HomeMy WebLinkAboutAgreement_General_7/14/2022_CrowderGulf/SWA5629 Commerce Boulevard East
Mobile, Alabama 36619
May 16, 2022
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
CrowderGulf
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: m()
Date: 1,- 14 - AtIL.
PUBLIC RECORDS. In accordance with Sec. 119.0701, 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@teauesta org 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.
"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 ("WX"), Web Accessibility Initiative ("WAI"), available at
www.w3.org/TR/WCAG/."
E-Verify Affidavit
Bid/Proposal Number:
Project Description: ri r n O"s e r m , �o cion D-1sposal
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 tern 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 h"ps:/./www.e
verify.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(1)(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-Naile
Print Name
STATE OF FL Bt ALABAMA
RAC N413 . C-_! c96N4* MOBILE COUNTY
01-0626019
Federal Employer Identification No.
May 16, 2022
Date
President
title
Sworn and subscribed before me by means of rX physical presence or ❑online notarization on this 16 day
of May , 20 22 by Ashley Ramsay-Naile who is personally known to me or has produced
hT4 mentionedaas identification and who did/did not take an oath, in the state and county
fyMi, bo e.
AJ"L
Notary Public (afflm 3ea1) K E R R I E A. N O L L
Notary Public, State of Alabama
My Commission Exp ires: / /�t(J (� Alabama State At Large
My Commission Expires
September 14, 2022
YOUR PARTNER FOR
SOLID WASTE SOLUTIONS
AGREEMENT FOR
HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION AND DISPOSAL
BETWEEN
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
AND
CROWDERGULF JOINT VENTURE, INC.
AGREEMENT NO.22.201B
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
7501 NORTH JOG ROAD
WEST PALM BEACH, FLORIDA 33412
(561)640-4000
TABLE OF CONTENTS
ARTICLE
PAGE
1.
Effective Date and Incorporation of Recitals.........................................1
2.
Services to be performed by Contractor...............................................1
3.
Compensation....................................................................................1
4.
Insurance...........................................................................................
2
5.
Standard of Care................................................................................
3
6.
Indemnification...................................................................................
3
7.
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 of Funds............................................................................4
13.
Authority's Responsibilities..................................................................4
14.
Default................................................................................................4
15.
Termination for Convenience..............................................................
5
16.
Uncontrollable Forces.........................................................................5
17.
Jurisdiction, Venue, Waiver of Jury Trial and Remedies .......................
5
18.
Commercial Non -Discrimination Policy ................................................
5
19.
Waiver................................................................................................6
20.
Severability.........................................................................................6
21.
Entirety of Agreement and Modification...............................................6
22.
Successors and Assigns.....................................................................6
23.
Contingent Fees.................................................................................
7
24.
Truth -in -Negotiation Certificate............................................................7
25,
Ownership of Documents....................................................................7
26.
Public Records, Access and Audits .....................................................
7
27.
Inspector General...............................................................................9
28.
Notice.................................................................................................9
29.
Contract Administration.....................................................................10
30.
Key Personnel..................................................................................10
31.
Equal Business Opportunity Program................................................11
32.
Scrutinized Companies.....................................................................11
33.
Agreements with other Governmental Entities....................................11
34.
Third Party Beneficiary Disclaimer.....................................................12
35.
E-Verify - Employment Eligibility.......................................................12
36.
Confidentiality...................................................................................12
37.
Payment Adjustment Schedule..........................................................12
38.
Order of Agreement Activation/Location Assignment ..........................14
39.
Task Order/Performance... ................... ............................................
14
40.
Bonds...............................................................................................14
41.
Florida Highway Administration (FHWA) Form 1273 ...........................14
42.
Buy America Requirements...............................................................15
43.
Disadvantaged Business Enterprises.................................................15
44.
Certification Regarding Suspension and Debarment ..........................15
45.
Access to Records and Their Retention.............................................16
46.
Audit Requirements..........................................................................16
47.
National Environmental Policy Act(NEPA).........................................16
Agreement No. 22-201 B - i -
48.
Americans with Disabilities Act..........................................................16
49.
Compliance with Title VI, Title VII and other Federal
Lawsand Regulations.......................................................................16
50.
Convict Labor Prohibition..................................................................17
51.
Certification Regarding Lobbying Activities........................................17
52.
DHS Seal, Logo, and Flags...............................................................17
53.
No Obligation by Federal Government...............................................17
54.
Program Fraud and False or Fraudulent Statement or
RelatedActs.....................................................................................17
ContractExecution...........................................................................18
EXHIBITS
A. Scope of Work..................................................................................19
B. Fee Schedule................................................................................... 36
ATTACHMENTS
A. Task Order Disaster Debris Management .......................................... 39
B. Pre -Approved Temporary Debris Management Sites Map..................40
C. Public Assistance Program and Policy Guide.....................................41
D. Mobilization Schedule.......................................................................42
E. FHWA Form 1273.............................................................................43
F. Buy America Requirements...............................................................55
G. Performance and Payment Bond ....................................................... 56
Agreement No, 22-201B - ii -
AGREEMENT FOR PROFESSIONAL SERVICES
E�-
This Agreement is made and entered into as of /4P)ZZL 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 AUTHORITY, the Parties), a Corporation, whose Federal Employer ID Number is 01-0626019;
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 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 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 Work, attached hereto and made a
part hereof as Exhibit 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 with 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 - 1 .
the Task Order number. Invoices shall include a statement of progress and appropriate audit quality detail to
satisfy the Federal Emergency Management Agency (FEMA) requirements.
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 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 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 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 Florida and acceptable to
the AUTHORITY.
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 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 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
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 -
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
5.1 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 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 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 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
this 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 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. 22-201 B - 3 -
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.
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 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 under 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 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 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 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 satisfactorily 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)
repeatedly fails to perform; or d) does 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 default or that the default was excusable (e.g., failure
Agreement No. 22-201 B - 4 -
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.
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
Services shall give five (5) business days prior 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. 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
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 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 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 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 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.
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
Agreement No. 22-201 B 5 -
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 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 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 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 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 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 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.
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. 22-201B - 6 _
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 - TRUTH -IN -NEGOTIATION CERTIFICATE
24.1 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 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 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 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 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 119, 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
RECORDSCUSTODIANC&SWA.ORG
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.
https.iidos.myflorida.corn'library-archives/re(;ords-manaaemenfQeneral-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 within Palm Beach County for purposes of
Agreement No. 22-201 B - 7 -
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 the performance of this Contract; ii) acting on behalf of the
AUTHORITY in the performance of this Contract; iii) that it has read and is familiar with the Florida Public
Records Law, Ch. 119, Florida Statutes, as amended, and both understand its responsibility 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 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.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 AUTHORITY's request from the AUTHORITY's Records Manager; provide the 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
possession of the CONTRACTOR or keep and maintain public records to the AUTHORITYupon
completion or termination 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. 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.
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 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.
Agreement No. 22-201B - 8 -
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 (OIG), 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
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.: 561-640-4000 Fax No.: 561-640-3400
AS TO CONTRACTOR
CrowderGulf Joint Venture, Inc.
5629 Commerce Boulevard
East Mobile, AL. 36619
Attention: Ashley Ramsay-Naile, President
Office No.: 646-872-1548 Fax No.: 251-459-7433 E-Mail: jramsayC�crowderqulf.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 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 -
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:
Nick Pratt — Director of Field Operations
Cell No.: 251-402-5566 E-Mail: n ratt crowder ulf.com
John Campbell — Regional Director - East
Cell No.: 859-963-8672 E-Mail: cam bell crowder ulf.com
Buddy Young — Regional Director - West
Cell No.: 940-5974252 E-Mail: byounq(@crowderqulf.com
Don Madio — Regional Manager - FL
Cell No.: 813-285-8749 E-Mail: dmadio(d.crowdergulf.com
Reid Loper — Vice President/Senior Project Manager
Cell No.: 678-477-3755 E-Mail: rloper crowdergulf.com
Wesley Naile — Contracts Manager
Cell No.: 251-533-5585 E-Mail: wnaile(akrowdergulf.com
Margaret Wright— Documentation Director/PHD
Cell No.: 251-604-6346 E-Mail: mwright(a)crowderqulf.com
Leigh Anne Ryals — Emergency Management & Quality Control Specialist
Cell No.: 251-751-8660 E-Mail: Iryals(a)crowdergulf.com
Jeff Zemlick — Safety Manager
Cell No.: 251-509-9422 E-Mail: izemlick(a)crowdergulf.com
Wilber Ledet — Senior Project Manager
Cell No.: 228-326-5915 E-Mail: wledet(@crowdergulf.com
Matt Lucas — Senior Project Manager — East Coast
Cell No.: 609-731-2858 E-Mail: mlucas(aa-)crowdergulf.com
Andrew Sprinkle — Project Manager
Cell No.: 251-423-1100 E-Mail: atsprinkle agcrowdergulf.com
Howard Turner — Project Manager — East Coast
Cell No.: 804-814-6197 E-Mail: hturnerftcrowderqulf.com
Isam Brisco — Project Manager
Cell No.: 512-373-0586 E-Mail: ibrisco(cDcrowdergulf.com
Agreement No. 22-201 B - 10 -
Joe Hayes — Project Manager
Cell No.: 561315-1360 E-Mail: jhayes(cDcrowderaulf.com
Lew Najor— Project Manager
Cell No.: 850-393-9985 E-Mail: Inaior@crowdergulf.com
Barton Holmes— Project Manager
Cell No.: 864-906-1671 E-Mail: bartonCUrowdergult.com
ARTICLE 31- EQUAL BUSINESS OPPORTUNITY PROGRAM:
The Governing Board of the AUTHORITY has implemented the Economic Inclusion Policy administered by the Equal
Business Opportunity (EBO) Program Office to ensure that all segments of its business population, including, but not
limited to local, small, minority, and women -owned businesses, have an equitable 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 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 certifies 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 Companies With
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 AUTHORITY determines, using credible information available 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 F.S. 287.135. Said certification must
also be submitted 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, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder,
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.
If 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 or twice
the amount of this shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted 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. 22-201 B - 11 -
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 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 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 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 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 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
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 CONTRACTORSs costs. Therefore, 90% of the approved rates shall 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 CUSROOOOSEHG, as published by the United
States Department of Labor, Bureau of Labor Statistics Qwww.bls.gov). 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 -
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
Calendar:
Annual Payment Adjustment Calendar
April April
2023 2024
Extension Clause Annual Payment Adjustment Schedule
April
April
April
2025
2026
2027
37.3 Activation Fuel Adjustment (Fuel Surcharge/Credit)
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 (OPTS) 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 example:
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.
Agreement No. 22-201 B - 13 -
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 ACTIVATION/LOCATION ASSIGNMENT
The CONTRACTOR has entered into a contingent Agreement with the AUTHORITY for Hurricane/Disaster Debris
Removal, Reduction, and Disposal. The Agreement awarded will 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 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 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 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 will be required to provide a daily report of quantity of work performed under each
Task Order. The daily report shall be submitted by 11:00 a.m. or earlier the following morning.
ARTICLE 40 — BONDS
CONTRACTOR shall maintain a Proposal Bond in the sum of $500,000. The CONTRACTOR' 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 CONTRACTORSs scope of service. In case of hurricane
caused damage, a Category 1 storm would require a $2,000,000 Bond, a Category II 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 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' 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 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 "contractor" 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 participant",
"prospective participant", "participant" or the like. The CONTRACTOR will perform the duties and obligations
of the other contracting parry 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 "linked" to a particular Federal Highway.
Wage rate tables may be found at htto://www.dot.state Jl ustconstruction/wage shtm. Said wage rate tables
are incorporated into and made part of this Agreement by reference.
Agreement No. 22-201B - 14 _
ARTICLE 42 — BUY AMERICA REQUIREMENTS
The CONTRACTOR agrees to comply with the requirements of the Federal Buy America 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 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 with the requirements of law
and the AUTHORITY, FDOT, and FEMA, to the extent applicable.
ARTICLE 43— DISADVANTAGED BUSINESS ENTERPRISES
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 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
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
FDOT, report its DBE participation monthly on the Equal Opportunity Reporting System located on the Florida
Department of Transportation's (FDOT) website found at www.bipincwebapps.com/bizwebfiorida/. 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 transaction for purposes of 49 CFR 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 and/or 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 -
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 justify 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" 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 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 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
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 authorized or required under OMB
Circular 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 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 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 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 regulations
of the U.S. DOT, FEMA, 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 Title VII 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, 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.
Agreement No. 22-201 B - 16 -
ARTICLE 50 — 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 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 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.
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 Witness Whereof, AUTHORITY, and CONTRACTOR have made and executed this Agreement all as of the day
and year first above written.
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY:
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2.
APPROVED AS TO LEGAL SUFFICIENCY:
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Howard J. Falcon, III
General Counsel
ATTEST:
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Approved by Authority Board on April 13, 2022, Item No.: 9. C.1
Agreement No, 22-201 B - 1 g -
By: t
Daniel Pellowitz
Executive Director
(SEAL)
APPROVED AS TO TERMS AND
CON ITIONS:
Signature
Print Name
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Title
CROWDERGULF JOINT VENTURE, INC.:
AuthoriYed Si are
Ashley Ramsay-Naile
Print Name
President
Title
Date
(Affix Corporate Seat)
EXHIBIT "A"
LL_��COPEF WORK
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 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 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 reimbursable
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 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 assign/reassign any or all
CONTRACTORS at any time as may be deemed appropriate depending upon the
Agreement No. 22-201 B - 1 g _
EXHIBIT "A"
circumstance(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 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 if awarded an
Agreement.
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 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
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-
EXHIBIT "A"
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
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 removal and lawful disposal operations. Disposal of debris will be at
AUTHORITY approved TDMS or landfill sites. The CONTRACTOR will be responsible for the
lawful disposal of all debris and debris -reduction by-products generated at all TDMS.
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
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 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 bring 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 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 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 CONTRACTOR is responsible for
all activity at TDMS operated by their subcontractor and must have an employee on site at all
times to oversee daily operations. The locations of both publicly and privately 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
TDMS may change during the term of the Agreement.
Agreement No. 22-201B - 21 -
EXHIBIT "A"
I. 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.
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. Batteries
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 inadvertently
delivered to a TDMS.
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. 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,
5. SCOPE OF WORKIOVERVIEW:
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 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 Hauling Material from TDMS to final destination.
Agreement No. 22-201B - 22 -
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
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 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 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 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) minutes will be considered unacceptable work and non-payment of that time will 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-
EXHIBIT "A"
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.
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 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
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). 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.
6.2.1 Removal of Hazardous Leaning Trees and Hanging Limbs
a) Under this contract, work shall consist of all labor, equipment, fuel, and
Agreement No. 22-201 B - 24 -
EXHIBIT "A"
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 (3') from 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:
i) 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 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 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 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 order for hazardous stumps
Agreement No. 22-201 B -25-
EXHIBIT "A"
to be removed and eligible 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.
(ii) Clearing debris from residential private and public road right of ways.
(iii) 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 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, 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 life-saving measures.
(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 -
EXHIBIT "A"
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 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 FFMA 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 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.
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 .
EXHIBIT "A"
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.
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 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, 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 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 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 TDMS which may result in non-payment to
CONTRACTOR.
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, 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
certification with them at all times. Placards must remain on both sides of equipment.
Agreement No. 22-201 B - 28 -
EXHIBIT "A"
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 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.
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 TDMS by an
AUTHORITY TDMS monitor. The estimated quantity will be recorded on the electronic
load ticket. The AUTHORITY TDMS 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.
TEMPORARY DEBRIS MANAGEMENT SITES (TDMS) OPERATIONS
7.1 General
A. The purpose of this section is to define the requirements for TDMS Operations after any
catastrophic disaster within Palm Beach County.
B. The CONTRACTOR shall use only TDMS designated by the AUTHORITY Emergency
Management Coordinator.
Agreement No. 22-201 B - 29 -
EXHIBIT "A"
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 minimum, one flag person shall be
posted at each TDMS 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 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 TDMS. The CONTRACTOR shall begin removal of Construction and
Demolition/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 closeout/restoration 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/closeout/restoration 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 TDMS Reclamation is included in the 2.0 cubic
and 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 TDMS 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 - Price Proposal. 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) 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 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 Yz mile of the
site's entrance shall be cleaned daily by the CONTRACTOR. All pre -storm
Agreement No. 22-201 B - 30 -
EXHIBIT "A"
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 TDMS.
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 1
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 TDMS 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
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
using cubic yards from incoming 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 -
EXHIBIT "A"
3. Daily and cumulative hours for each piece of equipment, if appropriate
4. Daily and cumulative hours for personnel, 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 $25,000.00 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. 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 Proposal Form 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 TDMS 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 TDMS 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:
Quantity (loads and cubic yards)
Owner information
Site where mulch / reduced yard
waste material generated at TDMS is disposed, to include
Agreement No. 22-201 B - 32 -
EXHIBIT "A"
address/GPS location.
4. AUTHORITY will determine final private or public Construction/Demolition debris
disposal/recycling facility.
9. MISCELLANEOUS REQUIREMENTS
9.1 TDMS 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 TDMS 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 TDMS 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 designee.
9.3 TDMS 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 -clearing, 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 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
Agreement No. 22-201 B - 33 -
EXHIBIT "A"
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 6" posts. A 4-foot high wall
constructed of 2" x 4" studs and 'Y2' plywood shall protect the perimeter of the floor area.
The floor area shall be covered with a roof. The roof shall provide a minimum of 6'-6" of
headroom below the support beams. Steps with a handrail shall provide access to the tower.
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 grinding 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 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 liquidated 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 $200 for each
occurrence of the following infractions:
Agreement No. 22-201B - 34 -
EXHIBIT "A"
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 may be 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. 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 performed in the designated
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.
Agreement No. 22-201 B - 35 -
EXHIBIT "B"
FEE SCHEDULE
PROPOSAL FORM P`[ICE PROPOSAL
PART A - YOLUUE BASED PRICING FOR 1LOW 000 CUBIC YARD tCY) DEBRIS DISASTER
I hseuDEscrnanor EPMATED PRICE 1 ErIJf w
0"'M" tlnrr I PERCY
t j 1.0 PLb-c PMPQ IY and Riga of wily CPI ectrx, Lcadrg -
Wid HaukV W a di-vqwtodrD+s—.-
A Vegelabr. 2 500.000 I t r $8 25
_ � $20.625.000.00
8 Consttucton Oebns I mad Detnn SiA 000 j { $8.25 I $4.125,000.00
2-a IOMB Ope'ra`DOn tC roX* pW�tof nW tang
j roasts. Pxtade bpeb keel n9 a►&,tt- and adpcent I3.no0 oa0 cr $0.25 5750 OOO OG
I roans yea sane 9acan o+ ho tw, dotm - — -
War Pre rrwagemwt, and Phase I Redamation
- --6---
3.0 Pracessrng f debts 1=0 gmda>g awor 4Rppnp I 2.500,000 ar WN $3.$0 $8.500.000 CU i
hono+ lof C�bD f111 n yu.M-Tv C --- -
4.0 Loa&V. MAxf9 and 0wrq A00 Chips tow t 1
destnatort (Tbh raft includes doposa►cosq - I t.�,� ': �+ $6,75 se.750.000.0o JI
i0 Loamrs3 end A 4fV d w*kcbm dcbrs andor Iwd -
1 dons It= TDMS tD a pcmdtcd c&o recydsV gd:,ty or
any cthe dla:grated Dks/,ual Fac7tty (This rele a all
i9_L include disposal costy. Based on miles Imm
f _ TDHS to final desimadarl- T tray_
f A 0 s 20 mien 500.000 C+ $4.40 1
r
B ),20 s 50 mde; 500.000 i I.• $5.50 _
- - > 50 s too codes 500,OD0 Lf $7.80 =-
iAVERAGE: (hem 8 0 aC} $5.90 ---
AuERAGE: plain 5 0 Ac) x s00.000 CY • s 2.950 000 00 1
-
TorAL PROVOael PRKF (Berns r 0 51j 1 s 45.7G'300 000
PROPOSER MI/iT PROVIDE PRICE FOR ALL UHF ITEMS I TNRU e. FAt1URE To fin 30 NA Y RENDER YOUR f'RUPOSA L To BE
jOFEMED M0N-RFwI.gsrvE
i Und Paces tx4ess othensne mdutcd %Nall r�:Iude at bbo, looerator, lal,crers suoctirsors and "Icnal% a lu4ng tat non
Intact to slpP!es eWpirert ma+ntwxrt, repays repas part, hats I*M&n+a, col day Phonon- lransporlatnn erRf houaap
d rI",rt ed meta scary to accomplish the Dr?mx The nuartrhes and d,sHttons are estrrrated br the ptrKst of rnekng an
a«ard Lccanas d stes debts cuentlres destneors rnWnM dPnatres ec may dfe, ubrta y n a1 ectual d-sWer
Assut10" 3 C010]O wt c yaT3; of deters airs" d 2.500 Ot)'3 cut- yards of wg"cn debts xr) 5W (W.0 -- be ya e.,
o? mixed debne
i
RFPW 22 20110L Fe 3� +er n y 2022
Agreement No. 22-201 B - 36 -
EXHIBIT "BFt
PROPOSAL FORM 3 - PRICE PROPOSAL
PART 8 - HOURLY RATES
1DYSSEt-uoAxOCLOSURE D C �
AND EAAiS LEARAt.CE
-- r
FOR ACCESS • Oo110N41 LSE BY COUN
-- ---- u- _-- -.�,—
�
i
1
I
i
i
l
I
Atla:h a0drmar sheaf wr'h equip ;erN W and IV4r fees I neede
P-6h Crew 1 la> ter or skidsve, 2 SaMA -ll is I foreman - T34n DO Per tv-u
RF P Ha ;Q-20UDL 40 -
L
Jalw,-j .02i
Agreement No. 22-201 B 37 _
L.
TY ANC OTHER GOYEra•kiERTAt ErtriifEg
EourPMf NT AN: LADOrt RATES
I
f HOURLY HOURLY To'rlt,
E9UIP►E4? TYPE EounEUT LABOR Halalr
RATE RATE —RATEtI
foGcat Lour 9000 3800 _ 128 Co I
Crew Foreman ,rr Ce1 Phase aril Pickup - - - - 7000 tb 00 66.00 --
DCTEt, T•acletl, plrj a su^riar
10300
17�] QO
t25.00
135 OG
3600
3600
3A 00
— 39 00
13800
14800
Deer, T•acRe;, DG a smear
Dn7er, TackeC, DI a srr•kiar _
16300
Dc;rer, Tracked, 08 a s:mlar
Dump i-uf4 18 CY•i0 CY
t r.r at
6:� 00
70.00
33 0:
9800
Oump Truck, 21CY-30 CY
General:r a•d lrphirp (E k'e':,
Grader w! 17 Bade
3s.a• toes oG
C. �, 15 �
3800 t88.0�
3500
t50.00
730.D0
tiydraun; Excavator. 15 CY
Hyd•au� Excavates. 2 5 CY
3A 00
168.60
14000
180 GO
10 cm
38 GO
38 G0
3800
t>•8.0p
218.00 111
48
Kr:rDk:eboon Load*
LaD,rt:r w! Ctarn Saw
LaD.rer w.r s^ta'I tcQEs, h� c cDntrol, f aSl persc• 0 00
3800
38 00
80 00
38 OCR
738.00
Laaiwr Trace, W Tra]�r
100 CO
Operarons 1Aa-xler vd Cell Pttatie and FxkuP
20.00
_
60 00
,Pewe i nKk, .5 Tor' _ �
2000
6500
55 00
20 DO
�Sa' Corrpad7r 81 FP.
38 00
3800
10300
Ca"pa[I.;r t0 80 N F
99 @0
83 CO
Sal Compactcr, Tcwr:d Unr;
4500
38.00
TN�k Ftadled
50.00 3800
385 G: 36 rxl
so DO
Tut; GriCer. 80010 1.400 HP
43s 00
123 00
YJa:a Truci
— B8 OG 3P 00
YJheel La-tder, 25 CY 950 Or g+ndar — —
1200, 3800
15E 00
ti+Yhc4:! Loader, 3 5-1-D CY �i6 or ssslar
130.0G
38 0�.
768.00
_
Wreel Loader 15 CY 980 a stn lar
140 7r0
05 tH
38 00
38 DC
778.00
'23 00
--
1YY.ee: l,ader-Earktne, 10.15 CY
Other -Please list
PROPOSAL FORM 3 - PRICE PROPOSAL
PART C - UNIT COST SCHEOUt E
ITEM
KAMMM STUMP WM AL. H4{A1rf0. AND DIVWAt
UhrT
L"7
_
Cast
I
14-irch dr>Yneta: to 48 994,dr "n9k,
S"
2
49-erd drameW and grtifer
Spy
3
•
5tw•rp Fill De - Fd dal tv atom tioles otter re"M4
- _. Nl1iApD0U5►IAIIGING 11YB3 ryIANGERSy
- — -
� - -
$20 00
1 --- -.
To r&L* remove d an hwwv knbs
_ -- Lintz to be art and pieced m the rr t d way Fa m0eden as veyelat ue detrs
4
-2�nchc, r andgredw
irae1$90.00
HAMDM5 TREE fti& t
Treys to be draft aA at Wmm levee and dad, the sj , of way fvr reTwva as veaeEaNre thbrs
i —
5
r
Eirch darrder b 1199-inch doa.Tvefer
Tree
I
$5°.00
5
12 rrh demote, to 13 99,r%h 4oftier
Tree
I$160
T
14-mch derneW b 35 49,nch dame er
Tree
$290
8
:G r1Cft dame'e b 47 99,vch d*rMkrr
lfee
$340
8
48 aKh dierne-er and gteatet
Tree
S4 00
NOTE
Thr frAov--rig n mtoratatwrt ady and wr l NOT be cc-•adered,n Ou evai.jaarar U R •s RFP
Tho AOTHNI l Y reserves ew rqM to rrv. this contra I t, lwf dle swat q-,xttits d debris rerruval and as snppon for our
FraTc4se Ca'tach as needed S&w is a dadr rain to renwve debris The AJTH(lil TY w 1i pay fur br disposal cast There
ac rc relrw"-0: b rtovdc a ,V a h,,wever A you do we ex;, -a y" cqr jy to t a+.ar p,Q Sp?KJAo seven. aM respond wthn
48 Mrs at ft rwe below
COIIECVIM BOW* CWLV
EWpYENt Nay RATE i
110tRSOAy) —_
<wA ebxn r loader and CWalor i 3 3 400 0[
RFF N) i?- ( 1 D1 Rev 41 Jincare 2Q.
Agreement No. 22-201 B
- 38 -
EXHIBIT "B"
ATTACHMENT "A"
SOLID WASTE AUTHORITY
OF PALM BEACH COUNTY
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 (Contractor) contract, with the Solid Waste Authority of
PBC, Florida, (AUTHORITY) Agreement No. for Hurricane/Disaster Debris Removal, 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: Date:
AUTHORITY Signature: Date:
SWA Use Onl
SWA Requestor/Monitor: Date:
SWA Dept. Director: Date:
Vendor No.: Account No.: Project:
Purchasing Budget: Accounting:
Agreement No. 22-201 B - 39 _
3016'Glida TS
ems# and of W,
4 lest
I Street Sout
SWA DEBRIS SUES 2022
SWA Service Areas
ATTACHMENT 13))
Indiantown Rd 2j. I
PI eov�
WA Ow
q <0
o
Okeechobee Blvd
State Road 80 - - LI vp
Agreement No. 22-201 B - 40 -
6
For'
Fore
>
Lantana Rd
_7
Ln
iN Ln
0
VV Union Blvd
LI
W Yamato
Rd -
Glades Rd
Pj,."!Pwk qd
0 C,:!,,� SI-I".,
4
8
Miles
ATTACHMENT "C"
PUBLIC ASSISTANCE PROGRAM AND
POLICY GUIDE
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:
https://mvw.ferna.govlsites/default/files/documentslfema pappg-v4-updated-links policy 5 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 closeouts 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 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:
• designate a person to coordinate 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 regarding record -keeping.
Agreement No, 22-201 B - 41 -
ATTACHMENT "Y
MOBILIZATION SCHEDULE
CONTRACTOR shall commence mobilization of equipment, operators, and laborers immediately upon receipt of a
Mobilization Task Order to meet the progress pattern set below.
Category 1& 2
Category 3
Category 4
Category 5
Within 24 hours
25%
25%
20%
159/16
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, 22-201 B - 42 -
ATTACHMENT "E"
FHWA-1273
REOUMt M CONTRACT PRDVtS#OM
FEDERAL4W CONSTRUCTION CONTRACTS
G i_ ertra
11 Npa"mlmrmon
la. fh�lL
1V ==WN10 RWAW Ad PraNtbK
pawisaons
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vU tasty AOMM tiww"
vul fags! Su6--is Ca --v Prget3
lX I VWWIWRUW Of C*M Ar Ail and FeOlra W aer
POWNIN COF" Ad
x Cw*Unce of Gorunmeamcw .Ri+.+60@ or ano
7C1. Celvacaaon Regaalnq LMO of Cortract Funds tar
Lob"
ATTAC+1'WNTS
A Gnploytnrt XW Mgltan PrWNWWe Qr Appia=W
DeYldpnert hap" -.YW n orApPiWhUn UZA Access
Rana CaW3= (ncwed in Appmmw awwwa wW
1 GENER.AL
1. Foan FHWA-1273 MUU ae p NpWmy noorporaea n eacn
OD1X`J J=n OW Was %flag MW Tie 23 (ftMA rg
emryeney oanraals sa ery rgb10e01Dr oebK nmava The
oaRnctor for uaoWttaaw) mum eW M less toms in earn
"00W YYt ala awvw n *AM n k=WW n a6 10aw tier
suboWaraat (tadlrMrtg purcru" omen. WCO agreerentt
and cow aw"m m fir V4*"s or somm t
Tt* appllr-bte ngYrtrnMtt Or Earn FHWA-1273 are
t10alpaaed by re*rence ibr Wart Wor* lndr an) pLw:r%xe
oroar, Nsta aweartent W aglernrs tar Dater services The
prates aonraaw snag be rWcparrstpe tO CWnpsarroe try y-Y
sragaorlDa=. bwer4w &AMw ta= or K"M pro <w
Firm FHWA-1273 must be ntllmld in ai F"aa' a1a aeW -
OtrOO c=ww , In as LU=Wram zv a in low Der
aoaormaca (eefssv "Scar wal for dew,, cervr-"
pufdtate w"M /rtal awr6lf'w t a1a MW awevr crm War
upon a GWOOM) The oetlgr snags be nspawde
by Jny Subcortw1 r. vvw4 H subWrtraC3or
C VaC3rtg 2rAOft "reagrtrre Faint FHWAA273 n. bia
re#2f
Fmnf A�Tn fi+PAPacai aoarwtts. tareatr. ne
drrsf plgstcasy ttootporamp (nd
eriCta) h a1 CanCaaii. YAraorlGaCsi Yid tbalr-0N
"aowums (etaalang NVOW a Wden. rwcx agreen e-s
ana cow agreement for k*06" W srwo t retaea t0 a
cummucsorr, Cam: ww
2 rSLq@a to um appsrmmy cmna rotes in Oie ** AN
"awn, etas! avaa prbAMM snag apply to age wars
Peetxmea on Ste ODretaot Dy VW OW02OW S own OrqalZ7bon
and welt ate 3644 nbe of WOMM UrKw me oontracom
nentwte super wwW%oe &W 10 ai leaf perbwn" on tie
OOMad by pteonrars, sUbon work or oy suboor&=
Agreement No.: 22-201 B - 43
J A UrlaU1 d fiery d ne sOq{{ilpns carta"n mm"
Regtwaa CaxlMaet PrOYlfiDfi Wes/ b! "no" yralnOs br
araebi0trlg d plograss palenrts, INa17CNag d ItrHl
profte L lydanason or IN awwaet sapsnitart I awlanlM
or any Doer aaal aaearrro io ow appropraoe Dy /n
oonvaeeng agrtq ana FtanA
6 :*+!Cagan at L WW Dtnrg are prtarnaloe of pa Coro aa,
sie CWWMCIar sl» nag u6e carats Labs la ry WpOW
wttm a1! Mrs of a aonstrucaw pb)W a1 a Fedwaab
tsgrway leittss R s taoor penbmleo Dy wntsaa *ft are Or
PZMW salprt "RftaW of plmaborL The WM Fe*"-aM
:YV' am not rxkmat rOaa'says M1Ivw to ft ciacs)ea as
rood roast Or naafi MW oaeeatas
■. NONDOCRMiW"MN
The Provislorls Or M seMon Rla*O D 23 CFR Pat 230 are
to at FeaN7-aO OWIMU = Oa'lfaCfi ala b m
rstaft OW1smacton smoonaram at Sle aw a non. Tna
PUMOM d 23 CFR Pat 230 we not appttble b "UMMr
&*". WVWWreg, at a Wdlwa sewer! DW - -
n A22aort me mltaa w ab ae smoansaceors nao - - 4 1
wrai the Potsaee ENOWka G OR 11246. 41 CPR 60.
29 CFR 1525-1 . TRie 23 USC SOON t/Q bte
ft-- tJlDM Ad d 1973, i anWdW (29 USC 794L TMe VI
d sw C11A RIgh16 Ad of 19U. as anrtaaa. am facow
m9L'U oeie M. JSV 49 CPR Pars 21.26 MW 27, ald 23 CR
Parts 200. 230. and 633
The nortra= ana a6 tIOCOnw3dom nvjg am" uW 1K
1.4(D an O EW21' OP � In 41 CAR W
saoeeatrg StaA=.
sle n O Feaerx Equa Enplayrwn Oppomwity
Carlstlx W COrsrae SPIM400116 in 41 CFR 6&A 3
NoteTN! U. S OEC ar4'A! t d L.>Od bags ei4{itVe aOtOflty b
*-Iwm*te Co-XWce west Elleam a Oraer 11246 ana the
des Or the Ce Mbar etaksty 41 CIFR W. ana 29
CFft 1625-1627. Tr* calarac" 2WWY 2W Itte FMNA less
fk alMWM aria rw msporls"" ID wo a 0mvit Rte wnh
Tibe 23 u3C Seeaon 14G, tt„e RMaosaaon Aci or 1973. all
asWOW (29 USC 794), ana rnw lA Craw CrA Right Aa of
1 %4. a4 a t*W. " nhatea repmo t rjau aN 49 CF'R
?arts 21. 26 am 27, W4 23 CFR Pam 20C. 230. ana 633
The fN--" WNW- It 2WOM Won 23 CFR 23C. App&%M
A. wM appmpltate le wwwa to =worm b M u -.
De;r3r#r1-V Or LWW (iS. DOL) arld FHWA feQtiO-MM
OPPOmMy rlq&&rwnIs n0. [pw. t0 me Tlraim b tie
afimafNe arson b asfue eq w Oppo"Lc yn 6e 2DM
MW net, ftf m- Wart. ILM, regunabnc (a CFR 3S.
29 CFR 16Ja. 29 CFR I WS-1627. Al CFR 60 am 49 CFR 27)
arts "ON% Of ale seoretay d Lam as nowaw by ate
PlOvIlO K prwpovnd ham. am enpasea plaeuat b 23
u s C- 140 anal CCr uu* Mee EEO area spurns admtabre
acdon stawaarm mr Ste fmnfadon pfflod aCOMDes lr 4N
this contract. The provisions of the Amencxu :.tth Disabilities
Act of 19% 02 U.S. C. 12101 et seq i set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by reference in this
contract In the execution of this contract, the contractor
agrees to campty v.tth the fdlo -.mrg minimum specific
requirement activities of EEO
a The contractor •mli rcirk with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunit -.Tt t respect to all
of its terns and conditions of employment and in their revle .
of activities under the contract
b. The contiactor'ntil accept as its operating policy the
folio ,IV statement
"It is the policy of this Company to assure that applicants
are employed and that employees are treated during
erployrenl, withoul regard to their race religion. sex. color
national origin. age or disability Such action shall include
employmentupgrading demotion. or transfer recruitment or
recnatment advertising; layoff or termination. rates of pay or
other forms of compensation: and seiectwn for training.
including apprenticeship pre -apprenticeship and,or on4he-
job training'
2. EEO Officer: The contractor :.iii designate and make
known to the contracting officers an EEO Officer -.ono •hill have
the responsibility for and must be capable of effectively
adinnslerng and pramohng an active EEO program and ..ho
must be assigred adequate authority and responsibility to do
so
3. Dissemination of Policy: All members of the contractor's
staff Mio are authorized to hue, supervise, promote. and
discharge employees or •:Rio recommend such action. or':.ho
are substantially involved in such action, will be made fully
cognizant of. and -ill implement. the contractors EEO policy
and contractual resp0mbi7dtes to provide EEO in each grade
and classification of employment To ensure that the above
agreement will be met the follv.stng actions vAn be taken as a
minmmlRl
a periodic meetings of superrtsory and personnel office
employees will be conducted before the start of pork and then
not less often than once every six months. at watch time lie
contractor's EEO policy and its mplemei Cation ,.ill be
re.ie,ved and explained The meetings Atli be conducted b,
the EEO Officer
b- All ne.. supervW, or personnel office emp;yees . 111 be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractors EEO obligations vtlhut
thirty days fcillo;.ng their reporting for duty vath the contractor
c All personnel no are engaged in direct recruitment for
the project •All be instructed by the EEO Officer in the
contractors procedures for locating and tiring minorities and
vOnen.
d. Notices and posters setting forth the contractors EEO
policy v.ill be placed in areas readily accessible to emplooy'ees
applicants for employment and potential employees
e The contractors EEO poky and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings employee handbooks or
otter appropriate means
Agreement No.: 22-201 B
-44-
4. Recruitment: When advertising for employees, the
contractor vt1l include n all advertisements for employees the
notation -An Equal Opportunity Employer - All such
advensements veil be placed in publications having a large
circulation among mino sties and nomcn in the area from
.hich the protect .Fork force +ou!d normally be derived
a The contractor wile, unless precluded by a valid
bargaining agreement. conduct systematic and direct
recruitment through public and Private employee referral
sources likely to yield qualified minorities and women To
meet this requirement the contractor %Hui iderti sources of
potential minority group employees. and establish with such
identified sources procedures otweby minority and women
applicants may be referred to the contractor for employment
considefabort
b In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals the
contractor is expected to observe the provisions of that
agreement to the extent that doe system meets the contractors
compliance ..nth EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or .:omen. or obligates the
contractor to do the samesuch implementation violates
Federal nondiscrimination provisions
c The contractor vnll encourage its present employees to
refer minorities and „omen as applicants for employment
Information and procedures with regard to referring such
applicants Y.ill be discussed with employees
5 Personnel Actions: Wages. vorking conditions and
employee benefits shall be established and adrrnnistereo and
Personnel actions of every type, including hiring, upgrading.
Promotion transfer demotion, layoff. and termination. shall be
tak. en Without regard to race, cola• religion, sex, national
origin, age or d lability. The follo,mrig procedures shall be
fol'o and
a The contractor orbit conduct periodic inspections of project
sites to insure that orkng conditions and employee facilities
do not Indicate discriminatory treatnurtt of project site
personnel
b The contractor will periodically evaluate the spread of
wages paid Aithin each classification to determine any
evidence of discriminatory wage practices
c The contractor ..ill periodically re -tie.: selected personnel
acCixom in depth to determine whether there is evidence of
discrimination Where evidence is found, the contractor whit
promptly take corrective action If the rervia•.4 indicates that"
discrimination may extend beyond the actions reviewed. such
corrective action shall include all affected persons
d The contractor Y& promptly investigate all complaints of
alleged discrimination Made to the contractor in connection
wflh as obligations uder this contract will attempt to resolve
such complaints and vnll take appropriate corrective action
%lion a reasonable time If the investigation indicates that the
discrimination may affect persons other than the complainant
such corrective action shall include such other persons Upon
completion of each investigation, the contractor 011 inform
every complainant of au of their avenues of appeal
8. Training and Promotion:
a The contractor .,ill assist in locating. qualifying and
increasing the skills of minorities and Women :vho are
applicants for employment or current employees Such efforts
should be anted at developing full journey level status
employees in the type of trade or job classification nvohed
b Consistent :.rth the contractor's :.ork force requirements
and as permissible under Federal and State regulations the
Contractor Shan make fun use of training programs. le
apprenticeship and on -the -lob tranng programs for the
geograblh"' area of contract performance In the event a
special provision for training is provided under this contract
this subparagraph .,ill be superseded as indicated in the
special provision The contracting agency may reserve
training positions for persons who receive ••,,erfre assistance
in accordance nitn 23 V S C 1401ah
c The contractor -41 advise employees and applicants for
employment of available training programs and entrance
requirements for each
of The contractor -Ill periodically revue , the training and
pxomot,on potential of employees vho are minorities and
,omen and :.ill encourage eligible employees to apply for
such training and promotion
7. Unions: If the contractor relies in ,.fide or in pan upon
unions as a source of employees the Contractor ..ill use good
faith efforts to obtain the cooperaton of such unions to
increase opportunities for minorities and :,amen Actions by
Me contractor. Omar directly or through a contractor's
as$=-Itwn acting as agent all ihchude the procedures set
forth belo,:
a The contracts hill use good fart efforts to develop in
cooperation mth the unions, jam training programs aimed
to,.ard qualifying more mtrmrities arnd :.omen for membership
in the unions and increasing the Skills of minorities and ..omen
so that they may qua'rfy for higher paying employment
b The contra= mil use goof faith efforts to incorporate an
EEO clause into each union agreement to the end that such
moron viol be contractually bound to refer applicants without
regard to their race color religion se■ national origin age or
disability
c The Contractor is to obtain information as to the referral
Practices and policies of the Labor union except that to the
extern such information is mthin the exclusive possession of
the labor union and such labor union refuses to hortsh such
information to the contractor the contractor Shall So Certify 10
the Contracting agency and Shall Sel forth fiat efforts have
been mace to obtain such information
d In the &went the union cos unable to provide the contractor
:.rth a reasonable flo:: of referrals .ativn the time limit set forth
in the collective bargaining agreemenf the contractor ..v,
thorough independent recrtu!tmert efforts fill the employment
vacancies mthout regard to race color, religion, sex. national
origin. age or d!saWt ty: making full efforts to obtain qualified
and or qualifiable nunodies and women. The fa!lure of a union
to provide sufhuent referrals (even though it is obligated to
provide exclusive referrals under one terms of a collective
bargaining agreemenip does not rei!evt the contractor from the
requirements of this paragraph In the event the union referral
Practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246 as amended and these
Special provisions such contracts shall! mmrxdtately notify the
contracting agency
8 Reasonable Accommodation for Applicants r
Employees with Disabilities: The contractor must be tam ar
Agreement No.. 22-201 B
.45-
,:tth the requirements for and comply v,ith the Arrnencatsrith
Drsabilities Ad and all rules and regulations established there
under Employers must provide reasonable accommodation r
all employment activities unless to do so :, ould cause an
undue hardship
9 Selection of Subcontractors. Procurement of Materials
and Leasing of Equipment: The contractor shall not
dlscruninale on the grounds of race. color. religion. sex,
national origin age or disability in the selection and retention
of subcontractors including procurement of materials and
leases of equipment. The contractor small take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract
a The Contractor shaV notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract
b The contractor v.wi use good fait[ efforts to ensure
subcontractor compliance filth their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a The requirements of 49 CFR Pan 26 and the State
DOT s U S DOT approved DBE program are incorporated by
reference
I: The contractor or subcontractor shall rot discriminate on
the basis of race, color. national origin. or sex in the
performance of this contract The Contractor shall carry out
applicable requirements of 49 CFR Part 2e in the a nand and
administration of DOT -assisted contracts Failure by the
contractor to Carry out these requirements IS a material breach
of this contract, vv hiCh may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate
11. Records and Reports: The contractor shall keep such
records as necessary to document compliancewith the EEO
requirements Such records shall be retained for a period of
three yeas following the date of the fine payment to the
contractor for all contract':.Oni and shall be availab4e at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FM.VA
a The records kept by the contractor shalt document the
follo-ping
11 ) The number and Cirk hours of minonty and non-
nunonty grail members ",,,Omen employed in each v.ork
classficat on on the project.
121 The progress and efforts being made in cooperation
,An unions, ,ben applicable. to increase employment
opportunities for minonbes and -amen, and
(3) The progress and efforts being made in locating, hiring
training qualifying and upgrading minorities and .,omen
b The contractors and subcontractors ill W)md an annual
report to the contracting agency each July for the duration of
the project, indicating the number of minority, women, and
non-minordy group employees currently engaged in each -".ork
classification required by the contract vwk. This information is
to be reported on Forth FMA-1391. The staffing data should
represent tux project .vaM fare& on board in an or any part of
the last payroll period preceding the end of July_ 11 on-the-job
training is being required by special provision, the contractor
All tic required to collect and report training data The
enVoymerd data should reflect the 'work force on board during
all of any part of thei payroll period preceding the end of
July
ill. NONSEGREGATED FACILITIES
This provision is applicable to all Fedetal-aid construction
contracts and to all crated construction subcontracts of
S 10, D00 or more
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis Of race. color. religion. sex. or national origin cannot
result The contractor may neither require such segregateo
use by ,,Then or oral policies nor tolerate such use by
employee custom The contractors obligation extends fatter
to ensure that as employees are not assignee! to perform their
SefvhCe6 at any location. under the contractor's contra..,tore
the 40d" are segregated. The term `facilities indudes
waiting rooms vork areas restaurants and other eating areas
tone clocks restrooms :,ashhrowis locker roo rn. and other
storage or dressing areas_ parking lots dMking fountains,
recreation or entertainment areas transportation, and housing
provided for employees The contractor shall provide separate
or sdnle-user restrooms and necessary dressing or sleeping
areas to assure privacy bet,een sexes
IV DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -ad construction
Projects exceeding S2.000 and to all related subcontracts and
la.,er-ben subcontracts iregardless of subcontract size) The
requirements apply to 211 projects located . tin the right-ct-
w.ay of a rcei that is functionally classified as Federal-a,d
high=,ay This excludes toad.,ays functionally classified as
local roads or rural mnOr collector. wthidt are exempt.
Contracting agencies may elect to apply these requirements to
other projects
The fold::ng provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 'Contract provisions and
related matters +ith mina revisions to conform to the FMMA
1273 format and Fl-RVA program requirements
1. Mutimum wages
a A I laborers and mechanics employed or = orkng upon
the site of the work :till be paid unconditwnalty and not less
often than once a :.eek_ and +ittw subsequent deduction or
rebate on any account (except such payroll deductions as are
Permitted by regulations issued by the Secretary of Labor
under Me Copeland Act 129 CFR part 3)) tie full amount of
:•:ages and bona fide fringe benefits ro cash equivalents
thereofr due at time of payment computed at rates not less
than those contained in the age determination of to
Secretary of Labor :.hich is attached hereto and made a pan
hereof, regardless Of any contractual Wationsnlp �hich may
to alleged to exist bet:.een the contractor and such laborers
and mechanics
Conttlbuaions made or costs reasonably, anti ipated for bona
fide hinge benefits under section tib)(2) of the Davis -Bacot
Act On behalf Of Laborers Or mechanics are considered •+.ages
Paid to such laborers or mechanics subject to the provisions
Agreement No.: 22-2016
-46-
of paragraph i d of this sectron. alsoregular eontritwtions
made or costs inured for more than a weekly period (but not
less often roan quarterly) under plans. funds or programs
,rich cover the particular-.eekly period, are deemed to be
constructively made or incurred during such meekly period
Such laborers and mechanics shall be paid the appropriate
.,age rate and fringe benefits or the :,age deierminabon for
the cassification of ::ork actually performed, ..ithout regard to
skill, except as pro•oded in 29 CFR 5 5 a1* Laborers or
mechanics performing :.ork in more than one classification
may be compensated at the rate specified for each
classification for the tine actually vvrked therein Provided
That the employers payroll records accurately set forth the
time spent in each classification irwhich work is performed
The :rage determination (Including any additional classification
and .,age rates conformed tinder paragraph 1.b of this
sechon) and the Davis -Bacon poster (WF-1321) shall be
punted at all times by the contractor and its subcontractors at
the site of the mark in a prominent and accessible place where
it can be easily seen by the v,orkers
b 111 The contracting officer shall require that any pass of
laborers of mechanics, including helpers ,.finch is not listed in
The wage detemnabon and'which is to be employed under the
contract shall be classified in conformance with the wage
detemsnathori The contacting officer shall approve an
additional classification and .,age rate and fringe benefits
therefore only h,tien the foilc%ing criteria have been met
Ul The work to be performed by the classification
requested is not performed by a classification in the wage
detemtination and
(Ill The classification Is utilized in the area by the
construction industry and
(oil The proposed ::age rate, incudng any bona fide
fringe benefits, bears a reasonable relationship to the
:.age rates contained in the :,age determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if kno:,n) or their
representatives and the contracting officer agree on the
classification and ::age rate lincluding the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by Ire contracting officer to the
Administrator of the Wage and Hour Division. Employment
Standards Administration, U S Department of Labor.
Washington. DC 20210 The Administrator. or an authorized
representative. will approve, modify, or disapprove every
additional classification action ,,ithin 30 days of receipt and
SO advise the contracting officer or will notity the contracting
officer withm the 30-day period that additional time is
necessary
(3) In the event the contractor, the laborers of mechanics
to be employed in the classification or their representatives
and the contracting officer do not agree on the proposed
classification and ,vage rate (including the amount
designated for fringe benefits, whue appropriates the
contracting officer shall refer the questions including the
vlevs of all interested parties and the recommendation of the
contracting officer, to the Wage and Flour Administrator for
detemunation The Wage and Hour Administrator or an
authorized represenlabve. ,,ill issue a determination eafn
30 days of receipt and so advise the contracting officer or
.,ter notihy the contracting officer .ithin the 30day period that
additional time is necessary
141 The •+age rate (including fringe benefits •.vinere
approprate i deierrn ned pursuant to paragraphs 1 In 121 or
l.b.(3) of this section. shall be paid to all workers performing
wok in the classification ~ this contract from the first
day on r.htch iork is Wormed in the dass:fication
c Whenever the minimum :•age rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit vfiieh is not expressed as an hourly rate. the contractor
shall either pay the benefit as stated in the rage determination
or shall pay anoter bona fide fringe benefit or an hourly cash
equivalent thereof
d t the contractor does not make payments to a tnistee or
other third person, the contractor may consider as part of the
ages of any laborer or mechanic the amount of any costs
reasonably anticpated in providing bona fide fringe benefits
under a plan or program, Provided. That the Secretary of
Labor has found. upon the ;.mitten request of the contraso.
that the applicable standards of that Davts.Bacon Act have
been met The Secretary of Labor may require the contractor
to set aside In a separate account assets for the meeting of
obligations under the plan or program
2. Withholding
The contracting agency shail upon Its or.n action of upon
.uitlen request of an authorized representative of the
Department of tabor. MINIM or cause to be withheld from
the contractor under this contract, or any other Federal
contract mth the same prune contractor or any other federally
assisted contract subject to Dam -Bacon prevailing v.age
requirements• which is held by the same prime contractor so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics.
including apprentices. trainees, and helpersemployed by the
contractor or any subcontractor the lull amount of •W-ages
requited by the contras n the event of failure to pay any
laborer or mechanic. Including any apprentice trainee. or
helper employed or working on the site of the cork, al' or part
of the wages required by the contract• the contracting agency
may after •..mitten notice to the contractor, take such action as
may be necessary to cause the suspension of any further
payment. advance or guarantee of funds until such violations
ha•,e ceased
3. Payrolls and basic records
a Payrolls and basic records relating thereto shall be
maintained by the contractor dunrg the course of the ,.ork and
preserved for a period of three years hereafter for all laborers
and mechanics rocking at the site of the work Such records
shalt contain the name. address. and social security number of
each such ;.orll his or her correct classification, hourly rates
of ,,ages pad (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(bM2NB) of the
Davis -Bacon Aco. daily and weekly number of hours ,,orked
deductions made and actual wages paid Whenever the
Secretary of Labor has found under 29 CFR 5 5(a N 1 Niv l that
the ,, ages of any laborer or mechanic Include the amount of
any costs reasonably antapated in providing benefits under a
plan or program described in section t(bH2)IB) of me Davis.
Agreement No.: 22-201 B
-47-
Bacon Act the contractor shall maintain records .which show,
that the commitment to provide such benefits is enforceable.
that the plan or program is financially responsible. and that the
plan or program has been communicated in Ong to the
laborers or mechanics affected and records r.hich show the
costs anticipated or the actual cost incurred in providing such
benefits Contractors employing apprentices or trainees under
approved programs shall maintain ,.ritten e.idence of the
reg,strw on of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees and the ratios and'nage rates prescribed in the
applicable programs
b i 1) The contractor shall submit weekly to each :,eek in
which any contract ..Wk is perfored a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of to information required to be
maintained under 29 CFR 5 5(aX3Hi), except that full social
security numbers and fame addresses shell not be included
on .eekly transmittals Instead the payrolls shall only need to
include an individually identifying number for each employee
e.g , the last tour d9ts of the empioyee's social security
number). The required eeky payroll information may be
submitted in any form desired Optional Forth W H-3d7 is
available for this purpose from the Wage and Hour Division
Web site at htlp:Nw;vw.del.govre",.t4itomtsr.thU7nstr.htm
or as successor site The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors
Contractors and subcontractors shall maintain the full social
security number and current address of each covered roller,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
How Division of tat Department of Labor for purposes of an
investigation or audit of compliance mth prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its tr n
records ;, thous .veekiy submission to the contracting agency
(2h Each payroll submitted shall be accompanied by a
Statement of Compliance.' signed by the contractor or
subcontractor or his or her agent ,wino pays or supervises the
payment of the persons employed under the contras and shall
certify the follov-ing
(i) That the payroll for the payroll penod contains the
Information required to be provided tinder §5.5 (all3Nui of
Regulations. 25 CFR pail S. the approp ate information is
being maintained under §5 5 (ag3)(i) of Regulations, 29
CFR part 5, and that such nformation is cores and
complee
(it) That each borer of mechanic (including each
helper apprentice, and trainee) employed on the contract
dung the payroll period has been paid the full weekly
.ages earned, Mlhout rebate. either directly of indirectly
and that no deductions have been made either directly or
indirectly from the full wages earned other than
permissible deductions as set forth in Regulations 29 CFR
Pam 3.
lift( That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe berefrts or
cash equivalents for the classification of ;vork performed
as specified in the applicable .age determination
Incorporated into the contract
(3) The Meekly submission o(a properly executed
certification set forth on the reverse We of Optional Forth
WH-347 shall satisfy Use requirement for submission of the
'Stattemere of Compliance' required by paragraph 3 b (2) of
this section
4r The falsification of any of the above certifications mad
subject the contractor or subcontractor to trot or criminal
prosecution under section 1001 of title 1 a and section 231 of
title 31 of the United States Code
c The contractor or subcontractor shall make the records
required under paragraph 3 a or this section available for
inspection, Copying a traVWnpbM by awnonzed
representatives of the contracting agency the State DOT the
FHi VA or the Departrnerx of tabor. and shall permit such
representatives to ntervie., employees during .,orking hours
on the job If the contractor or subcontractor fails to submit the
required records or to make Item available. the FMA may
after v.Titten notice to the contractor, the contracting agency or
the State DOT. lake such action as may be necessary to
cause the suspension of any hither payment advance or
guarantee of funds. Furthermore (&lure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR S 12
4 Apprentices and trainees
a Apprentices (programs of the USDOL)
Apprentices .ill be permitted to work at less than the
predetermined rate for the work City performed when trey are
employed Pursuant to and Individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor. Employment and Training Administratron Office of
Apprenticeship Training. Employer and Labor Servicesor..ith
a State Apprenticeship Agency recognized by the Office or 0 a
person is employed ir, his of her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program. •:.fro is not individually registered in the program but
Ave has been certified by the Office of Apprenticeship
Training Employer and Labor Services or a State
Apprenticeship Agency (,bete appropriate) to be eligible for
probatonary employment as an apprentice
The ailo.,able ratio of apprentices to journeymen on the )ot
site in any craft classification shall not be greater than the ratio
Permitted to the contractor as to the entire v.ork force under
the registered program Any-.orker listed on a payroI at an
apprentice .age rate ::ho is not registered or othernse
employed as stated above shall be paid not less than the
applicable ,age rate on the ::age determination for the
classification of v.ork actually performed In addition any
apprentice performing ,.odd on the job site in excess of the
rato permitted under the registered program shalt be paid not
less than the applicable image vale on tre :.age determination
for the ..or* actually performed Where a contractor A
Performing construction on a project in a locality other than
that in •••.filch its program is registered_ Ine ratios and .:age
rates (expressed in percentages of the journeyman's hourly
rate l specified in the contractor's or subcontractors registered
program shall be observed
Every apprentice must Use paid at not less than the rate
specified in the registered program for the apprentice's level of
progress expressed as a percentage of the )oumeymen houry
Agreement No., 22-201 B
-48-
rate specified in the applicable Wage determination
Apprentices shall be paid forge benefits in accordance +nth
the provisions of the apprenticeship program If the
apprenticeship program does not specify fringe benefits
aporentices must be paid the full amount of fringe benefits
listed on the .age determination for the applicable
classification. If the Administrator determines that a ddferem
practice pre�acs for the applicao a apprentice classification
fnnge<_ shall be paid m accordance :.nth that determination
In the event the Office of Apprenticeship Training. Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office '.vrthdran5 approval of an
apprenticeship program. the contractor +,ill no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the pork performed until an acceptable
program is approved
b Trainees iprograms of the USDOL)
Except as provided in 29 CFR 5 16, trainees vrill not be
permitted to +fork at less than the predetermined rate fo the
vrork performed unless they are employed pursuant to"
individually registered in a program which has received prior
approval. evidenced by formal certification by the U S
Department of Labor. Employment and Training
Administration
The ratio of trainees to journeymen On the job site "I not be
greater Clan permitted under the plan approved by the
Employment and Training Ad ministraton
Every trainee must be pad al not less than the rate specified
in the approved program for the trainee's level of progress
expressed as a percentage of the journeyman hourly rate
specified in the applicable :.age determination Trainees shall
be paid fringe benefits in accordance v ith the provisions of the
trainee program. If the trainee program does not mention
fringe benefits. trainees shall be paid the full amount of fringe
benefits listed on the 'Wage determination unless the
Administrator Of the LVage and Hour Division determines that
there a an apprenticeship program associated',vith the
corresponding journeyman '.tape rate on the ,age
determination Y.Nich provides for less than full fringe benefits
for apprentices Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
Use paid not less Clan the applicable •image rate on the image
determination for the classification of .ork actually performed
In addtion, any trainee performing irk on the job site in
excess of the ratio permitted under the registered program
shall be pad not less than the applicable 'nape rate on the
.:age determination for the .grid actually perfumed
In tre event the Employment and Training Administration
,nthdra:,s approval of a training program, the contractor vnll no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the a crk performed until an
acceptable program is approved
c Equal employment opportunity The utilization of
apprentices. trainees and journeymen under this part shall be
in conformity'rfth the equal employment opportun dy
requirements of Executive Order I QA6. as amended and 29
CFR part 3C
d Apprentices and Trainees tprograms of the U S DOT
Apprentices and trainees grkrng under apprenticeship and
Will training programs ,.hich have been certified by the
Secretary of Transponation as promoting EEO in connection,
:ndn Federal -aid hgh.,ay construction programs are not
subject to the requirements of paragraph 4 of this Section I
The straight time houny ..age rates for apprentices and
trainees under such programs mill be established by the
partinAar programs. The raw of apprentices and trainees to
jounneynlen shall not be greater than permitted by the terms of
the particular program
5. Compliance with Copeland Act requirements. The
contractor shall comply mth the requirements of 29 CFR pan
3 h:cn are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor shall insert
Font FHWA-1273 in any subcontracts and also require the
subcontractors to include Font FHWA-1273 in any Io- er tier
subcontracts The prune contractor shall be responsible for the
camplia racer by any subcontractor or Va,er tier subcontractor
,.ith all the contract Clauses in 29 CFR 5 5,
7. Contract termination: debarment. A breach of —.-
contract clauses in 29 CFR 5 5 may be grounds for tennnauon
of the contract and for debarment as a contractor and a
subcontractor as provided In 29 CFR 5 12
8. Compliance with Davis$acon and Related Act
requirements. Ali rulings and mterpretatwns of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1 3 and 5
are herein incorporated by reference in this contras
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract Such
disputes shall be resolved in accordance :.1th the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6 and
i. Dtsputes within the meaning of this clause include disputes
bet,.een the contractor for any of Its subcontractors) and the
cortra Ling agency. the U S. Department of Laboror the
employees or their representatives
10. Certification of eligibility
a. By entering into this Contras, the contractor certifies that
neither it (nor he of she) nor any person or firm Mio has an
interest in the contractors firth is a person or fine ineligible to
be a:.arded Government contracts by virtue of section. 3ta) of
the Davis -Bacon Act or 29 CFR 5 121 a K I l
b No part of this contract shall be subcontracted to any person
or firm ineligible for a.,:ad of a Govemment contract by wnue
of section 3(ai of the Davis -Bacon Act or 29 CFR 5 12tak t I
c The Inenaty for making false statemernts is prescribed in the
US Criminal Code, 18 US C too 1
Agreement No: 22-201 B
-49-
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The fdlo,ing clauses app y to any Federai-aid constnxtion
contract in on amount in excess of $100.000 and subject to the
overtime provisions of the Contract Act* Hours and Safety
Standards Act, These clauses shall be inserted in addition to
the clauses required by 29 CFR 5 5(a) or 29 CFR 4.6 As
used in this paragraph- the terms laborers and mechanics
nckrde +.atchmen and guards
1. Overtime requirements. No contractor or subcontractor
contracting for any pan of the contras mirk vAlich may require
or involve the employment of laborers OF mechanics shall
require or permit any such laborer or mechanic in any
:.ork,eek in •..hick he or she is employed on such „ork to
,ork in excess of forty tours in such-work:.eek unless such
laborer or mechanic receives compensation at a rate not less
than one and one -hall times the basic rate of pay for all hours
corked in excess of forty hours in such work heck
2. Violation; liability for unpaid wages; hquldated
damages In the event of any violation of the Clause set forth
in paragraph 11 ) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid ::ages In addition, such contractor and subcontractor
shall be liable to the United States jin the case of work done
under contract for the District of Columbia or a territory. to such
District of to such temtory). for liquidated damages Such
liquidated damages shall be computed -+.th respect to each
individual laborer or mechanic. includng watchmen and
guards employed in vitiation of the clause set forth in
paragraph 0 ) of this sedan, in the sum of $ 10 for each
calendar day on 0110 such ndvdual was required or
permitted to work in excess of the slandad •.,vkweeli of forty
hours .+Athout paynwt of the overtime .wages required by the
clause set forth in paragraph (1 ) of this section
3. Withholding for unpaid wages and liquidated damages.
The FHWA or ire contacting agency shall upon its o:.n action
or upon written request of an authorized representative of the
Department of Labor Mthhold or cause to be w ithheld from
any moneys payable on account of :.cd performed by the
contractor or subcontractor under any such contract or any
other Federal contras with the same prime contractor. or any
other federally -assisted contract subject to the Contras Work
Hours and Safety Standards Act ,,tiich is held by the same
prime contracts. such sums as may be determined to be
necessary to sahshy any habHdKs of such contractor or
subcontractor for unpaid ..ages and liquidated damages as
provided in the clause set forth in paragraph (2 1 of this
section
4, Subcontracts. The confasor of subcontractor shall Insert
in any subcontracts the clauses set forth in paragraph )1 1
through tit 1 of this section and also a clause requiring me
subcontractors to include these clauses in any tower her
subcontracts The pnme contractor shall be responsible for
compkance by any subcontractor or lower tier subcontractor
:.Tth the clauses set forth in paragraphs (I I through (4 ) of this
section
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction
contracts an the National High:,ay System
t The contractor shall perform :.ith its O.,n organization
contract :.ork amounting to not less than 30 percent tor a
greater percentage a specified else,here in the contract, of
the total original ccntracl price, excluding any speciaTj items
designated by the contracting agency Specialty items may be
performed try subcontract and the amount of any such
specialty items performed may be deducted from the total
"not contract puce before computing the amount of -crk
required to be performed by the contractors o. ri organitatwn
123 Cl 635 116.
a The term -perform nark :nth its o+.n organization refers
to porkers employed or leased by the prne contractor. and
equipment o:nted or rented by the prime contractor, .Ath or
fthout operators Such tens does not include employees or
equipment of a subcontractor or io.,er bet subcontractor.
agents of the prime conractor, or any other assignees The
term may include payrnents for the costs of hang leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requsrements Leased
employees may only be included in this term a the prime
contractor meets all of the follo.ing conditions
01 the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees:
(2) the prime contractor remains responsible for the quality
of the work of the leased employees:
(3) the prime contractor retains all poser to accept or
exclude Mvidual employees from '.,ofk on the project. and
(4) the prime contractor remain uhir lly responsible for
the payment of predetermined minimum ..ages the
submission of payrolls statements of compiance and all
other Federal regulatory requirements
b 'Speciatty Items shall be construed to be limited to :.orf,
that regimes highly Specialized kna:.iedge. abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a hWe and in general are to be limited to minor
components of the overall contract
2 The contract amount upon tech the requirements Set forth
in paragraph 11) of Section VI is computed miudes the cost of
material and manufactured products vfvch are to be
purchased or produced by the contractor under the contract
provisions
3 The contractor shall furnish (a) a competent superintendent
or supervisor is employed by the firth. has full authority to
direct performance d the v" in accordance ith the contract
requirements, and is in charge of all corMtructron operations
iregardiess of rho performs Ile wo(k) aid (bar such other of its
onn organizational resources isupernsicn. management. and
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sul assigned or
other Ase disposed of except .tith the .,Titten consent of the
contracting officer or authorized representative. and such
consent .,hen given sha!1 not be construed to relieve the
contractor of any responsibility for the fulf liment of the
contract Wraten consorrd pill be given only after the
contracting agency has assured that each subcontract is
Agreement No.. 22-201 B
50 -
evidenced in •.nting and that it contains alperLnent provisions
and requirements of the prime contract
5 The 3Tself-performance requirement of paragraph i 1) is
not applicable to design -build contracts ho;.ever contracting
agent es may establish their o..n sed-performance
rewremill
VII. SAFETY: ACCIDENT PREVENTION
T h i s p r o v i s i o n i is applicable to all Federal aid
construction contracts and to all related subcontracts
1 In the performance of this contact the contractor shall
comply with all applicable Federal. Stall and local laws
governing safety, health and sanitation (23 CFR 635j The
contractor stall provide all safeguards. safety devices and
protective equipment and take any other needed actions as it
determines or as the contracting officer may determine to be
reasonably necessary to protect the life and health of
employees on the Job and the safety of the public act to
protect property in connection •pith the performance of the
•:.ork covered by the contract
2 It IS a conch of this corwact, and shall be made a
condition of each subcontract wtwch the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to v.oA in surroundings or under conditions
which are unsanitary. hazardous or dangerous to his'ter
health or safety, as determined under construction safety and
health standards t29 Cl 1926 i promulgated by the Secretary
of labor. in accordance with Section 107 of the Contract Work
Hoes and Safety Standards Act (40 U S C 3704)
3 Pursuant to 29 CFR 1926.3. a Is a condirticn of this contract
that the Secretary of Labor or authorized representative
thereof. shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to arty
out the duties of the Secretary under Section 107 of the
Corttract Work Hours and Safety Standards Act (40
U S C 3704,
Vill FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
T h i s p r o v i s i o n I s applicabe to all Federal -aid
construction contracts and to all related subcontracts
In order to assure high quality and durable construction in
conformity ith approved plans and specifications and a high
degree of reliability on statements and representations made
by engineerscontractors. suppiers. and .,crkers on Federal.
aid high --ay projects. it is essential that all persons concerned
w11h the project perform their functions as carefully, thoroughly
and honestly as possible. Willful falsification, distortion, or
misrepresentation ..ith respect to any facts related to the
project is a violation of Federal la;: To prevent any
misunderstanding regarding the seriousness of these and
sirnilar acts, Form FIiNfA• 1022 shall be posted on each
Federal -aid highnay project (23 CFR 635) in one or more
places t,tlere a is readily syllable to all persons concerned
v.ith the protect:
IE U S C 1020 reads as folio. -is
'Whoever, being an officeragent. or employee o1 the United
States. of of any State or Territory. or �hoevef. '..hether a
person, association. firm or corporation knovingly makes any
false statement. false representation. or false report as to the
character quality quantity. or cost of the matena' used or to
be used or the quantity, or quality of the ..ork performed or to
be performed. or the cost thereof in connection -.:tth the
submission of plans, maps. specifreallonscontracts. or costs
of construction on any higft.Lay or related project submitted for
approval to the Secretary of Transportation. cr
Whoever kno.Lingiy makes any false statement. false
representation, false report or false claim hth respect to the
character, quality, quantty, or cost of any work performed or to
be petfornned. or materials furnished or to be furnishedin
conrecUon mth the construction of any high•..ay or related
project approved by the Secretary of Transportation. or
Whoever knovtngfy makes any false statement or false
representation as to material fad in any statemeM certificate.
or report submitted pursuant to provisions of the Fecietal-aid
Roads Act approved July 1 1916 139 Star 3551 as amended
and supplemented:
Shall be fried under this We or imprisoned not more than 5
years or both'
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal -ad construction
contracts and to all relate l subcontracts
By submisson of this bid proposal or the execution of this
contract. or subcontract, as appropriate. the bidder. proposer
Federal -aid construction contractor. or subcontractor as
appropriate -it be deemed to have stipulated as folb.s
I That any person who is or v 11 be utilized in the
performance of this contract is not prohibited from receiving an
a.wrd dux to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Ale Act
2 That the contractor agrees to include or cause to be
included the requirements of paragraph Ili of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements
X CERTIFICATION REGARDING DEBARMENT.
SUSPENSION. INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is appliubbe to at! Federal -aid construction
conVacts, design-bldbd contractssu11 ccntrads. lor,er-tier
subcontracts. purchase orders. lease agreements. consuitarl
Contracts Or any other covered transaction requiring FK%1A
approval or that is estimated to cost S26 000 or more - as
defined in 2 CFR Parts 180 and 1200
1. Instructions for Certification - First Tier Participants'.
a By signing and submitting this proposal the prospective
first Der participant is providing the certification set out beio:.
b The inability of a person to provide the cemhcaton set out
belo:...ill not necessarily resin in denial of participation in this
Agreement No.: 22-201 B
-51-
covered transaction The prospective first ter participant shall
sthmil an explanation of why it cannot provide the certification
set out belcr, The certification or explanation will be
considered in conneaon -ealh the department or agencyf s
determination whether to enter into this transactors. Flovittrver
failure of the prospectirve first tier participant to furnish a
certification or an expanahon shali chsquairfy such a person
from parbuparlon in this transaction
c. The certification in this clause is a material represertaton
of fact upon-v,hich reliance ,., -as placed .•fien the contracting
agency determined to enter into this transaction If is later
determined that the prospective participant kn r::ingty rendered
an erroneous certification. in additldn to other remedies
available to the Federal Government. the contracting agency
may terminate this transaction to( cause of default.
d The prospective first bet participant shall provide
immediate .vntten noboe to the contractng agency to whom
this proposal is submitted it any time the prospective fast tier
participant learns that its certification was erroneous then
submitted or has become erroneous by reason of changed
ctruxanstences
e The letitts 'covered transaction.' 'debarred
'suspended "ineligible."'participant.--person.` 'pnncipai
and'vountany excluded.' to used in this clause are defined
in 2 CFR Parts 180 and 1200 'First Tier Covered
Transactions- refers to any covered transaction bet, een a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract) 'Lower Tier Covered
Transactions' refers to any corned transaction under a First
Tier Covered Transaction (such as subcontracts). 'Fist Tier
Participant' refers to the participant v.tno has entered into a
coffered transaction '.:ith a grantee or subgrantee of Federal
funds (such as the prime or general contractor) 'Lower Tier
Participant- refers any participant who has entered into a
covered transaction mth a First Tier Participant or other Lo •.er
Tier Participants (such as subcontractors and suppliers I
f The prospective first bet participant agrees by submitting
this proposal trut, should the proposed covered transaction be
entered into it shall not knowingly enter into any to •er tier
covered transaction with a person who is debarred,
suspended declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction
g The prospective first Der participant further agrees by
submitting this proposal that it will include the clause titled
Certification Regardrrg Debamerlt. Suspension, Ineligibilmy
and Voluntary Exclusion -Lover Tier Covered Transactions'
provided by the department or contracting agency entering
into this covered transaction, without modification, in all lover
ber covered transactions and in all solicitations for lower bet
covered transactions exceeding the $25-000 threshold
h A participant in a covered transaction may rely upon a
certification of a prospective participant in a krner bet covered
transaction that is not debarred. suspended. ineligible or
voluntarily excluded from the covered transaction. Less it
kno,s that the certification is erroneous A participant is
responsible for ensuing that its principals are not suspended
deoarredof other..lse inebigibie to participate in covered
transactions To venhy, the eligibility of its principals, as «ell as
the eligibility of any lover her prospective participants each
participant may. but is not required to. check the Excluded
Parties List System webste It tips ;<:r:.v..epts govri which is
comailed by the General Services Administration
i Notting contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by On clause
The kno ledge and information of the prospective parUcipart
is not required to exceed that wtjch is normally possessed by
a prudent person in the ordinary course of business dea! ngs
I Except for transactions authonzed under paragraph ,f , of
these instructionsd a participant in a covered transaction
kno. angiy enters into a to •,er tier co.•ered transacuor , th a
person wfio is suspended debarred, ineligible or voluntan,:y
excluded from panccgtatan in this transaction, in addition to
Oder remedies available to the Federal Government. the
department or agency may terminate this transaction for cause
or default
2. Certification Regarding Debarment. Suspension
Ineligibility and Voluntary Exclusion - Furst Tier
Participants!
a The prospective f.rst her participant certifies to the best of
its kno+.•ledge and belief that t and its prirxypais
(I i Are not presently debarred. suspended proposed for
debarment. declared ineligible. or voluntarily excluded from
participating in covered transactions by any Federal
department of agency.
(2) Have not •, thin a three-year period preceding tros
Proposal been convicted of or had a evil judgment rendered
against them for commission of fraud or a cmminal offense in
connection with obtaining ahentpting to obtain. or peAorming
a public (Federal. State or locall transilew or contract under
a public transaction, violation of Federal or State antitrust
statutes or commission of embezztemet, theft, forgery.
bribery, falsification or destruction of records making false
statements or receiving stolen property
t3) Are not presently indicted rot or other..ne crennally or
civilly charged by a governmental entty (Federal State or
local) Alt commission of any of the offenses enumerated in
paragraph (02) of this certification: and
i,li Have not nation a three-year period preceding thus
applicaiavproposal had one or more public transactions
(Federal State or local) terminated for cause or default
b Where the prospective participant is unable to certrty to
any of the statements in this certification such prospective
participant shall attach an explanation to this proposal
2 Instructions for Certification . Lower Tier Participants
IAppkcabie to all subcontracts, purchase orders and Met
loatr tier transactions requiring prior FHWA approval or
estimated to cost $25 000 or more • 2 CFR Parts 180 and
1200)
a By signing any submitting this proposal, the prospenb e
10.,er tier is providing the certification set out belo -
b The certification in this clause is a matena representation
of fad upon Aich reliance -xas placed :.hen th+s transaction
v.as ordered into If it is later determined that the prospective
lacer tier participant knci tinily rendered an erroneous
certificationin addition to other remedies available to the
Federal Governmentthe department or agency ,.ttn .,hich
Agreement No.: 22-201 B
-52-
thi6 transaction originated may pursue available remedies
inducting suspension and'or debarment
c The prospective lo,er tier participant shall provide
nvnediate .Mitten notice to the person to ...filch this proposal is
submitted if at any time the prospective lo,.er tier participant
learns that is certification as erroneous by reason of
charged circumstances
d The terms 'covered transaction' 'debarred
suspended' ineligible''patbapant, 'person "principal.
and "voluntarily excluded.' as used in this clause. are defined
in 2 CFR Parts 180 and 1200 You may contact the person to
,.itch this proposal Is submitted for assistance in obtaining a
copy of those regulations -Frost Tier Covered Transactions'
refers to any covered transaction bet.veen a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract i. -Lo..er Tier Covered Transactions'
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts! 'First Tier Participant'
refers to the participant ,•to has entered into a covered
transaction .vith a grantee or subgrantee of Federal funds
(such as the prime or general contractor) "Lanier Tier
Participant' refers any participant into has entered into a
covered transaction nth a First Tier Participant or other Lo., er
Tier Participants Isuch as subcontractors and suppliers)
e The prospective toner tier participant agrees try
su bmittng this proposal that, should the proposed covered
transaction be entered into, it shall not knahirgly enter into
any lover tier covered transaction mth a person .,eto is
debarred, suspended, declared ineligible or voluntarily
excluded from participation in Cis covered transaction. unless
authorized by the department or agency v:th w4Wh this
transaction originated.
f The prospective finer tier participant further agrees by
submitting this proposal that it hill include this clause titled
"Certification Regarding Debarment, Suspension. Irehgibility
and voluntary Exclusion-Lowar Tier Covered Transaction.'
w10W modification, in all to -,.err der covered transactions and
in all solicitations for fa,er tier covered transactions exceeding
the $25 D00 threshold
g A participant in a covered transaction may rely upon a
certification of a prospective participant in a laver tier covered
transaction that is not debarred, suspended ineligible or
voluntarily excluded from the covered transaction, unless it
kno.:s that the certification is erroneous A particlpard is
responsible for ensuring that is principals are not suspended
debarred, or othery use irWigtbk to participate in covered
transactions To verify the eligibility of rts principals, as well as
the eligibility of any lower tier prospective participants. each
participant may. but is not required to, check the Excluded
Parties List System Nebs to (httDsJNr—. eois go wbich is
compiled by the General Services Administration
h Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knoAedge and information of participant is not required to
exceed that .,ttrch is normally possessed by a prudent person
in the ordinary course of business dealings
i. Except for transactions au thonzed under paragraph a of
these nstructio ns if a participant in a covered transaction
kno,,i ugly enters into a lo,er ber covered transaction th a
person who is suspended, debarred ineligible or voluntarily
exduMed from participation in this transacton, in addition to
other remedies available to the Feders' Government. the
department or agency with v+hleh this transaction originated
may puasue avai'abk remedies Including susper ion and'or
debarment
Certification Regarding Debarment. Suspension
Ineligibility and Voluntary Exclusion —Lower Tier
Participants:
I The prospectrve lo.:er tier participant certfies, b;
submission of dins proposal. that neither it nor its principals is
presently debarred. suspended. proposed for debarment
declared ineligible. or vol Wanly excluded from parpcipating in
covered transactions by any Federal department or agency
2 Where the prospective IOxer bet participant is unable to
cWY to any of the statements in this certification such
prospective participant shall attach an explanation to to+s
proposal
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal- and con tructwn
contracts and to all related subcontracts nhich exceed
$100 000 (49 CFR 201
1. The prospective participant certfiesby srgmng and
submitting this bid or proposal. to the best of his or her
kno Jedge and beliethat
a No Federal appropriated funds have been paid or mdl be
paid by or on behalf of the undersigned to any person for
influencing of attempting to influence an officer or empiopee of
any Federal agency, a Member of Congress an officer or
employee of Congress or an employee of a Member d
Congress in connection ,:nth the a.:arding of any Federa!
contract the making of any Federal grant. the makng of any
Federal loan the entering into of any cooperative agreement
and the extension, continuation. r",aiamendment or
modification of any Federal contractgranloan or
cooperative agreement
b If any finds other than Feoeral appropnat" funds have
been paid or .:ill be paid to any person for influencing of
attempting to influence an officer or employee of any Federal
agency. a Member of Congress an officer of employee of
Congress, of an employee of a Member of Congress in
connection nrth this Federal contract grant ban or
cooperative agreement, the undersigned shbl complete and
submit Standard Form-LLL. -Disclosure Form to Repon
Lobbying ` in accordance '.." its instructions
2 This certification Is a material mpresentabon of fan upon
�Aiich reliance was placed vfien this transaction +as made or
entered into Submission of this certification is a pierequsite
for making or entering into this transaction mposed by 31
U.S C 1352 Any person vhio fads to file the required
Certification shall be subject to a crol penalty of nol less than
S10.000 and riot more bun S 100 000 for each such fai'ure
3 the prospective partic pant a,so agrees by sutxnming its
bid or proposal that the participant shall regime that the
language of this certification be included in all la�.ef tier
subcontracts 'r luch exceed S 100 000 and that an such
reopients shall certdy and disclose accordmgty
It
Agreement No- 22-201 B - 53 -
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision a applicable to all Feoerai-aid projects tended
Lnder the Appalachian Regional Deitlopmern Act of 1065.
I During the performance of the contract. the contractor
undertaking to do ..ork ,+inch is or reasonably may be done
as on -site :,ork shall give preference to qualified persons .,ho
regularly reside in the labor area as designated by the DOs_
,,tercrn the contract w*0.. is situated. or the subregion or tte
Appalachian counties of the State :.herein the contract >.,D* Is
situated. except
a. To the extent that qualified persons regularly, residing in
the area are not available
b For the reasonable reeds d the contrxtor to empoy
supervisory or specially experienced personnel necessary to
assure an efficient execution d the contract-.•.ork
c For the obligation of the contractor to offer employment to
present of former em"yees as the result d a la.+fid xllective
bargaining contract, provided that the number of rorwesident
persons employed under this subparagraph (tc) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract .:ork except to provided in
subparagraph 14) belor,
2 The contractor shall pace a cab order Kith the State
Employmmet SeNice indrabng (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work. (bi the number of employees required in
each classification (c) the date on nttich the participant
estimates such employees -,ill be required and Id) any other
pertinent information required by the Stare Employment
Service to complete the jab order form The job order may be
placed with the State Employment Service in .,vWy7 or by
telephone If during the course of the Contract ..ork. the
information submibed by the contractor in the original job order
is substanbally modified, the participant shag prompCy notify
the State Employment Service
3 The contractor "I give ftdl cortsideration to all qualified
job applicants referred to hem by the State Empleymertt
Service The contractor is not required to gram employment to
any job applicants , ho, in his opinion_ are rat qualified to
perform the classification d-..ork required
4 If. within one week fotlomrigi the placing of a lob order by
the contractor with cite State Employment Service the State
Employment Service is unable to refer any qual fled job
applicants to the contractor, or less than the number
requested the State Employment Service a rill forv,wd a
certificate to the contractor ndcating the unavailability of
appliUAtS Such certificate shag be made a part of the
contractor's permanent project records Upon receipt of this
certificate the contractor may employ persons wft do not
normally reside in the labor area to fill positions Covered by the
cenfcate nothttrtstanding the provisions of subparagraph (tci
above
5 The provision d 23 CFR 633 2071e) also, the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachan
region
Agreement No.: 22-201 B
54
E The contractor shall include the prov sans of Sections I
through 4 of this Attachment A in every subcontract tor monk
hhich is or reasonably may be. done as on-srte .ork
ATTACHMENT "V
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
CFR 635.410. Contractor will ensure that all 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 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. If a domestic product is taken outside the United States for any
process, it becomes foreign source material. 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 apply, except that the manufacturer may use minimal quantities of foreign steel and iron when
the cost of such foreign materials does not exceed 0.1 % of the compensation or $2,500, whichever is greater.
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 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
AUTHORITY prior to incorporating the material into the project. When FH WA allows the use of foreign steel
on a project, Contractor shall furnish invoices to document the costs of such material, and obtain the
AUTHORITY'S written approval prior to incorporating the material into the project.
Agreement No.: 22-201 B - 55 -
ATTACHMENT "G"
F7PERFORMANCE AND PAYMENT BOND
BY THIS BOND, WE, , Inc., as Principal 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 Principal:
1. Performs the Agreement dated , 20 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(1), 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 attorney's 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, 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 Authorityfor the referenced Agreement.
Agreement No.: 22-201 B - 56 -
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 sealed this day of
WITNESS:
2.
C1
PRINCIPAL:
0
Name:
Title:
Address:
Telephone:
SURETY:
Signature
By:
WITNESS:
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
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.
Agreement No.: 22-201 B -57-