HomeMy WebLinkAboutDocumentation_Regular_Tab 04_7/14/2022Agenda Item #4.
Regular Council
STAFF MEMO
Meeting: Regular Council - Jul 14 2022
Staff Contact: Doug Chambers, Director of Department: Public Works
Public Works
To Approve Mutual Aid Agreements for Hurricane/Disaster Debris Removal, Reduction and Disposal
This agenda item references a new Mutual Aid Agreement for Hurricane/Disaster Debris
Removal, Reduction and Disposal.
The previous Mutual Aid Agreement with Phillips and Jordan expired in May 2022.
After a Hurricane/Disaster, each Municipality is responsible for right of way debris collection
and disposal within their jurisdiction.
An Interlocal Agreement is required with the Solid Waste Authority prior to delivering debris to
Solid Waste Authority Locations.
The Solid Waste Authority has agreements with four qualified contractors, selected by
competitive process, to manage debris hauling. These agreements extend 3 years and expire
on May 7, 2025.
Article 33 (Agreements with other Government Entities) is a provision where the Contractor
agrees to extend the same terms and conditions, for the same price to all State and Local
Government Agencies of the State of Florida.
It is my recommendation that the Village of Tequesta enter into Mutual Aid Agreements with 3 of the 4
awarded Contractors.
1. Philips and Jordan
2. Crowder Gulf
3. DRC Emergency Services.
The three (3) Mutual Aid Agreements are presented herein, requiring Mayor Molly Young's signature
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
PROJECT NAME: BUDGET: n/a ENCUMBERED: n/a
Proposed: Projected Remaining:
n/a n/a
Review for approval the Mutual Aid Agreements
Page 40 of 524
Agenda Item #4.
2022 CrowderGulf Mutual Aid Agreement
2022 DRC Emergency Mutual Aid Agreement
2022 Phillips & Jordan Mutual Aid Agreement
Page 41 of 524
Agenda Item #4.
5629 Commerce Boulevard East
Mobile, Alabama 36619
May 16, 2022
Village cf Tequesta
345 Tequesta Drive
Tequesta, FL 33469
tiorowderGulf
Disaster Recovery and Debris Management
Office: (800) 992-6207
Fax- (251) 459-7433
RE: Mutual Aid Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal between Solid Waste Authority of Palm
Beach County and CrowderGulf Joint Venture, Inc.
CrowderGulf and the Solid Waste Authority of Palm Beach County have executed an Agreement for Hurricane/Disaster Debris
Removal, Reduction and Disposal, Agreement No. 22-201 B effective May 8, 2022, through May 7, 2025.
Article 33 (Agreements with other Government Entities) of Agreement No. 22-201 B states:
The CONTRACTOR agrees that this Agreement constitutes an offer to all State Agencies and local government agencies of
the State of Florida under the same terms and conditions, for the same prices and for the same effective period as specified in
this Agreement; should the CONTRACTOR deem it in the best interest of their business to do so.
The Agreement in no way restricts or interferes with any State Agency or local government agencies of the State of Florida
from re -solicitation.
We would like to offer to the Village of Tequesta, FL, to enter into this agreement with CrowderGulf per Article 33 of
Agreement No. 22-201 B. This offer is made under the same terms and conditions stated in the referenced agreement.
Please return one fully executed original letter upon acceptance.
Best regards,
Ashley Ramsay- aile
President
APPROVED BY: Village of Tequesta, FL
Signature-
Name/Title-
Page 42 of 524
Agenda Item #4.
PUBLIC RECORDS. |naccordance with Sec. ll9.O7O1,Florida Stotutes CONTRACTOR must keep
and maintain this Agreement and any other records associated therewith a,nd that are associated
with the performance of the work described in the Proposal or Bid. Upon request from the
Village's custodian of public records, CONTRACTOR must provide the Village with copies of
requested records, or allow such records to be inspected or copied, within a reasonable time /n
accordance with access and cost requirements of Chapter 119,, Florida Statutes. ACONTRA[TOR
who fails to provide the public records to the Village, or fails to make them available for
inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Sec I19.0701, Florida Statutes, and other penalties under Sec I19.10, Florida
Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in the Proposal
or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and
following completion of the Agreement if the CONTRACTOR does not transfer the records to the
Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to
the Village, all public records in possession of the CONTRACTOR' or keep and maintain public
records required bythe Village. If the CONTRACTOR transfers all public records to the Village
upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the Agreement, the
CONTRACTOR shall meet all applicable requirements for retaining public records. Records that
are stored electronically must be provided to the VILLAGE, upon request from the Village's
custodian of public records, in a format that is compatible with the Village's information
technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
1191, FLORIDA STATUTESP TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT,� PLEASE CONTACT THE VILLAGE CLERK,� RECORDS
CUSTODIAN FOR THE VILLAGE., AT (561) 7OR AT
Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE., TEQUESTA,, FLORIDA
334696
Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has
jurisdiction to investigate municipal matters, review and audit municipal contracts and other
transactions, and make reports and recommendations to municipal governing bodies based on
such audits, reviews, or investigations. All parties doing business with the Village shall fully
cooperate with the inspector general in the exercise of the inspector general's functions,
authority, and power. The inspector general has the power to take sworn statements, require
the production of records, and to audit, monitor investi�ate and inspect the ac��v/Ues of the
Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and
eradicate fraud, waste, rnisrnanegennen�misconduct, and abuses.
Page 43 of 524
Agenda Item #4.
"'The Village ofTequesta strives to be an inclusive environment. As such, it isthe ViUaoe's policy
to comply with the requirements of Title 11 of the American with Disabilities Act of 1990 ("ADA)')
by ensuring that the Contractors [ agreement /bid documents and specifications ] are accessible
to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written
statement indicating that all [ agreement /biddocuments and spec)Mcations],from Contractor,
including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format
that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the
Web Content Accessibility Guidelines 2.0 (Dec. ll, 2008) ("WCAG 2.0 Level AA"), published by
Page 44 of 524
Agenda Item #4.
E-Verify Affidavit
Bid/Proposal Number. -
Project Description: JAI,
N
In accordance with Section 448.095, F.S., Contractor acknowledges and agrees to utilize the U.S.
Department of Homeland Security's E-Verify System to verify the employment eligibility of
1. All persons employed by the Contractor to perform employment duties within Florida during
the term of the contract; and
2. All persons (including SUBCONTRACTORS) assigned by the Contractor to perform work
pursuant to the contract. The Contractor acknowledges and agrees that use of the U.S.
Department of Homeland Security's E-Verify System during the term of the contract is a
condition of the contract with the Village of Tequesta.
Contractor further agrees to retain sufficient evidence of their enrollment in the E-Verify System and
provide such evidence to the Village of Tequesta upon request. Sufficient evidence shall consist of a
printed copy of the completed E-Verify Company Profile page, obtained from httDs: vvrww.e-
verifv.gov.
Contractor also agrees to obtain from each of its subcontractors/subconsultants an affidavit stating that
the subcontractor/subconsultant does not employ, contract with, or subcontract with an Unauthorized
Alien, as that term is defined in Section 448.095(l)(k), F.S. Contractor further agrees to maintain a
copy of any such affidavit from a subcontractor/subconsultant for, at a minimum, the duration of the
subcontract and any extension thereof.
By affixing your signature below, you hereby affirm that you will comply with all E-Verify
requirements.
CrowderGulf Joint Venture, Inc.
Company name
Signature
Ashley Ramsay -Haile
Print Name
STATE OF F-J=GF4 ALABAMA
PAGH G06?4T-*, MOBILE COUNTY
01-0626019
Federal Employer Identification No.
May 16, 2022
Date
President
Title
Sworn and subscribed before me by means of Z physical presence or Qonline notarization on this 16 day
of May 20 22 by Ashley Ramsay -Name -1, who is personally known to me or has produced
�rl. as identification and who did/did not take an oath, in the state and county
tsymentioned abo e.
Notary Public (a f fli x ,-; e a 1)
My Commission Expires:
KERRIE A. NOLL
Notary Public, State of Alabama
Alabama State At Large
My Commission Expires
September 14, 2022
Page 45 of 524
,genda Item 94.---
SWA
W WkSTI AUTHORITY
YOUR PARTNER POR
SOLID WASTE SOLUTIONS
AGREEMENTFOR
HURRICANEIDISASTER DEBRIS REMOVAL, REDUCTION AND DISPOSAL
BETWEEN
SOLID WASTE AUTHORITY OF PALM BEACH U NT=Y
AND
CROWDERGULF JOINT VENTURE, INC.
AGREEMENT NO. 22-201B
SOL I D WASTE AUTHORITY OF PALM B EAC H COU NTY
1 NORTH JOG ROAD
EST PALm BEACH, FLORIDA 3341
(561) 640-4000
Agenda Item #4.
TABLE OF CONTENTS
1
Effective Date and Incorporation CfRecitals ......................................... 1
2.
Services k]be pefformed bvContractor ............................................... 1
3.
Compensation ...-------_---_-..-...--....-_.-.-1
4.
Insurance ................. ....................... .............. '.'--'''-'-^-2
5.
Standard of Care .... .................................... '-''''-^'^--''-3
6.
Indemnification -------............... ........ ...... ..........................
3
7.
Independent Contractor-- ............... ........... ..-....-......'3
8.
Authority to Conduct Business .......................... .''.'''''-''FA
-''4
9.
Compliance with Laws .............................. .......................................
4
10.
Gub'CUDhradOr---............................................. ......... .......'�
11-
Federal and State Taxes ........... ........ .................. ~~.....____4
12.
Avaiiabiiity OfFUn��......-.-.-..---.......~~.-.-..-�
13,
-'-'''-'-'''''^^^~~~'''''''''4
14.
Default .................-----.-.--......-.._.............4
15.
Termination for Convenience .................................. '''-'''^^^^~5
16,
Uncontrollable Forces ...... .............................................................
5
17.
Jurisdiction, Venue, Waiver o(Jury Trial and Remedies --........-5
is.
Commercial Non- Discrimination
19.
.............. .................................. .....................
......... 6
M.....................................-.-.-...-__..~_--O
21.
Entirety of Agreement and MDdificatioD...............................................
6
22.
Successors and Assigns .....-...--.._----'''''''''''6
23.
Contingent Fees .................................................................................
7
24.
Truth- in- ................
....... ........ 7
25.
Ownership of Documents ......................... .............. ...........................
7
26,
Public Records, Access and Audits ....--...._.-_
........
27.
Inspector General ---..........................................................
.-..3
28.
Notice ...-.-.-.-...-.-.-_---'.''-'-'-''''--9
29.
C o ntract Ad i n isbratiOD..........................................................
'''''^0
30.
Key Personnel -----------........................................
..-.1O
31.
Equal Business Opportunity Program ................. ... ........ ----..11
32,
SCrUdDized Co m p a n ies..........................11
33,
Agreements with other, Governmental Entities .....-.......~.-...~1
34.
Third Party Beneficiary Disclaimer .............................. ....... ..-.'--2
35,
_ Employment Eligibility -------_..............12
36.
Confidentiality ............. .-........-... ---........................... 12
37,
Payment Adjustment Schedule .......................................................... 12
38.
Order ofAgreement --'-'''''�
39,
Task ..--....----......... '--'''''''~14
40,
B0ndS------.......................................... ......... .,,~.,.---..14
41.
Florida Highway A]ministrat[oO Form 14
4Z
BovArne hCaReOQi rGments__---_..........-...-.---15
43,
Disadvantaged Business -----------..-.--'15
44.
Certification Regarding ' and Debarment ..-....---...15
45.
Access k)Records and Their Retention ......... ..................... ............ 16
46.
Audit ReOuhrements_---............................... .............................. 10
47.
National Environmental Policy Act (N EPA) - - - - - - .. - *. a * . , h w. &, a R A, & &a . E &E 5 4, . 0 16
Agreement NO 23-2018 'i'
2
48. Amedc@0s with Disabilities Act .......................................................... 16
49. Co mp I iance withTR leV1.Ti1leVUand Oth erFedena I
Laws and ----..—.---------------...16
50. Convict Labor Prohibition ................................................ ........... ...... l7
51. Certification Regarding Lobbying ActivftieG...................................... 17
52. OHSSeal, Logo, and Flags ................ ........................................... 17
53. No Obligation by Federal Government .................................... .......... 1/
54, Program Fraud and False orFraudulent Statement or
RelatedActs ....... ................ ............................................................. ~7
EXHIBITS
A` Scope CfWork .................................................................................. 1Q
ATTAC8MFNTS
Task Order Disaster Debris --------.—..--..39
Pre -Approved Temporary Debris Management Sites Map .................. 4O
PubUcAssist@DCe Program and Policy Guide ...................... .............. 41
Mobilization Schedule ........................................................................ 42
FHWAForm 1273............................................................ ................. 43
Buy America Requirements ............ .—............... ...........55
AGREEMENT FOR PROFESSIONAL SERVICES
EL
This Agreement is made and entered into as of L ZS , 2022, (hereinafter referred to
as the Agreement) by and between Solid Waste Authority of Palm Beach County, a dependent special
district created by Chapter 2001-331, Laws of Florida, as amended, (hereinafter referred to as AUTHORITY) and
CROWDERGULF JOINT VENTURE, INC. (hereinafter referred to as CONTRACTOR and when referred to collectively
with AUTHOR I TY , the Parties) , a Corporation, whose Federal Employer .1 D Number is 01-0 1
Whereas, in accordance with the AUTHORITY's Request for Proposals No. 22-201 /DL solicited to employ the services
of the CONTRACTOR for the purpose of providing Hunicane/Disaster Debris Removal, Reduction and Disposal, and;
Whereas, CONTRACTOR represents it is qualified, capable and prepared to provide such services.
Now, therefore, in consideration of the promises contained herein and other good and valuable consideration, the
receipt of which is acknowledged by the other, the parties hereto agree as follows,
ARTICLE 1 - EFFECTIVE DATE AND INCORPORATION OF RECITALS
The foregoing recitals are hereby incorporated herein by reference.
1.1 The Effective Date of this Agreement shall be May 8, 2022 and the Initial Term of this Agreement is for three
(3) years and shall expire on May 7, 2025, unless terminated earlier as provided for herein.
1.2 The AUTHORITY shall have the option of extending this Agreement for three (3) additional years, as approved
by the AUTHORITY's Board or designee, in its sole and unfettered discretion, on the same terms and
conditions. Such extension shall be in the form of a written Amendment to the Agreement executed by both
Parties.
1.3 The continuance of this Agreement from year-to-year is contingent upon successful annual recertification of
the CONTRACTOR's capabilities. The recertification process will be a review of the fiscal (bankruptcy, etc.),
logistical (equipment availability, etc.), and moral (conviction for environmental crime, conviction for crime
against a public entity, etc.) responsibility of the CONTRACTOR and a determination by the AUTHORITY,
based on this review, of whether or not the CONTRACTOR continues to be a viable firm to provide the services
described in this Agreement.
ARTICLE 2 - SERVICES TO BE PERFORMED BY CONTRACTOR
CONTRACTOR shall perform the services as specifically stated in the Scope of VVork,, attached hereto and made a
part hereof as Exhiblt A, and/or as may be specifically designated and authorized by the AUTHORITY. Such
authorizations will be referred to as Task Orders. Each Task Order shall set forth a specific scope of services,
rate/amount of compensation, completion date,, and other pertinent details of the task being authorized. The
AUTHORITY, by virtue of this Agreement, gives the CONTRACTOR no guarantee of any work/services or any specific
amount of work/services that may be accomplished during the period this Agreement is in full force and effect -
ARTICLE 3 - COMPENSATION
3.1 The AUTHORITY shall pay CONTRACTOR in accordance wfth the Fee Schedule, attached hereto and made
a part hereof as.Exhibit B. In addition, the Parties may negotiate a lump sum or not -to -exceed amount on a
per -project basis on an individual Task Order.
3.2 The CONTRACTOR shall submit semi-monthly invoices for services rendered. All invoices must reference
Agreement No. 22-201 B
Page 49 of 52z
Agenda Item #4.
the Task Order number. Invoices shall include a statement of progress and appropriate audit quality detail to
satisfy the Federal Emergency Management Agency (FEMAj requirements.
3.3 Payment of CONTRACTOR by AUTHORITY is not contingent upon the AUTHORITY being reimbirsed by
the Federal Emergency Management Agency (FERIA). Payment to CONTRACTOR will be made for any work
directed by the AUTHORITY which is determined by Federal and State agencies to be ineligible for
reimbursement.
3.4 Payment of invoices shall be within thirty (30) days after receipt of a correct, fully documented invoice. All
invoices shall be delivered to:
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm each, Florida 33412
Attn,. Accounts Payable
3.5 CONTRACTOR will clearly mark its finaVlast billing with the words "Final Invoice", This will certify that all
services have been fully performed under this Agreement and that all charges and costs have been invoiced
to the AUTHORITY. Thereupon, this account will be closed and any additional charges or costs, not included
in the Final Invoice, shall be waived by CONTRACTOR. The AUTHORITY shall not be liable for the payment
of any such additional charges or costs not included in the Final Invoice,
3.6 The AUTHORITY will retain 5% of the payment under each Task Order until such time as the entire project is
completed to the AUTHORITY's satisfaction and all subcontimcfor s and any material suppliers verify that they
have been paid.
ARTICLE 4 - INSURANCE
41 During the performance of the Services under this Agreement, CONTRACTOR shall maintain the following
insurance, policies wriften by an insurance company authorized to do business in Florida and acceptable to
the AUTHORITY.
1 General Liability Insurance with bodily injury limits of not less than $1,000,000 for each
occurrence, and with property damage limits of not less, than $1,000,000 for each occurrence.
2. Automobile Liability Insurance with bodily injury limits of not less than $5,000,000 for each
person and not less than $5,000,000 for each accident and with property damage limits of not
less than $5,000,000 for each accident.
3, Workers' Compensation Insurance in accordance with statutory requirements and Employees
Liability Insurance with limits of not less than $500,000 for each accident, $500,000 for each
disease, and $500,000 aggregate.
4. Excess Liabilfty Insurance with limits of not less than $10,000,000 for each occurrence and
annual aggregate.
4.2 Ded uctible amounts shall not exceed 5% of the total amou I of requ i red i nsu rance in each category. Shou Id
any policy contain any unusual exclusions, said exclusions shall be so indicated on the certificate(s) of
insurance.
4.3 CONTRACTOR shall furnish AUTHORITY Certificates of Insurance, which shall 'include a provision that
policy cancellation, non -renewal or reduction of coverage will not be effective until at least thirty (30) days
after written notice has been given to the AUTHORITY. CONTRACTOR shall include AUTHORITY as an
Additional Insured on the General Liability and Automobile Liability insurance policy required by this
Agreement No. 22-201 B - 2-
Agenda Item #4.
Agreement. All of CONTRACTOR'S subcontractors shall be required to include AUTHORITY and
CONTRACTOR as Additional insureds on all of their liability insurance policies.
4.4 CONTRACTOR shall ensure that CONTRACTOR's naming of the AUTHORITY as an additional insured on
its General Liability and Automobile Liability insurance policies pursuant to this Agreement shall afford
coverage for the negligent, reckless, intentionally wrongful or willful acts of CONTRACTOR and other persons
employed or utilized by the CONTRACTOR in the performance of this Agreement.
4.5 in the event that subcontractors used by the CONTRACTOR do not have insurance, or do not meet the
required insurance limits herein, CONTRACTOR shall indemnify and hold harmless the AUTHORITYfor any
clai-m(s) in excess of the subcontractor's insurance coverage.
4,6 The CONTRACTOR shall not commence work under this Agreement until all insurance required as stated
herein has been obtained and such insurance has been approved by the AUTHORITY.
ARTICLE 5 - STANDARD OF CARE
5.1 The CONTRACTOR shall exercise the same degree of care, skill, and diligence in the performance of the
Services performed pursuant to this Agreement as is ordinarily provided by comparable, qualified
professionals under similar circumstances. The CONTRACTOR shall, at no additional cost to AUTHORITY,
re -perform serv'M which fail to safisfy the foregoing standard of care.
5.2 The CONTRACTOR warrants that all services shall be performed by skilled and competent personnel to the
hihest professional stand in the field.
ARTICLE 6 - INDEMNIFICATION
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the performance of the services and
in consideration of the promises included herein, AUTHORITY and CONTRACTOR agree to allocate such
liabilities in accordance with this Article 6.
6.2 INDEMNIFICATION
The CONTRACTOR shall indemnify and hold harmless the AUTHORITY, and its officers and employees,
from all liabilRies, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and
other persons employed or utilized by the CONTRACTOR in the performance of the Agreement.
6.3 SURVIVAL
Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of
termination of this Agreement for any reason, the terms and conditions of this Article shall survive.
ARTICLE 7 - INDEPENDENT CONTRACTOR
71 The CONTRACTOR is, and shall be, in the performance of all work services and activities performed under
this Agreement, an Independent Contractor, and not an empbyee, agent, or servant of the AUTHORITY, All
persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and
in all places, be subject to the CONTRACTOR'S sole direction, supervision, and control. The CONTRACTOR
shall exercise control over the means and manner in which it and its employees perform the work, and in all
respects the CONTRACTOR'S relationship and the relationship of its employees to the AUTHORITY shall be
that of an Independent Contractor and not as employees or agents of the AUTHORITY.
Agreement No. 22-2018 -3-
1--%
rage 5f
Benda Item #4.
7,2 The CONTRACTOR does not have the power or authority to bind the AUTHORITY in any promise, agreement
or representation other than specifically provided for in this Agreement.
ARTICLE 8 - AUTHORITY TO CONDUCT BUSINESS
The CONTRACTOR hereby represents and warrants that it has and 0411 continue to maintain all licenses and approvals
re q u i red to coed uct its bu si ness a n d perform all req u i re m e rats i n this Agreement
ARTICLE 9 - COMPLIANCE WITH LAWS
In performance of the Services, the CONTRACTOR will comply with applicable regulatory requirements including
federal, state, special district, and local laws, rules,, regulations, orders, codes, criteria, and standards.
ARTICLE 10 - SUB -CONTRACTING
10.1 T he A U T H 0 R I TY rese rues the rig h t, i n its sol e a nd u nfette red d is ration, to accept the use of a s u bco ntractor
or to reject t h e selection of a part icu la r subcontractor under this Ag reement.
10.2 If a subcontractor fails to perform or make progress., as required by this Agreement, and it is necessary to
replace the subcontractor to complete the work in a timely fashion, the CONTRACTOR shall promptly do so,
subject to acceptance of the new subcontractor by the AUTHORITY.
ARTICLE I I - FEDERAL AND STATE TAXES
The AUTHORITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, the AUTHORITY will
provide an exemption certificate to CONTRACTOR. The CONTRACTOR shall not be exempted from paying sales tax
to Is suppliers for materials to fulfill contractual obligations with the AUTHORITY, nor shall the CONTRACTOR be
authorized to use the AUTHORITY'S Tax Exemption Number in securing such materials,
ARTICLE 12 - AVAILABILITY OF FUNDS
The obligations of the AUTHORITY under this Agreement are subject to the availability of funds lawfully appropriated
for its purpose by the Board of the Solid Waste Authorhy of Palm Beach County.
ARTICLE 13 - AUTHORITY'S RESPONSIBILITIES
AUTHORITY shall be responsible for providing access to all project sites, and providing information on hand required
by CONTRACTOR, including existing reports, studies, financial information, and other required data that are available
in the filesof the AUTHORITY.
ARTICLE 14 - DEFAULT
14.1 The AUTHORITY may, by written notice of default to the CONTRACTOR, terminate the Agreement in whole
or in part if the CONTRACTOR: a) fails to satisfaction ly perform any provisions of this Agreement; or b) fails
to make progress so as to endanger performance under the terms and conditions of this Agreement; or c)
repeated lfails to perform; or d) do -es not remedy any such failure within a period of ten (10) days (or such
period as the Director of Purchasing Services may authorize in writing) after receipt of notice from the Director
of Purchasing Services specifying such failure, In the event the AUTHORITY terminates this Agreement in
whole or in part because of default of the CONTRACTOR, the AUTHORITY may, in its sole and unfettered
discretion, procure goods and/or services similar to those required under this Agreement and the
CONTRACTOR shall be liable for any excess costs incurred due to this action.
14.2 If it is determined that the CONTRACTOR was not in defau It or that the default was excusable (e.g., failure
Agreement No. 22-2019 -4-
Benda Item #4.
due to causes beyond the control of, or without the fault or negligence of the CONTRACTOR), the fights and
obligations of the parties shall be those provided in Article 15 — Termination for Convenience,
ARTICLE 15 — TERMINATION FOR CONVENIENCE
15.1 The Director of Purchasing Services may, whenever the interests of the AUTHORITY so require, terminate
this Agreement, in whole or in part, for the convenience of the AUTHORITY. The Director of Purchasing
I
Services shall give five (5) business days prior ior written Notice of Termination to the CONTRACTOR, specifying
the portions of the Agreement to be terminated and when the termination is to become effective. If only
portions of the Agreement are terminated, the CONTRACTOR has the right to withdraw, without adverse
action by the AUTHORITY, from the entire Agreement,
15.2 Unless directed differently in the Notice of Termination, the CONTRACTOR shall incur no further obligations
in connection with the terminated work and shall stop work to the extent specified on the date given in the
Notice of Termination. Add iti o n a I I y, u n less d i rected differently, the C ON T RA C TO R shall terminate outsta nd i ng
orders andior subcontracts related to the terminated work.
15.3 Unless the CONTRACTOR is in breach of this Agreement, the CONTRACTOR shall be paid for services
rendered to the AUTHORITY'S satisfaction through the date of termination specified in the Notice of
Termination.
ARTICLE 16 - UNCONTROLLABLE FORCES
16.1 Neither the AUTHORITY nor CONTRACTOR shall be considered to be in default of this Agreement if delays
in or failure of performance shall be due to Uncontrollable Forces., the effect of which, by the exercise of
reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean
any event which results in the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not
limited to fire, flood, earthquakes, storms, lightning, epidemic, pandemic, war, riot, civil disturbance, sabotage,
and governmental actions.
16.2 Neither party shall, however, be excused from performance if nonperformance is due to forces which are
preventable, removable, or remediable and which the nonperfTming party could have, with the exercise of
reasonable diligence, prevented, removed or remedied with reasonable dispatch. The non -performing party
shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force,
give wMen notice to the other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement,
ARTICLE 17 — JURISDICTION, VENUE, WAIVER OF JURY TRIAL AND REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the
Agreement shall be in a State court of competent jurisdiction located exclusively in Farm Beach County. With the
exception of the choice of law and venue provisions contained herein, no remedy conferred upon any party is intended
to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at law or in equfty. No single or partial failure by any
party to exercise any tht, power, or remedy hereunder, shall preclude that party from exercising that right, power or
remed yin the future. THE AUTHORITY AN D CONSULTANT FREE LY AN D VOLU NTARI LY AGREE TO WAIVE ITS
RESPECTIVE RIGHT TO A JURY TRIAL ON ANY ISSUE(S) SO TRIABLEO
ARTICLE 18 - COMMERC IIAL NON -DI RIMl NATION POLICY
As a condition of entedng into this Agreement, the CONTRACTOR represents and warrants that 4 will comply with the
AUTHORITY's Commercial Non -Discrimination Policy, as described in Section 6.3 of the AUTHORITY' s Purchasing
Agreement No. 22-201 B -5-
Agenda Item #4.
1
Manual, including subsequent amendments thereto, if any. As part of such compliance, the CONTRACTOR shall not
discriminate on the basis of race, color, religion, ancestry or national origin, gender, age, marital status, familial status,
sexual orientation, gender identity or expressiont disability, or genetic information in the solicitation, selection, hiring or
commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the CONTRACTOR
retaliate against any person for reporting instances of such discrimination. The CONTRACTOR shall provide equal
opportunity for subcontractors, vendors and suppliers to participate in all of its public sector and private sector
subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise
lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the
AUTHORITY's relevant marketplace in Palm Beach County, The CONTRACTOR understands and agrees that a
material violation of this clause shall be considered a materiai breach of this Agreement and may result in termination
of this Agreement, disqualification or debarment of the CONTRACTOR from participating in AUTHORITY contracts, or
other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.
The CONTRACTOR agrees and understands that the provisions of Section 6.3 of the AUTHORITY:s Purchasing
Manual are incorporated herein by reference and that the CONTRACTOR is familiar with the contents of same.
ARTICLE 19 - WAIVER
A waiver by either AUTHORITY or CONTRACTOR of any breach of this Agreement shall not be binding upon the
waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving
party's rights with respect to any other or further or subsequent breach. The making or acceptance of a payment by
either party with knowledge of the existence of a default or breach shail not operate or be construed to operate as a
waiver of any further or subsequent default or breach.
ARTICLE 20 - SEVERABILITY
201 The inva I id ity, illegality, or unenforceab i I it of any provision of this Agreement, or the occurrence of any event
rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability
of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the
Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to reform the Agreement
to replace any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
20.2 The provisions of this section shall not prevent the entire Agreement from being void if a provision which is of
the essence of the Agreement is determined to be void,.
The AUTHORITY and the CONTRACTOR agree that this Agreement, including Exhibits and Attachments, and any
matters incorporated by specific reference set forth the entire agreement between the parties, and that there are no
promises or understandings other than those stated herein. This Agreement supersedes all prior agreements,
contracts, proposals, representations, negotiations, letters or other communications between the AUTHORITY and
CONTRACTOR pertaining to the services, whether written or oral. None of the provisions or terms and conditions
contained in this Agreement may be added to, amended, modified, superseded or otherwise altered except by wdflen
instrument executed by the parties thereto.
ARTICLE 22 - SUCCESSORS AND ASSIGNS
AUTHORITY and CONTRACTOR each binds itself and its partners, successors, executors, administrators, assigns
and legal representatives to the other party and its partners, successors, executors, administrators, assigns and legal
representative. CONTRACTOR shall not assign this Agreement without the prior express written approval of the
AUTHORITY in its sole discretion via executed amendment.
Agreement No. 22-201 B - 6-
L
agenda Item #4.
ARTICLE 23 - CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retalned any company or person, other than a bona fide
employee working solely for the CONTRACTOR to solid K or secure this Agreement and that it has not paid or agreed
to pay any person, company, corporation individual or firm, other than a bona fide employee working solely for the
CONTRACTOR, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from
the award or making of this Agreement.
ARTICLE 24 - TRUTH -IN -NE OTIATION CERTIFICATE
24.1 Execution of this Agreement by the CONTRACTOR shall act as the execLdion of a truth-in-neg-otiation
certificate certifying that the wage rates and costs used to determine the compensation provided for in this
Agreement are accurate, complete, a n d c u rrent as of t h e Effective Date of the Ag re-e me n t.
241 The said rates and costs shall be adjusted to exclude any significant sums should the AUTHORITY determine
that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to
inaccurate representations of fees paid to outside consultants. The AUTHORITY shall exercise its rights
under this 'Cert 1ficate 11 within one (1) year following payment.
ARTICLE 25 - OWNERSHIP OF DOCUMENTS
CONTRACTOR shall be required to cooperate wfth other consultants relative to providing information requested in a
timely manner and in the specified form. Any and all documents, records, disks, on'ginal drawings, or other information
shall become the property of the AUTHORITY for its use and/or distribution as may be deemed appropriate by the
AUTHORITY in its sole and unfettered discretion.
ARTICLE 26 - PUBLIC RECORDS, ACCESS AND AUDITS
26.1 It is the intent of this Article to maintain compliance with the F lorida Pu blic Records Law, Ch. 119, Florid a
Statutes, as amended.
26.2 DESIGNATED RECORDS CUSTODIAN CONTACT INFORMATION:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 779, FLORIDA STATUTES, THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
RECORDS MANAGER
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
7501 NORTH JOG ROAD
WEST PALM BEACH, FL 33412
561.640-4000 EXT.4606
RECORDSCUSTODIANna SWA.ORG
263 The CONTRACTOR shall maintain records related to all charges, expenses, and costs incurred in
estimating and performing the work, in accordance with the timeframes and classifications for records
retention as per the General Records Schedule GSI-SL for State and Local Government Agencies (see:
https://dos.myflorida.com/I1brary-archives/records-mana,gemenVqenerarecords-schedules/) after completion or
termination of this Contract. Upon AUTHORITYrequest, CONTRACTOR shall provide AUTHORITY with
access to such records during normal business hours al a location within Palm Beach County for purposes of
Agreement No. 22-201 B -7-
Benda Item #4.
inspection or audit.
26.4 Notwithstanding anything herein to the contrary, the CONTRACTOR expressly acknowledges that. i) it is
providing a specific service to the AUTHORITY in t h e performance of this Contract; i i) acting on behalf of the
AUTHORITY in the performance of this Contract; iiii) that i1 has read and is familiar with the Flon'da Public
Re -cords Law, Ch. 119, Florida Statutes, as amended, and both understand fts responsibility and obligation to
co m p I y with th, is law; a rid iv) to the exte nt any q uestio n (s) arise re g a rd i ng its d uties to produce p u b I is records
it shall contact the Records Manager with same.
26.5 Any public records requests directed to, or related in any way to this contract shall be directed solely to the
Records Manager. If the requested records are not in the possession of the Records Manager, they shall
immediately notify the CONTRACTOR and the CONTRACTOR must provide the records or allow access to
the records within a reasonable time. A CONTRACTOR who fails to provide the records to the public agency
within a reasonable time may be subject to penalties under Florida Statutes (F.) § 119. 10, and § 119.10(2)
provides that a person who willfully and knowingly violates the Public Records Act commits a misdemeanor
of the first deg ree, which is punishable by up to a year in Jail a nd a fine not to exceed $ 1,000.
26.6 Therefore, the CONTRACTOR is required to-
1) Keep and maintain public records that ordinarily and necessarily would be required by the AUTHORITY
1-n order to perform the service;
2) Upon AUTHORI TY's request from the AU TH OR ITY's Records Manager; provide t h e AUTHORITY with
a copy of the requested records to allow the records to be inspected or copied within a reasonable time
on the same terms and conditions that the AUTHORITY would provide the records at a cost that does
not exceed the cost provided by Florida law;
3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the Agreement term
and following the completion of the Agreement if the CONTRACTOR does not transfer the records to
the AUTHORITY; and
4) Upon col prietion of the Agreement, transfer at no cost to the AUTHORITY, all public records in
possession of the CONTRACTOR or keep and maintain public records to the AUTHORITY upon
completion or termination of the Agreermnt; the CONTRACTOR shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the CONTRACTOR keeps and maintains public records upon completion of the
Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the AUTHORITY, upon request
fronn the AUTHORITY's Records Manager, either during performance of the Agreement or after
termination or completion of the .Agreement in a format that is compatible with the information
technology systems of the AUTHORITY,
267 Failure of the CONTRACTOR to comply with these requirements shall be a material breach of
this Contract..
26,8 CONTRACTOR shall maintain financial and program records to justify all charges and costs incurred
in performing the work for at least three (3) years following final payment by the AUTHORITY as
Federal Eme rge ncy M an ageme n t Agency (F E MA) sub -grantee as req u ired by 2 C FR 200,333, The
I
AUTHORITY shall have access to such books, records, and documents as requi - red in this section
for the purpose of inspection: or audit.
Ag reeme nt No. 2 2- 2 01 B -8-
Benda Item #4.
26.9 In the event records retention requirements in Florida Statutes Chapter 119 and 257 exceed those
of FEMA, the records shall be retained to comply with the State of Florida requirements,
ARTICLE 27 - INSPECTOR GENERAL
Palm Beach County has established the Office of the Inspector General (01G), Ordinance No. 2009-049 which is
authorized and empowered to review past, present and proposed county contracts, transactions, accounts and records.
The AUTHORITY has entered into an Interlocal Agreement (ILA) for Inspector General Services. This agreement
provides for the Inspector General to provide services to the AUTHORITY in accordance with the authority, functions
and power's set out in the Palm Beach County Office of Inspector General Ordinance. All parties doing business with
the AUTHORITY and receiving AUTHORITY funds shall fully cooperate with the Inspector General includ ing providing
access to records relating to this agreement. The Inspector General has the power to subpoena Wftnesses, administer
oaths, require the production of records, and audft, investi1gate, monitor, and inspect the activities of the
CONTRACTOR, its officers, agents, employees, and lobbyists in order to ensure compliance with contract
specifications and detect corruption and fraud. Failure to cooperate with the Inspector General or interference or
impeding any investigation shall be in violation of Ordinance 2009-049, and punished pursuant to Section 125.69,
Florida Statutes, in the same manner as a second-degree misdemeanor.
ARTICLE 28 - NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in
person or sent by certified mail, postage prepaid as follows:
AS TO AUTHORITY
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, Florida 33412
Attention, Executive Director
Office No-: 561-640-400,0, Fax No.: 561-640-3400
AS TO CONTRACTOR
CrowderGulf Joint Venture, Inc.
5629 Commerce Boulevard
East Mobile, AL. 36619
Attentiom Ashley Ramsay-Nalle, President
Office No.: 646-872-1548 Fax No.: 251-459-7433 E-Mail. irarnsay§crowdergulf.com
Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to
which such notice is to be directed may be made from time to time by efther party by written notice to the other party'.
Facsimile transmission is acceptable notice effective when received, however, facsimile transmissions received (i,e.;
printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original
of the notice must additionally be mailed as required herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine communications between
representatives of CONTRACTOR and AUTHORITY.
Agreement No. 22-201 B -9-
genda Item #4.
ARTICLE 29 - CONTRACT ADMINISTRATION
Services of CONTRACTOR shall be under the general direction of the Chief Operations Officer, or designee, who
shall act as the AUTHORITY'S representative during the term of the Agreement.
ARTICLE 30 - KEY PERSONNEL
CONTRACTOR shall notify AUTHORITY in the event of key personnel changes which might affect this Agreem.nt,
Notification shall be made within ten (10) days of said changes. AUTHORITY has the rht to rejW any proposed
changes in key personnel. The follow'ing personnel shall be considered key personnel:
Nick Pratt — Director of Field Operations
Cell No.: 251-402-5566 E-Mail: nDratt,cEowdegulf.com
John Campbell — Regional Director - East
Cell No.. 859-963-8672 E-Mail: 1caMpbellAcrowdergulfcom
Buddy Young —Regional Director- West
Cell No.: 940-597-4252 E-Mail: byounq@crowdergulf.com
Don Madio — Regional Manager- FL
Cell No,-. 813-285-8749 E-Mail- dmadio@crowderclulf.com
Reid Loper — Vice PresidentISenior Project Manager
Cell No.: 678-477-3755 E-Mail: riopgr@crowdergulf.com
Wesley Naile — Contracts Manager
Cell No.: 251-533-5585 E-Mail: wnaile(@crowderquIf -corn
Margaret Wright— Documentation Director/PHD
Cell No.: 251-604-6346 E-Mail: mwright@crowder-gulf.com
Leigh Anne Ryal s — Emergency Management & Quality Control Specialist
Cell No.: 1-7 1-0 E-Mail: Iryals@cro-wdergulf.com
Jeff Zemlick — Safety Manager
Cell No.: 251-509-9422 E-Mail: j emlio crow deM ulf. or
Wilber Ledet — Senior Project Manager
Cell No.: 228-326-5915 E-Dail: wledet@crowdergulf.com
Matt Lucas — Senior Project Manager — East Coast
Cell No.: 609-731-2858 E-Mailp mlucas@crowder-gulf.com
Andrew Sprinkle — Project Manager
Cell No.: 251-423-1100 E-Mail: atsprinkleacrowder qulf.com
Howard Turner — Project Manager — East Coast
Cell No.: 804-814-6197 E-Mail: hturnerftcrow dergulftorn
Isam Bdsco — Project Mbnager
Cell No.: 512-373-0586 E-Mail: ibrisco Dcrcwder_qulfccm
Agreement No. 22-201 B -10.
Agenda Item #4.
Joe Hayes — Project Manager
Cell No.: 561315-1360 E-Mail, a es __crowder_gulf.00r
Lew Najor— Project Manager
Cell No.- 850-393-9985 E-Mail. Ina'or@crc)wderquV.com
Barton Holmes— Project Manager
Cell No., 864-go 6-1671 E-Mail- bartonftSrowde[gulf.core
ARTICLE 31 — EQUAL BUSINESS OPPORTUNITY PROGRAM:
The Governing Board of the AUTHORITY has implemented the Economic Inclusion Po4cy administered by the Equal
Easiness Op portu n fty (E B 0) Frog rem Off ice to ensure that a I I se g merits of its business po P U lation, i n c I u d i n g, but not
limited to local, small, minority, and women -owned businesses, have an equkable opportunity to participate in the
AUTHORITY'S procurement process, in accordance with Section 6.1 through 6.4 of the Purchasing Manual. Program
tools and solicitation incentives are hereby referred to as the Affi r m ativ e P roc u re m e nt I n Riatives (AP1) .
31.1 Aff i r m at i've Pro u re me n t I n if at'l v e (AP 11):
The AUTHO. -R ITY h as NOT appl lied an Affirmative Procu rement I nifiative to this Ag reement.
ARTICLE 32 - SCRUTINIZED COMPANIES
32.1 As provided in F.S. 287.1351 by entering into this Agreement or perkwing any work in furtherance hereof, the
CONTRACTOR oertifies that it, its affiliates, suppliers, subcontractors and consuftants who will perform hereunder,
have not been p laced o n the Scrut in ized Co mpa n lies With Activ ities i n Sud an List or Scrut 1 n li ed Corn pan ies W ith
Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473, or is engaged in business
operations in Cuba or Syria.
If the A U TH 0 R I TY determines, using credible information available to the public, that a false cert kation has been
su bm itted by GO NT RACT OR, this Agreement may be termi rated and a civil pe n aky equal to the greater of $2
million or twice the amount of this Agreement shall be imposed, pursuant to F.S. 287.135. Said certification must
also be submtted at the time of renewal of this Agreement.
32'.2 As provided in F.S. 287.135, by entering into this Agreement or performing any work in furtherance hereof, this
Agreement certifies that it, fts affiliates, suppliers, subcontractors, and consultants who will perform hereunder,
have not bee n p laced o n the Scrutinized Compan lies that Boycott Israe I List, o r is en g aged in a boyoott of 'I srael,
pursuant to F. S . 21 5A 7 25.
If the AU T H OR I TY d ete rrn ines , using c red i b le information available to the public, that a false certification has been
su bmftted by CONTRACTOR, this may be terminated and a civil penal' eq u a I to the greater of $2 million or twice
the amount of this shall be imposed, pursuant to F.S. 287.135. Said certkatk)n must also be submfted at the
time of renewal of this Agreement.
ARTICLE 33 - AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES
33.1 The CONTRACTOR agrees that this Agreement constitutes an offer to all State and local government
agencies of the State of Florida under the same terms and conditions, for the same prices and for the same
effective period as specified in this Agreement should the CONTRACTOR deem it in the best interest of their
business to do so.
33,2 The Agreement in no way restricts or interferes with any State or local government agencies of the State of
Florida from re -solicitation.
Agreement No. 22-2019
Benda Item #4.
ARTICLE 34 — THIRD PARTY BENEFICIARY DISCLAIMER
It is not the intention of these documents to create third party beneficiary status in any person or entity that is not a
direct party to this Agreement, and no language in this Agreement should be construed or interpreted as creating a
third party beneficiary,
ARTICLE 35 — E-VERIFY — EMPLOYMENT ELIGIBILITY
35.1 The CONTRACTOR certifies, warrants and represents that A is in compliance with Section 448-095, Florida
Statutes, as may be amended and that CONTRACTOR shall: (1) register with and use the E-Verify System
(E-V er . ov) to electronically verify the employment eligibility of all newly hired workers; and (2) has verified
that all of the CONTRACTOR'S subcontractors performing the duties and obligations of this Agreement are
re g istered with a n d use the E-Verify System to electronically verify the employment eligibility of a I I newly hired
workers. C 0 N T RA C T OR shall obtain fro m e ach of its subcontractors an affidavit stating that the s u b,co ntracto r
does not employ, contract m4th, or subcontract with an Unauthorized Alien, as. that term is defined in Section
448.095(1)(k), Florida Statutes, as may be amended. CONTRACTOR shall maintain a copy of any such
affidavit from a subcontractor for, at a minimum, the duration of the subcontract and any extension thereof.
This provision shall not supersede any provision of this Agreement which requires a longer retention period,
W2 AUTHORITY shall terminate this Agreement if it has a good fab belief that CONTRACTOR has knowingly
violated Section 448.09(l), Florida Statutes, as may be amended. If AUTHORITY has a good faith belief that
one of CONTRACTOR'S subcontractor(s) has knowingly violated Section 448.09(1), Florida Statutes, as may
be amended, AUTHORITY shall notify CONTRACTOR to terminate As contract with the subcontractor and
CONTRACTOR shall immediately terminate its contract with the subcontractor. If AUTHORITY terminates
this Agreement pursuant to the above, CONTRACTOR shall be barred from being awarded a future contract
by AUTHORITY for a period of one (1) year from the date on which the Agreement was terminated. In the
event of such contract termination, CONTRACTOR shall also be liable for any additional costs incurred by
AUTHORITY as a resuft of the termination.
ARTICLE, 36 — CONFIDENTIALITY
No reports, information, computer programs, documentation, and,/or data given to, or prepared or assembled by the
CONTRACTOR under this Agreement shall be made available to any Individual or organization by the CONTRACTOR
without prior written approval of the AUTHOR I TY.
ARTICLE 37 — PAYMENT ADJUSTMENT SCHEDULE
37.1 The AUTHORITY acknowledges the fluctuating nature of prices.
37,2 Annual Non -Fuel: The Non -Fuel Adjustment shall be applied to those rates subject to adjustment and as
provided within this Agreement. For the purpDse of this Agreement, the Non -Fuel component is assumed to
represent 90% of the CONTRACTOR's costs. Therefore, 90% of the approved rates shall be so adjustedp
The rates shall be adjusted as follows:
The rates shall be adjusted annually, commencing on the first anniversary date, by the change in the Water
and Sewer and Trash Collection Services Index, Series ID CUSROOOOSEHG, as published by the United
States Department of Labor, Bureau of Labor Statistics Owww. bI ). The change in the index shall be
calculated by dividing the average of the index over the twelve-month period ending the December preceding
the effective date of the adjustment (January - December 2022) by the average of the index over the twelve-
month period from January 2021 through December 2021. The first Annual Non -Fuel adjustment shall be
effective May 7, 2023 to May 6, 2024.
Agreement No,, 22-201 B - 12-
Agenda Item #4.
For example.
For the Contract year beginning May 7, 2023, the average of the index over the twelve-month period from
January, 2022 through December 2022 shall be divided by the average of the index over the twelve-month
period from Ja nu r 0 2 1 through D ece m ber 2 0 2 1, multiplying t h e res u It by ninety (90) percent of the contract
or AUTHORITY established price, and subtracting ninety (g) percent of the contract or AUTHORITY
established price.
The surcharge/credit shall be rounded to the nearest cent.
Formula:
Most Recent Year Average / Prior Year Average x .90 x Rate — (90 x Rate) =Annual Adjustment
Calendar'.
Annual Payment Adjustment Calendar
April April
')l
2 Or_%� 2024
Extension Clause Annual Pament Adiustment Schedule
April
April
April
2025
2026
2027
373 Activation Fuel Adjustment (Fuel SurchargeVedit)
The rates subject to adjustment shall be subjectto a fuel price surcharge/credit for fluctuations in the price of
fuel. For the purpose of this Agreement, fuel is assumed to represent 10% of the Contractor's costs therefore
10% of the approved rates shall be so adjusted. Fuel adjustment shall be calculated and effective upon
4
a(;tivation'
The rates shall be adjusted as follows:
For the rates subject to adjustment, a fuel surcharge/credit shail be charged�credited basis based on the
percentage change in the average price of fuel as published by the it Price Information Service .(OPI,S) and
measu red by the OP I S Standard Rack, OFBI S No. 2 Distillate Gross Prices, U nbranded Average for Miami,
Florida between the month of January 2022 (Base) and the most recent month available upon activation.
Fuel Adjustment does not use a floor or ceiling and provides adjustments in either direction without limit.
The surcharge/credit shall be rounded to the nearest cent.
Formula,
Most recent OP I S (at activation} / 8 ase x . 10 x Rate - {.10 x Rate) - F ue I Adjustment afar d u rati o n of activation)
Lft.
For exampoe.
Should activation occur October 2023, the fuel surcharge/credit shall be calculated by dividing the reported
unbranded average p6ce for September 2023 by the Base (unbranded average price for January 2022),
multiplying the result by ten (1) percent of the contract or Authority established price, and subtracting ten
(10) percent of the contract or Authority established price.
Agreement No. 22-2016 - 13-
1 of
Benda Item #4.
37,E In the evert that either of these indices is no longer available, the parties shall mutually agree to a replacement
index. The value of the adjustment will be determined by the AUTHORITY.
ARTICLE 38 — !ORDER of AGREEMENT ACTIVATIONILOCATION ASSIGNMENT
The CONTRACTOR has entered into a contingent A ment with the AUTHORITY for Hurricane/Disaster Debris
Removal, Reducfion, and Disposal. The Agreement awarded will t o activated on an as -needed basis as solely
determined by the AUTHORITY. The AUTHORITY may activate, assign/reassign any or all CONTRACTORS at any
time as may be deemed appropriate depending upon the circomstance s , the event, or any other condition which may
warrant such action as it determines in its sole and unfettered discretion.
A TI C LE 39 —TASK ORDER/PERFORMANCE
Task Orders shall be executed bilaterally' and the scope of services and format of Task Orders shall be mutually agreed
to by the CONTRACTOR and AUTHORITY. Performance will be measured by the metrics established in each Task
Order. After 1/3 and main after of the stipulated number of days of work in the Task Order have elapsed, the
CONTRACTOR(S)shall provide a wriften progress report to the AUTHORITY for review and acceptance. The
AUTHORITY shall have the right to correct for CONTRACTOR default or underperformance by any means it deems in
its best interest. CONTRACTOR TO will be required to provide a daily report of quantity of work performed under each
Task Order, The daily report shall be submitted by 11 too a.m. or earlier the following morning.
ARTICLE 40 — BOND
CONTRACTOR shall maintain a Proposal Bond in the sum of $500,000, The NTRA T 's Proposal Bond will be
returned to the CONTRACTOR in exchange for and acceptance of an appropriate size bond as determined by the
AUTHORITY after assessment of damage and definition of the N T A T R's scope of service. In case of hurricane
caused darnage, a Category 1 storm wou Id req wire a $2, 00o, cog Bead, a Category I I wou Id req wire a $4, 00 01 000 Bond,
a Category III would require a $6,000,000 Boni, a Category IV would require an $8,000,000 Bendy and a Category
would require a $10,000,000 Bond. The Bored required would be a Performance and Payment Bond, Attachment G.
The cost of the Bond is included in the unit rates in the Fee Schedule, Exhibit B. The CONTRACTOR shall maintain
the Proposal Bond in effect until the Performance and Payment Bond is submitted to and accepted by the AUTHORITY.
If the CONTRACTOR fails to supply a Performance and Payment Bond, the AUTHORITY shall be entitled to retain the
Proposal Bond to rectify the CONTRACTOR' s unacceptable performance. Pending successful annual CONTRACTOR,
recertification, the Proposal Bond shall be in effect for the entire term of the Agreement, except for period(s) of time
when a Performance and Payment Bond is in effect.
ARTICLE 41— FLORIDA HIGHWAY ADMINISTRATION (FHWA) FORM 1273
41.1 This Agreement incorporates a l l of the provisions set forth in the document commonly known as F H A Form
1 ,7 , Attachment E, which is attached hereto and incorporated by reference as part of this Agreement. T h e
term "contractor" as used in tfachment E shall apply to and mean the CONTRACTOR who may be referred
to in Attachment E as the "prime contractor 11, "bidder", �'proposer", "prospective primary participanf,
"prospective participant" , '"participant" or the like. The CONTRACTOR will perform the duties and obligations
of the other contracting pad regardless of the description or label used in Form 1273, Attach runt E.
41.2 The CONTRACTOR shall comply with the Davis` Bacon wages rates to the extent applicable to the work
performed under this Agreement. The provisions of the Davis -Bacon Act do not apply to debris removal work
unless such work is done in conju notion with a construction project or "lin ed' to a particular Federal Hig hway,
Wage rate tables may be found at hu1/www. dot, state.fl, us/core stru tioniwage_ shun. Said wage rate tables
are incorporated into and made part of this Agreement by reference.
Agreement No, 22-201 B 1-
�genda Item #4.
ARTICLE 42 — BUY AMERICA REQUIREMENTS
The CONTRACTOR agrees to comply with the requirements of the Federal Buy America law (See 23 U.S.C. 3135
ISTEA Sections 104 1 (a) and 1048(a), as they may be mended from time to time) as they relate to Federal -aid
contracts and the use of steel a n d i ro n produced in the U n ited States. A description of t h e req u i re me nts of B u y America
is set forth in Attachment F, which is attached hereto and incorporated by reference as part of this Agreement,
CONTRACTOR shall provide a certification statement regarding the origin of all materials or products covered under
the Buy America provisions and used in its performance of the Agreement in accordance wRh the requirements of law
and the AUTHORITY, FIDOT, and FEMA, to the extent applicable.
ARTICLE 43 — DISADVANTAGED BUSINESS ENTERPRISES
43.1 This provision shall supplement Aftle 31 "Equal Business Opportunity Program" of the Agreement. The
Agreement is subject to the requirements of 49 CFR Part 26. The CONTRACTOR shall not discriminate on
the basis of race, color, national origin, or sex in the performance of the Agreement. The CONTRACTOR steal I
carry out the applicable requirements of 49 CFR Part 26 in the award and administration of this U.S. DOT -
assisted contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of
Agreement, which may result in the termination of this Agreement or such other remedy as the AUTHORITY
deems appropriate, including but not limited to the withholding of payments. Each subcontract the
CONTRACTOR signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13).
Upon request, the CONTRACTOR will provide ft AUTHORITY with a copy of each subcontract ft enters into.
43.2 The CONTRACTOR is required to pay its subcontractors performing work related to this Agreement for
satisfactory performance of that work no later than thirty (30 ' ) days after the CON TRACT OR's receipt of
payment for that work from the AUTHORITY. The CONTRACTOR may not hold any retainage from its
subcontractors unless pursuant to an agreement approved by the AUTHORITY. The CONTRACTOR shall
return all retainage payments withheld within thirty (30) days after the subcontractor's work has been
satisfactorily completed.
43.3 The CONTRACTOR shall, on a monthly basis, submit payment certifications, including a certification
regarding their truth and accuracy, for all payments it is seeking and certifications from all subcontractors
indicating who has been paid and how. The certifications shall comply with all Federal and State requirements
regarding the reporting of DBE participation. The CONTRACTOR shall, if required by the AUTHORITY or
FIDOT, report its DBE participation monthly on the Equal Opportunity Reporting System located on the Florida
Department of Transportation's (FD T) website found at www.bipincwebapps.com/bizwebflon'da/. Audits
may be conducted to review payments to DBE subcontractors. The CONTRACTOR will fully cooperate with
the AUTHORITY, FDOT, or FEMA regarding the monitoring of subcontractors and payments made thereto.
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44.1 This. Agreement is a covered transaction for purposes of 49 CIFR Part 29. Accordingly, the CONTRACTOR
shall verify that neither the CONTRACTOR, nor its principals, as defined at 49 CFR 29,995, or affiliates, as
defined at 49 CFR 29.905, are excluded or disqualified from participation in this Agreement as defined at 49
CFR 29.940 and 29.945.
44.2 The CONTRACTOR agrees to comply with the requirements of 49 CFR 29, Subpart C throughout the term of
this Agreement. The CONTRACTOR must include the requirement to comply with 49 CFR 29, Subpart C in
any lower tier covered transaction it enters into, CONTRACTOR's certification is a material representation of
fact relied upon by the AUTHORITY. If it is later determined that the CONTRACTOR knowingly rendered an
erroneous certification, in addition to remedies available to the AUTHORITY, the State or Federal government
may pursue any available remedies, including but not limited to suspension andlor debarment. The
CONTRACTOR further agrees that it will include a provision requiring such compliance in all of its
subcontracts or lower tier covered transactions.
Agreement No. 22-201 B '15-
Agenda Item #4.
ARTICLE 45 — ACCESS TO RECORDS AND THEIR RETENTION
45.1 This provision shall supplement Article 26 of this Agreement. The CONTRACTOR shall maintain adequate
records to justly all charges, expenses, and posts incurred in estimating and performing the Agreement for at
least five (5) years after completion or termination of this Agreement or FDOT' s closure of an 4emergency
event 1P with the Florida Division of Emergency Management, whichever comes last, except in the event of
litigation or settlement of claims easing from the performance of the Agreement, the CONTRACTOR agrees
to maintain said records until all litigation, claims, appeals or exceptions related thereto have been resolved.
The records shall be maintained at a location in Palm Beach County, Florida or such other location in Florida
approved by the AUTHORITY.
45.2 The CONTRACTOR shall make all of its books, records, and other documents related, in any manner to its
or its subcontractors' performance of the Agreement, available to the AUTHORITY and any other funding
entity (e.g. FDOT, FEMA, the Comptroller General of the U.S, or any of their authorized representatives) for
the purpose of examination, audit, reproduction, excerpts and transcripts, during normal business hours, at
the CONTRACTOR's place of business or ff CONTRACTOR's place of business is not located in Palm Beach
County, then at the location for maintenance of records referenced above. The CONTRACTOR shall also
require its subcontractors to make their books, records and documents available for examination, audit,
reproduction, excerpts, and transcripts, for the same duration and in the same manner, and at or near the
same locations -required herein of CONTRACTOR.
ARTICLE 46 —AUDIT REQUIREMENTS
This provision shall supplement Article 26 of this Agreement. The CONTRACTOR agrees that audits may be
undertaken of its records related to Its performance of the Agreement as may be aufthorized or required under OMB
C 4
treular A-133, as revised. The CONTRACTOR agrees that it will comply, execute any necessary documents and fully
cooperate with the AUTHORITY and any State and/or Federal funding agency(ies), including but not limited to FOOT,
Florida's Auditor General, FEMA, or any of their authorized representatives, in any audit or monitoring procedures or
processes any such enfity(ies) may undertake related to CONTRACTOR's performance of the Agreement in order to
properly and s at 1 sfacto r 1 ly complete the audit, I zany.
ARTICLE 47 — NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)
The CONTRACTOR shall cooperate with the AUTHORITY, FDOT, and FEMA so as to assure that all activfties related
to the performance of this Agreement comply with the requirements of the National NEPA of 1969, as amended, and
the regulations and guidance related thereto.
U-M I lid 111 V-6117.1111 I Ion I 126T.-I :I I R I I i
The CONTRACTOR does hereby represent and certify that R will comply with all the requirements of the Americans
with Disabillties Act of 1990 (42 USC 12102, et. seq.), as it may be amended, and all applicable impending regulations
of the U.S. DOT, FEMA, and other Federal -aid agencies.
ARTICLE 49 - COMPLIANCE WITH TITLE VI, TITLE V11, AND OTHER FEDERAL LAWS AND REGULATIONS
The CONTRACTOR does hereby represent and certify that it will comply with all the requirements imposed by Title VI
of the Civil Rights Act of 1964 and Title V11 of the Civil Rights Act of 1968, as they have been and may be modified
from time to time (42 USC 2000d et. Seq. and 3601 et seq.) and the Age Discrimination and Employment Act of 1967
and Section 303 of the Age Discrimination Act of 1975, as amended (42 USC 6102), and all applicable Federal laws
and regulations, policies, proved uses, and d irectives of the U. S. DOT, FEMA and/or other Federal -aid agencies, as they
may be promulgated and amended from time to time.
Agreement No. 2 2-201 B -16-
Benda Item #4.
ARTICLE 50 — CONVICT LABOR PROHIBITION
The CON T RA C T 0 R does hereby represent a n d certify that it wi I I co mp I y with the convict labor prohibition in 2 3 U. S. C.
114, and all implementing regulations thereto.
ARTICLE 51 — CERTIFICATION REGARDING LOBBYING ACTIVITIES
A Bidder or Proposer for an award of certain Federal -Aid contracts in the amount of $100,000 or more, must file the
certification required by 49 CFR Part 2. The CONTRACTOR confirms that by signing and submitting a Bid or Proposal
for the work covered by this Agreement, it made the certification described in Section X1 of the Attachment F herein.
ARTICLE 52 — DEPARTMENT OF HOMELAND SECURITY (DHS) SEAL, LOGO, AND FLAGS
The CONTRACTOR shall not use the DHS seal(s) , logos, crests, or reproductions of flags or likenesses of DH S agency
officials, without specific FEMA pre -approval.
ARTICLE 53 — NO OBLIGATION BY FEDERAL GOVERN M ENT
The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to the
AUTHORITY, CONTRACTOR, or any other party pertaining to any matter resulting from this Agreement.
ARTICLE 54 — PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
The CONTRACTOR acknowledges that 31 U.S.0 Chapter 38 (Administrative Remedies for False Claims and
Statements) applies to the CONTRACTOR's actions pertaining to this Agreement.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
Agreement No. 22-201 B -17-
In Withms Whwod;, AUTHORITY, and CONTRACTOR have made and executed this Agreerr ent all as of the day
and year first above wMen.
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY:
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APPROVED AS TO LEGAL SUFFICIENCY:
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Daniel Pellowitz
Executive Dire ctor
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APPROVED AS TO TERMS AND
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Approved by Authority Board on April, 13, 2022, Item No.: 9. CA
Signature
Print Name
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Title
CROWDERGULF JOINT VENTURE, INC.:
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Print Name
President
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Date
(Affix Corporate Seal)
Agreement No. 22-201 B
Page 66 of 52
Benda Item #4. EXHIBIT "A"
SCOPE OF WORK
1. PROJECT DESCRIPTION AND REQUIREMENTS:
A. The AUTHORITY seeks COINTRACTKO R to remove and lawfully dispose of disaster -generated
debris (other than hazardous materials and household putrescible garbage) from public property
and public rights -of -way, and to setup and operate Temporary Debris Management Site
(TD ) in Palm Beach County, Florida, immediately after a hurricane or other disaster,
B. The objective of this RFP and subsequent contracting activity is to secure the services of an
experienced CONTRACTOR who is capable of efficiently removing large volumes of
d isaster-gene rated debris from a large area in a safe, fimely and cost-effective manner and
lawfully disposing of all debris. CONTRACTOR must be capable of assernbli-ng, directing, and
managing a work force that can complete the debris management operations in 120 days or
less. The duration of effort/completion dates of all tasks will be determined jointly by the
AUTHORITY and CONTRACTOR. This determination will be set in writing in appropriate Task
Order(s).
C. The CONTRACTOR shall perform all work in strict accordance with Federal Emergency
Management Agency (FEMA) guidelines in order to maximize recovery of reirnbursabie
expenses. This task shall include the provision of audit quality documentation as required by
and acceptable to FEMA for all work accomplished.
D. The CONTRACTOR maybe required, at. the AUTHORITY'S discretion, to be under the direction
of an agent of the AUTHORITY.
E. While intended to cover debris management needs in any major disaster scenario, the primary
focus is on the threat of 'hurricane damage to Palm Beach County, Florida. The planning
standards used for this project are based on the anticipated impacts of a named storm event or
major flood impacting Palm Beach County, Florida. The AUTHORITY intends to enter into
contingency Agreement(s) as further defined herein, to provide emergency debris removal and
disposal services as required by the AUTHORITY.
2. INTRODUCTION:
A. The AUTHORITY'S disaster recovery planning includes considerations for removing and
processing the volumes and types of debris expected to be generated by a major disaster such
as a hurricane or major flood and includes procedures for disposing of that. debris. The planning
approach is formulated in part on the concept of strategic pre -positioning of plans and resources
necessary for timely, safe, coordinated recovery operations, including removal of debris from
,public property and rights -of -way throughout Palm Beach County using a combination of county,
municipal, and CONTRACTOR forces.
B. If activation is required , the AUTHORITY intends to activate contracts on an as -needed basis as
solely determined by the AUTHORITY. The AUTHORITY intends to activate the
CONTRACTORS in the order of final ranking as best meets the needs of the AUTHORITY. The
AUTHORITY reserves the right in its sole and unfettered discretion, to assign/reassign any or all
CONTRACTORS at any time as may be deemed appropriate depending upon the
Agreement No, 22- 201 B - 19 -
Benda Item #4.
*:1:11.1YNcW
circumstance(s) , the event, or an y other condition which may warrant such action.
C. The AUTHORITY envisions the need for four (4) CONTRACTORS to carry out the debris
removal and disposal work throughout Palm Beach County. The CONTRACTOR must have the
experience and capability to manage a major workforce with multiple subcontractors and to over
the expenses associated with a major recovery operation prior to the initial AUTHORITY
payment and between subsequent payments, as well as the capacity to provide the necessary
bonds and insurance. The CONTRACTOR must also have an established management team,
an established network of resources to provide the necessary equipment and personnel,
comprehensive debris removal, volurne reduction operations plan, and demonstrable experience
in major d is aster recovery projects,
D. The Agreement(s) to be awarded under this RFP will be contingency Agreement(s) that will be
activated only in the face of an emergency. As such, no compensation will accrue to the
CONTRACTOR unless and until the Agreement is activated either in anticipation of a natural
disaster or immediately after such disaster.
E. The CONTRACTOR who receives an Agreement for the work, will be required to participate in
certain AUTHORITY directed disaster recovery training and/or exercises, 1 to 2 days each year,
at no cost to the AUTHORITY.
F. The AUTHORITY does not guarantee a CONTRACTOR will be activated it awarded an
Agreement.
3. PLANNING STANDARD FOR DEBRIS REMOVAL AND DISPOSAL:
The AUTHORITY'S goal is to complete the debris removal and disposal process in 120 days
following the storm event. This assumes that the entire area of the county will be accessible within
that period. Due to the low elevation and potential for flooding, some areas might not be accessible
for several weeks after a major natural disaster, The CONTRACTOR must be aware that it might not
be possible to inifiate operations in all parts of the county simultaneously immediately after a storm,
41, DEBRIS MANAGEMENT:
A. Planning for debris management operations is a function of the AUTHORITY as a supporting
agency to the Palm Beach County Department of Engineering and Public Works. The
AUTHOR ITY'S Emergency Management Coordinator will direct the debris removal and disposal
operations.
B. In addition to using AUTHORITY forces and equipment, the AUTHORITY intends to execute four
(4) debris removal and disposal Agreements on a contingency basis for the purpose of having
CONTRACTOR(S). immediately available and committed to assisting the AUTHORITY in the
aftermath of a major disaster. Each CONTRACTOR holding a debris removal and disposal
Agreement will serve as a General CONTRACTOR for the purpose of debris removal and
disposal operations and will be able to use his/her own and subcontractor resources to meet the
obligations of the Agreement. It is anticipated, but not required, that the CONTRACTOR will use
both local and non -local subcontractors.
C. When a major disaster occurs or is imminent, the AUTHORITY intends to contact the highest
Agreement No. 22-201 B -20-
Benda Item #4. EXHIBIT "All
two (2) or three (3) ranked CONTRACTORS holding debris removal and disposal Agreements
to advise them of the AUTHORITY'S intent to activate the Agreement($). Debris removal will
generally be limited to debris in, upon, or brought to county residential private and public streets
and roads, rights -of -way, municipal properties and facilities, and other public it (this includes
debris from customers assessed for residential solid waste and recycling collection services by
the AUTHORITY). The CONTRACTOR will be responsible for determining the method and
manner of debris removal and lawful disposal operations. Disposal of debris will be at
AUTHORITY approved TDIVIS or landfill sites. The CONTRACTOR will be responsible for the
lawful disposal of all debris and debris -reduction by-products generated at all TDIVIS.
D. When a major disaster occurs or is imminent, the AUTHORITY will initially send out an Alert to
the selected CONTRACTOR(S). This Alert will serve to activate the lines of communication
between the CONTRACTOR representatives and the AUTHORITY. Subsequently, the
AUTHORITY will issue the first Task Order which will authorize the CONTRACTOR to send an
Operations Manager to the AUTHORITY within 24 hours of receiving such Task Order, to begin
plan n in for the operations and moU lizing the person reel and equ i pment as necessary to pe rfo rm
the stipulated work. This first Task Order will also direct the CONTRACTOR to execute the
required Performance and Payment Bond. The CONTRACTOR should anticipate receiving this
first Task Order 24 to 72 hours before projected landfall of a hurricane or major flood. Depending
on the nature of the storm and circumstances, the AUTHORITY may activate more than one (1)
CONTRACTOR, CONTRACTOR(S) will generally be activated in order of final ranking.
E, Specific task orders will be issued to select CONTRACTORS based on the best interest of Palm.
Beach County. The AUTHORITY reserves the right to assign work or task orders to various
CONTRACTORS based on capability. The AUTHORITY does not guarantee a cradle to grave
pricing arrangement but reserves the right to pick and choose CONTRACTORS based on
ranking.
F, The general concept of debris removal operations 'Includes multiple, scheduled passes of each
site, location , or rig ht-of-way. This Sri 11 aliow res idents to return to thei r pro perties and bring deb ri s
to the private and, public right-of-way as recovery progresses. The AUTHORITY will prescribe
the specific schedule to be used after ascertaining the scope and nature of the disaster's
impacts.
G. The AUTHORITY will make every effort to identify strategically located public and private TDMS
throughout the county prior to a natural disaster. Depending upon the severity of the natural
disaster, additional public and private TDMS will be identified as needed.
H. The CONTRACTOR will operate the public and private TDIVIS and only CONTRACTOR vehicles
and others specifically authorized by the AUTHORITY will be allowed to use the sites. Only one
(1) level of subcontractor will be allowed to operate the sites. There will be no mulfi-tiered
subcontractors (sub of a sub) allowed to operate TDIVIS. The CONTRACTOR is responsible for
all activity at TDIVIS operated by their subcontractor and must have an ennployee on site at all
times to oversee daily operations. The locations of both Dublicly and arivately, owned sites
currently under consideration are shown on Attachment B, Additional public and privately
owned TDIVIS may become available as plans develop. The availabillty of both private and public
TDIVIS may change during the term of the Agreement.
Agreement No. 22-201 B - 21-
I
Lgenda Item #4.
A RA, 119 001 WMb 3 1
1, The AUTHORITY may also establish designated homeowner -drop-off sites on a public right -a-
way (PROW) for communities. The CONTRACTOR will be responsible for removing all eligible
debris from those approved designated locations at the direction of the Emergency Management
Coordinator or designee.
J. Curbside segregation of debris and disaster -generated or related wastes will be an element of
the AUTHORITY'S disaster recovery program. The debris removal and disposal CONTRACTOR
will be required to aid in the segregation and waste stream management processes. Any
Household Hazardous Waste (HHW) encountered by the debris removal CONTRACTOR is to
be set aside. HHW disposal will be the responsibility of the resident. The AUTHORITY will
designate HHW drop-off locations.
K The following items are considered HHW for the purpose of this Agreement-
1. Used Oil
2. Bafteries.
3. Paint
4. Aerosol spray cans
5. Pesticides
6. Antif reeze
7. Fluorescent light bulbs
8. Propane tanks (household size)
L. The CONTRACTOR will setup a lined containment area and separate any HHW inadvertently
delivered to a TDIVIS.
M. Commercial and industrial hazardous waste such as chemicals,, gas containers, transformers,
and any other form of hazardous or toxic matter will be set aside for collection and disposal by
a Hazardous Materials Removal and Disposal Contractor who will be selected by the
AUTHORITY.
N, Putresclible residential garbage will be collected by AUTHORITY franchiser aste haulers and is
not to, be collected or transported by CONTRACTOR forces. The AUTHORITY may enter into a
separate emergency debris removal agreements with each franchise hauler to operate their
dedicated self -loading collection equipment within their Service Area for FEMA eligible storm
debris removal.
5. SCOPE OF WORKIOVERVIEW:
This section is divided into three (3) subsections:
.1
5.1 Debris Removal and Disposal Operations from residential public and private streets,
roads and rights -of -way and delivered to a TDMS designated by the Authority.
5.2 TDMS Operations which includes daily operations as well as reclamation of the site to its
pre -storm condition or as directed by the AUTHORITY Emergency Management Coordinator
5.3 Processing, Loading and Haull'Irig Material from TDMS to final destination.
Agreement No, 22-201 B -22-
Benda Item #4.
EXHIBIT "A"
A. Specific work authorizations by the AUTHORITY will be through written Task Orders.
Task Orders will define the job to be accomplished, location of job, timeframe for
completion, rates to be used, etc. Any job with requirements or rates not covered by
this Proposal will be negotiated. The AUTHORITY reserves the right to extend
operations on a weekly basis. Task Orders will be executed bilaterally. Performance will
be by the metrics established in the Task Order(s). After 1/3 and again after 2/3 of the
stipuiated number of days of work in the Task Order have elapsed, the
CONTRACTOR(S) shall provide written progress report to the AUTHORITY for review
and acceptance. The AUTHORITY shall have the right to correct for CONTRACTOR's
default or underperformance by any means it deems in its best interest at the
CONTRACTOR'S expense,
B. The CONTRACTOR shall commence mobilization immediately upon receipt of the
mobilization Task Order meeting the following progress patterns- 48 hours- collection
activity within assigned Collection Service Area. Within ten (10) calendar days
CONTRACTOR shall have 100% of all necessary equipment operating within all
Collection Service Areas, This represents a minimum response schedule and does not
restrict an earlier response. Subsequently, the AUTHORITY may issue additional Task
Orders to define more precisely the work to be accomplished or to authorize additional
work. The CONTRACTOR shall perform in accordance with each Task Order in all
designated Collection Service Areas established by the AUTHORITY. Each Task, Order
will be uniquely and sequentially numbered.
C, The CONTRACTOR is authorized to collect debris during daylight hours, seven (7) days
per week. Any deviations from this schedule will require AUTHORITY approval.
D, The CONTRACTOR must be duly licensed to perform the work in accordance with the State of
Florida statutory requirements. The CONTRACTOR shall obtain all permits necessary to
complete the work, The CONTRACTOR shall be responsible for determining what permits are
necessary to perforrn under the Agreement. Copies of all permits shall be submitted to the
AUTHORITY's Director, Customer I nformatbn Services prior to issuance of the first Task Order.
E. The quantity of work required to complete the Agreement resulted from this RFP is
es*ated. The actual effort required may be more or less than the estimated amount
shown in the Proposal Form 3 — Price Proposal. Payment will be made at the unit rates
proposed. The output will be verified by the AUTHORITY I s Director, Customer Services
in the daily operational report. Should hourly rates be used to pay for certain equipment
other than preventative maintenance, not in excess of fifteen (15) minutes in a normal
workday, will be paid at the regular hourly rate. Preventative maintenance or -down time
resulting from equipment failure, routine maintenance and -fueling that exceeds fifteen
(15) rn inu tes will be cons idered Urn acceptable wo rk and non-payment of that ti me it I be
rounded off to the half hour of all hours where delays occur. Preventative maintenance
is defined as the usual field maintenance to keep equipment in operating condition
without the use of extensive shop equipment, Fueling of equipment will. be considered
as part of preventative maintenance.
F. The CONTRACTOR shall be responsible for correcting any notices of violations issued
as a result of the CONTRACTOR'S or any subcontractor's actions or operations during
the performance of this Agreement. Corrections for any such violations shall be at no
Agreement No. 22-201 B -23-
Lgenda Item #4.
� W64, lot H :I k
60
additional cost to the AUTHORITY.
G, The CONTRACTOR shall conduct the work so as not to interfere with the disaster
response and recovery activities of federal, state or local governments or agencies, or
of any public utilities or other private contractor.
H. The CONTRACTOR shall provide contact information for all key personnel to the
AUTHORITY that shall include name, phone number, cellular phone number and email
address. The CONTRACTOR and its agents shall respond in a timely manner to all
AUTHORITY inquiries at all times.
DEBRIS REMOVAL AND DISPOSAL OPERATIONS
6.1 General:
A. The purpose of this section is to define the requirements for debris removal and disposal
operations after any catastrophic disaster within Palm Beach County. The AUTHORITY
may designate zones for collection and disposal locations for debris collected,
CONTRACTORS will be tasked with a service area(s) for this specific work immediately
after the activation of the Agreement.
B. For work performed on a Time and Materials basis, all hourly equipment rates shall
include the cost of the maintenance, fuel, repairs, overhead, profit, insurance, and all
other costs associated with the equipment including labor and operator.
6.2 Services:
A. The CONTRACTOR shall provide equipment, operators, and laborers for debris removal
operations. The CONTRACTOR shall provide all labor and materials necessary to fully
operate and maintain (including fuel, oil, grease, and repairs) all equipment under this
Agreement.
B. All rates are to include the cost of protective clothing (to include hardhats and steel -toed
boots), fringe benefits, hand tools, supervision, transportation, lodging, meals, and all
other costs.
C. The work shall consist of clearing and removing disaster generated debris as directed
by the AUTHORITY Emergency Management Coordinator. CONTRACTOR shall
provide collection equipment the day following a natural disaster or as directed by the
AU TH ORITY and s h all provide equ ipment sufficient to collect a m 1 n im u m of 50,000 cu bic
yards of deb ris per day with i n to n (10) calendar days of collection commence went (Past
AUTHORITY natural disaster cleanup records show that ten (10) days' following
disaster, 95,000-126,000 cubic yards of debris collected per day). Failure to provide
sufficient equipment necessary to collect required amount may result in the
AUTHORITY entering into a separate agreement with another contractor for collection
services.
6.21
Removal of Hazardous Leaning Trees and Hanging Limbs
a) Under this contract, work shall consist of all labor, equipment, fuel, and
Agreement No. 22-201B -24-
Benda Item #4.
EXHIBIT "A's
miscellaneous costs necessary to remove all hazardous trees twelve inches
(12") or greater in diameter, measured three feet (3) from the base of the tree
or chest height and hanging limbs two inches (2") or greater in diameter existing
in private and public right-of-way. Further, debris generated from the removal of
hazardous trees and hanging limbs two inches (2") or greater existing in private
and public right-of-way w[II be placed at the public right-of-way for removal as
vegetative debris. Hazardous leaning trees less than twelve inches (12 1 in
diameter, measured three feet (3) from the base of the tree or at chest height,
will be flush cut, and placed on the pubkc right-of-way to be removed as
vegetative debris. The AUTHORITY will not compensate the CONTRACTOR
for leaning trees less than twelve inches (12") in diameter on a unit rate basis.
b) Removal and transportation of hazardous trees twelve inches (12") or greater
in diameter and hanging limbs two inches (2") or greater in diameter existing in.
private and public right-of-way will be performed as identified by the
AUTHORITY, All disaster specific eligibility guidelines regarding size and
diameter of leaning trees will be communicated to the CONTRACTOR, in
writing, by the AUTHORITY. In, order for leaning or hazardous trees to be
removed and eligible for reimbursement, the tree must satisfy a minimum of one
(1) of the following requirements:
i) The tree is leaning in excess of 30' degrees in a direction that poses an
immediate threat to public health, welfare, and safety.
il) The tree is dead, twisted, or mangled as a direct result of the storm and a
certified arborist can attest to the fact that the tree will die and potentially
create a falling hazard to the public,
6.2.2 Removal of Hazardous Stumps
a) Under this contract, work shall consist of all labor, equipment, fuel, and
miscellaneous costs necessary to remove all hazardous uprooted stumps 24
inches or greater in diameter, measured 24 inches from the base ofthe tree
existing in private and public right-of-way. Further, debris generated from the
removal of uprooted stumps existing in private and public right-of-way will be
placed at the public right-of-way for removal as vegetative debris, Stumps
measured 24 inches from the base of the tree and less than 24 inches in
diameter will be considered normal vegetative debris and removed in
accordance with 3.1.2. The AUTHORITY will not compensate hazardous
stumps less than 24 inches in diameter,on a unit rate basis and instead will be
considered normal vegetative debris. The diameter of stumps less than 24
inches will be converted into a cubic yardage vol urne based on the published
FEMA stump conversion table (In accordance with curTent, FEMA public
assistance guidelines) and removed under the terms and conditions of 2.6-2.
b) Removal and transportation of hazardous uprooted stumps existing in the
private and public right-of-way and private property will be performed as
identified by the AUTHORITY. All disaster specific eligibility guidelines
regarding size and diameter of hazardous stumps will be communicated to the
CONTRACTOR. in writing, by the AUTHORITY. In over for hazardous stumps
Agreement No. 22-201B -25-
-Page 73 of 52
agenda Item #4. EXHIBIT "All
to be removed and eligible for reimbursement, the stump must satisN the
following requirement:
(i) Over 50% of the tree crown is damaged or broken and heartwood is
exposed.
0i) Tree stumps that are not attached to the ground will be considered normal
vegetative debris and subject to removal under the terms and conditions of
2.1. The cubic yard volume of the unattached stump will be based off of
the diameter conversion using the published FEMA stump conversion table
In accordance with current FEMA public assistance guidelines).
The AUTHORITY or its representative will measure and certify all stumps before
removal.
6.2.3 Collection of Storm Generated Residential Vegetation and Construction and
Demolition Debris.
a) It is the AUTHORITY'S goal to ensure that Vegetation and
Construction /Demolition debris remain separate task orders for the collection of
Vegetation and Construction loads. Mixing of loads by the CONTRACTOR at
the road right of way will not be tolerated -
Work may inelude:
(i). First pass to clear debris from emergency evacuation routes, access roads
to critical facilities and all primary roadways.
(ii learing debris from residential private and public road right of ways.
(ii i) Loading the debris.
(iv) Hauling the debris to an approved AUTHORITY TDMS or an authorized
private construction demolition debris recycling facility or landfill.
(v) Dumping the debris at the TDMS or direct haul to an Authority permitted
approved private Construction and Demolition Debris (C&D) recycling
facility or Authority authorized landfill.
b) Debris delivered to a TDMS, private C&D recycling facility or authorized landfil
will be paid based on the per cubic yard price according to the Proposal Form
3
ni — Price Proposa.-
6.2.4 Hourly Rate Clearing:
a) From 0-70 hours following a disaster CONTRACTOR, as designated by the
AUTHORITY, shall provide the clearing services on an hourly rate that shall
include the following'.
(i) Clear debris from emergency evacuation routes, access roads to critical
'facilities, and primary roadways,
(ii) Perform emergency removal of debris if needed for Ve-saving meas ures.
(iii) Conduct daily briefings with debris managers and other officials to update
progress and discuss issues,
(iv) Develop a traffic control plan along potential haul routes and at debris
Agreement No. 22- 201 B -26-
Benda Item #4.
[Wri OR I 1 0011192%
management and disposal sites,
b) The CONTRACTOR shall not move from one designated Collection Zone to
another area without prior approval from the AUTHORITY's Director, Customer
Informabon Services or designee, CONTRACTORS and/or subcontractors that
move to a designated Collection Service Area without prior AUTHORITY
approval may be terminated immediately. The AUTHORITY reserves the right
to relocate CONTRACTOR to other Collection Service Areas based on need
and abil*q to perform required work at an acceptable level. The AUTHORITY
reserves the right to immediately terminate CONTRACTOR and any
subcontractor who fails to provide service in strict accordance with guidelines
set forth by FEIVIA and the AUTHORITY.
c) The AUTHORITY or designee shall forward all claims of damage to the
CONTRACTOR daily. CONTRACTOR shall provide all contact information,
including name, phone number, cellular phone number, fax number and email
address, for personnel responsible for resolving all claims of damage.
CONTRACTOR must respond to all claims of damage within 24 hours and
resolve within ten (10) calendar days. Mailboxes must be repaired or replaced
within two (2) calendar days. CONTRACTOR is responsible for all damage
caused by his crew and/or subcontractors in the performance of debris removal.
d) In the event the CONTRACTOR fails to repair damages as a result of the
Contractor's equipment failure or negligence within the time provided in this
Agreement, the AUTHORITY or designee may arrange for the repairs and
assess the CONTRACTOR for the cost of the repairs and any applicable
administrative charges. Any disputes as to damage responsibility will be
presented to the Director, Customer Information Services or designee for
review. The decision of the Director, Customer Information Services or
designee wi[I be final.
6.3 Equipment:
A. All trucks and equipment must be in compliance with all applicable federal, state, and
local rules and regulations. Trucks Bused to haul debris must be capable of rapidly
dumping their load without the assistance of other equipment, be equipped with a
tailgate that will effectively contain the debris during transport that will permit the trucks
to be filled to capacity. Cyclone fence may be used as temporary tailgates if they comply
with the following specifications:
1 . Fencing must be permanently attached to one side of the truck bed.
2. After loading , the fencing must be tied to the other side of the truck bed at two places
with heavy gauge wire.
3. Fencing must extend to the bottom of the bed.
4. After loading, bottom of fencing shall be tight against the bed of the truck and
secured at a minimum of two locations.
5. Solid iron metal bars must be secured to both sides of the fencing.
6. There shall be no hand loaded equipment allowed ,
Agreement No. 22-201 B -27-
Benda Item #4.
. acu:3IivMA
B. The AUTHORITY or designee shall complete certifications indicating the type of vehicle,
make and model, license plate number, equipment number, and measured maximum
volume, in cubic yards, of the load bed of each piece of equipment utilized to haul debris,
The measured volume of each piece of equipment shall be calculated from actual
internal physical measurement performed and certified by the CONTRACTOR,
Maximurn volumes may be rounded up to the nearest cubic yard. The reported
measured maximum volume of any load bed shall be the same as shown on the placards
affixed to each piece of equipment, The AUTHORITY reserves the right to re -measure
trucks and trailers at any time to verity reported capacity. If a truck and/or trailer are re -
measured and the yardage capacity is determined to be lower, the lower yardage
volume will be retroactive to the initial load and total volume adjusted accordingly.
C. All trucks and trailers utilized in hauling debris s]hall be equipped with a tailgate that will
permit the vehicle to be loaded to capacity and effectively contain the debris on the
vehicle while hauling. If installed, all sideboard extensions must remain in place
throughout the operation, or the vehicle must be re -measured and remarked. All
extensions to the bed are subject to acceptance or rejection at the sole discretion of the
AUTHORITY or designee,
D. Trucks or equipment designated for use under this Agreement shall not be used for any
other work during working hours. The CONTRACTOR shall not solicit work from private
citizens or others to be peqormed in the designated Collection Service Area during the
period of this Agreement. Urider no circumstance will the CONTRACTOR mix debris
hauled for others with debris hauled under this Agreement. Failure to comply will result
in no payment to CONTRACTOR and the operator and vehicle will be declared ineHigible
to provide any additional emergency debris collection services. Any and all unapproved
changes to placard will result in no payment to CONTRACTOR and the operator and
vehicle will be declared ineligible to perform any additional emergency debris collection
services.
6.4 Securl"ing Debris
The CONTRACTOR shall be responsible for properly and adequately securing debris on
each piece of equipment utilized to haul debris. Prior to leaving the loading site, the
CONTRACTOR shall ensure that each load is secure and trimmed so that no debris extends
horizontally beyond the bed of the equipment in any direction. All loose debris shall be
reasonably compacted during loading and secured during transport. Tarps or other
coverings shall be provided by the CONTRACTOR to prevent materials from falling or being
blown from the bed. Loads not properly tarped or otherwise covered will not be allowed to
dispose at any AUTHORITY approved TDIVIS which may result in non-payment to
CONTRACTOR.
6.5 Equipment Sign age
Prior to commencing operations, the AUTHORITY or designee shall affix, to each piece of
equipment, signs or markings indicating the Owner Operator's name and a unique
equipment identification number. One sign shall be placed on each side ofr the equipment.
For those trucks, trailers and other equipment intended to haul debris, the maximum volume,
in cubic yards, of the load bed shall also be shown. Each operator shall keep AUTHORITY
cefftcation with them at all times. Placards must remain on both sides of equipment.
Agreement No. 22-201 B -28-
76 of 5
Lgenda Item #4.
:VA1 In 1111111 11:11
6.6 Other Considerations
A. The CONTRACTOR shall assign and provide an Operations Manager (OM) to the
AUTHORITY TDIVIS to serve as the principal liaison between the AUTHORITY Director,
Customer Services or designee and the CONTRACTOR'S forces, The assigned OM
must be knowledgeable of all facets of the CONTRACTOR'S operations and have
authority in writing to commit the CONTRACTOR. The OM shall be on call 24 hours per
day, seven (7) days per week and shall have electronic linkage capability for transmitting
and receiving relevant contractual information and make arrangements for onsite
accommodations. This linkage shall provide immediate contact via cell phone, Fax
machine, and have Internet Gapabilities, The OM will participate in daily meetings and
disaster exercises, functioning as a source to provide essential element information. The
OM will report to the AUTHORITY Director, Custonner Services or designee. This
position will not require constant presence; rather the OM 'will be required to be
physically capable of responding to the AUTHORITY Emergency Management
Coordinator within 30 minutes of notification.
B. The CONTRACTOR shall be responsible for control of pedestrian and vehicular traffic
in the work area. At a minimum, one flag person should be posted at each approach to
the work area.
C. The CONTRACTOR shall supervise and direct the work, using skilled labor and proper
equipment for all tasks. Safety of the CONTRACTOR'S personnel and equipment is the
responsibility of the CONTRACTOR. Additionally, the CONTRACTOR shall pay for all
materials, personnel, taxes, and fees necessary to perform under the terms of this
contract.
D. Payment for debris hauled will be based on the quantity of debris hauled in cubic yards.
Debris hauled to a TDMS will require a validated load ticket. Drivers will be given an
electronic load tickets at the loading site by an AUTHORITY loading site monitor. The
quantity of debris hauled will be estimated in cubic yards at the TDIVIS by an
AUTHORITY TDIVIS monitor, The estimated quantity will be recorded on the electronic
load ticket. The AUTHORITY TDIVIS monitor will retain one copy of the paper load ticket
and the driver will retain the remaining copies of the load ticket. Debris being hauled to
a permanent landfill will be paid based on cubic yards recorded on an approved
electronic or paper load ticket, Payment will be made against the CONTRACTOR'S
invoice once site monitor and CONTRACTOR load tickets and/or scale tickets match.
Load tickets not properly completed and signed will not be paid.
7. TEMPORARY DEBRIS MANAGEMENT SITES (TDMS) OPERATIONS
7.1 General
A. The purpose of this section is to define the requirements for TDIVIS Operations after any
catastrophic disaster within Palm each County.
B. The CONTRACTOR shall use only TDMS designated by the AUTHORITY Emergency
Management Coordinator.
Agreement No. 22-201 B -29-
Agenda Item #4.
acu:1 kiw_W
C. The TDMS foreman shalldirect all vehicular traffic and load drop-off operations, Different types
of debris shall be kept in separate piles at the TOMS. At a minimum, one flag person shall be
posted at each TDMS for traffic control and to direct unmixed loads to proper location (bey debris
type) to be offloaded. CONTRACTOR shall be responsible for sorting and proper placement of
all loads not dumped in appropriate location which results in mixing the once separated debris
at no charge to the AUTHORITY.
D, The CONTRACTOR shall begin grinding vegetative debris within five (5) calendar days
of TD MS open i ng d ate and rernovi n g m ulch/wood chips within ten (10) calendar d a of
site opening date, 14 is very important your plan provides specific information for the final
disposal destination location of the mulch I wood chips removed from the public or
private TDMS. The CONTRACTOR shall begin removal of Construction and
Dernolition/ mixed debris from TDMS to an approved final destination within five (5) days
of site opening date.
7.2 TDMS Services
7.2.1 Site Setup/Preparation and Site Closeout/Restoration Site setup/preparation
and site closeouVrestoration shall be compensated on a time and materials basis in
accordance with the hourly rates provided in the Proposal Form 3 — Price Prolaosal
Site set-up/preparatlofl/closeou'restoration includes- clearing, stripping, hauling, fill
placement, constructing/deconstructing processing pads, limerOGk or crushed
concrete access roads] seedingr, and any other similar activity necessary to make
the site usable for its intended purposes and to return the site to its original condition.
Do not include any materials in calculating the hourly rates in the ' Proposal Form 3
- Price Proposal. Important- Phase I TDMS Reclamation is inciuded in the 2.0 cubic
yard price. Phase I Reclamation requires the contractor to remove all debris from
the TDMS including small particles mixed with soil and grading the entire area. The
only site closeout cost will be removal of road base material and seeding as
approved by the Authority.
7.2.2 TDIMIS Operations and Material Processing
a, TDMS operations and material processing shall be -compensated in accordance
with the unit prices provided in the Proposal Form 3 - Pace Proposal. The
CONTRACTOR sh,all provide equipment, operators, and laborers for TDMS
operations as specified by Task Order, Unit prices provided in the Proposal
Form 3 - Price Proposal, shall include all labor and materials necessary to fully
operate and maintain (including fuel, oil, grease, repairs, operator, mobilization,
demobilization, overhead, profit, lodging and insurance) a-11 equipment under
this Agreement. Each Inspection Tower shall be equipped with two (2) portable
toilets- Toilets shall be provided immediately upon completion of tower
assembly. CONTRACTOR shall provide a water truck for the purpose of
applying to site surface to minimize dust. The AUTHORITY shall provide a front -
load garbage container and collection service of the container at each TDMS.
CONTRACTOR shall be responsible for cleaning up all trash and litter
generated on the site from daily operations and depositing into the container for
collection. The entrance roadway and surrounding area within 1/2mile of the
site's entrance shall be cleaned daily by the CONTRACTOR. All pre -storm
Agreement No, 224201 B -30-
Page 78 of 524
Benda Item #4.
EXHIBIT "Ays
identified sites shall be opened by the CONTRACTOR within three (3) calendar
days after receiving approval from the AUTHORITY to operate the TDMS.
Failure to open sites with proper equipment and necessary personnel will result
in liquidated damages of $10,000 per day. All rates shall include the cost of
protective clothing (to include hardhats and steel -toed boots), fringe benefits,
hand tools, supervision, transportation, lodging, meals, and any other costs,
The work shall consist of managing the operations of a TDMS and performing
debris reduction by air curtain incineration and/or grinding of storm generated
debris as directed by the AUTHORITY Emergency Management Coordinator
b, The AUTHORITY plans to use two types of TIDMS.
1. Vegetative TIDMS will be devoted to the reduction of clean woody
debris by ether burning or grinding. The AUTHORITY expects the
material to be recycled and or beneficially re -used if processed by
grinding. It is impoftant to provide a detailed plan on how this
material will be recycled or beneficially reused after grinding
reduction.
2. Depending upon the size and type of devastation the AUTHORITY
may require a separate Construction & Demolition (C&D) staging
area, mixed debris staging area and a separate Household
Hazardous Waste staging area. The AUTHORITY requests that
PROPOSER implements recycling and or reduction programs to
minimize the quantity of construction debris material to be land
filled.
c. Material coming into the Vegetative or C&D TDMS will be measured and paid
for by the cubic yard according to the Proposal Form 3 — Price Pr
Material removed and transported from a C&D TDMS will be measured and paid
by the cubic yard according, to the -Proposal Form 3 — Price Proposal.
d, Locations of all TDIVIS will be approved by the AUTHORITY. The AUTHORITY
Emergency Management Coordinator rnust approve site improvements before
work begins and any costs, other than those in the proposal Form 3 — Price
Pro oral, that might have been negotiated under a Task Order shall be
documented for payment.
e, Material processed at a TDMS by either grinding or burning will be measured
using cubic yards from incolming load tickets. Material entering a TDMS will be
deposited in manageable piles.
7.3 Reporting
The CONTRACTOR shall submit a report to the AUTHORITY Emergency Management
Coordinator or designee by close of business each day of the term of the Task Order, Each
report shall contain, at a minimum , the following information:
1. Contractor's Name
2. Contract Number
Agreement No. 22-201 B -31-
Agenda Item #4.
� I 1 *A I 0MN4011:11
3. Dail y and cum u lative hou rs for each p iece of equ ipment, if appropriate
4, Daily and cumulative hours for personnel, by position, if appropriate
5. Volurnes of debris handled
Failure to provide audit quality information by 5:00 p.m- of the following day of operation will
subject CONTRACTOR to non-payment in each instance at the sole discretion of the
AUTHORITY.
7® Other Considerations
A. The CONTRACTOR shall supervise and direct the work, using skilled labor and proper
equipment for all tasks. Safety of the Contractor's personnel and equipment is the
,capon si *bRAC ility of the CONTTOR. Additionally, the CONTRACTOR shall pay for all
materials, personnel, taxes, and fees necessary to perform under the terms of this
contract.
B. The CONTRACTOR shall be responsible for control of pedestrian and vehicular traffic
i n the work area. In the event a TID M S m ust be closed due to C ONTRACTOR equipment
or operational failures, CONTRACTOR shall be liable for liquidated damages in the
amou rat of $25,000 - 00 pe r day for every day the site has to rem ain closed.
7.5 Debris Clearance (for access) from Right -of -Ways and Public Property
A. The AUTHORITY provides support to Palm Beach County Government for Debris
Management, including the clearance (moving debris from the middle of the road, etc.)
of debris from right -of- ways and public property. Palm Beach County intends to perform
debris clearance for access with its own forces or under existing contractual Agreements
between the County and local firms. However, in a significant disaster, these resources
may be insufficient to perform the clearance activities in a timely manner-
B. This debris clearance is to be considered supplemental and optional service. It is
anticipated that debris clearance activities would be conducted, if needed, on a time and
material basis using the rates i n the Propos al 'Po rm .3 — Price Proposal ,
8. PROCESSING, LOADING AND HAULING MATERIAL:
CONTRACTOR shall provide all necessary labor, material and equipment to process, load and haul
wood chips from TDIVIS in Palm Beach County to final destination for disposal, CONTRACTOR shall
provide all necessary labor, material and equipment to load and haul construction and demolifion
debris and/or mixed debris from TDIVIS as directed by the AUTHORITY. The AUTHORITY reserves
the right to contract with other firms to process, load and haul wood chips and construction and/or
m ixed debris to a fin al desti n ation as may best meet the needs of the AU TH OR ITY. Al I wood ch 1PS 0
construction and/or mixed debris shall be disposed of in accordance with all Local, State of Florida
and Federal guidelines.
CONTRACTOR will provide detailed listing to the AUTHORITY of the following:
1. Quantity (loads and cubic yards)
2. Owner information
3. Site where mulch / reduced yard waste material generated at TDIVIS is disposed, to include
Agreement No. 22-201 B -32-
Page 80 of 52
Benda Item #4.
L' IVA WAU"s
add re/ GPS location.
4. AUTHORITY will determine final private or public on debris
disposal/recycling facility,
9. MISCELLANEOUS REQUIREMENTS
9.1 TDMIS Foreman
A. The TDMS foreman must be an employee of the CONTRACTOR and is responsible for
management of all operations of the site to include, traffic control, dumping operations,
segregation of debris, burning, grinding, and safety,
B. The TWS foreman will be responsible for monitoring and documenting equipment and
labor time and providing the daily operational report to the AUTHORITY Director,
Customer Services or designee.
9.2 TDMS Night Foreman
A. The TDIVIS night foreman must be an employee of the CONTRACTOR and is
responsible for managing all night operations approved by the AUTHORITY.
B, The TDMS night foreman will be responsible for monitoring and documenting equipment
and labor time and providing the daily operational report to the AUTHORITY Director,
Customer Information Services or desi,gnee.
9.3 TDIVIIS Management Plan
A. Once the TDMS is identified by the AUTHORITY, the CONTRACTOR will provide a Site
Management Plan.
B. Three (3) copies of the plan are required. The plan shall be drawn to a scale of 1 50'
and address the following functions-
1. Access to site
2. Site preparation -cleanng, erosion control, and grading
3, Traffic control procedures
4. Safety
5. Segregation of debris
6. Location of ash disposal area, hazardous material containment area,
CONTRACTOR work area, and inspection tower
7. Location of incineration operations, grinding operation (if required). Burning
operations require a 100-foot clearance from the stockpile and a 1000-foot
clearance from structures,
8. Specific plan including and location for the final disposal destination of the
mulch/wood chips generated at the public or private TDIVIS.
9.4 Inspection, Tower
The CONTRACTOR shall construct an inspection tower at each TDIVIS within three (3)
calendar days of natural disaster. The tower shall be constructed using pressure treated
Agreement No. 22-201 B
Page 81
Benda Item #4.
wood or steel scaffold. The floor elevation of the tower shall be 10-feet above the existing
ground elevation. The floor area shall be a minimum 8'by 8 constructed of 2"x 811 joists, 16pr
O.C. with 3/4" plywood supported by a minimum of four 6F? x 64 posts. A 4-foot high wall
constructed of 2" x 4" studs and Y2 P1 plywood shall protect the perimeter of the floor area.
The floor area shall be covered with a roof. The roof shall provide a ' minimum of 6P.6'p of
headroom below the support beams. Steps with a handrail shall provide access to the tower.
Inspection towers must provide a dry area for employees and meet all FEIVIA and OSHA
requirements.
9.5 Grinding Operation
The CONTRACTOR shall have grinder(s) on site and in operation within five (5) calendar
days following a natural disaster. Failure to provide sufficient grinding capacity to
accommodate expected incoming volumes and allow site to operate in an efficient manner
within five (5) calendar days shall result in liquidated damages of $10,000 per day. There
s hal I be no period longer th an 24 h ours in wh ich g rind 1 ng activity may stop d ue to eq ui pmen t
or operational failure. Failure to provide back-up equipment within 24 hours shall result in
liquidated damages of $2,000 per hour per approved hours of grinding operation per day
until grinding activity resumes.
9.6 Household Hazardous Waste Containment Area
The CONTRACTOR shall construct a hazardous material containment area at each TDIVIS.
The area shall be 30'x 30'. The perimeter shall be lined with hay bales and staked in place.
The area shall be lined with a heavy gage plastic to provide a waterproof barrier. Additional
plastic sufficient to cover the area is required to prevent rain from entering the containment
area. Site run-off must be redirected from the containment area by site grading.
10. PERFORMANCE OF CONTRACTOR
A. It is the intent of this Agreement to ensure that the CONTRACTOR provides a timely quality level
of services. To this end, all complaints received by the Emergency Management Coordinator or
designee and reported to the CONTRACTOR shall be promptly resolved pursuant to the
provisions of this Agreement.
B. The Emergency Management Coordinator or designee may levy administrative charges for the
following infractions,
1. Failure to open pre -storm identified sites within three (3) calendar days of after being tasked
by the AUTHORITY liqu'ldated damages of $10,000 per day for each day not opened.
2. Closure of TDMS due to CONTRACTOR equipment or operational failures
liquidated damages of $25,000 per day, for each day site must remain closed.
C. Failure to provide back-up grinder(s) within 24 hours of equipment breakdown liquidated
damages of $2,000 per hour per approved grinding hours of operation per day.
D. CONTRACTOR may also be subject to non-payment and liquidated damages of $too for each
occurrence of the following infractions:
Agreement No. 22-201 B -34-
Benda Item #4. EXHIBIT "A.))
1 Failure to provide audit quality information by 5-00 p.m. of the following day of
operation .
Z Loads not properly tared or otherwise covered.
I Mixing debris hauled from other sources with debris hauled under this Agreement.
4. :Mixing vegetation debris with C & D material.
E. CONTRACTOR may be immediately terminated and not paid for the following-
1 . Collection of any non -eligible, non -AU THOR ITY approved stumps or debris,
2. Mov*tng to another designated Collect -ion Service Area without prior AUTHORITY
approval.
3. Failure to provide service in accordance with guidelines set forth by FEMA and the
AUTHORITY.
4. Soliciting work from private 6tizens or others to be performed in the designated
Collection Service Area during the period of this Agreement.
5Alteration of placards placed on certified trucks and/or trailers.
Any disputes regarding Performance of Contractor will be presented to the Emergency Management
Coordinator or designee for review. The Emergency Management Coordinator or designee shall complete
review and make determination within three (3) calendar days. Decisions of the Emergency Management
Coordinator or designee shall be final.
Agreement No. 22-201 B -35- rn 0
agje� u& of 52z
Agenda Item #4.
1
EXHIBIT "B"
IFEE SCHEDULE I
PROPOSAL F OR M 3 P RI C E PRO POSAL
PART A - VOLUME WED PRICING FOR AN CUW YARD �CY) DE-614115 116"TER
ftraeftwnca EvounD wa ftu Ex-fn"
—'-TGmomw 1PERCY
1.0 PuW Pmpeqy and N0dvby6@Cb,m.Lc9ft
ard Haukq tP a A--sqvitd TDM %
A vsaAlboc 2.500AN uv W25 $20,.625.000-00
6 Co-Wuloo Debm i Mxwl Nbis sx.ow cy SB.25 $4 p I 25tOOO DO
2-6 TDM5 Weratm tc wA48 pkremotof man" if
bm , Wabe Wish W"kv o"ft OW adpxM 3 wo 000 $0.25 S750 OOD.00
fflW*sMdMdhvhw4 . d*1 I
r: F.,10 to I Ps. P" PNM I Redamom
3.0 bon ire utimnddilwathso4g oorchoft 2,SM.000 Cy $3.40 $8.500,000.00 . rd
- --W- -
Po
4.0 LoadWrj. had ard ospmrigAcod dho; s to A* 1X0,000 $B.750.000.00
deOxwbw (Ms felt kwfudes Ms sal co5V-
5.0 LoWN OW Wing ot Wns7v*)n debns arida rro ad
defts km IM lo a perrnM WJ mqdng faWity o(
any *w dougmted Disp -�mA Fes'- this r@&LW
ad inclu& d1sposif cu". Bond on miw k"
tIMS to firm sdmidon- I wad
A 0 :s 20 mdt-s 560.000 $4-40
F; > 2D s 50 rria 1 5XWO Cf $5.50
L; 50 5. 1,00 rr ks WOW any S7.80
AWRACC (km 6,0 AAO $5.90
Amuce, (Om 5 0 4C4, X 5W.0W CY 2,W DW00
ToTAL PROP OM INK E I Re" $ 0 - 5 0) $ 45.7() OT 00
PROPOSCR N-W—T P--jR'O-K-DE —PPVM FC-k—RAL L UNJE I TEMS I THRU 0. PA&MM TO 00 $ 0 JWA Y ROOM YOLIR FROPOSA L TC) OE
DFFMED NON-A13PONIff
Only Pkns. whas dhwww indicated shall m-lude al k6w (oper Mmm. Morin. mxwwwn) and wakw;W.-% bncJw&ng W not
raft b- suppbu, uppnerl rnatrAww", repairs re* partA hAs. kArkaft. eddo ohmm ri aid hoLsM
d "Weck nwWay b sommoM ft Projel The MArOvs wyl d4bAwls W* som bF 0* pwpesc of nulksg an
swwd Louftirs d des 6919 901ftin 6NtwwWs. mauftal dpne-lw%, roy &ft sArtanMh Ei a-i e"ual d-.;sa*r
Aswvpbm 3,8W,0M vAso Vw* of debr* coms* ai 25W ODC (ubw. var-& of vL*Q etabw &bns mvi SM.= cubc ywds
of mmw 11111111b 2 4
RFPNb 22-201/DL
- Rev 39-
2022
Agreement No. 22-201 B -36.
Benda Item #4.
Q0001km41
KOPOSAL FORM 3 - PRICE PROPOSAL
PART 8 - HWRLY FLAT ES
TE) VS Sir-U P AIND CLOSURE AND 0 E016 C LLkRAhC[
F(* ACC ESS - OPI I OhkL USE BY CONTY AN C 01
HER OCN8600MAIL EWMiES
EMIPMEIlk? ANn LMM
RATM
HOURLY
HOURLY
TOTAL
Ewpwmr TYPE
EQUVkfxr
LABOR
HOURLY
RATE
RATE
RATE
Botcal Loader
9000 1
36 OD
128 CO
Crew Foremw 0 C44 Ph om aM Rckup
2000
48-00
68-00
Over, T—eCked, D6 or spAar
100,00
3800
138 00
Dow, T wkeo, 06 or sniar
110.00
3a,00
'I:00
Ooze. T ww, D7 or shilat
125.00
39A)0
163,00
D07er, , Tiacked. OB m sipmg w
05.00
39-00
1 T3 (X11
Dump 1 'Lck 16 CY-20 CY
130,0D
WOO
so I
Dump INxt. 21 CY-30 CY
7ru.00
38.0o
109.00
Gweralof a-d Lip" (6 kw
315,00
0-00
35 W
Grader wl 17 Bb*
15D,00
38-00
180-00
Hy0favic bruavalor, 1.5 CY
130-00
38.00
168-00
!:# jd rauflc Excivalw, 2 5 CY
140.00
3800
178.00
Knuc*ebxr, LoM&,r
18000
38.00
21e-DO
Labofer *1 C 11"ain Saw
10 Din
38.00
48 CD
Labxer wt ir-al kmb. 149c qDntoI' fiag pemr,
000
38-00
38-0Q
LopwWy Trarp., v, 7radop
100 OD
38.00
138.00
Wraticing Mar W,*r a CeD Phoft and P"up
20-00
GOOD
BODO
'Pcxur., =rud, .5 on
2000
0r000
20 DO
3800
10300
G61 Corr -:) r 61 H P
65 OD
paclp.f to H p
55 00
38 OD
9300
S61 Cbmpactci Tovve-J Upliq.
45-00
38.OD
8300
88 Do
TruJ Ftatbed
50-OD
3B 00
43300
T ut G rir do(. 8DG lo 1 .COO HP
395ffrw�
38.00
v4a,w TFUCK
65-00
3800
123 DO
VIA keel LoaJef, 2.5 CY. 95LO or Filar
158.00
120,00
F-13QDD
M 00
fteO Loader, 3.54. 0 CY. 966 or smwLy
38-0c
$68-00
Wheel Low, 4.5 CY. 980 Dr similar
140 0)
38.00
17.5,DO
Mica'. Load&-Ba&boe, 10-1 5 CY
65-00
qa.w
4 .23.00
Oth*r - Please UA
T
Mach 904imal s neef m7h squoTmN Wand h1bof Wes 1�
Push Crew I kWer or skdstwr,. 2 sa&anu s. I f cireman -- $30,00pef hmjr,
IMF P No. 22- 2DlQL .40.
jar-luare d'!'M
a -
iAgreement No- 22-201 B - 37
page-8
Benda Item #4.
AVI"M 600-
11
PROPOW FORM 3 - PRICE PROPMAL
PART C - UNIT COST SC HE CLA F
upin
ITEM
KhLARDws STijup W moyAi, HAuuwj AM DISPOW
Uptu
CDSI
1.
244rch &weter to 48 99-inch dew*tc,
5lump
Z 49-1%t ciarvv and greaser
Stun
$460
I
lurip F J Dil. - FIN die fix strM h*s WWt rwnw-A
1$20.00
HAARDWSHANGIM UNS's IHMIGERS)
To inckke rrn-eva, ci aA hwqng lImb-,
URft lo be W aM p" w the r9W al wa � f3f cdV2chGn as de�
4
in &meter and grestai
-00
HVARoous TREE Riwwm.
as
5
64rch Smi* b t 199- M6 d'fjjj'1%j?tF6f
I uv
W-00
S.
12 uich donaw So 23 9Nnch 4al liv le,
7
24-mEh do wit I* 35ASknch d a roeter
Tree
$290
364rkch ft Inip jo 47 W. ic-h darrow r
Ifee
$340,
S.
—
48 rich ftwour aid greaiw
hoe
1$400
NOTE
TK- INkwV is riomwAim o* &-od wAl NOT be czrw:kmed in t* evaliaum of ft RF-P
The XOTHORITY rswv" IN right Lo use IN% wnbW to haf4le srmll quath" cO desbns wmval and as s4Kwt fa ow
F wilvvs@ Cm*ub n r - - A - Be4o* is a dWy rok b tamove debrLs I he AUTHOR[ I Y Vd pV kw t�e d1poW
a w rejawrmt,lo provide a tote hmvew gym do, we WILd 12g Enpn to l on 3r this sgLC21 wrwz " teWnd wft
48 txm" st On mb bi6rh
C 011 tC IRM BFN W F ON LY
Day RATE
Kr%"vbvw0i LOWW� Mid L pwst% S 3.400-OC
PFP No 22-20 1 0L
I �e-w 4 1
jammy 2022
A -
Agreement No. 22-201B -38-
M 1:
Benda Item #4.
ATTACHMENT "A"
SOLID WASTE AUTHORITY
OF PALM BEACH COUNTY
7501 North Jog Road
'West Palm Beach, Florida 33412
Telephone: 561-640-4000 o Fax: 561-640-3400
TASK ORDER
DISASTER DEBRIS AMNAGEMENT
In accordance with
PBC, Florida, (AUTHORITY) Agreement No._
and Disposal dated
performed on the project as described below:
Project:
Specific or to be performed:
TO
Task Order No.
—(Contractor) contract, with the Solid Waste Authority of
for H urri ca ne/ D i sa ster Debriis Re mova I , Reduction,
the AUTHORITY hereby requests and authorizes the services to be
Duration of Work (include Start Date, End Date and Total Calendar Days):
Method of Payment:
Estimated Cost of this Task Order -
Contractor Signature:
AUTHORITY Signature;
I SMA Requestor/Monitor:
SM Dept, Director:
Vendor No.
Purchasing:
SWA Use
Accou nt No.:
Budget:
Date:
Date.
Date:
Date:
Project:
Accounting:
Agreement No. 22-201 B -39-
Benda Item #4.
ATTACHMENT'S"
�� II
f fp"
ir
i r L
stlp 7,
1 9w
npl Street Sruthl
Maino
� 5
lz SWA DEBRIS SrTES 2022'
Service Armes
sit 4
lu
Indiantown Rd JUDk0f DT
nd
T a LZi
v
C
JZL
41
Sty to Road 80
6 Fix ev ti L I MA
L*xs,hv%z"is
nari WAdid
RWItpue 3
■
Lantwja kd
W& -""S r
Tra n s fir ta t 10"" D I
'iiLan a a Rcr
In
w w AOMP,
.Ave W Li nton 8lvd
-4
L W Yamato Rd —
�n
Gades Rd
ZL;
I
Ccxal 8prings a 2 4
0 1 1-4-4-4 1 MileS
r, Ird
Agreement No, 22-201 B
-40.
Agenda Item #4.
ATTACHMENT ldc"
PUBLIC ASSISTANCE PROGRAM AND
POLICY GUIDE
The Public Assistance Program and Policy Guide, Version 4, Effective June 1, 2020 (see hyperlink below) is
4
the most recent reference material that will provide additional informadom,
https:flwww.fema.gov/sites/defaultlfiles/documentsifema_pappg-v4-updated-links—policy-6-1-202
PROJECT MANAGEMENT
Project management begins when a disaster occurs and does not end until an applicant has received final payment for
the project. Good project management ensures successful recovery from the disaster, expedited payment of funds,
and more efficient close-outs of PA Program grants.
Record Keeping
It is critical that the applicant establish and maintain accurate records of events and expenditures related to disaster
recovery work. The information required for documentation describes the "who, what, when, where, why, and how
much" for each item of disaster recovery work. The applicant should have a financial and record keeping system in
place that can be used to track these elements. The importance of maintaining a complete and accurate set of records
for each project cannot be ove r-em pha sized. Good documentation facilitates the protect formulation, validation,
approval, and funding processes.
Ail of the documentation pertaining to a project should be filed with the corresponding PW and maintained by the
applicant as the permanent record of the project. These records become the basis for verification of the accuracy of
project cost estimates during validation of small projects, reconciliation of costs for large projects, and audits.
Appticants should begin the record keeping process before a disaster is declared by the President. To ensure that work
performed both before and after a disaster declaration is well documented, potential applicants should:
designate a person to coordinate the compilation and filing of records;
establish a file for each ske where work has been or will be performed; and
maintain accurate disbursement and accounting records to document the work performed and the costs
incurred -
The Federal Office of Management and Budget requires grant recipients to maintain financial and program records on
file for three years following final payment.. Records of grant recipients may be subject to the provisions of the Single
Audit Act, as described on page 117 of this guide, Applicants may refer to the Applicant Handbook, FEMA 323, for
additional information regarding record -keeping.
Agreement No, 22-201B -41 -
Benda Item #4.
ATTACHMENT"D"
MOBILIZATION SCHEDULE
CONTRACTOR shall commence mobilization of equipment, operators, and laborers imrnediately upon receipt of a
Mobilization Task Order to rneet the progress paftem set Wow
Category 1 & 2
Category 3
Category 4
Category 5
Within 24 hours
25%
25%
20%
15%
Within 48 hours
30%
30%
30%
25%
Within 72 hours
40%
40%
40%
40%
Within 96 hours
60%
60%
50%
50%
Within 5 days
100%
80%
60%
60%
Within 10 days
100%
80%
70%
Within 14 days
100%
80%
Within 20 days
100%
Agreement No. 22a B -42-
Page 90 of 52
Benda Item #4.
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Agreement No.: 22-201 B
Benda Item #4.
this ooftad. The pcoviskrm of the Amencans evith Disabil6e!s
Act d 19W (42 U-S. C. 12 101 et seq l, set forth under j18 C F R
35 and 29 CPR 1630 we incorporated by reference in ibis
ci:Hityw- In the exewion of this -contract. the cwtractof
agrees to comply -e. ith 0* fbl lo-. I ng mi n. mum specific
requirement a clivAies of EEO
a. The comractot wiN work wfth the contract rg aqvicy wW
the Federal Govemment to eretwe that it has rrvade every
good f0h effort to provide @qLW qVorttinity vath resDed to all
of As terms and conditions of empkxyment and in their revWe-,
Cif aolivities Lrr the oy*-aV
b, Thie cmtractor %V accept as its oWating policy the
IN k:I -,in g slatement
It is the Pc011cy of tNs Corqany to assure that aWlicanis
are employed wkd that s are treated during
wdtw reprd lo ft* me. irelligiOn- sex CQ4CFF.
nabwW orgilirli, ap or disabIft. Su& ad*n shall indude-
lq)gii-adling, domation, or transfer-, rem ttment or
reanAkrW* advwIl4ft. layoff or termination rates of pay or
o#w forms of ixmperwatw: and sele-ction for Irainlr1g.
Including appmnoceshirp pre- aPprenticeship. armor on-the-
job training "
2. EEO Officw,. The contractor will designate and niake
known illo#* contrwing is an EEO 0MCer -ft v.111 have
thop 1. .. I for *M must be capable of effectively
S&nhstefkV snd primobng an alive EEO pFogrivn and %�bo
must be assigned a&N*me "hoMy and resportsibPRy to do
so
3. Oisseminati on of Policy All nwrkbers of the oontractVs
staff Yvho are &Wxxized to have, stpwAse, promote- and
dischawqe erroiloyees, or who recomrneind such actor, oroho
are substwyfiWly invoNed in ux:h acbmn, wdl be made fully
cognizant of. wo Will imp iierr ieni. I* wntvcw-'s EEO policy
and omradUW respDrtsNoties to provide EEO In each grade
and classffmation of employment. To ensure thail the above
agreement 4111 be rnet- the folk m" ar-bons vAl I be tak en as a
minirntim,
a Perock meetings of SL*wviisory and personnel office
emp4aye4s v4I be condx*d before ** start of vork and emn
not less often Vw once every six n=ths. at which time the
contractor's EEO pdicj and its irnpiw*ntabw Ali t*
reviedaed and txplairied The �Mlll be eoriducted by
the EEO Offk*r.
b- All now uqwviscry or personnel oft* empkjam A be
"n a the MwIlflnshon bry the EEO 0115M, WwiiV
all majof aspbcts ol the conowWs EEO otAigatwo vAthin
Iftirty days folkywiV twir repw" ikx Wy ,%%h &* omractor
c. Q1 pea &Wdnel v*0 a* engaged in direct reoru*nent for
#se prqect ;, ill be in:strwcWd by fm EEO Me; in fie
contractor's proceduM forOngw4 Miring minwkkn
voDmen,
d. Notices and posters s0l;iriig forth the contractor s EEO
policy WIN be placed in areas read) j aoc*ssibl e to e rnployees
applies for *mployrnent and poteriba; ernployees
e The oomadors EEO poicy and the procedures to
implement such policy VA I be 6rought to the atteLmon Of
employees by mean of metings trrployee handbooks. or
01her a ate mead
4- Recruitment: When advertising for emp4oyees, the
contr aclor !,ill include In all iod vertmements for employea s the
notation "An Equal Cipparttwidy Ernroyyer. ' AJ such
advewtisements will be placed 'on publications ham inn a large
circulation amongrninonues and ,,,omtLn in the area from
which the project -Aerk brce -youid normally be derived
a, The contra will, unless precil6ded by a valid
b^VWM�g agreerr*n� 00rdact sysiormlitic Wd direct
nmitrrilent Ovoogh "Ic arod p0aft ern ploy" refen-al
swces HkOy to yield qualified n*wg*es and women. To
mftl this requiwnem-, the tovitrador vdill khw&y sources of
potential m1rxxity gricoup employees, and edablish, 6%ith such
identd mxmces prooedures Miemby minority and mxnen
applicants may be reWyed to I he ooiwactow for employrnel,
b In 1he event rhe cantraclor has a valid bargaining
a9feemeni providing for exclurwe hiring hall referrals, the
contractor 1:a expected to a1mrve the provisions of that
agreement to the exlerd OW ft system meets the contractor's
compliance with EEO mntract PfoVISkM. Where
impl;emen-Cation of such an agreement has the effect of
dies c"inating against minorities or -,,*men. or obligates the
con(racto; to do the same, such implernentaticm violates
Federal noMiscrimination provisions.
-c, The contractor +%Iill encowaW rl:S pfesent emplu,� ees to
Mer mirKwitits and wDmen as applicants fw ernpllo°Mient
Information aM procedures with regard to rdeffing such
a pplicant5 wN be discussed,40 employees
5- PersowW AcOons, Wages, wwking condtliw:s, and
empiloM billinefits shall be established wid administered. and
p"onnal aefions of every We- lWud[rQ hl6rV. L"Fa(Arig.
promotion, Vwsfer derv*one layoff arwd lefmination, shall be
taken Arithout regard to race, coicir, religion. sex, national
o6gia- age or drsabilay. The follovang pf-ocedures shall be
folit�o-*d:
a The cwtrai;W vAl =duct period is i nspection5 of pqect
sales to hKM #W vi"ft Conditions and employee facilities
do not in& discriminmoiry treatmem of project site
personnet.
b The oontradar %*f*Hodic,&alIy eVal'Llate the spread Of
wages paid -^ithiin each clasVicMilon to determine any
evidenc e of discriminatory %6,� pradk>es
c. Tie wMamor ---al I pmiodic4 I y review selecWd per sarvW
active In 6Wh to detorline v.,hether there Is evideme of
dh*"ina. Wtwe evidence is found, the contractor A
prompfly take oxmdNe action. If The revie..,. indicates that to
discrftnaitiaon may extend beyond the actions such
ome&m sc6on shal I onclode all affected persons
d The con actor Al I pircimpty Irwostig-ate al I cocrip la ints of
all discriminaWn made to ow mintf Wor inn conneoton
,eAdh its ebigations under this Conaa Aill, attest to res�ve
IL*r,,h wmplaints. and mill take appropriate couective actioc
vftin a reasonable time If the irvve!sfiQ0on indicates that the
discr0iination may affect persons oftr Own the complainard.
:Such Correct ive acliw shall inclueLt such other pomms. Upon
Completkm of each investlgMon. the contractor Al kftrm
every complainant of a I' of Ineit avemies of appeaf-
6. Training and Promotiom
a The cionlratior %AjIl assist in locatlnq. qualifying. and
Inc real InQ the 0-il I s of minorities and - i%*meri -..,,ho are
Agreement No.: 22-201B
KM
Benda Item #4.
WOPealls for enrip"ert or current empkyyeea. Suich efforts
swould be armed at dev"ng hAl jow*y IeMstaM
employees in 1he type of tirade ix job dassification invv,� -e cl.
b Conusten.k.Tth the. cccitracloes wor* force requirements
and as permissible urxW Federal wW State rtgulactions The
coontractor shall make ful use of train0iq programs, 1.e
apprenticeshtp and on - training programs tar the
gec-gaphKa area of contract rkffnance. In the e-ienl a
-special provisior. for Ira ining is provided uroklr this co act
Thrs subparagraph -oall be superseded as Mcated in the
special provision- The contracting ageaW may reserve
training Positions for perjorm 4* roc*iya vAWare assistance
in accordarvr* wo 23 U.S.Ci 10a)
c. The contractor vvill SCM*.e empioyeies and applicants for
emploflneni of available Reining prognwns " entrance
mqker 7ts fix each
d. The conovaor will , 1 ri: 1 -, p Por rev -,- the training and
piornotmon pole al d �s ...ho are minorities and
woman and wo encourage *I igible ens plc yees to apt for
su& trairilng and promotion
T Unions-. It the contractor relies in -..hole or in part upon
Lff*m as a source of employims the oowwa use good
faith afk0l to obhMn the a=perat,on of such union to
11106M -WkrAw for mraribes wW wwrien . Actiom by
the cor*630r, e#w directly or throLO a conbacux's
SSSDCW*M a as agent. WN 1WX*W* 0* Procedures set
forth WOW.
a The =*acbx mill use good (Mh effons to deve4, in
emperahm %Mh 0* ur*=. joint tf amog prWams akrwd
taAard qualify mWe MVOUS and wMten for i t wobasil
FW
in the unions and iincmasilrS dw skills of minonties and men
so that they may qualWy for Ngher paying ernpkVmM
b- The 00ftacW v41 Wegood faith eflGris to inc*rpofate an
EEO dause into each urim agreemeiu to the eM that such
W*M %* be CW&8cbA* bound to refer apiNicant5 .i. rth-oul
regard to ftW rMe. 00110, re!pgion. sex, national origin, age or
diuUity
c.. The contractor is to obtain infomation as to the referral
ptaicticers aw polcmes of #w labcir unite except that to Me
extent such ififormMion is within the exdu -we possession of
the labor Union and SuCh h6w union mkises to furnish such
it a [ion to the C**W0X ow *WdMdCf shall so cmfy to
the coo r acl i rV agency xW shaM *M fcwth %%-ftat eff0ft haw
been made to oblain such Wdimrifton
d fn the ev*m 0* urim is urmb* to pr&AM the contf actor
%1h a reasm" Raw of Wen2W),%+Nn ft *ne limit set (cwth
in the cdleMve bwgakft agreemena, ft writracwt Y,,i I!.
through indeper4ord rwud men[ effoft, 141 ft employment
vacamles -v-lthots rfgwd to we. color. relow. sex, rwwa!
origin, age or diuhfty' making full effon s to MWn quagmW
and rofqua!ifiableminordiesaril .%omen The failuraoil' sunion
to provide muff icient referrals ii even thouo it is obl ig ated to
provide excluspte referrals under the tems of a edJective
bargalning agreement a does not f el fie v#-L the coft-selciir From the
requk*nvbnts of " paragraph h V* event the union referal
practice prevents ow oontracux ftwm meeting the obligations
purmaW to Executive Order 11245- as amended and these
"cW provisions. such contractor shal, ornmedoate4y nol:6 the
contraeft agency-
8, Remombl* Accommodation to; Appi Ica nts I
Emplayms with Dis"ities- The con 1i actor rriisd bo fam 111 ar
,.,.M the requirements for and comp4y wO te Americans -with
Disabilities Act and aU rules aM reguWfiom estaNished there
under. Employers must providle reasonable aomnivroodation in
atl emplcrymw abes urkss to do so %,ould -cause an
undue hardship
9. Selecti on of S tsbcon tractors. P r" urement of Materi als
and Leasing of EquipmenC The contractor shall nm
discrwriinWe on the grounds of race. solo r refi gion- se A.
naftull m age or disability i n the se I ection and retenti an
of s4.rbowill1raclors. including procurement of mwteria]Sr and
leases of eWipmeiiv. Thee contractor shall take al I necessarj
and reasonable steps to en ,re nondivAM*m0m iin the
administration of this oontrad-
a The o:�ntracW"l rx9ty -all poWN and
. Wwwax 5
5 uppl fiefs and WWM of Owk EE-0 z6ftatkris, LMdW this
contract
h =CV00W V41I use good faith eff oft to ensve
-5 ubcontraeW �e -vft their EEC) obl i gabons
I Oi Assurance Required by 49 C FR. 26.131b):
a. The requirements of 49 CFR Part 26 and V* Sty
DOTs U S OCT-Wpiroved DBE porogram are MOFWate-d by
reference
b. `The ftactor cx subwntracilicir shall W d-scirimminate an
the basis -of raoe. color. rational oir4in, or sex On the
pedoml a rice of this comact- The twtr&dxshall c&Ty out
applicable requiFv7wt!i af 49 CFR Pan 26 in I he a-aard and
adrrinistratkm of DOT -assisted contracts Faftre by the
contractor to carry W V*u requirements is a material breach
of this contract, which may result in flie terrninalkm of this
contract or s Loch other renroedi as Me contracting agency
deems appropriate
11. Records and Reports. The oontractof sh all ire" such
records as necessary to document cornpiance Ath Un EEO
requirements Soch re*xds shall be retained for is penod of
three yeam fdlc� g the date of the fina payment to ft
c ontraoWr kw all �ad v4flk and Sha 11 be avalliaWe at
reasonable Irtles and places 1cw inspection by authonzed
re.Wesentatives of the conlraciiing, agency and the F MLIVA
a The records kelm by 1he contractor shall docurnerd the
il"Niom-ir19
I I l The number and vr.4 hours of minority " non-
mirionty group members. and wornen emplaced In each °Aof*
classification on the protect,
12 M The progress and efforts bei rvg made in cooperation
,0 unions A apwpl�able 10 increase employment
oppairtundies for mincinties and womem. and
(3) The prWess and aeff orts b" made in loc-Ming. NOV.
link , qLaWymq. zM upgrading rminarittes and women,
b The cal1racbri and subcontfactoi5 will subind an annual
report to th@ co agemy each July for 1he &rafion of
the project. indicg the number of mmority- -aornen. and
non-miviwd grow employees currentl y "aged i n -@ a ch -voork
classification required by the contract vAx*. This infcwmatkon is
to be reported on Form HAVA-1 391 The staff ng data shcKild
represeril li-ie prooct work force on board n all or any part of
the last payroll period preceding the end of duly_ H on-the-job
training is being required by special provislim. the contractor
Ag reeme tit No.. 22- 2018 -45-
Benda Item #4.
vall be r*qL*W ho. COWW aW "OW tra"ng data The
enVk)ffAM d= sftid r~ Ow wa* force on board du rprig
all or any W of parom period' preceding the end of
jul�
III, NONSEGREGATED FACILIMES
Thrs provisk)n is app'Acable to all FecWaJ-aid c*nsrust ton
cwM5M and to all ralatied construction subcontracts of
$ 10.0w or mom
The ooftackv me ensure OW Wirties provided for
employfts am PrOYWW n such a M&)ner Vial segregation on
t0e basis of race, coW, rellgk)n. w cot national ofigin Pzrin.tA
result The CGr"ftjCft( may noeithw requi.re such segi-egated
use by %rlen or, aW pabcjes mx ale such use by
employee custom. The conewtor% obligation extends kwttw
to enmxe d-wd ft employees are not assigned to perform Vvk
weviliOn at any location. uWef the contractor-s conto. where
UM Wilillms we segregated The term Jacilimes' irk
wW&V rooms. weir* areas, restaurants arod other ealft .
tirr* clocks restmoms vyushroavrW 10der roorm. aM 04h&
storage or dress ft &am, ped ka,Winking mains,
recires0m of emeftlirwrwo amm 0 & pvuWm wW hou"Q
providtO for employees The contractor shaM puyvAe separate
or sinoe, user resvows armJ necessa r� dressing or skmon I g
areas to assure privacy betmLhen sexes
IV, DAVIS -BACON AND RELATED ACT PROVISION$
T" se&AM is SMAkSW lo all Feftml-aid construction
projeft exweft 3ZODO and to all related subcontracts. ar4
0 __! —I (emu of subcontract step The
requiremerift ao*W SM pnolects loca*d -AftW the night-d-
.ol. a V of a road,: -ay ItW is honal ly classes as Federal -aid
high, --ray This excludes road,.-,,aysluncton$Nyc[assitied as
Foal roads or rural minor oNlectoirs. °ehFch are exempt.
Conlracting agencies may elect to app`y 11hese iequkeimenis to
Other P"eCtS
The folilueing provisions are from t* U.S. Department of
Labor regulations in 29 CFR 5,5 -Untract pro ions and
related MaUefs- vTth m i nor revisk)ns to conform to [be FHVV A -
1� 11 3 kwmaj and F+-NIVA program dui rem ents,
1. Minilman wages
a. All labomm " mechanlcs empkyW or YxAing upon
the she of 1he ,:,ork Aill be paid uncordi"lly and rat less
afton Mari on a reek, " wft"A sUbso*wt *ducWn or
rebate on and a ccou nt re' OW such Pa yrW d4dWebons as iii re
permitted by fegu I a tjoris issued by the Sea` of Labcr
under" Copelaad Act (29 CfR part 3j). ft.Uarnountlot
-,-P-agies and bona fide fringe benefits {fir cash *gLitvallents
thereof , due at time cif payment compAed al rates rxA I ess
than those contained in the,,-iaqe daMmination of Die
Secremry of L&,,!)F .which is aftached hereto anc! ma& a part
hweof, nigaingns of any Wntractual relationship ufth may
tie alleged to exist bet.., een the contramw and such Wbows
and rin"hanitos
Contnbutions made or costs reasonabry ariticipmed for bona
fide flinge "nefds under wt.ion 11 bX2 } of the Davi s -Bacon
Act on behaN of laborers or rri-echo are oconsider-ed
paid'such lab rers of meOana, Subjed to the pr3vislarls
of Patagrwh 1. d of Oft woon. also. regulw conMbk *ons
made or oosts ncwmd ftr more thw a weaMy period (but not
less often than quarWrly) under plans, funds. or programs
whk�h cover 0* parbWarveeekly period. are deemed to be
MMMKtw* made CW incurred dun n g such weekly period
Such la boors and mechanics shall be paid the appropriate
.,rage rate a rod kNe benefits on the %,,aW detwmirmWn for
I he c assdication of work actually perfonrned, out regard to
skill, except as provided in 29 C F R 5. 5., a Y.4) Laborers cK
imechanics pig' ormiog worlk in more the om classdicatiori
may be OMMWsated at the rate sped for each
dass&&OW for the Jime acluallyv.vked therein Provided.
That ft empbyef's payroll records acc:Lralely W ton h the
fim spent In each cilassrficaban in --vy-hich work i&p*d0MWdF
The w*ge determination (including any additlonal dassfficgli
and w%W ;ales conform 0 under paragraph I -b. of this
sed$on) and tfi-e Davis-13 aeon pasftr (WH- 13211 shall be
p0sM4 at M times by the contra air onell ift sud ontractors at
the sft d 1he .vor* in a prominent and accessible plaoe where
At can be easily seen by the wcokers
b i , I � The ountracOng officer "I require rM my elms d
laborers or mechwvcs, incloding h0m. vhch is nX ISM in
the 6,age d-eteffninabon and %%,hich is to be enVkyyod undw
oontrad shall be classified in conformar4e with Vw wep
detafmination. The conVaclliing officer shall approve an
add iti anal cl assilifiWion " wage rate &W %Xlle benefits
therefore only, m6en the follcvAng criteria have been ml
(i) The work lobe pefftmirmed by the classifkabon
recloested is not performed -by a el"sifiocatoon In thes wage
determination'. and
�, 11 20, The dassAulow is uttl ized in the area by the
construction in-dustry, and
i iji,i The proposed wage rate, iroftfiV any bona fide
ft I we 1efits. beam -a ireasm" eeWkx hip to the
rates wntained in The wage detar mlnM�.
4 2 j If " corAr8dior and the 'Naborffs and nwKimm*3 to b*
employed in ft dmificatilon 19 knc-,mn). or heir
repire-sentattv". wW the contractmg officer agube on the
dassificallim and wep rate (Ww4L&V &w amount
designated for %V& benefils wh6m aMDptiate', a roport d
the action taken shall be seal by " oonilrKbng offiosir Io Ow
Administraw of tt)e Wage and Flour Division, EMp4 oymW
Star4wds AdmiNstration, U.S. Department of Labx,
W&Wngllon, DC 202 10 The Admirli4stralor, or an aullhoilized
niqmerbllive. All approve, nvddy. or disa"irove ev"
addfliciinall classftation action -.4ithin 30 Up of receipt and
so advise the owtracting dicer or wil I nobly the contracting
officer Mthiin the 30-day period thal add lbonal time Is
necessary
(3j In ** event the contraclor, flv laborers or meeharoc75
to be em ployed i n the cl assif ical ion or their representatives
and the corwaa rig officer do not agree on, the pA*OW
cliassification and -..age rate �rncluidinq the, arrilount
&-sigriaced for fringe heLnefits -.-htre appropriate), the
contracting &ker shai refer the quffstims, inclu&V the
vie -Fs of al I lnlere-sWd parties and the recommeridation of the
cwtracting officer, W the VVage and Hour Administrator for
determination The W age am HoLw Admired StratOf OF an
Whorized representative, Al PSSL* a determinanon -.%Ahin
30 dMm of receipt and so anise the contractitng of"icer or
Agreement No.: 22-201 B
-46-
Benda Item #4.
will noddy the cantractrg officef ,vrthm the 30-day period thal
ad&ional time necessary
J41 The .,Ajjp r*.e j Mrluding frirge benefits .-. here
aippropfiate i determined pursuant to paragraph s 1 b 4 2., cor
1. b.; 3) d this sedwfl. shall be paid to all-morkers peftmii ;ng
-wcxk Iri the c I ass ftation. under thiS contraict from the first
dsry on �&twh is pedcorm-ed in the classift0on
C VVhon&mr the minims wage rate prescribed in the
coat for im dass of **W& Ot msdWocs includes a tinge
benefd %,.Ihi ch r9 not expressed as an hourly rate . ft contractor
$-hall e[IMF pa- i the benefl as slWted in du w-age delerminabon
ur shM pay AW#W bona fie f r ir,9 e, b&WR or an hourly cash
equivalent ftreO.
d. If the oomactof do" nol make pvfltwM to a trustee or
othw avid person. the cwtractor may corakhw as part of the
wages dany laborer or nvKbwoc the amount of any oosts
reasonably anbellpated in pfovildhg bona f0e fnNe benefits
undw a plan or prcgrarn, Provkled, That the SecretarY of
Lsbor has fowd, upcin " v.Tiftn request of the contracloir.
#W " apphcable standards of the Dais -Bay Act have
bew. met. The Secreiiii-yof Labor May require the cortfactor
So W aside in a separate acownt assets for the meal ft of
oWigations jr4or It plan or program
2. Withholding
The contracling aA-%y shall upon its adjon or upon
.oitlle,i request of an authorized represenlative of the
Department of Labor, e4thhold or cause to " mthheld bm
the contram urde this c*ntracj. or any otlier Federal- r 11h
Owtract wth the sarrie prime contractor or any othff federally -
assisted wftaict sijbt to Dsws-Sacon preval I ing
recire rr*nts, vvtkh h3 held by ft same Prime contract,,w so
mudirt of ft � payments or advances as may be
Oonsidemd necessary to pay taborers and mechanics.
OdWing apprentices. tiraliiriees, and helpers. employed by the
contrador or any suboontractof the full amouril of -..N-ages
re Ruined by the Owkact In the event of failure to pay any
laborer or mechwk. Including any aWerffice. U*r**. *f
helper. empdoyed or woNng on the site of the wxk, all or part
of thevears re"red by the cordract. the contrwing agency
MAY, after %Titten rK*m:,-, to &Fe contraclor, lake smh Wton as
may be necessary to cause the sqjsMnslon of any further
payrnenl. 20vanct. or guarantee of funds until such voolail*n5
have ceased
3. Payrolls and basic words
a. Payrnis and basic records relating thereto shall be
rriaintalr*d by Uve contractor dunthe course of the ,,.,Dril% and
preseved for a period of three years thereafter for a laWrers
air rnechvics w"Ing at the Me of the vvt Such M1-00f&
shall canWn the name. address. and social secufity runt of
each such vw-ocker. tirs or her correct dassification. hoxiy raws
of -.%-ages pawd (including rates of conbibUpons or costs
anticoated for bona fide " beNft or cash tWivalents
ftwfol'the W-sdesOrbWihsecftn1(bX2XB)c1ft
Dam-B aom. Act), daily aid VwW* rwmW of hour oorked
deductions ma& and actual waglies paid. Whenever the
Seaetary of Labor has fox4 under 29 CFR S. 5� eX 1 Xi v that
0* aages of any laborer or medwic irelude the am of
any costs reasonably anbapated in providing beriefft under a
plan v program descnbed in section 1 (b)(2 X B) of the Davis-
Bacor Act the contractor st%ali maintam records -Aich shaw
that the commitirnent to Mvide such benefft is enforceab4t.
that the Oan or pDgrarri Is finwclally resports ble. and [bal the
plan of prWram has b"m commounicated in -,,aifing to the
laborers or rnechanics affected. and records '1.hFrh shcwthe
c*sts anlicipated or the actual, wst in wirred in providiN such
bear h Contraclors employing apprentices or lrak*es under
approved prograrris shall maprrWin evidence of the
reg*tration of apprenliceshop pro rams aN r."rafion of
trainee pmgrams.- the reg'siration of he apprentices and
trainees. and the ratios and wage rates prescnbed in the
applicaNe prams
b.(1 I The contra ctor shall submift weekly fix each -,�,*ek in
which arty contract ecork is pwadocrined a coy of all payrolls to
ft conitracung agency. The payrolls,sOmMed sal sel W
aamniftly and completely all of the information requilred to be
niant2kwd under 29 CFR 5.5�ay,3)(P), except that full social
security numbers and home addirciam shaill ra be induded
an week)y bwomKial s I nstead to prjroft sh@M onily r**d to
include an kKb**,Aal by identffft nun *W 1Dr each employee.
o-g. , the Int four digits of the errployev's social security
rwifter). The -required -,..*L*ly payroll twkwmation may 6e
submitted in any form ckesired CqAonal Form WH-.347 is
avoilable for this purpose frorn ft Wage " I-W, Dvision
Web she al,
or his successor sft The prime contra is msponslUe for
ft submission of copies of payrolls by all subcontractm.
Contraclors and sobcomadors shaft rnairKain #� full soda I
securfty ramW and euirr*nt address of each covered wo*er,
and shall provide tom upon request to the oufAracting agency
for tear its to the State DOT. the FHWA or the Wage and
Hw 14vispon of the Department of Lahr for purposes of an
investigaWn or audl of cornoiance -Mih prevail irig wap
requirements. It is not a volioW of thil S60an for a prime
contrador to require a suboixtractor to pnwide addresses and
scocial secudty numbers to the prime coftacwt for its awn
mcords, oithout v,eekly st), isOan to DW contracting agency
(2) Each payroll submMed shall be accompanied by a
"Statement of Compliance,' Signed by the cw&actor or
subcontractcw or Isis or her agerd who pays or sr, es the
paymeri.1 of the persons ernployed under ,the contract and shall
oeftfy " folloMrfg-
Tat the payroll lot the payroll period -cmtams the
infoi-maboiri required to be provded under §55 (aX3)(16 of
Regulations, 2S CFR part 5. the &WOpriate ilnf� is
being rnahWined under §5.5 (aX3Xi) of Regulstkm. 29
C F R part 5- and that s uch 'PrWomiatw is correct arind
cornp!ete:
(11) That Wh I abOreF OF MtCh8niC (hdtX*V e&Ch
htlpef- apprentice, and trainees empkiiyed on ft conawt
during the payroll period has been paid the full mmekll�
wages earned, .�hfttd rebate, eftW directy or h*ectly.
and that no deducticins have been made eWw drectly or
indirectly from the full wapes taroed, Oftr than
permissible dedLiotions as set forth in Regulations, 29 CFR
3:
I iii) ThiM each I aborer or rrA<tonic Kas been paid not
kns thm the -applicsNe wop rages and hinge benefits or
cash eqOvalents for the classification of wwk perfomied
as spedfied In the applicable --mage ds--terminal On
incorporated into the oontract
Agreement No,: 22-201 B
-47-
Benda Item #4.
I3t The fly subirriissixn of a proper ' ° executed
DW6catxm set forth ion the reverse side of Optional Fom'i
'H- U7 shall utsfy &* regLsrement for s.0 bm rs si,on of the
` to mem- I Ccrn pliance' required b, p ar agr aph 3_b. i � cf
this section
(4) The fa's.if cation of any of the al ye cerhfiicatlons m.ay
contractor or subconirwor to cr'wiI or cnminal
pllroilmwultion under section 1001 of bile 1$ and sect ion 1 of
We 31 of the Un d States !bode
c_ The coinra= or mkicanksMir shall malice the recorels
rid w4w paragraph $.a. of Oft seciltion available for
inspecbort, oWyvN. or *macription by authon,7ed
irepresentabyes cA IN coftaoa"g*ncy. . the State DOT, ft
pI WA. or of Latex. a:r)d shaI permit such
represenlati'wes ilo intervie%v employees slur rbg 000rking hours
on Me job. If ft contractor or sir or fails to summit d*
required MxW05 or to rtnake Vrem able, the R-MA may.
after .itlen robc* to the cunt, the contracbng agency or
[tie State DOT* time such action sass may be new to
cause the %. isp grMcm, of any krow y'm". a ranee, or
guarantee of 'fiurids. Furthermore, failure to subr' R ft re reed
records upon tweet or to make such records available may
'be grounds for debarm-erlll: acbm, pursuan t to 29 CF R 5 12
4, Apprentices and tra ms
a renti s (programs of the US DOL f
Appr"oes vAI be pemiod to work at less than the
predeterrntned We for to work fi'M' y pWonroad W4m Vvy are
employed Nirsuart to and ktd'ivkkjaiiy registered in a bona fide
a re-n i ip prognorn registered with the U.S. CtWdmerd of
Labor. Ems i d TrainPing Admirush-atim Me of
ApprentimN9 TrWr*v, Ern plow and I Services. or :';
a State Apprenticeship icy- fecogrimd by 1 mace. or if a
persor) Is employed in leis or hrair first s d probatiionary
employment as are apprentice its such an iWiC*Ship
pry,. is not Indwildualty metered in the prograira bie
beach, CeMed by the OMM of +rthip
Tom, Employer and Later Swvkm or a State
Aplxenticeslhip Agency (fie aepprap>frte) to be elivam for
probationary employmervl as an apprenuce
The aft-sabie ratio cd apprentices to journeymen on the)ob
WM in any effift das sfficabon s hal I not t>e g r+eater than the rah o
permitted to contractor as to the eqlire _cx-k foray under
registered prograrn Any Aory er fisted on a payro:I at an
aepprentift w e rat %ho is not registered or other.,Ase
errs pied as Wiled above shal I be paid not I ess thw the
appl i caVle wap r i on the .,..ate determi n ation for V*
c Ias 0ication of wMk actual I y Wormed In addill ,
apprentioe perfor TkQ .-,ark on the tob site in ex i of
r al is permitted under the registered p rograrn shim be poilid not
less than Veapplicable merge ram on the °.age Menrftolim
for &*,work sctula4y pedormed. where a contracRo+r n
perrfam*V oormtrucWc on a protecl in a locality other than
that In vAich its p*Vam is registered. the rabos and °?.-age
rates (expressed in percentages of the pouimeymarfs hourly
rate i specified In contractor's or subconicadoes registered
prrogram shall be obserded
Ever' appirentice must be paid at nowt less than the rate
specie in the registered program for the apprentkoe's liev ei of
oVess. expressed a a per age of the tournexmtien hourly
rate specified in the applicable eagle detefminat on
Apprentices shall be paid fringe benefits in a nce N#h
the provisi s of the apprwfteship program, If the
arpprentices h ip program does not specify fringe benefits,
apprentices must be paid the fill arnOUM of fringeberoefits
listed can the ,rage de term i n-alpon for ft a pplir,, a ble
classifKi. 0 the Administr or determines that a different
practkm pre is fcr lt+e appli► bie apprentice classification.
fonges shall be paid in accordance vathF that determination
In the event the Office of renbmshilp Trat".Envbyeir
and Labor Services, (r' a StW .+44)prenIi0e9Np AQenCy
recognized by the Ofte- Mthdra.k s approvaill d an
apprenticeship program. The contractor 'tolil rio kxW be
peim Med to 0i I ize ap entices al less than the appkatk
preMi rerrnined rate br the %-.c . perfornv.4 until an stable
prograrrr is approved
b Trainer i programs of the U S L
Except as provided in 29 CFR 5.16, biftm 3 All not be
permitted Io v u* at lees than ft pm&ta m i need rate for the
voork performed u Ness I- y are employed pursuant to and
k idually regisWed In a program each has received prior
app wail. evidenced by formal oeMezMn by the U.S.
Department of Labor, Em yrnent a T'rairmr
AdIrr+inistrati on
The ra o of trainees to ion an the job site steal not be
greater gum perm i ed uncW ft plan approved by the
EmploymeN aN Trainer Adminiistrati n,
EVWY trainee must be paid at riot less than the rate speCMW
In the approved programs for nee's keel of pr y ,
expressed as a percentage of ft journeyman hourly raW
specified in the applicable -,'age r#elerminatron TrairwM s
be paid fringe benefits In accordance 'Alth the provisi+> w of the
Uairose proWam. If the train program des not menlIlkin
fringe benefits. trainees shall be pefd the full amount of fridge
benefits listed on the rF age determination unless the
Administrator of the Wa a and Hour DivAiM 4VAWrr4r s that
there is an apprenticieshiip program asunlaW Ah the
co(respoMil g Journeymm wage rate on the wage
deterrninartion w proviclies for Wss than full free benefits
for apprentices Any enVloyee lister# W the payrol l at a trainee
rate 'moo is not registered and parkip ng in a training playa
approved by the Em plow and Trairwing AdrninistraWn shall
be pad not less Man the applicable waQe we on fhe .%,age
determination for tf'ie classes of v4twk actually performed
In addition, any lrai riee Virg NvoA on the 0 site in
excess of the ratio pe rimmed under the mg-islered program
shall be paid not less Ilan the so-peaVe wage rate on the
wage determination fDr thw )cork actuaPy perkwmed
In bhe event the Employment and Tr Adri'Mistration
Jeit:hdravv3 swoval of a trainprmgI`arrrl, the coetbraiedtor wriil rc
longer be permitted to Aire Iraftm at less dew Ow
applicable predetermined rate Ilan ft work perfcrrneid until an
atc"ableproWarn is approved
c Equal emp4oyment qppWuntty. The utQatiort of
apprentices, traineYes and jourmyrnen under his IpM shall be
ire cordormiiltr with the equal er loynwt opportunity
requirements of Exec utirre Order 11 241S, as ame ride d, and
FR pawn 30
Agreement No.: 22 - 201
Page 9
Benda Item #4.
d Appremices and Trai[iriieft (prW&Trs of t* U.S DOTI
ApprerOxes wid Trainees --orking under appremiceshp and
skill baiNng ip"rams ,hich have been ce3lif4d by the
Seta Df Transportation as pro moll ng EE 0 in cDnnec 1�o
,--.ith Federal -aid high-.-iay =stiWion prWams are riot
subjW to the requirement of paragraph 4 of this Section v,
The straight time hCliUrly 'A age rates for apprentices and
trainees under such programs %ralll be established bi the,
particul or programs The ram of apprentices and Trainee s to
joumeymen shall W be 0-7esler tharl permitted by the terms of
the particular progirarn
5. Compliance with Copeland Act requirements. The
comramor shalli compli olh the requirements of 29 CFR pairt
3. %bicih are incorpciraded by reference in Ihs conlraci
6- Utw-ontr act& The contractor or subs ontracil or shall kumt
Form FHWA-1273 in any subconk-acts and a is require 0*
sdxontradm to Oclude Form FHWA - 1273 in any lo,,,*r tier
suboontimb. The p&M amtrador shall be FeSPOCISIble for the
canp4wm by any suboDritractor or kmw tier subcontractor
%Nilh all Me cc Ma duses in 29 CFR 5.5.
7, CwtMet term In ati on: deba mrient. A breach of the
cantmd Clauses in 29 C FR 5.5 may be grounds kwr termination
of the contract, ancli for d*bam as a wintractor and a
subcontractor as provk*d in 29 CFPt 5 12,
B. Compliance with Davis-11lacon and Related' Act
requirements. All rulings and interpretations of the DaVj%_
Bacoo. and Related Acts cwtairied on 29 CFR parts 1. 3, and 5
are herein incorporated by reference in this conTrael
11). Dispulles concerning labof standards - Disptrles arising
OA of the IaWstandafds provis*ns of this cxwAr2tshall nos
be subje(ct to the gworall disputes clause of thts omtract such
disputes shall be resolved in ace: ordance Y.Ith the procedures
of the Departmeni of Labor set forth in 21a CFR parts 5 6, and
7 E)MptAes -.%Tthin the ream n of this clause include disputes
betAven the contractor jor any of Its suhcDWa0oj-.,) and the
connding nerer. the U.S. Department of Labor or the
emplo" (X tWr rie presentlitive s
I O. Cerl Ili cad on of eligibility.
a. By entering no than convw, the contractor cerldies that
neither it (not he of she j ni:x any person of it -ho has an
i Me" in the contract&s firm is a pe rson or fimi in el i-gi Me to
be arm arded Govemment contraods by ,virtue of sectOn 3( a) of
" DaAs-Bacon Act or 29 CFFR 5 1Zia X 1)
b_ No part of this contract shall be subconlracted to any perwin
or firm inelgible for award of a Gavemment cor*act by viirluo
of section 3(a � ot " Davi's-Sacon Act or 29 CFR 5.1 2(a X i)
c. The penasy for making false statements is prescribed In the
U-s- Cfimrw C4XJe. 18 U.S C 100 .1
V. COI ACT WORK HOURS ACID SAFETY
STANDARDS ACT
Thee fo0o.%ing clauses apply to any Fe feral -aid con5twOm
contract in an ornount in excess of $100.M0 and vut�ecl to the
overtime provisions of the Contract Wock How wld Safety
Standards Act. These dauses shall be hWed in ad dton to
ft dauses requiret< by 29 CFR 5 5(a; or 29 CFR 4-0. As
used in this paragraph, the terms laborers and mechanics
include -vatchmen " guards
1. Ovefiirrw reqlAirwrtents- No contraclof or subcontractor
contrading for any pan of the contract -A ork which may mq ui re
(X involve ffie emploMent of laborers or mechanics "I I
require or permd any such labaref or mechianic in any
wore YeA in A*Jh he or she is employed on wich veork to
work in ex cxm 4(k0y hours in stsch Y-orkweek urvless such
I alter cqr rrWM*MWft receives =nPensabm at a rate not less
ftian one and owhaH bmes the basic rat* of M for all hours
vvTAed in excess of forty hours in such work -week
2. Violation-, liability for unpaid wages: liquk1lated
damages. In the event of any vkolatiw of the dause sm forth
in paragraph 11 ) of this sectpon_ the contractor and any
subcontractor responsible therefor shall be Hatile for *w
unpaid Y�-ages. In additionr such oontravor and suboonbadoir
shall be hatAe to the LWAed States f iri the case of work done
under *x*act for the DIMAct of ColuTha or a terntory, to such
DN*M or to such tefffiory), for limclLilidalled damages Such
[iqmkkded dam.ages shall be conWed wth respect to each
WdWual laborer or mechanic, kicbding watchmen and
gLomls- employed In violation of the clause -set lodh i,n
MapaFill 1 (1 -) of this sWk:4n. in the som of $10 $or each
calendw day on wNch such individwW was required or
perrnitted Jo work in excess of Ow standard .;orkweek of forty
hours withDiA paw of the overtime wages requilmd by the
clause set foM'pn paragr*h (1.) of this section.
3. Wi thh-al-ding f or unpa id wages and liquidated dwMes -
The FHWA or the c4xtacti ng K ency shall upon ft action
of upon wrftn request of an authorized representah�* of the
Department of Labor -Mthhold or cause to be %ftheld. ftwn
any nscn" pa ab$e on wcwni: of wad performed by We
comrador or stbcof*acW under- airy such or Tact or any
other Federate convact vith the urrve prime corftwtor. or "
00w federally -assisted contract subject to to CoMw Wor*
flours and Safely SW,4wds Act, which is. held by W* some
pilau contractor, such sums as may be detemimed to be
necess ar, to safiSty any I iabilities of such contractor of
subcontractor for urea id -Yag" aW hqklidated danwps as
provided in the I a use s et forth in paragra ph (2.) -of this
secw
4. Subcontracts- The C*njrW0f or wbcontfadof shall insert
in any subcontiracts the tlause-s set *Drih In psraVaph I I i
tWough � 4 1 of this section and also a cWso requnV Vw
subcontractm to include these clauses in " kx*w tier
subcmtr acts The prime cm for -shall be resporabe for
pliance by any subcoillraclof OF lower- tier *WXXWft0W
-.-Mh the clauses sel fwh in paragraphs,( 1 ) 1hrmgh (A ) of this
SeClion
Alt ree me rat No .: 22- 201 B
MR
P;al n inn
I %.A ZI 11-V 97 of 52
Benda Item #4.
V1. SUBLETTMG OR ASSIGNUIG THE CONTRACT
This praWslon ks, applicsible to all Fed&akilliiid combww
cw*acts an ft NabwW y Systern
1 The contractor shall peftm Yjh its own ofganizalion
contract %-,wk amounfing to not less than 30 percent jor a
1gr eater percentage if speCoLled etse-e.here in the cofftrad) of
I" Icta original c*nlracl price, excludes any spe-clatty items
deszign-xed by the contractirvg ageM SWjalty Oems may be
performed by subcontract and the an-ouni of any such
speetialty herrI5 perlorn-Hed may be deducted trom If* tDUI
arj*wl contract pace before compI.Airtg the amount of YAA
squired to be perf owmed by the contracbrs o %n organ
(23 OFR 635.116),
a The term Worm vi:4 mth its ow-.n orgamuton' refers
to wor*ers emooyed or leas44 by the pinme eoftWor_ arod
eqLApment owned or renle-d by the pnme contractor, vpith cqr
votftul operators Surhterm c6nnot ftlu(*emp4oyeesof
equiprnert of a swowtramw or kywer tw subcontrador,
agents of #* prarne cowactof, or jWy other wsilgrvees The
term may include paip"Lwift far #0 009s of hinnij leased
emplios from an employee le aft fifnrt meetnq all m*vwA
Fod" aM StMe regWatc requhmm . Leased
wq*yee!s may onty be irrJuded in M Wnm d the qcn-ye
*M*20or Meets 811 of the f0jtUA*Q cordbons.
� I j the prime ractmaintakIts ox**4 over the
supervisrt d the day-to-day act vroes of the lie&sed
employees;
(2) the prWiv oncl ctraor femaWn responsi1ft for ft qualily
Of t t ,h W Wa* of ft le empkqm:
(3 � the prime =*sew retakis a,11 p&.%*r to woq* or
exclWs individual ernpioyess *= wrA on the pro)oct aind
14) the prime "rtracllor wnsins vibmi-dely rospons"* for
the payment of piedeterTrined Minivm waqe�s.. tie
submiss4on of pqmlis- statements of comp, ianc* and all
other Federal regWatory requirefnents
b `Sp"l y Items" shall be c*nsbi*d to be limited to work
that rewtes highly special"d kncr.4edp, abilities. or
eqUprnent not ordinarily "I able in the type of conble",
orgar&ations qU21ified and expected to bid :w prqDose on Ow
OI:Mact as a -e-We &W in general are to be limited to minof
components of the overal. cont'ad
2. The c*ntracl amounil upon �hbich the re*kwrents sel forth
in paragraph r 1) of Se--mion %I Is corroued includes the cost of
material and manLrfactured p*duft which are to be
Nrchas ed or "wmd by Vio conbictm wKW Vm =nlrao
1XII:M3ions
2. The ountrador steal I f urnish �a � a competeni 6,upen n lend -on (
or supervisar,.%fto is employ by ft firm has full awr&cirity to
dkd perfocmarice of the vork � &=danc* Y.Ah the conlratt
nmWements, and Ps in charge of 0 ooratnaaiw oWalions
(Mprdless of o performs ftwo*� wW ftsuch other of as
*win orqan4alionM rescurcm (supn, rrofteme nt and
w4r*enrig serves) as the corAmetng officer detefm Ines Is
rAKamry to asses the pedormoxt & Ow cchroaell L
4. NQ porton of the contract shad be subIlet Wined OF
other -A -se disposed of e xceM wM ft wrbm cosent of the
omtracti ng dicer. or authodZed ivpw Mc !11120 dw-111, and such
oxwenre.hen gwen sha4 nd be oom" lo rd4lIye ft
w*a&,or of an y responsib*y for ft fuHNIMwo of the
ooMW Voritlllein oorsert vAll be given only after the
emtradog agency has assured " each- subowbrad is
e vkkwoced in -on" and that it conta in s al I pefftwd provhkm
and requiremerds of the Prime wvracl
5. The 30%self=peclor rri a requremenil 0 paragraph (1) Is
not applk*Ue to des4i4xdd contrads ho%%xever conlracting
agencies may evaUio Vwr own ulIff-perfonnance
Mviremer"
Vil. SAFETY: ACCIDENT PIRIEViENTION
T h i a P r Q V I !I I Lo n i :S i0pplicaNe to all Fedual-ailid
construebw oolivtracts MW to MH Mated sutoc_ontracts.
I. M the perhmmance. of this corer** the coftsollix sMII
C*Tpty MM;d Wplicab4e Federal. State, and Wal laws
gowirning %a", heallh, and switakm (23 CFR 635). The
coinlraclor shall proMe a6li safeguards, sate ,r devkm and
protective eqtApinent aqd lake any of needed wbom as it
determines. or as U* ooftading fficer may derteirmine, to be
reasonably wessary to prowt the life and health of
ernployfts on the job and the safety of the 90lic and to
prefect prop" IIn conr*dk)n wiM the Womiance of the
work covered by the or tract
It is a conddion of Ui4 o"acl, and shall be made a
coinckon of eachsubowtw- whp�.;h this =ilradcw entefs Into
pursuant to &" oontract, that the coftactof and any
subcontractor shall not permit any employee, in peftrriance
of the oontrad, to vyofk In surroundrrigs or under conditions
whioh aTe unsammy, hazardous or daingleroLns to hm%er
I " or safety. as determined urKW Wnsbuction safety and
heaM standards (29 CFR 1920i ated by the Secretary
of Labor, in ao=dance vvith Sectm 107 of the Corgi Work
HoLn &W Safety Sods Act 140 US C 3704 I
3, PummW to 29 CFTC 1926.3. it is a can*k)n d fts conlrad
that the Secretary or Labor or auft rind representative
theired, shall have 6gbt d entry to any site of oxww
perform ance to inspect or invesfigate thke matter of complUre*
wfth ft constructon safety and lieallh standards and to carry
M the duMs of ft Secretary under Section 107 of the
Cw&&dWock Hours and Safety Standards Act (40
U-S-C-3704).
Fill. FALSE STAMMENTS CONCERNING HIGMAY
PROJECTS
T h I s p,r a v i s I o n I s applicable to U Federa,-ail•
c onstrodW convacts and W all re4ated subcontracts
In nor to assure No qualfty and durab:t construction in
oonformity wilh &Woved plans " specifications and a hO
d%W of rM abirlrty on statements and f epres,&nlabons made
by Wqk*en, contractors, suppliers, and workers on Fede ral -
aid NVvway projects. a Is essenu I that al I persons wnce"d,
Mth the pro1w per kwm their luml ions a s careful ly- thoiroug h I
" hmestly as possible. Willful fall ification distortion. or
rnisrepreseNatk)-n -.%lth respect to any facts related to the
pri*ect is a violabon of Federal la,.., To prevent any
rnisundermInding regarding the seriousness of ftse and
ranilair acts, Form Fl WA- 1022 shall be posted on each
Federal -aid h4 h--%-jv pmjeO (2 3 C FIR $35) in one or more
p4c*s -,.,.tere d is readily available to all persons conorerned
v,ith ft prcjW:
18 U.S.C, M reads as fdlows
-
Agreement No.: 22- 201 B
- 50 w
Benda Item #4.
'Whroe r, berm an doer, &2• or of Te Un trtird
States, or d any State or Temtory, or Ak* . -4~ a
PefSt)n,aSSOdati0n, f . Or oration. kncr,.,Arq0ysnakes any
false statement, false representatmm. or false report as tic+
charac#er, quality, quantity, or oM of thr~ mate al wwd or
be used or the quantity or qualiity of the work perkwnw,4 or to
pedorfined. or the cosi thereof in c*VVxUxi %iM the
submission of palarks, maps specrficat►ons, contW11s. or costs
of consftc6on on any hilgliKAa j or related prajecl submhted fair
approval to ft 'Secrewy of Transportation or
ever knoAngly makes any false statern+ent. fa Ise
represerAabian faase report or false chins', 0h respect to the
character. "14)l . quantty. or cost of any work Wormed or to
be performed, or materials fumished or to be fumished, in
nnoobiwi wi th the consinxhan of any Ngh4t:ay or related
prqed appwby Ow SeaVary of Transrtartion, or
fir' kwhirrgly makes any false staterfi t or false
r"wessentation as to mated fad iri any starter ent, cerdcate.
or report submitted pursuant io provisions of the Federal -a4d
Rotes Ad approved July 1 1916 f30- Stat 355r as amended
a supipinted:
Shall be fined under this title or imposoned not more than 5
years or both "
IX IM PLEMShfTATIGN OF CLEAN AJR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision ts applicable to al Fede rwi-lid oDr'rstruction
cont-
acts and to all reLatrd subcontmacift
By s ubrniission of this brd`proposa! cr Me execiiAi of thk5
contract. or subcorib-ad, asappropna•te Vw fir, proposer.
Federal -airt construotion n#a or. or subcw*actor. as
aWoi hate will be bead to have stsxAaled as fcilbws
1 That any perms vft is or rJ11 be utilized in the
padorm arxe of this roor#raict is not prohibited From ir ecNvOg an
a, `wd due to a vicii1afion of Section 508 of the Clear( Water Act
or Secbon 306 of the man Ali Act.
2 That ft oodractor agrfts 10 =]i or cause to be
i r d wed the requires olr parWaF (I) of this Section X in
every subcontract , and eh Ow ads to take such anti as
tip corlitractng agency nW dkect as a means of e-nforcuirg
such requirements.
X, CERTIFICAMN REGAROING DEBARMENT.
EXCLU ON
This provision is app4icab4 to all Federal -aid construction
contracts. d igr%-burild ntr ts. subcointrarts lo.,.er-tier
subcontracts. purchase o(ders- lease afire mems. consultant
wrens cr any other covered transact on mq"g FF-f4'',°A
' al or OiW, is estimal+ed to cost $25. 000 or more - as
in 2 CFR farts 180 and 1200
1. katruciJons for C*Mfric�ati r - First Tier Fart(-Npa+nls:
a. By 10*ig MW %dwrJOrrg this proposal, th prospective
f is wing Vw ceMfication seat cxA belo
b The i nabi Iity of a peon lc pro'Ade the cart 5W06 sel OUt
tpekow 'hill nol necessanly re 5u It in denia I of part( apati)n in tNs
ommrad,bransacbon The pil"ospectwe first twir parlk*a k OW
st&M'tit an explanabon otwhy h carrot provide the oe
W otA bellaiv The rtft� cw explanation %WI be
amsidered in connection v i tw d+eparbr" of 290Wit
detarminat . -, het h cr 10 enter into fts "Aw6w _ Hcr oew.
fai I tire of the prosptcbve first tier partinipanls to funif ,h a
ctrtafi cati ter an exp anatiorL "11 3 uch a persw
from, parlicipa'trcn sm INt transaction
o I he wtiflicafim In INs dause is a material rqxewtMjQn
of fact upon v lhichl rel i and Y� n 'the cmtradkg
agency detefm in ed to enter into thins transachan If it is later
determined mat the prospwectNe part( ant knowNy refired
an wrilaums certrli c oon. in adftm r
oVakk to the Federal Cmwernmwt,, the ow*ac&V agency
y temninaie this transaction kw couise of defaWt
d The prospective Arsl tier pafcipant shall provide
rmmediate Men notce to the coftarcting agency to whom
this prc9osA k submitted ff any brne the prospe first to
panicipanir lawns the# fts c erl+lic*Dn emmem Whm
submirfted or Fran be='+e errontous by reason of changed
circumst _
e The Wrr -oonrered trainsA"
-vWwWly jewitids.~ asuW hn ft dause_ are deftr
in 2 C 180 wA 1200, *'Fkw TWw Cared
Tra actions+ refers to any covered Vwsactbn tA"n a
rite or su tee of Fe al bids and a partic ipa nt (s inch
as dw prim of general o ass). "Lowo Tim Cr led
Tramsactions•- refers to any o3vemd bamwKW undie a First
Tier Covered T,ransamon (such as tetrads). `F t Tier
Participant' refers to the participlrtl who has twderied into a
Wired transact on with a grantee or subgrantee of Federal
kods such as the prime or genres contractor). `err Tier
P`ianKipan,t' refers any parracipant wt-oo has er+tefed into a
Wired trans ai n with a First Tager Particpant or 00w Lcry er
Tier Panicipwds (such as subcontractors and supptFere )
f fihe pr Pective first 1jer padicipa>,nt agrees by submitting
lhis proposal ihati shoUd #f% Wised covered b rarisacti on be
entered inw. it "I not knoMngly enter into any tier
covered Iransacbm 00 a persnn who is marred,
wspended, doc- a inelig ib* or voluntatily excl uded from
pankcipation in this waved trwsaefion. unless armed by
ft department or agermyr emen'N into this transaction
g The prove first lief Wici pant further Tees by
irrrittft proposal that it -MlI inclu-die the u tbed
' gardFng Debarment. Suspend, Inel4blity
and Vdurftry Exclusion-Lo,.%*r .Tier Covered Terns,'
prow ided by IM depaoment or contracting &pency aoteri ng
into W* 00vered transaction, �.-,ltho ut rncdkjb - w all Icy er
tier 00vered tws coons and in all *WkA ns for lo• r tier
owered transacoons exceeding the 3 -MO th rid
lh1 A px%*W in a coved Wwwrsaction rft Wy upon a
om fifi-cal of w pros pective pSdicipanil in a k r firm o0vered
Uansactrors Mal is not debarred. wspended. (mi le. or
vduin auly ex-c I uded from the covered trainsacton. urim li
krovs that me cenficalkon rs erroneous. A patcoam Is
rayons ib le fix enswwg that tts pan( is am
debrred of othermse ineligible to pads( pate in cowered
ban bons To verity the etigb*ty of its pri nopalls, as well as
the of ig bililly of any 10AW tier prospective par-iticipants, each
pa rt ici p a nt ma V. but is not required W. check Ow Excluded
p ar tie s L ist Syslem r, bsrre i h Vs r`pl* t i. which is
coy i of led by the General 5 e rvices Aden in islra n.
Benda Item #4.
i Nothing cordar*d in toe foreqotrV shall be construed to
FeqUlFe 0* estabifthmod of a system of reoDrds in order to
render in good faith tm ced"ion requved by this clause.
The kncm4edge and -11FOotmatiOn of ft Ixospeclive parbeovill
is rKA required to exoW that which is normally possessed by
a pWenl parson in the ordiin&�, curse of b"ne s s deal! rwjs
1. Enept ftX U2111sactions xghonl under paragraph (1) of
ftse insertions. rf a participant in a covered bran sacWri
It no -% ingly enters into a lu-!-ef tier covered Iransaction v*h a
person .,off is sus;xndeed, debanvA ineligible cw vokmitarily
excluded from participation in Oft ftilsadion, inn addAm to
other remecW-9 av"ble to Me Fedust Govenvnenl, the
depaFlirrlerd or agency may twrl*Wde this transadion for cause
of r�ef�lrht
2. CMfflcaban Regarding Debarment, SusWsiort,
I ne ligibility a nd Vol unitary Excl uslon - First Tier
Participanis,
a The prospective fnt bw pairlicipant cad to the best of
its knor.-.4i6p and bobef, that it and its p6rp*als
(1) Are nd preserdy deb&Ted. suspended proposed for
debwn,ent. declared OWigibie. or volunuf 11 y excluded from
parkipating, in 07anicl tran&actkra by array Feder a!
department or a9emy,,
(2) 11*4 not wrhn aftee-year per" preceding this
propa"'I be" convicted of or had a civil Judgment rendered
aigM ol dwm far comm&sioo of fraud or a criminal offense in
c4nneckin WM Obtairwq, aflempling to obtain. or performing
a publii: (F*dwW. SUM or "I) trio nsaction, of cw1rad under
a public tans4vion: lion of Federal or State anbil rust
sWultes or mission of embezzlement, theft. forgery,
bribeiry, falift-abon or destruction of re=ds- making false
statements, or rneiving stolen propert-i
(3) Are not presemi y lindrcted br or other.-ase chminall � or
civilly chwgW by a gooenrilrimemW 0,Mity I Federal Stale of
ColTmission af any of the offenses erkumeiraled in
paragraph ta X2 P of this oefbkAtlon - and
(4) HMm ro mthiln a flee -year paiod pmricefto 9ft
-IN - Stiorw�xwosal had One or MM public Minsa0m
ral :State of "11 terminated for cause or defauft.
b Where the prospective parlic9ani is unable to oar* to
afl- y- of the staternents in this certification, such prospecti�oe
panicipani -shall OWh an explanation to this proposal
2 Instructions for Cerfification -der Tief Participants
(Apples to all $ uMontracts. Vjmhase orders and other
k>Aw Uw Mow iofls requiliring per FHWA approval Of
*s*naW 10 Mat $2.5,00 of mom - 2 CFR Parts 160 and
1)
8, By song and submd1ing this p the prospeclive
lcirAw tier is pfayi*V Ow izertification set out bees-
b. The cenifcation in *is clause is, a makcal repiresentation
of factlm Alch reliance mirs placed :N�ilai,i Ns UwwooWn
V,:as entered into If it is later dMermirwd that &w prospilwtive
to--.%w tier participant knowingly ren*fed an enmneotm
cedd�, in afttion 10 Other remedies avokiWe to the
F*deraA GOV$rnn*nt. the deparjTwnt or 49MACY -FMh -,iN0
this Iransactxon onginated may pxsue availab4e remedies,
including stspension an6or debarment
c The pirospeclJve lo:�vf tier participant "I I provide
iniffmxgde written notice to the persion lo which this proposa I is
sum R al. any Wrhe the prospective laever tier participant
I earns thW Fts C Wi caW n -, as e rroneous by re anon of
chareed circumstances
d. The telfms qccivere-d tram m,' "deh&7W,"
"Susper&%d ' "Mel i gible ' "pa1id1wit, " -pefumok* *prkwipal
WW Nolunwily excl-ukd' as used in this dwAle, am defined
In 2 CPR Parts 100 aro 12M You may ox*M ve Ws= to
~this proWsal is submitted for assistance in oblainAing a
C*py of Owse regulations -hrst Tier Covered Tfarisacticons'
refefs to any caoered transactm Wveen a grantee or
subgranift of FOef a] kMs aid a participant (such as the
prime or Wefal coolrw l,. -L&,Ae*r Tier Covered TransadiorW
refers to any oovered transaction under a First Tier Covwillcll
Trarmsckn (such as subcontrads). Hirst Tier ParbdpeW
refers lo the participant has emeired Wao a cov*W
lfansa,c7tion wfth a grantee -or subgranlee 0 Fe6e rall forift
l;such as the pnrne or general contrador)- -LO;.er TWw
Pamr-1panir refers any parWt °Ao has entered 00 a
covered vainsaction -mth a First Trey Participar-t or od*r LoYMF
T4er Parficipanis (suich as subcoftactors and suppliersk
e. The prospecri op jo ;-r ei tier' pairti cipant agiree45r Icy
submiftft this propOW that should the Wopow covered
transaction be entered in to. it shiW I rat knumingly enter into
any 0 --,W fier *Werid Von saction',vith a perroon wW is
debarred. suporKled, deda red IneigbM, or volunwily
excluded kom Wicipatk>n in this cam*d transad ion, u nil ess
aulhorized by the departure nit or ageriecy with wtvich bs
O
firansadion inWed ng
f - The prospective JaAeeir ti,er paAiOOsM further agree 5 by
submittirq thrs propo" that it Aill0lickode ft clause Wed
"C;erfikMoon Regarding [moment, SuspenWm Iref gtifily
and Voluntary Exclwslon-Loww Tier Cover*d Transaction.'
,AIVW modiftation. in all lover Mr covered transaidons and
W� all sciticOations for lower ter covered transachars exceeding
1he $25.DOO 111-weshold-
g, A Wicipard In a covered traysacW may rely upm a
06rtificalion of a prospectin pairWipart on a krova bw ommid
brallrsadm3n Mat is not debarred. suspondW . iireHgiblo, or
voluntaN y e. xclo*d km the co red rwsWion, LrAms It
kno-.-,-s that the mrhfraWn 'is ewe A panico" ]a
responsible for ensuiring that 9s print are nal sumpsMed,
d4baffed, or aftrmse ineligible top spate .0 covered
Uvisactkmw To wify the eligibility of its PWOMs, as wei I as
Ow *14pkft d any lower tier pro," ctl ve , each
parflcflpM mey. but is not requ wed to, &eek &* Excluded
Parties LW System ---*bMe ftpsWwww,tp1S.Wy"), vAhw-h is
comp;k-d by ft General Sovkm Adn*Wrmdm
h. NoMing oomained in tho *X*goN "I I be constrtied to
"ire estabirshmenT of a -$YOM of remds in order to rendef
in good faith this` oertrfic-atpon requ#W by this clause The
kwwledge and InformallOT1 of padkipant is not required to
exceed Maill rs normally possessed by a prude M pef son
In ** Ordnarj course of busiwsi dealbNs
I. Exoepl for tran:sackioris authorized uncki paragraph e of
tho4o insirvc-tions. if a participant in ia covered, transadlion
k no ea*ngl y enters rnlo a k)wer tier covered transack:iiin *ith a
person -,;hia is sospwWW, debarred, ineligible or vio-funtanily
excluded from paftipabw In this transadw. in adddiw- to
ojhe� rema&n avill liable to the Fr eras Gaveminent, the
Agreement No.: 22-22101B
-52-
Benda Item #4.
departmerd or agency vAh AM fts bansacbon ongmated
may Wsue available re"wdWs, kXAX*V saspensim wd/or
debaffnent
Cenificalion Regarding Debarment. Suspension,
I nefig i bil i ty and Voluntary Exc I usion —Lower Tier
Partic !pants -.
1 The pfospective I o er tier partic pwit cwtlftes, b,,
subm"on of ibis proposal. that r*ither � ncx Is princ4paln 15,
presMily debarred, stisperWW. proposed for ant.
decWW ineligibile. or v*lLrdanly excWed from participahng in
Wired tw� by any Federal departn-wo or agency.
2. Whem " prospecflvt lo,%vf ber pamopard is unabe to
oar* lo any of he statements in Vvs ctirtif�, such
prospeOve parortpani shall attach an explanatkm to this
X1, CERTIFICATION REGARDING USE Of CONTRACT
FUNDS FOR LOBBYING
This mvision rs apoicab* tci all Federal -aid construclIxin
DoMa4ft and to 211 related subewti-acts %hl:ch exceed
$I 00.W0 (49 CFR 20 i_
1. The prospedirw �t cedifies. by so*jg
submlittin this bid or propoul, le the best of his or tm
kwoWge and belief. VW-
a- No Fed" approprtatea fends fta we been paW or All b*
0d, by or on behalf the undwillIgned to any perum for
infl LWWo ng of attemptl ng to i rAuence an of or ernpioyft of
any Federal agencV. a Member of CofVress an after or
employee of Congress, or an empqof a Member of
mess in cannection with *a a-varding of any Federal
contracl, the MMUV of OW F*dval grart tie rriakog of any
Fe&raj Eoan- the &*wN 11rft of any C R m p a mfive agreeme nt,
OW the errkn om wom, rw&mW, ameroTient or
mod6mwin of any F*ftfw wrrtr nt Wn. or
cooperafte 89"111 erit.
b. It any funds ottw Ow Fe0eral appropriated funds have
been paj4 or .-. i I I be paid to any person for infl Liencing (x
attempling to infl�uenee an offim or en*oVee of any Federal
agency, a Member d C4r4ms an offkw or employee of
CoNress, of an employso of a Mwbw of CoWre:5s in
ccnnechon this
s F" kWeel9-M, I I - or
CWperative agreerrier-1 the undws*wd WWI =nplete and
SUbfnft Standard Fonn-I.LL. "DISCkojum Fm to R oepon
Lobbying"'in accordance -evfth Os instixi r%s
2 This ceftiftation is a material representabon of fact upon
,vihich reliance was placed wt)en this trams acbon -mat made or
entered into. Wxnilssico of the catification ls a pterequisile
for nukirg or erftrN I -No this trans rnposed by 31
U.S. C. 1352. Any persw%vho faft to file ft rewired
cenifi-carlWi "I be "je�i to a cMI penalty of W less than
$110.1500 WW noll more tw $f00,000 for each!iswO failufe
3. The prospectift WicApanl also agam by submMing its
bod or Proposal that tho par pant sh4WI require that the
larvuep of 1his oedftatkm be incAuftd im *4 kwmf tier
sub&y0acis. %rA*:h exwed $ 100 MO mW that all such
reopiwts shall oar* wW disclose ao:wdinoy i
Agreement No,: 22-201 B -53-
Benda Item #411
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACWM DEVELOPMENT
141 HWAY SYSTEM OR AP PALACHIAN LOC AL AC C ES
ROAD CONTRACTS
This pro+rrsron rs a;ppl cabte to all Federaj- i piojefiti' fuirwied
under the A ala-rhian Regional Oe°yelcipment Acl of 1965.
1 Dunng the per'iorrrrance of N 5, c oni: racl the contrackv
u rider'ta king to do c which is or reasoriably may be. dwe
as on -site -i . _ shall give pv0ererce to r ali#iecl pmons °Mv
regularly res le in the labor area as desoumd by the DOL
,-.4-remin Vw coftad work is died. or the subregion. or the
Appalnh aiIn counties of Vw Stoe%twein. tree cooracl Y,,,o* is
s itu al ed . except:
a To the extent # W qualWed persms reWlail; residIng in
the area are not a-WalIable
b. For the reasonab +ids of the omtra (x Jo employ
supeMsoiry or s Cully eg*nemed porsoranell wessary to
assure an effaolenit execiAiw of vw act ;•.irk.
c For the otWigabon of the Factor to off er errs ploy m ent to
pres&nt or foirmer enVkyyeft as Ihe resW of ,a 1&af l collecti . e
bargaaning ca*w, pm%W'e'd OVA the rumba d n+ormideril
persons wWkrpW under this (1ep inix
exceed 20 pment o( the total number € f ern&yim employed
by the contractor on the eontrad °.irk, except as provided in
s e"ph 04) belc.
2 The WnU2C1fX ShW1 place a pb Cwd of .,,,. the date
Emp&o ent S*Ni dung (a) the cf frr. Vora of ft
laborers rnecllanics wd err to s regL*ed to perfortr
the c retract work, (h) tie ro mber of employees r id in
each classrfica , (0) Vw dde on which the parbdpWR
esIrna#es surer elrrg oyfts vAll be regwred, wW (d) any of
pertinent inkilma6w rewired by We Staft Eglvkyrnem
SenAce to cornipiete the job order fom The job order may he
placed v h the Stine Empl�orwtt en** in w" or by
telephone If 6wring the curse the oxftIdk,
intbirmation submrMed by the 00rk*CW in I* aromillil job orda
is S #antial I y modiltied. ft parlictam shall pronVOy Wify
the State Employment Service
3. The contra = I give full ass ion to all qual died
sofa applicants referred to W by iEmooymert
SerA e. The for° is w requWW to gmnt employmer t to
any job applicants who, in his opirnion. M not qualrfie-d to
perform the classification of , requhW
4 If. within one weed fv lo.,erng the placM of a job order by
the oontracW with ft State Employment S + , ft Mate
Eriplopwnl Service is unable to rety any qLaMW 1'
applicants to the contractor or less JhW tl* number
rested.. 9* Mate Em:pl o � meilt Seonce gall forward a
ceLftft4ft to the oontrWor in dicaWg the unavatillabigy of
aWicaft. Such cedificale shall be made a part of tw
rtractoes perma i project m=&. Upon ri l l of Vvs
cartAcate, te WW*aormay &nploy perms WW do OX
norm al Iy reside In the labor area to M poWbom rimed by the
cedifkcate not-vrthstarickng [tie provi ors of subparagaph 11 c I
above.
5 tie provisions of 23 CFR 63:3.207(a) @Dow the
c actirg agemy to provaJe a canVMW preference four the
use of mineral resource materials nat to the Appaaa ohi an
re4on
6 The oontraclor shall include the provisions of Secticiom l
1hrough 4 of this Anachmenl A in every subcontracl few work
.,,,Ihlch hs. OF reasonabt-v niay be. dcne as 0"rte wuck
Agreement No.: - 01 B
no
Benda Item #4.
ATTACHMENT"F"
11 B U Y AMERICA REQ t I I R F. N1 FNTS 11
Source of Supply — Steel and Iron (Federal Aid Contracts Only): For Federal -aid contracts., the Contractor will
only use steel and iron produced in the United States, in accordance with die buy America provisions of 23
CFri 635.4 10. Contractor will ensure thai -C111 manUfacturing processes for these materials occur in the United
States. A manufacturing process is any process that modifies the chemical content, physical shape, size or final
finish of a products beginning with the initial melding and mixing and continuing. through the bending and
coating. stages. A manufactured steel or iron product is complete only when all grinditig, drilling, welding,
finishing and coating have been completed. If a domestic product is taken outside the United States for any
process, it becomes foreign source material. When using steel and imn as a component of any manufactured
product incorporated into the prqject (eg, concrete pipe, pre -stress d beams, corrugated steel pipe, etc.). these
swne provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when
th e cost of such fo rei gn ni ateri als does ti of exceed 0. 1 % of th e cony p en sat i on or $2,5 00, wh i chever is greate r.
These requirements are applicable to all steel and iron materials incorporated into the finished, work, but are
not applicable to steel and 'iron items that the Contractor uses but does not incorporate into the finished work.
The C ontractor shall prov i d e a certification 1'rom the producer of steel or iron, or w, iv prod u et contain i ng steel
or iron as a component. stating that all steel or iron rumished or incorporated into the finished product was
manufactured in the United States in accordance with the requirements of this pmvision. Such certification
shall also include- (1) a statement that the product was produced entirely %vithin the United States, or (2) a
statement that the product was produced with the United States except for minimal quantities of foreign steel
and iron acid specit,, the actual value of the product. Each such certification shall be furnished to the
A UTH 0 R IT prior to i n co rporating the material into the project. When FIJ WA a I I ow s the use of fore i gn steel
oil a pn�ject, Contractor shall furnish invoices to document the costs of such material, and obtain the
A U T HORITY'S w ritten ap pro val pri or to incorpo ra I i n g the ni ateri al 11 rito the project.
Agreement No.: 22-201 B _55-
►genda Item #4.
A = ir.rla 9 111 14 ILI k-Ki%
W 11 N't;i'lln It
PERFORMANCE AND PAYMENT BOND
BY THIS BONDI L.
9 Inc., as Principal and
a Corporation, as Surety, are bound to the Solid
Waste Authority of Palm Beach County, hereinafter referred to as "Authodty", in the sum of
Dollars (up to $10,000,000), for payment of Mich m
bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Agreement dated 1 20 1 between Principal and Authority for
Proposal of Hurricane/Disaster Debris Removal, Reduction and Disposal, Agreement No. 22-201, the
Agreement being made a part of this bond by reference, in the time and in the manner prescribed in the
Agreement, and,
2. Promptly makes payment to all claimants, as defined in Section 255.05(l), Florida Statutes, supplying Principal
with labor, materials and supplies, used directly or indirectly by Principal in the prosecution of the work provided
for in the Agreement, and;
3. Pays Authority all loss, damages, expenses, costs, and attorneys fees, including appellate proceedings, that
Authority sustains because of a default by Principal under the Agreement, and
4. Performs the guarantee of all work and materials furnished under the Agreement for the time specified in the
Agreement, and�
5. At completion of all work covered by Agreement and Final Payment by Authority to Principal then Principal
will replace this Performance and Payment Bond with a Proposal Bond, in the amount of 5% of this
Performance and Payment Bond, tobe held by the Authority as a guarantee that Principal will provide to the
Authority a Performance and Payment Bond in the amount of up to $10,000,000 on the occasion of a
subsequent Task Order in accordance with the above referenced Agreement;
then this bond is void; otherwise it remains in full force.
Surety shall be responsible for a n y and a I I I iq u i d ated damages imposed by th e Authority for the refe rented Ag ree rent.
Agreement No.. 22-201 B -56-
Benda Item #4.
Any changes in or under the Agreement Documents and compliance or noncompliance with any formalities connected
with the Agreement or the changes does not affect Surety's obligation under this bond. Any increase in the total
Agreement amount as authorized by the Authority shall accordingly increase the Sureb/s obligation by the same
dollar am o u nt of said increase. CONT RACTO R shall be responsible for n ot&ation to S u rety of al I such thane .
See subsection (2) of Section 255.05, Florida Statutes as amended for the notice and time limitations for claimants
Signed and sealed this day of 2o
PRINClPAL:
M
WITNESS
Signature
Name:
1.
Title:
2,
Address:
Telephone:
SURETY:
M
Signature
Name:
1.
Title:
2.
Address:
Telephone:
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is a Partnership ,
all partners must execute bond.
IMPORTANT: Surety companies executing bonds must appear and remain on the Treasury
Departments most current list (Circular 570 as amended) during construction, guarantee
and warranty pedods, and be authorized to transact business in the State of Flodda, and
be pre -approved by the Authority.
Agreement No-F 22-201B -57-
nf 524
Page 1 nr
Agenda Item #4.
041"'
131]FtIC:
EMERGENCY SERVICE-S
Striking Back.
111 Veterans Memorial Blvd., Metairie, Louisiana 70005
TTY: 888-721-4DRC * Phone: 504482-2848 a Fax: 504-482-2852
www.drcusa.com
Village of Tecluesta
345 Tecluesta Drive
Tequesta, FL 33469
RE: Mutual Aid Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal between
Solid Waste Authority of Palm Beach County, and DRC Emergency Services.
DRC Emergency Services and the Solid Waste Authority of Palm Beach County have executed an
Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal, Agreement No. 22-201C
effective May 8, 2022, through May 7, 2025.
Article 33 (Agreements with other Government Entities) of Agreement No. 22-201C states:
The CONTRACTOR agrees that this Agreement constitutes an offer to all State Agencies and local
government agencies of the State of Florida under the same terms and conditions, for the same
prices and for the same effective period as specified in this Agreement; should the
CONTRACTOR deem it in the best interest of their business to do so.
The Agreement in no way restricts or interferes with any State Agency or local government
agencies of the State of Florida from re -solicitation.
I would like to offer to the Village of Tecluesta., FL, to enter into this agreement with DRC Emergency
Services per Article 33 of Agreement No. 22-201C. This offer is made at the same terms and conditions
stated in the referenced agreement.
Please return one fully executed original letter upon acceptance.
Si cerely,
RQErpe*rgeServicesd,_.ACCEPTED: VILLAGE OF TEQUESTA
Name: Name:
Printed Name: Kristy Fuentes Printed Name:
Title: VP, Secretary, Treasurer Title:
Date: 5/17/2022 Date:
Page 106 of 524
Agenda Item #4.
PUBLIC RECORDS. In accordance with Sec. 119.07011 Florida Statutes, CONTRACTOR must keep
and maintain this Agreement and any other records associated therewith and that are associated
with the performance of the work described in the Proposal or Bid. Upon request from the
Village's custodian of public records,. CONTRACTOR must provide the Village with copies of
requested records, or allow such records to be inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR
who fails to provide the public records to the Village, or fails to make them available for
inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in the Proposal
or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and
following completion of the Agreement if the CONTRACTOR does not transfer the records to the
Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to
the Village, all public records in possession of the CONTRACTOR, or keep and maintain public
records required by the Village. If the CONTRACTOR transfers all public records to the Village
upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the Agreement, the
CONTRACTOR shall meet all applicable requirements for retaining public records. Records that
are stored electronically must be provided to the VILLAGE, upon request from the Village's
custodian of public records, in a format that is compatible with the Village's information
technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS
CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT
Imcwilliams@tequesta.OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has
jurisdiction to investigate municipal matters, review and audit municipal contracts and other
transactions, and make reports and recommendations to municipal governing bodies based on
such audits, reviews, or investigations. All parties doing business with the Village shall fully
cooperate with the inspector general in the exercise of the inspector general's functions,
authority, and power. The inspector general has the power to take sworn statements, require
the production of records, and to audit, monitor, investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and
eradicate fraud, waste, mismanagement, misconduct, and abuses.
Page 107 of 524
Agenda Item #4.
"The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy
to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("'ADA")
by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible
to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written
statement indicating that all [ agreement /bid documents and specifications], from Contractor,
including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format
that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the
Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by
the World Wide Web Consortium ("WK"), Web Accessibility Initiative UWAI"), available at
www.w3.org/TR/WCAG/."
Page 108 of 524
Agenda Item #4.
E-Verify Affijj Avit
Florida Statute 448.095 directs all public employers, including municipal governments, to verify the
employment eligibility of all new public employees through the U.S. Department of Homeland Security's
E'Verify System, and further provides that a public employer may not enter into a contract unless each party
to the contract registers with and uses the E-Verify system.
Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the
subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, all contractors doing business with the Village of Biscayne Park
are required to verify employee eligibility using the E-Verify system for all existing and new employees hired
by the contractor during the contract term. Further, the contractor must also require and maintain the
statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure
compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-
Verify website (https.LZ/www.e-verify.gov/employers/enrolring-in-e-verify) and follow the instructions.
The contractor must, as usual, retain the 1-9 Forms for inspection.
By affixing your signature below you hereby certify that you will comply with E-Verify requirements.
Kristy Fuentes
Print Name
Identification Number
Vice President/Secretary/Treasurer
Title NQt .m Public Information
Sworn to and subscribed before me on this this day of 202L
By
�iS� �S
R Is personally known to me
0 Has produced identification (type of identification produced:
Si afore of Notary Public
Cecelia orise
Print or Stamp of Notary Public
Notary CECELIA MORISE
I
Public - State of Louisiana
P1 J]
Notary ID Number 157893
at death
Bpiration Date
207 RFP ?(9gY —1k%of 524
Agenda Item #4.
SWA
OLIn WASTE AUTHORITY
A REEMESIT FOIE
HURRICANEI I ASTER DEBRIS REMOVAL, REDUCTION AND DISPOSAL
L
BETWEEN
SOLID WASTE TE AUTHORITY I ITY F PALM BEACH COUNTY
AND
DRC EMERGENCY SERVICES, LL
AGREEMENT EDIT NO. 22-201D
SOLID WASTE AUTHORfTY OF PALM BEACH COIJHTY
7501 NoarH Joc ROAD
WEST PALM BEACH, FLORIDA 33412
(561)644-4000
Page 110 of 524
Agenda Item #4.
F�TAIBLE OF CONTENTS I
1.
Effective Date and lincorpnrationofRecitals ........................................1
2
Services tobepefformadby Contractor ............................... ...............
1
3-
Cumpenoation-................... ........ ..... ...... ...............................
-1
4.
Insurance ........ ................. ....... ......... ...... .....................................
3
5.
Standard ofCore-............. ..................................... ........ ...............
3
6,
Indemnification ........... ........ ................... ................................. ........
3
T,
Independent Contractor ............ ........... -...... -................. _-3
8.
Authority to Conduct Business ...................... .............................. -.4
9.
Compliance with Laws -___-_--_----_-_---_4
10
Sub -Contractor ....... _-_........ --------.......................
4
11
Federal and State Taxes .......................................................... ......
4
12.
Availability nfFunds ............ _----__--_---_-_....
4
13.
Authority's Responsibilities .... ........ .............. ..................... _-.........
4
14
DefauK.................. .............................................................................
4
15.
Termination for Convnnience....... ........ ............... .............................
5
16.
Uncontrollable Fonceo-_-_----_--._----.............
5
17,
Jurisdiction, Venue Waiver o[Jury Tda and Remedies ..... -----.5
18.
Commercial PoNm/.......... ...... .................. ......
G
%
Waiver ............ ............. -_-_----__-__................
H
20,.
Se«erabillity...... _-... ... --------_------...... -'8
21.
Entirety of Agreement and Modification .............................. .................
8
22
Successors and Assigme-....................................... ........................
7
23.
Contingent Fees ........ ........................ ..... -........... ............ ..........
7
24.
Certificate-_ ... ....... ...... .................................
7
25.
Ownership of[Oouments........ .................................... .................
-7
26-
Public Records, Access and Audits .................. ---_---......
.7
27.
Inspector General ......... -................................. ............... ................
8
2&
NoUce-... .... ........... .......... _-...... --.... ... ---... ..........
0
29-
Contract Adminhstmatiun-......... ........... ......... ............................... .1O
30-
Key Personnel ...... -------_--......................................
1O
31.
Equal Business 0pportunity Pmogram----------._--.10
32.
Scrutinized Companies- ........... ..................................................
10
%l
Agreements with other Governmental EnUUea.................. .................
11
34,
Thi rdParty 8mnef i ciory Discl ahnm r..---.... ..... ...... ......... -.......
11
05.
E-Verifv-Employman Eligibility ................... ______... .......
11
36.
Confidentiality ........... -----... -_---................... --...
12
37.
Payment Adjustment Schedule .................
38.
Order of Agreement Anmignnient ...... _-...... ....
13
39.
Task --_..........................................................
40.
Bonds ....... ................................. --_-_........ --.......... .13
41.
Flofifda Highway Administration (F.HVVA) Form 1273...........................
14
42.
BuyAmehoaRoqukements...............................................................
14
43
Disadvantaged Business Enterprises- -....... ......... ................ ---14
44.
Certification Regarding Suspension and Debarment ...... ........ --.15
45,
Access toRecords and Their Retentiom--................................... ...
15
46.
AudbRequi remomts.... .... _--..... .................. ... _.... -_-.18
Agreernent No. 22-2O1O 'i-
Agenda Item #4.
48.
Americans with Disabilities Act ....... .................................................. 1O
49.
Compliance with Title \4'Title YUand other Federal
Laws and Regulations ............... ................... ............ ..................... 1O
50.
Convict Labor Prohibition ............. ............... .............. ......... ...... _18
51.
CertificabomRegarding Lobbying ActiviUea—_............................. 10
52
OHGSeal-----............ ................. 18
53.
No Obligation bvFederal Government ........... .............. .................... 18
54.
Program Fraud and False orFraudulent Statement or
RelatedActs ...................................... ......................................... 17
EXHIBITS
A. Scope ufWork —........................ —...................... ........................ —1S
ATTACHMENTS
A. Task Order Disaster Debris Management ...... ---............ ............. 38
B. Pre -Approved Temporary Debris Management Sites Map..
C. Public Assistance Program and Policy Guide .... .............................. 41
O. MmnbiUzakionSchedule .............. ..... ............... ...... ....................... .42
EFHVVAForm 1273............................................................................. 43
F. Bu y Ame d ca Requi rememts—...... —_--................. ................ 55
Agreement No 22-201 D
Page 112 of 524
Agenda Item #4.
AGREEMENT FOR PROFESSIONAL SERVICES
T 2,Y Z<-
This Ag regiment is mad e a A entered i nto as of 9 P P, L -1 2022, (hereinafter referred to
as the Agreement) by and between Solid Waste Authorky of Palm Beach County, a dependent special
district rreated by Chapter 2001-331, Laws of Florida, as amended- (hereinafter referred to as AUTHORITY) and
DR C Emergency Services, LLC (hereinafter referred to as CONTRACTOR and when referred to collectively with
AUTHORITY, the Parties), a Corporation, whose Federal Employer ID Number is 63-1283729;
Whereas, in accordance with the AUTHORITY's Request for Proposals No. 22-201/DL, solicited to emplDy the
services of the CONTRACTOR for the purpose of providing Hurricane)Chi salter Debris Removal, Reduction and
Disposal, and:
Whereas.. CONTRACTOR represents it is qualified, capable and prepared to provide SLjch services.
Now, therefore, in consideration of the promises contained herein and other good and valuable consideration, the
receipt of which is acknowledged b y the other, the parties hereto free as f ol lo WS:
ARTICLE 1 - EFFECTIVE DATE AND INCORPORATION OF RECITALS
The foregoing recitals are hereby incorporated herein by reference.
11 The Effective Date of this Agreement shall be May 8, 2022 and the Initial Term of thils Agreement is for three
(3) years and shall expire on May 7, 2025, unless terminated earlier as provided for herein
1.2 The AUTHORITY shall have the option of extending this Agreement for three (3) additional years,, as
approved by the AUTHORITY's Board or designee, in its sole and unfettered discretion, on the same terms
and conditions, Such extension shall be in the form of a written Ar%ndment to the Agreement executed by
both Parties.
1.3 The continuance of this Agreement. from year-to-year is contingent upon successful annual recertification of
the CONTRACTOR's capabilities. The recertification process will be a review of the fiscal (bankruptcy, etc-),
logistical (equipment availability, etc.), and moral (conviction for environmental crime, conviction for crime
against a public entity, etc.) responsibility of the CONTRACTOR and a determination by the AUTHORITY,
based on this review, of whether or not the CONTRACTOR continues to be a viable firm to provide the
servioes described in this Agreement.
ARTICLE 2 - SERVICES TO BE PERFORMED BY CONTRACTOR
CONTRACTOR shall perform the services as Specifically stated in the Scope of Work, attached hereto and made a
part hereof as Exhibit A. and/or as may be specifically designated and authorized by the AUTHORITY, Such
authoilizations will be referred to as Task Orders, Each Task Order shall set forth a specific scope of services,
rat'amount of compensation completion date, and other pertinent details of the task being authorized, The
AUTHORITY, by virtue of this Agreement, gives the CONTRACTOR no guarantee of any work/services or any
specific I period ped ic arnount of work/services that may be accomplished during the eriod this Agreement is in full force and
effect,
F.-I zi t 141 A *1 Mole] I,, I a 4 72 612A 1161 z
3.1 The AUTHORITY shall pay CONTRACTOR in accordance with the Fee Schedule, attached hereto and
made a ;part hereof as Exhibit B. Inaddition, the Parties may negotiate a lump sum or not -to -exceed armunt
on a per -project basis on an indi-viduall Task Order.
Agreement No. 22-201D - 1 -
Page 113 of 524
Agenda Item #4.
12 The CONTRACTOR shall submit semi-monthly invoices for services rendered- All invoices must reference
the Task Order number. Invoices shall include a statement of progress and appropriate audit quality detail to
satisfy the Federal E merg ency Ma n a g e me n I Agen cy (F E MA) req u i rernents.
3.3 Payment of CONTRACTOR by AUTHORITY is not contingent upon the AUTHORITY being reimbursed by
the Federal Emergency Management Agency (FEMA)- Payment to CONTRACTOR will be made for any
work directed by the AUTHORITY which is determined by Federal and State agencies to be ineligible for
reimbursement.
3-4 Payment of invoices shall be within thirty (30) days after receipt of a correct, fully documented invoice. All
invoices sh a I I be delivered to:
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, Florida 33412
Attn- Accounts Payable
365 CONTRACTOR will clearly mark its final/last billing with the words "Final Invoice". This will certify that all
services have been fully performed under this Agreement and that all charges and costs have been invoiced
to the AUTHORITY. Thereupon, this account will be closed and any additional charges or costs,, not
included in the Final Invoice, shall be waived by CONTRACTOR. The AUTHORITY shall not be liable for the
payment of any such additional charges or costs not included in the Final Invoice,,
3.6 The AUTHORITY will retain 5% of the payment under each Task Order until such time as the entire prefect
is completed to the AUTHORITY's. satisfaction and all subcontractors and any material suppliers verify that
they have been paid.
ARTICLE 4- INSURANCE
4.1 During the performance of the Servioes under this Agreement, CONTRACTOR shall maintain the follovOng
insurance policies written by an insurance company authorized to dc) business in Florida and acceptable to
the AUTHORITY,
1, Generai Liabi'llity Insurance with bodily injury limits of not less than $1,000,000 for each
occLirrence, and with property damage limits of not less than $1,000.000 for each occurrence.
2. Automobile Liability Insurance with bodily injury limits of not less than $5,000.000 for each
person and not less than $5,000,000 for each accident and with property damage limits of not
less than $5,000,000 for each accident.
3. Workers' Compensation Insurance in accordance with statutory requirements and
Employer's Liability Insurance with limits of not less than $500,000 for each accident.
$500,000 for each disease, and $500.000 aggregate.
4. Excess Liability Insurance with limits of not less than $10.000,000 for each occurrence and
annual aggregate.
4.2 Deductible amounts shall not exceed 5% of the total arnount of required insurance in each category. Should
any policy contain any unusual exclusions. said exclusions shall be so indicated on the certificate(s) of
insurance.
43 CONTRACTOR shall furnish AUTHORITY Certificates of Insurance, which shall include a provision that
police cancellation , non -renewal or reduction of coverage w i I I n o t be effective until at lust th ii rty (3 0) days
Agreement No, 2 2-201 D 2-
Page 114 of 524
Agenda Item #4.
after written notice has been given to the AUTHORITY, CONTRACTOR shall include AUTHORITY as an
Additional Insured on the General Liability and Automobile Liability insurance policy required by this
Agreement All of CONTRACTOR'S subcontractors shall be required to include AUTHORITY and
CONTRACTOR as Additional Insureds on all of their liability insurance policies,
4.4 CONTRACTOR shall ensure that CONTRACTOR' s naming of the AUTHORiTY as an additional insured on
its General Liability and Automobile Liability insurance policies pursuant to this Agreement shall afford
coverage for the negligent, reckless. intentionally wrongful or willful acts of CONTRACTOR and other
persons employed or utilized by the CONTRACTOR in the performance of this Agreement.
4.5 In the event that subcontractors used by the CONTRACTOR do not have insurance, or do not meet the
required insurance limits herein, CONTRACTOR shall indemnify and hold harmless the AUTHORITY for
any claim(s) in excess of the subcontractor's insurance coverage.
4.6 The CONTRACTOR shall not commence work under this Agreement until all insurance required as stated
herein has been obtained and such insurance has been approved by the AUTHORITY.
ARTICLE 5 - STANDARD OF CARE
5,11 The CONTRACTOR shall exercise the same degree of care. skill, and diligence in the performance of the
Services pedormed pursuant to this Agreement as is ordinarily provided by comparable, qualified
professionals under similar circurnstaxes. The CONTRACTOR shall, at no additional cost to AUTHORITY,
re -perform services which fail tosatisthe foregoing standard of care.
5.2 The CONTRACTOR warrants that all sere ii ce s s h all be perf orm ed by sk ill led and com peten t personnel to t h e
highest professional standards in the field.
ARTICLE 6. INDEMNIFICATION
61 GENERAL
Having considered the risks and potential liabilities that may exist during the performance of the services
and in consideration of the promises included herein, AUTHORITY and CONTRACTOR agree to allocate
such liabilities ire accordance With this Ani c I e 6.
6.2 INDEMNIFICATION
The CONTRACTOR shall indemnify and hold harmless the AUTHORITY. and its officers and employees.
from all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR
and other persons emp.loyed or utilized by the CONTRACTOR in the performance of the Agreement
6.3 SURVIVAL
Upon completion of all services, obligations and duties provided for in this Agreement. or in the event of
termination of this Agreement for any reason. the terms and conditions of this Article shall survive.
ARTICLE 7 - INDEPENDENT CONTRACTOR
7.1 The CONTRACTOR is, and shall be, in the performance of all work services and activities performed under
this Agreement, an Independent Contractor, and riot an employee, agent. or servant of the AUTHORITY- All
persons engaged in any of the work or services performed PLILrsuant to this Agreement shall at all times, and
in all places, be subject to the CONTRACTOR'S sole direction, supervision, and control. The
CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the
work, and in all respects the CONTRACTOR'S relationship and the relationship of its employees to the
Ag reement No. 22-2 01 D . .
Page 115 of 524
Agenda Item #4.
AUTHORITY shall be that of an Independent Contractor and not as employees or agents of the
AUTHORITY-
7.2 The CONTRACTOR does not have the power or authority to bind the AUTHORITY in any promise,
agree nt or representation other than specifically provided for in this Agreement.
ARTICLE 8 - AUTHORITY TO CONDUCT BUSINESS
The CONTRACTOR hereby represents and warrants that it has and will continue to, maintain all licenses and
approvals required to conduct its business and perform all requirements in this Agreement.
ARTICLE 9 - COMPLIANCE WITH LAWS
In performance of the Services, the CONT-RACTOR will comply with applicable regulatory requirements including
federal, state, special district- and local laws, rules. regulations, orders, codes, criteria, and standards.
ARTICLE 10 - SUB- CONTRACTiNG
10.1 The AUTHORITY reserves the, right, in Its sole and unfettered discretion, to accept the use of a
subcontractor or to reject the selection of a particular subcontractor Linder this Agreement.
10.2 If a subcontractor fails to perform or -make progress, as required by this Agreement, and it is necessary to
replace the subcontractor to complete the work in timely fashion., the CONTRACTOR shall promptly do so,
subject to acceptance of the new subcontractor by the AUTHORITY.
ARTICLE 11 - FEDERAL AND STATE TAXES
The AUTHORITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, the AUTHORITY will
provide an exemption certificate to CONTRACTOR. The CONTRACTOR shall not be exempted from paying sales
tax to its suppliers for materials to fulfill contactual obligations with the AUTHORITY, nor shall the CONTRACTOR
be authorized to use the AUTHORITY'S Tax Exemption Number in securing such materials.
ARTICLE 12 - AVAILABILITY OF FUNDS
The obligations of the AUTHORITY under this Agreement are subject to the availability of funds lawfully appropriated
for its purpose by the Board of the Solid Waste Authority of Palm Beach County.
ARTICLE 13 - AUTHORITY'S RESPONSIBILITIES
AUTHORITY shall be responsible for providing access to all project sites, and providing information on hand required
by CONTRACTOR. including existing reports, studies, financial information. and other required data that are
available in the files of the AUTHORITY.
ARTICLE 14 - DEFAULT
14-1 The A U TH 0 R I TY m ay, by written notice of default to t h e C ON T RACTOR, terminate the Agreement in whole
o r i n pa rt if th e ON TRAC TOR: a) f ai Is to satisf actorl I y pe rform a n y provis ion s of th i s Agreemen t-, or b) f a i Is
to make progress so as to endanger peftmance under the terms and conditions of this Agreement,- or c)
repeatedly fails to pert m- or d) does: not. remedy any such f al I u re with 1 n a period of ten (10) days (or such
period as the Director Of Purchasing Services may authorize in writing) after receipt of notice from the
Director of Purchasing Services specifying such failure. In the event the AUTHORITY terminates this
Agreement in whole or in part because of default of the CONTRACTOR, the AUTHORITY may, In its sole
Agreement No. 22-2010 -4-
Page 116 of 524
Agenda Item #4.
and unfettered discretion. proc u re g oo d s and/or services similar to those required u nd er th i s Agreement and
the CONTRACTOR shall be [i a b le for any excess costs incurred due to this action.
1442 If it is determined that the CONTRACTOR was not in default or that the default was exGusable (e-g. , failure
due to causes beyond the control of, or without the fault or negligence of the CONTRACTOR), the rights
and obligations of the parties shall be those provided in Article 15 - Termination for Convenience_
ARTICLE15 - TERMINATION FOR CONVENIENCE
15.1 The Director of Purchasing Services may, whenever the interests of the AUTHORITY so require, terminate
this Agreement, in whole or in part, for the convenience of the AUTHORITY. The Director of PurGhasing
Services shall give five (5), business days prior written Notice of Termination to the CONTRACTOR.
specifying the portions of the Agreenent to be terminated and when the termination is to become effective.
It only portions of the Agreement are terminated, the CONTRACTOR has the right to Withdraw, without,
adverse action by the AUTHORITY. from the entire Agreement.
15.2 Unless directed differently in the Notice of Termination, the CONTRACTOR shall in -cur no further obligations
in connection with the terminated work and shall stop work to the extent specified on the date given in the
Notice of Termination- Additionally, unless directed diifferently, the CONTRACTOR shall terminate
outstanding orders andlor subcontracts related to the terminated work.
15-3 Unless the CONTRACTOR is in breach of this Agreement, the CONTRACTOR shall be paid for services
rendered to, the AUTHORITY'S satisfaction through the date of termination specified in the Notice of
Termination.
ARTICLE 16 - UNCONTROLLABLE FORCES
16.1 Neither the AUTHORITY nor CONTRACTOR shall be considered to be in default of this Agreement it delays
in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of
reasonable diligence, the non -performing party could not avoid. The term 'Uncontrollable Forces 11 shall
mean any event which results in the prevention or delay of performance by a party of its obligations under
this -Agreement and which Is beyond the reasonable control of the nonperforming party, It includes, but is
not limited to fire, flood, earthquakes, storms- lightning, epi,demic, pandemic, war, riot, civil disturbance,
sabotage, and governmental actions.
16.2 Neither party shall. however.. be excused from performance if nonperformance is due to forces which are
preventable, removable, or remediable and which the nonperforming party could have, with the exercise of
reasonable diligence, prevented, removed or remedied with reasonable dispatch. The non -performing pally`
shall, within a reasonable time of being prevented or delayed from performance, by an uncontrollable force,
give written notice to the other party describing the circumstances and uncontrollable forces preventing
continued pei1ormance of the obligations of this Agreement -
ARTICLE 17- J URI SDICT ION, VENUE, WAIVER OF JURY TRIAL AN D REMEDIES
This Agreement shall be governed by the laws of the State of Florida- Any and all legal action necessary to enforce
the Agreement shall be in a State court of competent Jurisdiction located exclusively in Palm Beach County. With the
exception of the choice of law and venue provisions contained herein, no remedy conferred upon any party is
intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be In
addition to every other remedy given hereunder or now or hereafter existing at law or in equity. No single or partial
failure by any party to exercise any riight, power, or remedy hereunder, shall preclude that party from exercising that
hght, power or ren-iedy in the future. THE AUTHORITY AND CONSULTANT FREELY AND VOLUNTARILY
AGREE TO WAIVE ITS RESPECTIVE RIGHT TO A JURY TRIAL ON ANY I SSUE(S) SO TRIABLE.
Ag reernent No. 22- 2 01 D - 5-
Page 117 of 524
Agenda Item #4.
ARTICLE 18 — COMMERCIAL NON -DI SCRI MI NATI ON POLICY
As a condition of entering into this Agreement, the CONTRACTOR represents and warrants that it Will comply with
the AUTHORITY's Commercial Non -Discrimination Policy, as described in Section 63 of the AUTHORITY's
Purchasing Manual, including subsequent amendments thereto, if any. As part of such ccmpliance, the
CONTRACTOR shall not disc iminate on the basis of race, color, religion, ancestry or national origin, gender, age,
marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information in the
solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers.
nor shall the CONTRACTOR retaliate against any person for reporting instances of such discrimination. The
CONTRACTOR shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its
public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this
clause shall prohibit or limit otherwise lawful efforts to rerniedy the effects of marketplace discrimination that have
occurred or are occurring in the AUTHORITY's relevant marketplace in Palm Beach County, The CONTRACTC)R
understands and agrees that a material violation of this clause shall be considered a material breach of this
Agreement and may result in termination of this Agreement, disqualification or debarment of the CONTRACTOR from
participating in AUTHORITY contracts, or other sanctions. This clause Is not enforceable by or for the benefit of, and
creates no obligation to, any third party. The CONTRACTOR agrees and understands that the provisions of Section
6.3 of the AUTHOR ITY's Purchasing Manual are incorporated herein by reference and that the CONTRACTOR is
familiar with the contents of same,
ARTICLE 19 - WAIVER
A waiver by either AUTHORITY or CONTRACTOR of any breach of this Agreement shad not be binding upon the
waiving party unless such waiver is in writ-Ing. In the event of a written waiver, such a waiver shall not affect the
waiving party's rights with respect to any other or further or subsequent breach. The making or acceptance of a
payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to
operate as a waiver of any further or subsequent default or breach,
ARTICLE 20 - SEVERABILITY
20-1 The invalidity, illegality, or unenforceability of any provision of this Agreement, or .the occurrence of any
event rendering any portion or provision of this Agreement void, shall in no way affect the validity or
enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed
severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the
Agreerrent did not contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision With a valid provision that cornes as close as
possible to the intent of the stricken provision.
20.2 The provisions of this section shall not prevent the entire Agreement from being void it a provision which is
of the essence of the Agreement is determined to be void.
ARTICLE 21 - ENTIRETY OF AGREEMENT AND MODIFICATION
The AUTHORITY and the CONTRACTOR agree that this Agreement including Exhibits and Attachments,, and any
matters incorporated by specific reference set forth the entire agreement between the parties', and that there are no
promises or understandings other than those stated herein. This Agreement supersedes all prior agreements,
contracts, proposals, representations. negotiations, letters or other communications between the AUTHORITY and
CONTRACTOR pertaining to the services, whether tten or oral. None of the provisions or terms and conditions
contained in this Agreernerill: may be added to, amended, modified, superseded or othervAse altered except by written
instrument executed by the parties thereto
Agreement No- 22-201 D -6-
Page 118 of 524
Agenda Item #4.
ARTI CLE 22 - SUC C ESSORS AND ASSI GN S
AUTHORITY and CONTRACTOR each binds itself and its partners, successors, executors, administrators, assigns
and legal representafives to the other party and its partners, successors, executors, administrators, assigns and legal
representative, CONTRACTOR shall not assign this Agreement without the prior express written approval of the
AUTHORITY in its sole discretion via executed amendment.
ARTICLE 23 - CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the CONTRACTOR to solicit or secure this Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the
CONTRACTOR, any fee, commission, percentage, gift or any other consideration contingent upon or resulting frorn
the award or making of this Agreemnt.
ARTICLE 24 - TRUTH -IN -NEGOTIATION CERTIFICATE
24A Execution of this Agreement by the CONTRACTOR shall act as the execution of a truth -in -negotiation
certificate certifying that the wage rates and costs used to determine the compensation provided for in this
Agreement are accurate, complete, and current as of the Effective Date of t h e Ag reenient ,
242 The said rates and costs shall be adjusted to exclude any significant sums should the AUTHORITY
determine that the rates and costs were increased due to inaccurate. incomplete or noncurrent wage rates
or due to inaccurate representations cif fees paid to outside consultants. The AUTHORITY shall exercise its
rights under this 'Certificate" within one (1) Year following payment.
ARTICLE 25 - OWNERSHIP OF DOCUMENTS
CONTRACTOR shall be required to cooperate with other consultants relative to providing information requested in a
timely manner and in the specified form, Any and all documents, records, disks, original drawings, or of
information shall become the property of the AUTHORITY for its use and/or distribution as may be deemed
appropriate by the AUTHORITY in its sole and unfettered discretion.
ARTICLE 26 - PUBLIC RECORDS, ACCESS AND AUDITS
26.1 It is the intent of this Article to maintain compliance with the Florida Public Records Law, Ch, 119, Florida
Statutes, as amended.
26.2 DESIGNATED RECORDS CUSTODIAN CONTACT INFORMATION:
IF THE CONTRACTOR HAS QUESTIONS
CHAPTER 119, FLORIDA STATUTES,
PROVIDE PUBLIC RECORDS RELATING
REGARDING THE APPLICATION OF
THE CONTRACTOR'S DUTY TO
TO THIS AGREEMENT, CONTACT
k.
THE CUSTODIAN OF PUBLIC RECORDS AT,
RECORDS MANAGER
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
7501 NORTH JOG ROAD
WEST PALM BEACH, FL 33412
561-640-4000 EXT. 4606
R.EC0RDSCUST0D1AN(&,SWA.0RG
Agreement No. 22-201 D -7.
Page 119 of 524
Agenda Item #4.
26.3 The CONTRACTOR shall maintain records related to all charges, expenses, and costs incurred in
estimating and performing the work, -in accordance with the timeframes and classifications for records
retention as per the General Records Schedule GS1-SL for State and Local Government Agencies (see:
h L s - //dos - myflorida. con-Oi brary-a rc h'i ves/records-man g gemenygeneral-records-schedules after completion or
.
termination of this Contract. Upon AUTHORITY'S reqUest, CONTRACTOR shall provide AUTHORITY
with access to such records during normal business hours at a location Wthin Palm Beach County for
purposes of inspection or audit,
26-4 Notwithstanding anything herein to the contrary, the CONTRACTOR expressly acknowledges that, ii) it is
providing a specific service to the AUTHORITY in the performance of this Contract, ii) acting on behalf of the
AUTHORITY in the performance of this Contract; iiiii) that it has read and is familiar with the Florida Public
Records Law, Ch. 119, Florida Statutes, as arnended- and both understand its responsibility and obligation
to comply wilth this law; and Iv) to the extent any question(s) arise regarding its duties to produce public
records, it small contact the records Ilan alter with same,
26.5 Any public records requests directed to- or related in any way to this contract shall be directed solely to the
Records Manager- It the requested records are not in the possession of the Records Manager, they shall
immediately notify the CONTRACTOR and the CONTRACTOR must provide the records or allow access to
the records within a reasonable time. A CONTRACTOR who fails to provide the records to the public
agency Wthin a reasonable tires may be subject to penalties under Florida Statutes (F-S) §119.10, and
§ 119.10(2) provid es I h at, a p erson ugh o wi Illf u 11 y a rid kn owing ly viola tes t he P u bl is Records Act commits a
misdemeanor of the first degree, which is punishable by up to a year in jail and a fine not to excftd $1,000.
26-6 Therefore, the CONTRACTOR is required to-
1) Keep and maintain public records that ordinarily and necessarily would be required by the
A U TH ORI TY in order to perform the service;
2) Upon AU TH ORITY's request from the AUTHORITY's Records Manager-, provide t h e AUTHORITY Wth
a copy of the requested records to allow the records to be inspected or copied within a reasonable time
on the same terms and conditions that the AUTHORITY would provide the records at a cost that
does not exceed the cost prodded by Florida law,
3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the Agreement term
and following the completion of the Agreement if the CONTRACTOR does not transfer the reoords to
the AUTHORITY, and
4) Upon completion of the Agreement, transfer at no cost to the AUTHORITY, all public records
in possession of the CONTRACTOR or keep and rnaintain public records to the AUTHORITY
upon completion or termination of the Ag ree men t, the C ONT RACTOR shall destroy a n y du plicate
pubhc records that are exempt or confidential and exempt from public records disclosure
requirements. If the CONTRACTOR keeps and maintains public records upon completion of
the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the AUTHORITY, upon request
from the AUTHORITY I s Records Manager, either during performance of the Agreement or
after termination or completion of the Agreement in a format that is compatible with the
information technology systems of the AUTHORITY.
26-7 Failure of the CONTRACTOR to comply with these requirements shall be a material breach of
this Contract,
Agreernent No. 22-201 D -8-
Page 120 of 524
Agenda Item #4.
26,8 CONTRACTOR shall maintain financial and program records to justify all charges and costs
incurred in performing the work for at least three (3) years following final payment by the
AUTHORITY as Federal Emergency Management Agency (FEMA) sub -grantee as required by 2
CFR 20,0.333. The AUTHORITY shall have access to such books, records. and documents as
required in this section for the purpose of inspection or audit.
26.9 In the event records retention requirements in Florida Statutes Chapter 119 and 257 exceed those
of FEMA., the records shall be retained to comply with the State of Florida requirements,
ARTICLE 27 - INSPECTOR GENERAL
Palm Beach County has established the Office of the Inspector General (01% Ordinance No. 2009-049 which is
authonized and empowered to review past, present and proposed county contracts, transactions ., accounts and
records. The AUTHORITY has entered into an Interlocall Agreement (ILA) for Inspector General Services. This
agreement provides for the Inspector General to provide services to the AUTHORITY in accordance with the
authority, functions and powers set out in the Palm Beach County Office of Inspector General Ordinance, All parties
doing business with the AUTHORITY and receiving AUTHORITY funds shall fully cooperate With the Inspector
General including providing access to records relating to this agreement. The Inspector General has the power to
subpoena witnesses, administer oaths,require the production of re -cords, and audits investigate, monitor, and inspect
the activities of the CONTRACTOR R. its officercompliances, agents. employees, and lob-byists in order to ensure compliance with
contract specifications and detect corruption and fraud. Failure to coperate with the Inspector General or
iriteri'erence or impel irig any investigation shall be in violation of Ordinance 2009-049, and punished pursuant to
Section 125-69, Florida Statutes, in the same manner as a second-degree misdemeanor.
ARTICLE 28 - NOTICE
Any notioe, demand, communication, or request required or permitted hereunder shall be in writing and delivered in
person or sent by cert �ied m a i 1, postage pre paid as f a I I ows -
AS TO AUTHORITY
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, Florida 33412
Attention; Executive Director
Office No-: 561-640-4000 Fax No_- 561-640-3400
AS TO CONTRACTOR
DRC Emergency Services, LLC
111 Veterans Boulevard
Suite 401
Metairie, LA_ 70005
Attentilon: Kristy Fuentes, Vice PresidenUSecretary/Treasurer
Office No.- 888-721-4372 Fax No.- 504-482-2852 E-Mail: kfuentes.@drcusa-com
Notices shall be effective when received at the addresses as speciedl above. Changes in the respective addresses
to which such notice is to be directed may be made from time to time by either party by written notice to the other
Agreement No. 22-201 D - 9-
Page 121 of 524
Agenda Item #4.
party, Facsimile transmission is acceptable notice effective when received, however, facsimile transmissions
received (Le- -. priinted) after 5: 00 p. rn. or on weekends or holidays, will be deemed received on the next business d ay.
The orig inal of the notice must additionally be mailed as requ ired herel 11.
Nothing contained in this Article shall be construed to restrict the transmission of routine communications between
representatives of CO N T RAC TOR a n d AU T H OR I TY.
ARTICLE 29 - CONTRACT ADMINISTRATION
Services of CONTRACTOR shall be under the general direction of the Chief Operations Officer. or designee, who
shall act as the AUTHORITY'S representative during the term of the Agreement,
ARTICLE 30 - KEY PERSONNEL
CONTRACTOR shall notify AUTHORITY in the event of key personnel changes each might affect this Agreernent.
Notification shall lnmade within ten (10) days of said charges. AUTHORITY has the right to reject any proposed
changes in key personnel. The following personnel shall be considered key personnel,
Kristy Fuentes - Vice President of Compliance and Administration
Cell No-: 504-22C-7682 E-Mail: kfuentes2drcusa,corn
Evan Fancher - Regional Manager
Cell No.: 205-478-6400 E.-Bail: ef ancher @drcu sa. corn
Lisa Garcia Walsh - Contract Mari alter
Cell No-: 504-715-9052 E-Mail, IwalshqIrcusa-corn
Mark Stafford - Vice President of Response and Recovery
Cell No-: 504-415-7945 E-MaiL rnstafford5drcusa.com
..L,
Joe Newm a n.- Vice Presid en t of Op erat i on s
Cell No.: 2114-00 E-Mail: inewrnan(d` drcusa.com
John Sull[van - President
Cell No,:r 832-713-8234 E-Mail. 1$UII1van@.drcusa,com
ARTICLE 31 - EQUAL BUSINESS OPPORTUNITY PROGRAM:
The Governing Board of the AUTHORITY has implemented the Econornic Inclusion Policy administered by the Equal
Business. Oppomunity (EBO) Program Office to ensure that all segments of its business population, induding, but not
limited to local, small, minority, and women -owned businesses, have an equitable opportunity to participate in the
AUTHORITY'S procurement process, in accc(dance with Section 6.1 through 6-4 of the Purchasing Manual. Program
tools and solicitation incentives are hereby referred to as the Affirmative Procurement Initiatives (API),
31-1 Affirmative Procurement Initiative (API):
The AUTHORITY has NOT applied an Affirmative Procurement Initiative to this Agreement,
ARTICLE 32 - SCRUTINIZED COMPANIES
32.1 As provided in F.S. 287-135, by entering into this Agreement or performing any work in furtherance hereof. the
CONTRACTOR oertifies that it. its affiliates, suppliers. subcontractors and consultants who will perform
hereunder, have not been placed on the Scrutinized Companies. With Activities in Sudan List or Scrutinized
Ag reerne n t Colo, 22-2 01 D - 10-
Page 122 of 524
Agenda Item #4.
Companies With Activities in The I.ran Petroleum Energy Sector List created pia rsuant to F.S. 215.473, of is
en g a ged in bus in ess op erati ons i n Cu ba or Syn a.
It the AUTHORITY determines. using credible information avail abLe to the public. that a false certification has
been submitted by CONTRACTOR, this Agreement may be terminated and a civil penalty equal to the greater of
$2 m i I I ion or Woe the amount of this Agreement sha I I be imposed, pursuant to F, S. 287.13 5. Said cert fication
mu st also be submitted at the tirne of renewal of th is .Agreement.
32-2 As provid ed i n F. S. 287.13 5 0 by en terl ng into th is Agreen-en t c r .*orm-
ing any work in furtherance hereof, this
Agreement certifies that it, its affiliates, appliers, suboontractors, and consultants who vAll perform hereunder,
h ave not been p I aced on the Scru tin ized Compa n le s. that Boycor I sr aeI L ist, or is eng aged In a boycott of I srael
pursuant to F.S. 215.4725.
If the AUTHORITY determines, using credible information available to the public, that a false certification has
been submitted by CONTRACT OR, th is may be to rm inated an d a of aril pena It equ al to th e g reater of $2 mill o 11
or twice the amount of this shall be imposed. pursuant to F. S - 2 87.13 5 - S a d certf icat -K)n must a I -so be su b rn itted
at the (Ime of renewal of this Agreement,
ARTICLE 33 - AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES
33.1 The CONTRACTOR agrees that this Agreement constitutes, an offer to all State and local government
agencies of the State of Florida under the same terms and conditions, for the same prices and for the same
effective period as specified in this Agreement should the CONTRACTOR deem it in the best interest of
their business to do so.
33.2 The Agreement in no way restricts or interferes with any State or local government agencies of the State of
Florida from re -solicitation.
ARTICLE 34 — THIRD PARTY BENEFICIARY DISCLAIMER
It is not the intention of these docurrients to create third party beneficiary status in any person or entity that is not a
direct party to this Agreement. and no language in this Agreement should be construed or interpreted as creating a
third party beneficiary.
ARTICLE 35 — E-VERIFY — EMPLOYMENT ELIGIBILITY
35.1 The CONTRACTOR. certifies, warrants and represents that it is in compliance with Section 448.095, Florida
Statutes, as may be amended and that CONTRACTOR shall: (1) register with and use the E-Verity System
(E-Verify.gov) to electronically verify the employment eligibility of all neWy hired workers, and (2) has
verified that all of the CONTRACTOR'S subcontractors performing the duties and obligations of this
Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility
of all newly hired workers. CONTRACTOR shall obtain from each of its subcontractors an affidavit stating
that the subcontractor does not employ, contract with, or subcontract with an Unauthorized Alien, as that
term is defined in Section 448.095(1)(k), Florida Statutes, as may be amended. CONTRACTOR shall
maintain a copy of, any such affidavit from a subcontractor for, at a minimum, the duration of the subcontract
and any extension thereof. This provision shall not supersede any provision of this Agreement which
requires a longer retention period,
35.2 AUTHORITY shall terminate this Agreement if it has a good faith belief that CONTRACTOR hasknowingly
violated Section 448.09(l), Florida Statutes, as may be an -ended, If AUTHORITY has a good faith belief
that one of CONTRACTOR'S subcontractor(s) has knowingly violated Section 448.09(1), Florida Statutes,
as may be amended, AUTHORITY shall notify CONTRACTOR to terminate Its contract with the
subcontractor and CONTRACTOR shall immediately terminate its conVact with the subcontractor. If
AUTHORIT-Y terminates this Agreement pursuant to the above. CONTRACTOR shall be barred from being
awarded a future contract by AUTHORITY for a period of one (1) year .from the date on which the
Agreement No. 22-201 D - 11 -
Page 123 of 524
Agenda Item #4.
Agreement was terminated. In the event of such contract termination. CONTRACTOR shall also be liable for
any additional costs incurred by AUTHORITY as a result of the termination.
ARTICLE 36 - CONFIDENTIALITY
No reports. information, computer programs, documentation, and/or data given to, or prepared or assembled by the
CONTRACTOR under this Agreement shall be made available to any individual or organization by the
CONTRACTOR without prior written approval of the AUTHORITY,
ARTICLE 37 - PAYMENT ADJUSTMENT SCHEDULE
3-71 The AUTHORITY acknowiedges the fluctuating nature of prices.
37,2 Annual Non -Fuel- The Non -Fuel Adjustment shall be applied to those rates subject to ad-justirrent and as
provided vOthin this Agreement. For the purpose of this Agreement, the Non -Fuel component is ZISSL.Imed to
represent 90% of the CONTRACTOR's costs. Therefore, 90% of the approved rates shall be so adjusted:
The rates shall be adjusted as follows:
The rates shall be adjusted annually, co mrnenci n g on the f i rs I anniversary date, by the change in the Water
and Sewer and Trash Collection Services Index, Series ID CUS130000SEFIG, as published by the United
States Department of Labor, Bureau of Labor Statistics (www-bls - The change in the index shall be
calculated by dividing the average of the index over the twelve-month period ending the December
preceding the effective date of the adjustrnent (January - December 2022) by the average of the index over
the twelve-month period from January 2021 through December 2021. The first Annual Non -Fuel adjustment
shall be effective May 7, 2023 to May 6, 2024.
For example:
For the Contract year beginning May 7, 2023, the average of the index over the twelve-month period from
January 2022 through December 2022 s,hal[ be divided by the average of the index over the twelve-month
period from January 2021 -through December 2021, multloying the result by ninety (90) percent of the
contract or AUTHORITY established price, and subtracting ninety (90) percent of the contract or
AUTHORITY established price.
The surcharge/credit shall be rounded to the nearest cent.
Farm uh-
Mast Recent Year A vera g e / Prior Year Average x .90 x Rate - (.90. x Rate) = An n ual Adjustment
Annual Payment Adjustrient Calendar
April April
2023 2024
Extension Clause Annual Pamerat Adlustment Schedule
April
April
April
2025
2026
2027
Agreement No. 22-201 D - 12-
Page 124 of 524
Agenda Item #4.
37.3 Activation Fuel Adjustment (Fuel urchrar el r edit)
The rates subject to .adjustment shall be subject to a fuel price surchargelcredit for fluctuations in the price
of fuel. For the purpose of this Agreement, fuel is assumed to represent 1 o % of the Contractor's costs
therefore 10% of the approved rates shall be so adjusted. Fuel adjustment shall be calculated and effeet.ive
upon activation.
The rate shall be adjusted as fellows:
For the rate subject to adjustment, a fuel surcharge/credit shall be chargedcredited basis based on the
percentage ch an ge i n the average p rice of fuel a s pub li s he d b y th e Oil P r i ce I nformat on Se r vice (OP I) a n d
masured by the OPIS Standard Rack, OPIS No. 2 Distillate Gross Prices, Unbranded Average for Miami,
Flori d a between: t h a rnonth of ,J are u a ry 2022(B as e) and th e most rece nt men t h avai la ble u po n a ti vatlen .
Fuel Adjustment does not use a floor or ceiling and provides adjustments in either direction without limit.
The surcharge/credit shall be rounded to the nearest cent.
Formula:
Most recent Of'15 {at activation} I Bass x .10 x Rate - (.10 x Rate) =Fuel Adjustment for duration of
activation}
For a rule:
Should activation occur October 2023, the fuel surcharge/credit shall be calculated by dividing the reported
unbranded average price for September 2023 by the Basle (unbranded average price for January 0),
multiplying the result by ten (10) percent of the contract or Authority established price, and subtracting ten
10) percent of the contract or Authoriity established price.
7.4 In the event that either of these indices is no longer available, the parties still mutually agree to a
replacement index. The value of the adjustment mill be determined by the AUTHOI IT ,
ARTICLE 38 - ORDER F AGREEMENT T ACTIVATIONILOCATION ASSIGNMENT
The CONTRACTOR has entered into a contingent Agreement with the AUTHORITY for Hurricane.fDisaster Debris
Removal, Reduction, and Disposal. The Agreement awarded will be activated on an as -seeded basis as. solely
determined by the AUTHORITY, The AUTHORITY may activate, assigrWreassig n any or all CONTRACTORS at an
time as may be deemed appropriate depending upon the circurr7stances)F the event, or any other condition which
may warrant such action as it determines in its sole and unfettered discretion.
ARTI CL E 39 - TASK ORDER/PERFORMANCE
Task Orders shall be executed bilaterally, and the scope of services and format of Task Orders shall be mutually
agreed to by the CONTRACTOR and AUTHORITY. Performance will be measured by the retries established in
each Task Order, After 113 and again after of the stipulated number of days of ork in the Task Order have
elapsed, the CONTRACTOR(S) shall provide a written progress report to the AUTHORITY for review and
acceptance. The AUTHORITY shall have the right to correct for CONTRACTOR default or u nderperfcrmance by any
means it deems in its best interest_ CONTRACTOR W11 be required to provide a daily report of quantity of work
performed under each Task order.. The daily report shall be submi Red by 11:00 a, m, or earlier the fo Ilowing mornin
ARTICLE 40 - BONDS
CONTRACTOR shall maintain a Proposal Bond in the sum of $500,000. The NTRA TO 's Proposal Bond will be
returned to the CONTRACTOR in exchange for and acceptance of are appropriate size bond as determined by the
Agreement No. -1 D - 1 -
Page 125 of 524
Agenda Item #4.
AUTHORITY after assessment of damage and definition of the CONTRACTOR's scope of service. In case of
hurricane caused damage, a Category 1 storm would require a $2.000,000 Bond, a Category 11 would require a
$4,000,000 Bond, a Category III would require a $6,000,000 Bond, a Category IV would require an $8,000,000 Bond,
and a Category V would require a $10,000,000 Bond. The Bond required would be a Performance and Payment
Bond, Attachment H_ The cost of the Bond is, included in the unit rates in the Fee Schedule, Exhibit B. The
CONTRACTOR shall maintain the Proposal Bond in effect until the Peftmance and Payn-ent Bond is submitted to,
and accepted by the AUTHORITY. If the CONTRACTOR fails to supply a Performance and Payment Bond, the
AUTHORITY shall be entitled to retain the Proposal Bond to rectify the CONTRACTOR's unacceptable pe0ormance.
Pending successful annual CONTRACTOR recertification, the Proposal Bond shall be in effect for the entire term of
the Agreement, except for period(s) of time when a Pelormance and Payment Bond is in effect.
ARTICLE 41 - FLORIDA HIGHWAY ADMINISTRATION (FHWA) FORM 1273
41 1 This Agreement incorporates all of the provisions set forth in the dcwumen t commonly known as FHVVA
Form 1273, Attachment F, which is Mached hereto and incorporated by reference as part of this
Agreement. The term "contractor' as used in Attachment F shall apply to and mean the CONTRACTOR
who m a y be referred to ire Attachment F :as the " pri me con tractor , "bidder, "proposer' , 4'prospective primafy
participant", "prospective participant", "participant" or the like. The CONTPACTOR will perform the duties
and obligations of the other contracting party regardless of the description or label used in Form 1273,
At ta r. hment F.
41.2 The CONTRACTOR shall comply with the Davis -Bacon wages rates to the extent applicable to the work
performed under this Agreement. The provisions of the Davis -Bacon Act do not apply to debris removal
work unless such work is done in conjunction with a construction project or "linked" to a particular Federal
Highway- Wage rate tables may be found at hft�� //www.dot.state.fl.us/construction/ age.s h t m. Said wage
ra to t ab I e s a re i n corporated 1 nto a rid made part of th i s Ag reerent by referen ce
ARTICLE 42 - BUY AMERICA REQUIREMENTS
The CONTRACTOR agrees to comply Wth the requirements of the Federal Buy America law (See 23 U-&C. 313,
ISTEA Sections 1041(a) and 1048(a), as they may be amended from time to -time) as they relate to Federal -aid
contracts and the use of steel and iron produced in the United States- A description, of the requirements of Buy
America is set forth in Attachment G, which is attached hereto and incorporated by reference as part of this
Agreement, CONTRACTOR shall provide a certification statement regarding the origin of all materials or products
covered under the Buy America provisions and used in its performance of the Agreement in accordance with the
requirements of law and the AUTHORITY. FDOT and FEf A, to the extent applicable.
OWN&I , El ; i d [A 4 4 El I � M 11 W.-I 11 LT1.11 11L i I F.&I 4 111 16 111411 ILI I : &I M: 4 ILI I 14. L
43-1 This provision shall supplement Article 31 "Equal Business Opportunity Program!' of the Agreement. The
Agreement is subject to the requirements of 49 CFR Pao 26. The CONTRACTOR shall not discriminate on
the basis of race, color, national vAgin, or sex in the performance of the Agreement. The CONTRACTOR
shall carry out the applicable requirements of 49 CFR Part 26 in the award and administration of this U.S.
DOT -assisted contract Failure by the CONTRACTOR to carry out these requirements is a material breach
of Agreement. which may result in the termination of this Agreement or such other remedy as the
AUTHORITY deems appropriate, including but not limited to the withholding of payments. Each subcontract
the CONTRACTOR signs with a subcontractor must include the assurance in this paragraph, (See 49 CFP
26.13). Upon request, the CONTRACTOR will provide the AUTHORITY with a copy of each subcontract it
enters into.
43.2 The CONTRACTOR is required to pay its subcontractors performing work related to this Agreement for
satisfactory Wormance of that work no later than thirty (30,) days after the CONTRACTOR's receipt of
payflwnt for that work from the AUTHORITY. The CONTRACTOR may not hold any retainage from its
Agreement No. 22-2010 - 14-
Page 126 of 524
Agenda Item #4.
subcontactors unless pursuant to an agreement approved by the AUTHORITY. The CONTRACTOR shall
return all retainage payments withheld within thirty (30) days after the subcontractor's work has been
satisfactorily co mp leted,
43.3 The CONTRACTOR shall, on a monthly basis, submit payment certficatiorvs, including a certification
regarding their truth and accuracy, for all payments it is seeking and certifications from all subcontractors
indicating who has been paid and how. The certifications shall, comply with all Federal and State
requirements regarding the reporting of DBE participation. The CONTRACTOR shall, if required by the
AUTHORITY or FDOT, report its DBE participation monthly on the Equai Opportunity Repoqing System
located on the Florida Department of Transportation's (FDOT) web site fou nd at
www, b i pi n c we b ap p s. or b izwe bf loir'd a," AudIts may be conducted to review payments to DBE
subcontractors. The CONTRACTOR will fully cooperate with the AUTHORITY, FDOT, or FEMA regarding
the monitoring of subcontractors and payments made thereto.
ARTICLE 44 — CERTIFICATION REGARDING SUSPENSION AND DEBARMENT
44.1 This. Agreement is a covered tratisaction for purposes of 49 CFI Part 29- Accordingly, the CONTRACTOR
shall verify that neither the CONTRACTOR, nor its principals, as defined at 49 CFR 29.995, or aff iliates, as
defined at 49 C F R 29.905, are excluded or d i squ al ifie d from participation in this Agreement as defined at 49
CFR 29-940 and 29-945-
44.2 The CONTRACTOR agrees to comply Frith the requirements of 49 CFR 2-9, Subpart C throughout the term
of this Agreement. The CONTRACTOR must include the requirement to comply Wth 49 CFR 29, Subpart C
in any lower tier covered transaction it enters into. CONTRACTOR's c0ification is a material representation
of fact relied upon by the AUTHORITY. If ft is later determined that the CONTRACTOR knowingly rendered
an erroneous certification, in addition to remedies available to the AUTHORITY. the State or Federal
government may pursue any available remedies, including but not limited to suspension and/or debarment
The CONTRACTOR further agrees that it will include a provision requiring such compliance in all of its
sou bcon t act s or lower tie r co vered tr an sac(ion s. -
ARTICLE 45 — ACCESS TO RECORDS AND THEIR RETENTION
45.1 This provision shall supplement Article 26 of this Agreement. The CONTRACTOR shall mainta"n adequate
records to justify all charges, expe, nses, and costs incurred in estimating and performing the Agreemnt for
at least five (5) years after completilon or termination of this Agreement or FDOT's closure of an "emergency
event'' with the Florida Division of Emergency Management. whichever comes last, except in the event of
litigation or settlement of claims arising from the performance of the Agreement, the CONTRACTOR agrees
to maintain said records unbl all litigation. claims, appeals or exceptions related thereto have been resolved.
The records shall be maintained at a location in Palm Seach County, Florida or such other location in
Florida approved by the AUTHORITY.
45.2 The CONTRACTOR shall make all of 'Its books, records, and other documents related, in any manner to its
or its subcontractors' Performance of the Agreement, available to the AUTHORITY and any other funding
entity (e.g,. F DOT, F E MA, the Comptroller General of the U - S. or any of their authorized representatives) for
the purpose of examination, audit, reproduction, excerpts and transcripts, during normal business hours, at
the CONTRA CTOFF 's place of busiirye ss or if CONTEA CTOR's place of business is not located in Palm
Beach County, then at the location for maintenance of records referenced above. The CONTRACTOR shall
also require its subcontractors to make their books, records and documents available for examination, audit,
reproduction, excerpts, and transcripts,, for the same duration and in the same manner, and at or near the
same locations required herein of CONTRACTOR
Agreement No. 22-201 D - 15-
Page 127 of 524
Agenda Item #4.
ARTICLE 46 - AUDIT REQUIREMENTS
This provision shall supplement Article 26 of this Agreement- The CONTRACTOR agrees that audits may be
undertaken of its records related to its performance of the Agreement as may be authorized or required under OMB
Circular A-133, as revised- The CONTRACTOR agrees that it Mill comply, execute any necessary documents and
fully cooperate with the AUTHORITY and any State and/or Federal funding agency(ies), including but not limited to
FDOT, Florida's Auditor General, FEMA, or any of their authorized representatives, in any audit or monitoring
procedures or processes any such entity(ies) may undertake related to CONTRACTOR's performance of the
Agreement in order to properly and satisfactorily complete the audi( if any.
ARTICLE 47- NATIONAL ENVIRONMENTAL POLICY ACT (N EPA)
The CONTRACTOR shall cooperate with the AUTHORITY. FDOT and FEMA so as to assure that all activities
related to the performance of this Agreement comply with the requirements of the National NEPA of 1969, as
amended, and the regulations and guidance related thereto,
ARTICLE 48 - AMERICANS WITH DISABILITIES ACT
The CONTRACTOR does hereby represent and certify that it will -comply with all the requirements of the Americans
with Disabilities Act of 1990 (42 USC 12102, et seq.), as it may be amended, and all applicable impending
reg ull abo n s of the U. S. DOT, F E A. and other Federal -aid agencies.
ARTICLE 49 - COMPLIANCE WITH TITLE VI, TITLE VII, AND OTHER FEDERAL LAWS AND REGULATIONS
The CONTRACTOR does hereby represent and certify that it will comply with all the requirements imposed by Title
VI of the Civil Rights Act. of 1964 and Tide VI I of the Civil Rights Act of 1968, as they have been and may be modified
from time to time (42 US C 2000d et, Seq. and 3601 et seq,) and the Age Discrimination and Employment Act of 1967
and Section 303 of the Age Discrimination Act of 1975, as amended (42 US C 6102), and all applicable Federal, laws
and regulations, policies, procedures, and directives of the U,S.DOT, FEMA and/or other Federal -aid agencies, as
they may be promulgated and amended from time to time.
ARTICLE 50 - CONVICT LABOR PROHIBITION
The CONTRACTOR does hereby represent and ceNify that it will comply with the convict labor prohibition in 23
U.S.C. 114, and all implementing regulations thereto.
ARTICLE 51 - CERTIFICATION REGARDING LOBBYING ACTIVITIES
A Bidder or Proposer for an award of certain Federal -Aid contracts in the amount of $100,000 or more, must file the
certification required by 49 CFR Part 2. The CONTRACTOR confirms that by signing and submitting a Bid or
Proposal for the work covered by this Agreement, it made the certification described in Section X1 of the AUachnnent
F herein.
ARTICLE 52 - DEPARTMENT OF HOMELAND SECURITY (DHSS SEAL, LOGO, AND FLAGS
The CONTRACTOR shall not use the DHS seal(s), logos. crests, or reproductions of flags or likenesses of DHS
agency officials without specific FE]VIA pre-approva I
ARTICLE 53 - NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to the
AUTHORITY, CONTRACTOR, or any other party pertaining to any matter resulting from this Agreement.
Ag reeme nt To. 2 2-2 01 D -16-
Page 128 of 524
Agenda Item #4.
TENTS OR RELATED ACT
five Remedies for False I i and
nt,
A LL
Page 129 of 524
Agenda Item #4.
EXHIBIT "Aly
/a Witnes s Whereo fj A UTH ORI TY, and CON TRACTOR have made and executed I h i s Ag re e meat al I as of the d ay
and year first above M ften ,
SOLID WASMA. LM BEACH COUNTY:
WITNE By.
Daniel Pellowitz
1 'i!4e Executive Director
2-
APPROVED AS TO LEGAL SUFFICIENCY:
ward -
Irw-wIII
Im ro DC -0VW;W M - E
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By:
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Howard J. F&on, III
General Counsel
WITNE 'S:
1.
V
(SEAL)
APPROVED AS TO TERMS AND CONDITIONS:
Approved by Authority Board on April 13, 2022, Item No.: 9- C. 1
Ag re emnt No. 22- 2 01 D
SIgnafure
Print Name
eeli
Title
Dit MERGEN �,KRV LLC:
Aoft&ed
Kristy I ricintes
Print Name
Vice President, Secretary, Treasurer
Title
Date
(Affix Crate Seat)
Page 130 of 524
Agenda Item #4.
EXH I BIT "A')
SCOPE OF WORK
I -Ci 0 P:_
1. PROJECT DESCRIPTION AND REQUIREMENTS:
A. The AUTHORITY seeks COINTRACTOR to remove and lawfully dispose of disaster -generated
debris (other than hazardous materials and household putrescible garbage) from public
property and public rights -of -way. and to setup and operate Temporary Debris Management
Site(s) {TDMSj in Palm Beach County, Florida, immediately after a hurricane or other disaster,
B. The objective of this RFP and subsequent contracting activity is to secure the services of an
experienced CONTRACTOR who is capable of efficiently removing large volumes of
disaster -generated debris from a large area in a safe, timely and cost-effective manner and
lawfully disposing of all debris, CONTRACTOR must be capable of assembling, directing. and
managing a work force that can complete the debris management operations, in 120 days or
less. The duration of effort/completion dates of all tasks will be determined jointly by the
AUTHORITY and CONTRACTOR. This deterrnination will be set in writing in appropriate Task
Orders).
C. The CONTRACTOR shall perform all work in strict accordance with Federal Emergency
Management Agency (FEMA) guidelines in order to maximize recovery of reimbursable
expenses. This task shall -include the provision of audit quality documentation as required by
and acceptable to FEIVIA for all work accomplished.
1), The CONTRACTOR may be required, at the AUTHORITY'S discretion. to be under the
direction of an agent of the AUTHORITY.
E. While intended to cover debris management needs in any major disaster scenario, the pri-mary
focus is on the threat of hurricane damage to Palm Beach County, Florida. The planning
sta ndards u sed for th is project are based on the a nticipated impacts of a named sto rm event or
major flood impacting Palm Beach County, Florida. The AUTHORITY intends to enter into.
contingency Agreement(s) as further defined herein, to provide emergency debris removal and
disposal services as required by the AUTHORITY.
2. INTRODUCTION:
X The AUTHORITY'S disaster recovery planning includes considerations for removing and
process ing the vol u mes and types of d ebris expected to be generated by a major disaster s uch
as a hurricane or major flood and includes procedures for disposing of that debris. The
planning approach, is formulated in part on the concept of strategic pre -positioning of plans and
resources necessary for timely, safe, coordinated recovery operations. including removal of
debris from public; properly and rights -of -way throughout Palm Beach County using a
combination of county, municipal, and CONTRACTOR forces.
B. If activation is required, the AUTHORITY intends to activate contracts on an as -needed basis
as solely determined by the AUTHORITY, The AUTHORITY intends to activate the
CONTRACTORS in the order of finai ranking as best meets the needs of the AUTHORITY.
The AUTHORITY reserves the right in its sole and unfettered discretion, to assign1reassign any
or all CONTRACTORS at any time as may be deemed appropriate depending upon the
Agreement No, 22-201 D _19-
Page 131 of 524
Agenda Item #4.
EXHIBIT L'AJ1
circurnstance(s), the event, or any other condition which may warrant such action.
C. The AUTHORITY envisions the need for four (4) CONTRACTORS to carry out the debris
removal and disposal work throughout Palm Beach County. The CONTRACTOR must have
the experience and capability to manage a major workforce with multiple subcontractors and to
cover the expenses associated with a major recovery operation prior to the initial AUTHORITY
payment and between subsequent payments, as well as the capacity to provide the necessary
bonds and insurance, The CONTRACTOR must also have an established management team,
an established network of resources to provide the necessary equipment and personnel,
comprehensive debris removal, volume reduction operations plan, and demonstrable
experience In major disaster recovery projects.
D. The Agreement(s) to be awarded under this RFP will be contingency Agreement(s) that will be
activated, only in the fare of an emergency, As such, no compensation will accrue to the
CONTRACTOR urn less and until the Agreement is activated either in anticipation of a natural
disaster or immediately after such disaster.
E, The CONTRACTOR who receives an Agreement for the work, will be required to participate in
certain AUTHORITY directed disaster recovery training and/or exercises, 1 to 2 days each
year. at no cost to the AUTHORITY..
F. The AUTHORITY does not guarantee a CONTRACTOR will be activated it awarded an
Agreement.
3. PLANNING STANDARD FOR DEBRIS REMOVAL AND DISPOSAL:
The AUTHORITY'S goal is to complete the debris removal and disposal process lin 120 days
following the storm event. This assumes that the entire area of the county will be accessible within
that period, Due to the low elevation and potential for flooding, some areas might not be accessible
for several weeks after a major natural disaster, The CONTRACTOR must be aware that it might
not be possible to initiate operations in all parts of the county simultaneously immediately after a
storm-
4. DEBRIS MANAGEMENT:
A, Planning for debris management operations is a function of the AUTHORITY as a supporting
agency to the Palm Beach County Department of Engineering and Public Works, The
AUTHOil ITY"S Emergency Management, Coordinator will direct the debris removal and
disposal operations.
8. In addition to using AUTHORITY forces and equipment, the AUTHORITY intends to execute
four (4) debris removal and disposal Agreements on a contingency basis for the purpose of
having CONTRACTOR(S) immediately available and committed to assisting the AUTHORITY
in the aftermath of a major disaster. Each CONTRACTOR holding a debris removal and
disposal Agreement wIll serve as a General CONTRACTOR for the purpose of debris removal
and disposal operations and will be able to use hWher own and sub -contractor resources to
meet the obligations of the Agreement. It is anticipated, but not required, that the
CONTRACTOR will use both local and non -local subcontractors.
Agree me nt No. 22-201 D -20-
Page 132 of 524
Agenda Item #4.
EXHIBIT 55A'P
C. When a major disaster occurs or is imminent, the AUTHORITY intends to contact the highest
two (2) or three (3) ranked CONTRACTORS holding debris removal and disposal Agreements
to advise them of the AUTHORITY'S intent to activate the Agreement(s). Debris removal will
genefal'ly be limited to debris in, upon, or brought to county residential private and public
streets and roads, rights -of -way. municipal properties and facilitiesand other public sites (this
includes debris from customers assessed for residential solid waste and recycling collection
services by the AUTHORITY), The CONTRACTOR will be responsible for determining the
method and manner of debris removal and lawful disposal operations. Disposal of debris will
be at AUTHORITY approved TO or landfill sites. The CONTRACTOR will be responsible for
the lawful disposal of all debris and debris -reduction by-products generated at all TDMS.
1'hen a major disaster occurs or is imminent, the AUTHORITY will initially send out an Alert to
the selected CONTRACTOR(S), This Alert will serve to activate the lines of communication
between the CONTRACTOR representatives and the AUTHORITY. Subsequently, the
AUTH 0 R IT Y w! I I iss ue the first Task 0 rder which will autho rite the CONTRACTO R to send a n
Operations Manager to the AUTHORITY within 24 hours of receiving such Task Order, to
begin planning for the operations and mobilizing the personnel and equipment as necessary to
perform the stipulated work, This first Task Order will also direct the CONTRACTOR to
execute the required Performance and Payment Bond, The CONTRACTOR should anticipate
receiving this first Task Order 24 to 72 hours before projected landfall of a hurricane or major
flood. Depending on the nature of the storm and circumstances, the AUTHORITY may activate
more than one (1) CONTRACTOR. CONTRACTOR(S) will generally be activated in order of
final ranking,
E. Specific task orders will be issued to select CONTRACTORS based on the best interest of
Palm Beach County. The AUTHORITY reserves the right to assign work or task orders to
various CONTRACTORS based on capability, The AUTHORITY does not guarantee a cradle
to grave pricing arrangement bUt reserves the right to pick and choose CONTRACTORS
based on ranking.
F. The general wncept of debris removal operations includes multiple, scheduled passes of each
site, location. or right-of-way. This will allow residents to return to their properties and bring
debris to the private and public right-of-way as recovery progresses. The AUTHORITY will
prescribe the specific schedule to be used after ascerta,ire ing the scope and nature of the
disaster's impacts.
G. The AUTHORITY will make every effort to idea ffy strategically located public and private
TDMS throughout the county prior to a natural disaster. Depending upon the severity of the
natural disaster, additional public and private TDMS will be identified as needed.
H. The CONTRACTOR will op-erate the public and private TOMS and only CONTRACTOR
vehicles and others specifically authorized by the AUTHORITY will be allowed to use the sites.
Only one (1) level of subcontractor will be allowed to operate the sites. There will be no multi -
tiered subcontractors (sub of a sub) allowed to operate TDMS, The CONTRACTOR is
responsible for all activity at TDIVS operated by their subcontracts r and must have an
employee on site at all times to oversee daily operations, The locations of both, ipubficly and
Privately owned sites currently under consideration are shown on Attachment C.
Additional public and privately owned TDMS may become available as plans develop, The
Agreement No- 22-201D -21-
Page 133 of 524
Agenda Item #4.
EXHIBIT "APT
availability of both private and public TDMS may change during the term of the Agreement.
1. The AUTHORITY may also establish designated homeowner drop-off sites on a public right -a-
way (PROW) for communities. The CONTRACTOR will be responsible for removing all eligible
debris from those approved designated locations at the direction of the Emergency
Management Coordinator or designee.
J C u rbs ide segregation of d ebris and d is aste r-ge nerated or related wastes w! I I be an elleme nt of
the AUTHORITY'S disaster recovery program. The debris removal and disposal
CONTRACTOR will be required to aid in the segregation and waste stream managemenl
processes. Any Household Hazardous Waste (HHVV) encountered by the debris removal
CONTRACTOR is to be set aside. HHW disposal will be the responsibility of the resident. The
AUTHORITY will designate HHW drop-off locations.
K. The following items are considered HHW for the purpose of this Agreement:
1. Used Oil
2. Batteries
3. Paint
4. Aerosol spray cans
5. Pesticides
6, Antifreeze
7Fluorescent light bulbs
8, Propane tanks (household size)
L. The CONTRACTOR. will setup a lined containment area and separate any HHW inadveNe
delivered to a TDM-S.
M. Commercial and industrial hazardous waste such as chemicals, gas containers, transformers.
and any other fo rm of hazardous or toxic matter w! I I be set as ide fo r collection and d isposa I by
a Hazardous Materials Removal' and Disposal Contractor who will be selected by the
AUTHORITY.
N. Putrescible residential garbage will be collected by AUTHORITY franchise waste haulers and
is not to be collected or transported by CONTRACTOR forces. The AUTHORITY may enter
into a separate emergency debris removal agreements with each franchise hauler to operate
their dedicated self -loading collection equipment within their Service Area for FEMA eligible
storm debris removal.
This section is divided into three (3), subsections-
5.1 Debris Removal and Disposal Operations from residential public and private streets,
roads a nd rig hts-of-way an d delivered to a T DM S des is nated by the Authority.
5.2 TDMS Operations which includes daily operations as well as reclamation of the site to its
pre -storm condition or as directed by the AUTHORITY Emergency Management
Coordinator
Agreemnt No. 22-201 D -22-
Page 134 of 524
Agenda Item #4.
EXHIBIT "A"
5.3 Processing, Loading and Hauling Material from TIDE S to final destination,
A. Specific work authorizations by the AUTHORITY will be through written Task Orders.
Task Orders w1fl define the job to be accornp4shed, location of job, firnefrarne for
completion, rates to be used. etc. Any job with requirements or rates not covered by
this Proposal will be negotiated. The AUTHORITY reserves the right to extend
operations on a weekly basis. Task Orders will be executed bilaterally. Performance
will be by the metrics established i n the Task Order(s). After 1 f3 and again after 2/3 of
the stipulated number of days of work in the Task Order have elapsed, the
CONTRACTOR(S) shall provide written progress report to the AUTHORITY for review
and acceptance. The AUTHORITY shall have the right to correct for CONTRACTOR'S
default or u nderperforma nce by any means it deems in its best interest at the
CONTRACTOR'S expense,
B. The CONTRACTOR shall commence mobilization immediately upon receipt of the
mobilization Task Order meeting the following progress patterns: 48 hours- collection
activity within assigned Collection Service Area. Within ten (10) calendar days
CONTRACTOR shall have 100% of all necessary equipment operating 'within al'i
Collection Service Areas. This represents a minimum response schedule and does not
restrict an earlier response. Subsequently, the AUTHORITY may issue additional Task
Orders to define more precisely the work. to be accomplished or to authorize additional
work, The CONTRACTOR shall perform in accordance with each Task Order in all
designated Collect -Ion Service Areas estab[ished by the AUTHORITY. Each Task
Order will be uniquely and sequentially numbered,
C. The CONTRACTOR is authorized to collect debris during daylight hours, seven (7)
days per week. Any deviations from this schedule will require AUTHORITY approval,
D. The CONTRACTOR must be duly licensed to perform the work in accordance with the
State of Florida statutory requirements. The CONTRACTOR shall obtain all permits
necessary to complete the work. The CONTRACTOR shall be responsible for
determining what permits, are necessary to perform under the Agreement. Copies of all
permits shall be submitted to the AUTHORITY's Director, Customer Information
Services prior to issuance of the first Task Order.
E. The quantity of work required to complete the Agreement resulted from this RFP is
estimated- The actual effort required may be more or less than the estimated amount
s hewn i n th e Propos al Form 3 — Pf ice Prauosa I , Payment will be made at the un it rates
proposed. The output will be verified by the AUTHORITY's Director, Customer
Services in the daily operational report. Should hourly rates be used to pay for certain
equipment other than preventative maintenance, not in excess of fifteen (15) minutes
in a normal workday, will be paid at the regular hourly rate. Preventative maintenance
or down time resuffing from equipment failure, routine ma[ntenance and fueling that
exceeds fifteen (15) minutes will be considered unacceptable work and non- payment
of that firrie will be rounded off to the half hour of all hours where delays occur -
Preventative maintenanGe is defined as the usual field maintenance to keep
equipment in operating condition without the use of extensive shop equipment. Fueling
of equipment will be considered as part of preventative maintenance.
Agreement No. 22-201 D -23-
Page 135 of 524
Agenda Item #4.
EXHIBIT "All
F The CONTRACTOR shall be responsible for correcting any notices of violations issued
as a result of the CONTRACTOR'S or any subcontractor's actions or operations during
the performance of this Agreement- Corrections for any such violations -shall be at no
additional cost to the AUTHORITY,
G, The CONTRACTOR shall conduct the work so as not to interfere with the disaster
response and recovery activities of federal, state or aocal governments or agencies, or
of any public utilities or other private contractor.
H. The CONTRACTOR shall provide contact information for all key personnel to the
AUTHORITY that shall include name. phone number, cellular phone number and erinall
address. The CONTRACTOR and its agents shal'I respond in a timely manner to all
AUTHORITY inquiries at all times.
6. DEBRIS REMOVAL AND DISPOSAL OPERATIONS
6.1 General:
A, The purpose of this section is to define the requirements for debris removal and
disposal operations after any catastrophic disaster within Palm Beach County, The
AUTHORITY may designate zones for C011Ktion and disposal locations for debris
collected. CONTRACTORS will be tasked with a service area(s) for this specific work
immediately after the activation of the Agreement.
B. FQr work pefformed on a Time and Materials basis, all hourly equipment rates shall
include the cost of the maintenance, fuel, repairs, overhead. profit, insurance, and all
other costs associated with the equipment including labor and operator,
6.2 Services:
A. The CONTRACTOR shall provide equipment, operators, and laborers for debris
removal operations, The CONTRACTOR shall provide all labor and materials
necessary to fully operate and maintain (iroc luirig fuel, oil, grease, and repairs) all
eq u 1 pment u rider this Ag reement.
B. All rates are to include the cost of protective clothing (to include hardhats and steel -
Wed boots). fringe benefits, hand tools, supervision. transportation., lodging, meals
and all other costs,
C. The work shall consist of clearing and removing disaster generated debris as directed
by the AUTHORITY Emergency Management Coordinator. CONTRACTOR shall
provide collection equipment the day following a natural disaster or as directed by the
AUTHORITY and shall provide equipment sufficient to collect a minimum of 50,000
cubic yards of debris per day within ten (10) calendar days of collection
commencement (Past AUTHORITY natural disaster cleanup records show that ten
(10) days' following disaster, 95.,000-126.,000 cubic yards of debris collected per day),
Faillu re to pro vide suff iclen t eq u i pmerit necessary to collect req u ired amount may re s u It
in the AUTHORITY entering into a separate agreement with another contractor for
collection services,
Agreement No. 22-201 D -24-
Page 136 of 524
Agenda Item #4.
EXHIBIT"A"
6.2.1 Removall,of Hazardous Leaning Trees and Hanging Limbs
a) Under this contract, work shall consist of all labor, equipment, fuel, and
miscellaneous costs necessary to remove all hazardous trees twelve inches
(112") or greater in diameter, measured three feet (3') from the base of the tree
or chest height and hanging limbs two inches (2 1P ) or greater in diameter
existing in private and public right-of-way, Further. debris generated from the
removal of hazardous trees and hanging firnbs two inches (2") or greater
existing in private and public, right-of-way will be placed at the public right-of-
way for removal as vegetative debris. Hazardous leaning trees less than
twelve Inches (1Z) in diameter, measured three feet (3) from the base of the
tree or at chest height, will be flush out, and placed on the public right-of-way
to be removed as vegetative debris. The AUTHORITY will not compensate the
CONTRACTOR for leaning trees less than twelve inches (12") in diameter on
a unit rate basis -
b) Removal and transpo0ation of hazardous trees twelve inches (12") or greater
in diameter and hanging limbs two inches (2") or greater in diameter existing in
private and public. right-of-way will be performed as identified by the
AUTHORITY, All disaster specific eligibility guidelines regarding size and
diameter of leaning trees will be communicated to the CONTRACTOR, in
writing, by the AUTHORITY. In order for leaning or hazardous trees to be
removed and elgible for reimbursement. the tree must satisfy a minimum of
one ( 1 ) of the following requirements-
i) The tree is leaning in excess of 30' degrees in a direction that poses an
immediate threat to public health, welfare, and safety.
1i) The tree is dead, twisted, or mangled as a direct result of the sto,rm and a
certified arborist can attest to the fact that the tree will die and potentially
create a falling hazard to the public.
6.2.2 Removal of Hazardous Stumps
a) Under this contracl, work shall consist of all labor, equipment, fuel, and
miscellaneous costs necessary to remove all hazardous uprooted stumps 24
inches or greater in diameter, measured 24 inches from the base of the tree
existing in private and public right-of-way. Further. debris generated from the
removal of uprooted stumps existing in private and public right-of-way will be
placed at the public right-of-way for removal as vegetative debris. Stumps
measured 24 inches from the base of the tree and less than 24 inches in
diameter will be considered normal vegetative debris and removed in
accordance with 3.1.2. The AUTHORITY will not compensate hazardous
stumps less than 24 inches in diameter on a unit rate basis and instead will be
considered normal vegetative debris. The diameter of stumps less than 24
inches will be converted into a cubic yardage volume based on the published
FEMA stump conversion table (In accordance with current FEMA public
assistance quidellines) and removed under the terms and conditions of 2.6.2.
b) Removal and transportation of hazardous uprooted stumps existing in the
Ag reernent No. 22-2 01 D -25-
Page 137 of 524
Agenda Item #4.
EXHIBIT "A"
private and public right-of-way and private property will be performed as
identified by the AUTHORITY. All disaster specific eligibility guidelines
regarding s ize an d d is meter of h aza rdous stu m ps will be comma n icated to the
CONTRACTOR, in writing, by the AUTHORITY. In order for hazardous
stu rn ps to be removed and efig 1 ble fo r re i m bu rsement, the stu rnp must s atisf y
the following requirement:
(i) Over 50% of the tree crown is damaged or broken and heartwood is
exposed.
(ii} Tree stumps that are not attached to the ground will be considered normal
vegetative debris and subject to removal under the terms and conditions
of 2.1. The cubic yard volume of the unattached stump will be based off
of the diameter conversion using the published FEMA stump conversion
table (In accordance with current FEMA public assistance guidelines).
The AUTHORITY OF its representative will measure and certify all stumps
before removal.
6.2.3 Collection of Storm Generated Residential Vegetation and Construction and
Demolition Debris:
a) It is the AUTHORITY'S goal to ensure that Vegetation and
Construction/Dernolition debris remain separate task orders for the collection
of Vegetation and Construction loads. Mixing of loads by the CONTRACTOR
at the road right of way will not be tolerated.
Work may include:
(i) First pass to clear debris from emergency evacuation routes, access
roads to critical facilities and all primary roadways.
(11) Clearing debris from residential private and public road right of ways -
(111) Loading the debris.
(iv) Hauling the debris to an approved AUTHORITY TDMS or an authorized
private construction demolition debris recycling facility or landfill.
(v) Dumping the debris at the TDMS or direct haul to an Authority permitted
approved private Construction and Demolition Debris (C&D) recycling
facility or Authority authorized landfill.
b) Debris delivered to a TDMS, private C&D recycling facility or authorized landfill
will be paid based on the per cubic yard price according to the Prop Form
3 - Price Props I.
6.2.4 Hourly Rate Clearing.
a) From 0-70 hours following a disaster CONTRACTOR, as designated by the
AUTHORITY, shall provide the clearing services on an hourly rate that shall
include the following:
(i) Clear debris from emergency evacuation routes, access roads to critical
facilities, and primary roadways.
Agreement No- 22-201 D -26-
Page 138 of 524
Agenda Item #4.
EXHIBIT "A55
{iij Perform emergency removal of debris If needed for life-saving measures.
(fl!) Conduct daily briefings with debris managers and other officials to update
progress and discuss issues,
(iv) Develop a traffic control plan along potential haul routes and at debris
management and disposal sites,
b) The CONTRACTOR shall not move from one designated Collection Zone to
another area without prior approval from the AUTHORITY's Director,
Customer Information Services or designee. CONTRACTORS and/or
subcontractors that move to a designated Collection Service Area without i I prior
AUTHORITY approval may be terminated immediately. The AUTHORITY
reserves the right to relocate CONTRACTOR to other Collection Service
Areas based on need and ability to perform required work at an acceptable
level. The AUTHORITY reserves the right to immediately terminate
CONTRACTOR and any subcontractor who falls to provide service in strict
accordance with guidelines set forth by FERIA and the AUTHORITY.
c) The AUTHORITY or designee shall forward all claims of damage to the
CONTRACTOR daily. CONTRACTOR shall provide all contact information,
including name, phone number, cellular phone number, fax number and email
address, for personnel responsible for resolving all claims of damage,
CONTRACTOR must respond to all claims of damage within 24 hours and
resolve within ten (10) calendar days. Mailboxes must be repaired or replaced
within two (2) calendar days. CONTRACTOR is responsible for all damage
caused by his crew and/or subcontractors in the performance of debris
removal.
d) In the event the CONTRACTOR falls to repair damages as a result of the
Contractor's equipment failure or negligence within the time provided in this
Agreement, the AUTHORITY or designee may arrange for the repairs and
assess the CONTRACTOR for the cost of the repairs and any applicable
administrabve charges. Any disputes as to damage responsibi,lity will be
presented to the Director. Customer Information Services or designee for
review. The decision of the Director, Customer Information Services or
designee will be final.
6.3 Equipment:
A. All trucks and equipment, must be in compliance with all applicable federal, state, and
local rules and regulations. Trucks used' to haul debris must be capable of rapidly
dumping their load without the assistance of other equipment, be equipped with a
tailgate that will effectively contain the debris during transport that will permit the trucks
to be filled to capacity. Cyclone fence may be used as temporary tailgates if they
comply with the following specif !cation s :
1. Fencing must be permanently attached to one side of the truck bed.
2. After loading, the fencing must be tied to the other side of the truck bed at two
places with heavy gauge wire.
3, Fencing must extend to the bottom of the bed,
Agreement No, 22-2010 - 27-
Page 139 of 524
Agenda Item #4.
EXHIBIT "A55
4. After loading, bottom of fencing shall be light against the bed of the truck and
secured at a minimum of two locations-
5. Solid iron metal bars must be secured to both sides of th e fe not n g.
6. There shall be no hand loaded equipment allowed.
B. The AUTHORITY or designee shall complete certifications indicating the type of
vehicle, make and model, license plate number, equipment number, and measured
maxi -mum volume, in cubic yards, of the load bed of each piece of equipment utilized
to haul debris. The measured volume of each piece of ,equipment shall be calculated
from actual internal physical measurement performed and certified by the
CONTRACTOR. Maximum volumes may be rounded u p to the nearest cubic yard, The
reported measured maximum volume of any load bed shall be the same as shown on
the placards aff fixed to each piece of equipment. The AUTHORITY reserves the right to
re -measure trucks and trailers at. any time to verify reported capacity. If a truck, and/or
trailer are re -measured and the yardage capacity is determined to be lower, the lower
yardage volume will be retroactive to the, initial load and total volume adjusted
accordingly.
C. All trucks and trailers utilized in hauling debris shall be equipped with a tailgate that will
permit the vehicle to be loaded to capacity and effectively contain the debris on the
vehicle while hauling. If installed. al'I sideboard extensions must remain in place
throughout the operation, or the vehicle must be re -measured and remarked. All
extensions to the bed are subject to acceptance or rejection at the sole discretion of
the AUTHORITY or designee.
D, Trucks or equipment designated for use under this Agreement shall not be used for
any other work during working hours. The CONTRACTOR shall not solicit work from
private citizens or others to be performed in the designated Coflectsion Service Area
during the period of this Agreement. Under no circurnstance will the CONTRACTOR
mix debris hauled for others with debris hauled under this Agreement. Failure to
comply will result in no payment to CONTRACTOR and the operator and vehicle will
be declared ineligible to provide any additional emergency debris collection services.
Any and all unapproved changes to placard will result in no payment to
CONTRACTOR and the operator and vehicle will be declared ineligible to perform any
additional emergency debris collection services,
6.4 Securing Debris
The CONTRACTOR shall be responsible for properly and adequately securing debris on
each piece of equipment ublized to haul debris. Prior to -leaving the loading site, the
CONTRACTOR shall ensure that each load is secure and trimmed so that no debris
extends horizontally beyond the bed of the equipment in. any direction, All loose debris
shall be reasonably compacted during loading and secured during transport, Tarps or
other coverings shall be provided by the CONTRACTOR to prevent materials from falling
or being blown from the bed, Loads not properly to reed or otherwise covered will not be
allowed to dispose at any AUTHORITY approved TIDIAS which may result in non-payment
loCONTRACTOR.
Agreement No. 22-201 D -28-
Page 140 of 524
Agenda Item #4.
EXHIBIT "A55
6.5 Equipment Signage
Prior to commencing operations, the AUTHORITY or designee shall affix to each piece of
equipment, signs or markings indicating the Owner Operator's name and a unique
equipment identification number. One sign shall be placed on each side of the equipment.
For those trucks, trai'lers and other equipment intended to haul debris, the maximum
volume, in cubic yards. of the load bed shall also be shown. Each operator shall keep
AUTHORITY certification with them at all times. Placards must remain on both sides of
eq u i pmen t.
6.6 Other Considerations
A. The CONTRACTOR shall assign and provide an Operations Manager (CM) to the
AUTHORITY TDIVIS to serve as the principal liaison between the AUTHORITY
Director, Customer Services or designee and the CONTRACTOR'S forces. The
assigned CM must be knowledgeable of all facets of the CONTRACTOR'S operations
and have authority in writing to commit the CONTRACTOR. The OM shall be on call'
24 hours per day, seven (7) days per week and shall have electronic lin kage capability
for transmitting and receiving relevant contractual information and make arrangements
for onsite accommodations. This linkage shall provide immediate contact via cell
phone, Fax machine, and have Internet capabilities. The OM will participate in daily
meetings and disaster exercises, funcfioning as a source to provide essential element
information. The OM will report to the AUTHORITY Director, Customer Services or
designee. This position will not require constant presence: rather the OM will be
required to be physically capable of responding to the AUTHORITY Emergency
Management Coordinator within 30 minutes of notification.
8. The CONTRACTOR shall be responsible for control of pedestrian and vehicular traffic
in the work area- At a minimum, one flag person should be posted at each approach to
the work area,
C. The CONTRACTOR shall supervise and direct the work, using skilled labor and proper
equipment for all tasks. Safety of the CONTRACTOR'S personnel and equipment is
the responsibility of the CONTRACTOR. Additionally. the CONTRACTOR shall pay for
aII materials, personnel, taxes. and fees necessary to perform under the terms of this
contract.
D. Payment for debris hauled will be based on the quantity of debris hauled in cubic
yards.- Debris hauled to a TDIAS will require a validated load ticket. Drivers will be
given an electronic load tickets at the loading site by an AUTHORITY loading site
monitor. The quantity of debris hauled will be estimated in cubic yards at the TDIVIS by
an AUTHORITY TDIVIS monitor. The estimated quantity will be recorded on the
electronic load ticket. The AUTHORITY TDIVIIS monitor will retain one copy of the
paper load ticket and the driver will retain the remaining copies of the load ticket.
Debris being hauled to a permanent landfill will be paid based on cubic yards recorded
on an approved electronic or paper load ticket. Payment will be made against the
CONTRACTOR'S invoice once site monitor and CONTRACTOR load tickets and/or
scale tickets match. Load tickets not properly completed and signed will not be paid.
Ag reme nt N o. 22-2 01 D -29-
Page 141 of 524
Agenda Item #4.
EXHIBIT LLA15
7. TEMPORARY DEBRIS MANAGEMENT SITES (TOMS} OPERATIONS
7.1 General
A. The purpose of this section is to define the requirements for TDIVIS Operations after
an y catastrophic d isaster with 1 n Pa Im Beach Cou n ty.
B. The CONTRACTOR shall, use only TDIVIS designated by the AUTHORITY Emergency
Management Coordinator.
C., The TDIVIS foremafl shall direct all vehicular traffic and load drop-off operations_ Different
types of debris shall be kept in separate piles at the TDIVIS. At a nninimum, one flag person
shall be posted at each TDIVIS for traffic control and to direct unmixed loads to proper location
(by debris type) to be offloaded. CONTRACTOR shall be responsible for sorting and proper
placement of all loads not dumped in appropriate location which results in mixing the once
separated debris at no charge to the AUTHORITY.
D. The CONTRACTOR shall begin grinding vegetative debris within five (5) calendar
days of TDIVIS opening date and removing mulch/wood chips within ten (10) calendar
days of site opening date. It is very impolant your plan provides specific information
for the final disposal destination location of the mulch / wood chips removed from the
public or private TDIVIS. The CONTRACTOR shall begin removal of Construction and
Demolition/mixed debris from TDIVIS to an approved final destination within five (5)
days of site opening date-
7.2 TDIVIS Services
7.2.1 Site Setu p/Prepa ration and Site CloseouVRestoration Site setup/prepa ration
and site closeoutirestoration shall be compensated on a time and materials basis
in accordance with the h0ffly rates provided in the PrDpQsal Fero 3 — Price
Proposal Site set-upipreparation/closeouVrestoration includes: clearing, stripping,
hauling, fill placement, constructing/deconstructing processing pads. limerock or
crushed concrete access roads, seeding, and any other similar activity necessary
to make the site usable for its. intended purposes and to return the site to its
original condition. Do not include any materials in calculating the hourly rates in
the Proposal Form 3 - Price Proposal. Important- Phase I TDIVIS Beclarriation is
included in the 2.0 cubic vary. Phase I Reclamation requires the contractor to
remove all debris from the TryVIS including small particles mixed with soil and
grading the entire area. The only site closeout cost will be removal of road base
material and seeding as approved by the Authority.
7.2.2 TDIVIS Operations and Material Processing
a. TDIVIS operations and material processing shall be compensated in
accordance with the unit prices provided in the Pro pos I Forrn 3 - Price
Proposali The CONTRACTOR shall provide equipment. operators, and
laborers for TDIVIS operations as specified by Task Order. Unit prices provided
in the Proposal Form 3 - Price Proposal. shall include all labor and materials
necessary to fully operate and maintain (including fuel, oil, grease, repairs,
operator, mobilization, demobilization. overhead, profit, lodging and insurance)
Agreement No. 22- 2 01 D -30-
Page 142 of 524
Agenda Item #4.
EXHIBIT "A"
all equipment under this Agreement. Each Inspection Tower shall be equipped
with two (2) portable toilets. Toilets shall be provided immediately upon
completion of tower assembly, CONTRACTOR shall provide a water truck for
the purpose of applying to site surface to minimize dust. The AUTHORITY
shall provde a front -load garbage container and collection service of the
container at each TDMS. CONTRACTOR shall be responsible for cleaning up
all trash and litter generated on the site from daily operations and depositing
into the container for collection. The entrance roadway and surrounding area
within 11;2 mile of the site's entrance shall be cleaned daily by the
CONTRACTOR, All pre -storm identified sites shall be opened by the
CONTRACTOR within three (3) calendar days after receiving approval from
the AUTHORITY to operate the TDMS. Failure to open sites with proper
equipment and necessary personnel will result in liquidated damages of
$10,000 per day. All rates shall include the cost of protective clothing (to
include hardhats and steel -toed boots), fringe benefits, hand tools,
supervision, transportation. lodging, meals, and any other costs. The work
shall consist of managing the operations of a TDMS and performing debris
reduction by air curtain incineration and/or grinding of storm generated debris
as directed by the AUTHORITY Emergency Management Coordinator
b. The AUTHORITY plans to use two types of TDIMS.
1 Vegetative TO will be devoted to the reduction of clean woody
debris by either burning or grinding. The AUTHORITY expects the
material to be recycled and or beneficially re -used if processed by
grin -ding. It is important to provide a detailed plan on how this
material will be recycled or beneficially reused after grinding
reduction.
Z Depending upon the size and type of devastation the
AUTHORITY may require a separate Construction & Demolition
(C&D) staging area, rnixed debris staging area and a separate
Household Hazardous Waste staging area. The AUTHORITY
requests that PROPOSER implements recycling and or reduction
programs to minimize the quantity of construction debris material
to be land filled,
c. Material com i ng into the Vegetative or C & D TOMS will be mea su red and paid
for by the cubic yard according to the Proposal Form 3 - Price Proposal,.
Material removed and transported from a C&D TDMS will be measured and
paid by the cubic yard according to the Proposal Form 3 - Price Prom,
d. Locations of all TDMS will be approved by the AUTHORITY, The AUTHORITY
Emergency Management Coordinator must approve site improvements before
work begins and any costs. other than those in the Proposal Form 3 — Price
Proposal, that might have been negotiated under a Task Order shall be
documented for payment.
e. Material processed at a TDMS by either grinding or burning will be measured
Agreement No, 22-201 D - 31-
Page 143 of 524
Agenda Item #4.
EXHIBIT "A"
using cubic yards frorn incoming load tickets. Material entering a TDIVIS will be
deposited in manageable piles.
7.3 Reporting
The CONTRACTOR shall submit a report to the AUTHORITY Emergency Management
Coordinator or designee by close of business each day of the term of the Task Order,
Each report shall contain, at a minimum, the following information:
1 , Contractor's Name
2. Con -tract Number
3. Daily and cumulative hours for each piece of equipment, if appropriate
4 Da ily and cu rn u lative hours for person n el. by position, if appropriate
5. Volumes of debris handled
Failure to provide audit quality information by, 5,00 p.m- of the following day of operation
will subject CONTRACTOR to non-payment in each instance at the sole discretion of the
AUTHORITY.
7.4 Other Considerations
A. The CONTRACTOR shall supervise and direct the work, using skilled labor and proper
equipment for all tasks. Safety of the Contract&s personnel and equipment is the
responsibility of the CONTRACTOR, Additionally, the CONTRACTOR shall pay for all
materials, personnel, taxes, and fees necessary to perform under the terms of this
contract,
B. The CONTRACTOR shall be responsible for control of pedestrian and vehiCUlar traffic
in the work area. In the event a TDMS must be closed due to CONTRACTOR
equfpment or operational failures, CONTRACTOR shall be liable for liquidated
damages in the amount of $25,000.00 per day for every day the site has to remain
closed.
7.5 Debris Clearance (for access) from Right -of -Ways and Public Property
A. The AUTHORITY provides support to Palm Beach County Government for Debris
Management,, including the clearance (moving debris from the middle of the road, etc.)
of debris from right -of- ways and public property, PaIrn Beach County intends to
perform debris clearance for access with its own forces or under existing contractual
Agreements between the County and local firms. However, in a significant disaster,
these resources may be insufficient to perform the clearance activities in a timely
manner.
B. This debris clearance is to be considered supplerrental and optional service. it is
anticipated that debris clearance activities would be conducted, if needed, on a time
and material basis using the rates in the Proposal Form 3 — Price Proposal.
Ag reerr -ent N o - 22- 2 01 D - 32-
Page 144 of 524
Agenda Item #4.
EXHIBIT IWI
8. PROCESSING, LOADING AND HAULING MATERIAL:
CONTRACTOR shall provide all necessary labor, material and equipment to process, load and
haul wood chips from TDIVIS in Palm Beach County to final destination for disposal.
CONTRACTOR shall provide all necessary labor. material and equipment to load and haul
construction and demolition debris and/or mixed debris from TDIVIS as directed by the
AUTHORITY. The AUTHORITY reserves the right to contract with other firms to process, load and
haul wood chips and construction and/or mixed debris to a final destination as may best meet the
needs of the AUTHORITY. All wood chips, construction and/or mixed debris shall be disposed of
in accordance with all Local, State of Florida and Federal guidelines.
CONTRACTOR will provide detailed listing to the AUTHORITY of the folio wirig:
1. Quantity (loads and cubic yards)
2. Owner information
3- Site where mulch I reduced yard waste material generated at TDMS is disposed, to include
address/GPS location,
4. AUTHORITY will determine final private or public Construction/Demol ition debris
disposal/recycling facility.
9. MISCELLANEOUS REQUIREMENTS
9.1 TDMS Foreman
A. The TDIVIS foreman must be an employee of the CONTRACTOR and is responsible
for management of all operations of the site to include, traffic control, dumping
operations, segregation of debris, burning, grinding, and safety.
B. The TDIVIS foreman will be responsible for monitoring and documenting equipment
and labor time and providing the daily operational report to the AUTHORITY Director,
Customer Services or designee,
9.2 TDMS Night Foreman,
A. The TDIVIS night foreman must be an employee of the CONTRACTOR and is
res pony i ble for manag ing all nig ht operation s a pproved by the AU THO R ITY.
B. The TDIVIS night foreman will be responsible for monitoring and documenting
equipment and labor time and providing the da-ily operational report to the
AUTHORITY Director, Customer Information Services or designee,
9.3 TDM8 Management Plan
A, Once the TIDIVIIS is identified by the AUTHORITY, the CONTRACTOR will provide a
Site Management Plan.
B. Three (3) copies of the plan are req u !red. The plan shal I be drawn to a scale of 1 =50"
a n d address the following functions:
1. Access to site
2. Site preparation -clearing, erosion control. and grading
3. Traffic control procedures
Agreement No. 22-201 D -33-
Page 145 of 524
Agenda Item #4.
EXHIBIT 4LA55
4. Safety
5. Segregation of debris
6. Location of ash disposal area, hazardous material containment area,
CONTRACTOR work area, and inspection tower
7. Location of incineration operations, grinding operation (if required). Burning
operations require a 100-foot clearance from the stockpile and a 1000-foot
clearance from structures.
8Specific plan including and location for the final disposal destination Of the
mulch/wood chips generated at the public or private TDID S.
9.4 Inspection Tower
The CONTRACTOR shall construct an inspection tower at each TDMS within three (3)
calendar days of natural disaster.. The tower shall be constructed using -pressure treated
wood or steel scaffold. The floor elevation of the tower shall be 10-feet above the existing
ground elevation,. The floor area shall be a minimum 8' by 8, constructed of 2"x 8" joists,
16" O.C. with 3/4" plywood supported by a minimum of four 6" x 61F posts. A 4-foot high wall
constructed of 2" x 4" studs and % 1 plywood shall protect the perimeter of the floor area.
The floor area shall be covered with a roof. The roof shall provide a minim urn of 61-641 of
headroom below the support beams. Steps with a handrail shall provide access to the
tower. Inspection towers must provide a dry area for employees and meet all FEMA and
OSHA requirements,
9.5 Grinding Operation
The CONTRACTOR shall have grinder(s) on site and in operation within five (5) calendar
days following a natural disaster. Failure to provide sufficient grinding capacity to
accommodate expected incoming volumes and allow site to operate in an efficient manner
within five (5) calendar days shall result in liquidated damages of $10,000 per day. There
shall be no period longer than 24 hours in which grinding activity may stop due to
equipment or operational failure. Failure to provide back-up equipment within 24 hours
shall result in liquidated damages of $2,000 per hour per approved hours of grinding
operation per day until gri nd Ing activity res u rues .
9.6 Household Hazardous Waste Containment Area
The CONTRACTOR shall construct a hazardous material containment area at each
TDMS_ The area shall be 30' x 30'. The perimeter shall be lined with hay bales and staked
in place. The area shall be lined with a heavy gage plastic to provide a waterproof barrier.
Additional plastic sufficient to cover the area is required to prevent rain from entering the
containment area. Site run-off must be redirected from the containment area by site
grading.
10. PERFORMANCE OF CONTRACTOR
A. It is the intent of this Agreement to ensure that the CONTRACTOR provides a timely quality
level of services. To this end, all complaints received by the Emergency Management
Coordinator or designee and reported to the CONTRACTOR shall be promptly resolved
pursuant to the provisions of this Agreement.
Ag reerne nt No, 2 2-201 D -34-
Page 146 of 524
Agenda Item #4.
EXHIBIT 44AYY
B. The Emergency Management Coordinator or desig nee may levy administrative charges for the
following infractions:
1. Failure to open pre -storm identified sites within three (3) calendar days of after being
tasked by the AUTHORITY liquidated dam ages of $10,000 per day for each day not
opened,
2. Closure of TIDIES due to CONTRACTOR equipment or operational failures
liquidated damages of $25, 000 per day, for each day site rn ust remain closed,
C Failure to provide back-up grinder(s) within 24 hours of equipment breakdown liquidated
damages of $2,000 per hour per approved grinding hours of operation per day.
D. CONTRACTOR may also be subject to non-payment and liquidated damages of $200 for each
occurrence of the following infractions.-
1 - Failure to provide audit quality information by 5:00 p.m. of the following day of
operation.
2. Loads not properly tarped or otherwise covered.
3- M 1 xi n g deb ris h aulled fro rn other sources with debris hauled under th is Agreement.
4, Mixing vegetation debris with C & D material,
E. CONTRACTOR maybe immediately terminated and not paid for the following-
1. Collection of any non -eligible, non -AUTHORITY approved stumps or debris.
2. Moving to another designated Collection Service Area without prior AUTHORITY
approval.
3. Failu re to provide service in accordance with guidelines set forth by FEMA and the
AUTHORITY.
4. Solic icing work from private citizens or others to be pe rformed in th e des ignated
Collection Service Area during the period of this Agreement.
5. Alteration of placards placed on certified trucks and/or trailers.
Any disputes regarding Performance of Contractor will be presented to the Emergency Management
Coordinator or designee for review. The Emergency Management Coordinator or designee shall complete
review and make determination within three (3) calendar days. Decisions of the Emergency Management
Coordinator or designee shall be final.
Ag reer-ent N o- 22- 2 01 D - 35-
Page 147 of 524
Agenda Item #4.
EXHIBIT IVI
17 FEE SCHEDULE
PROPOSAL FORM 3 - PRICE PROPOSAL
PART A -VMUME BASED PRIC IN 133 FOR 3.000X0C US I C YARD ICY) DERR IS DISASTER
ftromm) UNrr ftCF EXTEWWN
O(JANTITY PER CY
1.0 PuUic Prqw,,y a-d Right of Wak Godedwi. Lam,
H a L4 ing rc- a &sgiato d, TIM
4500000
fly
SNAK UXIOMI
A VcgcW-il0fl
P. Con*u:bw Debns, MMd Mir 8
00.0m
17
-.,,8.84
-)
$4,4-
2-10 TOME opecaum Ic indude ply meni of Moronrg
bmws w1able We%, kjmpn vi-ve and adpcent
a
ti
12
S3,360.000.00
ioW3 afea d" of ba$4 ar4 001 haw- . d vb! 1*
,xWmxi c. ple rrmragerreM snd Phage I %dMuftl
Uw.onc
LN
3-0 Piccesaing cf ftM through gr nding wdcr c"
S7,2011),OWOO
4.0 LcdCirp. he 4in94 i5nd dispming Lmv d* to 'mial
towom
L-f
U Ml
S4,880.0W .00
dWSlMab0n. (M$ NO #K10d" d4MJFMJ C091.1
5,0 Lceng w4 of ccestw=n &5-&% ardeor mad
dabr- s ftorn MMS io a Kmwft C&D mq d mg Wkl� w
any dhv dc", chpo&-A rocity f This r2te IM
Fmr lroclude d4poaW cov#- Nxed on ori43 frorn
TOMS fry rind de-9 tinjdom I wayi.
20 rrv'lcs 530 DM Cy $3.74
8. > 2., :150 rWn 5WAO cy $5r62
C. > So !9 100 rroli" lW'0M Cy SS M
Avaum. (t*n 6.0 At I
AvEmfiE, (I twn 5-0 kC i X 50.000 -CY= 5 2,555,000.00
TOTAC PROPOSAL Pmcr- lk-ems 5 c'j Fi43.215JR110.00
PMPMER BUST PRDVDE DICE KW AU UNE TEM -5 ' W P V & FALLME TO 00 SO MA Y A". DER YDEW WKWO&AL TO BE
DEEMM MON-M&PONSIVEL
Unil Pis un:ess dhe"Inwinckaled shaR'MdUde 81 i0h0r l,PW01CF1,, labMtrS superscx-s, sr-d MMMAPS indj&ng bA W
lailed lc supoMipwill win(wance, rNpass. ib)m:i parts luals, lubncmts, ceHLlw phones. tranWallon, wd hwsiV,
rf requir-M nece-q%ffy 1n A=rrplish the pmrd The QLiantite,,; and dot*usom we e0mats c, f0f lhe pap cm of making 5n
award. Labor is of s tes terra quanWiss_ desbnabon s r- a*rta I dem tw s atL- nlay d" sLbs'.anta Hy in an
AsgLimptbris - 2.(ffj OW ajbc ya* of debris --cc ststing cl 2,5k'0.VM cuNc yards of mptai*ro deb -la and 5*00' .1 cubic, ywch
of rrmxed debn5
RIF P Nb 22-2%. 1 CL - Rev 39 - Mumr� 2022
Agreemnt No, 22-201D
-36-
Page 148 of 524
Agenda Item #4.
Ag reerren t floe 22- 2 01 D -37-
EXHIBIT AiT
Page 149 of 524
Agenda Item #4.
PR OP FORM 3 - PRICE PROPOSAL
PART C - UNIT COST SC HEDU LE
ITEM HkW,0M3 5TWF1 REWWAt, HAULNG, AND DWOUL
1 24-in0 charrw% i la 48 Wimh diameter
Uwrr U NPI
COST
SwP $2,75,00
2 4,Q.inrh ciarrater &-A qregat Stomp S4 2 5 Ak
3 Stump Fill Dirt - Ril d r frf 91imn-n hales Afiel remr-Y-M $0,10
HA,-r-ARDOUS HANGING L DES CHANGERS)
To oclude rwroaval d &.'I ha-t9gg limbs
Limbs !io be cul and play an the rghl of voM for colle &ar as ve etatra debos-
i
2- Inch cis raster ard (seater, Tres $85,50
HAzARo o u cs; T RE E RamAL
LTree s t--be 'usn out al groutxl levo &.9d p-we an --ie right d way for rem, jjjq1 iys %t9etollwe dab&
5 6. r di d zmetei- to 1 9 inch d I w*t& Tme $45.00
6 1 2-irch j*,, rwtpr -c. 2 3 �H-idh diame-W Tree $ I 2510D
7 24-inch dam*ter zo 35 ich diamew Tree $225,00
3&jmh diaffete, 'Lo 4 7 ujameler Ties $275,00
a 48-irch d5a rrmtw and @ reaker Tree 1395-00
NOTE,
The Idlowirg ij nffvn*-w ao�, " v-9 NOT be com 4ered ir the o41 n cal tiv� RFP
The AUTHCRITY reserves the rqht tc uw this ctNmct to har& srmM quern es of debris rmimval arvd as support for w
Ffanjosa Conl &cW as neaded Beki* is a dais r ale to r amo4a detH is The AU THOR" vA pay ju to disposal wsL There
isn.c nKuimmeri topr�vide vale, hcwewi do, wee eg±dga nwiriagifohWOOMN Oglstf - nd vice end respo wthen
48 Imn at te -ale bak)w
COLLEC TION SERME ONLY
Eaurmim DAILY RATE
(10 HIRSMAY1
KrLdkteboom Loader and QMalor $ 2,2 541 (N)
EXHIBIT"B"t
RFP No 22-2C'1.-'Dt - Rev 41 - January 2022
Ag reernent No— 22-201 D
ME
Page 150 of 524
Agenda Item #4.
ATTACHMENT "A"
SOLID WASTE AUTHORITY
OF PALM BEACH C OUN TY
7501 North Jog Road
West Palm Beach, Florida 33412
Telephone: 561-640-4000 * Fax, 561-640-3400
TASK ORDER
DISASTER DEBRIS MANAGEMENT
TO
Task Order No.
In accordance with Co n tractor) ntract, with the Solid Waste Authority of
PBC, Florida, (AUTHORITY) Agreement No. - for Hurricane/Disaster Debris Remval,
Reduction, and Disposal dated the AUTHORITY hereby requests and authorizes the
services to be performed on the project as described below:
Project:
Specific Work to be performed:
Duration of Work (Include Start Date, End Date and Total Calendar Days);
Method of Payment:
Estimated Cost of this Task Order
Contractor Signature:
AUTHORITY Signatufe-
Date-
Date-
SWA Use Only
SWA Requestor"Monitor- Date-
SWA Dept, Director- Date -
Vendor No--. Account No,: Project:
Purchasing- Budget: ACCOUnfing-
Agreement No- 22-201 D -39-
Page 151 of 524
Agenda Item #4.
5
W, Ist
SWA DEBRIS SrTESJ�4
=3SA Service Areas
l �'
Ag reemnt No. 22- 201 D
ATTACHMENT CiBll
Indiantown Rd
-j
q a lop!
PVnl. E
1A Okeecticbee BfVd
State Road 80 23r,:. 4E
B
SM
z
Un
Lantana Rd
%.Moo
7
Lovanafthee Ln
N01111 V0,44
3
D LO
-D
eir�ai Perk w w Aaaroc J A
1 0
0
f" W Urton Blvd
A it.ik
4
W Yamato Rd —
A
I � != - Glades Rd
1 5
pjNqwffto park R-1
L
Coral aptilovs a 2 4 ;a
0 i MJIL-5
ffff?Mv Elabris ManaOQMern1t'75M
52M
Page 152 of 524
Agenda Item #4.
ATTACHMENT IV9
PUBLIC
-PUBLIC ASSISTANCE PROGRAM AN
POLICY GUIDE I
The Public Assistance Program and Policy Guide, Version 4, Effective June 1, 2020 (see hyperlink below) is
the most recent reference material that will provide additional information:
httt)s:l/www.fema.aovlsitesidefaulttfilesldocuments/fema pace-v4-uDdatedflinks I)olicy 6-1-202
PROJECT MANAGEMENT
Proj,ect management begins when a disaster occurs and does not end until an applicant has received final payment
for the project. Good project management ensures successful recovery from the disaster, expedited payment of
f u n ds, an d more ef f icien t c lo se-o u is of PA 'Prop ram g ra rats ,
Record Keeping
It Is critical that the applicant establish and maintain accurate records of events and expenditures related to diisaster
recovery work. The information required for documentation describes the "who, what, when, Where, why, and how
much" for each item of disaster recovery work. The applicant should have a financial and record keeping system in
place that can be used to track these elements. The importance of maintaining a complete and accurate set of
records for each project cannot be over -emphasized, Good documentation facilitates the project formulation,
validation, approval, and funding processes.
All of the documentation pertaining to a project should be filed with the corresponding PW and maintained by the
applicant as the permanent record of the project. These records become the basis for verification of the accuracy of
project cost estimates during validation of small projects, reconciliation of costs for large projects, and audits.
Applicants should begin the record keeping process before a disaster is declared by the President. To ensure that
work performed both before and after a disaster declaration is Well documented potential applicants s h ou [d:
desig n ate a perso n to coordi n ate t h e coni pil ati on a nd fi I Ing of records,
establish a file for each site where work has been or will be Wormed: and
maintain accurate disbursement and accounting records to document the work performed and the costs
incurred.
The Federal Office of Management and Budget requires grant recipients to maintain fi-nandal and prograrn records
on file for three years following final payment. Records of grant recipients may be subject to the provisions of the
Single Audit Act, as described on page 117 of this guide. Applicants may refer to the Applicant Handbook. FEMA
323, for additional infamation regarding record -keeping,
Agreement No. 22-201 D -41 -
Page 153 of 524
Agenda Item #4.
ATTACHMENT "Y
� i t ly upon reoeipt of a
Category
1%
%
40
0
0
0%
100%
Page 154 of 524
Agenda Item #4.
ATTACHMENT �Sl
FHWA-1273
FUEGMARM CONTRACT MWSSOUS
FEEWJVUL-AW CONSTRLOC71M COOMRACTS
I COON"
It
ill
Act PT0411WCM
Il`4 == IV D
v Contract WuM HMM and SJWy S-LinadIM Ac'
PMVK4D%
V1 Sajw" w A609" trw QwW=
mot. SaW. AOMWA Pm%vMon
w", IF 36e submwft cumoemrg. mogiumay prqfts
ix or ClieAn AiT Ad 8W Fog" %Yaler
PoRubon Cbribul Act
X. Cmpdmca OM GM0MMwKw SuWerWw mid
Owwnem Requn"wfu
x.t. cwac=r Regmallng L*e of CW02mrA FwdU TtY
ArrAC.HWeIhrrS
A. lanp"n" and ICI &WAs PM*nrK;4-. ItW AppAQchLw
DeveMpFAM "WHray SySbUnor App4a=W LMO AOMM
RD w copffil-aw-NEWWW (UJL-d 1111 APPAMMOn OWC-aM UNY)
I. GENERAL
I For` R� 12T3 MIJSZ We WV59WY r d in Isaw
ccrc[" nxoor- r n lact rjn*W uraw TW 23
EmTi.&-ge ncy oanilrmft sawy libm0d ftr clebM rwvKFVA� The
w-ru3cum � or wAOXIracilm) ffAMA IrsoM M RNr11 In
EAj tcor-traul xi-d *~ "We Is I In aR RMW 2W
6u Lg=uj= kemp" PWONW amm lenu 2"emw%
Nil Dow a9venuft %w V*p" cw swom �
Trw app wabte recluvwnenft ct rcm MBA-1 273 we
-n DorporaiRd by vvkKWM UN UM dw* WWW an) PLWDMme
oVew, reptai agreement of agreorwRol Mc OUW serv$mm. Tr*
pmw wn"Mr &hm t* n"w0ft@ 1w camplImm Cyr wy
wbwnuactc Griner-ftr UXX0*adW:DF SerAM RW-ZWf
Fom FNMA- IM jF&Wj be vWkjdW jn and Ffoer&-aj K% UL-_ &(F'
pW oonyacm, an A u0musm md in kww,&-&r
subuxnmctB , "co" vwxxv4ram w d"n 6ervi:;c%,
pus *� or3em renu agmmmmcs and ~ agreewwriS Tu
aWm aw serecer. I Tilie dmW�-�� " be reWmm4e
lar wnparre ty, are sub= VwV. tmw4w stomsWor
ew secOw V ru%rl[W--F
cmumcong aperpoe& , pay reftogm Fwn R-WA4273 in bW
propo" or regum ? I d=mv*.. 1Mr. uhk--
Farr FMWA- 12 T3 M =6a hwmpNAWd ("or
mforwimd) in au aw mer-rder
"Now" pum'tom 01WIlk frim areel"Iffs
and ad= W.I,m 1. Tw WJPPW IN fiarmc% sJwd 10.3
axxvudmmnwam�
2- %"N2 ID VIE MPW=@" C 11111111 Wed Z " IWW"
wi' i. CL1I' ^�Ild pmybftSs"iap"joall 6w%
PEFRMTWd CM BE COMWIt tj " =NO-A0LDr% &AM OF92MUDW,
im wo vw awaamw gr swi�m uwsm@F uw ooWackw-s
"Kneakat n4m- *BMW
=11111d by PKeWOM, -bffio I W". 4W &t0MF1b-A'-4
Ag regimen t N o. 22- 2 01 D
ifmwA 1273 - Revwm- M3V 1. 2(112
I ADF%19MCtWYCCVWLtpLLIM15oyv"rearn?me
FbBqWW Onnftact PrOvIshom wy be SUMCK" grourwS kX
WINIM!" CO PlMqR" WIPM"L [#"g of ftUl
pwMayll, wnmamm & " wra" umpffow I
& " Zr" a-%WM 001111211 InW ID W appP*dM*
con"MiN aproy and IAA
4. sew"*n or Low. Dong 7w Wtommm or v" mnlmd
we oDrua= am rmt we owrdK± ubw *v avY PoPMe
WtM Me WM or a am iSl1iiu=r pa" W a F#aBrj4-aa
"qrM3y un*m it is LIW pummed by W"Q;ls umo am on
vanA p U*MNWM misme, or pmoapm The WM Federapaw
mrway Wes ra mdop roamsop trabixiary OmMed a&
iDUP rwM cw nwN per aAeCWM-
a WONE"ZRONNATIM
T-ne provisiom or Sk or reiaw-j lb 23 CFR PW 230 are
WPW20e &D 2P FUNK21li-aW UW4TJCtk AM 10 411
K4a*d 0 a ubwrbw%cprS1DWDurmwe Trw
pry wa or 23 ;;; Pwt 23G a" Y%K aWwatie ID wumwl
6upp?y. m9nam" or MENNEwai smice cov
In 2010MA 7w 03r I]-;K*nr aid ad: subcortracbm fflim am"
wlM Vv r4XM" poJEAK E x@cvM#p CnSff 112*15. 41 CFR 60.
29 C'FR 1625-1627. TW:�3 USC SOCWR 140, VW
RmaWMSM Act at 1973. AG wwwIled (29 USC 794k TVJe �A
or " CM ft" Jk& or 1%4 L M M'r&ldedl and M40ed
m%pU"% kxilug" 49 Cf7t PaM 21, 26 mid 27r, and 23 CFR
Paft 2M MO. am 633.
the
of " Eva C49MIsroy CLl Irt A I crR w
mmem":51-0.am
Vii? SWWft F1 EqL= 11�1 "WiWit OWD=lq
CCw0wr,1 SpoffleMWA In 41 CIFIR 60-4.3.
wc- Tre u-s- oemmymt v LabOF MM EMMA" ADWOty MI
weir,p I r* Dnn4WX� WM ExecLIUM Order 1 12&,b " 1*
rol hu M ur Me �:Df L=ff MX" 41 C" 60, mrid 29
CF R 1 627- T1W =RDwIll" bqenc� 3M Vw F�"^ MW
Ine aA%M am ME raGpowwWrly to wx4" carnplixwe wM
Tine 2.3 USC Sec&N 14,0, 9w Ref000n;Xuan A0 cif 1972� -m
XT*rg*d (29 LnC 794), aria TWe 11 cl Vw CUP "Jgft NO CK
1960, as awxwW, ar4ireWftml "aitlor% Vol afflng 4S C;FR
Pam 2'1, 26 and 27-. " 23 CFR Parm 2W 230. OV 11�33
Tha ROM" MmWwon is axphw krn 23 CFR 2M. Appenm
A. sw appfmprLv* npAslicm W 0131 dU p 1 W M U S -
DOPW"Wn CN LXW (LM DOL) RM F- f WA re%"nefFM
t, Eq"� Emp c 0 It n- ntW- Eqml empoyTiem
"py" VWD) mq0wrAnl& Y%A to dww*kx* av to tat
waumew adw RD a> equis Wpww" a6 "t bM
Lil . VSVCUVWP 01111M, n eels, mg"WM (2:15 CFR 35.
29 GIFR 163a, 2Sr CFR 1625-162 7, 41 CFK .60 arvil 45 CFR 27 li
a>wrder or bw Seuvu" iot LAbut as MOW10-d by UW
pmummm pmswue(l ftffaq". WW MV06490 puM"affl W 23
U,S.C. 140 got cmmftap the E'F0 and spLbaft &SM%10*V
a sWncLwU kw the con pmject wtvftllies urdof
-43-
Page 155 of 524
Agenda Item #41111
this contract The prmsions of the 4mericans o-tlh Nillillties
Act of 19K t42 U-S. C. 12 t 01 et wq � ice# foM under 23 CFR
35 and 29 GFR 1 OX are incorporated by knee in ihis
contract in the execuuo i of tW owWaa U* 0ontrador
agrees to wmply Ath the fGlkr,&Ing mirli+nurn specfhc
requPrement aclnrrties of EEC
a The contractor will work the corftracft aqvicy ar
the Fedtml Goverrirrierii to ensure that 4 hm Frt +d mry
goad faith effort: to priyode equal oppodwft wMh "Opect to al I
of its (emirs and oorkdMoans cf efnpio~ and in Uv* irrviie
of activiVes under the cont-act.
b Ttie contractor well aDDW as its opeiraft polrc, rhe
fe,llo-.ice slateMerit'.
'li rs the poliry, of this Company to asSam lh:at apf lioanills
are emplo r+d.. wW #list vnVbyees we treated di.iring
"loymenl nith%rll regard to+#*r race, relVor, Sex, COW
nmdcml origin age or 6sability ;such aortae sha I include
OMP"-en upgrading. derrKAion, or Iransfer- racru0nent or
nxAMmanl advertisi rig. layoff or terry ina0m,: rates -of pay or
od*r forms Cf corr' Wsatiori, and sekctk)n for training-
inr=luding app renticeshl : pre-apprenticeaho and'of on-the-
job trarning
2_ EEO Officer, The contr for wi 11 designate .and retake
kwo,n to the wing officers an EEC} Officer who I have
the responsibility kr and Mist be capale of effeafivelY
adminmier rg and promeft an active EEO pry aria -rAft
rnust tw� asses adequate author ty and responmbildy to do
so
3. Ch!vrpo ination it NAicy, All nVtr4M of the COMBOWs
st --ho are a uthoriwd to hire. supervke. prorriiciCe, and
discharge erriployees, or who recorr meikt such action. or-,-,tuo
are sub stantiah involved In such action, -sell be Ma& fully
gnmant 0, and -,,Al l implerne nt, the contr actor'S EEO pol icy
and conwactuW resporrsiibilfties to pray ide EE 0 n each pradle
and clasVioation of er *yrrnent To ensure that the above
agreemeirit gill be met . the folla, . mg actions ill be taken as a
M inafnum
a. Penodllc rneotings of superviscici aria personnel office
employ -Mil be condocled before the start of -,� yr kk and then
not less often thw once ewefy six morLth5. at tkrne t w
antractor"s EEO pack y Arid Its WWlemenxation '.%Ill be
and explained The mea+hn,ys 'All be conducted by
the EEC clefficer
b. Al ne ,r supelvisory or personne, cffice enVkryees -,Olil be
given a th ough indWiinafion by the EEO Officer, Cowering
all ma�cx ASP@CIS Uf the coni-wtor's EEO obligations &thin
thirty days foillor-Ring their reportrg for duty ',kith tM conVaoor,
c- AN personnel who, aire engaged in drreci reorwUnerMi for
the praod %Hilt lae instrueed by tyre EEO Officer In ft
writ: 's procures for locatrig -and t l rrrirloftes axtd
%ten
d Notices a n!d poslers s ettin,g forth Tw convactoi`'s EEC
policy, %AI km placed in ateas rea chly agile to empilorees
aWlcants for ernplornent and potentlal emooyees,
a The ctnt #des EEO policy and tF* pmoodums to
irrrplernent such poicy Y411 be bmught to &m rrttNit w of
&Mpkqeftr by meam d n ngs- empjoy+t lNvoloaft, or
[Aher app*P&M rite&",
Agreement No. - 01D
4. Recr ultme : When adveriistng tex emMyen. I1w
Contractor 'erxll in ludo in all alverliser`i for ernployees the
notaitii m An Equal £ipprirtunoty Employ eir." ,kit such
adverftwenis %Al to plar,&d in p1bI9calicns having a large
circulatk r among iiin aitid WOVI.en Ln " area from
, irh the prcitect '.?w> force waA normaly to derided
a The wetractor w ll, un iess pfecjuded by a! valid
bargaWMQ agreemeM, duct systematic and d;rec,t
recruitmwd ilhruugh public and private ernplayee referral
%OLMXK frkelly d qual r1i ed rn1n0r&-1 and men To
meet this requwarniiiint. the contramr will iidenlihy stHffe s of
praterrt]al tirMr=i1y group employ ees. and establish vAh shot
identified sowees prose-dwes '-vhegeby frrrr rt' .and r,,,D rten
a ikaft may be relerr+Sd to Tire cpntiraCtor for en lioynwt
b., In the event The contractor has a valid bargaining
oW eemeint providing for exclt.rsive hiring hall ra errai5. the
oortrador s expected to observe the pr l s o4 that
agrowent to the eydent JN3t t#te system meets the cortractor's
compliai a with EEC corilrar.t pwasiorrs VV1h are
Yrnpternentati+orr c(such as aonbwerrt has effect of
disarrminal°-ng against rnnorities or women, or Oblrgales tt)a
ca trwtor to do this -same. utch implernentalion lriotate'a
Fe derat nor4 smm inal+pn prnvi!Wns
c. The contractor -will encouragri rs present err`ip yees to
refiirr rninoMms and .,, .en as apjicar.ts for eft.,
Info+rnrtabon and procenures :.ith. resgard to referring such
aipp9lo , is .'-i I be J5cAj5s&d o:°ith tmr� nyees
5- Personnel actions: Vyaqe5. eworitiing conditicM. and
employee benefits. shall be established and administwed, and
personnel ac'tioris of every type, it duding hiring. upgrading.
promodon, transfer, demotion. layoff. and tarminalion. shall, be
t*en Yfthmn regard to rat, fir. f6gion, sex, national
migin, age of d isabi lq. The Mowing procedures Shall be
follt`ed
a The cfiri#aictor Attl cones periodic inspections of project
situ to insure that rking Condrt o . and °err iplo' e f aril hies
rd o not indicate d`scriminstory fteatment of project sqe
personnel
b. The conlraCltor AIll pet *Rally evatuate The spread of
„ems. paid w1hin each classification to delermine an
O%VI@We ref discf imlinatory gage pmdices.
c. The contramor -mil p,0-i0ddCWY review selected personnel
aotioris in depth to determine Y.trai wr these! is a Aideroe -of
d1scriminar!tion. Where evidence is fou rwl. the contrzoor 'yti11
prompty take correcti wv aci*n tf lily rem-%- in dheale-s that It*
disenmination may extend beyond th+e actions reure'-,
Correcli we aGtio,n she! I iindu+de all al`fectied personS,
d. The conlr&d(x ixomptly in We all cornplaints of
alleged di$avn�wtrcKi mare to the oxtraclor in connec6cin
-Ah Its obtatlonls tindier this ntracl 'gill attiemW to res Ye
such egrnplaints. and -A411 take apipWiate oorrective acim)-n
_eAhin a lreasonabFe Erne, If tyre inimligation indicates that the
discrimination may affect persons other than l oompla in grit.
s ucti. corrective a6on sh;afl indude such other persor'is. Upon
CCmpfegon of eacil InveV4atm. the Contrae-nr ,, i I inform
eat' cornplakrant of all of their avenues of appea 1
tl . Training and Promotion,
a The contractor -gill asset in localwjg, qua dyeing. Arid
i ricreasing the sk Ills of mwicinties and L o °,'vD are
--
Page 156 of 524
Agenda Item #4.
appikantsfor emp4Memter ciui-rentemployees. Such effoirts
should be ainriied at devek3pir-g ful I jDumey .level status
erimploym in the type of trade of job dassificahor) wivulved
b
and as pewrjissNe under Federal and Stater: reWW". 11"
wait actor shall make fuM use of training progNUM. i.e.,
apprenlli,veship and orithe-)ob trainmg progrxim for the
geNrA*ical area of contract perforrnance In " roent a
speciW proviso for training is pruviided urder this conwact.
11his subloafagraph will be superseded as kvditstad in the
special pco%4sion. The conl1racting agenay may resme
11rat-ning positions ftr persons Y.Ihc receiw vmWe assistance
inacoiordance-AhDU-S-C 1401-al
c The contraclor�,oyffl advise eniployees and applicants kx
empvo-yTnem of available training Ix rams arHJ eftanCe
teqjimmenis 1v each
d. The contractor ,.11 I periodic -all y revWw V* Vaiiining and
prom on poleftimd of em*Ms Aft me Mino"ities and
women and Ml I erg oiurage eligNe emp1q)-ees rG appl° for
such trajiriiing and promot)Dn.
T. Unions: If Ww con1faclar relm!s in -,tde or m part upon
unions as a source of enlpkqfts. the contractor v.11 use g000,
faith efform to cblaiin the coopembori of such Lr6am to
Increase apportuinNies for mOwMes wid%-nmfen. Actions zY
the contractcir. ert-ver dif eclty or throWm a owtiractors
as s4xiiatkn acling as agent will 1r4ude tw prareduires stt
forth Wow:
a The r-ontraraor v.11 orm good lakh effort-,5 to de-ee-up. in
-cooperatichn %-01h the vrwons., JaWFt "injing prograii-i-is "red
to -Hard qual ifyinp more n1kUMCM ft1d WDn*&n fOf rrWVberS hill)
In the uniom and increasing the 5411IS of n�iirorikies :and -,vorlen
so that they may qualify fcx higher payiV &Mployme-M
Ira The contractor .01 use gcod faith efforts to incorporate an
EEO chose inlo eac:h union agm*m ent lo the erd that such
urkm oll be DDrrtractua®y buLMd to refer aplAkwft wilthoull
regard to Ltilkill' nice, color, religion. se)r ekixicinal origin, age of
disabilrty
c. Tire cofAtraczlor is to obtaun inforTnalion. as to the referral
preclion and 0 iciver, ol "labor union exc*pt thm to 1he
extent such informiam is within to exchitwYe posmssion of
We labor union and such Ndxw unMfusa to fw Ish SUCh
Womia-tion to the contraCtOF, the corAnK*w wg sD c L-rbS- to
the contracfing agency and %h9d1 W I&M vhat ~s have
bee n made to obtain such informa�don
d In 1}e, event the vnion is aria rile to prwida Ow contackw
-%-Tth a reaSO[MbW fIC-Ar Of feOrra-IS 1-11 hin the tiMO WMIt SM fC&
in [he col:ectism bor;Orgrg &greerrient- Tie oontisct" gill.
"h indepwIdent Fecrultrnenil efforts. fill 0* employment
vwanaes ---nthoix regard to race, color. reloon. set, natmal
origin, age or difty making full effws lo, obtain qual T*d
wxVor qualifiable mkwues w4 wmen Tine f0um of ip anion
to poov0e s0iclerrt referrals (even ttiouo'n it is obligor ed to
pnw1de e:K�usive referrals undue the W" of ip collective
6RTgaining agree m enti does nol f ellLwft the 00nowilot firm the
Feel uirementsoflit isparagspite, Ire fibs evem the union referral
pracitce premAs the ccirdractw from r(WbeltlN the oNIggons.
pursuar j: w Exemove Order 11246 as airnendedo and these
spacLal roMiXW, Sudh conbsctor "I Ovwdaitely no* the
contracting agarocy.
S. Rea 5 ona We Accommodation for Appl icaft I
Employees with Di!5Ab1?1Ties-- The contractor rnua be familiar
Ag ree me nt N o. 2 2-201 D
vft the requirtments W and owoy with the Americans Aiuh
Dbabifts W and WI rules " reguk&ns estalzil ished there
under. Emp4oyers must provide reasamble ai=rnn-iodation in
afl empkPyTneM njivqries unless to dic sc - OL Id use a�
undue hardship
9. Selection of Subcontractors, Procurement of MateT-ial S
and Leasing of Equipment: The oontraitor shall nort
disawnOute on iY& j;jrounds of roue. color- religion. sex�
natoonall origiin. age oc dmabilly in ft sele0join and retantion
of inc4udinq prowmme.M of malenal s and
leases of equoreni The ooj*9cWr shall tale all necessary
and reason ab* step& to ensure irwiclis(rminatm in the
a dniiniiskralon of this contract.
a The writraclor shalil notify all, poterilliall subcoir4ractoirs. and,
suppliers and lessors of (hear EF-0 rabli Ito under INs
ColrdraCt.
b. The. conlfavof -All use good faith of to ensure
subconlrectof cmpiliance wrth thtiF EEO obhgation5
11D. Assurance Required by 49 CFR 26.13(b).
a. The requirements of 49 CFR Part 26 and the 5taie
COT's U S DOT-appira-ted C-B:E program are in corpofateid by
reference
b- The oontractix or subcontractor shall not disonrninate on
the basis of race, oolar, nwkmal origin, of &ex in the
performance of th.s contrac:t The contractor shal; carry out
applkeable r"remec4s of 49 CFR Part 26 in the award and
adrn'pn- isirabm of DOT-auislled ccotracts Fa%l%ve by the
conlyactof to carry out these reWirerneirils is a material WaO,
of this caritract. wtfth may res ul# in Uw termination of this
contract or such other remedy as the twrracting agency
deems appropriate
11. Rec a rds and Roports: -rho cont-actor shall keep such
reowds as necesury to dDouri*ni: compliaince -.%-ilh the EEO
rents Such FROW&S shall be retained for a pen�d crf
11.11wee yews foilaming the date of Ow fog1p;pyrne nt to the
coftactm fw ail cm*-*d -o"k and shall be ava ilalzAe ai
reasorkiNe Wmn and places for inspecitim by aLAhorizerd
represenitWiv*3 of the omiracti" ageney w the rHNA
a. The reoDrds P W by the contractor shag document the
foaciv-iDg
(11 The number and -.-eod. Maur s of mhmft and non-
rn;iriOrtty grow membeiv, and .-,orrw VhpW"d In e4lor-1-1) v�ork
CW99Mk41ti0R On the PFDJeCl,-.
l,2,i Thy pagress and effons L%eing made in cooperaUm
wdh unims -Mien applicable, No increase emp4oyment
oppodunftles for minori"s and vDm en. and
f 31 The p"ress arkd efforts being made In low. h6ng.
training. quaJOYIng, and uWadiing rniriiohtj@4 amid *Omen:
b. The oDnMmA= and subcontrOCWFS -A[ vubm(t an annual
repDrt to ft ContrwIng aaemy each July for the duration of
the pr*ey iijr1dcatingj the numNRf of minority_ '.N-omen- and
rm-m inoft group erripbyeas currenil v engaged in each work
6
classMca*m,requifedft bymoract.,iA TWZ Intwmabon Is
toberepadedcnForn-,FMVA-1391 The staffingdWashod
re;xe wN the per, *O work fo" on board in AN or afry W of
the I ast pa)fr-oll penod precedbq the end of JWy If orWMe*b
training is Wting require-d * specjiW jormi-Wicin. t4 oor&aoW
-45-
Page 157 of 524
Agenda Item #4.
be r6qLWed to oolkid WW A)PW OWrmN data The
employrneni: data should reflect to wtx* fome on board clunng
all or any par-t of the last paiyTdl pffiliod prece&g the ",d of
July
IIIIII. NONSEGREGATED FACILMES
This pnoojWn is applicable to all Fed" -aid con-structior.
contracts and to 4W I reWed COMUtiction SUIbcanti-w-ts of
S 10 .GDO' of Matti..
The contracl.or rr ust ensure trial faal"s provkded for
employees are provided irii such a manFw than segreVion on
the baSIS of ra-,-e. 06ar, re3kfion. sex- or niatiork-A oogpn cannot
resell. The cor)tractor rrjay neither FeqUiFe sLm;h Se~ed
use by mritten or oral poliic,es nor tolerate swh use by
employee custm. The conTix1cgF'!5 obigation extends ftMer
to ensure M its employees are re, a sspgned to perform the IF
services at any locafion. and the contractor's czpntv, -Aete
the facilities we uVregated. The ietrm "fac;iktt'e15' includes
..v*1ing rooms, work areas. rewaiAriay.ts and othef ealing areas.
tirn e vo*s. f es I roorm. -wa s. h r Do ni s o c* e r roorn S, an4 othm
swage or dressing areas. parking JOIS'L drinking fount**,
recrealion or entertainment areas transp xtntw. aid humnq
pfavidea for employees. The, cmUw$or shall prm4de a"Fate
or 5k-ogle-uaer rests oom3 and necessaryr dressing oc sng,
areas to assure privacy betmwn sexes.
I'V. DAVI S-BACON AND RELATF.0 ACT PROVISIONS
This section is aWlim0e to all Federal -aid cons1ruction
projects exceeding 52.W0 *nd to all fei weo 5 utcon"cis and
la.,ver-tief subooreacts IM9012ess of suty--ontrad sizef. The
requirements apply iDD all prq)ads loc"d �.ilhin the rigWof,
v-nay of a roa41,egy lhat is funcdonalty classified as Federal-a4d
high-,,,av This excludes roadways functionaltty classi�%d as
local roMs or rural minor Coll` ors. -,.,i,,ich are exempt.
Contracting agt ricies ro ay ele r-1 to appl Y these recluprernents to
04her prqecis
The folky�ino provisions are from the U.S. Deparlm-enl; of
Labor repu4dorts in 29 CFR 5 5 'Contraa prmns ions w, d
related rnateW%,alh minor revisions to cor&rm to the FHNA-
1273 format and FhNVA peogram reqWrernents
1. Minimum wines
a A;llaborers and rneclharm emplo)/edc>r,-.-or!kingupon
the site of the -pork, ':-ill i3e paid oNxwuhanally and rot less
0111116A than Orl,(* a Y.-eek. and -afto Svb$&:pi,*,nt offduchm or
rebale on an,, account I excW such payroll db* as We
perry -Mod by regutaboes Ps!sLw4 by the Seoulary of Laba
under the CopeAiand Act (20 CFR pan 3)). the fiAl amount of
wage-s and bona fide fringe benefits (or cash equrjalenI5
lhereofl due al time of payment computed al rates not less
jha�n i tained in tie,.Yage detefrnination of the
Swxetary of Labor epic h Is isfta&od hereto and made a pall
hereof, regardless of any Contractual relate vvship which may
be alleged to exist betAven the contraVor and such laborers
and rnechanws.
ContnbtAnns Made or --usts re as, eob4 j anlir ipaled kw bona
ride ff Inge beirievrits under secti 3n 1 � b)(2) c4 the DaAsZacon
Acton behalf of 1*)orers crr Mec hames we tormclerW wages
paid to sud) laborers of rnechanics. subject to tM provisiam
Agreement No. 22- 201 D
of par aigraprL I d of Ifts section: also, regular contribtAk:wns
invade or costs incurred for nw" than a 'meekly period (bul not
IeSS Often ftn QLMPtefly) UIFIKIEF pWns, knds, or pmgrarm
,booyef the pwtoutio weekl� per4odL are deemed t be
constructively made or k=rFed *Kirg such Neekly petiod.
Such labairem and rnechw%Ics shall be paid the appropriate
wago rate and fringe benellirls on the wap dL&1ermInafk>n kK
Ifie dassficatkn of -mDr* dually perkwied, -wfthotrt regard to
skill ex cW as provded in 29 CFR 5 !fah 4j. Labare, rs or
mechanics perform ft Y** in more than one clas-skleation
ma� be cornpKmsed at the rate specified for each
olassirfic,awn for the tm molly work therein: P mvkfed.
That, the employer's payroll records accwalely set forth the
tin-w spent in each classfficabon in -,*Ihirh work in performed
The %-�*W determination Oncloding anad&ficnal classificawn
and v.-age rates cordom*d undef paragraph 1,b. of thus
secti&r)l and tt)e Davis -Bacon poster i%,q !� 113211, shall be
posted at all Inies. by the coor*actor and ft subcontractors at
the mte of the ...%A in is piromi "ni and accessible place .-,Iiere
i ow be easily seen by the -.,forkem
b. (1) The CV11raCong adlFcer shaI I feqwre that anY class of
L-ml:xwers or nwkOwnics_ includM helpers v-bich is not Jisted m,
the wage detuMmation and -etkh is to be employed under the,
contract shall be d assrfied m oonkmame *0 the image
delerniiination The contractin!p officer -shall aWove an
addifiona: classification and wage rate and frkW benefits
therefore only -A hen the follo,,,iing criteria have been met:
01 The -*cork to be p&Komqed by the ollass.0icarbon
req,Yested is nor performed by a diassrficat& in the
dieterminal.ion and
ik, , rrie c-assrhcation is; UIJILZed In the area by the
const-u--ftion Enduslq: and
fiii) The proposed -e.-ap mte- includirig any bona fide
fringe benefifs. beafs a reasionaMe relaitorirship to the
-wage rates mnlained In the %msge detwimi nabon.
12 1 If the contra acid the labocers and mechanics 10 be
employed in the classificabon lif Mwvnj. or #wir
representatives. and the conlrxting dicer agree on Me
cka5srkation and -42V rate I irvdLdng the anwoni
designated for fnnge tviWits 4we appropriate). a repo,;', of
the action taken sh-Wl be sent by the wMaMN officer to the
AdrnpniMratof of -the %'Oap and Herr DIVI`51:1)n Ern*yrnent
Standards Administrali-an- U.S_ Departrnem of L**r.
Washington DC 2021 D, Tjte A�njnigtratnr or an authorized
representative, .#1 aquave- rrKdrfy, or d Lsappcova eQery
additklfla I classhicalion acbm iOftn 30 days of receipt and
w a&.i)!;e the contracting MOW or will n043Fy the contir=i rig
Dtrcer ithin the 30-day peft4 That addhonal!ome is
necesvory -
q 31 Jo the event the conitractoir, " Ljbxefs or mecha - I --- -5
to be empjo}vd in dw c4asOkatlon or ft4 represenl-ati-e-:
and Owe conlracti r)g Cuff do ncA agree mon the proposed
classification and --,age raze kondudling the amunt
designated for fnnge bermfits. Atiere appropriate o, dw
contraoing .officer shall refer the quesfions, including ft
vie-r-o-% of all interested parties and Ov recomm"alion of the
contracting officer. to thin Wage and HW Adm Intsti-ata ibr
die-lemnatior. The Wage ar�d Hour Administraloc, or an
atdhonzed representative, issue a determinallion -.Phftn
30 day% of rec*ipt and -so advise #-m cmv"ng oRkw or
-46-
Page 158 of 524
Agenda Item #4.
-41 rsot&y the contraang offxw �, thiin the 30-day period that
addKi4ml time is necessary.
141 The wage rWe i incluchng fringe bersafts -egyre.
d1Ppfqxia*) dewinned pwsuanl to pismgraphs I b.t2?i m
1.b-13') of this SOCCM shi3" be pa4 to all wuirkeFS pedOMing
--mck in the cLmsifir*ion unce this contract from the first
day on .,.Oich wyk is Deffoirmed in the classrficaborl .
.c Whenever the rninirrum r.ac ,I@ rate prescribed in the
oontract for a class ofref or rnechanic5 includes a Ri nge
beroaft .4bk;4 rs rO e_Ap,e 5s ed as an hourly rale° the omtractor
sMIl either pay ft benefit as stated in the wage dele rm lnarty on
or shall pay anathw bona fide fF:IfV benefit or an hourly cash
eclLivalerd ftrad.
d 119* conhackx drags nil make payrrmnts to a trustee or
ocher rhwd pemon, the contrackw miwy consider as part of the
s=ages of ary laboreir of mechank the amount of any costs
reasonably a ro-cipaled in providN bona fide twinge bwm(ds
under a p1w or program, PmMed T]� the Searetary of
Labor has found, upon 1he vxfflen requesil of the conkacloir-
chat I.qe aWHcabila sundards of the Davis -Bacon Act ha-e
been met, The Seavury of Labof may reqwe the DontRcloir
to set aside in -a separate a*Wunl asees for the n*eting of
ob ligimons urKW ft plan or ptoVa m
2, Withholding
The conlracting agency shall upon ils 0,?,e actw orupon
emtteri request of an authorized representative of the
C6e partmenil ot Labor, -.. ithhcld of cause to be ,.ithheld from
the coftrwikv uWw fts contract. of any other Federal
coritrad'-.%IjLh the &IMV pfirne corotraclog, or any o0er federal ly.
aissislled cwwact subject to Davis-Bacw p-rewaillng wage
requirements. %-Nch is held by the some prime c4nb-aetor. rvo
much of the accrued payments. or ad-eanms as may be
oansklered necessarV to pay labwers and .mechanics,
iindwN apprentices trainees. and helpers, Wnployed by the
oonta*w or any subconlraclor the 101 aTnQml of wars
irequked by the contraot. is the eve4it of failure to pay arry
labixer or meamnlic. mducMirig any aplwentice. train". or
helper. employed or wa" on the site of the work. aR or part
of a* wages required by the =YtrW. 1he cronlracting agency
may. after nice to te mntiraclor, take such acipian as
may be necessa ry I* cause the suspension of ark' further
payment- adtoance. or guar anjee of funds ljnl it 5,jch vii"ions
have cea-sed
3. Payr-DIIs, and basic records
a Payrolls and basic records relaung the relo s i aifl be
mairit3irwd by the cmtractor during the course of the mecd and
preserved for as period of ttieee years. 11heireaflei for all laborers
and m*WWks morking al the sine of the vxd. Such rids
steal I ca(Uh the, name aftevs, and sccial securirily number of
each such woftr. his or he, correct classirrication. hourly rates
-of wages paid �kiiclliixl ing ra tes of contributions of en sits
anboilpWed for bow fKt@ free bemfits or casr) equi val ants
ftweof of the tyM descrbed in Metim 11 b)(2 XB) of the
Diovisi-Bacon Acl). dally and ,ram" number of hours worked.
deduc;tcirm mode and actual Asges paid Menrver the
Secir atary & Labor has fotM urder 29 C FIR 5.5(ilky 1 Xiv) #W
" wages of any laborer oF mfttianic include the amowd of
any costs reasonably antcipated Fri pfoviding beneft urKW a
plan or program desciribed in seetkin I (b)(2N,113) -of the M
AgreemenIt No. 22-201 D
l5acron Acl. the contractor shall mairi twn records %vhiich slap-:.
11hal itie commitirrwnit to proved. . e such benefils is enforceable.
thal Ifie an or program is financially Fes pansitAe, and that the
pla , or program~ has been. cornm uni-azited i;n the
daborers or mftbarks affected. anc records -which shwa ft
casks antic Wed or the actual oast in. ruffed in proviictiin4 such
benefitfi. Contractm mVl�M apprentices or Irainees under
apptoved programs shall mainlair emijen evidence of the
registration of apprenbc*tship progriarns and cWicatm of
trainee programs. 0,e regisiratio" ci the apprentices and
trainees. and 11--e ratios and -.-age rates pre feed in the
applicable programs.
b 11) The contractor shall submirl v.*ekly for each 'Aeeek in
.vhich arv/ cointracl -mxk is Wormed a GW� of adl PHYFO14S to
[he contracting agency. The payroll!5 svbmir shall set out
acourately and compk"y all of the informahon Mquiiried io be
maintamed under 29 CFR 5.E4aX3XkI. except thal full !&orAol
security mwnbea arod home addresses shall not be included
on AvekPy hrapsmrttals. instead the payrolls shall only wd to
i nclude aq individually denVying number W each employee
e.g.. the W imN dgds of the employee's aociW security
nuftw), The requed 4-tekly pWal Information may be
soWrttad In wV form desired, Optiord Form WH-347 is
available for Ns purpose front the Wap and How vision
Web sire at http-
of its wocessor sale. Tht pme contractor is, responsible for
submi"on of copies of -payrol's b� al I subcontracll:om
Contracof & and subocinlractom shall rn arntai r) trie U sore al
secures number and wrvw address of each coves wcx*er,
ad shall provide them UPW F8qL105t to the cootractimg agency
for transmixsion to the Slate DOT. llkie FHWA or the Wage and
Hour Division of the Department of Labor for purposes og an
invesNabon or audit of cxroiance,3-it!h poirevaiJing wage
"Wwmms R m not a -oiolakr of this soon for a pnrr-e
embactor to require a suboanilraclor to pm%.ide addresses and
soeWl secumv riumbers to 1he prime contractor for its o�-n
recorift. '.e4ftLA -oeeekly subm 643 im to the contra cting agency.
-(2) Each payroll m meiJ shall oe accompanied t7y a
-Statement of Ccnipiianca.' signed by the contra of
subcontirador or IM is or her agent who pays or supervises the
payment of the persons employed under the contract and 5 ha I
mortify the "o,,,ing
; 1) 'That the payroll for the. payroll period contains the
informatk)n r8qUiFed to be provided urxW §5. 5 (a K. 3)(IP i of
Regulatlons. 20 CFR pan 5- 1ht appropriate inform* w �s
li>eing maintained UrkdEiir §.5. 5 f a -1 3 ki) of RegUations, 29
CPR part 5. and that su& irtfonrnafim is owrecil wW
complete.
i PI) That each lager or rn, echanic t induding each
nel]>er, appmr-ftme. and trairM) ampler Md on the comract
during the payroll penod has been pad the full -;eekly
-,4aqe9 earned, without male, either dwect!y air irkdtredlp.
and that no dedwit" two been rrade either ciredy or
ind!reclly from im (U11 wurges earned. other than
perm"M dedOMons as set forth it Regulatieons. 29 CFR
part 1,
100 That each laborer or mechanic has t)eeiN p2ocl eat
ess than the applicable i-,age WO° and fringe tenefrts or
cash equivalents for the cilawffic*Mn of v.;o* per formed.
as specified in the apple le %---age detem)inallw
incorporated Ho the coetract
Page 159 of 524
Agenda Item #4.
p) The ...,vemy submtswon of a properly exmted
coNOcation set fo(th cn &* rover se sidle ci CkAkx4 Form
WH�-M7 stwill satisfy Ov requ! wrent for submission of b*
-ftoamwd of Cx"Wiioe' requW by paragraph 3.b. 12 i of
this gec%ML
(4 1 The Mftiiftabon of MW V the above Ceftiftatims Ma V
sub,tect the cow&acllor or suboomractor. do civil or crimirW
pvosecuwnjndwncV* 100i.if tilftl8and sec tion 2310
titlie 31 of the Unfied C011C
c The conbloW or M*CWI(aCRX shal I irrake the records
required urKW paraprWhi 3-6. of this sechoo available kX
inSpedion, oDpyft or MuismPtion b�authcinzed
mpvswilaftives of ft 0ontroeingBracy, Me Stft DOT. dw
A. or &w Depwltrriw of Labor. and shall pem* wxh
felyewWN" to hUwAw.y omplayees during working hours
on the job 11 the coftactor or sL6cmtr&:tor lob tip submit the
MqUFred r4pcwds or to make them available- the FH1WA may.
Aef rTWen notche to it* tractor. the contra ctng agency or
Ow elate DOT. take such ad on as m-wy be nemsary to
cause trite suVension of any ftrdw payment. a(t�ance or
guarantee of knds Furtheirrirwe, failure to submit me required
records ups re-cItest or to make Such records i3va Fable may
oe mounds for deba(ment -action pursuant 10 29 Co FR 5 1,2
4. Apprentices and tra;ilnees
a AWeritices aIxogtarris of Lhe US DO - I
Appmntees-Ml be perm4fted llov.wk at les-5 than the
ptedetermined rate for the work they performed -,t*n tNey are
empkryed pursuarit to and indM"liy registered in a ba" fide
aqxenft,esNp program registered -Mlh the U.S. Departnenil of
Labor. Emplo5Tnenl and Training A**Pvstration. Cfrice of
ApprenfiCeShiip Trahng, Empkiyer " LabDf Sorvices. ot vilh
a State Apprenticeship Agency recognized by Ow 09ce, or if a
person is employ in his or her fliII51 90 days of pirobaltionary
mrpkYym@flt as an appil"WiCe in such an aqpnH*omhip
pmigrarn. %hho is rwX irkdividmlil� regstared in thie program. but
%vho has been inefffied by to Office of Appremicesh ip
TraiNng, EirrpoM and Labor Sec-oces or 2 SWe
Appreritiorvh ip Agency �vh*re approphate P to be elgilible for
probationary employment as an apprenbco-
The al ow-abe ratio of apprentwes to journeymen on the job
site in any craft dassrkation Shall not be greater than the ratio
permitted to the comw:toilr as to the enlre fwk f Dace under
lFm reggstered program Any worker listed on a payroll at air,
appremic,EL .age rate- -,,.tmD is row regi siefed or tithe rise
err-PIDYieLd as stated above, stall be paid W less than tfw
applir-ahim vage rate on fie wW cMarmnalia-r- for the
clmssificatiivn of work acti Ily perkirmed. In addition, any
apprentice porkff*V work on Ihe job ulm in e i ces 5 of the
raW permitted under the regatered pmgram shall be pai-d net
lards than the apphcable wage rate on the determ ination
kv the --nork aclual -,e performed Wheire a contrxice is.
perfcirming construction on a projed in a locwity other Ithw
that in whi& its pWam is regtsterad. the ratios and wee
raWs (*Vf essed 5n percentages of the journeyman's houdy
rats) spoii;AW in the wnilractor's or subcommaors mg4wnW
pmWarn shall be observed
Every aMeritice mush be paid at ncl I-Ess than the rate
speo6ed in the registered program for the appowtice's IWwe4 of
progmss. expressed as a percentage of I he pourrmyrri6n hourty
An reemen t N o. 22- 2 01 D
rate specified in the applicahkit wage determination
Apprentices shal I be paid fie benefits in accordame -.,,qth
ihe provisions of Vie zioprenices-hip prograrv, If the
apprentim-,hip program does trot spec&i ftInge berwFvt5,,
appraritiCeS rrnW ne pa!d thre FWI amount of ffinge bemllits
:fisted on the -.qaW determinabon for the applicable
classificallon kfthe AchminixtnMoirdeteirnes that a dffeferit
pra-ci ice pwails for ew sWl"ble apprentice c la"jon
fringes shall be paid in =cwdance -.Mth that teewmination -
In &m event the Office of Appireno cesNp Training Emocyev
,and Later Smvices, or a State A.Menticeship Agency
mcogntzed by fiv office. ~a i;s appri-aval cif an
apKenti mNp program, the cuntwtor Aill r%o longer be
paten fitted io LmILze apprentim at less "n the apphr-able
predi,etermined rate for the work performed Lnt:11 an acteptable
proWarn *s approvt&d
b Trainees (programs of the USIDOL I
E xcept as provided kn 29 CF R 5; 18- timirwees will not be
permitted to -^,ork at less ftrL ttw predetermined rate fort the
,-mirk performed unEess flwy are emp o-y ed purl Lsanii to and
inck-eiduallyregistered in a pmgram wtwch has recaved prior
approval, evidenood k)y fimal certification by the U.S.
Departmeni of Labor. Eirriplovment mrpd Training
A clim. i n ist F a t i)
The raOo of traiimes to journeymen on I he job site shah not be
grWeir than permitted under theplan approved by Dw
Employrrwt and Trainmg Administation.
Even trainee must be paid vit not less than the rate specified
iq the appruved program for Ow 11raiinn's level 0 prcgress
expressed as a percentage of the jiDurneyrfian hDUFIY Me
specMed in the applicable wage determina!t;m Trainees shall
be paid "a berwilits in vc=dance nth the provisions of the
trainee program. 0 to balinee program does nd Friiention
hinge benef -1--; trainees shall be paid Jhe full amou r&t of fringe
benefits listed on the YAige &qeiminalion unless 0*
AdministraW of the Wage and flair IDiasmn de4eimi Ines that
there is an app-wirbcastup prograrr, assodated -eiM the
correspondift joumreyfflnziri -x9ge raffle on the -,-'agE
dreterrri;inatieo Which provides for less "n full fringe be neks
for apprentk*s- Any employee listed cm, the PW�TDI I al a lFalinte
rate who is not registered and participating in a trairliN plan
a PPFOvied by the Emooyrneqt and TrAk*lg Adm,nistFation shall
te paid not less than the apolleahie wap rate on the
dettirMinW10n for the c lassftadon of actually peffom*d
In ad-ditiiw, ainy Ivainee performing -work on the I-Db site lin
excess of the ralro pemi4tted tinder the registered "ram
shall be paid not leiCharii 1he Sir rable Ymge rate on the
de-teirn IF%. ation frif 1h in wo4 actuallty perfornM43
In 0* event the EmploymeM and TraniN AdmimstTation
approval cO a Vai ning pm9ram, the contractor no
longer be permAW to utilize Trairmes al less than the
applitcable, predetwined COW for t+,- .u& peft"d 1;nlkl an
acceptable rrcWw is approved
i: E"il emooffienil opporivnity -Rie Lmltzwbm of
appwtices. VaWmms and laumeymen under this part shal,l be
in oDnforrri4y -MM ft equal employmwd Opportunity
requirements of Execrative Order 11246. at emandod- and 29
CFR part 30
-48-
Page 160 of 524
Agenda Item #4.
d Apprentices and Tralnm (pmgram ofte U.S. WTJ
Apprenuces and kwnm working urkderapprenticesh4) and
skill trakling progrzm have been certffied by ffie
Secretary of Trarsponation as promoting EEO in cornection
,,.ill) F edeTal-apd hVhwW consVuclociin pf agragis are iniol
subject to Ow r&q0rwrwft of paragraph 4 of this Sectiorn V!
The straght 0me haitly %Nap rates for apprenlices and
tra[riifts under such programs --,,A I be established by 1h e
parhcul.ar pmgrarns, The ratio of appren4ces and tra;nees to
joumeymen shall not be grealef than permitted bj the tem-., of
the pairboulair program
5.CmpliaticewdhCopeWdACtFe,quirements, The
contractor "11! Mirriply %ith the f equffe-m. pnl.s of 29 C r R part
1 ,hic,hi ere Inoxporided by reference in I, h IS contract
5. Subcontracts. The ownclor of sub actor -shall irised
Form FICA-1 r 3 in iany subcorgaracts and also require the
subcontract org to riclude Form FMVA-1 273 in any luerer ter
subcw1racts The pirime c*ntractor shall be fesportsib,e for the
compliance by any suboonlraclor or 1comir tier %Ldx*qtracior
all the contract clauses in 29 CFR 5-5.
7. Contrad termination: debanTwt. A breach of the
contract d"es lin 29 CFR 5.5 may be grourds for termination
of the ccir*acl. and fw debarlimm as a caMmOor and a
subcontractor as ptoy-kind In 29 CFR 5.12
8- C ompl iiarwe with pads -Bacon and Related Act
req uj raments. AM nxlirtigs an;- inbe� etations of the Daws -
Sawn aid Relaled Acts contained in n (:FR parts 1 1- and 5
are hiorein in raked b" reference in ]his co act
9. Disputes con r erning labor standards. Di 5Wes arisi ng
out of the labcy standards pfovisiors of this contract sha! I nut
be sub*-t to " general disputes clause of this contrail Sucfi
disipulus shailll be resoil%,-ed in aceotdanr* oft the procedu res
of the Depanmnt of Labor set Forth in 29 CFR pans 5- 6. and
7 Disputes 'Yfth the mearUng 0 this c3ause include dirsputes
bet -,men ft ow*actof i!or any of its subwcon"ctors) and the
contradng agency. the U 5 Department of "boF, or the
&T i piloy ees or 11he i IF F 0 pfeM Fitat i V 0 S
10. Certification of eligibift
& By, enterlThg into this conlr=. the coraactor mnlMes thM
neck r .1 (nor he or she P nor " pasm or firm veho has an
interest in the cmif ailor's firm � a person or firm iroloble to
be wvaroed Gamirnment cointraeft by virlue of secOcin 3(al of
thie Davis -Bacon Ai or 29 CFR 5- 1 2(aX 11.
b No pall of Ililts corgrwt shall be subcontracted to any ptfwl
or fm Meligbe for award of a Governmani tract by virtue
ef section Up) of the D a.-.ns-Bacon Act or '.9 CF R 5.121 a R 1i
c. The Pena* for making false statements rs prescribed in ft
U. 5 Criminal Cade 18 U S.. C 100'
Agreement No. 22-201 D
V, CONTRACT WORK HOURS AN 1) S AFSTY
STANDARDS ACT
The l`dlor-.hf;ng cciauses 2pply to any Federal -aid con on
cwtrad in an amount in excm of$ 100. 0M and sub)W In the
Gvertkirrie provmcm of the& Cont-ad Work Hours and Sal*
Standards Act TI*se clauses sKWI be inserted in add%in to
ft clauses required by 29 C:FR 5,5tali or 29 CFR 4,6 As
ursed In th!-5.paragFap=h. %e berm laborers and mechanics
include •,Nratchirner and guards,
1. Ove rti ro-p- ii &q uj remerils. No canlracloF or subcontractor
canbracting for any part of the coouravt -,-eoirk -Arhioh may requiiIre
or linvolve trie employnwril Of [abOMM or mantis sha!l
requi,re or pwmril any SUCK lgtKXeF OF MtthalViC In anY
Y.tA%-,*ek in%Woi he of She is emplioYed on such,ewk' to
%vrik in excess of fortk- tiiours in such work e-tek uFAess 5-uch
laborer or rnecharic receim oompemataon at a role nol less
than one and one -hall dm" the basic rate of pay for a!l hours
..-.-arl%ed in e-htt-5-5 & fody heKn in such
2. Viollalion, liab-ii ity for unpaid wages, liquidated
daffuWs. In the event of any vnolatk>n of the clause sel TDrth
in paragraph (11.) of *ds section, the oomaclor and any
subcmtracW responsible therefor shall be liab;e for tw
unpaid wugft. In ai*Mlon, wDh ocintiraiew and sobwnlraclor
shall be liatAe to the United' Swes (in the cam of YAwk done
under canirwi for the Distnct of Columbia or a tent". to such
Di stnct V to such territory). for I lqudated danuages Such
I iquidaled damages "I be ciomputed Mth respftl to each
Fn6vidual labcrer or mechanic. includirg wat0wren and
guards. en ploy' ed in vin1lation of [bt clause set forth in
paragraph (1 li of this section. in the SLA'! of V 0 W each
caWndar day on -.h'hich such irdivk)ual v.-as required or
permMed to work in excess of the slarida rd v.-ork.-,eek of forty
hours with -Dial payment of the ovectirne wages require-d by Me
clause sell forth in paragraph ( 1.) -of this sectkm.
3. Withholding for unpaid wages and I iquidated damages.
The FHWA OF the contacting agency shall upon its or.,-n action
or upon -,%TMe n reqoW of an authd repmentam of the
Departmeni of Labor withhdd or osuse lobe v-4th hold Firm
any moneys payable on awwnt of -Ym* pe rlom)ed by the
contractor or sabconitractor under any such o-intract or and
other Fedlera! contTactAh the same prime co-AmAw. iDr arry
Mhef federally -assisted Cofill.ract sut�e t to the Contract Wark
Hws and Safpi!y Standards ACt.,xNch vS hed by the Same
prime contractor, such sums as may be determiried to be
necessary to 5atl* any liaMes of Such =ntractof Of
-wLirboontfactoir for unpaid wages aM liquidated damages as
pro-ided in. the clause set forth in paragraph 1' 2.1 of lhis
4, Subcon Iracts. The contractor or autno"ctor shall inms rt
in any subc-Di-itracts the dau ses sel for In paragraph (-4 )
through 14 1 of this sermon and also a clause reqLdnng the
gubcontraclef s to include these clauses in any lower fier
subcontracts The Annie inwlracloF shall be responsiUe for
r,ompliaritv by any subcontractor or 10,M bOV SUI)COMMMI`
%-
-itithe dauses set forth in paragraMs f I ) through lA - I of this
SeClion
-49-
Page 161 of 524
Agenda Item #41111
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This prDvision is w0icable to all Federal -aid ciDinsbruiabon
comr is the rational High ,:ayr System
1 Pw tor&aact shall perform '.dth its o-.s 1 organization
ccc-iract work arr is untirxj to not I ess Dun 30 perceM I or a
Brea tef peroen*e if speoffied eJse,.%,heme i r, the omvaot)
the total onginar contract price. eactWing any specialty itarrrra
designated by the contfsctiing agency, Speaallly Hems may be
perfcw me+d by wkomtract and the airnotlint of skmh
specmity Items wed mad. be dleyducked from &* 1ota1
original wn1mvt price before cmVkng the arn*unt of,-mxk
re-qurred to be pefformiL&d by the eontractces awn crgani ation
(23 CFR 635 1161,
a, The term aworm 11011 °rmth ils own cr niaatioa- refers
to workers efrokyed of leased lw ' the prime cortltrao9of. ,and
equipment o.%rwd or rented by the prirnre cord mlor. -xith or
rrTD xa operators Sucb twain does not include eni ployees or
ettuwpmerrt of at s LR>m1ractor or tier utconlractor
agents of the prune fir, or any otter ass}gnees The
term nray include payments for the cats of h nng lewd
emnpfloMs from an employee leas n9 firm rneel;inp el releviont
Mede a! and State reguW"y ("ukements. Lead
employees may cdy be i nicil, ded In this term if the prin;e
convaelcipr rnects afl of Me by.,M conditpon-5
l 1) the prlrme oorltrador rnafrtfafns control o-ver the
aupen*kin of Ow dry lay a0vibss of the Leased
employs;
t 2) the prime contractor rem airs respon stole for IhTe q►ralq
of the ° of the leased emp�qyees
(3) the pnrrme factor rela ins all power to accept or
exdtbde iinr#vi€kual empl ayeesr from zxoA on the pr k; and
141 the prim contractor remains oltfrrnate Iy Tesponsible
the pwirneM of predelerrr rued mtnrnuni -vages tree
submissiarr of payrolls. statements of compliance aW all
othrlar Fademl regulatory requ iremerrts
b. " p chanty ftws" "l 11 be conislrued to be I rni ited to work
titan requires fvigNy spedatized kttO+A96M abilities. or
rrat on*wr ly avaklalble in ithie type of contracting
ofgarrizalt s qwlified and eNx1-cW to bid or propose on the
contract as a 'a and in general are to be limited to minor
components of the orvera l;l contrail
2 The wilraict arniount upon wbich the requirements set fo lh
Ir i paraqraO (1) *f Evection 'tip is compute ur dudes the cost of
rnatenal arO marnr rfactured products -.ANch are to be
purr -hosed or pr>duced by Hm contrador under the contract
Provisions.
3. The ociinVWor shall furnish (a) a ounpe' nl superintendent
cue st,parw w •4V is emp1n by "fP17111, .h" fUll all"lon ty l,o
direct Wormainim d the irk in sowdowe wfth U e our iftimt
re,qui re ments, aad is in large of ail 0onsinxI an operations
ire rides-. of v+eF o ptfr cwms the wClrk) and i b i such other of its
o%. ,n or rzmbwal resour m i supervism management. a n d
e� serynesI as the corTtrac-tlng ofter delemir'ies is
wry to Rssure the perfarManCTa or tine contract
4. No portion of the contracl sha;I be sutler assigner or
abitirio!e dlsposAd of exi t --oth ti* Witten consent of the
` flag Of'Iicer_ of authanze€t rexesenlatroe, and such
co affit when given shall ncA be canslrued t-0 eel iev a Itm
cordra Aw of any res ponsiUAy far the fuifrfli rent of tltie
coiniher 'IiiVrit'ten c-Ons,enl �Mfl be given onl � after Ove
corArmiciling aencw has assured that each subcontrao is
AgreemInt No. 22-201 D
evidenced in wMing and that it contains a!I pedinent proyisr or,s
and requimerrtiems of ltte prime Conlratl
5. The off-piNfomia ce requifenvx t of paragraph ,1 i 1$
not appi"ble to din -build a ; Ilv.&�euef cog7tracting
moles rna� establish linen cr n il-perl4or ma we
reouirments..
1f11111. SAFE; if WIDENT PRf VEWnDIN
T hti I s p r ro +r i s i o n i s apoicabie to an Federal -aid
rs#ructaonx Wirdratts and to oil related 3UbcorTtracts
1 In the perkwrnarce of this contract Me conwacux sal
oomply,hith aril applie� Federal, Sta1.e, and l lam
grrverrring safety. heallh, and sartitavorr �23 CFR 6351 The
cordractor s1`iarl prro kle all safe r , a,W*ty -devicts and
protec ve egtiipnmenii and take any outlier needed a ons as iit
delemm nes. or as tf7e owitractling officer may d rmine_ to be
reasonat�ly necess,ar• to prolect the Hfe and health t
er'npbym on the lob and the safety of the pubk and to
protecl PWertyr in connec4on with Ole p formance of the
-mork covered try the contract
2. It is a crridrtron of Ilh is contract. and stag be niacw a
coixftoin -of each subwntraiLl, Nfuch the corrvaeor eaters into
pursuant to "s contra. Owt the earth actot and any
subomiractor shall rwA perrrrlt any employee. In perFormance
of the ocintract, to work In surrounding& or under condrtims
which are unsaniWy. hklaraardous or dargems to hlsr
beakCh or safery, as dolaTftlined r ccinsVuction safety and
heanh slandards (29 M 1-926) pmamulgated by ft Secretar,
of Lahr. rn accordanos Ah Seebon 107 of this rrtraet %-Vork
Hours and Safety Smalarift Act 140 U.& C. 3701)
3, Pursuanl to 29 CFR 1926.3, ft Is a condtitlo+n of liras contract
thal the Secretary of Laoor or atsthror zed mVewlave
tflereof, Shall htiarae h9ht of er'Ntr'yr to any sda Of conlracl
Wormance to in at or Investigate This matter of coi mpl renew
-.�1thti lire crostruckn safety and h ftl) stwAards and to carry
oast dw des of the Secretary under 5ectdan 107 of the
Contrail Work HLOUrS and Safety Slay Aards Acl t4D
U.S.C,37134h.
Dill. FALSE STATEMENTS CONCERNING HIGHWAY
T h I s p r o v r s r o n i s applicaWe to all Federal -aid
oonslnxikm c+onlracts and to all rda sub lracts.
In ordw to assure high quality and dui ox*i;irc0W lei
mftffir ti,,-to appro°red p-ans and speoftabm$ wind s fib
degm at re[ ablifty on staleme r%ts a r'd represenr afions ride
by ems, contractors, s°jpplrecs an< ;-,°crktrs on f=ederaMl-
arld i*q VmWv projects_ it is essentiar that al Fefson►s concerriecd
vMh t1he pfo*ct perfafm their fune.ions as careful i I rr rougMtly.
and h"atly as pu sib4e. Mlfu.fsls�ication. dislotton. or
nnisre sentat,on -with resped to a mi facts relaled to the
project is a inDla'don ref Feder®t law. To, prevent any
mi sU ndetstanding regarding tm seriorisr~ess of term and
s milar acts, Farm FhWA-1t shall be pasted an each
FederaWid high-,%oa1 pr ct 1: 23 CFR 635 M in one or moire
places �, t*re it is readitti availa&e to al; persons coricerne d
,..1h the project:
18 U.S C. I XV reads as ficllcr,{,
- 0 -
Page 162 of 524
Agenda Item #4.
AVr,*ever. being an ofter, agent of employee of the United
Suates, or of any Stale or 7 errirtor�, or -4koeym. Nheffier a
person. assodaWn firm or corpctiljon. RmIMIngly makes any
false statement. fasereprowntation, or false report as to the
cftaracW. quality. qtantity , or caO of the material used or to
be used. or the quantrity or quality of the %xA perfurrned cw to
te pedomied, or ft cosi #wed in wnnecoan ,,,,Ah the
subrnosion c4 plane, maps, speeffesboins. mntracts, or costs
of wnstruction on any highoiay or related projecl submitted for
*proval lo the SecrKary of Trw.sporlation- or
Whoever krwy.-Angl y makes any false statement ',a Ise
ielprewlation, false report or false dairn mth respect it) ire
chwacter, quaI4. quianlity, of cost of " Ymrk Wonne-I or tc
be pedommd. or materials furnished or to be wished. i-ri
cazvwimn _%tth the construction of any 1-igh%may or related
project approved & the Secretary of Transpuirllatkm. or
0 howv@( kncy.?.in9ty makes any fai se statement or (WSe
repres.fritation as to Frateria! fan in anstatement certAcalle
of riRpW submitted pursuant to provisions of the Federal -aid
Rozios Act appmved Ally 1 1916.13!q $Mr as amended
and supplemented:
Shal! be lined under- fts title or oprisorred not n�we lihan 5
years or tmilh,
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This proypsjofl is applicable to QN Federal-M construction
ooWacM and to all relaled subcontir"
By subrnis!won aF this bid,. prop�asa or the execution c4 this
contract or subcontract, as appropiflate. tie bidder propow.
Fe&-rai-aid constr uctico coutractcr, or subconlractor, as
aWopnate. Ili be deemed to have ErtiNated as tdkrvs-
1. That anyr person is ar be uti ized In the
pedorrnance of this comract irk not pfuftib;ted from receiving an
av-wd due to a viiclation of Sectiim SW af the Clean Water Act
or Section 306 of the C,ean Air Act.
2. That the corilfaciv agrees la include or cause to be
included the requeements of paraoraph r 1 ) of this SeGt:10n X in
every subcointiract. and further agmesto lake Such action as
Me contracting agency may direct as a rnearks cf enforciN
such recltmi-ements.
X. CE RTI FIC ATI ON REGARDII NO DEBARM E NT.
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provilwon is applicable to all Fpclefa I-ao consiruebon
owtiracis, d"n-bixld cordracts. subcontracis
suboavach, purchase orders. lease agr"ni-enM, consultant
conitraeft or " odw covmW Wivaactcm reqtmringi Fh%NA
approval or that is esfoated to am 21000 c r more - as
dEfted in 2 CFR Parts 180 and 1200.
1, instructions for Certification - First Tier Participants:
a. By &0*V md subrnftM Ibis proposaf. die praspe*m
W ber parbo;wd is provickg the oefutication sM out bo4ow
b The Inabift of a person to pmvWe the cariffwAition -set out
bed-v,hiN rKst ruilic4szMlly nwA lin denol of participation in this
Agreement No. 22-201 D
covered tirmwmaction T be PFa&pec?Pte furst liar pai-bzipaul shall
submit an explanatioq of &iiy rt cannot pro -wide tne certificaton
set iaut bakyw- The 0&tr(1CaMCW11 OF explanation will be
considered in connect cin -,.Ah the depwitrnwil or &Wcy's
determwotion %-.1hether to enter into this trainsacton. Fky-rem,
fail,.ire Of the pig first lier parlicipant to famish a
r-e0kcation or an e)oanabon -shalt 6squahfy -such a pffsm
frorn parfiapaiKm in Thm branswim
c 7he wrtrfcaticn in tits clause is a rrialzrial representation
of fact t*w. ~ rtHlame .&-as pined vohen the contiraDting
agency det@m1nied la enler into ft transaction 11 it is later
deitwmined thal the prospKtrm par bmllwt kmAiNly rendered
an errmoous certification, m addibw to other remedies
avaWable to the Federal Cnovernirimt co6traciling agemy
may terminaie this transadion V Cat" of 008tA
d- The pf ospeclive first fia pwfi*ank dwl pmAk
irnmedtge written no&e to dpe conk ockW9 egwiW lo,.-�bwn
this prDposal is submitted 4 " time the pnXqXK*hffl f irst lWor
padicip-ant learns malt lits certiiflcalk n wais enDneow when
sub,mifted (x has t coime tirroneous by reasm of dwVed
eircutrziances
e-The lerns cow ered l)ansaction,�vdebaTed."
suspended,- irkeligible.'parficiIpW"pmm" "Oncipic'
and "Voluntarily exduded. as used In Ns clause. -are defined
iin 2 CFR Parts 160 and 12DO -Ftsl Tier Cavered
Transactions- refers to any covered transaction bet,*en a
grantee or subgrantee of Fedff:N furlds and a pwtoparM is
asthe pirimeorgeneral contrw. -Lou AierTier Covered
TrarmadionaF refers to any corvered twsacbm under a Firm
Tier Goverebrt T ransaiation (such as skftont-&ds). -First Tier
Partic Van I - refers to the pail-cipant �,ho has mitered wnlo a
covered transaction vAth a gwtee Qr subgrantee of Federal
fijods 1 such as ft pdn,* or gewal comactor i. 'Lam!r Tler
Participant' ref, paiikipa v6o has ente-red wrto a
covered transaction vAh a F-Ost Fier Participant or other to.-oer
Ti-er Participants (MEh as sr and -suppliersi
f. The pmpeciNe Hirst tier parlictpant agrees by subrnitbng
this primal ", should the proposed cwered transaction be
entered into. it shall rat knoAngly enter into any lov-er li,er
covered Tr answ_,Son with a per ,,tko is debarred.
Suspended. declared if%Migibte. m voliintzrilV eKcludod from
paglicipator, n triis covered trarsac6on unilm avlhori�zed by
the, d"irtin, eni or agemy en*dng into thP5 transact:lon.
g. Ttre prospedwe first tier part pant furtw agirees lt>�
submiting this proposal that ht vAl iinOude the douse tMed
"Certfficiaton Regarding Delbarm&it Sugwnshm. Inek9611ty
wd Vojritaq Tier Coyerea TFansactiow-
primrodled by the diepariment or contmcfiriep agency, entering
into this cowired van Lion, Ajhmoo rnodAaalicrn, in 0 kmer
Fier coverod lransac:tions aid in ail sdiataticm km lower tier`
covered Transactkms -exceeding the $25,DW thrpsh�d
h A partici�ant in a COrviffir0d transactim rniwV " qApon a
C@r1ifiCJJ9)0 Qf a PfCtSpettiVe p0irtke PQMl! in a o,.-,-er tier covered
trar4action that is not deham4 suWended. dnelligib;e, or
VD[unualy a xcluded from the c&MW Uansaclm, unleas A
k ncres Mal the e*nrricalm is emanqH)us A participant is
respws,ible for ensuring that its priincipals are not s usf:mrdei:L
debwed, or otlwryise Ineligible to participate in covered
frnmacbom To verily the eligbilk of its prindpa.1s. as well as
the eligibillidly & any ter prose dive patrtic"ritz. eadi
participant may- W rs not required 10. chei:* the Exc1luded
Parties List Systern 'e.ebsfte ep!s.gd), wNch is
core pi ed by the General Sergi cy A,-m1)inr5trabon,
Page 163 of 524
Agenda Item #4.
i. Nothing conlained in tihe kweong shall be oonstnied. to
require ft estaN ishmat of a systern of records in order to
render in good farth ft oeiriftaftn required by Ihm dauge.
The kmy„IeOge axed intommWon of the prospective participwi.
Is not required to exceed ftt %-filch is norma 11 y possessed by
a prudeni i>ersm in the ordinary oourse of biu!wness. dealings.
1. Except for transaction aLrthofLted Linder parixgWh rf, , of
these insiructions. if a Widpant in a covered transaction
1im,A4ngI j eaters into a lcr-yw bor covered tf ansaction �-%ith a
pemon Aw is suspended. debarred irieligible. or voluntarily
eluded from par patron.. in this transaction, In add9m to
oftr mmedies ayaMbe to the Fedeiral Government, the
d"ftrrient or agency may terminate this itiravuiebori for cause
or tfaarit.
2. Ceritificaficm RApirding Debarment. Suspension,
I riel I g ibitity and Vokmitary Exclusion — Fi rst Tier
Plartic i pan ts,-.
:3 —he prcrs Dective first der part 3lpant ce-refies to the beat of
1;_ -l*dge and belief, ftl rt and ft pflnmpals
-
(I ; Are ro presentdebarred, stispended, piepo5ed for
oebarmerill, declared ineligitAe. of voluntarily
participa6N in covered trwiesactions by any Ftderai
a*parrmeffl Dr agency;
(2) a r nil wfthin a wee -year period p-ecedmg this
prcpcisal been convicted of or had a dvil judgment rerKwe4l
against Inern for commifision of Froud or a car-linal uffwse ir
co,i necuor) with otlaininig, artemplirig to obtain or peorming
a put::! c I Federal, state or local; transaciticon or contract undi�r
a pur 1: 1: transactiori A violstk)o of Fe&%fW or Stale afttrust
statutes or convrlilsMon of, embezzlement Mek forgery.
brit err. fa 15 &cabw of dtsWuckn of reoxft. matting false
-s%atefnents. or receiving stolen property:
13) Are nol pre!se nul y I nclicled fbr OF oth"Se enrn mall y or
civilly ctlarged by a govemmer%Wl e nmy f Federiql. State of
local p Mith commission of any, of the offenses touriefated in
paragrap 1% f a,142) of this aW"bw. and
I . Have nollwithrn a three-year period precadmg this
appl ical impooposal had 0M or mom pulAic tans ac:1.1ons
{Federal. Slate or kcW) twmkwed for cause or defaull.
b. Wtwe lthe prospecdw pmb*ant is unable to ceirjrhj to
any of the statements kn this cartlikation. such prospective
partiopant shall altoch an e irplanabon to this proposal
2. 11-irmiructions for Carl fficati on - Loaner Tier PaOc ipam s.
(Applicable to al I subioGnitracm. puirchm orders airil other
lovooft I ief trw*ac.1;om reel r*V pr or FHWA appiraval or
estimated to Cost M000 or irric" - 2, r.- FR Pails 180 and
1200)
a. By s4*g mid SUb0itting this proposal, the pirospeu6ve
lower tier is proved N ft oertficabon set oul belo,.v
b. The certftadon In Ofm -clause Is a maleeal repre sentAinn
vF fail upon %-otiich ralionm was placed %fien this transacl ion
was enl&&J into If It is later deterriii ned 1hW the prospective
lower tier participani kno.-.ingl y -rendered an erroneous
ceirdil'tcation, In addrticn to other remediies available to the
Feder at Govemment the depa 1 0, "mrrl, or agency _%efth ,-5-,hLc h
Agreement No- 22-201 D
this transactiHor originated Mily pursue avalaNe remedies
including suspension andor debarment.
c The P105ped] Ve lower tier pairticipant sh &14 prcivi.;�*
irrmedi4e mrten notice to the peon to 1his propo-sat is
subm bed d at any time the prospecti Ye lo -,•*i Tiv rticipanil:
jiffaMS that its CfftiflCaftOn erTCARL-OUS lt)-y FL-a5or of
chwWd Ociorwanom
d The temp 'oovered itransaiew - AebamW
suspmndod_" *Irtt` igibile," "Partc;pank.- "persam- wpnricipal.
and "v-Junlarlily excKm*d.R as used in this clause- we defted
rn 2 CF R Parts 180 and 1200. You may contact the per to
v,-hicb this proposal is subrrMed ftr ass star in ob4ai6ng a
copy cf those fegulabom. -First Tier Coveted Transactiom'
rckrs to any coye-reid [ransaiction between a grantee or
subgrardees of Federal funds and a pani4anl (such as the
prime or 9"ral contract -Lo-mm-TperCLuveredTram &*v ns
refer to any cowered liansaclion uMeq a First Tier C'oveired
TrMVaKjM (SUr-h as sus oontrad$L. `Firsi Tier Farticipanil'
j
reefers to the participwT,,ft has emereo into a covered
trainaMon vft a grantee of SuWan!let of Federal funds
(such as the pnrr* or general contractor). -Lcr,*,er Tier
Participant` refers any palcipant -who has &ritared m10 a
covered train sactk>n a First Tier Paft*ant or rather Lo -Ter
Tier Participams (such as subcantra ctors and isupolpeirs!
e. The piraspedive Ibrr er tier Wicipant agrees by
submitting lh is proposm that. should the proposed Mvered
transaclaon be entered IM, it shah not km%iogly enter into
any lour tier covered transaction with a perm -vho. is
debarred. t ueFend d dimlamd inafigikk, or voiluiytarily-
exclucled torn particiaolion in this covered UwwacWn. unless
aLAhaUW by the ck partment or agency w0th rat' kh Ws
traneacdon origip%atad
( The prosWliive lo -.w ter parkipant f unher agrees by
submMing this proposal gist it ,,.ill mclude this dal lie tided
Certificalion Regarding Debarment. Swspensran, inelig"iky
and Voluntairy Ex:dtrsk)n-L[YW'EF Tier Covered TranS26W,"
,MthW modifKaton, in al.I IMMMIr tier omriered transacfiorr3 and
in all soliclWyn for ilmvef tier covered transactiom exodedinig
the S25.000 OvesWdl
g A parftiparil in a covered IransacWn may re!P) upon a
cevhrfication al a prosper-tivib participant in a 10k+,ef tier Coveted
transaction " is not debarred, suspend -Rd, Ineligible, or
volLintarily excl LKIed from the wvered tra ftswtjoiri. un%'ess -it
kno,�-s that the cerfificalian is erromom. A parFkipani is
respccisible for ensuring Wwd hit principals are 11011 --54I!5PftCh!4.
debarf ed, or atherevise ineli�ible to par i4cipate in covered
tiransactioris, To verity " eligibility of its principals- as %-ell as
the eligb*ty of any lovmr tier prospeclive, participants - eorh
parti�peM nW. tmA is noll FeWiired to -check the E xclude�d
Parties Ust System wvbWe f bVs i epls _9ov-.. P vNct,,. m
compiled by Ole Cieneral Servi-ces Administration.
h Nolh irg conlamed in the foregoing 94911 tm wnshwd to
requi,re estaWi5hMni of -a sysitem of Mw_:ords in ocaer to render
in good faith the ceirtffication mKFjirLd by tries clause 7he
kri:DMedge and ln(onmakW of partkipant is not requirand to
-exceed that -%-hieh Is nominally possessed by a pruleni pea son
in the on*wy course of business dealings
i EKckepl kx transactions aulharized undw paragrappi a of
these in0ructiowm. 4 a panicipa Rt In a co vWed tran sacl�on
koow4ly enters into a Tleir covered transactiori. -.ith a
per %vtio is suspended. debarred. ineLoble- or y0kxVWNIv
excluded from- parki)aliion In viiis Iran sacwn. in addition to
Dtheir remedies available to the Federa i Govemmenl. the
-52-
Page 164 of 524
Agenda Item #4.
department w aWney -.11h -ANch fts transaction oNhated
may purkpit avalilahle remedies, includir-g suspensk)n andpot
debarme ni:
Ceriftation Regard[ng Debamvent, Suspension.
Irke I i g i WHO and Vo I u Mary Exc lusion—Lower Tier
Partic! pants -.
1,, The prospective I -ow tier parficW cerdkm by
wilbrnispm of fts proposal that neither it nor ft prkw*aft is
presWly debarred, suspended i proposed l'o( debammnC
600*rd inelligit4a. or Wuntanly excluded from panic ".ng h
w oered tran sackvft by my Fedem I depairtmoni or age-ncy.
L. VV here tt-,,e prospec." lCmw der parbqwt is unaW to
certifj to any o' the!slakwoft in this cef06=0on, such
pf asped ive r7jarti-ripant sliall aftatih an explanal onto this
proposal
X1. CERTIFIC ATI ON REGARDIN G U SE OF CONTRACT
FUNDS FOR LOBBYING
This pro�a5 ioo is app, i-cable to a, i Fedefa l-aid conskiruction
contracts and to all related subconlracl!% -Aich e,)cr.W
$ 1 00-ON {49 C F R 201
1. The pfospecimm panwipant cent its, by signmg and
submitting) this bid or proposal_ to the best of his or he r
krmAgige and teqief, lhat-
a No Fedwail aWroprWte-a funds have been paid of %-.ij] be
paid, by or on behmg of the uncle mqllned, to any person for
WILomcing or attempfing to i nfloffm w offiow or emp4oM of
any Fedwal agency. m Member Df 0ongrfts. an uffker or
eirMloym of CxwVew or an employee of a Mem4ef of
CmVmmss in omvw-bw With the &--vardinq of any Federal
ewksd, the making of any Federal grant. thernakN of am
Fr loan. the entamg into of any coopi9fati-ve agreement_
andthe emnsion, ZQrtiflU4Dn, ferwy4. ammendment. Dr
nxidlication of any Federal owibW. grant. low. or
=Wgve a9mwineft.
lb. It arq funds odwr than Federal appwp6ated Funds have
been paid or -mill be pa!d to anper' n foc influence N Or
attirnpbng to wifluenm an after or ernp!oyee of any Feder al
agency. a Klember UF C-CngM55. an officer or emploiee of
Congress. or an employee of a fvlenftr of Cortgriess in
Connecition .,.ith this Federal omtMet giant. loan, of
woperatk* agreer Pt. the ttr4efsigined shall ewnpleie -arid
subrri,l Standard Form-l-l-L. -DsOosure Form to Report
Lobbyrng," in accordamevath its insilructions
-1 �. Th � coMcation is a material Fepf esentati<>n of fact upon
�hich (ehance %Vs Pieced when this transactkc wa5 maidee of
erved into Submismnofthis cenvricalion isaprete(%.uisitt
V maiN or eryt-einq iito ths transamon Imposed by 31
U. S.0 - 1352 Any person who fails to file the requW
cerWcalman shall be &ub*d to a owd penalty of not I� tJ)an
V D. and not mom than 5 T M. W each such failure
3- The promotive Parkipant also agrees by submiuiing its
bid or Proposal that the parlicipam shall require that the
language of this atmifrcavon be inc keeled in all tier
suboontroats- v*iNc-h e xceed S; 100.000 wd that al I such
racipients shalt -ce.itfi aml di!sciow acoankX$y,
Agreement No. 22-201 D - 59-
Page 165 of 524
Agenda Item #4.
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPAILAC HIAN LOC AL AC C ESS
ROAD CONTRACTS
This provision is apokzble to all Fedeal•aicl projects funded
under the AppaWdidain Reg n- -,3 1 [*ve lopment ALel of I E06 5
1 Du&g Hw pwMffmnb&c*%9 contracl. the wntfactair
undeftking tD dcwwk WiM la, at nhw%6ubl y may te, dam
as on work, shall give pngwwm to quallif ed peman of
rtvulA reside in ft I area as designated by dw DOIL
wterein the =1ract wwk iA sduated or the su1txe9k)n. or ftw
Appalachian ownlies of Jhe $tat@ vherein the oxtract work Is
situated. exc-epl:
a To the extent that qualified persons regul6ivty m%Wkig to
the area are mi available
b: For the fem. nable needs of tJ-.e cant-dr tv erriploy
wipWvisoiry or specially eVerienced persamO nece5!5ary to
nswe an. effi6em exevition of the corTtract v.vrk.
C. For ft obligation d the cortactDr to offer employTmnt to
prmant cw ftwnw ernpoy"s as the result of a lay.fuf W lective
bargaiNng oDiritract. Priavided that 1t)e number of nonresident
persons employed under this subparagraph (I u) shal nial
exceed 20 percent of the total rum oll emp"s ern ployeo
by die contractor on the -Contxact'i-%c. except as, provided in
subparagraph J4 P beia-
2 The ntractor shall place! a jorder"-Afth #w SWa
Empuff ent S;ery'ce Ind � kating (a) dw claalfficWkms of the
laborm mecharves and other eTp*ees required to peirflotm
the conirac,, (b) " rumbef of employees mqoired in
pa& cla ss,if ew-iiiDn, (c; I dw date on vAloh the parlicipani
estimates such et -.oll be required. and (dt ony other
pertinent info(MRIMO MqUlFed by the Slate Er*loVFnW1
SevAce to cxxnplele ftjob order fbirm. The job order may' be
placed with ft State Employ tit Servk* in Wtin ;far bY
lelop1mc If *mng the course of &* ca*act wu6,, .tie
inift"11 u6mated by the ca%vctw in the original job order
is sUbSWO.Wly miad;fiad. ft pwfiaoart #WI pmmO-y notify
the Stffle Empilo"Orlit SWAM.
3 The tractoir shall give U ownskleralor. to 0 cluailMed
job ap;ftanis refened to hkn by the Stale E rnp!oflnent
Service. The -contractor is not mquired to grant empk�yrrieirlit to
any P* apoicantsw1w. in hAS opinw, we nol qtwdit to
perform tht classification of Aork reqL&dd
4- if, w0in om wwk "amAng the plaeN of a job order by
the 0ontraialcig, wfth ft Stale Empbylmni Servkie. the $tate
EmpkqnVrd Saivice Is unabie to reftf any quWed job
aoicants to the comamr, OF less than 1he nurirber
ro*osted. the Stwe EmpkVnent Service -eall llou-wd a
ceMcate to the oon"dot irm;Iiiicating the unavai 'at;! Ky of
applicants. Such eeMcate trial; be rr ade a pal of the
contracWs pemwirent "ied reoDnIs. Upon re-0eipit of this
certificate. " c*nWWDF maV empioy pefsom who do rKd
noffrialty reside ki ft labor area to fill pmtxxis covered by the
.ceril-ffica* not,, htmtwidiriq the provisions of subparagraph I I cl
above.
5. The, pro-Aslons of 23 CFR 633.2011.'mia the
coiriviiwing agency to pwovide a cwtraulu al Gm i-ncm for Ow
um M mo eral resource mg-Lep. al s native lo the Appailactiw
region.
Agreement No. 22-201 D
13. Tie contractor sal I include ft piroviwins of Gecuam I
thr,oWh 4 of this Attachmnil: A tn every subcontrad for work
aNch is, or rea&::nziVy may be, done as on-sLt@ wo6,
12
-54-
Page 166 of 524
Agenda Item #4.
ATTACHMENT "F9
B11YAMERICA RLQtIIREMENTS
Source Of SUPPly - Steel and Iron (Federal Aid Contracts Only): For Federal -aid contracts, the Contractor will
only use steel and iron produced in the United States, in accordance with the buy Amenica provisions of 23
CFR 6 35.410. Contractor will ensure that all manu fa to ring processes for these mate6 als occur in the United
States. A niwiufacturing process is any process that modifies the chemical content, physical shape, size or final
finish ol'a product. beginning with the initial melding and mixing and continuing through the bending and
coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding,
fi ni sh in, and co at 1 n g h aN c been co mpleted. I f a dons est i c pro duct i s to ken outs ide t h e U n ited States for any
proce�,:,_ it becomes foreiLln source material. When using steel and iron as a component of any manufactured
product incorporated uito the project (e.g-, concrete pipe., pre -stressed beams, corrugated steel pipe, etc.), these
same prov i s 1 ons appl N , except that Ih e ni an ufact urer m; ay use minimal quantities of foreign steel and iron when
the cost cif such foreign ni at e ri a I s does not exceed 0. 1 % of the coin pen s at io n or S 2,5 00, wh i cheve r is greater.
These rquirements. are applicable it) all steel and iron materials incorporated into the finished work, but are
not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work.
The Contractor shal I proNide a ccrtification from the producer of steel or iron, or any product containing steel
or iron as a component, stating ftt all steel or iron fumished or incoqK)rated into the finished product was
manufactured in the United States in accordance with the requirements of this provision. Such certification
shall also include: (1) a statement that the product i� & produced endrely within the United Stales. or (2) a
statement that the product was produced with the United States except for minimal quantities of foreign steel
and iron and specify the actual value of the Product. Each such certification shall be furnished to the
AUTHORITY prior to incorporating the material into the project. When F.HWA allows the use of foreign steel
on a project, Contractor shall fumish invoicc.s to document the costs of such rn ate rial, and obtain the
AL I T HORI TY'S wd tten app rova I prior to incorporating the rn ateri a] i nt, n the project.
Agreement No. 22-2010 -55-
Page 167 of 524
Agenda Item #4.
ATTACHMENT "Gyl
PERFORMANCE AND PAYMENT BOND
BY THIS BOND, WE,
, Inc., as Principal and
a Corporation, as Surety, are bound to the Solid
VVaste Authority of Palm Beach County, hereinafter referred to as 14 Auth ority Pi , in the sum of
, Dollars (up to $10,000,000), for payment of which we
bind o L! Fsell ves. o u r heirs. person all representatives, successors, a n d, assigns � join t I y and severa I I y -
THE CONDITION OF THIS BOND is that if Principal:
1, Performs the Agreement dated 20 between Principal and Authodty for
Proposal of HurricanelDisaster Debris Removal, Reduction and Disposal, Agreement. No.. 22-201, the
Agreement being made a part of this bond by reference, in the time and in the manner press bed in the
Agreement, and:
2, Promptly makes payment to all claimants, as defined in Section 255.05(1). Florida Statutes, supplying Principal
Wth labor, materials and supplies, used directly or indirectly by Principal in the prosecution of the mrk provided
for in the Agreement. and:
3. Pays Authority all loss, damages, expenses, cost ' s, and attomey's fees. including appellate proceedings, that
h� Authosustains because of a default by Principai under the Agreement. and,
4. Performs the guarantee of all work and materials furnished under the Agreement for the time specified in
the Agreement. and,
5At completion of all work covered by Agreement and Final Payment by Authority to Principal then Principal
will replace this Performance and Payment Bond with a Proposal Bond, in the amount of 5% of this
Performance and Payment Bond, to be held by the Authority as a guarantee that Principal will provide to the
Authority a Performance and Payment Bond in the amount of up to $10.000.000 on the occasion of a
subsequent Task Order in accordance with the above referenced Agreement-.
then this bond is void: otherwise it remains in full force.
Surety shall be responsible for any and all liquidated damages imposed by the Authority for the referenced
Agreement,
Agreement No, 22-201D _56-
Page 168 of 524
Agenda Item #4.
Any changes in or under the Agreement Documents and compliance or noncompliance with any formalities
connected Ath the Agreement or the changes does not affect Surety's obfigabon under this bond- Any increase in
the total Agreement amount as authorized by the Authority shall accordingly increase the Surety's obligation by the
same dollar amount of said increase. CONTRACTOR shall be responsible for notification to Surety of all such
changes.
See subsection (2) of Section 255.05, Florida Statutes as amended for the notice and time limitations for claimants.
Signed and sealed this day of __,20
PRINCIPAL --
By:
Signature
WITNESS:
Name:
1
Title:
2-
Address-
Telephone:
SURETY:
Signature
WITNESS-.
Name:
Title-
2.
Address-.
Telephone:
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR rs a
Pa qners h i p I al I partn e rs m test e xecu to bon d .
IMPORTANT- Surety companies executing bonds must appear and remain on the Treasury
Department's most current list (Circular 570 as amended) dudnq construction, guarantee
and warranty pedods, and be authorized to transact business in the State of Florida, and
be pre -approved by the Authodty.
Agreement No. 22-201 D -57-
Page 169 of 524
DocuSign Envelope ID: 126CBCEC-A746-4C9B-B59B-8163A2FOA06F
Agenda Item #4. S & JO
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
RE: Mutual Aid Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal between
Solid Waste Authority of Palm Beach County, and Phillips and Jordan, Inc.
Phillips and Jordan, Inc. (P&J) and the Solid Waste Authority of Palm Beach County have executed an
Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal, Agreement No. 22-201C
effective May 8, 2022, through May 7, 2025.
Article 33 (Agreements with other Government Entities) of Agreement No. 22-201C states:
The CONTRACTOR agrees that this Agreement constitutes an offer to all State Agencies and local
government agencies of the State of Florida under the same terms and conditions, for the same
prices and for the same effective period as specified in this Agreement; should the
CONTRACTOR deem it in the best interest of their business to do so.
The Agreement in no way restricts or interferes with any State Agency or local government
agencies of the State of Florida from re -solicitation.
would like to offer to the Village of Tequesta, FL, to enter into this agreement with Phillips & Jordan,
Inc. per Article 33 of Agreement No. 22-201C. This offer is made at the same terms and conditions
stated in the referenced agreement.
Please return one fully executed original letter upon acceptance.
Sincerely,
PHILLIPS & JORDAN, INC.
ACCEPTED: VILLAGE OF TEQUESTA
Name: AUL0,NL et'yf,�, Name:
Printed Name: Morgan Pierce Printed Name:
Title: President, Power Title:
Date: 5/6/2022
Date:
Agenda Item #4.
PUBLIC RECORDS. In accordance with Sec. 119.07011 Florida Statutes, CONTRACTOR must keep
and maintain this Agreement and any other records associated therewith and that are associated
with the performance of the work described in the Proposal or Bid. Upon request from the
Village's custodian of public records,. CONTRACTOR must provide the Village with copies of
requested records, or allow such records to be inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR
who fails to provide the public records to the Village, or fails to make them available for
inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in the Proposal
or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and
following completion of the Agreement if the CONTRACTOR does not transfer the records to the
Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to
the Village, all public records in possession of the CONTRACTOR, or keep and maintain public
records required by the Village. If the CONTRACTOR transfers all public records to the Village
upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the Agreement, the
CONTRACTOR shall meet all applicable requirements for retaining public records. Records that
are stored electronically must be provided to the VILLAGE, upon request from the Village's
custodian of public records, in a format that is compatible with the Village's information
technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS
CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT
Imcwilliams@tequesta.OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has
jurisdiction to investigate municipal matters, review and audit municipal contracts and other
transactions, and make reports and recommendations to municipal governing bodies based on
such audits, reviews, or investigations. All parties doing business with the Village shall fully
cooperate with the inspector general in the exercise of the inspector general's functions,
authority, and power. The inspector general has the power to take sworn statements, require
the production of records, and to audit, monitor, investigate and inspect the activities of the
Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and
eradicate fraud, waste, mismanagement, misconduct, and abuses.
Page 171 of 524
Agenda Item #4.
"The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy
to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("'ADA")
by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible
to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written
statement indicating that all [ agreement /bid documents and specifications], from Contractor,
including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format
that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the
Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by
the World Wide Web Consortium ("WK"), Web Accessibility Initiative UWAI"), available at
www.w3.org/TR/WCAG/."
Page 172 of 524
Agenda Item #4.
D-DcuSig n Envelope ID: DC �F7 E24-FA42-4 DF R-Br.� 5E- B� F22 52fJ 87
E-V erift Afiid a vi(
B id,?rop oral N uniher: Agre e m s nt N o. 2 2- 0 r1
P , ect De:SC ripti ola-, H u Mica n e0l s a st er De b ri s F em ova I , Red Li 1Rt i on s & D i s posa
Tn acc or&mce with Section 448.095 i F _ S �i C on tr4llt��>r �xk no�� Ic d��s tind agrees t�t it i �� the is _
Department of Homeland S c cLIri tv" F-V- elSystem to veri r the c in ploy meet a ligib flity of
1 All PCO MIS e rrl-Ploy ed by th e, Con tray' for to perforrn e11 pl oyment dutie ks wi thin F for da during
the tem-i of the c orrtraQ t, Lind
All �'t` L tY (including �I iri > T .. �F I�. ) assi t� t11 .� >�tr lit r to P r `L ��-m w()r
pursuant to the contract. The C ord ral t or ackno wl edgc and agree.-, that use of- the U.S.
Department of I lards la n d S e LALrity - s E-fir e nf y System dun ng the term o I' the cont-ract, i S a
condition a f th c c ontr'act wi tag tho V i l I a fie o I' Teat« ksta_
ontracto r fLrrth r agrec s to re twin s tlfi dent e- v 1- denc e -o f their enrollment in the E - Teri fy S y Acm and
p ru v idc such e i dvnc e to the Village of Ttqv es (a u poll re quest. Su f is ie tit ev idence sha 11-c onsist .0 f a
Pri rttttl COPY Of the L om p k,- ted E-Verif�r Company Fro it r- pa o c i a htainc d from
'on t ractor also agrees w obt�ii n from sac h of 1 is sub contractorsr'su b c o asu ltants an affida-vit stating that
the s ubc ont tore sub consultant doc� not employ, c:on rac t with, or � tilx(jn trac t with all Toa math on zed
Ali ail } as th Rt terr[1 IS pie fin-ed in. Section 44 .0 9 ,� (l )(k) a ES, Ccutractur 511he r agrees to mai ntr1i 11 a
copy y o I- tin -Y such a ffilda vi t ftom a fOr. art a 1111 .111u rn the dtiration of le
SLLbc ontrua and a-n y ex tins i on thereof
By affixing fro L f s ign ut ur c hclo w, y o u hereby o f irm that Y O a W i 11 L;()mF l y With all F.-fir erl I V
req Ll irenleixt
Id
AVIA-M I. G _...
ignat r
Ito r'g an Ql e r'ce
Pn-nt I ame
STT'F-. of F-LO a)A TENNESSEE
PAL l D F A CH C OUN TY KNOXCOUNTY
56-0694573
Federal Em p toyf�,r identification No.
Date
President, Porter
Title
w orn find S 4Lh sc rib eel he fore me b meam of � hys, i C a L res Sri C e orFL�111ii�� nl�t�ri�t�til�t� �� L�{�
I }_ y
of Pe�, 0,7.;�- h '. - who is personally known � o inc or has prod uc k:d
as &niiFie tion anal i-�rkt-o d 1 d did r Lo c fake ar7 oast � �i L= Curti
O , t'
first nfi-on ed above. ��� A�#*y �� 4,z4� /I ��00
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at ; P ab L i c af'li x scal C
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Page 173 of 524
AgaKI04-#QPIJW9924A-B365-44D4-95BB-4AAi3gE87ACFD
YOUR PARTNER FOR
LID WASTE SOLUTI0;1dS
AGREEMENT FOR
HURRICANEIDISASTER DEBRIS REMOVAL, REDUCTION AND DISPOSAL
BETEEN
SOLID WASTE AUTHORITY of PALM BEACH COUNTY
AND
PHILLIPS AND J RD N, INC.
AGREEMENT N. -1
LID WASTEAUTHORfTY Of PALM BEAcii COUNTY
7501 NORTH JOG ROAD
D
WEST PALM BEACH, FLORIDA 33412 P
(561) saa-aooa
Page 174 of 524
AgRM4014W 1#'&A9924A-B366-44D4-95EIEl-4AAB9E.B.7ACFD
TABLE OF CONTENTS
1.
Efedkve Date and I n co rpo ratio n ofRecita ,---_-_.1
2
Serkoatoba performed bvContractor ..................................................
1
lCompenaallon-
................. ................ ................................ ................
1
4`
Insurance ... -.......................................................... -...........................
2
5.
Standard of Care ............................. ......................................................
3
6.
Indemnification ........................................................................................
3
7.
Independent Contractor ..........................................................................
3
8.
Au t ho rity (oCond u ctBusineas ... ............................................................
4
8.
Compliance with Laws ............................................................................
4
10.
Sub -Contractor ................. .....................................................................
4
11,
Federal, and State Taxes ........................................................................
4
12.
Availability o/Funds,--_................................ ................ ........ ......
4
13.Responsibilities
............ ... ................ ........ __------.4
14
Default ........................................................ -......................................
4
15.
Termination for Convenience ..................................................................
5
18
Uncontrollable Forces ............................... .............................. ..............
5
17.
JuhadicUon Venue, Waiver o/Jury Trial and Remedies .........................
5
18
Commercial Policy, ..... ....... .................... -........
8
10.
Waiver .................... ___________._____________..6
20.
Severability ...................................................... -..................................
8
21
Entirety of Agreement and Modificatbn.....................................................
8
2Z
Successors and Assigns ........................................................................
7
23.
Contingent Fees .......................................................... .............. -.........
7
24.
Truth -in -Negotiation Celificate................................ ..............................
7
25 .
Ownership cfDocuments -------_______________.7
26.
Public. Records,Access and Audits .......... -.....................................
..7
27.
| n s pector Gene ra|--....................... ................................ ............. ......
9
28,
Notice -------___-----_---__-__-__--.....
8
29.
Contract Admin iutrab0n............................................... ...... .............. ...
10
30,
Key Personnel ............................................... ....... ...... -....................
1Q
31.
Equal Business Opportunity Program... .......... -...............................
1O
32.
Scrutinized Companies ---_-_--....
33,
Ag re e me nts with mtharGovemme n t@EWit es ............. ........... -.......
11
34.
Third Party Beneficiary Disclaimer ............. ..........................................
11
35.
E.Verify- Employment Bigibilq............................................................
11
30.
Confidentiality -----------------------------12
37,
Payment Adjustment Schedule ............................................... ----..12
38.
0 rd ern[Aoreemmn --------..13
39.
Task ............................ .......... ---....................
13
40.
Bonds -------------------..-------------13
41.
Florida hvmm/Adm|nistr@tion(FHVVA)Form1273-------.-.14
42.
Buy America Requirements ................................................................. .14
43.
Disadvantaged Business Enlerprises---... --..................................
14
44.
Certification Regarding Suspension and Debarment ........ --.............
15
45.
Access toRecormand Their Retention ................................................
15
05.
Audit Requirements .............................................. ------....... -16
47.
National Environmental Policy Act (N E PA). � . . . . . . . F . , F F F F F + F I F F I F P 4 F I I I I I I I I a I a 1 1
16
No. 22- 201C 'i'
Page 175 of 524
AgS134CIEURM 1'#4kA9924A-B365-44D4-9513E3-4AAB9E87ACFD
48. Americans with Disabilities Act ................... ......................................... 16
49. Compliance with Title VI, Title V1|and other Federal
Lawsand Regulations ............ ..................................................... ....... 10
50- Convict Labor Pmhibition------_----------_—........ 16
51 Certification Regarding Lobbying Activities ............................ —....... 1D
52. DHSSeal, Logo, and Flags ................. ...................................... ......... 18
53. NmObligation bvFederal Government ................................................. 16
54. Program Fraud and False mrFraudulent Statement or
RelatedActs .... ......................................................................... —_-17
EXHIBITS
A. Scope ofWork ............................... ....................................................... 19
ATTACHMENTS
A. Task Order Disaster Debris Management. ......... ............................... 39
B. TemporaryOebhs Management Sites Map ....... ......... 40
C. PANG Assistance Program and Policy Guide ....................................... 41
D' Mobi i zohonSchedu Ie—.......... .................... __---__--_-42
E. FHVYAForm 127................... ..................................... —............... 43
F. Buy America Requirements .................................................................. 55
G. Performance and Payment Bond .......................................................... 5G
Agreement No. 22-20C 'ij'
Page 176 of 524
AdSi�'€AtD'4A9924A-B365-ddD4-495B[i-4AA139E.57Ar,FD
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of m fi Y '/ X- 9 2022, (hereinafter referred to
as the Agreement) by and between Solid Waste Authority of Palm Beach County, a dependent special
district created by Chaptef 2001-3.31, Laws of Florida, as amended, (hereinafter referred to as AUTHORITY) and
PHILLIPS AND JORDAN, INC., (hereinafter referred to as CONTRACTOR and when referred to collectively with
AUTHORITY, the Parties), a Corporation, whose Federal Employer ID Number is 56-0694573;
Whereas, in accordance with the AUTHORITY Is Request for Proposals No. 22-201/DL, solicited to employ the
services of the CONTRACTOR for the purpose of providing Hurricane/Disaster Debris Removal, Reduction and
Disposal, and:
Whereas. CONTRACTOR represents it is qualified, capable and prepared to provide such services.
Now, therefore, in consideration of the promises contained herein and other good and valuable consideration, the
receipt of which is acknowledged by the other, the parties hereto agree as follows:
ARTICLE 1 - EFFECTIVE DATE AND INCORPORATION OF RECITALS
The foregoing recitals are hereby incorporated herein by reference.
1.1 The Effective Date of th is Ag reement shall be May 8, 2022 and the I n itial Term of this Agreement is for three
(3) years and shall expire on May 71 2025, unless terminated earlier as provided for herein,
1.2 The AUTHORITY shall have the option of extending this Agreement for three (3) additional years, as
approved by the ANT HORITY's Board or designee, in its sole and unfettered discretion, on the same terms
and conditions. Such extension shall be in the form of a written Amendment to the Agreement executed by
both Parties.
1.3 The continuance of this Agreement from year-to-year is contingent upon successful annual recertification of
the CO NTRACTO R's capabilities. The recertification process will be a review of the fiscal (bankruptcy, eta),
logistical (equipment availability, etc-), and moral (conviction for environmental crime, conviction for crime
against a public enter etc.) responsibility of the CONTRACTOR and a determination by the AUTHORITY,
based on this review, of whether or not the CONTRACTOR continues to be a viable firm to provide the
services described in this Agreement.
ARTICLE 2 - SERVICES TO BE PERFORMED BY CONTRACTOR
CONTRACTOR shall perform the services as specifically stated in the Scope of Worko at�ached hereto and made a
part hereof as Exhibit A I . UTHORITY.such
, and/or as may be specifically designated and authorized by the A
authorizations will be referred to as Task Orders. Each Task Order shall set forth a specific scope of services,
rate/amount of compensation, completion date, and other pertinent details of the task being authonzed. The
AUTHORITY, by viftue of this Agreement, gives the CONTRACTOR no guarantee of any work/services or any
specific amount of work/services that may be accomplished during the period this Agreement is in full force and
effect.
ARTICLE 3 - COMPENSATION
3.1 The AUTHORITY shall pay CONTRACTOR in accordance with the Fee Schedule, attached hereto and
made a part hereof as.Exhibit B, In addition, the Parties may negotiate a lump surn or not -to -exceed amount
Ag ree rri en t rho. 22-201 C - 1 -
Page 177 of 524
AMpEJI[3r4kA9924A-B366-4A D4.9513B 4AA E3 9E 8 7AC F D
on a per -project basis on an individual Task Order,
3.2 The CONTRACTOR shall submit semi-monthly invoices for services rendered. All invoices must reference
the Task Order number, InvoiGes shall include a statement of progress and appropriate audit quality detail to
satisfy the Federal Emergency Management Agency (FEMA) requirements.
1
3.3 Payment of CONTRACTOR by AUTHORITY is not contingent upon the AUTHORITY being reimbursed by
the Federal Emergency Management Agency (FERIA). Payment to CONTRACTOR will be made for any
work directed by the AUTHORITY which is determined by Federal and State agencies to be ineligible for
reimbursement.
3.4 Payment of invoices shall be within thirty (30j days after receipt of a correct, fully documented invoice. All
invoices shall be delivered to:
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, Florida 33412
Attn: Accounts Payable
3.5 CONTRACTOR will clearly mark its final/last billing with the words '`Final Invoice". This wi[I certify that all
services have been fully performed under this Agreement and that all charges and costs have been invoiced
to the AUTHORITY. Thereupon, this account will be closed and any additional charges or costs, not
included in the Final Invoice, shall be waived by CONTRACTOR. The AUTHORITY shall not be liable for the
payment of any such additional charges or costs not included in the Final Invoice.
3-6 The AUTHORITY will retain 5% of the payment under each Task Order until such time as the entire project
is completed to the AUTHORITY's satisfaction and all subcontractors and any material suppliers verify that
they have been paid.
ARTICLE 4 - INSURANCE
4.1 During the performance of the Services under this Agreement. CONTRACTOR shall maintain the following
insurance policies written by an insurance company authorized to do business in Flodda and acceptable to
the AUTHORITY.
1. General Liability Insurance Wth bodily injury limits of not less than $1,000,000 for each
occurrence, a n d With p ro pe rty damage I i m its of not less th a n $ 1 , 000, 000 for each occurrence.
2. Automobile Liability Insurance with bodily injury limits of not less than $5,000,000 for each
person and not less than $5,000,000 for each accident and with property damage limits of not
less than $5,000,000 for each accident-
3. Workers' Compensation Insurance in accordance With statutory requirements and
Employees Liability Insurance with I`irnits of not less than $500,000 for each accident,
$500,000 for each disease, and $500,000 aggregate.
4. Excess Liability Insurance with llmits of not less than $10,000,000 for each occurrence and
annual aggregate.
4.2 Deductible amounts shall not exceed 5% of the total amount of required insurance in each category. Should
any policy contain any unusual exclusions, said exclusions shall be so indicated on the certificate(s) of
insurance,
4.3 CONTRACTOR, shall furnish AUTHORITY Certificates of Insurance, which shall include a provision that
Agreement No. 22-201C -2-
Page 178 of 524
AgtQenJUM 0#&9924A- B365-44D4-95BB AAA B 9E 87AC FD
policy cancellation non -renewal or reduction of coverage will not be effective until at least thirty (0) days
.F , P
after written notice has been given to the AUTHORITY- CONTRACTOR shall include AUTHORITY as an
Additional Insured on the General Liability and Automobile Liability insurance policy required by this
Agreement. All of CONTRACTOR'S subcontractors shall be required to include AUTHORITY and
CONTRACTOR as Additional Insureds an all of their liability insurance policies,
4.4 CONTRACTOR shall ensure that CONTRACTOR's naming of the AUTHORITY as an additional insured on
its General Liability and Automobile Liability insurance policies pursuant to this Agreement shall afford
coverage for the negligent, reckless, intentionally wrongful or willful acts of CONTRACTOR and other
persons employed or utilized by the CONTRACTOR in the performance of this Agreement.
4.5 In the event that subcontractors used by the CONTRACTOR do not have insurance, or do not meet the
required insurance limits herein, CONTRACTOR shall indemnify and hold harmless the AUTHORITY for
any claim(s) in excess of the subcontractor's insurance coverage.
4.6 The CONTRACTOR shall, not commence work under this Agreement until all insurance required as stated
herein has been obtained and such insurance has been approved by the AUTHORITY,
ARTICLE 5 - STANDARD OF CARE
5.1 The CONTRACTOR shall exercise the same degree of care, skill, and diligence in the performance of the
Services performed pursuant to this Agreement as is ordinarily provided by comparable, qualified
professionals under sirriflar circumstances. The CONTRACTOR shall, at no additional cost to AUTHORITY,
re -perform services which fail to satisfy the foregoing standard of care.
5.2 The CONTRACTOR warrants that all services shall be performed by skilled and competent personnel to the
highest professional standards in the field.
ARTICLE 6 - INDEMNIFICATION
6. 1 GENERAL
Having considered the risks and potential liabilities that may exist during the performance of the services
and in consideration of the promises included herein, AUTHORITY and CONTRACTOR agree to allocate
such liabilities in accordance with this Article 6.
6.2 INDEMNIFICATION
The CONTRACTOR shall indemnify and hold harmless the AUTHORITY, and its officers and employees,
from all �.i;abil itjes. damages, losses, and costs, including, but not limited to, reasonable attorneys fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR
and other persons employed or utilized by the CONTRACTOR in the performance of the Agreement.
6.3 SURVIVAL
Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of
'termination of this Agreement for any reason, the terms and conditions of this Article shall survive.
ARTICLE 7 - INDEPENDENT CONTRACTOR
7.1 The CONTRACTOR is, and shall be
, in the performance of all work services and activities performed under
the Agreement, an Independent Contractor, and not an employee, agent, or servant of the AUTHORITY, All
persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and
in all places, be subject to the CONTRACTOR'S sole direction, supervision, and control. The
CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the
Agreement No. 22-201C
- 3-
Page 179 of 524
Agwm4m,t�$gFplc#&49924A-B365-44D4-95BBAAAi3gE87AC;FD
work, and in all respects the CONTRACTOR'S relationship and the relationship of its employees to the
AUTHORITY shall be that of an Independent Contractor and not as employees or agents of the
AUTHORITY.
7.2 The CONTRACTOR does not have the power or authority to bind the AUTHORITY in any promise,
agreement or representation other than specifically provided for in this Agreement,
ARTICLE 8 - AUTHORITY TO CONDUCT BUSINESS
The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all, licenses and
approvals required to conduct its business and perform all requirements in this Agreement.
A RTJ C LE 9 - COMPLIANCE WITH LAWS
In performance of the Services, the CONTRACTOR will comply with applicable regulatory requirements including
federal. state, special district, and local laws, rules, regulations, orders, codes, criteria, and standards,
ARTICLE, 10 - SUB -CONTRACTING
101 The AUTHORITY reserves the right, in its sole and unfettered discretion, to accept the use of a
subcontractor or to reject the selection of a paicullar subcontractor under this Agreement.
10.2 If a subcontractor falls to perform or make progress. as required by this Agreement, and it is necessary to
replace the subcontractor to complete the work in a timely fashion, the CONTRACTOR shall promptly do so,
subject to acceptance of the new subcontractor by the AUTHORITY.
ARTICLE 11 - FEDERAL AND STATE TAXES
The AUTHORITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, the AUTHORITY will
provide an exemption certificate to CONTRACTOR. The CONTRACTOR shall not be exempted from paying sales
tax to its suppliers for materials to NMI contractual obligations with the AUTHORITY, nor shall the CONTRACTOR
be authorized to use the AUTHORITY'S Tax Exemption, Number in 'securing such materials.
ARTICLE 12 - AVAILABILITY OF FUNDS
The obligations of the AUTHORITY under this Agreement are subject to the avail.ability of funds lawfully appropriated
for its purpose by the Board of the Solid Waste Authority of Palm Beach County.
ARTICLE 13 - AUTHORITY'S RESPONSIBILITIES
AUTHORITY shall be responsible for providing access to all project sites, and providing information on hand required
by CONTRACTOR, including existing reports, studies, financial information, and other required data that are
available in the files of the AUTHORITY.
ARTICLE 14 - DEFAULT
14.1 The AUTHORITY may, by written notice of default to the CONTRACTOR, terminate the Agreement in whole
or in part if the CONTRACTOR. a) fails to satisfactodly perform any provisions of this Agreement', or b) fai[s
to make progress so as to endanger performance under the terms and Conditions of this Agreement; or c)
repeatedly fails to perform; or d) does not remedy any such failure within a period of ten (110) days (or such
period as the Director of Purchasing Services may authorize in writing) after receipt of notice from the
Director of Purchasing Services specifying such failure, In the event the AUTHORITY terminates this.
Agreement in whole or in part because of default of the CONTRACTOR, the AUTHORITY may, in its sole
Agreement No. 22-201 C -4-
Page 180 of 524
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and unfettered discretion, procure goods and/or services similar to those required under this Agreement and
the CONTRACTOR shall be liable for any excess costs incurred due to this action,
14.2 If it is determined that the CONTRACTOR was not in default or that the default was excusable (e.g., failure
due to causes beyond the control of, or without the fault or negligence of the CONTRACTOR), the fights
and obligations of the parties shall be those provided in Article 15 - Termination for Convenience_
ARTICLE15 - TERMINATION FOR CONVENIENCE
15.1 The Director of Purchasing Services may, whenever the interests of the AUTHORITY so require, terminate
this Agreement, in whole or [n part, for the convenience of the AUTHORITY. The Director of Purchasing
Services shall give five (5) business days prior wden Notice of Termination to the CONTRACTOR,
specifying the portions of the Agreement to be termInated and when the termination is to become effective.
If only portions of the Agreement are terminated, the CONTRACTOR has the right to withdraw. without
ad verse action by the AUTHOR I TY, f rom the entire Ag reement.
15.2 U n less directed d iff erently in the Notice of Termination, the CO NTRACTO R shall i ncu r no further obligations
in connection with the terminated work and shall stop work to the extent specified on the date given in the
Notice of Termination. Additionally, unless directed differently, the CONTRACTOR shall terminate
outstanding orders and/or subcontracts related to the terminated work-
15.3 Unless the CONTRACTOR 'is in breach of this Agreement, the CONTRACTOR shall be paid for services
rendered to the AUTHORITY'S satisfaction through the date of termination specified in the Notice of
Termination.
ARTICLE 16 - UNCONTROLLABLE FORCES
161 Neither the AUTHORITY nor CONTRACTOR shall be considered to be in default of this Agreement if delays
in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of
reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall
-mean any event which results in the prevention or delay of performance by a party of its obligations under
this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is
not limited to fire, flood, earthquakes, storms, lightning, epidemic, pandemic, war, riot, civil disturbance,
sabotage, and governmental actions.
16-2 Neither party shall, however, be excused from performance if nonperformance is due to forces which are
preventable, removable, or remediable and which the nonperforming party could have, with the exercise of
reasonable diligence.. prevented, removed or remedied with reasonable dispatch. The non -performing party
shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force,
give written notice tothe other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
ARTICLE 17 - JU R1 SDICTION, VENUE, WAIVER OF JU RY TRIAL AN D REM ED1 ES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce
the Agreement shall be in a State couof competent jurisdiction located exclusively in Palm Beach County. With the
exception of the choice of law and venue provisions contained herein, no remedy conferred upon any party is
intended to be exclusive of any other remedy r and each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in equity- No single or partial
failure by any party to exercise any right, power, or remedy hereunder, shall preclude that party from exercising that
right, power or remedy in the future. THE AUTHORITY AND CONSULTANT FREELY AND VOLUNTARILY
AGREE TO WAIVE ITS RESPECTIVE RIGHT TO A JURY TRIAL ON ANY ISSUE(S) SO TRIABLE.
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ARTICLE 18 — COMMERCIAL NON-DISCRIMINATION POLICY
As a condition of entering into this Agreement, the CONTRACTOR represents and warrants that it will comply with
the AUTHORITY's Commercial Non -Discrimination Policy, as described in Section 6.3 of the AUTHORITY's
Purchasing Manual, including subsequent amendments thereto, if any. As part of such compliance, the
CONTRACTOR shall not discriminate on the basis of race, color, religion, ancestry or national origin, gender, age,
marital status, familial status, sexual orientation, ge nder identity or express &, disabi I ty, or genetic i nformation in the
solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers,
nor shall the CONTRACTOR retaliate against any person for reporting instances of such discrimination. The
CONTRACTOR shall provide equal opportunity for subcontractors, vendors and supplierB to participate in all of its
public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this
clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have
occurred or are occurring in the AUTHORITY's relevant marketplace In Pal.rn Beach County. The CONTRACTOR
understands and agrees that a material violation of this clause shall be considered a material breach of this
Agreement and may result in termination of this Agreement, disqualification or debarment of the CONTRACTOR from
participating in AUTHORITY contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and
creates no obligation to, any third party. The CONTRACTOR agrees and understands that the provisions of Section
6.3 of the AUTHORITY's Purchasing Manual are incorporated herein by reference and that the CONTRACTOR is
familiar Wth the contents of same.
ARTICLE 19 - WAIVER
A waiver by either AUTHORITY or CONTRACTOR of any breach of this Agreement shall not be binding upon the
waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the
waiving party's rights with respect to any other or further or subsequent. breach. The making or acceptance of a
payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to
operate as a waiver of any further or subsequent default or breach.
ARTICLE 20 - SEVERABILITY
201 The invalidity, illegality, or unenforceability of any provision of this Agreement, or the OGGurrenGe of any
event rendering any portion or provision of this Agreement void, shall in no way affect the validity or
enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed
severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the
Agreement did not contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
20.2 The provisions of this section shall not prevent the entire Agreement from being void if a provision which is
of the essence of the Agreement is determined to be void -
ARTICLE 21 - ENTIRETY OF AGREEMENT AND MODIFICATION
The AUTHORITY and the CONTRACTOR agree that this Agreement. including Exhibits and Attachments, and any
matters incorporated by specific reference set forth the entire agreement between the parties, and that there are no
promises or understandings other than those stated herein. This Agreement supersedes all prior agreements,
contracts, proposals, representations, negotiations, letters or other communications between the AUTHORITY and
CONTRACTOR pertaining to the services, whether written or oral- None of the provisions or terms and conditions
contained in this Agreement may be added to, amended, modified, superseded or otherwise altered except by written
instrument executed by the parties thereto.
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.
ARTICLE 22 - SUCCESSORS AND ASSIGNS
AUTHORITY and CONTRACTOR each binds itself and its partners, successors, executors, administrators, assigns
and legal representatives to the other party and its partners, successors, executors, administrators, assigns and legal
representative. CONTRACTOR shall not assign this Agreement without the prior express written approval of the
AUTHORITY in its sole discretion via executed amendment.
ARTICLE 23 - CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the CONTRACTOR to solicit or secure this Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the
CONTRACTOR, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from
the award or making of this Agreement.
ARTICLE 24 - TRUT-H-IN-NEGOTIATION CERTIFICATE
24.1 Execution of this Agreement by the CONTRACTOR shall act as the execution of a truth-in-negoti'ation
certificate certifying that the wage rates and costs used to determine the compensation provided for in this
Agreement are accurate, complete, and current as of the Effective Date of the Agreement.
24.2 The said rates and costs shall be adjusted to exclude any significant sums should the AUTHORITY
determine that the rates and costs were increased due to 'inaccurate, 'incomplete or noncurrent wage rates
or due to inaccurate representations of fees paid to outside oonsultants. The AUTHORITY shall exercise its
rights under this 'Certificate" within one (1) year following payment.
ARTICLE 25 - OWNERSHIP OF DOCUMENTS
CONTRACTOR shall be required to cooperate with other consultants relative to providing information requested in a
timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other
information shall become the property of the AUTHORIT'Y for its use and/or dist0utlon as may be deemed
appropriate by the AUTHORITY In its sole and unfettered discretion.
ARTICLE 26 - PUBLIC RECORDS, ACCESS AND AUDITS
26.1 It is the i ntent of this Article to mat ntai n compliance with the Florida Public Records Law, Ch. 119, Florida
Statutes, as amended.
26.2 DESIGNATED RECORDS CUSTODIAN CONTACT INFORMATION:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 179, FLORIDA STATUTES, THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
RECORDS MANAGER
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
7501 NORTH JOG ROAD
WEST PALM BEACH, FL 33412
561-640-4000 EXT. 4606
REC0RDSCUST0D1AN@SWA.0RG
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26.3 The CONTRACTOR shall maintain records related to all charges, expenses, and costs incurred in
estimating and performing the work, in accordance with the timeframes and classifications for records
retention as per the General Records Schedule GS1-SL for State and Local Government Agencies (see:
hftps:l/dos-myflorida.com,/l!brary-archives/`records-mana,,qement g neral-records-schedul after completion or
termination of this Contract. Upon AUTHORITY'S request, CONTRACTOR shall provide AUTHORITY
with access to such records during normal business hours at a location within Palm Beach County for
purposes of inspection or audit.
26.4 Notwithstanding anything herein. (o the contrary, the CONTRACTOR expressly acknowledges that: j) it is
providing a specific service to the AUTHORITY in the performance of this Contract, iiii) acting on behalf of the
AUTHORITY in the performance of this Contract; ill) that it has read and is familiar with the Florida Public
Records Law, Ch. 119, Florida Statutes, as amended, and both understand its responslbillty and obligation
to comply with this law: and iv) to the extent any question(s) arise regarding its duties to produce public
records, it shall contact the Records Manager with same.
26.5 Any public records requests directed to, or related in any way to this contract shall be directed solely to the
Records Manager. If the requested records are not in the possession of the Records Manager, they shall
immediately notify the CONTRACTORand the CONTRACTOR must provide the records or allow access to
the records within a reasonable time- A CONTRACTOR who fails to provide the records to the public
agency with In a reasonable time may be su bject to penalties u nder Florida Statutes (F -S) §119, 10 , and
§119,10(2) provides that a person who willfully and knowingly violates the Public Records Act commits a
misdemeanor of the first degree, which is punishable by up to a year in jail and a fine not to exceed $1,000.
26.6 Therefore, the CONTRACTOR is required to:
1) Keep and maintain public records that ordinarily and necessarily would be required by the
AUTHORITY in order to perform the service;
2) Upon AUTH ORITY's req uest from the AUTHO RITY's Records Manager; provide I h e AUTHORITY with
a copy of the requested records to allow the records to be inspected or copied within a reasonable time
on the same terms and conditions that the AUTHORITY would provide the records at a cost that
does not exceed the cost provided by Florida law;
3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the Agreement term
and following the completion of the Agreement if the CONTRACTOR does not transfer the records to
the AUTHORITY: and
4) Upon completion of the Agreement, transfer at no cost to the AUTHORITY, all public records
in possess ion of the CONTRACTOR or keep and maintain public records to the AUTHORITY
upon completion or termination of the Agreement; the CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt free pubIllic records disclosure
requirements. If the CONTRACTOR keeps and maintains public records upon completion of
the Agreement, the CONTRACTOR shall meet all applicable requirements for retalnrng public
records. All records stored electronically must be provided to the AUTHORITY, upon request
from the AUTHORITY's Records Manager, either during performance of the Agreement or
after termination or completion of the Agreement in a format that is compatible with the
information technology systems of the AUTHORITY.
26.7 Failure of the CONTRACTOR to comply with these requirements shall be a material breach of
this Contract.
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26.8 CONTRACTOR sha1 maintain financial and program records to justify all charges and costs
incurred in performing the work for at least three (3) years following final payrnent by the
AUTHORITY as Federal Emergency Management Agency (FEMA) sub -grantee as required by 2
CFR 200.333. The AUTHORITY shall have access to such books, records, and documents as
required in this section for the purpose of inspection or audit.
26.9 In the event records retention requirements in Florida Statutes Chapter 119 and 257 exceed those
of FEMAC, the records shall be retained to comply with the State of Florida requicements.
ARTICLE 27 - INSPECTOR GENERAL
Palm Beach County has established the Office of the Inspector General (01G), Ordinance No. 2009-049 which is
authorized and empowered to review past, present and proposed county contracts, transactions, accounts and
records, The AUTHORITY has entered into an Interlocal Agreement (ILA) for Inspector General Services, This
agreement provides for the Inspector General to provide services to the AUTHORITY in accordance with the
authority, functions and powers set out in the Palm Beach County Office of Inspector General Ordinance. All parties
doing business with the AUTHORITY and receiving AUTHORITY funds shall fully cooperate with the Inspector
General including providing access to records relating to this agreement. The Inspector General has the power to
subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect
the activities of the CO NTRACTO R, its off icers, agents, employees, and lobbyists in order to ensure com pl lance with
contract specifications and detect corruption and fraud. Failure to cooperate with the Inspector General or
interference or impeding any investigation shall be in violation of Ordinance 2009-049, and punished pursuant to
Section 125.69, Florida Statutes, in the same rnanner as a second-degree misdemeanor.
ARTICLE 28 - NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in
person or sent by certified mail, postage prepaid as follows,
AS TO AUTHORITY
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, Florida 3,3412
Attention. Executive Director
Office No-- 561-640-4000 Fax No.: 561-640-3400
AS TO CONTRACTOR I
Phillips and Jordan, Inc.
10142 Parkside Drive
Suite 500
Knoxville, TN. 37922
.Attention: Tommy Webster, Program Manager - Disaster Services
Office No.: 865-392-3013 Fax No,: 865-688-8369 E-Mail: twebsterapandi.com
Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses
to which such notice is to be directed may be made from time to time by either pairty by written notice to the other
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party. Facsimile transmission is acceptable notice effective when received, however, facsimile trans nn issio ns
received (i, eo printed) after 5:00 p, m. or on weekends or holidays, wi I I be deemed received on the next business d ay.
The original of the notice must additionally be mailed as required herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine communications between
representatives of CONTRACTOR and AUTHORITY,
ARTICLE 29 - CONTRACT ADMINISTRATION
Services of CONTRACTOR shall be under the general direction of the Chief Operations Officer, or designee, who
shall act as the AUTHORITY'S representative during the term of the Agreement.
ARTICLE 30 - KEY PERSONNEL
CONTRACTOR shall notify AUTHORITY in the event of key personnel changes which might affect this Agreement.
Notification shall be made within ten (10) days of said changes. AUTHORITY has the right to reject any proposed
changes in key personnel. The following personnel shall be considered key personnel:
Tommy Webster - Contract Manager, Operations/ProjeGtManager
Cell No.: 828-644-3222 E-Mai[ twebster R.Pandii.com
Morgan Pierce - Mission Executive
Cell No.: 919-740-3250 E-Mail. mpiierce@pa
Erie Heed ric k - M i ssi on/Operatio ns M a nag e r
Cell No.: 813-714-9471 E-Mail: ehedr=1ck(@,Pandt'.qoM
Matthew Mooneyham- ClienUProject Manager
Cell No.: 850-530-7151 E-Mail: mafthew,moonevham@;)hilligsih.com
Heath Stone - Operations/Project Manager
Cell No.- 865-392-3057 E-Mail- hstone(a),phillipsihcom
ARTICLE 31 - EQUAL BUSINESS OPPORTUNITY PROGRAM:
The Govern i ng Board of the AUTHORITY has 1 m, plemented the Economic I reclusion Policy administered by the Eq oral
Business Opportunity (E8 ) Program Office to ensure that all segments of its business population, including, but not
limited to local, small, rrilnodty, and women -owned busmesses, have an equitable opportunity to paalcipate in the
AUTHORITY'S procurement process, in accordance with Section 6.1 through 6.4 of the Purchasing Manual. Program
tools a n d solicitation incentives are h e re b y referred to as the Aff i rmat ive Procurement Initiatives (A P 1).
31.1 Affi rm at iv e Pr u rem e nt in it i ative (AP 1):
The AUTHORITY has NOT applied an Affirmative Procurement Initiative to this Agreement.
ARTICLE 32 - SCRUTINIZED COMPANIES
32.1 As provided in F.S, 287-135, by entering into this Agreement or performing any work in fuqherance hereof, the
CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform
hereunder, have not been piaced on the Scrutinized Companies With Activities in Sudan List or Scrutinized
Com pan les With Activities in The I ran Petroleu m Energy Sector List created pursuant to F - S , 215.473, or is
engaged in business operations in Cuba or Syria.
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If the AUTHORITY determines, using credible information avaliable to the public, that a false certification has
been submitted by CONTRACTOR, this Agreement may be terminated and a civil penalty equal to the greater of
$2 million or twice the amount of this Agreement shall be imposed, pursuant to FS, 287.135. Said certification
must also be submitted at the ti me of renewal of this Agreement,
32.2 As provided in F. S e 287.135, by entering i nto this Agreement or perform! ng any work in furtherance hereof, th is
Agreement certifies th at it, its affi I iiates, suppl iers , subcontractors, and consultants who will perform hereu rider,
have not been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel,
pursuant to F.S. 215,4725.
It the AUTHORITY determines, using credible information available to the public, that a false certification has
been submitted by CONTRACTOR, this may be terminated and a civil penalty equal to the greater of $2 million
o r twice the amo u nt of th Is s hall I be im posed , p ursuant to F . S, 287.135. Sa Id oe- rti ficat i a n must al so be su b m itted
at the time of renewal of this Agreement,
ARTICLE 33 - AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES
33.1 The CONTRACTOR agrees that this Agreement constitutes an offer to all State and local government
agencies of the State of Florida under the same terms and conditions, for the same prices and for the same
effective period as specified in this Agreement should the CONTRACTOR deem it in the best interest of
their business to do so,
33.2 The Agreement in no way restricts or interferes with any State or local government agencies of the State of
F I o r 1 d a fro rn re -solicitation.
ARTICLE 34 - THIRD PARTY BENEFICIARY DISCLAIMER
It is not the intention of these documents to create third party beneficiary status in any person or entity that is not a
direct party to this Agreement, and no language in this Agreement should be construed or interpreted as creating a
third party beneficiary.
ARTICLE 35 - E-VERI FY - E M PLOYM ENT ELIGIBILITY
35.1 The CONTRACTOR certifies, warrants and represents that it is In compliance with Section 448.095, Florida
Statutes, as may be amended and that CONTRACTOR shall:- ( 1 ) register with and use the E-Verify System
(E-Verify.gov) to electronically verify the employment eligibility of all newly hired workers-, and (2) has
verified that all of the CONTRACTOR'S subcontractors performing the duties and obligations of this
Agreement are registered with and use the E-Verify System to electronically ven'fy the employment eligibility
of all newly hired workers, CONTRACTOR shall obtain from each of its subcontractors an, affidavit stating
that the subcontractor does not employ, contract with, or subcontract with an Unauthodzed Allen, as that
term is defined in Section 448.095(1)(k), Florida Statutes, as may be amended, CONTRACTOR shall
maintain a copy of any such affidavit from a subcontractor for, at a minimum, the duration of the subcontract
and any extension thereof. This provision shall not supersede any provision of this Agreement which
requires a longer retention period.
35.2 AUTHORITY shall terminate this Agreement if it has a good faith belief that CONTRACTOR has knowingly
violated Section 448.09(1), Florida Statutes, as may be amended. If AUTHORITY has a good faith belief
that one of CONTRACTOR'S subcontractor(s) has knowingly violated Section 448.09(1), Florida Statutes,
as may be amended, AUTHORITY shall notify CONTRACTOR to terminate its contract with the
subcontractor and CONTRACTOR shall immediately terminate its contract with the subcontractor. If
AUTHORFFY terminates this Agreement pursuant to the above, CONTRACTOR shall be barred from being
awarded a future contract by AUTHORITY for a period of one (1} year from the date on which the
Agreement was terminated. In the event of such contract termination, CONTRACTOR shall also be liable for
any additional costs incurred by AUTHORITY as a result of the termination.
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ARTICLE 36 — CONFIDENTIALITY
No reports, information, computer programs, documentation, andlor data given to, or prepared or assembled by the
CONTRACTOR under this Agreement shall be made ava'11able to any individual or organization by the
CONTRACTOR without prior written approval of the AUTHORITY,
ARTICLE 37 - PAYMENT ADJUSTMENT SCHEDULE
37.1 The AUTHORITY acknowledges the fluctuating nature of prices.
37.2 Annual Non -Fuel. The Non -Fuel Adjustment shall be applied to those rates subject to adjustment and as
provided within this Agreement. For the purpose of this Agreement, the Non -Fuel component Is assumed to
represent 90% of the CONTRACTO R�s costs , Therefore, 90% of the approved rates shal I be so adjusted -
The rates shall be adjusted as follows:
The rates shall be adjusted annually, commencing on the first anniversary date, by the change in the Water
and Sewer and Trash Collection Services Index, Series ID CUS-ROOOOSEHG, as published by the United
States Department of Labor, Bureau of Labor Statistics (wvvw. b Is.gov). The change in 1he index shall be
calculated by dividing the average of the index over the twelve-month plod ending the December
preceding the effective date of the adjustment (January - December 2022) by the average of the index over
the twelve-month period from January 2021 through December 2021 . The first Annual Non -Fuel adjustment
shall be effective May 7, 2023 to May 61 2024.
For example,
For the Contract year beginning May 7, 2023, the average of the index over the twelve-month period from
January 2022 through December 2022 shall be divided by the average of the index over the twelve-month
period from January 2021 through December 2021, multiplying the result by ninety {90) percent of the
contract or AUTHORITY established price, and subtracting ninety {90} percent of the contract or
AUTHORITY established price.
The surcharge/credit shall be rounded to the nearest cent.
Formula:
Most Recent Year Average / Prior Year Average x 90 x Rate - (, 90 x Rate) -Annual Adjustment
C.,q1PndAr-
Annual Payment Adjustment Calendar
April April
2023 2024
Extension Clause Annual Payment Adjustment Schedule
Apdl
April
April
2025
2026
2027
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373 Activatio in F ue I Ad ust meat (F u ell S u rch a rgeJC relit)
The rates subject to adjustment shall be subject to a fuel price surcharge/credit for fluctuations in the price
of fuel. For the purpose of this Agreement, fuel is assumed to represent 10% of the Contractor's costs
therefore 10% of the approved rates shall be so adjusted. Fuel adjustment shall be calculated and effective
upon activation.
The rates shall be adjusted as follows:
For the rates subject to adjustment, a fuel surcharge/credit shall be charged/credited basis based on the
percentage change in the average price of fuel as published by the Oil Price Information Service (OPI and
measured by the OPIS Standard Rack, OPIS No. 2 Distillate Gross Prices, Unbranded Average for Miami,
Florida between the month of January 2022 (Base) and the most recent month available upon activation.
Fuel Adjustment does not use a floor or ceiling and provides adjustments in either direction without limit.
The surcharge/credit shall be rounded to the nearest cent.
Formula:
Most recent OPIS (at activation) / Base x 10 x Rate - (.10 x Rate) - Fuel Adjustment (for duration of
activation)
For exam
Should activation occur October 2023, the fuel surcharge/credit shall be calculated by dividing the reported
unbranded average price for September 2023 by the Base (unbranded average price for January 2022),
multiplying the result by ten (10) percent of the contract or Authority established price, and subtracting ten
(10) percent of the contract or Authority established price.
37.4 In the event that either of these indices is no longer available. the parties shall mutually agree to a
replacement index. The value of the adjustment will be determined by the AUTHORITY.
ARTICLE 38 - ORDER OF AGREEMENT ACTIVATIONILOCATIOWASSIGNMENT
The CONTRACTOR has entered into a contingent Agreement with the AUTHORITY for Hurricane/Disaster Debris
Removal, Reduction, and Disposal. The Agreement awarded wili be activated on an as -needed basis as solely
determined by the AUTHORITY. The AUTHORITY may activate, assign/reassign any or all CONTRACTORS at any
time as may be deemed appropriate depending upon the circumstance(s), the event, or any other condition which
may warrant such action as it determines in its sole and unfettered discretion.
ARTICLE 39 - TASK ORDEPPERFORMANCE
Task Orders shall be executed bilaterally, and the scope of services and format of Task Orders shall be mutually
agreed to by the CONTRACTOR and AUTHORITY. Peftmance will be measured by the metrics established in
each Task -Order. After 1/3 and again after 2/3 of the stipulated number of days of work in the Task Order have
elapsed, the CONTRACTOR(S) shall provide a written progress re port to the AUTHORITY for review and
acceptance. The AUTHORITY shall have the right to correct for CONTRACTOR default or underperforal ante by any
means it deems in its best interest. CONTRACTOR will be required to provide a daily report of quantity of work
performed under each Task Order. The daiiy report shall be submitted by 11:00 a.m. or earlier the following morning.
ARTICLE 40 - BONDS
CONTRACTOR shall maintain a Proposal Bond in the sum Of $500,000. The CONTRACTOR's Proposal Bond will be
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returned to the CONTRACTOR in exchange for and acceptance of an appropriate size bond as determined by the
AUTHORITY after assessment of damage and definition of the CONTRACTOR's scope of service. In case of
hurricane caused damage, a Category 1 storm would require a $2,000,000 Bond, a Category 11 would require a
$4,000,000 Bond, a Category III would require a $6,000,000 Bond, a Category IV would require an $8,000,000 Bond,
and a Category V would require a $10,000,000 Bond, The Bond requited would be a Performance and Payment
Bond, Attachment G. The cost of the Bond is included in the unit rates in the Fee Schedule,
Exhibit S. The
CONTRACTOR shall maint4n the Proposal Bond in effect until the Performance and Payment Bond is submitted to
and accepted by the AUTHORITY. If the CONTRACTOR fails to supply a Performance and Payment Bond, the
AUTHORITY shall be entitled to retain the Proposal Bond to rectify the CONTRACTOR's unacceptable performance.
Pending successful annual CONTRACTOR recertification, the Proposal Bond shall be in effect for the entire term of
the Agreement, except for peri1od(s) of time when, a Performance and Payment Bond is in effect.
ARTICLE 41 — FLORI DA HIG HWAY ADM IN ISTRATION (F HWA) FORM 1273
41.1 This Agreement incorporates all of the provisions set forth in the document commonly known as FHWA
Form 1273, Attachment E, which is attached hereto and incorporated by reference as part of this
Agreement.. The term "contract&' as used in Attachment E shall apply to and mean the CONTRACTOR
who may be referred to in Attachment E as the "prime contractor", "bidder, "proposer, "prospective primary
participanf, "prospective pafticipant F j 9 participant IP or the like. The CONTRACTOR will perform the duties
and obligations of the other contracting party regardless of the description or label used in Form 1273,
Attachment E.
41.2 The CONTRACTOR shall comply with the Davis -Bacon wages rates to the extent applicable to the work
performed under this Agreement. The provisions of the Davis -Bacon Act do not apply to debris removal
work unless such work is done in conjunction with a construction project or Ilnkedm to a particular Federal
Highway. Wage rate tables may be found at http-,//www.dot.state.fl.us/construction/wage shtm, Said wage
rate tables are incorporated into and made part of this Agreement by reference.
ARTICLE 42 — BUY AMERICA REQUIREMENTS
The CONTPACTOR agrees to comply with the requirements of the Federal Buy Amehca law (See 23 U.S.C. 313,
ISTEA Sections 1041 (a) and 1048(a), as they may be amended from time to time) as they relate to Federal -aid
contracts and the use of steel and iron produced in the United States- A description of the requirements of Buy
America is set forth in Attac',ment - - F, which is attached hereto and 'incorporated by reference as part of this
Agreement. CONTRACTOR shall provide a certification statement regarding the origin of all materials or products
covered under the Buy America provisions and used in its performance of the Agreement in accordance with the
requirements of law and the AUTHORITY, FDOT, and IFEIVIA, to the extent applicable_
ARTICLE43 - DISADVANTAGED BUSINESS ENTERPRISES
43,1 This provision shall supplement Article 31 "Equal Business Oppoirtun4y Program" of the Agreement, The
Agreement is subject to the requirements of 49 CIFR Part 26. The CONTRACTOR shall not discriminate, on
the basis of race, color., national origin, or sex in the performance of the Agreement. The CONTRACTOR
shall carry out the applicable requirements of 49 CFR Part 26 in the award, and administration of this U.S.
DOT -assisted contract. Failure by the CONTRACTOR to carry out these requirements is a material breach
of Agreement, which may result in the termination of this Agreement or such other remedy as the
AUTHORITY deems appropriate, including but not limited to the withholding of payments- Each subcontract
the CONTRACTOR signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR
26.13). Upon request, the CONTRACTOR will provide the AUTHORITY with a copy of each subcontract it
enters into.
43.2 The CONTRACTOR is required to pay its subcontractors performing work related to this Agreement for
satisfactory performance of that work no later than thirty (30} days after the CONTRACTOR"s receipt of
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payment for that work from the AUTHORITY- The CONTRACTOR may not hold any retainage from its
subcontractors unless pursuant to an agreement approved by the AUTHORITY- The CONTRACTOR shall
return all retainage payments withheld within firty (30) days after the subcontractor's work has been
satisfactorily completed,
43.3 The CONTRACTOR shall, on a monthly basis, submit payment certifications, including a certification
regarding their truth and accuracy, for all payments it is seeking and certifications from all subcontractors
indicating who has been paid and how. The certifications shall comply with all Federal and State
requirements regarding the reporting of DBE participation. The CONTRACTOR shal[, if required by the
AUTHORITY or FDOT, report its DBE participation monthly on the Equal Opportunity Repealg Systerri
located on the Florida Depart.ment. of Transportation's (FDOT) website found at
wvvw.blpincwebapps.com/bizwebflorida/. Au6ts may be conducted to review payments to DBE
subcontractors. The CONTRACTOR will fully cooperate with the AUTHORITY, FDOT, or FERIA regarding
the monitoring of subcontractors and payrinents made -thereto.
ARTICLE 44 — CERTIFICATION REGARDING SUSPENSION AND DEBARMENT
441 This Agreement is a covered transaction for purposes of 49 CFR Past 29. Accordingly, the CONTRACTOR
shall verify that neither the ,CONTRACTOR, nor its principals, as defined at 49 CFR 29-995, or affiliates, as
def i ned at 49 CFI 29,905, are excl tided or disqualif led from participation in this Ag reement as defined at 49
CFP 29-940 and 29.945.
44.2 The CONTRACTOR agrees to comply with the requirements of 49 CFR 29, Subpart C throughout the term
of this Agreement, The CONTRACTOR must include the requirement to comply with 49 CFR 29, Subpart C
in a n y lower tier covered transaction it e nte rs; into. C 0 N T RAC TO R's ce rtifi cati a n i s a mated al representation
of fact relied upon by the AUTHORITY. If it is later determined that the CONTRACTOR knowingly rendered
an errc)neous certification, in addition to remedies available to the AUTHORITY, the State or Federal
government may pursue any available remedies, including but not Iimited to suspension and/or debarment,
The CONTRACTOR further agrees that it 411 include a provision requiring such compliance in all of its
subcontracts or lower tier covered transactions.
ARTICLE 45 — ACCESS TO RECORDS AND THEIR RETENTION
451 This provision shall supplement Article 26 of this Agreement, The CONTRACTOR shall maintain adequate
records to just4 all charges, expenses, and costs incurred in estimating and performing the Agreement for
at least five (5) 'years after completion or termination of this Agreement or FDOT's closure of an "emergency
event'` Frith the Florida Division of Emergency Management, whichever comes last, except in the event of
litigation or settlement of Clair
, ahsing frorn the performance of the Agreement, the CONTRACTOR agrees
to maintain said records until all litigation, claims, appeals ore ceptions related thereto have been resolved.
The records shall be maintained at a location in Palm Beach County, Florida or such other location in
Florida approved by the AUTHORITY.
45.2 The CONTRACTOR shall nnake all of its books, records, and other documents related, in any manner to its
or its subcontractors' performance of the Agreement, available to the AUTHORITY and any other funding
entity (e.g. FDOT, FEIVI& the Comptroller General of the U,S- or any of their authorized representatives) for
the purpose of examination., audit, reproduction, excerpts and transcripts, during normal business hours, at
the CONTRACTOR's place of business or if CONTRACTOR's place of business is not located in Palm
Beach County, then at the location for maintenance of records referenced above. The CONTRACTOR shall
also requ�re its subcontractors to make their books, records and documents available for examination, audit,
reproduction, excerpts, and transcripts, for the same duration and in the same manner, and at or near the
same locations required herein of CONTRACTOR,
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ARTICLE 46 - AUDIT REQUIREMENTS
This provision shall supplement Article 26 of this Agreement. The CONTRACTOR agrees that audits may be
undertaken of its records related to its performance of the Agreement as may be authorized or required under OMB
Circular A-1 33, as revised, The CONTRACTOR agrees that it will comply, execute any necessary documents and
fully cooperate With the AUTHORITY and any State andlor Federal funding agency(les), including but not limited to
FDOT, Florida's Auditor General, FEMA, or any of their authorized representatives, in any audit or monitoring
procedures or processes any such entity(les) may undertake related to CONTRACTOR's performance of the
Agreement. In order to properly and satisfactorily complete the audit, if any,
ARTICLE 47 - NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)
The CONTRACTOR shall cooperate with the AUTHORITY, FDOT, and FEMA so as to assure that all activities
related to the performance of this AgreeLment comply with the requirements of the National NEPA of 1969: as
amended, and the regulations and guidanc;e related thereto.
ARTICLE 48 - AMERICANS WITH DISABILITIES ACT
The CONTRACTOR does hereby represent and certify that it will comply with all the requirements of the Americans
with Disabilities Act of 1990 (42 USC 12102, et seq.), as it may be amendedi and all applicable impending
regulations of the U.S. DOT, FEMA, and other Federal -,aid agencies.
ARTICLE 49 - COMPLIANCE WITH TITLE VII, TITLE 'II, AND OTHER FEDERAL LAWS AND REGULATIONS
The CONTRACTOR does hereby represent and certify that it will comply with all the requirements imposed by Title
VI of the Civil R[ghts Act of 1964 and Title VI of the Civil Rights Act of 1968, as they have been and may be modified
from time to time (42 LJSC 2000d et. Seq. and 3601 et seq) and the Age Discrimination and Employment Act of 1967
and Section 303 of the Age Discrimination Act of 1975, as amended (42 LJSC 6102), and all applicable Federal laws
and regulations, policies, procedures, and directives of the U.S.-DOT, FEMA and/or other Federal -aid agencies, as
they may be promulgated and amended from time to time_
ARTICLE50 - CONVICT LABOR PROHIBITION
The CONTRACTOR does hereby represent and certify that it will comply with the convict labor prohibition in 23
U.S.C. 114. and all implementing regulations thereto.
ARTICLE 51 - CERTIFICATION REGARDING LOBBYING ACTIVITIES
A Bidder or Proposer for a n award of certain Federal -Aid contracts i n the amount. of $100,000 or more, must file the
certification required by 49 CFR Part 2. The CONTRACTOR confirms that by signing and submtfing a Bid or
Proposal for the work covered by this Agreement, it made the certification described in Section X1 of the Attachment
F herein.
ARTICLE 52 - DEPARTMENT OF HOMELAND SECURITY (DHS) SEAL, LOGO, AND FLAGS
The CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS
agency officials without specific FEMA pre -approval.
ARTICLE 53 - NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to the
AUTHORITY, CONTRACTOR, or any other party pertaining to any matter resulting from this Agreement.
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ARTICLE 54 — PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
The CONTRACTOR acknowledges that 31 U.S.0 Chapter 38 (Administrative Remedies for False Claims and
Statements) applies to the CONTRACTOR's actions pertaining to this Agreement.
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Agenda Item #4.
Docur Slgn Envelope ID'BAA9924A-B36S-44D4-95BB-4AAJB9E87ACFD
In Witness Iftereof ., AUTHORITY, and CONTRACTOR have made and executed this Agreement all as of the day
a n d year f 1 rst above wriften.
WITNESS-
2.
SOLIDI TE AUTHORITY OF PALM BEACH, COUNTY:
183 Y.
Daniel Pellawitz
Executive Director
APPROVED AS TO LEGAL SUFFICIENCY:
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By Falcon I I I ED5 03 ICU 32 CMXU
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Howard J. Falcon, III
General Counsel
ATTEST:
-3a'sm., 61&A-r
Corporate Secretary
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APPROVED AS TO TERMS AND CONDITIONS:
Signature
pk4v e e /Z
P�int Name
Title
PHILLIPS AND JORDAN, INC.:
A ulhodzed Signature
Morgan Pierce
Nnt Narne
President, Power
Title
4/18/2022
Date
ApprDved by h(horily Board on April 13, 2022, Item No.: 9. CA
Agreement No. 22-201C
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SCOPE OF WORK
1 . PROJECT DESCRIPTION AND REQUIREMENTS:
A. The AUTHORITY seeks COINTRACTOR to remove and lawfully dispose of disaster -generated
debris (other than hazardous materials and household putrescible garbage) from public
property and public rights -of -way, and to setup and operate Temporary Debris Management
Site(s) (TDMS) in Palm Beach County, Florida, immediately after a hurricane or over disaster.
B. The objective of this RFP and subsequent contracting activity is to secure the services of an
experienced CONTRACTOR who is capable of efficiently removing large volumes of
disaster -generated debris from a large area in a safe, timely and cost-effective manner and
lawfully disposing of all debris. CONTRACTOR must be capable of assembling, directing, and
managing a work force that can complete the debris management operations in 120 days or
less. The duration of effort1completion dates of all tasks wil-I be determined jointly by the
AUTHORITY and CONTRACTOR This determination will be set in writing in appropriate Task
Orders).
C. The CONTRACTOR shall perform all work in strict accordance with Federal Emergency
Management Agency (FEf A uidelines in order to maximize recovery of reimbursable
expenses. This task shall include the provision of audit quality documentation as required by
and accepta ble to F E MA for all work accom pi is Iced -
D, The CONTRACTOR may be required, at the AUTHORITY'S discretion, to, be under the
direction of an agent of the AUTHORITY.
E. While intended to cover debris management needs in any major disaster scenario,, the primary
focus is on the threat of hurricane damage to Palm Beach County, Florida. The planning
standards used for this project are based on the anticipated impacts of a named storm event or
major flood impacting Palm Beach County, Florida. The AUTHORITY intends to enter into
contingency Agreement(s) as further defined herein, to provide emergency debris removal and
disposal Services as required by the AUTHORITY.
2. INTRODUCTION:
A. The AUTHORITY'S disaster recovery planning includes considerations for removing and
processing the volumes and types of debris expected to be generated by a major disaster such
as a hurricane or major flood and includes procedures for disposIng of that debris. The
planning approach is formulated in part on the concept of strategic pre -positioning of plans and
resources necessary for timely, safe, coordinated recovery operations, including removal of
debris from public property and rights -of -way throughout Palm Beach County using a
combination of county, municipal, and CONTRACTOR forces.
B. If activation is required, the AUTHORITY intends to activate contracts on an as -needed basis
as solely determined by the AUTHORITY. The AUTHORITY intends to activate the
CONTRACTORS in the order of final ranking as best meets the needs of the AUTHORITY.
The AUTHORITY reserves the right in its sole and unfettered discretion, to assig nireassig n any
or all CONTRACTORS at any time as may be deemed appropriate depend g upon the
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circumstances}, the event, or any other condition which may warrant such action.
C. The AUTHORiTY envisions the need for four (4) CONTRACTORS to carry out the debris
removal and disposal work throughout Palm Beach County. The CONTRACTOR must have
the experience and capability to manage a major workforce with multiple subcontractors and to
cover the expenses associated with a major recovery operation prior to the initial AUTHORITY
payment and between subsequent payments, as well as the capacity to provide the necessary
bonds and insurance. The CONTRACTOR must also have an established management team,
an established network of resources to provide the necessary equipment and personnel,
comprehensive debris removal, volume reduction operations plan, and demonstrable
experience in major disaster recovery projects.
D. The Agreement(s) to be awarded under this RFP will be contingency Agreement(s) that will be
activated only in the face of an emergency. As such, no compensation will accrue to the
CONTRACTOR unless and until the Agreement is activated either in anticipation of a natural
d isaster or immed iately after s uch d isaste r.
E. The CO N TRACTOR who receives an Ag reeme rat for the work, it I be req u i red to partici pate in
certain AUTHORITY directed disaster recovery training and/or exercises, 1 to 2 days each
year, at no cost to the AUTHORITY.
F. The AUTHORITY does not guarantee a CONTRACTOR will be activated if awarded an
Agreement.
3. PLANNING STANDARD FOR DEBRIS REMOVAL AND DISPOSAL:
The AUTHORITYS goal is to complete the debris removal and disposal process in 120 days
following the storm event. This assumes that the entire area of the county will be accessible within
that pen'od. Due to the low elevation and potential for flooding, some areas might n-ot be accessible
for several weeks after a major natural disaster, The CONTRACTOR must be aware that it might
not be possible to initiate operations in all parts of the county simultaneously immediately after a
storm.
4. DEBRIS MANAGEMENT:
A. Planning for debris management operations is a function of the AUTHORITY as a supporting
agency to the Palm Beach County Department of Engineering and Public Works. The
AUTHORITY'S Emergency Management Coordinator will direct the debris removal and
disposal operations.
B. In addition to using AUTHORITY forces and equipment, the AUTHORITY intends to execute
four (4) debris removal and disposal Agreements on a contingency basis for the purpose of
having CONTRACTOR(S) immediately available and committed to assisting the AUTHORITY
in the aftermath of a major disaster. Each CONTRACTOR holding a debris removal and
disposal Agreement will serve as a General CONTRACTOR for the purpose of debris removal
and disposal operations and will be able to use his/her own and subcontractor resources to
meet the obligati.ons of the 'Agreement. It is anticipated, but not required, that the
CONTRACTOR will use both local and non -local subcontractors.
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C. When a major disaster occurs or is imminent, the AUTHORITY intends to contact the highest
two (2) or three (3) ranked CONTRACTORS holding debris removal and disposat Agreements
to advise them of the AUTHORITY'S intent to activate the Agreement(s), Debris removal will
generally be limited to debris in, upon, or brought to county residential private and public
streets and roads, rights -of -way, municipal properties and facilities, and other public sites this
includes debris from customers assessed for residential solid waste and recycling collection
services by the AUTHORITY). The CONTRACTOR will be responsible for determining the
method and manner of debris rerroval and lawful disposal operations. Disposal of debris will
be at AUTHORITY approved TDIVIS or landfill sites. The CONTRACTOR will be responsible for
the lawful disposal of all debris and debris -reduction by-products generated at all TDIVIS.
D. When a major disaster occurs or is Imminent, the AUTHORITY will initially send out an Alert to
the selected CONTFACTOR( S). This Alert will serve to activate the lines of communication
between the CONTRACTOR representatives and the AUTHORITY. Subsequently, the
AUTHORITY will Issue the first Task Order which will authorize the CONTRACTOR to send an
Operations Manager to the AUTHORITY within 24 hours of receiving such Task Order, to
begin planning for the operations and mobilizing the personnel and equipment as necessary to
perform the stipulated work. This first Task Order will also direct the CONTRACTOR to
execute the required Performance and Payment Bond. The CONTRACTOR should anticipate
receiving this first Task Order 24 to 72 hours before projected landfall of a hurricane or major
flood. Depending on the nature of the storm and circumstances, the AUTHORITY may activate
more than one (1) CONTRACTOR, CONTRACTOR(S) will -generally be activated in order of
final ranking.
E. Specific task orders will be issued to select CONTRACTORS based on the best interest of
Palm Beach County. The AUTHORITY reserves the right to assign work or task orders to
various CONTRACTORS based on capability- The AUTHORITY does not guarantee a cradle
to grave pking arrangement but reserves the right to pick and choose CONTRACTORS
based on ranking.
F. The general concept of debris removal operations includes multiple, scheduled passes of each
site, location, or right-of-way. This will allow residents to return to their properties and bdng
debris to the private and. public right-of-way as recovery progresses, The AUTHORITY will
prescribe the specific schedule to be used after ascertaining the scope and nature of the
disaster's impacts.
G, The AUTHORITY will make every effort to identify strategically located public and private
TDIVIS throughout the county prior to a natural disaster. Depending upon the severity of the
natural disaster, additional public and private TDMS will be identified as needed.
H. The CONTRACTOR will operate the public and private TDMS and only CONTRACTOR
vehicles and others specifically authorized by the AUTHORITY will be allowed to use the sites.
Only one (1) level of subcontractor will be allowed to operate the sites. There will be no multi -
tiered subcontractors (sub of a sub) allowed to operate TDMS_ The WNTRACTOR is
responsible for all activity at TDIVIS operated by their subcontractor and must have an
employee on site at all times to oversee daily operations. The locations of both publicly and
private1v owned sites currently under consideration are shown on Attachment B.
Additional public and privately owned TDMS may become available as plans develop. The
availability of both private and public TDIVIS may change during the term of the Agreement.
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1. The AUTHORITY may also establish designated homeowner drop-off sites on a public right -a-
way (PROW) for communities. The CONTRACTOR will be responsible for removing all eligible
debris from those approved designated locations at the direction of the Emergency
Management Coordinator or designee.
J. Curbs& segregation of debris and disaster -generated or related wastes will be an element of
the AUTHORITY'S disaster recovery program. The debris removal and disposal
CONTRACTOR will be required to aid in the segregation and waste stream management
processes. Any Household Hazardous Waste (HHW) encountered by the debris removal
CONTRACTOR is to be set aside. HHVV disposal will be the responsibility of the resident. The
AUTHORITY will designate HHW drop-off locations.
K. The fol lowing 11te rns are, considered H H W fo r the pu rpose of th is Ag reerne nt:
1. Used Oil
2 , B atte ries
3. Paint
4. Aerosol spray cans
5. Pesticides
6. Antifreeze
7. Fluorescent light bulbs
8, Propane tanks (household size)
L. The CONTRACTOR will setup a lined containment area and separate any HHW inadve
delivered to a TDMS.
M. Commercial and industrial hazardous waste such as chemicals, gas eon taloners' transformers,
and any other form of hazardous or toxic matter will be set aside for collection and disposal by
a Hazardous Materials Removal and Disposal Contractor who wIll be selected by the
AUTHORITY.
N. Putrescible residential garbage will be collected by AUTHORITY franchise waste haulers and
is not to be collected or transported by CONTRACTOR forces. The AUTHORITY may enter
into a separate emergency debris removal agreements with each franchise hauler to operate
their dedicated self -loading collection equ,ipvent within their Service Area for FEMA eligible
storm debris removal.
5* SCOPE OF WORKJOVERVIEW.1h
This section is divided Into three (3}subsections:
5.1 Debris Removal and Disposal Operations from residential public and private streets,
roads and rights -of -way and delivered to a TDIVIS designated by the Authority.
5.2 TDIII S Operations which includes daily operations as well as reclamation of the site to its
pre -storm condition or as directed by the AUTHORITY Emergency Management
Coordrnator
5.3 Processing, Loading and Hauling Material from TDIVIS to final destination.
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A. Specific work authorizations by the AUTHORITY will be through written Task Orders,
Task Orders will define the job to be accomplished, location of job, timeframe for
completion, rates to be used, etc. Any job with requirements or rates not covered by
this Pro,posal will be negotiated. The AUTHORITY reserves the right to extend
operations on a weekly basis. Task Orders will be executed bilaterally. Performance
will be by the metrics established in the Task Order(s). After 1/3 and again after 2/3 of
the stipulated number of days of work in the Task Order have elapsed, the
CONTRACTOR(S) shall provide written progress report to the AUTHORITY for review
and acceptance. The AUTHORITY shall have the right to correct for CONTRACTOR'S
default or underperformance by any means it deems in its best interest at the
CONTRACTOR'S expense.
B. The CONTRACTOR shall commence mobilization immediately upon receipt of the
mobilization Task Order meeting the following progress patterns: 48 hours- collection
activity within assigned Collection Service Area. Within ten (10) calendar days
CONTRACTOR shall have 100% of all necessary equipment operating within all
Collection Service Areas. This represents a minimum response schedule and does not
restrict an eaftr response. Subsequently, the AUTHORITY may issue additional Task
Orders to define more precisely the work to be accomplished or to authorize additional
work. The CONTRACTOR shall per�orm in accordance with each Task Order in all
designated Collection Service Areas established by the AUTHORITY. Each Task
Order will be uniquely and sequentially numbered.
C. The CONTRACTOR is authorized to collect debris during daylight hours, seven (7)
days per week -Any deviations from this schedule will require AUTHORITY approval.
D. The CONTRACTOR must be duly licensed to perform the work in accordance with the
State of Florida statutory requirements, The CONTRACTOR shall obtain all permits
necessary to complete the work. The CONTRACTOR shall be responsible for
determining what permits are necessary to perform under the Agreement. Copies of all
permits shall be submitted to the AUTHORITY's Director, Customer Information
Services prior to issuance of the first Task Order.
E. The quantity of work required to complete the Agreement resulted from this RFP is
estimated. The actual effort required may be more or less than the estimated amount
shown in the Proposal Form 3 - Price Proposal. Payment will be made at the unit rates
proposed. The output will be verified by the AUTHORITY's Director, Customer
Services in the daily operational report. Should hou rly rates be used to pay for certain
equipment other than preventative maintenance, not in excess of fifteen (15) minutes
in a normal, workday, will be paid at the regular hourly rate. Preventative maintenance
or down time resulting from equipment failure, routine maintenance and fueling that
exceeds fifteen (15) minutes will be considered unacceptable work and non-payment
of that time will be munded off to the half hour of all hours where delays occur.
Preventative maintenance is defined as the usual field maintenance to keep
equipment in operating condition without the use of extensive shop equipment. Fueling
of equipment will be considered as part of preventative maintenance.
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F The CONTRACTOR shall be responsible for correcting any notices of violations issued
as a result of the CONTRACTOR'S or any subcontracto(s actions or operations during
the performance of this Agreement. Corrections for any such violations shall be at no
additional cost to the AUTHORITY.
G, The CONTRACTOR shall conduct the work so as not to interfere with the disaster
response and recovery activities of federal, state or local governments or agencies, or
of any pubflic utilities or other private contractor,
H. The CONTRACTOR shall provide contact information for all key personnel to the
AUTHORITY that shall include name, phone number, cellular phone number and email
address. The CONTRACT -OR and its agents shall respond in a timely manner to all
AUTHORITY inquiries at all times.
6. DEBRIS REMOVAL AND DISPOSAL OPERATIONS
6.1 General.a
A. The purpose of this section is to define the requirements for debris removal and
disposal operations after any catastrophic disaster within Palm Beach County. The
AUTHORITY may designate zones for collectiori and disposal locations for debris
collected. CONTRACTORS will be tasked with a service area(s) for this specific work
immed i ately afte r the activation of the Ag reeme nt.
B. For work performed on a Time and Materials basis, all hourly equipment rates shall
include the cost of the maintenance, fuel, repairs, overhead, profit, insurance, and all
other costs associated with the equipment including labor and operator.
6.2 Services:
A. The CONTRACTOR shall provide equipment, operators, and laborers for debris
removal operations. The CONTRACTOR shall provide all labor and materials
necessary to fully operate and maintain (including fuel, oil, grease, and repairs) all
equipment under this Agreement.
R. All rates are to include the cost of protective clothing (to include hardhats and steel -
toed boots), fringe benefits, hand tools, supervision, transportation, lodging, meals,
and all other costs,
C. The work shall consist of clean' ng and removing disaster generated debris as directed
by the AUTHORITY Emergency Management Coordinator. CONTRACTOR shall
provide collection equipment the day following a natural disaster or as directed by the
AUTHORITY and shall provide equipment sufficient to collect a minimum of 50,000
cubic yards of debris per day within ten (10) calendar days of collection
commencement (Past AUTHORITY natural disaster cleanup records show that ten
(10) days' following disaster, 95,000-126,000 cubic yards of debris collected per day).
Fai lu re to p rovide sufficient eq u 1 pment necessa ry to collect requ ired amount may resu it
in the AUTHORITY entering into a separate agreement with another contractor for
collection services,
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6.2.1 Removal of Hazardous Leaning Trees and Hanging Limbs
a) Under this contract, work shall consist of all labor, equipment, fuel, and
miscellaneous costs necessary to remove all hazardous trees twelve inches
(12") or greater in diameter, measured three feet (3') from the base of the tree
or chest height and hanging limbs two inches (2") or greater in diameter
existing in private and public right-of-way. Further, debris generated from the
removal of hazardous trees and hanging limbs two inches (2") or greater
existing in private and public right-of-way will be placed at the public right-of-
way for removal as vegetative debris. Hazardous leaning trees less than
twelve inches (12") in diameter, measured three feet (') frown the base of the
tree or at chest height, will be flush cut, and placed on the public right-of-way
to be removed as vegetative debris, The AUTHORITY will not compensate the
CONTRACTOR for leaning trees less than twelve inches (12") in diameter on
a unit rate basis,
b) Removal and transportation of hazardous trees twelve inches (12'" or greater
in diameter and hanging limbs two inches (2") or greater in diameter existing in
private and public right-of-way will be performed as identified by the
AUTHORITY. All disaster specific eligibility guidelines regarding size and
diameter of leaning trees will be communicated to the CONTRACTOR, in
writing, by the AUTHORITY. In order for leaning or hazardous trees to be
removed and eligible for reimbursement, the tree must satisfy a minimum of
one (1) of the following requirements-,
1) The tree is leaning in excess of 300 degrees in a direction that poses an
immediate threat to public health, welfare, and safety,
ii) The tree is dead, twisted, or mangled as a direct result of the storrn and a
certified arborist can attest to the fact that the tree will die and potentially
create a falling hazard to the public.
6.2.2 Removal of Hazardous Stumps
a) Under this contract, work shall consist of all labor, equipment, fuel, and
miscellaneous costs necessary to remove all hazardous uprooted stumps 24
inches or greater in diarneter, measured 24 inches from the base of the tree
existing in private and public right-of-way. Further, debris generated from the
removal of uprooted stumps existing in private and public right-of-way will be
placed at the public right-of-way for removal as vegetative debris. Stumps
measured 24 inches from the base of the tree and less than 24 inches in
diameter will be considered normal vegetative debris and removed in
accordance with 3.1.2. The AUTHORITY will not compensate hazardous
stumps less than 24 inches in diameter on a unit rate basis and instead will be
considered normal vegetative debris, The diameter of stumps less than 24
inches will be converted into a cubic yardage volume based on the published
FEMA stump conversion table (In accordance with current FEMA public
assistan ce g u ideli nes) and re moved u nde r the terms and conditions of 2.6-2.
b) Removal and transportation of hazardous uprooted stumps existing in the
Agreement No. 22-201C -25-
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private and public right-of-way and private property will be performed as
identified by the AUTHORITY. All disaster specific eligibility guidelines
regarding size and diameter of hazardous stumps will be communicated to the
CONTRACTOR, in writing, by the AUTHORITY, In order for hazardous
stumps to be removed and eilgible for reimbursement, the stump must satisfy
the following requirement-
(i) Over 50% of the tree crown is damaged or broken and heartwood is
exposed,
�ii} Tree stumps that are not attached to the ground will be considered normal
vegetative debris and subject to removal under the terms and conditions
of 2.1. The cubic yard volume of the unattached stump will be based off
of the diameter conversion using the published FEMA stump conversion
table (In accordance with current FEMA public assistance guidelines).
The AUTHORITY or its representative will measure and certify all stumps
before removal.
6.2.3 Collection of Storm Generated Residential Vegetation and Construction and
Demolition Debris:
a) It is the AUTHORITY'S goal to ensure that Vegetation and
Construction /Demolition debris remain separate task orders for the collection
of Vegetation and Construction loads. Mixing of loads by the CONTRACTOR
at the road right of way will not be tolerated.
Work may include:
(i) First pass to clear debris from emergency evacuation routes, access
roads to critical facilities and all primary roadways.
(4) Clearing debris from residential private and public road right of ways.
(116) Loading the dleb�s.
(iv) Hauling the debris to an approved AUTHORITY TDMS or an authorized
private construction dernolition debris recycling facility or landfill.
(v) Dumping the debris at the TDMS or direct haul to an Authority permitted
approved private Construction and Demolition Debris (C&D) recycling
facility or Authority authorized landfill.
b) Debris delivered to a TDMS, private C&D recycling facility or authorized landfill
will be paid based on the per cubic yard price according to the Proposal Form
3 — Price Proposal,
6.2.4 Hourly Rate Clearing:
a) From 0-70 hours following a disaster CONTRACTOR, as designated by the
AUTHORITY,4 shall provide the clearing services on an hourly rate that shall
include the following:
(i) Clear debris from emergency evacuation routes, access roads to critical
facilities, and primary roadways,
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(iij Perform emergency removal of debris if needed for life-saving measures.
(iii) Conduct daily briefings with debris managers and other officials to update
progress and discuss issues.
(ivy Develop a traffic control plan along potential haul routes and at debris
management and disposal sites.
b) The CONTRACTOR shall not rove from one designated Col'Ilection Zone to
another area without prior approval from the AUTHORITY I s Director,
Customer Information Services or designee. CONTRACTORS and/or
subcontractors that more to adesignated Collection Service Area without prior
AUTHORITY approval may be terminated immediately. The AUTHORITY
reserves the right to relocate CONTRACTOR to other Collection Service
Areas based on need and ability to perform required work at an acceptable
level. The AUTHORITY reserves the right to immediately terminate
CONTRACTOR and any subcontractor who fails to provide service in strict
accordance with guidelines set forth by FERIA and the AUTHORITY.
c) The AUTHORITY or designee shall forward all claims of damage to the
CONTRACTOR daily. CONTRACTOR shall provide all contact information,
including name, phone number, cellular phone number, fax number and email
address, for personnel responsible for resolving all clairns. of damage.
CONTRACTOR must respond to all claims of damage within 24 'hours and
resolve within ten (10) calendar days. Mailboxes must be repaired or replaced
within two (2) calendar days. CONTRACTOR is responsible for all damage
caused by his crew and/or subcontractors in the performance of debris
removal.
d) In the event the CONTRACTOR fails to repair damages as a result of the
Contractor's equipment failure or negligence within the time provided in this
Agreement, the AUTHORITY or designee may arrange for the repairs and
assess the CONTRACTOR for the cost of the repairs and any applicable
administrative charges. Any disputes as to damage responsibility will be
presented to the Director, Customer Information: Services or designee for
review. The declsion of the Director, Customer Information Services or
designee will be final.
6.3 Equipment:
A. All trucks and equipment must be in compliance with all applicable federal, state, and
local rules and regulations. Trucks used to haul debris must be capable of rapidly
dumping their load without the assistance of other equipment, be equipped with a
tailgate that will effectively contain the debris during transport that will permit the trucks
to be filled to capacity. Cyclone fence may be used as temporary tailgates if they
comply with the following specifications:
1. Fencing must be permanently attached to one side of the truck bed.
2. After loading, the fencing must be tied to the other side of the truck bed at two
places with heavy gauge wire.
3, Fencing must extend to the bottom of the bed.
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4, After loading, bottom of fencing shall be tight against the bed of the truck and
secured at a minimum of two locations.
5. Solid imn metal bars must be secured to both sides of the fencing,
6, There shall be no hand loaded equipment allowed,
B. The AUTHORITY or designee shall complete certifications indicating the type of
vehicle, make and model, license plate number, equipment number, and measured
maximum volume, in cubic yards, of the load bed of each piece of equipment utilized
to haul debris. The measured vol urne of each piece of equipment shall be calculated
from actual internal physical measurement performed and certified by the
CONTRACTOR. Maximum volumes may be rounded up to the nearest cubic yard. The
reported measured maximum volume of any load bed shall be the same as shown on
the placards affixed to each piece of equipment. The AUTHORITY reserves the right to
re -measure trucks and trailers at any time to verify reported capacity. If a truck any
trailer are re -measured, and the yardage capacity is determined to be lower, the lower
yardage volume will be retroactive to the initial load and total volume adjusted
accordingly.
C. All trucks and trailers utilized in hauling debris shall be equipped with a tailgate that will
permit the vehicle to be leaded to capacity and effectively contain the debris on the
vehicle while hauling. If installed, all sideboard extensions must remain in place
throughout the operation, or the vehicle must be re -measured and remarked. All
extensions to the bed are subject to acceptance or rejection at the sole discretion of
the AUTHORITY or designee,
D. Trucks or equipment designated for use under this Agreement shall not be used for
any other work during working hours, The CONTRACTOR shall not solicit work from
private citizens or others to be performed in the designated Collection Service Area
during the period of this Agreement. Under no circumstance will the CONTRACTOR
mix debris hauled for others with debris hauled under this Agreement. Failure to
comply will result in no payment to CONTRACTOR and the operator and vehicle will
be declared in6gible to provide any aWfional emergency debris collection services.
Any and all unapproved changes to placard will result in, no payment to
CONTRACTOR and the operator and vehicle will be declared ineligible to perforrn any
additional emergency debris collection services.
6.4 Securing Debds
The CONTRACTOR shall be responsible for properly and adequately securing debris on
each piece of equipment utilized to haul debris. Prior to leaving the loading site, the
CONTRACTOR shall ensure that each load is secure and trimmed so that no debris
extends horizontally beyond the bed of the equipment in any direction. All loose debris
shall be reasonably compacted during loading and secured during transport. Tarps or
other coverings shall be provided by the CONTRACTOR to prevent materials from falling
or being blown from the bed. Loads not properly Carped or otherwise covered will not be
allowed to dispose at any AUTHORITY approved TDMS which may result in non-payment
to CONTRACTOR.
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6.5 Equ'l'pment S'igrya ge
Nor to commencing operations, the AUTHORITY or designee shall affix to each piece of
equipment, signs or markings indicating the Owner Operator's narne and a unique
equipment identification number. One sign shall be placed on each side of the equipment.
For those trucks, trailers and other equipment intended to haul debds, the maximum
Volume, in cubic yards, of the load bed shall also be shown. Each operator shall keep
AUTHORITY certification with them at all times. Placards must remain on both sides of
equipment.
6.6 Other Considerations
A. The CONTRACTOR shall assign and provide an Operations Manager (OM) to the
AUTHORITY TDMS to serve as the principal liaison between the AUTHORITY
Director, Customer Services or designee and the CONTRACTOR'S forces- The
assigned OM must be knowledgeable of all facets of the CONTRACTOR'S operations
and have authority in writing to commit the CONTRACTOR. The OM shall 'be on call
24 hours per day, seven (7) days per week and shall have electronic linkage capability
for transmitting and receiving relevant contractual information and make arrangements
for onsite accommodations. This linkage shall provide immediate contact. via cell
phone, Fax machine, and have Internet capabilities. The OM will participate in daily
meetings and disaster exercises, functioning as a source to provide essential element
information, The OM will report to the AUTHORITY Drector, Customer Services or
designee. This position will not require constant presence; rather the OM aril be
required to be physically capable of responding to the AUTHORITY Emergency
Management Coordinator within 30 minutes of notification.
B. The CONTRACTOR shall be responsible for control of pedestrian and vehicular traffic
in the work area. At a ml,nimum, one flag person should be posted at each approach to
the work area.
C, The CONTRACTOR, shall supervise and direct the work, using skilled labor and proper
equipment for all tasks. Safety of the CONTRACTOR'S personnel and equipment is
the responsibility of the CONTRACTOR. Additionally, the CONTRACTOR shall pay for
all materials, personnel, taxes, and fees necessary to perform under the terms of this
contract.
D. Payment for debris hauled will be based on the quantity of debris hauled in cubic
yards. Debris hauled to a TDMS will require a validated load ticket. Drivers will be
given an electronic load tickets at the loading site by an AUTHORITY loading site
monitor. The quantity of debris hauled Wil be estimated in cubic yards at the TDIMS by
an AUTHORITY TDMS monitor. The estimated quantity will be recorded on the
electronic load ticket. The AUTHORITY TDIIVIS monitor will retain one copy of the
paper load ticket and the driver will retain the remaining copies of the load ticket.
Deb being hauled to a permanent landfill will be paid based on cubic yards recorded
on an approved electronic or paper load ticket. Payment will be made against the
CONTRACIFOR'S invoice once site monitor and CONTRACTOR load tickets and/or
scale tickets match. Load tickets not properly completed and signed will not be paid,
.Ag ree me nt No. 22 - 201 C -29-
Page 205 of 524
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7. TEMPORARY DEBRIS MANAGEMENT SITES (TDMS) OPERATIONS
7.1 General
A. The purpose of this section is to define the requirements for TOMS Operations after
any catastrcphic disaster within Palm Beach County,
B. The CONTRACTOR shall use only TOMS designated by the AUTHORITY Emergency
Management Coordinator.
C. The TDMS foreman shall direct all vehicular traffic and load drop-off operations. Different
types of debris shall be kept in separate piles at the TDMS. At a rninimurn, one flag person
shall be posted at each TOMS for traffic control and to direct unmixed loads to proper location
(by debris type) to be offloaded. CONTRACTOR shall be responsibie for sorting and proper
placement of all loads not dumped In appropriate location which results in mixing the once
separated debris at no charge to the AUTHORITY-
D. The CONTRACTOR shall begin grinding vegetative debris within five (5) calendar
days of TDMS opening date and removing mulch/wood chips within ten (10) calendar
days of site opening date. It is very important your plan provides specific information
for the final disposal destination location of the mulch / wood chips removed from the
public or private TOT. The CONTRACTOR shall begin removal of Construction and
Demolitiontmixed debris from TDIVS to an approved final destination within five (5)
days of site opening date.
7.2 TDMS Services
7.2.1 Site Setup/Preparation and Site CloseoutlRestoration Site setup/preparation
and site closeouVrestoratrion shall be compensated on a time and materials basis
in accordance with the hourly rates provided in the Proposal Form 3 — Price
Proposal Site set-up/preparation/closeouVrestoration includes- clearing, stripping,
hauling, fill placement, eon structirig/deconstructing processing pads, limerock or
crushed concrete access roads, seeding, and any other similar activity necessary
to make the site usable for its intended purposes and to return the site to its
original condition. Do not include any materials in calculating the hourly rates in
the Proposal Form 3 - Price Proposal. Important- Phase I TDMS Reclamation is
included in the 2.0 cubic yard price. Phase I Reclamation requires the contractor to
remove all debris from the TDMS including small particles mixed with so l and
grading the entire area, The only site closeout cost will be removal of road base
material and seeding as approved by the Authority.
7.2.2 TDIVISOperations and Material Processing
a, TDMS operations and material processing shall be compensated in
accordance with the uni't prices provided in the Proposal Form 3 - Price
P 1. The CONTRACTOR shall provide equipment, operators, and
laborers for TDMS operations as specified by Task Order. Unit prices provided
in the Proposal Form 3 - Price Proposal, shall include all labor and materials
necessary to fully operate and maintain (including fuel, oil, grease, repairs,
operator, mobilization, demobilization, overhead, profit, lodging and insurance)
Agreement No. 22-201C -30-
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all equipment under this Agreement. Each Inspection Tower shall be equipped
with two (2) portable toilets. Toilets shall be provided immediately upon
completion of tower assembly. CONTRACTOR shall provide a water truck for
the purpose of applying to site surface to rninimize dust. The AUTHORITY
shall provide a front -load garbage container and collection service of the
container at each TDMS, CONTRACTOR shall be responsible for cleaning up
all, trash and litter generated on the site from daily operations and depositing
into the container for collection. The entrance roadway and surrounding area
within 1/2 mile of the site's entrance shall be cleaned daily by the
CONTRACTOR. All pre -storm identified sites shall be opened by the
CONTRACTOR within three (3) calendar days after receiving approval from
the AUTHORITY to operate the TDIVIS. Failure to open sites with proper
equipment and necessary personnel will result in liquidated damages of
$10,000 per day. All rates shall include the cost of protective clothing (to
include hard hats and steel -toed, boots), fringe benefits, hand tools,
supervision, transportation, lodging, meals, and any other costs. The work
shall consist of managing the operations of a TDMS and performing debris
reduction by air curtain incineration and/or grinding of storm generated debris
as directed by the AUTHORITY Emergency Management Coordinator
b, The AUTHORITY plans to use two types of TDMS.
1. Vegetative TDMS will be devoted to the reduction of clean woody
debris by either burning or grinding. The AUTHORITY expects the
material to be recycled and or beneficially re -used if processed by
grinding. It is important to provide a detailed plan on how this
material will be recycled or beneficially reused after grinding
reduction.
2. Depending upon the size and type of devastation the
AUTHORITY may require a separate Construction & Demolition
(C&D) staging area, mixed debris staging area and a separate
Household Hazardous Waste staging area, The AUTHORITY
requests that PROPOSER implements recycling and or reduction
programs to minimize the quantity of construction debris material
to be land filled.
c. Material coming into the Vegetative or C&D TDMS will be measured and paid
for by the cubic yard according to the Proposal Form 3 — Price Proposal.
Material removed and transported from a C&D TIDMS will be measured and
paid by the cubic yard according to the Proposal Form 3 — Price Proposal.
d. Locations of all TDMS will be approved by the AUTHORITY. The AUTHORITY
Emergency Management Coordinator must approve site improvements before
work begins and any costs, other than those in the Proposal Form 3 — Price
Pro osa1, that might have been negotiated under a Task Order shall be
documented for payment,
e. Material processed at a TDMS by either grinding or burning will be measured
using cubic yards from incoming load tickets. material entering a TDMS will be
Ag ree nn e n t N o. 22-201 C -31 -
Page 208 of 524
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deposited in manageable piles,
7.3 Reporting
The CONTRACTOR shall submit a report to the AUTHOR[TY Emergency Management
Coordinator or designee by close of business each day of the term of the Task Order.
Each report shall contain , at a minimum, the following information:
1. Contractor's Name
2, Contract Number
1 Da y and cumulative hours for each piece of equipment, if appropfiate
4. Dai ly and cu mutative hou rs for person nel, by position., if appropriate
5, Volumes of debris handled
Failure to provide audit quality information by 5:00 p.m. of the following day of operation
will subject CONTRACTOR to non-payment in each instance at the sole discretion of the
AUTHORITY.
7.4 Other Considerations
A. The CONTRACTOR shall supervise and direct the work, using skilled labor and proper
equipment for all tasks. Safety of the Contractor's personnel and equipment is the
responsibility of the CONTRACTOR, Additionally, the CONTRACTOR shall pay for all
materials, personnel, taxes, and fees necessary to perform under the terms of this
contract.
B. The CONTRACTOR shall be responsible for control of pedestrian and vehicular traffic
in the work area. In the event a TDMS must be closed due to CONTRACTOR
equipment or operational failures, CONTRACTOR shall be liable for liquidated
damages in the amount of $25,00L0.001 per day for every day the site has to rema]n
closed.
7.5 Debris Clearance (for access) from Right -of -Ways and Public Property
A. The AUTHORITY provides support to Palm Beach County Govemment for Debris
Management, including the clearance (moving debris from the middle i of the road, etc.)
of debris from right-cf- ways and public property. Palm Beach County intends to
perform debris clearance for access with its own forces or under existing contractual
Agreements between the County and local firms. However, in a significant disaster,
these resources may be insufficient to perform the clearance activities in a timely
manner.
B. This debris clearance is to be considered supplemental and optional service, It is
anticipated that debris clearance activities would be conducted, if needed, on a time
and material basis using the rates in the Provo aI Form 3 — Price Proposal.
Ag reem en t No. 22-201 C -32-
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8. PROCESSING, LOADING AND HAULING MATERIAL:
CONTRACTOR shall provide all necessary labor, material and equipment to process, load and
haul wood chips from TDIVIS in Palm Beach County to final destination for disposal.
CONTRACTOR shall provide all necessary labor, material and equipment to load and haul
construction and demolition debris and/or mixed debris from TDIVIS as directed by the
AUTHORITY. The AUTHORITY reserves the right to contract with other firms to process, load and
haul wood chips and construction and/or mixed debris to a final destination as may best meet the
needs of the AUTHORITY. All wood chips, construction and/or mixed debris shall be disposed of
in accordance with all Local, State of Florida and Federal guidelines.
CONTRACTOR will provide detailed listing to the AUTHORITY of the following-
1. Quantity (loads and cubic yards)
2. Owner information
3. Site where mulch / reduced yard waste material generated at TDIVIS is disposed, to include
add ress/GPS location.
4. AUTHORITY will determine final private or public Construction/Dernolition debris
4
disposai/reCyCling facility.
9. MISCELLANEOUS REQUIREMENTS
9.1 TDIVIIS Foreman
A. The TDIVIS foreman must be an employee of the CONTRACTOR and is responsible
for management of all operations of the site to include, traffic control, dumping
operations, segregation of debris, burning, grinding, and, safety.
B. The TDIVIS foreman will be responsible for monitoring and documenting equipment
and labor time and providing the daily operational report to the AUTHORITY Director,
Customer Services or designee.
9.2 TDIDS Night Foreman
A. The TDMS night foreman must be an employee of the CONTRACTOR and is
responsible for managing all night operations approved by the AUTHORITY.
B. The TDIVIS night foreman will be responsible for monitoring and documenting
equipment and labor time and providing the daily operational report to the
AUTHORITY Director, Customer Information Services or designee.
9.3 TDIVIIS Management Plan
A. Once the TDMS is identified by the AUTHORITY, the CONTRACTOR will provide a
Site Management Plan.
E3. Three (3) copies of the plan are required. The plan shall be d rawn to a scale of 1 50'
and address the following functions:
1 - Access to site
2. Site preparation -clearing, erosion control, and grading
3. T raff ic control proced u res
Agreement No - 22-201 C - 33-
Page 210 of 524
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EXHIBIT "APP
4. Safety
5Segregation: of debris
6, Location of ash disposal area, hazardous material containment area,
CONTRACTOR work area, and inspection tower
7. Location of incineration operations, grinding operation if required). Burning,
operations require a 100-foot clearance from the stockpile and a 1000-foot
clearance from structures.
8. Specific plan including and location for the final disposal destination of the
mulch/wood chips generated at the public or private TDMS.
9.4 Inspection Tower
The CONTRACTOR shall construct an inspection tower at each TDMS within three (3)
calendar days of natural disaster. The tower shall be constructed using pressure treated
wood or steel scaffold. The floor elevation of the tower shall be 10-feet above the existing
ground elevation. The floor area shall be a minimum 8' by 8 P , constructed of 2mx 8" joists,
16 11 O.C. with 3/4" plywood supported by a minimum of four 6" x 6" posts. A 4-foot high wall
constructed of 21t x 4" studs and 1/2 11 plywood shall protect the perimeter of the floor area.
The floor area shall be covered with a roof. The roof shall provide a minimum of 6'-6" of
headroorn below the suppW beams, Steps with a handrail shall provide access to the
tower. ilnspection towers must provide a dry area for employees and meet all FERIA and
OSHA requirements.
9.5 Grinding Operation
The CONTRACTOR shall have grinder(s) on site and in operation within five (5) calendar
days follo*ng a natural disaster. Failure to provide sufficient grinding capacity to
accommodate expected incoming volumes and allow site to operate in an efficient manner
within five (5) calendar days shall result in liquidated damages of $10,000 per day. There
shall be no period longer than 24 hours in which grinding activity may stop due to
equipment or operational failure. Failure to provide back-up equipment within 24 hours
shall result in liquidated damages of $2,000 per hour per approved hours of grinding
operation per day until gn4nding activity resumes.
9.6 Household Hazardous Waste Containment Area
The CONTRACTOR shall construct a hazardous material containment area at each
TDMS. The area shall be 30' x 30'. The perimeter shall be lined with hay bales and staked
in place. The area shall be lined with a heavy gage plastic to provide a waterproof barrier.
Additional plastic sufficient to cover the area is required to prevent rain from entering the
containment area. Site run-off must be redirected from the containment area by site
grading.
10. PERFORMANCE OF CONTRACTOR
A- It is the intent of this Agreement to ensure that the CONTRACTOR provides a timely quality
level of services, To this end, all complaints received by the Emergency Management
Coordinator or designee and reported to the CONIFIRACIFOR shall be promptly resolved
pursuant to the provisions of this Agreement.
Ag reernent No. 22-201 C -34-
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B. The Emergency Management Coordinator or designee may levy administrative charges for the
following infractions:
1. Failure to open pre -storm identified sites within three (3) calendar days of after being
tasked by the AUTHORITY liquidated damages of $10,000 per day for each day not
opened,
2. Closure of TDIVIS due to CONTRACTOR equipment or operational failures
liq u id ated d amages of $25,000 per day, for each day site must remai n closed.
C. Failure to provide back-up grinder(s) within 24 hours of equipment breakdown liquidated
damages of $2,000 per hour per approved grinding hours of operation per day.
D. CONTRACTOR may also be subject to non-payment and liquidated damages of $200 for each
occurrence of the following infractions:
1. Failure to provide audit quality information by 5.00 p.m. of the following day of
operation.
2. Loads not properly tarped or otherwise covered.
3. Mixing debris hauled from other sources with debris hauled under this Agreement.
4. Mixing vegetation debris with C & D, material.
E. CONTRACTOR maybe immediately terminated and not paid for the folio ring:
I. Collection of any non -eligible, non -AUTHORITY approved stumps or debds.
2. Moving to another designated Collection Service Area without prior AUTHORITY
approval.
3, Failure to provide service in accordance with guidelines set forth by FEMA and the
AUTHORITY.
4. Soliciting work from private citizens or others to be p0ormed in the designated
Collection Service Area during the period of this Agreement.
5. Alteration of placards placed on ceffled trucks and/or trailers.
Any disputes regarding Performance of Contractor will be presented to the Emergency Management
Coordinator or designee for review. The Emergency Management Coordinator or designee shall complete
review and make determination within three (3) calendar days. Decisions of the Emergency Management
Coordinator or designee steal) be final.
Agreement No. 22-201C
Page 212 of 524
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i
.� Pry d �� ! �r��r �l7iin'�
'�','
�
' ��
n� from TCJ� a � � facility �r
Page 213 of 524
Agi pc-�gFpli3t4eA9924A-B385-44D4-95B8-4AAB9E87ACFD
; * A11 'I 10 !8'jj
A
PROPOSAL FORM 3 - PRICE PROPOSAL
PART B - HOURLY RATES
MM$ SE T -U P AN D C LOSURE AN 0 0 E BR IS CL;EARANC E
F a R AC C ESq - OPTMAL USE BY C OUN TY AND ON ER GOVE RNM EN TAL ENTITIE S
EQUIPMFENT AND LAaoR RATES
Eo(jjp*ENT TYPE
H(AJRLY
ECKJWMENT
RATE
HOURLY
LABOR
RATE
TOTAL
HOURLY
RATE
Bobcal Loader
46.31
50 21
96-52
Crew Fo(eman v C40 Phone and Pickup
13.19
63.60
7679
Dozer Tracked. 05 or simdar
54.45
50.21
104.66
Dozer. TradwcL D6 o( similar
81 39
50-21
131.60
Dozer. Trued,.D7 or:51rrular
11588
50-21
166.M
Dozer. Twked, D6 or simdar
14556
150.21
19577
Dump Truck, 18 CY-20 CY
54.88
41.84
96-72
Dump Truck, 21CY-30 CY
62.9,2
41.84
104-76
Generalor and Loghting
11 69
N)A
1169
Grader wi 12' Blade
05,50
50-21
13571
Hydraubc Excavator. 1.5 CY
6761
50.21
11782
Ftydraubc Excavatof, 2 5 CY
9813
50.21
14834
Knuckleboom Loader
17525
5021
22546
Laborer wj'Chain Saw
425
42.17
46.42
Laborer w) srr4l tco4s. traffic contol. flag person
11 50.
33.48
44.911
LoM)oy TrapWr V Ttactx
85 "
41.84
127.28
Operatms ManaW w/ Cell Phone and P6up
13 19
108.80
12199
Pickup Truck. 5 Ton
13 19
NVA
13.19
Sol Compactor 81 H P+
60 19
50,21
11040
$oil Dxnpactor to 80 HP
53.00
50.21
10321
it Compa*r- To Unit
51 88
50.21
102 G9
Truck. Fiatbed
32519
41.84
7443
Tub fir.800 to I MO HP
52357
50.21
57378
Water Tnrk
6713
41 84
10897
'del Loader, 2 5 CY, W or sirrilar
7145
50621
121 66
Wheel Loader. 3.5-4.0 CY. 966 or stmilar
1366.8
50.21
18709
Wheal Loader, 4.5 CY.. %0 or sirilar
14900
50.21
190,21
Wheel Loaider-Back hoe, 1 C� 1 .5 C Y
55 13
50.21
10634
Other - Pluse Lis t
Attach addbonal sheLet wfth equipmm type aW safes. ff needed
RFP No 22-20 1,01- 14, Jare uar�2022
Agreement No - 22-201 C -37-
Page 214 of 524
Page 214 of 524
AWjh'Efi61#4AA9924A-B365-44D4-956B-4AAB9E87ArFD
- I'0 0A It c a N H"W
PROPOSAL FORM 3 - PRICE PROPOSAL
PART C - UNIT COST SCHEDULE
ITEM HAzARocitis STum P RE M OVA L. HAUL I N G, AN D DI SP 0 SA L
UkIT
UNIT
COST
1 24-inch dLameter to 48-99-in& diarretim
Stump
450.00
2 49-inch diameter and greater
Stu rnp
675.00
3 Stump Fill Drt - Fill dO for stump holes after re mva I
c Y
25.00
HAZAMOUS HANGING UMBS (HANGER% AND HAWNG
To include remval of ail hanging limbs.
Limbs to be ait and P604oW on ft nght of way for colleam as vegetative debrm-
4. 2-rKh dameter aM grWer
Tf ee
1110.00
H AZAR D ous TREE RE N 0VA L. AN D H.Aij LING
Trm to be 9ush aA at gurt-c! level -and pla� on the ng ht of way for removal as vaplahve debns.
5 6 -inch dia Rvter to t 2-Mrch dia metef
Tree
100. 00
6 13-mch diameter to 24 99-inch diamelef
TT"
200.00
7 25-inch dometer to 48.99-ffKh darneter
Tree
375-00
8 49-inch diameter and greater
Tree
525M
NOTE:
The following is 'Informiabon only and wdl NOT be cmidered i n the evailuaton of this R F P
The AUTHORITY ryes the irgM to use thts tetrad to, handle wnall quanti1ies of debris
mmval
and as support tor our
Franchme Con tracts as needed, Bebw a a dal rate to remove de" The AUTHOR I TY WI
M for the dig*saill cost- The re
is no mquirenvirt to proWe a r ale, however I you do, we ex Pect your many to how this sal
ser** and respond within
48 hogs al the rate below
COLLECTION SERVICE ON�Y
EQUIPMEW DAILY RATiE
Knc*lleboom Loader and C
Bator
Page 215 of 524
AgpcGlok#gMdW9924A-E33C)5.44D4.95BI3-4AAB!gE87ACFD
ATTACHMENT "A"
SOLID WASTE AUTHORITY
OF PALM BEACH COUNTY
7501 North Jog Road
West Palm Beach, Florida 33412
Telephone: 561-640-4000 o Fax: 561-640-3400
TASK ORDER
DiSAS TER DEBRIS MANAGEMENT
TO
Task Order No.
In accordance with (Contractor) contract, with the Solid Waste Authodty of
PBC, Florida, (AUTHORITY) Agreement No. for Hurricane/Disaster Debris Removal,
Reduclion, and Disposal dated the AUTHORITY hereby requests and authorizes the
services to be performed on the project as described below:
Project:
S pe c ifi c Work to be performied:
Duration of Work (Include Start Date, E n d Date and Total Calendar Days):
Method of Payment -
Estimated Cost of this Task Order:
Contractor Signature -
AUTHORITY Signature:
SVVA Requestor/Monitor:
SWA Dept. Director:
Vendor No.:
Purchasing:
Agreement No. 22-201 C
SWA Use
Account No,,
Budget.
MR
Date:
Date:
Date:
Date,
Project:
Accounting-.
Page 216 of 524
A&IpcnMkArl@bC 1C}T8APi9924A-B365-44D4-95B8-4RAB9E87ACFp
Main'
dommmompoRmp
SWA DEBTS SITES
SWA Sen"AL"
Agreement N o. 2 2-201 C
ATTACHMENT "B"
Indfantown FWJJP4.op
4
jil %
L4
Dypr 7k I
aver ill Rd,
0
I -1011E
V Palm E
kM -u Okee&obee BNd
itate Road 80 ch
KIN 6 aN*-mmmmwo 1
d
d
01 2-&
Lantana Rd
0
Oo -ion Mac'
C(- 9V Adii
W Union Bivd
Sy
0 (in 4
�a tic
W Yamato Rd —
Gladies Rd
'RdjrMMJ3 Pal k Rd
Cof a I S pF4 rig5 0 2 4 8
0 1 1 L
F i i i i i I Miles
MR
Page 217 of 524
AgqR &qptT:rAo-19924A-
ATTACHMENT 66U1
PUBLIC ASSISTANCE PROGRAM AND
POLICY GUIDE
The Public Asslistan-ce Program and Policy Guide, Version 4, Effective June 1, 2020 (see hyperlink below) is
the most recent reference material that Will provide additional information:
https:liwww.fema.govisites/defaulVfiles/d,ocuments/fema pap pg-y4-updated-links policy-_ -6-1-2020.pdf
PROJECT MANAGEMENT
Project management begins when a disaster occurs and does not end until an applicant has received final payment
for the project. Good project management ensures successful recovery from the disaster, expedited payment of
funds, and more efficient close-outs of PA Program grants.
Record Keeping
It is critical that the applicant establish and maintain accurate records of events and expenditures related to disaster
recovery work. The information required for documentation describes the "who, what, when, where, why, and how
muchm for each item of disaster recovery work. The applicant should have a financial and record keeping system in
place that can be used to track these elements. The importance of maint.4ning a complete and accurate set of
records for each project cannot be over -emphasized. Good documentation facilitates the project formulation,
validation, approval, and funding processes.
All of the documentation pertaining to a project should be filed with the corresponding PW and maintained by the
applicant as the permanent record of the project. These records become the basis for verification of the accuracy of
project cost estimates during validation of small projects, reconciliation of costs for large projects, and audits.
Applicants should begin the record keeping process before a disaster is declared by the President. To ensure that
work performed both before and after a disaster declaration is well documented, potential applicants should:
des ig nate a person to coo rd n ate the compilation and filing of records;
establish a file for each site where work has been or will be performed: and
maintain accurate disbursement and accounting records to document the work performed and the costs
incurred,
The Federal Office of Management and Budget requires grant recipients to maintain financial and program records
on file for three years following final payment. Records of grant recipients may be subject to the provisions of the
Single Audit Act, as described on page 117 of this guide. Applicants may refer to the Applicant Handbook, FEMA
323, for additional information regard! ng record-keepi ng.
Agreement No. 22-201C -41 -
Page 218 of 524
Ag OC G bk4 W, U#8A149924A-835 5.44 D4.958 B -0AA B 9 E 87'R C F D
CONTRAC
MiDbilizaboi
Within
Within
Within
Within
Within
Within
Within
Within
Agreement
Page 219 of 524
Agpcn;k#gplJW9924A-B36&44D4-95BB-4AAB9E87ACIzD
ATTACHMENT "E"
FHWA-1273
REOURM CST PROASKWIS
FEDERAL -AID CONSTIRMTKIN CAI
Nor
AL
fr.
V.
IFIVemOillmis
. or ASOJ"'We Congmt
Pmo*cw
- ' - �y��
m at Air Act md F Wd
X C"-npLwwe MM Gammmrotwhir SLmpmwJm mid
DebarrmriR
XL OvUkMan Regan" We of COVWFItir
aSFVVINOMeW
IOW" 315001 or WWW LOW
RcadQX*&U(Wi
i mm rmwuni not be PWP6&Qft In
RrNMrrr 23
=Gate Sawy 1 at &tft �
JGF A eam
anOmpxzLedby marleT"rrtor a" PO&QSe
aria. rt of agwvemwt IN Grp. pw
1
form FMA- its be MMd In all
I =*aCb, kn al aW I7 IMM 29f
teckm2niq SwbCQv-3C% off
pu s =1 agreemmiE 3rd c4w agreemmenk Rw
agpm cw w1 � Tre der<kjn-bt&der &TLA be RN4KrN2AE
tq .any u9mirdracbr. t w+er r
or Servos pmwkw,
CaMadg2qWmW6" CFO F "WArI27,3In W
PON Ot WOOSt fr PWOMM dWAFne"W, ram,
. FMWIM UKW ti-1,
In i0Omer-Off
trig p mho OFdeM M"
mnoudw �
am am II* ammomm 4w ugxtm omw re ma's
110 0 ml pedbonea cm tiv
by plemmuM, sUbm woM GF
-4-
I A MOM Cff Wy Cf UM SkNOWnro' WdM %Me
Fb-b�,0provmmmmw bewron�wdf
of pmgnma paVmwrix. solliftwior
paymark or we COCINFAM I I I d9bmmenI
ored1Dtper
cardramirmg agency acid A-
' w wily popose
IN or a on a
It ks QbOr pwMffnM by CMVM oft anion
ay does nog InMoe m
KnM TOWS Or Mr3I nor
4' 00 section MOM 1m 23 CFR Pad 230 awe
Oval Fe.�ra ami h7 all
of$1 Effn . TIme
11 0123 CM Part 2-� ron affWaWW rem
or amrmpakirm fierofte = 6 aft -
in
2S� CFR 1 . T9* 23 USC SmOm UG.
WKAmVq 49CFHP"21.26"- 27. aM23 CFR
parts2M. 230. aW 633
ar and ail LLmxxwmrwinm rumt cmnft maL ME
w"miwft d ow EquW Offmboft Cimme b 41 CFR SW
1- I Nut 1N ail g $110,am,
Sw Stares FeO" F
jf-
COWWU In11C SpecmAbm inA.1 R1 3_
tt&- Omparmw1:atLabwhme we A1111110iffy to
"fit ftmcLlmw Ulif 1 1 am
p of OW some"a LJON .41 6a, aid 29
CM i i _ The ra h a* and Ve FHNA h"e
m aAvwq am !tee rrsmuft Ua e� wrm
am" M LASC 794 k, and Me %I Wb 1! MW Ad CC
IM4,, a* mmmvftd, " mLAL-d -
FkaiU 21. 26 amd 27, and 23 CFR PaU 201X 230. aW 63L
23CIFR230.APPWAft
w) aM FFEp" I aM
I& aw 10 rlAe
� n e
CFR29 16M. 29 C:FR 16117. At CFR 60 and 49 CFR 27)
am mom a tne � air as Wa2ma by 1e
prvr ire pmeswoed WAWL ano pL%MLWg to 23
, , , 140 shaluWWOMV*E aM
at""Mir
Page 220 of 524
Ajj9Q04#gpjCW9924A-13 W544 D4-9 5 El B-4AAE3 9 E 8 7AC F ❑
thae oonb-ad- Thee pfcnriswm of the AnwWam vAth Dias rli s
Acl of t 9M (42 U.S.C. 12101 al ) so be urKW
35 and 29 CFR 1630 am wed by ref erencs in Oft
cwtrad In the executKm of NS canbut the contractor
agr"s to comply ".ill. the ltk g rnMr n spcGifi
r Arernent actrvdws of EEO:
SL The A I walk with arc agency and
brie FC&4* GOMMeM to ensue tW ht has made eviery
gDod faith ~ to prc"* t oppmUmity wrth raped to atl
of ris terms and condillms of err "j'Wit aM in Omw r R
of acirmbes wodef tyre Cori act
b. The Contractor • I accept as ds operalrr-wg pa4cy d-w
ka:r"11 stg&rent
- It is 11* policy of this Company Ire acre that aWhcants
am om;", and that enooyees are
Wit. wdhout re rd io tt r rye, nftir n t ,Wor
n~al oNiin VC or ctr b+lrtSUO tali .
o-inp;oyTneritupgrading 6mrotw. or trwwk reamitrent of
rtauorpem ad werbsing layoff or lermraiti rahn of page or
f fps of 'Pe'nsat , aM St*<ftn .
ckxb apprenttceshio. pre- , s or on-the-
.-
2. EEOOfficer: The owftkAzir wo deidWrrarteard rare
kno ,n to the owe aMcft ollk m is an EEO Offkx-r who val l have
t1 re5 r C�+lrtj for w,4 muM be capWa *f ai
adm4nIStenng and ptuioling an achve EEO wogfam a w,,
must be 9rio-ad a6equate air and "mporwWrly to do
so
3. aissemi nation of Policy, All nvwnbom of ft cw*actoirs
staff are auftdzed to hire, sae. prtx r , and
chscharge ems, or °Aft mowwn&W such soom or'
are substarMMy mvolved in such ac#F a wM be made Uty
cogni and of, wW v l implerr*nt the awWacWs E E40poky
acid contradual resp nsal iitr to p1�rr EEG in eachgrade
and dassiFicabw of a i OarrenL To ensue that the aboye
agreernem will be rr , dw foMy actons ° .ilk be t* n as a
e. Porkdr, meetings of vLpervq4ry and penKwel. c�llica
errMpkry 1,011 be oorud ted beRn tip VLMI of work wW ttw
not kmm dten lhan o ae%vcjf stx rrrmRhs, at ., hwh Wne�+e
cant aftes EEO poitcy ar+d its gnokowtatmn +call be
and es rr i The mwe" -mll be rr by
ft EEO Offxw
b Xi ne-° supervaory of p+emomal ogre a nplo s . 41 be
grven a vouo Noelvirlaw by the EEO dicer.. wvwvQ
aril mW aspeft of the caintradnes EEO obiptiorm +ghin
ftrty d fokw*%; thW "po" for duty vMh w*adw
m AN powmW who so NV*pd ift d0wt mzrL*r i* for
the pry wo be ksbudW by to EEO Oftw in the
conb-~$ pvomkm for Kc� and NwV mmai yes ar�d
%%omen
d lyr otrt poS[ers senmq tortF% the tT a,::,I ar's EEO
po icy %-,ill be p aced in areas re I'y aMeSS ble tO "o°
aMicarrts for pl+c4flnent wW p el;t a er,'.,p4oy'ees
e. The cartractoes EEO poky and the pro ctor to
irrtplenxnt sum poficy eoll be brougM to the attenwn d
emp�oy reams of rneettrwp, emokpliiie handbooks, or
other a=P"ale new
_44_
4. RecruiftTwirwt ~ bageftrg W emooye , the
r ntraCUK "mill wChXM in amto tX wTVkq*&S !11e
r liw- -Are Equal OpxnUiritr der ' Ail wO
adv edilsements 41 be lid in pt ho•m hayrg a arge
cerwIstion wriong MkX40ft wW worw in the area ftw
=%ihch the prcyec# fwe wcU d ro P ally be derived
a The vx*actormil. mess pFK*Xbd b'yf a ,rare
tsarqairwng agreement_ corKW syshwWK end Orec9
r ui!mevA ttvo+ugb puh+oc and prime empoyee reterr&
sources 4e4yr to ld lfed mires and wonw To
meet thps regru[r!emerit. the orifl kfentdY cif
potentwA iminiourty glroW errpkqws- arwJ estaWish va M S h
:&-ntfied wKxc&s procedures 4weby nwxMand ° *rnen
app'i c is may be referred l o the for for WVi'rr� t
consddleration
b In the .avant caratr or haS a valid bwgajnmg
agmem l prcvdrg far effusive Wng hall Feferrals. Rt+e
^wtfacW is e xpMed to ogre the pro wmx�ns of tbal
aYM Ment to the eKWA IhWI ft!5Y5tVn r'r its ft C(lintra001"s
=mpUance AO EEO o nuad pmwisgm Where
wiVOwnentatim of such an ,agreer+ has the effect of
p erV mirioctwes or e.nmen, or o0qates the
contractor to do the sarrtie° such rnpk Tien n YxOtes
federal ri"Kisakniir6lm Wvvmbn
r.. TM owAradix A erKooap in prewtwvWbymlo
raw ftm' I 'Mrnen in kw errtpkqrnent
rft rrw6wt Id pmc9&m °v 1 isp to rfemrg t
5- P+erworrrrrel Actkzins. Wars. -Aokwg cordWs, and
employee benetrls sell be ellg&WOW aM atlmrrrst ed, and
personnel ins of eVVY VMf . "9ra-dMng
promotion. transfer, demokirL WAR and Termination. smell be
taken .MthoLA real to Me, oNor rebgrQn, sex, natKorW
origin, age or dsabdity. The **3,wrq procedwees shad
a. The 00rrt a= will ONWW PWKXk 01 PMW
do r 0-9feW dtXYM &Wyr Irec-&nO rl 01 pry Sft
pelmortreel.
b The ocmtrWor ° IP perm3ftely "ua le Ihe spread of
wagvs paid •Mthrn each claim to dettrmrne any
evi4ence of d svwmr.atory wad prawrtwAs.
c. The 0w*actof -e dl perodscaRy reoe} i� se4ecAed perjonr iN
acbom in de0h to deternirw ,Axgher here is Of
matron Whem ew*nioa is - the r SAilt
prcrr�.ptly� take Re# I',�C am if the mwwv indicates that 4h°re
disenrnir'.at may- extend beyond ft errs revke', d h
corrective adxn shall vickx* all afected p~ersms
d. The conbwtor will promptly investig.We ag cOmplairrts of
alb ckaiMWOon made to the contra dor to conneclion
Ailh ft ob4glekwo ulmcW this oontract .%il I a#t mpt to read ve
w.Kh co+r oawft SW �will take appropnate comVctye aIctoo
vMhin a nmoonable'tilrrie. If the Mvesligatim indicates thM the
dboirnewthon may at7ct persons other &w the cornpdainard,
uxh owwvie acwn s Il illt b w&t orw persws. Upon
Mn~ of each in vestigatico. be wrttraiclor •mill wrrfcwm
&my giant of all of their averum of alai
S. Training and leromot ort,
ai The ow aclor `mil first in llcCalft. qualAying and
en slag the skiffs of numiribes and women -e t* are
Page 221 of 524
AgqR44AftWI#4�9924A-B365-F4D.4-95BB-4AAB9E87ACFD
fir �+np or current empkqeft Su& efforts
be arned at develkVing hdI lournicy tee sus
+emplo in Its tie of trade or job classrfcabw it
b, Merit Ath," cuntrscWs"work fore requinls
and as urd er Fed+efW and ate regulatogs. Me
cwtr tcir soh make frul use of training pmgrwm l e
apprenbm"_OW and oomwpo wrmv pnograrras kw tJ
geographmall ava .of owNict perfamiarsoc In the &YeM
specW pnoviiigion for h iW ire m provided under this corms.#,
00 be superseded as *Kkated in the
spec.W pvvh�on The M*echng MpMy may reServe
in aooard*rvmU. - 1404aY
c. The contractor win adVLse employees artd appl scants lx
ernpkrprort of avadaNe trainiN proorantis a entirave
MoAwnents for eso
d. Tho Cr*M&" ` 411[ peci+adhc311+ rev VW #ram &W
prom lion POW" Of ass ]+' arts n*Kdbn arW
R .and wid vx*~ ells wnpk"es to apply for
such training and prawn 0m.
T: Unions_ if they corbafty refts in whaW Orin W upon
unkiris as a source of ernipbyma, e'er wil I ume good
fad efforts to obtain the oo ralban of soh tames to
ir+crease a stun %r and warnen Ad s ty
the for. e&w directty or 09augh a or`s
assoctOw scbrg as agwilt wd dude ft pfacedures set
fWh below
a The crar ill ungaiadfiliM efforts to deep, m
coo ~ w1h ft urkm prit TarAN pfWamis awned
in ft trriocrs and napseaft ft sidlis of re ties and women
so that fty may qualliiify, ter hVW pwyvg emp"ent
o The cwr '411 use gocid NO eft lo inowWate w
EEC clause Fnio cooli union Weemeiv to the end ftt such
urwoo ,wiil be tonMoMmNy bowW to Wer apalicw s vAhout
reed to 1twir rwe, cokes, aM1 sex, rnaticial `amain, age or
dis.abdrt_M
c The c ntrador is to obtah I l ti lorl as to
pr acti ces and Mi cres of ft labor wkiin eve OW to 'die
extent such anTamaixx"~ is whirr the exduslre pmsiessw of
ft latxr union and sum labor UWn rues• to furmish VXh
enfounaW to 1he coritnwtof. ft Mlmdoi shal' so ceirtify to
ft eonuacfirV any and shah set bM what e foils haroe
bW rr We tc obtanrrn such rform orn-
d In the ev mt a* union rs ucmNe to proy6e Ow cwtracta
'nth a rearsnr?, &t flo%s of refs 'm1W t forth
in ttl'r* VOOCtivt irqai niN anVeenVM ft Q01 dA K$Q1 WR
ft0tigh independem recruitment Blom, 9 ft
vrauargfts .Jt4h Ld regard tO ram CCW. 1 seq.. national
to pi #Ar nt refefrM feve n th h it is dWgated to
provift wodka.N* mk-rws urn Tine ternvs of a cxAle4cirve
barg[mraV ant) s not rew%* the oontraclor from ft
reWrern c0tillik paragraph. In ft ewenl the tem referral
pra+ctce pry . connallor incur meetng t#v ot*qabons
pursuwt to Execurtr,re Order 11248. as wnend,--d, a a
spec4 tm'd - such con[Tadw shall irrr)edaately rKAOy
contraolhrig agency-
S. Reasonable Accommodation for Applmants I
Employes with Drsabdibns: the contractor Must to family c
FP No -1 IDL
--
--mh the mqdrerrmnits, for and may° ' th X
and :all rules and mgUahws ez461IiiW*d Mm
urdV Emobym ivitio pimviide gable accin v wdifton 4n
.all actwines ur ess to deg so souk MM an
undue hard .
9, Selection of Subcontractom Now avau 04 Materlal3
iced Lw+Wng of Egtripnvmt: The cionbmackv shall nal
dis h+hate an the grounds of race. oft, ram, ftx.
national x4n, or QF dmabtirty in mkicOm and roent on
of suDcontractars. 4ndwiiing proeWemerit of materials and
leases or equipe'rrent The owm-actor shall take ail neceswy
and reasonaNe steps to ensure rcindilserrwobon in the
adiinkisiftfion of the contract
a The convaeW shd nor all 9MwAW wAmOnc and
suppiws and llmscrs of eir EEO oNgnown urKW this
tetrad
b. The Wftaftr M11 good f2iCh 070oU to allure
subcontractor cargAWricievvilh ther EEO obligabons
10. A ssut a rice Requi rod by 49 C FIR A1 31(b):
a. Tt@ requirements of 49 C R Pact 26 and tt* State
fis U SDOT-approved DBE proWam am wxxvpxte�d h.�.
refereroe
b, The contractor oirsubwnwWo sNW not irnate o
ft baw of race, ookv. nab" a%lilin. w w in t
pelommrce cf Oft oor*w. The rb r ±l wlt Carr' oLd
ap kaWe reqLvrwnerb of 49 CFR Part 26 in ft awarid and
adminilstit>on d I T-assmted contracts, Fate by the
contscW to ciarry ail thew renumnoerft is a ma eriai bra
of t* corob , Aftch may resutl in ttv tnerfnnr of
caarttraet or such other rely as the cWrxtung
deem sate.
11. ftee ords and Reports: The contractor shall keep such
records as rreaessary to dDe rnerri compWrice'eAM ate EEO
Fe-quirearnents Such reonrds shall to mtarwd fo€ a period of
eer Years fcrlkM*Q they date of the 119nad Payment to the
conbsctoir for all ox*W work wW shall be avac,ablle alill
reasonable *nn wd pliam for
re+pres,entatrw of ft om*adirig agency ar FhWA..
a T nerds kept by ft owitractof shall docent the
f ul,a .Inng.
(I °i The nurniber and wm* hogs of miruft and non-
nulwity
group mambers xW wwi@n enrpkopild in each mrk
rilannificafia onthepfofed
() The press and efforts becg made ri omperaton
Yoh unbm, when, applfc de, to in:raa5e ampOWont
opportunrties far ro utes " W orrw and
+` 31 The progm ss and ffffixts belt Ma * N n Ou�, h1fWV
training, gt.ralrfynrg, wid upgraOng n4wties SM wortn*rl,
b. The conracliors arm sUbcortuactom mil sulxd an awl
reW to ft contracung agK" 1lruh J 1x ft dLr~ cif
ft projecill. inKbm rip " rrranbeir of mk"- '+� wem and
n wi-I' wu)o ll�' gi `r':Fr �S r klrm C w4qped in Fro*
clatuftaw rergn rim by the contract . This Ownawn is
to be repot cm Fbrrrr_FMA-13G 19 Thne staging st` mW
s in tha pr C# wank !four on Yboard in al Kx any part d
the taut pa#W pproDd precedng the end of My 11
trairwg is bed required by Vital pf ovisson rbe Dixiu r:tor
Page 222 of 524
Agqft4;o-tl$AWID#4eA9924A-B365-44D4-95BB-4AAB9E87ACFD
Alll itxe- reclurecito quid repw t.raii+wing data The
empb'yrnem data OoM r the wo6 f on board du"
all or any W of the last p dl ON precedwiij Me i 0t
JLAy
11. NONSEGREGATED FACIL
This prowsim is appbmbfe to ON Fa rl-eld awsVix-ton
wntrsoh and to all related cow vibnaftacts of
S1 0, OW or re
The €onvactor rn ust enrarlan 9W ftaftspr&Adbd for
&npicriees are provdW In such a mavw thM sepregatm an
the baste of raw, ooW, M400n, seX. OF n&WW won eirrmni
resurt The 0anhador may nother requiFe such MI-egated
Lae by -MrMMn or oral polo e-S nor rcrlei ale Uxh use by
empk2y CuSbXn, The ccw%traclof's COKWbon a lends furltwawr
to eraure that ft ern*yees are not ass+rto peftm ttieir
g ° u Itl� tr.,igctot's mnlro+ e
the faa kits &* 99~1i . The termf;aciitr ' iml udt s
wMM rr'O1�Cmic 4w raas: �d-- and o.�tptw r eating areas
Wrw
ker
arid
sumage of clinn" areas. parking lots tanking fountains.
re,cirealtw Or erftftumen[ aril, tranSpz)fttoA. and housing
prod employees. The ow clof sail pr0urde separate
or sirx)le-user restroams xiO rwomary dressing OF sl p,rg
almm to ,assure pri.�=y between sexes
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This mcbcn rs a e t4x ad Fed+eraW;id ld'1
propcft em*edrrg S2.000 aW b ail reWftd acid
k er-0er su ntraots - regardkss of siabomtrad sze? The
requim 'cents y to a�l projects located °fin ttit nghat .
w Of & may that m y classiW as Feder &'aKJ
loser or iimd ri kh m r cal. whWi aIre exemp
C*""ci agwxAs Aw 01W to 1h (equ r toms 10
oil prgects.
T1**ft%" pwWwn ate from the U.S0qmrwwrA of
Labwr mgWobwe in 29 OFR 5.5'Contract Xovisxm and
�� l'r r m�s tct � 1>c thtd F
1 *Icecap WA RHWA program reguremeft.
1. Minimiit rw wages
a. Ail: �bxm arm rn echantcs emobyed or workft upw
the Me of the wuk -gill be poW uncorwftr4ly wW rKA km
open than wm a week, wed wfthow stk*equem &vdu� or
re le on ark° nowiwN lexcept such payrd:l deductiIam as are
parr tMed by e a s Mi by Om Secretary of Lam
LwxW the q*aind Ord (29 CFR W 3)), the hA ant of
wages xW bone 5de h*Ve bwe% Jor cash eWrvalenta
"wetWJ due at tiirt'ta of pftTrwkt rtpA@d at rates fxA less
than ftIese contakvW in I* welp c of tliie
of Laborohich is I M al I P to and made a part
I r , regardkpss of anry conb*&W rAt6omNp °wd-iich mars
be ~ to a t L '.,tf4 ow*=W and u& 4borffs
:Me&anics
Cardrbutions,made car ccsU reasoru%lp anWpatsd for bom
Fide b s undo seen 1(b)l of the Diaw s
A# .m bbW d Wxwm or medwAm m ardWwW 'NW%
paid tP such hdxMs or irnecharks, subpa to ft pmvisOns
F FP No. - 01IDL
-4
c paraWap�t 1-d. dtft bedb, also. molar
nmoft or msts mured k r more Chart a weekly peed i bi not
I quwbwty I urtdar piarws. ftswils. or
,,t> *am the poftUM we4fy PeOW, we deftned to be
Ca 14 mal or mcurred dwft stich %eekN PerkA
Such IWxxtbm wd wedwdm sly be pald the approprUtte
rate and f4w be ndb on the wap dele;mwiallim kv
the Fty modwfthout regard to
W. exi # ae pricmded in 29 CFR 5 SiaX4). Laborers of
nwe+ hmrtiitow tr rpg rlc in mcore than one clasVw4Wn
mony be meted at the rate @awl
claaswfi awn Ow the tinse ackWlymyked thwein. Provided.
Thai the wnpilopWa payrW niowds accLralely aerR' fcwth 1t
ti�re spent in each 5caWn in v c i3 pew.
T�e .age deter Ieckxtrq any aidct kvi ali classWcalim
and. rants coc4offrad urwds( paragraM I .b. of tles
sediiDn I end the Davm-&=n. pcwei (WH-13 1 ) s be
posted at all tunes by trte coirtraaw and ft si wdractIM3 at
the uta of Me -,Yc6 in a aid aeoessibile O ace ,. t
can t�e easity seen by themAws
b. I t; The contracting shalM require t ial any o ikis of
laborers of madNuvn, oncludeng hem {+tioh # nM I mW in
!ht wVe deteMW11811ko and 4#1t& rt to be -Mpkyed under Ow
cantig aho bar Cietak�d in conformanc* -Ah thre ,.
oat . The caftractiry offerer steal I approve an
&MOxW a,rwd -AWe rate and fringe benefits
to falli wng Kenai havm been riwl
t i) The .ark to be pe omied by " ciass c`
i 1!-qL 51ed is w perk r ned by a clasuficition in t Y
dekqy4roffion, and
10 M T class t I$ ulfted In the area by tt'ie
oonstn.K�tpon industry, arid
i ill l The proposed -k2W rate,, wwALedrPg any bona NM
ftrige benefIs, ;:'firs a reasonabile reLattonshtp tD ft
v.,age rates tontained m thewthewKp detexrr natir_n.
I,2 � It the corytractor and the labonws and mK h.an ies to be
e11"rplaryed to thee rdsaan I III WwwrjF or tow
r+prLa0vn, wW the cwWacft ~ awe on tPe
wW voso rate Jk4u*g to arrant
dosoWed. for tkVe benefb where appropria1.e �, a repW of
to riot, taken shall be e►erg by the r to the
AdmPnr arW of ft Wage aid How Dymm. EfrVkWrnoerit
Marrs AdrnwmWab , U, . DepartInent of Lam.
Warshington. DC 202 10 The ,der m raw or an a ornaed
reprs emahve, gill appmve= modify. or devery
adotional dM3vfiuftxi actin wOm 30 darya ti mceipil aM
so advise I* oor&acting offim or will no*
offer .*m tra -day pee that addb orW Wn is
rwctstary
M In tw even ft motor. the Jabra.rei-5 or ft*&*n
10 be ernpl in " ctassficabon or *M* irepmm-A^.
and &* cwtr actnq t0ioff do rat agree on Me pmpned
a M ._: rate �irbducbng Ilia wwv
dem"ed for fnnge *neft. whefe tot. ft
contracting afficeF sh':all rem the quest se ir�
pth
vie'.,.'S_ M al inter"ad plartres and the ret0m of &
atr ng Ofter.10 the VV&W aryd Hkyur Adm a'tdr ;tw
d■Mmnatm. Wage and l r Admiinistraatcc or an
repwrese ntaW#, Aill isr" a deternina wn -ithi ir
30 days of recwpt and so odyise dwir wnrTactiN Dfficer or
Page 223 of 524
AggRIJAr1J@WIdr'SAA9924A-B365.44 b4-956B-4AAB9 E87ACFQ
wN notly &o conl1lorming of %idwi t� MiUy Pefod that
a 10, -, -, ww is necessary
(4) The -Aage r*A (4nc-iLK:6N "a ben*Fft Mmm
appropriaft) db6NVnkwd pursuant to paragraphs I.-b.t2j of
!.b. (3) of IM seckm, shaiii be pa Pd to mi workers pedonr"
VAA bm ow da"Mcown ~ tN-5 cont-Act ftm the first
day on whkh vmrk � peffonr*d, ffi the classrficabm-
c VAmwwm " mtiimumwage rats pirowtod in the
cmtraa *x im i d laborers or medurks kckdn a hr*e
bi,"�fix whO is ra eqimsed as an" raft, the plwnctor
shall: ~ pay Me berwOl as "ed in ft wep d0wirronation
cw stv.&I pay arothw borm Me fringe- b&vA or an hound cash
equ valorit &wfeof
d, 11 the con'jaclor does rot make payrnents to a OWee or
other thwd person. W* *xWwtor mary =ksider as W. of te
wWn d " lab orw or rnedwic the ar"I -of any wsts
rmam* amcpated in pwYaN bona We fie berieft
under * oLw or prugram ProMed, Thal wo Seaetarof
Labor h" lovick upon the, .ratenrequesl of tb* cwtrackw,
that the aprOkable Muwkuts of U* Des- Bacm Act ha 6*
been rrmM The SecreWy d L*oc may require the ooftactoF
to set aside in a sqww* &OMM asseft kK 0* rwoov of
ob4gation-s urKL-f Ow plan or program
2. Withho?dj"
The oon"ctwV agency sW upon its own aebon cm Lpm
v4yften requmt d an auftmind represWa0w of the
Depariment Of LW' XW, Wd*Khd OF cause I* be vWh*W ftom
Ve contractor i ft coinbiki or any oteer Fed"
oonh-ac�r-.ith the sam pdm cordiractor, or any other feden-Ily-
assisted w%wift!sUbjed W DwsZown pW"M -,,aV
m4pkeme0b, which is held by Ow swne prwne oontractor. so
much ot ft woraW payrnern or advaincin as may, be
*=Mmred rmmssmy jo p" Wxrm w4 medun",
ndLAN &Wenkms, k*mm mad Wpm, wwooyed by the
ombloor or any si d nix ftftr ft full wrAxnt of w-agin
red by the coftailt In ft event of WtA* to pay afry
laboM ii:w nKhanc. Oduft wy apprantk*, Vebm, or
heir, employed of -mAM art It sft of the wmk al! or W
of t*wsg" fMAped by 0* =ftW, the cord oMn 9geric,
may. after -e-oftvo, W kedoro take SUCh setkic as
may be rwo&mry to cwjw the suspermw)n cif arri ft"w
pay7wnt, 06varoce of 9uXWAee of ftsAs until such vk1aborks
have or*ase-d
3. Rayrolts and basic records
a Pagcft wd bay FeDW* relabN therelo shM be
mantaw*d by#* cwtractx ducing the course 0 the wcd and
l;weser.meod ftr a pmad of ftee ;years the-reaftf for V WbDirem
and rv*cNbvft wa*mqat the sde of the -,tA Such records
shall contain the rtame. address and somt securdy ntwrtber cA
each such voxker his or her correct c1iin0catim. hourty wes
of xag," pod k Ind UdffV Patin Of OMttPbUtK)nS Of COStS
anticipated fm bona fide twpge benefits or cash eqL"ents
tr*reof of th@ IyMs described in secbm I (b)(2XB � cif the
Daviis-Bawn Act), daty and mwWy nLrnbo of hoLn worked_
deduce made and act Ymips pad Whowow dw
SeCA*tary of Labor has Lund` urKkK 29 CFR 5.5(aX I Wv) that
ft -AWe-s of any labom or � wKAA@ the arx)url of
" cosm reasonably antic oMed in proMog be fib urOer a
plan or program described on secton I (bX 2 li(B? of the Davis-
RFP No. 22-201/DL
-47-
Baccin Aci the corkadw shall maintaiin recordswhmch sho,,,
Lhal ft comirnihi*1 to provoo such oer*ft a onforoeallNe,
It the plan or pi ogivii v Is financtalJy respons+ that the
plan or pirograir Nn bw oommurwcated in ,,-nWg to the
LSW" OF M*d*NC$ Aiftdedr aW r*=rdz,.%t*bsW4v ft
costs an5c*nftd (x #* actual cog �in pmwWrg S*u&
beneft Cowfticbm eRWkr)vg apprentiCSIS orb undef
appmwtd programs Md %Tfflz-n *ykkm of ft
rWstraknd .'ripil'woih'ppmgrwmand owlk*oonat
wgraff [raknee pm . the � dft ." A11411miand
trawiees. and the F&tioa Wd %MP rates primed in the
appkable pmigrarri-s
b (I'i TI)e owtractim "11 VjWnw*0py fDr each veek in
---t*ch any contract -mxk is perfanTmd a copy of all payrolis to
the owtading agency The payrolls sUxnitted shall set cd
ai=watety and completely al I of ft Wrkrm*Wn "uirO to be
marftined w0w 29 CFR 5.5(&X3Xi). -exeW " NA sodW
secofty munibm and horne Wises shall not be bmk
on -eA-e-kly twsmftals Inskisad tl e payrolls shall only ftmd W
include an widmduNly deriM`y*V MimbeF fat each aw9byM
e.g.. me Nw fw dqOs of ft err yee's social sOMAY
rWXnbeF j. The rtiquffed wNWy pwfrcA: infor-i ation rnay be
submated in wrl form desi . Opbonal Form Wei-.,U7 r&
avala b le, for ttn pwpose hm the Wage " Hxv Dvisw
Vveb site at tittp iA~.dol.gpwow*txnmvwKU7it&,htrn
or as suoo=w iww - The pM* ocwibv,1or ks ompomift for
ther svbn*sm of copies of pwflOf% by V sLtxxrbmct0m
Corawftm ard subcwtrjem "11 miuntaiin the U social
seawky P Kmvd +xr current ai*km of each covered worker.
and "ll p"rAde tern upon mqueM W the contrwhng apnui
1cr to t& State DOT, We FHWA or the Wage and
Hw Dmsk)n cf the C*patTwmA of LAbCF SW PUPDSeS Of an
investiDabon or audpt of wmplAnce o-ith pnwa&g wage
rewrements It is not a vx9ahon of this sedM kw a print
owira<;to rowits a sub"tractor to pvvW* aftiiiiiiwies and
swatl seamrity "UMbM to #* PrLM+ff Mnir-actv *w ib own
nK*rds. wRhoW 5,�*Wy submi-ion to ft corib-acUng agency
-1 1, Each payrolll submutted "I I be aocomparwed by a
S lalemerU d Ownpiwice, - wgmd by 6" C*ntaCW or
subcwtrwkw of his of her ageit who pays or nVervises ft
payment of the persms empkr?ed aroder the c**ad and shall
ct(tfy I he follo-ring .
i i � 7hal 1he pa for the poy 01 POOW bra to
infumation reqLwed to to 1prowlded urdW §53 (AX3X 6.1 of
RogiiiAabofts. 29 CFFt pad 5, the approprWe Wormadon is
beft M&*6nW Ur4r!J5.5 I aM. 3 x i k of NqUlatons. 29
CFR W S. and dW i irtilbmubm is of
cornplMe.
iw- That each Latw& or mechark (WonkAng each
helper aWerfta- and Vawkee i efriploym-A on #w contract
dternq the payi penod has 11:paid N* UwK*ly
wages earned. wfthaux rewle "hef dwecvy or iir"recoy
am tw rka deducws have bin made e&*r drectly or
OXWer,* from !he full �--dqn earned, other than
pwmissib4 deovi:lKwis as wM forth in Requiatwm, 29 CFR
--.& J, A
pan �
wi I That each laborer or mectanic has been paid not
less ftan Me appkabl-e .,.age rater " fringe btrwfft or
cas.h equivaWfift for rw cia-ssAcaow of wXk P~ed.
,as "cffied in the appiwALoie -,age demmoRabon
wcxprated ift ft writract
Page 224 of 524
A g%Rilki1+%WIdA749924A-8355-4404.95B B •4AA89E&7ACFD
(3)The eeMy PINnmum ci a5.properly exiecukd
owfflkmbDn ad ftwM w ft mwn Ok of Opb*rW Form
VIH— 1-17 sw Udify ft r"Am"M for 9"YMIM of &0
I , -l'it eMofCoffWhxNm'requi-edbyparagra*h3.b.12)of
this Section
(4) The faLvficaticx- of any of IN atpove may
subject V* contraoce or subcont-a" to CMI i:w cm"l
prosswW wider sect pw 1001 of We IS and section 231 of
ttloe 31 of " ~ States {"ode
c, The oxitracfor or subcc-P-4..raclor -5141 i make ft reCords
roWNW under paragW h 3 ji of thins Wban avadabiia kV
0 mpecb* , oWpiri g, of bansuotce by "h-)f1Zmd
R&VA
repiresentaby" to nbm%*w empkrym &r%,bg hwf-s
on tie job If Ihe ow*&::Ior or subcorAnikCot fails to subirimil Vw,
requited reoxds or to make Mm afire. ft FHWA may.
a1w -. ntten -notice to Me contra", Ow contr wtiN agenq or
it* elate DOT take such wbo as may be nenesswy to
cause the su&pensioin of any ftxffm payrnieM advance, or
guarantee of NrmJs . Fug. %kre to ubrld 9* mxpjmd
reemds upon m:jjL" or lo n%Ae such reamb nahWe may
b* grounds kt deb action purwam to 29 CFR 5-12-
4. AlppFenlices and trail neft
a Apprentces -, prWrams of ft USCK)LI.
Apprenti yAl tier Pa=1W to wwk at Mw thw IN
piredetermined tale for the woork *w Mw OW are
&TLpjoyed pumusm to end b*Adu*y reemkTed in a bona &M
apgxentimsNp progr*m reqMMW with ft U .5 Deoartwd of
Lsbcx, Employment and Trek" Adrnmisvabon, CAce of
Applrimfimship TTairriing Emplooy&, and Labot Serwkes, or wO
a State AppwwA-J* Agency recopnk*d try Lhe Ofrw, cw 0 a
pecsW hil enlooyad in his cw he-r " 90 dto of probaboinary
empbyrnwl as an apprenwe in such an apptea icesNp
pwgram,,.?.tio is not rmRiAduaky regislefed in the program, UA
who has been ceoffied by the Othm of Appreft*ship
Trakft Envk4w wW Labor ServKes or a StW*
AfVenllkeship AgeMy (wtWie aMcpaate t to be Ofigibil@ ks
pritiganSiry e!mjplCiyrrt-nt OS an OWentK*,
T1* atowebe rao *f approwdim ib #*jrarw on the pb
site r any craft ciassfficat*n sail rKA be grewer than " rabo
pftirrilitted to the oYqracW as to ft enbre work force under
Oe men p"rem. Any wo*w Nod an a pymw at an
appirenuce wap rate- who is fw* regzhmvd or oftr�vw
en oyod as zWke Wxne, shM be paid not less than The
appk," -mVe nwt& an 0* wep d6!q@mvnal i for the
dWissificabon of -AVk 3CWY pew In aWition aLn Y
appnwillim psdxmtng work an dw)ob syte in excess aO ftv
raW permeted under &* migawO proyam shall be paid mt
krss Vw ft qVk;We woo Me on the wage cleterm" cr
kw the work WhAly "ft, - Where a contracRx is
perkoraV oxisirwom on a pmpd in a W,.Wf olher than
gent in wtk;h its pmgmm rs repl**ed. On rabas and
I eVmwed in star of the jowrayrr-an's homer
rate M specMed in the owmacOrs or a wm-a"s regilUered
program "I be *bserr*d-
Eyory VIlprentice Must t* Pid at rAX Wsis tW "w tale
sped on ft regrVefed pfoW am for the apprentice's level of
progress, eKpms,&d as a percentage of " p-wraymen hourly
RFP No. 22-201/DL
on
rats sper-rFw-d in te appbukNe *IV de*muWM
Apipte-ntices shall, be pW ftwge beneftis in aooDrdarlw* w0i
0,7e PMVISIOns of dw ip proiWarn. R the
Wpmrfteship pVW&n doft MM specdy *wW btAr%,
mug be paid the AAl amourTI: of "w W*fds
k9ed an tw 5,&,age deumiriatkn for to appbcaWe
c4madlic0on If ft A dmwkW atm datemines tha a dirReferit
practice prevals for the appikoble apprerOm dws ficalvn,
fringes shall be pad en accordance with " deternrimmm
in the everd trw Cfflioa of A4"entioeshep Trairing, EnVkYM
aM Labor Serwees. cw a Made Appnwft� Agency
reaViiized &y the mice. w*&aws MprovM of an
whip program. the coirrinadw wd% no kwWc be
pwndtod to uiw Lze aWenbum al less ftm ft appilicaboe
pre-down4wd Tale fir tA wo* pwkmW urd an acceptk4e
program ks aWoved
b Trairwes kpmWarris of ft USIDOL i,
E xcW as provided in 29 CFR 5.16. trainees -41 not be
pef milled to work at -ess 9w the p*d*Wm4ned rate kH the
.-.ork pefforrriiW unless F -* y are em.pkYM pursuant to and
indrmduwl-i registered Ln a proiVwn &NO has rectived prior
approo-ral eve ewed by kfmW OmVkabW by ft U S
Department cif Larxw Empilc�l aW Traifung
Ad ministirabw
The ratio at b-Arm*s tc journeymen on thepb sft "I not be
gmteir tNm pemew w-dw ve plian approved bry t*
Employrrerd and Tracing Adh*'Ogmion
Every bunse mml be pad at niol *is 1han the raft sp&:ftd
m V* awoved pmgrw Ow to buirtee's Feyel of progril",
e)pmssW as a pefcwMW d the purrwiiyrnan howl' tale
spectied In the apOcabM wwe determwwWn Trams SW
be psW friiinoge buwMb In accordenm wfth the pmYmnis d ft
prooram. If the trame program does " nwhan
fflnge h ei - Fit". trainees sNA be paid te AM amourd of ftirlV
bendft ksted on ft wage dewuwwIlim uniew *e
Ackniruwator of ft Wap wO Hw Drihp5n. Wit es ,hat
there is an apparent propurn mated Ah the
corresponding Joumsymaini "Araqe rate on the as
Memvnmxn ~ wMes for 44s Ow full fringo benefits
for aMell Any employ" I isted on the payroll at a tear nee
carte -Aft. is not "zterW aril fwboOm" in a Mwkg plan
appro-wed by the EmpkyymW wW Trahng Galion sham
" paid rxA k--M them the applio" wKe rate on Ow
delermw)at�on for the classftabw d wO* aduOy PWbm*d
Inadditxr. any i:Ya4f*eperfcqqM wa*onthe jobsite in
excess of the ralro permitter ur4w tie registered program
shal I t* paid not Itsr, thari the apt wAoe .,,age rate on Me
vage de*mW4V*n for ft Hork Kt&ly Wormed,
the ervent the ErnplcyrneM and Trah nth A nalritm
'Jthe a-'Y1 appmwal of a b-ainivig PMgrar'- the Corkramr -.Ai no
lorgff t)e pffrn4tL%d to ut iLm n2wieeq all less the ft
appk-abl e prede0umined rate for te *od perkwmed tftl an
acceptabl-e PWaM is AWwed.
c. E" emptoynwrit opportunay The udk*kn of
apprw*m. vain"s and pwroMen urKkt MW pvt "N be
in wrilbirmity,,wth dw equiall wWkwqnien1 oW*ftu*
nKf4emeffis of Exect.9w 10rdef 11 M. as amended- and 29
CFR W 30
Page 225 of 524
AgRA4drE�S 1#14M9924A-8365-441)4-95E3Ei-4AAB9E87ACFD
d Appreribm and Train 1pmipriuns u( tiv U S DOT I
Apprentices and aUnewwcArg Lu4w til"Mmmmip and
skil wwwV progw's ~ himm bem O&UMied by ew
Secmwy of Traropwilebon am praims3firy EEO n cminemm
-nth FederakaW Wvway mien prowarm we m
subyW W the rimpkements of para9wh 4 of fts Secbon IV
The sevot W* hourly o-age rates f cw appwftn and
tn*mm undef sty Pr ---111 t)e t-stabkshed by the
parbmAw pim9r;vm. The ratio of aMer L"s and "n"s to
pNffreflnevi ") rbot be dean pBMI 0114ed by ft term of
the parbowilar pWam.
& ComilpBance wfth CopdoW Act "quirmwnft- The
oontrador 5hall,comply *0 the rv*ArerMft d 29 CFR pad
I vhmh are incorporallwl by re llemince in this cawbac
& Subcomracls. The corgractor or subcomwIlar shalt irisert
Foirm P4NA- 1273 in any v Macis ariid Wso require the
mbcwtrwWm to irx:ilude Focm F"A- 1273 in any lov-v 1w
ubcontracts. The Mr* ow&actor " be msipoimtAe lof ft
oonip1wri,ce ter any uAxortf actor or kmw bw &ubcor*w;tcx
vAffi;MM 1:Fre contract dftmes in 29 CFR S. 5
7. Contract termination, dtbanmot- AWeachol'the
cafltra c4Aes in 29 CFI 5,5 rivy be grouncb kw termin~
of the cont act, and far debarmilwe as a conftwtix and a
subconTractof as pmvkiWd In 29 CFR 5 "2
B. Compliance with Davis-onand RelaW Art
requirements. AM ruhrigs and in1eqxelab" d the Davs-
Bac*n and Roated Act& ox*w*d in 29 CFR parts 1. 3. all 5
are hL"rt woxpwtrd by reWeoce in Mrs conn-act
9, DHVAes conceffin labor staNlwdill. D5Wes answ%li
out of the labor standwift pMwbbm d tM ox*W shall not
t* $0b}00 10 ft 9WWW dWAM dlllliilm d V* cantrwi SLHr-h
d*oes "I be mrsdved in aomdam* vAM to prwedtires,
of the Cepaftment of Labor sd VaM in 20 CFR poirts 5 6. aW
7 DmWes mthiin to meaning of this dause r4ude dqxtes
beNven the corOwtcff i.or any of ts siftonMMMM) and &w
coftamng agency. the US Depwtnnent of Labix, of Me
enWoyees or [hetr represertom.
10. Certification of elligibilAy,
a By enter wic this wail Wit, ft ixinwlof olimtfWs 00
rmAher d nor * cc shoo i m any perSon at flan Aho NOW
Wftmwt in Uv coni:ractcx�!s firrn iN a P&SM Or &M klig 11 gitill 10
bezA.ardedGavemrvvn1c%*w try wk*ofsectw3(*)0(
ft Davis-Bawo " cw 29 CMR 5.. t2(a K 1)
b No pivi of fts owbilid "I tx-- vAomprad-ed to any perms
or Fwm ine*gMe for awwd of a Govemrnent 0Dntrad by Mw
of section 31 a) of to Drds-Gam Act or 2N CFR 5, 12(aRl)-
c. The pen*y kx nvidirg fdo statements vs p"mcribed an the
U S Crrnw-.W Code.. 18 U &.0I DOI
RFP No. 22-201IDL
-49-
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
Tht fdkm" dausm ppiply to any Federakad oom nwkr
owaW in an wrouM in agoew of $I 00,OOD or,4 sLkoo to the
oveftm pn"kw* of ft CtW&W Wed Mk3ur% MPd Sdet�
Stwvdmds Av Thew dwam " be inserted Yri addMon to
the dauses feclugvd by 29 CFR5-54a) ar.NL CFR 4 & As
used in th nparaWao, the te" Wiiibows and rnechearMis
hdkeds -wak*~ w4 guards.
1. Gveffww reqkiiremonts. No owforor sLbcanbvdbv
owtachnig for any pwt of trie cwts" worn'; Mwh may ceqjft
or knvcWve V* I r4oproll Of Lisbon" or f"013WICSShall
require or perTrA Ory WCh laborer 4:W ft*ch4vW IM aAy
-Avk,At*k on,-wiheh he or shpe is empkptad on such work to
work in ox"is of forty houns in such -mNk%eek unless such
laboirer or mecharmc rece0m compensahon at a raft rwA 1"-$
ftn one and orie-hallf bmies the bask~ rate of pay V all hmxs
steed ire exams of f" P*= 01 workweek.
2. Violation; liability W unpaid wagevliquil"ed
dainugo. In the evM of any vxAaton of the da use SM kNM
in pwv9,j#i i t } ol V* seeboin, the oontractx and 3ny
sLbm*=W mspmlMe Owefor SMI be i0ft W ft
urpaild Wa"Sr hn a*Mm, stzh ox*acW &W soWon"cw
be #*** to to Lk*Ad (in the case of wu* dom
urfwdarrmemo for ft 01strid of Cdwfta or a wro"y- to such
Disbict or to smh temloiy). for lkpdaftd gaga. Suo
llliqukllated damages "ll be cormpAed wft respect to each
mdmdukai iabouer or nvwJwH--. mdLK" -.*21chrien ark
gLwds, err ployM in wbis bon of Ow dau-Ae set fcah in
paragraph I I ; of the secom, in d* surn of S 10 for each
calendar day an ~ such ir4v> vea!s required or
pam�lw to -Mxk in exces-5 of Me stwxufd r, of
hours m4thixg paiffenil of the ove;1ry des requmed by ft
ei[aiLse set forth in paragraph (11. p of tars sin.
3. Withholding for unpaid wages and I equidated damages.
The FH)NA or the comactinq agemy " upon its usn acton
or upon 6"ften requev of an aftrized representative of #*
DeParVnent of La bot -od*KM ot cause to be wnhheid. ftm
" rr%w" payable on aaw i of mark pmfomied by the
conbactor or subcantracIlm under any such brad or any
othlK FedKal mitiract Mth the saino prime ooftector, or any
Meir k-,derally-assisted ox*aa subod la the Corgram Work
Hows and Safety Standards A0.4*th is hid by the same
phirm corkaeftw, such sums as mary be debwTNned to be
rw*&aq to �, any Wtgtes of such cwbwtor or
stt""0oar kX tr"Pd -&*gft SM kliqusdated danages as
piewded in 1he dause set kM in pxaWao (2 1 of this
wton
4. Subcontracts- 1"N oixitracWr or subtutractm shall insert
ir an j !i6taxTbwft the ciaum set forth in paragiraph [ 1 '1
ttif ciogh (4 ) of the Se an and also a ciatme reqLi" the
ukoontractom to Fndude dwse clauses in any io-mw t*r
subcootyacts The prvne amtractoir shad be respom&e for
c=p1jance by arry subwntrwRx of 4c.- er tier subconlrac"
mth -the dauses se fbft in paragraohs 11. li through (4. i of tM
sechol"!
Page 226 of 524
A&� it3r8VA992dA-B 365-4d l]4-95 BB-4AAB9 E 87ACF❑
VI, SUBLETnNG OR ASSIGNING THE CONTRACT
This pmfton is appikablie to al Fedeia�aid coinsilrucbw
coftuft an the Nadonad Hoiway 'System
1 The contracliyshall pedwmmM ft Crem 0rWMMx30
owtrae ot6 arnoun&Q to riot kren thm 30 perawl (or a
gr,@at*r p#rcentap it &pecfad e1srANere 0 dw cioritrad) cif
the Tc4al ongnal cwtrad price. exrJudwkg any slmciaNy ikarnt
designatedbyVacontractftagemy Speaaltfaerriisr"be
WoFmed by SUDWUaM WW the affwW of arry such
spm4ty Awm perkmwd m2y te deducted from the tolal
cinglinal writrad prlice be*xe computrig the aririaunt of %,ofk
mqwcW to be porkenad by the oomractx s omn oq;anzxow
123 CFR 635. It 8)
a. The term 'perform -work wfth it awn
tD .-uAem ernpilqyed or Waud by ft prire =Wactor, and
eqtipirwA owrwd Of FenWd by the primm eaftb-actut eflb of
,%ilhiimit ators. such term do ea riot irodudie enipkryees or
equpreM Of a 2Ld:NDMtSCW V 0-6a liar a11M0.M1kw*X_
agents of the pram cor&*MF. or " OVW ossbp*ft TM
term may indu(* payreits for the oosts of hHnng leased
emp4oye" from, an emOcyee kqdwq firm meelhng afl rakwant
F*dWW;M and Stale requiatari requirieftwents Leawl
ernpk;�� rriat' wry be wx*x*d in Mm twm 9 ** parr*
cwtr ad(x nwis al I of the folowing COrXN.KXW
i I I the prwF* conlractor maklaVo 0WWd over the
stgervision ci the day-l"ay acbWbft of the leased
em&".
(2) toixiftclor ranlwiis reSi:W!!wNe for Lhe qual rty
of the votsk d the leased eirripiloymw
13 � the priy* uw4racTOF retapiris atl powff to accepit of
es de kWWWual en,Voyees from A an Uw pimpid; W4
(4) the pwm contractor reinair s Lftymody Mpwksbe for
dwo parmrt of prodetwmPned mwwmW w"M. the
$UbFnM$W Of PEYFOASr stoernfft of oarnp%w;ce arwd all
o&w FP -in re"Umy requirempents.
b 'Spbcwfty ItunW "H be oxatmen:f io be fir Mned to w**
that mqures NgHy spa:WLzed kn:pMedge abK*& or
@qL%xmft not ardrwly avalabile in IN " of cointracmg
crpr43dam quWOW and expeeW to bid at propose an the
wntract as a wbolle wtd in generaill are to be limited to nor
mr.ponents of the overall ,con -id.
2 The c**ad arromo upw � tt* requiremanti set Irmth
in pwagraph (11 of Sedim \A A mnpU*d rKhxJes ft t of
wW n%wwAcftnW prodwft ~ are to be
puRNned or PKKKKAW by ft wi*vdor ulv*" 0" 000ra
pmv�Ions
3. The owomw -shall fitimlish (@I e *wrp~t s4x6nnwrident
cir supmvisior who is employed by the f0m. has foal a� to
dprtct WVmance of d* work n a=wdaN* with the oy6aict
requirememm. and :is iiin digit & all ratms
; regardless of -oft porforms the ,,ork i and (b i such odor of its
a,,norganzaikrW nm4unars ;srouw. franagerreM ind
engpneenng ser*m) n Ve oomracting offioer detemiriies is
roe sari to asnrie the perkmarce cd the contracl
4 No podion of Uw bonlyW " be ubel assigned or
Ww%ise dssposed of except with the wftw conseril of the
cwtraztN offkw, or audxxizW repreta-Wive and skich
consrenj w#wn gwri "I iNX be oxiistued W F111NOVe tba
WntFOCkW Of 81111} Fespormblity for OfutfdkTwM of tie
mntrams Writ w comem -AAll be grieo oNy ~ the
omtracting a has assured that each subomtrad is
RF P No, 22-201 /DL
M
ev!de rcW in *1" WW #W it Qontaalts a.1 perWerri pmvis"!s
I
armF.4,""WIS Of &W prWne contract
5 The 3D% 00-,perm Mqurffft" CO parnraph i I i is
not VP to deugn4�Wd owftXft; re r. owtrwt"
aigenm% may e-staNrsh ter own u0jwkwmance
rewiremmm-
VR. SAFETY: ACCIDENT PREVENTION
T h i s p r o v ii s i o to ii !s app-ra" tQ all Felera -Rid
cors.mcbm comacts mid to 0 Wated wjtoconliac!�
1 In " W.ofrnarce of thps contracil the ooMracfor !shafl
compily mth all: aWkade Fe0eral. SL3C*- and loca I lirvys
goveming &VWty. heafth, and sarwitatm (23 CFR 6351 The
cwtjcW "N provtft iNt saifeguard$_ sikl*ty devicft and
protedw equpmervi and ta&e any other rw*ded aclxxiis. as rt
detwninm. or as the contractrg oflim ffiaiy ckltermineL to be
reel rece5sary to pthe ld* &W hmkh of
empkjees on the job and the sakty d ft public " to
proms property rn owvwcWn with the perkwmarce of the
%�o* aovBred by &* iwww
2 11 ts a oonWton -of Un conWav, and shall be made a
CondW of e!wh subwnwact, 'ham the convw*w enters into
pumtwt to this cw&acl. that the oontraOar W any
S11 x*a= "I row peiryvn any emoapee. un peftmwice
of tw confraict to in swrourdrbgs or wWw ow4bons
,&Nrh are unsanitary twzw:kxz or dargerous 10 WOW
health or sn". as delwffwied wedw coin-stniam safety and
ileafth starKwift (29 Cr_R 1Q5) PwVA9at&d try " secfelar,
of Labor. kn W-0.11,11 do 14-0 %M Sechm 107 of the cwtmd woo
Hoom and Safety Stwidank Act 40 U S.0 3704)
3. Pumuwt to 29 CFR 1 WO-3- A to a hbon of Oft OWUVM
dw( to Secretary of Labof or alftidzied mp esentz6ve
duw*4, %KWI have ritual of " to " zft of oontract
perkmarK* to i nspect OF InVeSUg.2ft ft Maftell' Of O)Fnp4iance
wft #w constrmlon salve and health standards wid W cwry
W #* duties of the Sdcretwy undair Stttw 107 of t*
C4ftao Work Houn and Safety Standards Act 40
U.S C. 37W i
Vill. FALSE STATEMENTS CONCERNING HIG14WAY
PROJECTS
T h i a p r o v 1 !9 i o n i s applicable to ak Federait-aid
oonstuebon conbract5 and to all agMed sub=wlram
In order to asuire NO quality wd dwable consilructon P
coi iftm F - uty mth approved plans wd speeftuibms and a hogh
dogfee of *iabft on sWernents and , apeseltaborm made
by engwwers. owrantor5. wupo*rs- aind wccim on Fe6"-
aid hiigrrvay pn*tcts Nis eswtal ftl al I persons corcerred
with the proms p~ 1heu kwcWr, as careftAly tNwxq*.
and honed ja powtk WOU foHdwatm dOAorlaori. cw
n . r op roe eriolkm P wdh respect to arry facts related to ft
oroted Is a vakftn of Fe4ml Ww . To pmvww "
wkvANSwxhwKWV "Pft the wKKww-" of them and
similar acts, Fonn FtMA- 1022 shall be posled on each
Federa,l., ad hgtrway prqecl f23 CFR 635. in one or more
PwCe.5 -befe 4 is Meaty all jut try all P4!fsof-4 Oorterried
with Uw protW'
18USC I =.reactszks fooves
Page 227 of 524
AGIptRokAIMW,d-Wg924A-EI36544C495BB.4AAB9E87ACFD
"Whoevellr. beiN an M%cer. aft yr emPl�oof #w UJw-rrretl
States. or d any SUft or Temtcrr, of Atiolesvw M1~ a
person: assocW, turn. of fiats - knowwqy rn2ks any
falter "rr mm, false represemation, or false report to i
chanaolws quNky. qualrav or cow of the material used cor to
be used. or the Wwtity or gwMy of Ow A Z
be pe,�mni +d, or Me caaA 1 reof in oxwectl<xi •earth t
submma+bn of plate n , specffcabom. contracts, or cosu
afhigtma"y' or reWW projed v&mMed f
dal b On Sectetar'yr of Tram: or
Whoevw krawftly makes any false statreierrt, false
r@posontaftn, toe repent or false ctan vO respeel to the
charmer. qAft, WWbty- OF owl Of afty WCA Pff1fWT1@d or to
to performed, or manWalls lumehad or ko be fumshed, in
%ith 'tl carnVWton of any tw9r irmay or re iate+d
projecl app+mved by l* meta y of Tr.angxxtatron- or
W hoemr kMng funk es .sr $4Wft'Hnt Or fall
reprentair)r. as to fasten at fait In went. Vie,
or cepoel submrtted pwsu.ant lo provMibm of the Fed"4d
Roa& Act approved Jurly 1, 1918. (39 Ste. 356). as amended
and sr em~-,
5
gS#tal fried ur n this tilt parr irn.pd rwal more tin
IX_ III PLEMENTATION OF C LEAN A] R AC T AND F£ DE AL
WATER POLLUTION COOL ACT
Ths Mviswis la b+e jo all Federal -aid sus
anod t* all rellated subew"els
subrrission of thrs bepr 1 or Ow, exe%tm of tio,
cortal or sub wb t, as bidder, proposer
F l omstucbw cor'it adw, or °or, as
_ -mill be deemed to have stipulated as fdkx
1. Tart my pie+rsm who is or w4I be kakzed in "
pew# of thm cwmrad is not pmh&tHj fmm rw&Nft an
VmK4 to a Win. of Sedion SM of the Mean Walef ACI
or SecOm 306 of thle Elwin Air Ate.
I That lft r r age to wedude oF use to be
included the requirements of paragraph ( l) cif thm Secbm X in
eve subcontract, and further . to take smh acbon as
ft w tra ng agency ° m ay dart a a ant of er'1fi A
sq,rC`h reqwements
X. CERTIMCMIGN REGARDING DE NARMENT,
5U,SPEN510N. INEUGI BILIT1f ,ANO VOLUNTARY
EC LUSM
T'nrs provision n is Wo lczble to .all Fed&M-Md cwstn.+ om
su antracs. piircil �, OWMAW
corivacts or any other MwescOm rbitwng FHW A
, anal or thart is esWnW to 5.000 or mom - .im
defined ref 2 O F R Parh 100 and I ZM
1. Irrsh%Ndkm, for C ertrfiaca ri on - FirM Tier Pa efhcipantss
a. By siW*V and subrrkMN this peoposal the prospechve
firms bff WjqMM IS MVMhV 04 MMI rN)n set OLA �1
b The ilin+ib ft of a pasm to provkle ft certfficaum set oull
belc.-.:tall r+ot nocmwillOyra In denial of l opatrorl ir+ arils
F F P No. - 01 /DAL
omwed #2nsachw. The prospectme firsi tier par c4panl shall
submd an eM(Mirwban of why d caniivA lrowk the oedffivjrbw
set out below. The oftWk*W or e0anabon vM be
owmiderad h owcwcftn with the departmefn cg spmVs
detrmw wtotm to wW hM ft nnuftm. fever,
lFaiirM of aw PMqMCM fim ow pwbcowt to fk h a
arr W;4g,$*a � sW d h a perms
ft" M ft-SK&M.
c The oer r,9im in this dause is a mgMrW represenlairion
o(facA upon,4wohxeinve vms plaoed mfm Im corkacting
Merrlwked MA ft bra W"peffl ftmollli�* rar,6woo
am effaneam titan. in adMw to oiler remedies
avotable to tare Federal Wit. the 4ractrng
may termwlale thks tranw0ion fur uuse of Mault
d The prospedive fit .bff pattidW shall peovZa
kiwi ate wMen notice to the contriiaing xpncy to
eft propoW is s ubmitted d any tune p"mpeow first Or
ant learer5. than rt% 081tdiCANion was ertvescKm M'rerp
sijbd cx rias become by remm of #tied
eta ryes
eb terms 'oovertd "rds0aaft i "de-barre a
�sLmpendoed ' "Final lg0e.., -fit - 'pwsw._ ..pn ropat
" vokwdailly extAuded.- as used in M dame, are de!firled
in 2 OFR Pacts 18.0 and 12 `Frr:''St Tier Czvwtd
Terns refers to any oowed transxWn between a
grrw*m or sqbgrzintee of Fc4erel aM a pwbdWr i such
. the'r rlrw►ral Car r
Tramsacbons' tefem to any omieW trnsacbm 4e 4w a Fm
Tw Czroered Trailrdaction (such as s,. ntra ), 'Fiat trier
Pant r y rat*ra to the partwipard -who has erftvd into a
omferilml transacSw with a gr wtee or ujbgrarohae of Federal
funds (such as the prlrne or genera] conbaclor), 1-ower Try
Ipamcgorn' refers any pam-cparttMho hm er hwil d into a
cased try .mth a Fiat Tier P or oth& Lahti
Truer Parbr. pwAs i suh as subeumadars WW U4* WS 1.
f TIC %, idea' Alt awm by VAM"ng
Mn propCksah t sl'ro ,4d the proposed covered tllansacbon be
entered irrito., it shell not knowingly er r into any krover tier
wc'eed with a ptrow * is detwrod.
suspended. decilaredit gl le, or w0h;marrly exchided trorl
parbapabon in the oweredtrarrsactMan_ ur�ew aulhoftzed by
the depamreint or agency er'ft+ ng into ltv s trainsactkon
q . The &V %g parbqm nti ". ritr agrees by
S}'.+br it tillis el that rt °Mi �- ' -t-use Wed fjI
argil Vokxywy Exdusoq1ow Tier Coyemd Traftwokins
p +' #* ern, or wamcbr* aprc�, enWN
rft t* omewd tansacw. -%,iftut modificatim, in all IaA er
tier oovenod trwsac4ons and in all sciliciWions firer krww ter
ooaverred trarmwowis exceeding the S25, thresh*
ft A in a Wwred tram rUy upcln a
cerbfcabw of al p n:spec ye pa Mcparn in a kmw Mier wed
tfaMadM that is roll CL&barried, serspenrled, irkefi e, air
, unlanly e**X*d #wort+ ale M%*retl VWMX*M1i€ %M*M ct
kr,xy, s th;9r1. the offbfiagbon rs ffroVOW& A PbrkiliWt is
resDorruble f(x ensurmg that ds prim an fro! SusperKled,
det)wed.fir o4her,,,ne iineil9bie to pair1idpole In covered
transitions, To verrfy the eilwg fry of rls priwNpads, as M as
Ow eligibility of r kmW 6W proqpecthm pa cipar . each
partlolparrt Troy. but is not r■ d to check afire Excluded
Pates I ist Syslem **We 1n ± sv 1 +"�° , w'h ch is
czmpiled by to Gene'rail ServaDes Ad0nwRS#Vkw
Page 228 of 524
A��lJ��Itlr9A'�9924A-8365-�i4 D4-958 B�AAB9E87ACFD
L No&wg corftned in &m foregowV $hail tm- Owwstrutd to
requillre the estaNishTenl of a system of s in ordef to
rerodef In good faith t* cerWca6m required by IM clause
The Wriowk4jige and inkitmMion of the Pm44,cM parti c W
is not reW wed to exceed 1W ovftch is mxma#y po&s-e-ssed by
a prudent perscn wi ft ordinary course of bulikims Jeajings
j Excepi for Owswticris autN um*r paraWf i of
Vwfte N"Uudoft it a �ipaN in a o0mod tnmsaictk�m)
kfKNw#y wMws -n to a lowr tier ooveired transacbm wM a
persm 4* is suspended, debarred. linief9ble- or voluntarty
exckided 1mr partapabon in thm trw4alion. in O"M to
oUw remedies awardable to the Ft -Off* Govemmetil ft
depanmenit or agemy "y terminate l:" tf ansaction (or cause
or defaun
2. C ertlificabon Regarding DebarmeMF Suspensw
Inafigibil ity and Voiu nt ary Excl uil on - Firsi Tier
Parkipwift:
a Tft prospocu" W ber pmtcpwt Cenfies to The best of
its kirimial:%lie vW beW. [hat 0 and ds prwx*4s.
1 I , Are not preserty 1 0 - - F , wispwoded. proposed fcw
debamwl declared roliqb*, or wo0jrOwty exduded hm
pairwWingm covmW trarmoodam by any Federal
departmerilt or agercf.
Z HW4 not -AM atree-yoar period preaschn Ovs
proposal been convkftd d or had a r1ml iudgmefO rendered
agairml thm for conTr4ssion of fraud or a mminal offense m
mwmcbon wM obtwwq attempt ng to obtain or performing
a publk (Feftral. tMir or I i "nsacbon cc urwk*T
a PAAc twmKUw, Aimbon d FederW or State arMTuisl
Sla"e§ or C&jM*$M of W*MZjeMefLt theft, foirqM.
bli-bwy, f*sftabon oir desbuc6w 0 rent. m.*#V fal m
swerr*nts. or reoeMN swien pmperty,
1,3) " ro prmw* OWWed for or cMerMw atrjulry or
mv*y chairgied tyy a Ala! entity ffedker* StEte OF
bed I with of arry of " offeron enumeii-ated in
Wagraph (aXZ) of J" *"f4abon. arm
0 11 Hai vo rKA wOhn a ftee-year puiod precedi this
apO4=fiwVproposW Kad one or mtwe public transacbeins
WidenM Smote or bcail) I.errinmWed for cause or defauO
b, Whff4LL &* prospectrm pa r7K ipwd is Unah4e. to �*dify to
My of the stattm" in tho ceftftahM. Uich pMVective
parlx*wl shmi attach ar. explanalon to lliis proposal
2. Instruclions for Cmilificalion - Lower Ti er'Partic i pants:
�AppWcgbilo to all subcontracts purcNs e orders arxi orw
10%W fiv bWMWKtbnS reqLmriing prmx FH.%'A appfoval Of
os&rmftd to oW MWO or nxxe - d' C F- R P art3 180 and
1?
a- By son% and swxn" 0" pn4mal. It prowcbve
MmW tW- ts pMyx*V ft CWW$CMOn set W bek),4s
b The onlAmem in dw clium is a nNvenail mVesenUtw
of ftwt Am which rehance was .alien Mm trareacbm
was er*ered iinM If It is. Latair dWerm*wd " ft pro2pecOve
kymn Um paftk*wt krxymNy rendeced an enormous
ceftftation, in adMm to other rerriedms avallaWe lo the
Fed" Govemn*fvt. ft OorTrleM. or agency vAt ~
RFP No. 22-201/DL
-52-
dft kvnsocim adgkotbd may pursue sva�able wmedws
MdUMV SAPKwilm wotor debamm"
c. The prw;edive kpmw bff pj snail provide
krooKkMA written rKftt to the person to -,tgch fts pirc9cisal is
subn f V any Urne the Wospearve kY&*( tw parliapwt
IM! rhA rK oeitfta5W wm errWo" by re,"W of
wed Circumstamms
d The terms 'covered trwmaclnn." ddvbwTW,
mlispei)ded. ' "r*igit*.park4xK' �pemw, - -pnFIPpail,
aM "mar f excluded ' as used in dvs clause, are defined
in 2 CFR Par% 180 and Q00. You may contact Ve person to
Whwh Ns pimignal iis a&nMed *)r assistarce io oWarwg a
copy of tiose regkAaborts- Tint Timm CAMered'TrMsacham'
ref m to any gyred Vwmactlion be ten a grandee or
s utV anlee o( Federial fmft " a parbapard (such as the
porneorgenerWwritradl. bLo#w To CANerad TwsacborW
ream to any. covemd Vamacton ~ a Fm* Twi Covered
Tmn%xtw (such as -subwnvami -Fft1Tiff P&rbopaW
nifers to to par is mho has entered into ik covwed
tmnsacbw .-Ath a graiintee or subVanlee of Federal hric�s
(Such as " pflrne or der* OMWWWt I.OmElf TW
ParbmWi- refers any parbogant Ao has eMefed trito a
wyetW try with a FpVrier Farb of o&w Low"
Tier PeftVarft I sut* ws -subwnVackin "sumfims,li.
e The prospectrve kmw W parlicipant agrees by
15UbMMWQ tho PrOOMM #Mt WXW U* propostd Ooytred
UWIS@CkNft be enter e-d rft 4 SW fO IUXYOVrVty Crit-ell' PntD
any kymv bw oared Vw .ith im person who is
debamed. suspgrxW, cl@cUred i neligibrA or voibMafity
exciucled Frwr Wxipalbori In this cowered tranSadK;Pn uhlftA
Whonzed by the department or aperwy --nth,,.1wh ihL!s
trams Orig"ed
f- The paxpeckhm *,-er 1w part pant ftol?ier swees by
stte*ft Oft proposail mal it rill nckAe tjhrs clause titled
'Ceirblikadon Reqarg Debarment. Suspermon, Irw-ligibddy
illiinid VWurlrWy ExcilLmon-Lowu Tier Czirvered Transwtion.'
w&Wrna2%= minall krwerbucoverred tra wbonsand
in 44 solkArbom for kyNw tef cowed "� exot@d ing
ft SMODO Vvesh#d
g- A MV&*GM WN -a wvered trWWClJM may rely upon a
amtkWiw d s pmapedive parbcpaM in a kywer tier omwed
transacdon that is rV debwred, suspended. m4igbw or
VOKMUW#y *XdLdw +rGM ft *Oyentd bwsacw Un"s 0
k rwy,,l thM ft CWKK4bw is OMNODU& A PWN>Pw1 i!%
responsible kv emu" *M b p*6p& we rKA SVSP&rKS-.d.
cieberred, c;rWwwkwinaApt1 to pant ate in covered
mimmatkX* TO verify the m4wty Of " wr*palls. as: WVH I as
the Agbity cOmy kv%w tier prospective parkiWft. ea&
padopaird irray. bleat m " rewmvd to. &*ck the Exduded
PVtWS Lj$l Sys %*We IIMPLLroe �O%e, _VP4 W!a) WhCh 15
CCI I OW by the C*Mwal S� Admoda-abon
k NcftV coitard in the ftmgoing "I t* con-strijed to
reqpkv estab4sNTKO of a systeM of records kM MW to render
in 9cod fAM the ceriftaten PeqL6 by the dause. The
kr*Aedge &*4 Irliftmabon of p&VCpW rS rO "red 1*
exceed tat �,Ihkch is rwrrlailly possessed by a pmilliiwl persim
in trm� ordmary course of bahns dealings
i Exciept far uwwcwm authorized urbeir piaragi 0q a of
these rnstnxiffs- I a panic"pant in a cowed vwsacltkwi
kmy-%wg� enlefs into a 10-VEF tl@F covored. brarisacbm vAh a
,r
person 4w 1S!sLPsp~, debarnid, j._ 196L%, of vduntahly
mudWed hm parlicrpabpn in this transaid*n. in aMtk)n to
o0w rerriedIiies aaiIable to the Federal C-cy-envnefirt. the
Page 229 of 524
A"pEAkW I #14VA9924A- B365-" D4-95 BB-,4AAB9E8 7AC F D
depuinwill or agency *#h &Iham Vus tsmaaon ON wated
" pumue avakbW ranoWiies. inckWWg wnlpension anWor
Cerlificalion Regairding Debarment, Stispensiork.
In e I i g i billi ty and Volu Mary Exclusion -Lower Tier
Parlicipain
:
I T-Re prospective ie-er Tier panicipant cerlrfies bi
sut)missioin of ths pmroposW. that nether it nof ds pampas ;5
presentty cliebaffed. usPerided. Ptoposed kw debWAWK
decAared Pre4qUe, or vdtwU* exok0c-d ftn pw0*Wnq - n
owemd rawcbons by any Federal ftMWWVM OF agenCy
2, Whem the pros true somu tier patiapam is unat4e to
caffy to any of ft statements in thiis cieMkatcn, h
prospearm ant "I anach an explanation to This
pinipa"I
* 0 .0 0 0
X11. CERTIFICATION REGM01ING USE OF CONTRACT
FUN13S FOR WSBYING
This pr:�msw 6 appheabW to afl Federal-Wd oDirisouct1ion
cmtrx* wA Io all Wood sub=ftacts wtkt, exceed
$100 OW 149 CFR 20),
I The pmWectye p*rWW ceMfeq. by signog and
sidytittmg fts bid or propiaul to Ov best of hos or I
i�no,Aedge and belief. 1W.
a No Fe&-ral appKWmted krKS have been d or j.,A be
pad. by or on bOwN of wK*m9r*d_ to any person for
nni1t*mvoq or ar"V" V ilrdUence an &kw or emplo eee d
" Federal agency. a Mai" of Congivmz. an officer or
empl,oryee of ODNress, or an emp"e of a Mernitm of
C4WV_eSr!5 in -owmom wO the inr . arding of any Fedwal
wntrw. ft making of any Foe ral graM, to rnWkM of any
Fetal iow. &pe entering unto of an., OXNNI'athm agmwrwN,
and the exhv"n, conbrumfiw re '-A W_ amendment or
modiftaiticiiin of arty Federal o0mr -w- t 7ant. 100. or
gfabw Jonwortefft
If any ftr4s otW ftm Femora!am Op no: - funds have
bwn paW or AiD be paid to " persm W TrOver":kv or
atbvnpdng to influence an oof or empsoyee of any Federal
agierwy� a Member d Congress an officer or efrpioyee of
ems, or an �yee of a Menter of dress in
connection wO this Fedim mmm, grut loan of
caDperative agreen-eM. " undef&Vned " axnplet* and
sUxnft Sla ndxd Fofm-LLL -Omckyskre Form io Sew
Lobbying," -in accordwmDe 'hill ift mnsvuchom
2. Thm cervilkalm is a niw9eaW feppesentation d fad upm
reli;ame was piaiced,~ fts transwtiion vms mWe or
~W VtW. SutxnmsW of fts WdieWon rs a pwr&eq"e
for makft im er*eYiiV Wft th1% 1TanSad*n rmposed by 31
U-S-C- 1352- Arry person who fails to, file the reWired
ovffcabm sitW1 be subject to a cryi I pert d not less ftm
S I 0,0D0 and noil more an 5100. WO lur each such takre
3. The qmspecthoe parbapant also a9f ees by subm " rh
t*d or proM a1 VW the ppant shall rNuAre that III,*
6vqguage of this aWdir,9x)n be indu*d in all Ix t@r-
subconticts- wtkh exceed S I UO DlX and Thm al.1 soch
rev pienm shall �, armJ disci" aocxydinoy
RFP No. 22-201 IDL -53-
Page 230 of 524
AggopE�kqWi#4tA9g24A-13365A4D4-9589-4AAB9E87ACFD
ATTAC HM ENT A • EM P LOYM ENT AN a MATEFlIALS
PREFERE E FOR APRr4LACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR AP PAL.AC HI AN LOCAL ACCESS
ROAD CONTRACTS
This �wovnw is appllcabW to al Per al -aid projertsi hrded
under the Appalachian Region%t I weX)pyAct of 1965.
1. Dumq tt►,e perfomiance of tars Wit- die omractor
to do *Nk ~ hs, or reasonably may be, don'
85 �ark_*le� �+ rrk, ",I pre enr to q"I Lfil@derrs
MvAwty in tft labor sm as desagr-rat CKX
w%+I eO ft =*w w is s6saed. cx the &-&egkx% or the
of ft Sty whveliin fly am*wf
s"Umed, exoiepf.
a To &* iexWt #W qua tfred prisons regUady r*es*ding frf
the wear are not avail*
b, For the (easonab+e rwoft of f comactw to errs+
surras�rj cx i ally rkl *rK*d pwsonn@ wmssary to
assure an rt execullim of the oDnbwt
For twre wigation of ft wr�trrr to offer to
present r f r omokws as the resuft of a
bargwing owffact provOed hart the nu nbu of
finger r!s Sr<r ra"n � I C) arM
a xceed 20 percent 4O Ow wtai nLrrrbw of
by t* oontractor an flae isa' i work, exoW ae Rmvided n
subpmragr4(4 ] I." e4oee.
2 The coftaclor shah ptne a job Shft
pkl r`*F l Sri -ice ind [ (a� t,1 : cif ffw
Imo, Ira and � � i4 i
ft r4*W d b f t moitw wl in
each s&A. (c) Ow dAnon w h
e�Stw nal es such eimpkyeiiin w d be rrlr W. and (d) any other
piefteni intwmatxxi mqmd by dt StW ErnpV~
Serme to ca pNft top* ordrar 'I m. The job r may be
Oaced mth the Staff &Mbrwt 9mm in wrTtrg or by
0 tf ow -se d die awlawbvd wtwk, ft
i0formatm submrfded tyy fhe in d* oiglilnsl pb
substantkVy nxxifted t* pardievait pmmptty robty
9* State Errol Serv"
3 The owMackv snat1 Erg 1U1 consKseratkmn to al1 q► rfW
of appi icarts °ef e,,j to him by &* Slatft Er npl&rwl
Se -Aw. The s not "wed to grit plot to
any A aoicaM who in his op rww are root qualALd Icy
Wiorm Vw cwss*cXw of ,irk requwed
4. If,'.+r0w we -meek fokrArg the pl.acwg a a fly cr6ef by
dv cor&wWh1tf1 the Mate Err &yrrrent Berke, the Slate
Emmet Sergi is ursabe to reany qualifled Pb
apokmis la ft apmb wkx _ or less than fhe number
MqMrAW, the Staft Ernployrr►ent elr)AM Atli for-% d a
oarftAft to th@ ar mckatmg ffw una vaiI abglity or
OPIA mods _ Suo cer Shall be 11 a part of the
s pnruneirit project recorft. Upon rapt of thm
owMew #* owtaoc#of may empt r poFso s -Aft dc wit
nomiiiildy rnrde in Me latxx ama to fill porAvns 00vered by the
mtfficae, nq the proysKms of subparaiTaph i 1c;1
S. pmwhk�ns of 3 FR 6 7�eh alky i the
to, PcovK1,e a oDM(acW1 preferemeW the
Ueew of fesotyce matenals native to the Appakadiarr
R F P No. - 1 /CAL
_ 4-
6 The contracloc iWu& the prow ! of Sediam I
ftouO 4 of thts AlftndNmenz A in terry subCOMM for wUk
whch rs, or reasonably may be. done as on-s4e work -
Page 231 of 524
A"pEl1[3r9tA9924A-63f 5-34D4-958B-4AA89E87ACFQ
ATTACHMENT "F
BUY AMERICA REQUIREMENTS
Source of Supply — Steel and Iron (Federal Aid Contracts Only): For Federal -aid contracts, the Contractor will
only use steel and iron produced in the United States, in accordance with the buy America provisions of 23
CF R 6 3 5.4 10. Contrac tor will ensure that a I I manufacturing processes for these m aten* al s occur in the United
States. A manufacturing proccss is any process that modifies the chemical content, physical shape, slzc or final
finish ol'a product, beginning with the initial melding and mixing and continuing through the bending and
coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding,
finishing and coating have been completed. [Fa domestic product is taken outside the United Statcs for any
process, it becomes foreign source materi a]. When using steel and iron as a component of any manufactured
product incorporated into the project (e.g, concrete pipe, pre -stressed beams, corrugated steel pipe., etc.), these
same provisions app I y, except that the manufacturer may use m i n i in a] quantities of fore i gn stee I and iron when
the cost ot'such foreign materials does not exceed 0. 1 % of the compensation or S2,500, whichever is greater.
These requirements are applicable to all steel and iron materials incorporated into the finished work, but are
not app I i cab I e to stee I an d i ro n i to m s that the C ontrac tor uses b ut does n of J n corporate i nto the Fi n i s he d work..
The Contractor shall provide a certification from the producer of steel or iron, or any product containing steel
or iron as a component, stating that all steel or iron furnished or incorporated into the finished product was
manufactured in the United States in accordance with the requirements of this provision, Such certiFication
shall also include: (1) a statement that the product was produced entirely within the United States, or (2) a
statement that the product was produced with the United States except for minimal quantities of foreign steel
and iron and specify the actual value of the product. Each such certification shall be furnished to the
A UT HO R I TY prior to i n co rporating the m ater i at into the project. W lie n F H. WA al. I ows the use of foreign steel
on a project, Contractor shall furnish invoices to document the costs of such material, and obtain the
A UTHORITY'S written approval prior to incorporating the mated a] into the proj ect.
FP' o. 22-201/DL -55-
Page 232 of 524
A gqMf?E l I l3r4kA9924A-B36 5-44 D4-95 B B-4AAB9 E 8 7AC FD
FA a rm, -To] 1191 1 �, 14 z I
PERFORMANCE AND PAYMENT BOND
,BY THIS BOND, WE, , Inc., as Pirincipal and
a Corporation, as Surety, are bound to the Solid
Waste Authority of Palm Beach County, hereinafter referred to as "Authority", in the sum of
Dollars (up to $10,000,000), for payment of which we
bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if' Pry ncipal:
Performs the Agreement dated P 20 between Pr not pal and Authority for
Proposal of Hurricane/Disaster Debds Removal, Reduction and Disposal, Agreement No. 22-201, the
Agreement being made a part of this bond by reference, in the time and in the manner prescribed in the
Agreement, and,
2. Promptly makes payment to all claimants, as defined in Section 255.05(l), Florida Statutes, supplying Principal
with labor, materials and supplies, used directly or indirectly by Principal in the prosecution of the work provided
for in the Agreement, arid;
3. Pays Authority all loss, damages, expenses, costs, andattorney's fees, including appellate proceedings, that
Authority susta ins because of a default by P rind pa I u nder the Agreement, and ,
4. Performs the guarantee of all work and materials furnished under the Agreement for the time specified In
the Agreement, and;
5. At completion of all work covered by Agreement and Final Payment by Authority to Principal then Principal
will replace this Performance and Payment Bond with a Proposal Bond, in the amount of 5% of this
Performance and Payment Bond, to be held by the Authority as a guarantee that Principal will provide to the
Authority a Performance and Payment Bond in the amount of up to $10,000,000 on the occasion of a
subsequent Task Order in accordance with the above referenced Agreement,
then this bond is void; otherwise it remains in full force.
Surety shall be responsible for any and all liquidated damages 'imposed by the Authority for the referenced
Agreement.
RFP No. 22-201/DL -56-
Page 233 of 524
AQendaJtemA4---'7AA_Q`4A.9_AA rM _GrQQ A A A nQF- 07A r"Cr)
Any changes in or under the Agreement Documents and compliance or noncompliance with any formalities
connected with the Agreement or the changes does not affect Surety's obligation under this bond. Any increase in
the total Agreement amount as authorized by the Authority shall accordingly increase the Surety's obligation by the
same dollar amount of said increase. CONTRACTOR shall be responsible for notification to Surety of all such
changes.
See subsection (2) of Section 255.05, Florida Statutes as amended for the notice and time limitations for claimants.
Signed and sea led this day of
PRINCIPAL:
M
WITNESS
Marne:
1.
Title:
2,
Address:
WITNESS:
1.
2.
Telephone:
SURETY:
0
Name:
Title:
Add Tess:
Telephone.
Signature
Signature
NOTE: Date of Bond must not be prior to date of Agreement- If CONTRACTOR is a
Partnership, all partners must execute bond.
IMPORTANT: Surety companies executing bonds must appear and remain on the Treasury
Department's most current list (Circular 570 as amended) during construction, guarantee
and warranty periods, and be authorized to transact business in the State of Florida, and
be pre -approved by the Authority.
RFP Na_ 22-201/DL -57-
Page 234 of 524