simultaneously in Texas, Louisiana, Mississippi, Alabama and Florida. In addition to our own prime contracts, TFR supplied the equipment and personnel, and also the Management, Supervision, Negotiation, Quality Control, Financing and Compliance Procedures for two prime contractors who had previous agreements to perform the work. All in all, as a result of the four storms that struck that year, the total amount of debris handled by TFR exceeded 6,000,000 cubic yards within 180 days. Advantages. You get us, not just a General Contractor with almost all subcontractors. In this industry, you own equipment for one reason: to start and finish jobs. This is the advantage that TFR Enterprises, Inc. brings to its clients. ■ TFR does not wait for subcontractors to mobilize or begin "push" operations. ■ 1FR does not rely solely on subcontractors to pick through public ROWs on a third pass after the "gravy loads" are gone. If necessary, our equipment performs the task. This allows more freedom from the "supply and demand" pressures following a disaster. We will arrive on time, with quality resources, experienced management, and proper documentation to facilitate an immediate clearing and clean up. Using our owned equipment and personnel, we set the standard for performance early on, and we cover any "hot spots" or difficult situations. We can bring our own camps to partner with Weld County to provide a full service disaster relief and recovery effort. The principals of TFR Enterprises, Inc. declare that this proposal is in all respects and is submitted in good faith without collusion or fraud and the person signing this proposal is authorized to bind the corporation. Once again, thank you for the opportunity to submit this proposal for disaster debris management services to Weld County and its representatives. Sincerel on F. Rowland, President T.F.R. Enterprises, Inc, DISASTER RESPONSE DIVISION Disaster Experience List (2005 -Present) . '7P,0je is r r i ,'i- -t10 eriip:ion,:',;;; ,s;r ;:_ � ,• ` +Os1.:!:'0 ; C, '4.000 • a Adams County, CO Debris Removal To Be Determined Current Boulder County, CO Curbside Debris Collection To Be Determined Current Oklahoma City, OK Debris Removal for Watercourses To Be Determined Current Sioux Falls, SD Debris Disposal from City Drainageways To Be Determined Current Shawnee, OK Debris Removal & Disposal of Hurricane Debris $60,800.00 7/28/13 Cleveland County, OK Remove, Reduce, & Dispose of Tornado Debris $509,500.00 To Date Current Norman, OK Remove, Reduce, & Dispose of Tornado Debris $375,000.00 9/19/13 Lecon Land Clearing $40,000.00 7/12/13 Sioux Falls, SD Emergency Tree Removal $935,518.00 6/15/13 Sioux Falls, SD Reduction of Storm Debris $750,000,00 To Date Current Garland County, AR Removal & Disposal of Ice Storm Debris $323,024.00 6/30/13 Saline County, AR Removal & Disposal of Ice Storm Debris $2,146,000.00 5/31/13 Island Beach State Park, NJ Hauling of Hurricane Debris $100,000.00 5/16/13 Township of Brick, NJ Debris Removal & Disposal of Hurricane Debris $58,963.00 5/10/13 Ocean County, NJ Debris Removal & Disposal of Hurricane Debris $200,542.00 5/10/13 Township of Scotch Plains, NJ Debris Reduction $32,243.00 3/31/13 Township of Old Bridge, NJ Removal of Tree Stumps $13,860.00 3/11/2013 Township of Edison, NJ Debris Reduction $74,000.00 3/6/2013 Neptune Township, NJ Debris Removal & Disposal of Hurricane Debris $35,785.00 11/14/2012 Southbury, CT Remove, Reduce, & Dispose of Hurricane Debris $18,795.00 12/11/2012 Norman, OK Remove, Reduce, & Dispose of Tornado Debris $408,073.00 6/1/2012 Southbury, CT Remove, Reduce, & Dispose of Winter Storm Debris $528,890.00 3/18/2012 Bastrop County, TX Remove, Reduce, & Dispose of Wildfire Debris $12,200,000.00 9/29/12 State Hwy Admin MD Remove, Reduce, & Dispose of Hurricane Debris $279,106.00 10/2/2011 Charles County, MD Remove, Reduce, & Dispose of Hurricane Debris $102,302.00 10/2/2011 Norman, OK Remove & Dispose of Wind Storm Debris $144,185.00 8/15/2011 Baltimore, MD Snow Storm $630,000.00 2/01/2010 T.f.11. Emflrprl es, lnc. DISASSER RESPONSE DIVISION Fort Bend County, TX Land Clearing & Grubbing $160,000.00 7/30/2010 Norman, OK Remove, Reduce, & Dispose of Tornado Debris $237,000.00 7/16/2010 Rogers, AR Remove, Reduce, & Dispose of Ice Storm Debris $900,000.00 03/1/2009 Port Bend County, TX Remove & Dispose of Hurricane Debris $10,000,000.00 1/7/2009 Polk County, TX Remove & Dispose of Hurricane Debris $6,600,000.00 3/10/2009 City of Liberty, TX Remove & Dispose of Hurricane Debris $2,900,000.00 10/17/2008 Harris County Flood, TX Remove, Reduce, & Dispose from Waterways $200,000.00 1/11/2009 City of Sugarland, TX Remove & Dispose of Hurricane Debris $3,400,000.00 12/20/2008 City of Katy, TX Removal & Disposal of Hurricane Debris $262,000.00 11/15/2008 USACE (Contracted through Ceres Environmental) Remove Hurricane Debris in Galveston, TX $100,000.00 9/27/2008 City of Brownsville, TX Load & Haul Hurricane Debris $1,252,000.00 10/15/2008 TXDOT Remove, Reduce, & Dispose Debris from ROW $823,000.00 3/30/2008 TXDOT Bridge Debris Removal & Reduction $55,000.00 10/15/2008 Willacy County, TX Remove, Dispose, & Reduce Hurricane Debris $445,000.00 9/9/2008 City of Laguna Vista, TX Remove & Dispose of Hurricane Debris $47,800.00 10/15/2008 City of San Benito, TX Remove & Dispose of Hurricane Debris $247,000.00 1.0/22/2008 City of Harlingen, TX Remove & Dispose of Hurricane Debris $879,000.00 9/9/2008 City of Port Isabel, TX Remove & Dispose of Hurricane Debris $223,000.00 9/6/2008 City of Tulsa, OK Site Mgmt, Reduction of Debris & Hauling $3,688,000.00 7/22/2008 City of Edmond, OK Clear Roads, Remove & Haul Storm Debris $228,000.00 2/15/2008 Broken Arrow, OK Debris Removal & Disposal of City Collections $79,000.00 2/15/2008 Waste Connections Inc Debris Grinding & Haul Off $235,000.00 3/15/2008 City of Omaha, NE Debris Removal From ROW $78,000.00 9/21/2008 Oklahoma County, OK Clear Roads, Remove, & Haul Storm Debris $84,000.00 1.2/22/2007 City of the Village, OK Clear Roads, Remove & Haul Storm Debris $78,000.00 1/31/2008 Missouri DOT Clear Roads, Remove & Haul Debris $250,000.00 4/1/2007 Missouri DOT Clear Roads, Remove & Haul Debris $175,000.00 4/1/2007 St Louis County, MO Clear Roads, Remove & Haul Debris $500,000.00 4/1/2007 City of Republic, MO Clear Roads, Remove & Haul Debris $700,000.00 4/1/2007 Erie County, NY Clear Roads, Remove & Haul Debris $3,500,000.00 12/26/2006 City of Naples, FL Hauling of Debris $2,100,000.00 1/08/2006 City of Hollywood, FL Haulinj of Debris $800,000.00 02/01/2006 City of Hollywood, FL Tree Trimming $7,000,000.00 12/25/2005 QLEI [apprises, INC. DISASTER RESPONSE O1V1SI0N Broward County Schools Hauling of Debris $190,000.00 12/25/2005 Broward County Schools Tree Trimming $1,300,000.00 12/25/2005 Dade County Hauling of Debris $250,000.00 11/27/2005 Jefferson, Newton, Orange, Hardin, Nacogdoches, San Augustine, Counties- USACE Contract Clear Roads, Remove & Haul Debris $35,977,000.00 Nov. 2005 -March 2006 Jefferson, Hardin, Liberty, Orange, Chambers, Tyler, Jasper, Counties- TXDOT Contract Remove & Dispose Vegetative Debris and Hazardous Trees from Right of way $407,500.00 11/1/2005 Belle Chase Military Base KBR-Halliburton Contract Clear Roads, Remove & Haul Debris Hazardous Trees $14,800,000.00 11/24/2005 Gulfport Naval Air KBR- Halliburton Contract Clear Roads, Remove & Haul Debris Hazardous Trees 1/6/2006 Pensacola Naval Air KBR-Halliburton Contract Hazardous Tree Trimming, Removal, Hauling, and Demolition $11,000,000.00 1/15/2005 City of Naples, FL Tree Trimming $70,000.00 2/5/2005 City of Naples, FL Pick Up and Haul Debris $339,000.00 2/15/2005 City of Destin, FL Pick Up, Haul, and Grind Debris $1,200,000.00 1/18/2005 Brevard County, FL Hauling of Debris $900,000.00 3/15/2005 City of Titusville, FL Tree Trimming, Pick Up and Haul $225,000.00 4/1/2005 Palm Beach County, FL Pick Up and Haul Debris $1,850,000.00 2/20/2005 City of Royal Palm Beach County, FL Pick Up and Haul Debris $720,000.00 2/10/2005 T.F.R. Enterprises, Inc. RESPONSE EIVISION Technical Plan *TFR is currently working in Colorado so we could have a representative on -site immediately and provide the necessary equipment within 48 hours of Notice to Proceed. Also, being self-sufficient is not an issue as we're currently lodging employees in the area. Debris Management Operations (after mobilization) For Debris Located on Rights of Way During the daily collection, movement, and disposition of debris, the TFR Operations Manager remains in constant contact with all Foremen and Supervisors via 2 -way radio to ensure that proper accounting and operational management of debris collection complies with TFR operational. procedures. Mid -day conferences, either in person or by radio, ensure that right-of-way, public/private, and local issues are addressed in real time effort. TFR's manager and principals are mindful of other disaster operations taking place in the affected areas during the debris removal process and cautious not to interfere with the efforts of others during the performance of the contract. Upon receipt of a task order and at the direction of the Government Agency, The Operations Manager will direct the Load and Haul Supervisor to dispatch the previously selected loading and hauling equipment to locations designated by the Governments' representatives. One foreman will oversee the loading and hauling operations for each crew. The foreman is responsible for conducting toolbox safety meetings, and a general briefing of operations including truck routes, local ordinances and other pertinent information. The foreman is equipped with fire extinguisher, pick-up truck with mobile radio and cellular telephone, first aid safety kit and list of emergency telephone numbers and map to emergency medical facilities. The foreman is responsible for preparing a daily report of activities. Before equipment is dispatched to the loading sites, it will have already undergone all the necessary safety inspection, measurement and hauling procedures at the staging area as outlined in the section above. All Loading and hauling crews will have received a copy of the scope of work, accident prevention plan, safety indoctrination, and assigned a crew foreman. All crews and foremen will be instructed by the Load and Haul supervisor that they are to work in areas designated by the Government's Representative and are not to relocate or move from one area to another without prior approval of the Government's Representative. No employees, or subcontractors of TFR Enterprises, Inc. will be allowed to work for private or other public entities while employed or contracted under this project. Loading All Loaders will have been previously inspected at the staging area for safety and compliance before being dispatched to the loading location. All Loader operators will have received safety briefings before beginning loading operations. Flagmen will be located ahead of loading operations to direct and control traffic entering into the area. All flagmen will be properly attired and wearing safety equipment including hard hats, safety shoes, reflective vests and carrying traffic directing flags. O 1.f.R. Entcrprsns, Inc. R RESPONSE OIVI SION All flagmen are under the supervision of the crew foreman. Operators are cautioned to be observant and conscious of their surroundings at all times, in particular being aware of hanging and downed power lines and structures hidden by debris, such as fire hydrants, water mains, fences, etc. Operators are cautioned not to overload trucks with debris in such a manner that the transporting of the debris could cause the excess debris to become dislodged and fall into traffic areas. Operators are cautioned to stay on the rights of way and not to enter private property during the loading process. Operators will be equipped with mobile radios and are under the supervision of the crew foreman. Operators are instructed to keep the debris loads segregated between (a) burnable (vegetative), (b) non - burnable (C & D), (c) mixed piles where C 8c D, non -burnable, and vegetative are co -mingled and cannot efficiently be separated at the curbside, (d) other (such as household hazardous waste [HHW]) Household hazardous waste (Il1IW) crew, trained in EPA requirements for handling of HHW, will load HHW materials, (household cleansers, butane, poisons, etc.) at the curbside by hand in a specially equipped compartmental truck. HHW will be delivered to the collection point designated by the Government's Representative. All Loading and hauling crews are under the direction of a TFR supervisor. Daily reports are maintained by the crew foreman and all equipment down time for repairs are noted on the daily reports. Hours of each piece of equipment and each employee are recorded and reconciled with the Government's representative daily. In the event of notice of a violation as a result of the actions of any employee or subcontractor, the Operations Manager will take immediate corrective action and follow up on the enforcement of such action and so notate in his daily log record. Hauling All Trucks will have been previously inspected at the staging area for measurement, numbering, safety and compliance before being dispatched to the loading location. All truck operators will be instructed to observe traffic regulations and follow the instructions of the flag persons. All truck operators are cautioned to wear safety equipment, including hard hats and steel -toed shoes. Truck operators are not allowed to leave with "overhanging" loads. Loads will either be trimmed or reloaded before being allowed to leave the loading area. LER. Enterprises, Inc. DISASTER RESPONSE DIVISION It is the truck operator's responsibility to check and determine that his load is safe before leaving the loading site. Truck operators will be equipped with mobile radios and are under the supervision of the crew foreman. Truck operators will be issued a "load ticket" at the loading site and will deliver the ticket to the inspector at the dumpsite. All Loading and hauling crews are under the direction of a TFR supervisor. Daily reports are maintained by the crew foreman and all equipment down time for repairs are noted on the daily reports. Hours of each piece of equipment and each employee are recorded and reconciled with the Government's representative daily. Dumping Operations Dumping operations will be at either the Temporary Debris Staging and Reduction (TDSR) Site or at a landfill/disposal site designated by the Government's Representative. All traffic regulations and speed limits will be observed at the dumpsite. Truck operators will report to the inspection tower and deliver their "load ticket" to the government inspector for inspection and approval before proceeding to dump his/her debris. Each truck operator will be directed as to where to dump each load at the dumpsite location by the designated dumpsite operator. Each truck operator will inspect his, truck and tailgate after the dumping process is completed to assure that it is secure before leaving the dump area. Truck operators will follow the designed traffic flow when leaving the dump and return to the designated loading area. Reduction of Debris Reduction of debris is normally applied to the vegetative debris such as brush and trees debris, which is also referred to as "burnable debris". However, the reduction process can also be applied to some items, which are considered non -burnable, or construction and demolition debris. This would include such items as household furniture, construction materials suchas roofing, treated timber. The primary purpose of this process is to reduce the volume of the material that is being landfilled. The economic evaluation of weighing the reduction cost against the unreduced landfill cost will be a factor in determining the feasibility of this approach. The most common methods of reduction are burning, chipping or grinding, and recycling. The following is a discussion of the burning and chipping and grinding methods. Open Burning, although very cost effective, is typically not suitable for urban or suburban areas. The feasibility of this method is very dependent on location and the cleanliness of the debris. Many areas and locations will not permit open burning particularly in urban environments where heavy smoke can T.E.R. Entcrpris's, Inc. OI SASTER RESPONSE DIVISION create health and property damage concerns. Bulldozers and loaders are the primary equipment required to operate an open burn process. Air Curtain Incineration is also a very cost effective method of reducing clean, vegetative debris but with less environmental impact than the open burning method. Air curtain incineration, incorporates the use of a "burn pit" aided by a forced air blower. The pit can be constructed below or above grade (depending on water table) and includes a mechanical blower to create constant optimal burn rates and an "air curtain" effect. The air curtain incineration system is a combination of the blower and pit, engineered as a unit to achieve the effect of holding the smoke while feeding air to the fire pit. Reduction of Debris by Chipping/Grinding is an opportunity to recycle the vegetative debris back to an economically beneficial use. However, the overall economic and environmental impact of chipping/grinding compared to burning will have to be reviewed before a determination can be made. Grinding/Chipping is the reduction of woody, vegetative debris by cutting and pounding the debris to reduce the woody materials into small pieces or "chips". This method normally produces a reduction of between 3 to I and 5 to 1, whereas burning reduces the debris by approximately 95%. However, wood chips have the possibility to be recycled and used as mulch, fuel, ground cover and animal bedding to name a few. The availability to recycle the chips would be a significant factor in determining the economic value of chipping/grinding. In the construction and operation of a chipping/grinding reduction operation, special consideration is given to the following factors: • Grinding machines must have a clearance of 300 feet. Warning signs must be stationed around the perimeter of the grinding equipment, warning of possible flying objects from the grinders. • The grinding machines must have screens, which produce chips not exceeding 4 inches in length and %2 inch in diameter. • Debris must be sorted and clean of other contaminants such as metals. • Operators must wear hard hats even in closed cab machines while operating. • Root Rake loaders are used to avoid contaminating the debris entering the grinder with dirt or sand. • Ground debris or mulch, is monitored daily for heat and internal combustion and is recommended not to remain piled on site for long periods (2-3 months). Segregation of Debris Although every effort will be made to segregate debris on the right-of-way before loading and hauling to the TDSRS, debris materials still become mixed and some loads are so co -mingled that they are classified as mixed debris loads. These loads will be directed to the area defined on the site plan as the "mixed debris" pile. This material will be sorted and separated by machines with grapples and "thumbs" and by hand labor and placed into the C & D, Vegetative, 141IW, Electronic (E -waste), White Goods, and Metals Piles. C & D Debris is nonhazardous waste including but not limited to: damaged components of buildings and structures such as concrete, brick, lumber and wood, gypsum wallboard, glass, roofing materials, shingles, tile, metals, etc. Recycling options for C&D can be the use of portable crushers that will crush concrete and remove the reinforcing steel magnetically. Masonry material such as brick, blocks and stone can also be crushed and combined with the crushed concrete. The resulting product can be utilized for construction of all weather roads or as a sub -base under new roads to be constructed. The reinforcing steel can be sold for scrap metal. Other portions of this debris stream, if wellseparated, can I.E.R. Enterprises, Inc. DISASTER RESPONSE' DIVISION often be reduced in volume by grinding before disposal in a landfill. This reduction will reduce the cost of hauling and tipping fees (if charged by volume). Vegetative Debris is burnable debris and can be reduced by either incineration or by chipping/grinding. If reduced by incineration, the estimated reduction rate is 95% and leaves the ash residue to be hauled off and disposed of. If reduced by chipping/grinding, the reduction rate is estimated at only 60%-75%, however, the by-product, mulch, can be recycled. The vegetative debris may become mixed with earth materials such as dirt, gravel, rock, or sand during the disaster. Root rakes are employed to shake and separate the brush and vegetative debris before it is reduced. Sometimes shaker screens or trommels are necessary to separate the earthen debris before reducing. Mulch from grinding the vegetative debris may be suitable for: residential or commercial ground cover, composting, landfill cover, fuel for boilers or power plants. All wood products from the vegetative debris will need to be evaluated for the presence of insects and other vectors that could have and adverse impact to the end user. Household Hazardous Waste (IIHW) is debris such as household chemicals, pesticides, unidentified liquids, paint, batteries, etc. As mentioned earlier, the primary goal is to separate this material on the curbside and pick it up separately by a designated HHW crew. These items should be separated at curbside and delivered to the collection points designated by the Government's Representative. However, in the event that HHW inadvertently becomes co -mingled with other debris and enters the site, it is separated from the other debris and placed into a Hazardous Containment area on the site for further disposal by those licensed to handle and dispose of this type of debris. Electronic Waste (E -waste) is composed of devices or components that contain one or more circuit boards and are used primarily for data transfer or storage, communication, or entertainment purposes, including but not limited to, desktop and laptop computers, computer peripherals, monitors, copying machines, scanners, printers, radios, televisions, camcorders, video cassette recorders (VCRs), compact disc players, digital video disc players, MP3 players, telephones, including cellular and portable telephones, and stereos. These items should be separated at curbside and then delivered to the collection points designated by the Government's Representative. If E -waste is brought to the TDSR for temporary storage, it will be contained in a separate staging area and placed on a flat surface over an impermeable liner. Some of this debris stream can be recycled and the Cathode Ray Tubes (CRT's) should be recycled if possible. The economics of recycling or disposing of this debris stream in a landfill will determine the final destination of E -waste. Coordination and discussions with the Government Representative will need to occur in order to determine the appropriate method of final disposal. White Goods refers to items such as refrigerators, air conditioners, freezers, etc. which may contain chemicals or fluids such as freon or oil, which must be remediated by someone with the appropriate license and certifications to do so. These items should be separated at curbside and delivered to the collection points designated by the Government's Representative. If however they are brought to the Site for temporary storage, they will be contained in a separate staging area so that they may be inspected and properly cleaned of all chemicals or fluids. Metals will be separated at the curbside and delivered to a separate staging area at the Temporary Debris Staging and Dump Site unless directed otherwise by the Government's Representative. Metals and White Goods are typically able to be recycled because the monetary value of the scrap metal is often high enough to justify the transportation and handling costs involved in the recycling effort. T.E.B. EoCcrprises, Inc. DISASTER RESPONSE DIVISION Hazardous, Toxic, Radiological Waste (HTRW) Unless otherwise directed by Task Order, if HTRW is discovered, it will not be handled, it will be left in place for removal by others, and the Government's Representative will be notified. If the Government's Representative directs TFR, TFR will have the HTRW removed and disposed of, in accordance with the Task Order, through the use of a licensed HTRW contractor. Regulated Asbestos Containing Material (RACM) includes any known or suspected asbestos containing material will be separated form other debris and disposed of by a licensed asbestos Contractor. Household Hazardous Waste (HHW) includes, but is not limited to: batteries, waste oil, waste fuels, paint, chemicals, antifreeze, pesticides, spray can, unidentified liquids, and household cleaners. HHW is typically handled along with white goods. Therefore the description of the debris removal process for HHW is included below with "White Goods", White Goods includes but is not limited to traditional household "white" appliances like, freezers, refrigerators ovens, clothes washers and dryers, and other small household appliances such as fans, smoke alarms, toaster ovens, microwaves, garbage disposals, and dishwashers. White Goods also refers to items such as refrigerators, air conditioners, freezers, etc. which may contain chemicals or fluids such as Freon or oil, which must be remediated by someone with the appropriate license and certifications to do so. These items will be separated at curbside and will be delivered to the TDSR collection point. At the TDSR we will contain Dirty White goods separate from White goods and they will be inspected and properly cleaned of all chemicals or fluids or removed by professionals certified and licensed to dispose of them. We will submit a Dirty White goods operation; cleaning and disposal plan prior to beginning site operations. Upon award of a task order, a Hazmat removal team will be assigned to oversee the curbside removal and HHW removal at the TDSR site and, if awarded a task under the ROE program, precede the demolition team. The Hazmat team will remove all HHW and White Goods to the curbside, separated, before haul off, or demolition of a structure begins. The separated HHW and White Goods will be transported by separate container to the TDSRS. This team will document on a daily reporting form, the type and quantity of HHW and White goods at the pick up location. Any HHW that may inadvertently become mixed with truckloads shall be separated at the TDSR site and stored in the HI-DY area for removal by the HHW crew. Refrigerators, freezers and containers with putrescible wastes will be sealed by taping closed so as not to have accidental openings and spillage while in transit to disposal site. Putrescible waste is solid waste that contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to cause obnoxious odors and to be capable of attracting or providing food for birds or animals. All putrescible waste removal, cleaning and handling will be managed so as to minimize potential exposure of workers and others to putrescible waste and minimize generation of odors. Unless directed otherwise by the Government's Representative, these White Goods shall be delivered to a landfill certified to handle Municipal Solid Waste. Electronic Waste (E -waste) is composed of devices or components that contain one or more circuit boards and are used primarily for data transfer or storage, communication, or entertainment purposes, rill. Enterprises, Inc. DISASTER RESPONSE DIVISION including but not limited to, desktop and laptop computers, computer peripherals, monitors, copying machines, scanners, printers, radios, televisions, camcorders, video cassette recorders (VCRs), compact disc players, digital video disc players, MP3 players, telephones, including cellular and portable telephones, and stereos. These items should be separated at curbside and then delivered to the collection points designated by the Government's Representative. If E -waste is brought to the TDSR for temporary storage, it will be contained in a separate staging area and placed on a flat surface over an impermeable liner. Some of this debris stream can be recycled and the Cathode Ray Tubes (CRT's) should be recycled if possible, The economics of recycling or disposing of this debris stream in a landfill will determine the final destination of E -waste. Coordination and discussions with the Government Representative will need to occur in order to determine the appropriate method of fmal disposal. Tires located at curbside will be kept separate and removed by the HEIW crew. At the direction of the Government's Representative, tires will be either hauled directly to a permitted recycling facility, to a final disposal facility permitted to accept the tires, of to the TDSR site. Tires shall be segregated in piles away from any wood waste (including ground mulch) or other debris that could have the potential to ignite and cause the tires to catch on fire. Tires shall be covered, to the best extent possible, from weather, so that no water builds up that could lead to mosquito larvae. The staging piles of disaster related tires should be limited to a reasonable and manageable height. Project Closeout/Exit Plan Load and Haul Operations: 1) All pick-up and hauling operations will be under the supervision of a TFR employee serving as the pick-up and hauling Project Manager. 2) TFR Enterprises, Inc., its employees and representatives will be responsible for all damages and personal injuries caused by it or any of its agents, associates, employees, etc. to any persons or personal property which occur as a result of, or incidental to, its performance of the contract. 3) During the performance of the operation, TFR supervisory personnel will inspect the areas in which TFR and its agents are working. Any damages and/or personal injuries will be recorded in the supervisor's daily report and a separate log for such occurrences. If the damages are minor and can be settled immediately, the TFR employee/agent is authorized to negotiate and settle at the site. The TFR employee/agent will have a prepared release form for the injured party to execute. A separate file containing all executed releases will be maintained in the field office of TFR for inspection and review by the government representative at all times. In the event an agreement on a claim for damages cannot be resolved by the supervisor/ project manager, the company will provide the claimant the name of the company's liability carrier and will file a report with the carriers adjuster to assist in the settlement of the claim. A copy of any unresolved claims that are being handled between the claimant and the company's insurance company representatives will be provided to the government representative. 4) As on all projects, TFR, Inc. will establish a field office with local address and telephone so that the general public may contact the company at any time with any complaints. In addition a sign will be erected at the entrance to the company field office, which will reflect the company's name, address and telephone number. 1.F.p. EoIcrpriscs, Inc. DISASTER RESPONSE DIVISION References Saline County, Arkansas Marty Polk, Superintendent 2000 U Street Benton, Arkansas 72015 P: 501.317.2402 mepolk@sbcglobal.com Contract Term: 03/2013-05/31/13 (estimated 124,000cy) Contract Amount: Approximately $2,146,000.00 Contract Type: Performed debris removal and disposal services resulting from Ice Storm. Bastrop County, Texas Mike Fisher, Emergency Management Coordinator 806 Water Street Bastrop, Texas 78602 P: 512.848.6693 emc@co.bastrop.tx.us Contract Term: 09/29/2011-09/29/2012 Contract Amount: Approximately $13,100,000.00 Contract Type: Cubic yard contract (estimated quantity 700,000cy) Description of Work: Performed debris removal, reduction, and disposal services resulting from 2011 Wildfires. Fort Bend County, Texas Mr. Marc Grant, Road Commissioner PO BOX 148 Richmond, Texas 77406 P: 281.342.4513 grantmar@co.fort-bend.tx.us Contract Term: 09/16/08-12/20/08 Contract Amount: Approximately $10,000,000.00 Contract Type: Cubic yard contract (estimated quantity 500,000ey) Description of Work: Performed debris removal, reduction, and disposal services resulting from Hurricane Ike. i.E.N. Entcrpriscs, Inc. 01 TER RESPONSE DIVISION Current Active Projects I. Cleveland County, Oklahoma Emergency debris removal from 2013 tornado 2. Sioux Falls, South Dakota Reduction of debris resulting from 2013 ice storm 3. Sioux Falls, South Dakota Stump grinding from 2013 ice storm 4. Boulder County, Colorado Curbside debris collection from 2013 floods 5. Adams County, Colorado Debris removal from various bridges resulting from 2013 floods FEMA & OSHA CERTIFICATIONS FEMA #IS -00003 Radiological Emergency Management FEMA #IS -00010 Animals in Disasters: Awareness and Preparedness FEMA #IS -00100 Introduction to Incident Command System FEMA #IS -00240 Leadership & Influence FEMA #IS -00279 Retrofitting Flood -Prone Residential Structures FEMA #IS -00288 Role of Voluntary Agencies in Emergency Management FEMA #IS -00292 Disaster Basics FEMA #IS -00301 Radiological Emergency Response Operations FEMA #I5-00346 An Orientation to Hazardous Materials for Medical Personnel FEMA #IS -00393 An Introduction to Hazard Mitigation FEMA #IS -00547 Introduction to Continuity of Operations FEMA #I5-00632 Introduction to Debris Operations FEMA #IS -00700 National Incident Management System (NIMS) An Introduction FEMA #15-00800 National Response Framework, An Introduction FMCSA- Development of DOT -Required Safety Management Controls FMCSA- Supervisor Drug and Alcohol Training NIMS ICS 100 Introduction to Incident Command System NIMS ICS 200 ICS for Single Resources and Initial Action Incidents NIMS ICS 300 Intermediate ICS for Expanding Incidents NIMS ICS 400 Advanced ICS OSHA 30 -Hour Construction Safety Course OSHA 29CFR 1910.120 HAZWOPER TEEX 16 -Hour Work Zone Traffic Control TEEX 4 -Hour Train -the Trainer Flaggers August 29, 2013 Re: TF'R Enterprises, Inc., Leander, TX LETTER OF BONDABILITY To Whom It May Concern: TER Enterprises, Inc. is a valued client of Arch Insurance Company. As their surety company, we have approved single projects up to $50,000,000.00. Further, Arch has never declined to write a surety bond on TFR's behalf. Please also understand that final approval and issuance of any bid, performance and payment bonds will remain subject to our normal underwriting criteria, acceptable bond forms, confirmation of funding and approval of contract language at the time of a specific surety band request. Please do not hesitate to call with any questions. Sincerely, t RCH INSURANCE COMPANY ,- +r.. • ``` l*l A. Conti ....1NM�••• Carplina Surcty Brokers IJ,C, 21,91 tWochutf Rct, Suite 2LOo 0'223, Oreetiviile,'SC 15'617, 860 50899 Mat Iliatarfs %Ilo al' bank August 28, 2013 To Whom It May Concern: TFR Enterprises the, is a valued customer with First Victoria National BankCurrently, the company has a six figure balance in their checking account, and the company has a One Million Dollar ($1,000,000.00) Revolving Line of Credit available. If you have any questions please call me at 281-465-5308 or Wanda Hard, Lending Assistant, at 281-465- 5312. Travis Freeman Executive Vice President 6nrInWWoodlaut Bunch • 2,5661 14,6 North • The Woodlancls,Teras 77180 • 281-292-6891 • 800-242.3120 261-0640691 • wwafIrstvlolorla,oem Bastrop County Engineering Department 806 Water Street Bastrop, Texas 78602 512.581,7176 RE; Letter of Recommendation — TFR Enterprises, Inc. To Whom It May Concern On September 4, 2011, a wildfire ignited in Bastrop County and became the most destructive single wildfire in Texas history, 34,000 acres were burned; 1,667 Homes destroyed; 5,000 people were displaced front theft homes; two people lost their lives, and 1,5 million trees were burned beyond survival, As we began our recovery efforts after the fire, we recognized that debris removal would be one of the initial tasks in the recovery efforts, and that it would be a monumental task, the scope of which bad never been experienced by our county. Bastrop County received sealed proposals from eight (8) nationally known debris removal contractors, We reviewed and scored the proposals and then conducted personal interviews with four (4) of the contractors, TFR Enterprises, Inc. (TFR) was selected with a unanimous vote from both the contractor selection committee, and the Bastrop County Commissioners Court, 1TR mobilized immediately and helped in the development and preparation of our temporary debris management sites, I'FK removed large quantities of vegetative and construction and demolition debris from our public road right of ways, and mitigated the threats to public safety by cutting and removing dangerous standing trees, from both public and private properties. TER responded to our request for them to employ as many local people as possible for their debris removal operations. TFR's commitment to hire locally helped keep some of the disaster debris removal funds circulating in our local economy, The debris removal operation for Bastrop County was unique in that almost the entire burn scar area is located within the critical habitat of a Federally listed endangered species, and therefore, U.S. Fish & Wildlife and FEMA were involved inthe daily operations of tree & debris removal. We are fortunate to have TFR as an experienced contractor, with an abundance of specialized equipment and an experienced management staff helping us with our recovery efforts, I am thankful for all that TFR has done to help Bastrop County in our recovery efforts, and I am pleased to provide this endorsement and recommendation to others that are in need of the services TFR provides. Sincerely, Ronnie Moore, P,E, Bastrop County Engineer Ronnie.mo ore@co.bastrop.tx,us COUNTY JUDGE Foil Bend County, Texas Robert B. Hebert County Judge February 27, 2009 Mr. Tipton F. Rowland President/Chief Executive Officer TER Enterprises, Inc. 601 Leander Driver Leander. Texas 78641 Dear Mr. Rowland: (281) 341-8608 Fax (281) 341-8609 We want to take the opportunity to personally express our thanks for your efforts during and after Hurricane Ike, Your assistance in the debris removal was truly appreciated, Each and every person's hard work was necessary and vital to restore order and bring our community back to normal. Arthur Auville's special expertise and commitment were essential to our recovery and we want you to know how much we appreciate TER Enterprises for The professional services provided. Sincerely, elt, Robert E. He err County Judge 6/664 Marc! Grant Road & Bridge Commissioner Jeff Braun Emergency Management Coord. cc: Arthur Auville 301 Jackson St„ Suite 719 • Richmond, TX 77469 Ike Conn Office of Saline County Judge Lanny Pita Selmu County Ceurthousa, Room 117 200 N. Icluln Sr., Benton, AR 720'15 501.305.5640 • lanny.flte@snlinecounty.ory • Fax 501,303.5682 July 17, 2013 Tipton Rowland TFR Enterptses, Inc. 601 Leander Drlva Leander, Texas 78641 Dear 'Tipton Rowland: Please accept this letter as a sincere expression of thanks for the excellent service that your company and staff 'provided to the citizens of Saline County in the removal of vegetative debris resulting from our December 2012 ice storm The profession m displayed throughout the contract evidences the highest quality of service, machinery and personnel. Please feel free to have future clients contact myself or my staff fora recommendation of TIM Enterprises, Inc. and the services they provide. Sincerely, Marty PP'i11c Saline County RoaEl Department Superintendent f EE RCH511111 F 1, Vegetative storm debris picked up at the designated work zone, hauled to and dumped at a County approved disposal she or landfill: k ,{cu d. P ICI $ /ton 4.8%'&2 2, Construction, demolition, and other solid waste debris (non - vegetative; non -hazardous) hauled to and dumped at a County approved disposal site or landfill $ �/o� �yud ' . �g ' $ /ton % !,'. 3' Slit or sediment debris hauled to and dumped at a County approved disposal site or landfill ),,4,9? ,dud' a'5 tom' j 4, Tipping fees for debris, disposed at a County approved disposal site or landfill, shall be paid by CONTRACTOR and actual incurred cost shall be Invoiced to the County for reimbursement. Final disposal sites must provide documentation to be Included In the Invoices to the County. At cost/per Welght/v olume tickets 5, Fill Dirt — As identified and directed by the I $ /cu.yd. G.' 0O County, the CONTRACTOR shall place compatible fill dirt in ruts created by equipment and vehicles, and other areas that pose an Imminent and significant threat to public health and safety a, White Goods — The CONTRACTOR shall recycle all eligible 1---5 /unit 5, no white goods in accordance with all federal, state and local rules, regulations and laws 7, Freon Recovery— The CONTRACTOR SHALL $ /unit 81b(3 REMOVE AND RECOVER Freon from any white goods, such as refrigerators, freezers or air conditioners, prior to disposal, in accordance with all federal, state, and local rules, regulations, and laws 8. • _ Mobilization and Demobilization —All Included arrangements necessary to mobilize and demobilize the CONTRACTOR's labor force and machinery needed to perform the Scope of Services contained herein shall be made by the CONTRACTOR 0. Reporting and Documentation— The Included CONTRACTOR shall provide and submit to the County all reports and documents as maybe necessary to adequately document the Debris Recovery Services In accordance with FEMA requirements BID REQUEST NO #B1300179 Page 11 ""NOTICE THE MANDATORY PRE•BID MEETING DATE ON THE FIRST PAGE"?' 1, The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1300179. 2, The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together, constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any Informality In the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, Is to the best Interests of Weld County. The bids) may be awarded to more than one vendor, FIRM 'rl E en yp r se.� j ? IO c} BY —T14)04-04 ate, ear-'3(a..nd . (Please print) BUSINESS �y ADoF�ESS Lehi Leal d&&Y" Ili uc_' . t,�� rD�ATEO ''DI',r `3j a013 CITY, STATE,, P CODE t nyyet . r j Te. 4.,�..sr� U l 04 �"1lI 1! //� TELEP 61V tJ 'r7 L /A FAX.512-) (3i11 TAX 'DO !a -1iCt 1S SIGNATURE E-MAIL til,y Gin co'-'V__-+C,-CJY*-✓ WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03351-0000. PLEASE DO NOT SEND BACK PAGES 1-6. mestesivemEmesmeemiesseeny BID REQUEST NO #131300179 Page 12 VENDOR QUESTIONNAIRE - SUPPLEMENT TO BID SHEET THIS COMPLETED FORM MUST BE SUBMITTED WITH THE BID AND WILL BE EVALUATED IN CONJUNCTION WITH THE PROPOSAL The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1, How many years has your organization been In business? Please Identify any licenses, certifications or registrations held by your organization. a. License/Oertlflcation/Reglstration #Years pisense . sae encla3ed Us . b. What business are you in? f) rlenc9 Dek' s (l (f, ro�, of 2. What is the last project of this nature you have completed? eautiti / OricetosaS 3. Have you ever failed to complete any work awarded to you? If so, where and why? Nexer 4. Give names, addresses and telephone numbers of three Individuals, corporations, agencies or institutions for which you have performed work. Please 62e, . iooQc1 )1E*. 5. List all disaster debris contracts in progress as of the date of submission of this bid that your organization Is currently engaged. (In case of co -venture, list the information for all co - ventures) el ea5Q- Sae eaCLQGQ. Ir5L matetsiteristitesseroaniosmoi HID REQUEST NO #81300179 Page 13 6. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. eicketird � 2 � .� aurre1i+1 r.1 reed- eck a U eadtitviemechfv3 flb,w16 7. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, Its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. 8. List and describe all successful Performance or Payment Bond claims made to your surety(les) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organizatlon(s). M , has nee, r MC .. OV.k. lovias • Y- CZ..j P roste ot. • 9. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or Its predecessor organization(s) during the last five (5) years. This list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. 7 �1ot.s never had cuj ciadi . arbilYclii61S acam) r! i trz,�:k1 U ..hitaxi rte' Dr ail t i fs bmui kk ct i yzt' ns-1 cYi cupoi,eN-• BID REQUEST NO #B1300179 — Page 14. RESOLUTION RE: ACTION OF BOARD CONCERNING WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION OF BID #B1300179, FLOOD DEBRIS REMOVAL, DISPOSAL AND REDUCTION - DEPARTMENT OF GENERAL SERVICES WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Department of Purchasing has requested waiver of the ten-day waiting period for Bid Request #B1300179, Flood Debris Removal, Disposal and Reduction, for the Department of General Services, due to ongoing flood recovery efforts, and WHEREAS, the Board of County Commissioners deems it advisable to waive the ten-day waiting period for said bid. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the ten-day waiting period for Bid Request #61300179, Flood Debris Removal, Disposal and Reduction, for the Department of General Services, be, and hereby is, waived. BE IT FURTHER RESOLVED by the Board that the low bid from TFR Enterprises, Inc., be, and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of October, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD C4KJNTY, COLORADO ATTEST:��ow..�,�••..9��(tJG.._ Weld County Clerk to the Board BY: Deputy Clerk APP County Attorney Date of signature: -` am F. Garcia, Chair r�• n P. Conway na'La _ Mikee Freeman 1�4.a1�t7� Barbara Kirkmeye 2013-2920 P00016 BC0045 EG0068 October 15, 2013 GENERAL SERVICES 1150 "O" STREET P O BOX 758 GREELEYCO 80632 www.co.weld.co.us Direct Line: 970.336.7235 FAX: 970.352.0242 To: Board of County Commissioners From: Trevor Jiricek Subject: Flood Debris Removal from County Right -of -Way; Bid #B1300179 As advertised, this bid is to remove debris from the County Right -of -Way that accumulated as the result of recent flooding. The project is expected to take no longer than 60 days. The low bidder, meeting all specifications, is TFR Enterprises, Inc. (bid summary attached). Therefore, General Services is recommending the bid be awarded to TFR Enterprises, Inc. f moll linos R.I.dirnan ?When~A• mi0r»o-n:s` .nss :.e CO251mm�Idy' Road 0001 [,n0em,m 0073 .V51 -m MO .r�,:30000w0.,ral 11635 <. ,.,� eoRUiss.>eoitiO mesa o.n�0000 Etria.9347 1352176.6100 7573,765.01 26.8.17 111-0,33041 711149943 0-110724 13,255.1 EnAll.ee,.d�.r.e, 000007.,.E .F1.1.1..5375. Rllesaexee„e„ll,...,e.. nr.,@ffiVficrrn00 cam fa 9r d,«r, .r. m+, ir.e.,.o.,dle..xa„ .0wa_el m tLeal 5 Em ssw sm 2sto m 20.0 ..v1.ra DO a NeN �ear..r �a..rm5�n w.m 5 ”CO leei<wsa,.pme 5.lh weed s wm s mm 5 50.00 Nµ�,••• Rweernx.nmmmrw xa ee-rwaeemmrnvr vp x00 x00 5. 15:: _:__ ua w 55 St 5 ....a.w ....mrrmne s snm na.>&eoas,ra,wcrre.r 5 ssm Sams crm s 0500 s x�a �V�3 s 0000 s00.305 z 69.00.00 rr«. u,.,.nVw9 s s som s 0.00 ru xs e.t.d...., x00 ,.....:::2009905 in," 5955.. 559x0 05m.ao $000.47 •rmame00i-070smM _— _..... Hello