HomeMy WebLinkAboutAgreement_General_7/14/2022_DRC Emergency Services/SWAil%DRC
EMERGENCY SERVICE
Striking Back.
111 veterans Memorial Blvd., Metairie, Louisiana 70005
TTY: 888-721-4DRC • Phone: 504-482-2848 • Fax: 504-482-2852
www.dreusa.com
Village of Tequesta
345 Tequesta Drive
hequesta. FI_ 3 469
RE: Mutual Aid Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal between
Solid Waste Authority of Palm Beach County, and DRC Emergency Services.
DRC Emergency Services and the Solid Waste Authority of Palm Beach County have executed an
Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal, Agreement No. 22-201C
effective May 8, 2022, through May 7, 2025.
Article 33 (Agreements with other Government Entities) of Agreement No. 22-201C states:
The CONTRACTOR agrees that this Agreement constitutes an offer to all State Agencies and local
government agencies of the State of Florida under the same terms and conditions, for the same
prices and for the same effective period as specified in this Agreement; should the
CONTRACTOR deem it in the best interest of their business to do so.
The Agreement in no way restricts or interferes with any State Agency or local government
agencies of the State of Florida from re -solicitation.
I would like to offer to the Village of Tequesta, FL, to enter into this agreement with DRC Emergency
Services per Article 33 of Agreement No. 22-201C. This offer is made at the same terms and conditions
stated in the referenced agreement.
Please return one fully executed original letter upon acceptance.
Si c rely,
R E erge Services
Name:
If
Printed Name: Kristy Fuentes
Title: VP Secretary, Treasurer
Date: 5/17/2022
ACCEPTED: VILLAGE OF TEQUESTA
Name:
Printed Name:
Title: MM4 DIr
Date: 'j4 - 22
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@tequesta.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 ("WK"), Web Accessibility Initiative ("WAI"), available at
www.w3.org/TR/WCAG/."
E-Verify Affidavit
Florida Statute 448.095 directs all public employers, including municipal governments, to verify the
employment eligibility of all new public employees through the U.S. Department of Homeland Security's
EVerify System, and further provides that a public employer may not enter into a contract unless each party
to the contract registers with and uses the E-Verify system.
Florida Statute 448.095 further provides that If a contractor enters into a contract with a subcontractor, the
subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, all contractors doing business with the Village of Biscayne Park
are required to verify employee eligibility using the E-Verify system for all existing and new employees hired
by the contractor during the contract term. Further, the contractor must also require and maintain the
statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure
compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-
Verify website (https://tvi�nv.e-verifbi.gov/employers/enrolling-in-e-verifv) and follow the instructions.
The contractor must, as usual, retain the I-9 Forms for inspection.
By affixing your signature below you hereby certify that you will comply with E-Verify requirements.
DRC Emergency Services,
I ItY 1 63-1283729
Offs or g a re 2I 151-z,,%%2Date Federal Employer Identification Number
(FEIN)
Kristy Fuentes Vice President/Secretary/Treasurf
Print Name Title Notary Public Information
Sworn to and subscribed before me on this this 5�day of pc&va?f 2021—
By
El Is personally known to me
Has produced identification (type of identification produced:
Si ature of Notary Public
Cecelia Morise
Print or Stamp of Notary Public
CECELIA MORISE
Notary Public . State of Louisiana
Notary ID Number 157893
at death
Expiration Date
207 RFP 2022-003
YOUR PARTNER FOR
SOLID WASTE SOLUTIONS
AGREEMENTFOR
HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION AND DISPOSAL
BETWEEN
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
AND
CROWDERGULF JOINT VENTURE, INC.
AGREEMENT NO. 22.201 B
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
41
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
Contract Execution...........................................................................18
EXHIBITS
A. Scope of Work
B. Fee Schedule .
ATTACHMENTS
.................................................................................19
................................................................................. 36
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. 22-201 B - ii -
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of 14P)Zzl- Z-S 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 cerfficate(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. 22-201 B - 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
RECORDSCUSTODIANASWA.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.ridos.myflorida.cornlibrary-archives/records-managemenL'general-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 AUTHORITY upon
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. 22-201 B - 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 Intedocal 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: jramsayaC�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 not4 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: nnpratt(a.crowdergulf.com
John Campbell — Regional Director - East
Cell No.: 859-963-8672 E-Mail: icampbellt crowder ulf.com
Buddy Young — Regional Director - West
Cell No.: 940-597-4252 E-Mail: byoun.q@crowdergulf.com
Don Madio — Regional Manager - FL
Cell No.: 813-285-8749 E-Mail: dmadio(a.crowdergulf.com
Reid Loper — Vice PresidenVSenior Project Manager
Cell No,: 678-477-3755 E-Mail: rloper(a)crowdergulf.com
Wesley Naile — Contracts Manager
Cell No.: 251-533-5585 E-Mail: wnaile(aacrowderqulf.com
Margaret Wright— Documentation Director/PHD
Cell No.: 251-604-6346 E-Mail: mwright(a)crowdergulf.com
Leigh Anne Ryals — Emergency Management & Quality Control Specialist
Cell No.: 251-751-8660 E-Mail: Iryals(dcrowdergulf.com
Jeff Zemlick — Safety Manager
Cell No.: 251-509-9422 E-Mail: izemlick .crowdergulf.com
Wilber Ledet — Senior Project Manager
Cell No.: 228-326-5915 E-Mail: wledet(gcrowdergulf.com
Matt Lucas — Senior Project Manager — East Coast
Cell No.: 609-731-2858 E-Mail: mlucas(Dcrowdergulf.com
Andrew Sprinkle — Project Manager
Cell No.: 251-423-1100 E-Mail: atsprinkle(o,crowderqulf.com
Howard Turner — Project Manager — East Coast
Cell No.: 804-814-6197 E-Mail: hturner(&crowderqulf.com
Isam Brisco — Project Manager
Cell No.: 512-373-0586 E-Mail: ibrisco(o)crowder ulf.com
Agreement No. 22-201 B - 10 -
Joe Hayes — Project Manager
Cell No.: 561315-1360 E-Mail: ihayes crowdergulf.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: bartoniccrowdergult.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. 22-201B - 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 CONTRACTOR's costs. Therefore, 90% of the approved rates shall be so adjusted:
The rates shall be adjusted as follows:
The rates shall be adjusted annually, 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 (jwww.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 Pa ment Adustment Calendar
April April
2023 2024
Extension Clause Annual Payment Adiustment 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 ORDERIPERFORMANCE
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 CONTRACTORSs 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 CONTRACTOR's 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 CONTRACTORSs 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 htta:l/www.dot,state.fl.us/construction/wage shtm. Said wage rate tables
are incorporated into and made part of this Agreement by reference.
Agreement No. 22-201 B - 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/bizwebflorida/. 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. 22-2016 - 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 speck 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:
WITNESS•
2.
APPROVED AS TO LEGAL SUFFICIENCY:
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APPROVED AS TO TERMS AND
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Approved by Authority Board on Apol 13, 2022, Item No.: 9. CA
Agreement No, 22-201 B - 18 -
EXHIBIT "A"
11 SCOPE OF 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 maybe required, at the AUTHORITY'S discretion, to be under the direction
of an agent of the AUTHORITY.
E. While intended to cover debris management needs in any major disaster scenario, the primary
focus is on the threat of hurricane damage to Palm Beach County, Florida. The planning
standards used for this project are based on the anticipated impacts of a named storm event or
major flood impacting Palm Beach County, Florida. The AUTHORITY intends to enter into
contingency Agreement(s) as further defined herein, to provide emergency debris removal and
disposal services as required by the AUTHORITY,
INTRODUCTION:
A. The AUTHORITY'S disaster recovery planning includes considerations for removing and
processing the volumes and types of debris expected to be generated by a major disaster such
as a hurricane or major flood and includes procedures for disposing of that debris. The planning
approach is formulated in part on the concept of strategic pre -positioning of plans and resources
necessary for timely, safe, coordinated recovery operations, including removal of debris from
public property and rights -of -way throughout Palm Beach County using a combination of county,
municipal, and CONTRACTOR forces.
B. If activation is required, the AUTHORITY intends to activate contracts on an as -needed basis as
solely determined by the AUTHORITY. The AUTHORITY intends to activate the
CONTRACTORS in the order of final ranking as best meets the needs of the AUTHORITY. The
AUTHORITY reserves the right in its sole and unfettered discretion, to assign/reassign any or all
CONTRACTORS at any time as may be deemed appropriate depending upon the
Agreement No. 22-201 B - 19 -
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,/ to 2 days each year,
at no cost to the AUTHORITY.
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.
SCOPE OF WORK/OVERVIEW:
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 FEMA 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.
7. 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/closeouVrestoration includes: clearing, stripping, hauling, fill
placement, constructing/deconstructing processing pads, limerock or crushed
concrete access roads, seeding, and any other similar activity necessary to make
the site usable for its intended purposes and to return the site to its original condition.
Do not include any materials in calculating the hourly rates in the Proposal Form 3
- Price Proposal. Important- Phase I TDMS Reclamation is included in the 2.0 cubic
yard price. Phase I Reclamation requires the contractor to remove all debris from
the TDMS including small particles mixed with 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 '/z 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.
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:
1. Quantity (loads and cubic yards)
2. Owner information
3. 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:
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.
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. 22-201 B - 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) PRICE PROPOSAL
PART A -VOLUME BASED PRICING FOR 3.00C 000 CUBIC YARD ICY) DEBRIS NSAS ER
� EeTaAtE
nrwoFscRwno►� - J.,t I Eroisiat i
1.0 PLb c Property and RgM of way Cci echon Lca*g
ans t to a d-9n,*d TDA15
A Vegelabor 2 50000C cr S8 25 I a20,625.0W 00
- B Cansbucton aebrs i M wd rk-bns 500 DOD I or $8, 25 $4,125,000,00
tO 1QM5 operaDan tc Mdue F4xertk+nt of nax�tonny
lasers. pxt&e kwets keeM orrs:'te sad edpce-M Wo 000 cr $0.25 S750 000.00
Wads a ea 00ao V tasti and ptaW, ""
ac crx=, Die managomart and Prase I RedamaUan — _ -
i
3.0 Rccrosmg of dcbrs Crough gmdeg ants ch pprg y 2 50c NO n $3.40 P 500 000 00
�sD !�cbon pa ca�pacnot+ '
41 Los&V. IraOK and dlsposrrg Mood chits to fkv t.0ao.aoc t ar 56.75 58 750.000 OQ j
destnobm (TW nW includes disposal cosq
I
i0 Lwu g amd naW.n3 d oormucLc+ ckbrs aMar rased
detns horn TDMS Ic a par% d CAD recydag k"tj or
any cthc dwgra,tc Dspasat Ferny (Thisrgeshall
MI include disposal roary. Based on miles from
M#3 to Anil deadnadon- t way
I A 0 s 20 mias j 500.000 cY $4.40
B > 20 <_ 50 miss � 500.000 r � $5.50
>50 s100mdcs WON cr- 57.60- -- y---
AWRAM WM 6 0 A-C) $5.90
A 1 tea 5oa c; z soo,000c� • s 2.950 000 00
TotAL PRo►06at POKE. (items t 0.5 J) s 45.70 000 00
PROPOSER MUST PROVIDE PRICE FOR ALL LAVE ITEAM I yNRU e- FAALURE i0 0630 MAY R&WEIt YUI/R pWOVOik 10 BE
OFFI ED NOM RESoOMWE
Un,t Pnces unless othenMrsc ndA ated shalt mJude al' labor (000rmom fak)crers svxf%.sors and n13knals n;.�q tki ux
I traded m sLp*s sw.prnerl mamtenarre, repairs repas parts h.ris, itioneams, col,Aar phows transpatation and hausey I
d re, u'ed, m_cessary to acwnVish Mk yaEej The erranbtms and diskiwtens are est rated for rfr Furpcsc of ffmk g ar,
toed Lccahors d sses debr s cuenties destmat+ors mabt-ml dpml e+ Or may Off srbttanh^ n a, actual d saster 4
Asswripixns 3 CO? Clt! wtc yard, aI debK :.ersrsMsq d 2 5f1Q DtkJ ruMc yards d u.rgrta6tn drhr�s arti �Q0,iM10 a,3c yore,
al rmed debr* I
i
RFPNc 22 20;Qt PC,* 39 )aruary i022
Agreement No. 22-201 B - 36 -
EXHIBIT "B"
PROPOSAL FORM 3 - PRICE PROPOSAL
HOURLY
PART 8 - RATES
er - ase
Affxb adclrcrla; sheaf wish equp ;erg type and Wor Was i reede:
iP sh Crew 1 lower or skrdstee'. 2 sank an:s. I lineman -?3a;i 00 per try
RF P Ho. 22-201rCL - l0 - Ja 4rary Mi
Lr------� — --
Agreement No 22-201 B 37 -
EXHIBIT "B"
PROPOSAL FORM 3 - PRICE PROPDSAt
PART C - UNIT COST SCHEQUt E
i
ITEM
�
HA7JP00as Stair RErovu, MAUttnc. AND aSPOSAt
Ulm
tnrtt
- --
Cost
t
244mh : io 48 994,d, avow,
5"
$35C
2
-
49-nct. drannew and rpeaw
-
5 �
5.460
-
F� 09 - FA dal to s h*s alter rermua
`wrq a.ry
- -
rw
—
- -
R20 00
iW.`-s
tiArAtraau5—tUWGINti LIMBS 1►IANGERS)
_ -
--• I
to rxkA ren"a d al hargr{ kmt*s
-
-- LarCa m be aA � 5nthe rght of way Fir coil -don as ve 1g ahm de6na
i
4
1 2-nch Osrieter andgrestrr
Tree
_
90.00
HAMD"s TREE RMWAL
Tivan to be Rush art at wound lavd oral Placed the rKft Of vraY fu W%1:8 as vegeWw rteb-s
5
E-+rrh dennew b 1199-inch dw-na n
Tres
I SS9.00
r
6
12 art, "Twer to 23 99.nen Linnet
Tree
$160
7
24-erh 6w*ter b 35 99�nrh danw*r -
Tree
$290
8
1641ch d,artiwer to 47 Wnch dw new - - -
- Tree
$340
8
0 erch dame'cr and gredtet
Tree
$400
NOTE
Tha ft&&-'V n "format on only ud w 1 NOT be ce--csdered ur Ov, ev&WWn W U's RF P
The Pi )T4Nl Y res", s tha ft0 io we tt,s wntract W-4le srat granCYes d debns removal and a! support bi rF,j
Frawvse Ccr.7Kts as needed 6eiery a a duty role m renwvc debns The AUI ROR11Y wi'pay br trr dsposai cast There
A re 24nremert b Pro-dc a rate ha wvn ,i yo-, de w e Woy�X 4ornpany to tonx tta Sp -Ai srrvice and respond wiMn i
46 hours III dx rats bebn
�CouEctwaBwncF Owtr.�
- - EQtVMEMY WitiFU;te f
` <I%MA.CbWLVi U%oder w4 Ope sla 3 3 400 IX
i
RFF tk�•2RIiX Rev 41 Ja rear, :h}i
Agreement No. 22-201 B - 38 -
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 Only
SWA Requestor/Monitor: Date:
SWA Dept. Director: Date:
Vendor No.: Account No.: Project:
Purchasing: Budget: Accounting:
Agreement No. 22-201 B - 3g -
,5
�1}
1N SWA DEBRIS SITES 2022
C _`. SWA Serve Areas
Agreement No. 22-201 B
ATTACHMENT "B"
State Road 80
-40-
Indiantown •.
94
SV4'A LanclF r1.
abi0 tV ]og Ii p�
(l.andfitt Ent�an- )�
8iosotids Processing:
Facility
6600'45th Street
Cross State
n`dfstl
• c .
t
551rBenot�t Farms Rd
Okeeheelee Paris S
7540 Forest bill
t'soutevard
Lantana .d
"tA Ce»tnl Ca my
.sfer St.3tiLn
� Lantana'R
13AOr'
lr�y
i Park
tt._ 01
Ave
antic
'A W Linton Blvd
•
.`and�441}
. Rd
Z� GladesR.
ato
Ij
Graf surkigs 0 2 4 8
O
Miles
ATTACHMENT "C"
E
BLIC 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:llwww.ferna.govlsites;defaultlfilesldocumentslfema pappg-v4-updated-links policy 6-1.2020 pdf
PROJECT MANAGEMENT
Project management begins when a disaster occurs and does not end until an applicant has received final payment for
the project. Good project management ensures successful recovery from the disaster, expedited payment of funds,
and more efficient 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 "D"
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 8 2
Category 3
Category 4
Category
5
Within 24 hours
25%
25%
20%
15%
Within 48 hours
30%
30%
30%
25%
Within 72 hours
40%
40%
40%
40%
Within 96 hours
60%
60%
50%
50%
Within 5 days
100%
80%60%
60%
Within 10 days
100%
80%
70%
Within 14 days
100%
80%
Within 20 days
100%
ATTACHMENT arEr1
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tam mraaca, in as suom am aew n lower t*f
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forth ftWA-1273 f nia be Mysfryy Yndpdased Ina
rPbWmO) In of OWN -A t. slaomnrAM and INW- er
Ltf00wMaats (*a xvn9 plisse brows. nrLW a9vewWM
and d@wf agovenwK fd "p"ft or &trVices M"d to a
0onstfu it adltrW
2 Srgect to ale appsranity un&U rotes n tore %*wng
sections, acne Odessa pmv"m ",, appq to A rocs
perRMfrM W% arc COMM Dy are COMaMM owl d9anacon
and Nab! the 3s&1aur= or waters under we oorahatsds
WwAastt SuprWAUNIVve and W ar writ perfln+ea an are
mrtract by peoerda. station oat, 0r by suboor&=
Agreement No.: 22-201 B
3 w tlfeaGt a arty a the aorta n arse
�qmm %" Pnlvts+ons array tie Namdwit 9 M nds for
wovoisg a pmwe" payrnwrs -H Ic, ang or *IN
PWrwiL twllenabdl of are oor ma aspwlnon r a wxw wn
or arty Caw anion deawnr*d to bao appdpule by ate
COMM" agwlq WO FMWA
& Serecow or umor o rtrg tree pwtormalof of wra doreradt.
tfre mrwraebtr wry na use cW&W Ubw 1d a"Wpo"
afawl ale Mt7R or a emstrut9on Wood an a Fedwal-M
ngnrray owes a a MW Pf MM" by m mm am an an
Pardo. WVWWld N*aW or pWaoaL The leer Federal -ad
ng1" dbo not ncide road.ap hrwmxuby daasaed M
11o0al loa0 or nara rrltnd odsecI
■ "OHOISCR11rNATwN
TM Prwlstona 0f M& "WOn il!lalla G 23 CFR Pan 230 an
mvemdo w as FeOer/-al0 c"nm w odnaacfs "ion
atalad mnMu row aamrtrats or S10.000 or uwm- The
pfv^Jw e or 23 CPR Pan 230 an not appbeabte to maawtr
irQPry. w1gYrlwn9, d aRJfYf�t>I iltilC4 cs>rvSaGtt
in adasm ate awwaanr am as smaonsac m mra: cm"
UM VW PObr ENWUW Ordw 11246. 41 CFR to
29 CFR 1625 1 . TIN 2!3 USC SNOW M ute
Relsao6tatlan Act of 1973. as aalardea (29 USC 794� TIM VI
at Ne CrM Alles Ad Or 19". as anwfdsa am n- - -
fe¢t>f M t9CLadng 49 CFR Parts 21. 26 am 27: and 23 CFR
Pads 2130. 230. and 633
The 0VW2 6 f aW ar sloOdlCat>lors VIKIR COI" welt. Ote
ngtw eeiwt4 Or ale Equal OPPW%EVIy CIA" n 41 CFR 60-
1-4(D) ar14 ttV as m SWUCOW mfsraas esoesdM $10.0M-
the Swou a Foomw Egta Empoytnms Opportavy
C&UNucew C4nrad SpKMeadw in 41 CPR 6C" 3
Matt. The U-.i. D"Wv"" Of LAW Ras "00tve &Nora to
dowrttnc adllptifYY wet Ewm0w Order t 12" and ate
Pdboes or to -& a at Labor rrata3lg 41 CFR 60. and 29
CAR 1623-1627. Tht CM932Irtg apnq and the FT9MA have
vw alalydtty am h mpwlimsl y to wom Qw*Kxw* "th
TWA 23 USC SddW 140. ate RowedAlm Act of t973, m
amenad (29 USC 794)_ and Tart ut Or the CM !Mfrs Ad or
1964. as a W4W, am mL-d*a "Aata m nGlarg a9 CfR
pans 21. 26 ano 27-. w d 23 CFR Pars 2-OC- 230. aM 633
The fd,oaetng pv WM r axpted VM 23 CFR 230. Appine b
A. wth appropriate WAMOM to mnrocm 101" U.S.
DeparrWIl Or ubor (US DOL) aW Ft -WA fegtremwts
1. Equaa Easproyrnwe Ow-txwY eq wnp0X7%m
OPPOM'1'1Y (EEO! ►e4UtrtWM W to MCWTAPZW am 10 tat
Mrcr Ve -ODn ID — eQlfar opparhrriy n set tarn
ander tars. as"ut1 a riders, ream, ngralom (n CFR 35,
20 CFR 1630, 29 CFR 162:51627. s 1 CfR 60 am e9 CfR 27)
and aows or the Seemmy or um" as noww q ow
Provrcl m preccnbad hm4n, and eVOsed Plasuant to 23
US.C. 1 A0 anal COMMILIM the EEO and apedfk atRrmabre
action vuln"u for ne mrw-adors pfo(ed aaw*t Wdef
43
this contract. The provisions of the Americans .•tth D�sabdi ties
Act of 19% i42 U.S. C. 12 101 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 comply'mth the follor.ing minimum spectfic
requirement activities of EEO
a The contractor ,vill work .,ith the ccntractng agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity, :,ith respect to all
of its terms and conditions of employment and in their ririier:
of activities under the contract
b The contractor ti accept as its eperaimg pole, the
follo..rng statement
-it is the policy of this Company to assure that applicants
are employed and that employees are treated during
employment, without regard to their race religion. sex color
national origin, age or disability. Such action shall include
employment. upgrading demotiart, or transfer recruitment or
recnriment adverIIsmg: Layoff or termination, rates of pay or
cither forms of compensation: and selection for training,
including apprenticeship pre.apaenticeship. ardor on-the-
job training -
2. EEO Officer: The contractor :.te designate and make
known to the contracting officers an EEO Officer v ho :.A have
the resports&flify for and must be capable of affectrvely
administering and promoting an active EEO program and %eho
must be Ill adequate authority and resporKbilify to do
so
3. Dissemination of Policy: All members of the contractors
staff 'wfho are auithor red to hire, supervise. promote, and
discharge employees or :vho recommend such action, or'..io
are substanhaFy involved in such action, will be made fully
cognizant of. and will implement. the contractors EEO policy
and contractual resporWbdites to provide EEO in each grade
and classification of employment To ensure that the above
agreement ;ill be met the folio.•.ing actions will be taken as a
r ininurt
a. Periodic meetings of supervisory, and personnel office
employees wgl be conducted before the start of .:ak and then
not Less often than once every sin months, at whtch ore the
contractors EEO policy and its implementation ,%ill be
revie.ved and explained The meetings will be conducted by
the EEO Officer
b, All ne., supervisory or personnel office employees ill be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractors EEO obligations within
thirty days folio,.ing their reporting for duty with the contractor
c Ad! personnel :.to are engaged in direct recruitment for
the project rill] be instructed by the EEO Officer In the
contractors procedures for locating and Miring minorities and
,',omen
d Nooses and posters setting forth the contractors EEO
policy will be placed in areas readily accessible to employees
applicants for em"yment and potential employees
e The contacter's EEO poicy and the procedures to
implement such policy mll be brought to the attention of
employees by means of meetings employee handbooks or
other appropriate mews
Agreement No.: 22-201 B
-44-
d. Recruitment: When advertising for employees, the
contractor:.11i include in all advertisements for employees the
notation. "An Equal Opportunity Employer' All such
advert'sements ',ill be placed in publications having a large
circulation among minorities and Aorren in the area from
.J-i h the protect :ore force .mould normally be derived
a The contractor will, uness precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sauces likely to yield qualified minorities and women To
meet this requirement. the contractor %ill dentify sources of
potential minority group employees, and establish mtfl such
identified sources procedures vAereby minority and Aomen
applicants may be referred to the contractor for employment
consideration
b In the event the contractor has a valid bargaining
agreement providing for exclusve hang hall referrals the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance pith EEO contract provisions Where
implementation of such an agreement has the effect of
discriminating against minorities or ;%amen, or obligates the
contractor to do the same. such implementation violates
Federal nondiscrimination provistns
c The contractor mil encourage its present employees to
refer minonties and -women as applicants for employment
Information and procedures with regard to referring such
applicants will be discussed :.1th employees
S. Personnel Actions: Wages -orking conditions and
employee benefits shall be established and admtnislered and
Personnel actions of every type, including hiring upgrading
promotion transfer demotion, layoff, and termination. shall be
taken ..ithoA regard to race, color, religionsex, national
ongn, age or disability. The following procedures shah be
folio %ed
a The contractor •..ill conduct periodic inspections of protect
sores to nstre that orkkg conditions and employee facilities
do not linuate discrnninatory treatment of project site
personnel
b The contractor will periodically evaluate the spread of
,.ages paid .,ittmrl each classification to determine any
evidence of discriminatorywage practices
C. The contractor mll periodically review selected personnel
actions in depth to determlfle whether there is evidence of
discrimination Where evidence is found, the contractor mll
promptly take corrective action. If the revie%, indicates that the
discrimination may extend beyond the actions reviewed. such
corrective action shall include all affected persons
d The contractor wtl promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract •rill attempt to resolve
such complaints. and vAll take appropriate corrective actiwh
>tlhin 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 nvestgation, the contactor ,41 inform
every complainant of ale of thew avenues of appeal
8. Training and Promotion:
a The contractor mll assist in locating. qualifying, and
increasing the skills of minorities and :.omen v ilo are
applicants for ernpkryment Of current employees Such efforts
should to aimed at developing full journey level status
employees in the type of trade or lob classification nvOr,ed
b Consistent ..nth the contractor's :.ark force requtrements
and as permissible under Fedora, and State regulations the
contractor Shan make full use of training programs. I.e
apprenticeship and on -the -polo training programs for the
9eographica_' area of contract performance In tie event a
special provision for training is provided under Ims contract
this subparagraph .,ill be superseded as indicated in the
special provision The contracting agency may reserve
training positions for persons Ao receive -eliare assistance
in accordance -11h 23 U S C 140ai
c The contractor will advise employees and applicants for
employment of available training Programs and entrance
requirements for each
d The contractor -iil periodically reoe, the training and
Promotion potential of employees w110 are minorities and
++omen and ::111 encarrage eligible employees to apply for
such training and promotion
T. Unions: If the contractor reties in +.foie or in part upon
unions as a source of employees the contractor .11 use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and ww Actions by
the contractor, either directly or through a Contracto(S
association acting as agent v.ill include the procedures set
forth beicr,
a The contractor -11 use good faith eflons to develop in
cooperation with the unions. Joint tra#*V programs armed
tonard qualdyng more minorities and ,.omen for membership
in the unions and increasing the skills Of minorities and +.omen
so that they may Waltdy for higher paying employment
b The contractor At use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union'41 be Contractually band to refer applicants without
regard to their race color religion sew 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
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor. the contractor Shall so ceniy, Io
the contracting agency and Shan set forth +fiat efforts have
been made to obtain such information
d In the event the union is unable to provide the contractor
mth a reasonable }lo., of referrals . ith in the time limit set forth
in the Collective bargaining agreement. the contractor :.ii,
through ndeperldem recruitment efforts. fill the employment
vacancies v 11hourt regard to race color, religion. Sex. national
origin, age or disability making full efforts to obtan q.raldied
and'or qualifiable nunorities and Aomen The failure of a union
to provide suf1cwil referrals lever though it is obligated to
Provide exclusive referrals under the terms of a collective
bargaining agreement' does not refieve 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 contractor shag immediately natty the
contracting agent;
8 Reasonable Accommodation for Applicants I
Employees with Disabilities The contractor must be fam.ita
Agreement No.: 22-201 B - 45 -
,pith the requirements for and comply Mth the Americans ,in
Disabilities Act and ad rules and regulations established there
under Employers must provide reasonable accommodation in
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 shaft not
discriminate on the grounds of race. color religion. se.
national origin age a disabillty in the selection and retenton
Of subcontractors including procurement of materials and
leases of equipment. The contraotor snail take all necessary
and reasonable steps to ensure nondiscrimination in fine
administration of this contract
a The contractor shah notdy all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract
b The contractor v;ili use good faith efforts to ensure
subcontractor compliance vnth their EEO obligations.
10. Assurance Required by 49 CFR 26.131b):
a The requirements of 49 CFR Pan 26 and the State
DOTS U S DOT -approved DBE Program are incorporated by
reference
b The contractor or subcontractor shall not discriminate on
the basis of race. color. national origin. or sex in the
performance of this contract The contractor shall carry out
applicable requkemems of 49 CFR Pan 26 in the a+ -aid and
administration of DOT -assisted contracts Failure by the
contractor to carry out these requirements is a material breach
Of this contract, v hich may result in the termination of this
contract or such oter remedy as the contracting agency
deems appropriate
I i. Records and Reports: The contractor shall keep such
records as necessary to document complianoe with the EEO
requirements Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for of contract r ork and shall be available at
reasonable times and places for inspection by authorized
representatives of tie contracting agency and the FKVA
a The records kept by the contractor "it document the
1dlP•vfrtg
i 1 i The number and . ork hours of minority and non -
minority group members and vmen employed in each v.ork
cassifnation on the project
12 i The progress and efforts being made in cooperation
•.ah unions...heA applicable to increase employment
opportunities for minorities and women: and
131 The progress and efforts being made in locating. htrng
training qualifying and upgrading minorities arld women
b The contractors and "contractors •vtn submit an annual
report to the contracting agency each July for the duration of
the project. indicating the number of minority, women, and
non-rminorty group employees currently engaged in each work
classification required by the contract :cork. This information is
to be reported on Form FHWA-1391 The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July ff on-th"b
training is being required by special provision the contractor
n111 be required to collect and report traumiy data The
employment data should ref ad the tidrk force on board during
all Or any part of the ast pa" period preceding the end of
Jul;
III. NONSEGREGATED FACILITIES
This provision rs awcable to all Federal -aid construction
contracts and to all related construction subcontracts of
$10.000 or more
The contill must ensure that taoiibes provided for
employees are provided in such a manner that segregation on
the basis of raftcolorreligion, sex, or national origin cannot
result The contractor may neither require such segregated
use by lichen or oral policies nor tolerate such use by
empleyee custom The contractor's obligation extends further
to ensure that its employees are not assigned to perform their
Services at any local under the contractor's control. hinge
the facilities are segregated. The term "facilities- includes
haitirg rooms work areas. restaurants and other eating areas
time clerks restrooms . ashrooms. ticker rooms and other
storage or dressing areas parking lots drinking fountains.
recreation or entertaiunent areas transportation, and housing
provided for employees The contractor shall provide separate
Or sine -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 of Federal -aid construction
prolects exceeding 52.000 and to ail related Subcontracts and
lo:,er-tier subcontracts (regaroiess of subcontract size) The
requirements apply to an projects located w ithin the nghtaf-
..ay of a road.,ay that is functionally classified as Fedil laid
rugli This excludes too? ays funetionaily classified as
local roads or rural minor cot!eaors. xtkh are exempt.
Contracting agencies may elect to apply these requirements to
other projects
The fo d ing provisions are from the U.S. Department a
Labor regulations in 25 CFR 5.5 'Contract provisions and
related matters- Mth minor revisions to conform to the FM.;1A
1273 format and li program requirements
t Minimum wages
a A laborers and mechanics employed or =:orking upon
the site of the nook mill be pad unconditionally and not less
often than once a week. and -oils t subsequent deduction or
rebate On any sewunt lexcept such payroll deductions as are
permitted by regulations issued try the Secretary of Labor
under the Copeland Act (29 CFR part 3}I the full amount of
,ages and bona fide fringe benefits f or cash equivalents
thereof] due at time of payment computed at rates not less
than those contained in the .,age determination of the
Secretary of Labor .yhich Is attached hereto and made a pan
hereof. regat"is of any contractual relationship v.hich may
be alleged to exist bell the contractor and such laborers
and mechanics
CCntnbutioni made or costs reaidnabty antiGpated for bona
fide fringe benefits under section tlbi{2) of the Davis Bacon
Act on behalf of laborers or mechanics are considered •..'ages
Paid to such laborers or mechal subject to the provisions
Agreement No.: 22-201 B
-46-
of paragraph I d of this section. alsoregular cattnbuttons
made or costs nicured for more than a weekly, period (but not
less often than quarterly) under plans funds or programs
,nick cover the parocular :tiOekty period. are deemed to be
constnxtr,ety made or incurred during such weekly period
Such laborers and mechanics shall be pad the appropriate
age rate and hinge benefits or. the :.age determination for
the cassifcavon of .vork actually performed. Mthout regard to
skill, except as provided in 29 CFR 5.5{ay,t) Laborers or
mechanics Worming work in more than one classification
may be compensated at the rate specified for each
classification for the time actually worked Iherein Provided
That the employees payroll records accurately set forth the
time spent in each classification in �fnich v,ork is performed
The vwage determination (Including any additional classification
and ,.age rates conformed user paragraph 1 b of this
section) and the Davis -bacon poster (WH--1321) shalt be
Posted at all times by the contractor and its subcontractors at
the site o ore ork in a prominent and accessible place where
it can be easily seen by the •..ci
b. (1) The Contracting officer shall rewire that any class of
laborers or mechanics, including helpers v,hich is not listed in
the rage determination and which is to be ernplloyed under the
contract shall be classified in conformance'with the wage
detemsnalion The contracting officer shall approve an
additional classification and Wage rate and fringe benefits
therefore only vfen the folloi criteria have been met
(l) The work to be performed by the classihcabon
regtrestied is not performed by a classificat on in the wage
determination and
(A) The classification is utilized in the area by the
construction industry and
(ii) The proposed rage rate. including any bona fide
trige benefits, bears a reasonable relationship to the
:•:age rates conta+Wed in the .age determination
(2) If the contractor and the laborers and mechanics to be
employed in the classification of kl or their
representatives. and the contracting officer agree on the
classification and +age rate Including the amount
designated for hinge benefits v.here appropriate). a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Flour Division. Employment
Standards Administration. U S Department of Labor.
Washington. DC 20210. The Administrator. Oran ait:ionzed
representative, vile approve, modify or disapprove every
additional Classification action ..;thin 30 days of receipt and
SO advise the contracting officer or':�ilI notify the contracting
officer Within the 30-day period that additional time is
necessary
13l In the event the contractor. the laborers or mechanics
to be employed in the classdrcallon or their representatives
and the contracting officer do not agree on the proposed
classification and ,age rate lincluding the amount
designated for fringe benefits :.fiere appropriate i the
contracting officer shall refer the questions including the
Ali of all interested parties and the reconvtiendation of the
contracting offfil to the Wage and Flour Administrator for
determination The Vilage and Mou Adminstrator or an
authorized representative, .till Issue a determination •,ith,n
30 days of receipt and so advise the contracting officer or
'111 not&y the contracting officer .,rthin the 30-day period that
additional time is necessary
(41 The +:age rate (Including lnnge benefits where
appropnatei determened pursuant to paragraphs 1.b )2) or
1 b.(3) of Mrs section. shall be paid to all rwkers perfur»,ng
hale in the classification under this contract from the first
day on � hich . work is Wormed in the classification
c VVhenevef the minimum page rate prescribed m the
contract for a class of laborers or mechanics includes a fringe
benefit vhich IS not exprossed as an hourly rate. the contractor
shall either pay the benefit as stated in the „age determinabon
or shall pay another bona fide ftnge benefit or an hourly cash
equivalent thereof
d N the contractor does not make payments to a trustee or
other third person. the contractor may consider as pan of the
,rages of any taborer or mechanic the amount of any costs
reasonably anticipated in Providing bona fide fringe benefits
under a plan or program Provided. That the Secretary of
Labor has found upon the v,>nten request of the contractor.
that the applicable standards of the Davis -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 shall upon nS o::n action or upon
.uitlen request of an authorized representative of the
Departrnent of Laoor. vithhold or cause to be withheld from
the contractor under this contract of any other Federal
contract with the same Prime contractor or any other federany.
assisted contract su biect to Dims -Bacon prevailing age
requirements. -birch is held by the same pnme contractor so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
ncluding apprentices trainees. and helpers employed by the
contractor or any subcontractor the full amount of,Wes
required by the Contract In the event of failure to pay any
laborer or mechanic. including any apprentice, trainer. or
helperemployed or working on the site of the wofk• al! or part
of the vrages required by the contrail. the contracting agency
may after written 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
have ceased
3. Payrolls and basic records
a Payrolls and bane records relating thereto shall be
maintained by the contractor during the course of the .cork and
Preserved to a period of three years thereafter for all laborers
and mechanics working at the site of the work Such records
Shall contain the nameaddress. and social security number of
each such �-orker. his or her correct Classification, hourly rates
ofnages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits of cash equivalents
thereof Of the types described in section 1(b)(2x8) of the
Davis -Bacon Act), daily and v:eekly number of hours harked
deductions. made and actual ,rages paid. Whenever the
Secretary or Labor has found under 29 CFR 5 Siam t xiv) that
the •:ages of any laborer or mechanic include the amount of
any costs reasonably anticipated in Providing benefits under a
plan or program descnbed in section t(b)(2xB) of the 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 .Anting to the
laborers or mechanics affected and records which show, the
costs anticipated or the actual cost incurred in providing such
benefits Contractors employing apprentices or trainees under
approved programs shall maintain .;ritten evidence of the
registration of apprenticeship programs and certification of
trainee Programs, the registration of the apprentices and
trainees and the ratios and wage rates prescribed in the
applicable programs
b 11) The contractor shall summit weekly for each •eeek in
Ach any Contract wok is performed a copy of all payrolls to
the Contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5 5(ax3)(i). except that full social
security numbers and home addresses shall not be Included
on'* **My transmitla s Instead the payrolls shall only need to
include an individually identfiying number for each employee
e.9 the last four digits of the employee's social security
number). The required meekly payroll Information may be
submitted in any forth desired Optional Form W H-347 is
available for this purpose from the Wage and Hour Drinsion
Web site at htlp:Inv w.dp.gpv esa fi0 fpmmarwh34Tinstr.ttvn
or its Successor Slue The prime contractor is responsible for
the Submission of copies of payrolls by all subcontractors
Contractors and subcontractors "if maintain he full social
security number and current address of each covered v.orkei.
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the DeParmxnt of labor for purposes of an
investigation or audit of compliance with 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 o:.n
records without weekly submission to the contracting agency
12f Each payroll submitted shall be accompanied by a
Statement of Compliance.' signed by the contractor or
subcontractor or his or her agent Ac pays or supervises the
Payment of the Persons employed under the contract and shall
certify the following
(i) That the payroll for the payroll Period contains the
information required to be Provided tinder §5.5 (ax3xu) of
Regulations. 25 CFR part S. the approphate inforrnapon is
being maintained under §5 5 (ax3xi) of Regulations. 29
CFR pan 5. and that such information is correct and
complete,
(n) That each laborer or mechanic (including each
helper apprerrbce. and trainee) employed on the contract
during the payroll period has been paid the hill •neekfy
wages earned, ,,tOxxA rebate, either directly or Indirectly,
and that no deductions have been made either drreci ty or
indirectly from the full wages earned, other than
Permissible deductions as set forth in Regulations 29 CFR
pan 3,
(ill) That each laborer or mechanic has been paid not
less than the appkcable wage rates and hinge bernefts or
cash equivalents for the classification of v,Ork performed
as specified in the applicable vage determination
incorporated into the contract
(3) The r*ekly submission of a properiv executed
txrtification set forth on the reverse side d Optional Form
WH-347 shall satisfy the requirement for subnwssion of file
'Statement of Compliance' required try paragraph 3 b (2t of
this section
14, The falsrfication of any of the above certifications may
subject the contractor or subcontractcr to cr ii or criminal
Prosecution under section 1001 of title 18 and section 231 of
bile 31 of me United States Cale
c The contractor Cr subcontractor sftall make the records
required raider paragraph 3 a of this section available for
inspection. copying or transcription by authorized
representattws of the contracting agency the State DOT the
FM UA or the Department of Labor and shah permit such
representatives to intervie, employees during cirking hours
on the )obi If the contractor or subcontractor fads to submit the
required records or to make them available, the FHWA may
after-..ritten notice to the contractor. the contracting agency or
the State DOT. take such action as may be necessary to
cause the suspension of any further payment advance or
guarantee of funds- Furthemsore failure to submit to required
records upon request or to make such records ava4aole may
be grounds for debarment action pursuant to 29 CFR 5 12
4. Apprentices and trainees
a Apprentices (programs of the USDOL i
Apprentices ..VI be permitted to +.oA at less than the
predetermined rate for the work they performed when they are
employed pursuant to and ndividualy registered in a bona fide
apprenticeship program registered with to U.S. Department of
Labor. Employment and Trainirhg Administration. Office of
Apprenticeship Training. Employer and Labor Services, or ..ith
a State Apprenticeship Agency recognized by the Office. or 0 a
person is employed in its or her first 50 days of probationary
employment as an apprentice in such an apprenticeship
program. wv ho is not individually registered in the program but
wlto has been certfied by the Office of Apprenticeship
Training Employer and Labor Services or a Stale
APprenbeesftip Agency (,tune appropriate) to be eligible fix
Probationary 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 ork force under
It* registered program Any worker listed on a payrc+l at an
apprentice v.age rate who is not registered or othermse
employed as stated above. shall be paid not less than the
applicable ::age rate on to ..age determination for the
classification of ..ork actually pertomed In addition. any
apprentice performing work on the 1bo site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable rage rate on the rage determination
for the ..irk actually performed Where a contractor is
Performing construction on a project in a locality other than
that n ,.%ch its program is registered the ratios and .,age
rates (expressed in. Percentages of the journeyman's hourly
rate) specified in the contractor's or subcontracto,s registered
program shall be observed
Every apprentice must be paid at not less than the rate
specified in the registered Program for Ine apprentices level of
Progress, expressed as a percentage of the ourneymen hourly
Agreement No.: 22-201 B
-48-
rate spedfied in the applicable .sage determination
Apprentices shall be paid fringe benefits in accordance wth
the provisions of the apprenticeship program. If the
apprenticeship program does not specify, fringe benefits
apprentices must be paid the full amount of fringe benefits
listed on the :.age determination for the applicable
classification. If the Administrator determines that a afferent
practice prevails for the applicab a apprentice classification
fringes shall be paid in accordance ..ith that determination
In the event the Office of Apprenticeship Training. Employer
aryl Labor Services, or a State Apprenticeship Agency
recognzed by the Office. mthdra.,s approval of an
aporenticeship program, the contractor t ill no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed unlit an acceptable
program is approved
b Trainees i programs of the USDOLi
Except as provided in 29 CFR 5 16, trainees 411 not be
permitted to work at less than the predetermined rate for the
-••Ork Performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval. evidenced by formal certification by the U S
Department of Labs. Employment and Training
Administration
The ratio of trainees to )OUreynhen On the job site shall not be
greater that permitted under the plan approved by the
Employment and Training Administration
Every trainee must be paid at riot 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.1th the provisions of the
trainee program If the trainee program does rot menbon
fringe benefits_ trainees shall be paid the full amount of hinge
benefits listed on the +.age determinaton unless the
Administrator of the Wage and Hour Division determmas that
there is an apprenticeship program associated with the
corresponding journeyman „age rate on the wage
determinationwhich provides for less than full fringe benefits
for apprentices Any employee listed on the payroll at a trainee
rate v.110 is not registered and participating in a training plan
approved by the Employment aid Training Administration shall
be paid not less than the applicable +age rate on the cage
determination for the classification of wOrk actually performed
In addition, any trainee performing •:cork on the job site in
excess of the ratio permitted larder tie registered program
shall be paid not less than the applicable wage rate on the
::age determination for the .,,ork actually performed
In the event to Employment and Training Administration
..ytmdra :,s approval of a training program, the contractor all no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved
c Equal employment opportunity The utilization of
apprentices trainees and journeymen under the pan shalt be
in conformity with the equal employment opportunity
requirements of Executive Order 11248. as amended. and 20
CFR part 3C
d Apprentices and Trainees 1pregrms of the U S DOT,
Apprentices and trainees working under apprenticeship and
skill training programs which have teen certified by the
Secretary of Transportation as promoting EEO in connecto-r
:.nth Federal -aid high -ay construction programs are not
subject to the requirements of paragraph 4 of this Section J
The straight time hoary , age rates for apprentices and
trainees Under such programs :.11 be established by the
particular programs. The ratic of apprentices and trainees to
Journeymen shalt not be greater than permitted by the terms of
the particular program
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR pat
3, which are incorporated by reference in ttus contract
6. Subcontracts. The contractor or subcontractor shall insert
Form FMA-1273 in any subcontracts and also require the
subcontractors to friducle Form FHWA•1273 in any Io.ver tier
subcontracts The prime contractor shall be responsible for the
compliance by any subcontractor or loAar tier subcontractor
mth all the contract clauses in 29 CFR S.S.
7. Contract termination, debarment. A breach of the
cortract clauses in 29 CFR 5 5 may be grounds for termination
Of the contract. and for debarment as a contractor and a
sUtcontractor as provided in 29 CFR 5 12
8. Compliance with Davbs43acon and Related Act
requirements. All rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1 3 and 5
are herein incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes ar sirV
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 Mth the procedures
of the Department of Labor set forth in 29 CFR parts 5, 8 and
7. Disputes-.,mhin the meaning of this clause include disputes
bet,een the contractor (or any of its subcontractors) and the
contracting agency, the U S. Department of Labor or the
employees or their representatives
10. Certification of eligibility
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm Mio has an
interest in the contractors firth is a person or firm ineligible to
be a:.arded Government contracts by virtue of section 31a) of
the Davis -Bacon Act or 29 CFR 5 12(aK1)
b. No part of this contract shall be subcontracted to any person
or firm ineligible for a.�ard of a Govemment contract by vmue
of section 3(al of the Davis -Bacon Act or 29 CFR 5 121ak 1 I
c The penalty for making false statements is prescribed in the
US Criminal Code. 18 US C 1001
Agreement No.: 22-201B -49-
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The follo,ing clauses apply to any Fedaralaid construction
contract In an amWnt in excess of $ 100,000 and subject to the
overtime provisions of the Corntract'A`ork Hours and Safety
Standards tics These clauses shall be inserted in addition to
the clauses required by 29 CFR 5 5(al or 29 CFR 4.8 As
used in this paragraph, the terms laborers and mechanics
include :.atchmen and guards
1.Overtime requitements. No contractor of subcontractor
contracting for any part of the contract pork which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
Aerk itek in hich he or she is employed on such wOrk to
-work in excess of forty hours in such work,A*#k Unless such
laborer or mechanic receives compensation all a rate not less
than one and one -hall times the basic rate of pay for all hours
worked in excess of forty hours in such v.ork.:eek
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph I 1 ) of this section. the contractor and any
subcontractor responsible therefor snail be liable for the
unpaid wages In addition, such contractor and subcontractor
shah be liable to the United States tin the case of ,cork done
under contract for the District of Columbia or a territory, 10 such
District of to such territory), for bquidaed damages Such
liquidated damages shall be computed .:th respect to each
individual laborer or mechanic. including watchmen and
guards employed in violation of the clause set forth in
Par agraph (1 ) of the section, in the sun of $10 for each
calendar day on which such individual :,Hs required or
Permitted 10 .+ork in excess of the standard •Ao* &eek of forty
hours ..ttt"M payment of the Overtime , ages required by the
clause set forth in paragraph (1 ) of this section.
3. Withholding for unpaid wages and liquidated damages,
The FHWA or the contacting agency shall upon its o:•n action
or upon .rotten request of an authorized representative of the
Department of Labor lithhold or cause to be withheld from
any moneys payable on account of work performed by the
contractor of subcontractor under any Such contract or any
othei Federal contract ..tin the same prime contractor, or any
other federally -assisted contract subject to the C -dracl Work
Hours and Safety Standards Act, vfikh is held by the sane
Prime contractor• such sums as may be determined to be
necessary to sabshy any liabilities of such contractor or
subcontractor for unpaid .vages and liquidated damages as
Provided in the clause set forth in paragraph (2 ) of this
section
4. Subcontracts. The contractor or subcontrador shall insert
in any subcontracts the clauses set forth in paragraph l 1 )
thvargh (4 ) of this section and also a clause requiring me
subcontractors to include these clauses in any lower tier
subcontracts The prime contracts shall be responsible for
compliance by any subcontractor or lo.-er ber subcontractor
.:Ah the clauses set forth in paragraphs (t i through (4 ) of this
section
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to an Federal -aid construction
contracts on the National High.•.ay System
I The contractor shaiipeWomm v:uV)its o .n organisation
contract :.ark amounting to not less than 30 percent for a
greater percentage d specified etse,:here in the contract of
the total original contract pace, excluding any specl dems
designated by the contracting agency Specialty items may be
Performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contras price before computing the amount of .wrk
required to be performed by the contractors ci rim organization
123 CFR 635 1161
a The term -perform mule :ath its ann organization refers
to v,orkers employed or leased by the prime contractor, and
equipment a-ned or rented by the prime contractor• with or
••:ithout operators Such term does not include employees or
equipment Of a Subcontractor or Vo-.ver tier subcontractor.
agents Of the prime contractor, or any other assignees The
term may include payments for the casts of tying leased
employees from an employee leasug fmr meeting all relevant
Federal and State regulatory requirements Leased
employees may only be included in ttis term if the prime
contractor meets an of the follo „ing conditions
(i 1 the prime contractor maintains control over the
supervision of the dWc-day activities of the leased
employees.
12) the prime contractor remains responsible for the qua,ity
of the v,vk of the leased employees,
(31 the prime contractor retains all po..er to accept or
exclude Individual employees from +ork on the proles. and
(4) the prime contractor remain ultimately respons"o for
the payment of predetermined minimum pages the
submission of payrolls statements of compliance and all
other Federal regulatory requirements
b -Specialty Items "it be construed to be limited to ,.ork
that requires highly specialized knaMedge. abdities. or
equipment not ordtill available In the hype of contracting
organizations qualified and expected to hid of propose on the
contract as a +.hole and in general are to be limited to minor
components of the overall contract
2 The contract amount upon Molt the requirements set forth
in paragraph (1) of Section %I is computed includes the cost of
material and manufactured products vtich are to be
Purchased Of produced by the contractor under the contract
provisions
3 The contractor shall famish (a1 a competent superintendent
or supervisor •;:ho is employed by true firm. has till authority to
direct performance of the .mach in accordance +nth the contras
requirements. and is in charge of all construction operations
Iregardiess of ,.fro performs the Acirki and lbi such other of its
a,r organizational resources (supervision. management. and
engineering services; as the contracting officer determines is
necessary tO assure the WOrnanr-e of the contract.
4 No portion of the contract shall be sutlet, assigned or
other>,ise disposed of except ::nth the .,reject consent of the
contracting officer. or authorized representative. and such
consent the given shall not be construed to relieve the
contractor of any responsibility for the fulfillment Of the
contract Written consent :.el be given only after the
contracting agency has assured that each subccntraci is
Agreement No_ 22-201 B
-50-
evidemed in ..nting and that 8 contains all pertinent provisions
and requirements of the prime contract
5 The 30 � sett -performance requirement of paragraph i 1 i is
not applicable to design -build contracts ha .e•. er contracting
agences may estat ish their a r. sed-perfor^tarce
r"wremems
VII. SAFETY: ACCIDENT PREVENTION
T h i s p r o v i s i o n i s applicable to all Federal -aid
Construction contracts and to all related subcontracts
1. In the performance of this contract the contractor shall
campy +ith as appficabie Federal, State. and local Ia+,S
governing safety, health, and sanitation (23 CFR 635) The
contractor shall provide all safeguards. safety devices and
protective equipment and take any other needed actror is as It
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
ermpioyees on the job and the safety of the public and to
protect property in connection mih the performance of pre
,ork covered by the contract
2 ItIS a cisndNon of fTus wntras, and shag be made a
Condition of each subcontract_ which the contractor enters into
Pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the CorWact. to will in surroundings or under conditions
which are unsanitary. hazardous or dangerous to hwher
health or safety, as determined under constriction safety and
health standards 129 CFR 19261 promulgated by the Secretary
of labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U S C 3704 )
3 Pursuant to 29 CFR 1926 3. l is a condition of this contract
that the Secretary of Labor or authorized representative
thered. shall have right of entry to any see of contract
Performance to inspect or investigate the matter of compliance
Mth the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hour and Safety Standards Act (40
U S C 3704
VIII FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
T h i s p r o v i s 1 o n I s applicable to all Federal aid
construction contracts and to all related subcontracts
In order to assue high quality and duabie construction in
conformity ..nth approved plans and specifications and a high
degree Of IViabllity on statements and representations made
by engineers. contractors. suppliers, and .workers on Federal -
aid high. -ay projects, it is essent at that all persons concerned
,.nth the project perform their functions as carefully, ttmroughy
and honestly as possible. Willful falsification. distortion. or
misrepresentation :.ith respect to any facts related to the
project is a violation of Federal tar+ To prevent any
misunderstanding regarding Qx seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal -aid high ay project (23 CFR 635) in one or more
places ,Aiere a is readily available to all persons concerted
rith the protect
18 U S C 1020 reads aS folla.•,s
"Whoever, berg an officer. agent. or employee of the untied
States. or of any State of Territory. or r tioever, `nbethei a
Person. association. firm or corporation kna.w4y makes any
false statement. false representation, or false report as to the
character quality quantity. or cost of the material! used or to
be used or the quantity or quality of the y,ork performed or to
be perfumed. or the cost thereof in connection --.,nth the
submersion of plans. maps specifications. contracts. or costs
of construction on any high•:ay or related proles submitted for
approval to the Secretary of Transportation. or
Vlhoever kno:.ingly makes any false statement. false
representation. false repot or false Claim . 1th respect to the
character, quality, quantity, or cost of any ewk performed or to
be performed. or materials furnished or to be furnished, in
connection y.ilh the construction of any highv.ay or related
protect approved by the Secretary of Transportation or
Whoever kno angty makes any false statement or false
representation as to material fad in any statement. certificate
Of report submitted pursuant to provisions of the Federal -aid
Roads Act approved July 1 1916 139 Stat 355, as amerded
and supplemented:
Shall be feed under this title of mpnsorxd 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 Federap-and construction
contracts and to all related subcontracts
By submission of this bid proposa or the exec Won of this
coruract, or subcontract. as appropriate the bidder, proposer
Federai-aid construction contractor, or subcontractor as
appropriate will be deemed to have stipulated as follows
I That any person who is or will be utilized in the
Performance of this contract is rot Prohibited from receiving an
ar.wd due to a violation of Section SW of the Clean Water Act
or Section 306 of the Clean Air Act
2 That the contractor agrees to include or cause to be
included the requirements of paragraph 111 of thus Secborn 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 applicable to ail Federal -aid construction
cGntrads, design-lw,ld contractssubcontracts to,er-tier
subcontracts purchase orders lease agreements. cons l tart
contracts or any oiler covered "Macton requiring FMVA
approval or that is estimated to cost $25 000 or more - as
defined in 2 CFR Parts 180 and 1200
I. Instructions for Certification - First Tier Participants.
a By signing and Submitting this proposal. the prospechve
first ter participant is providing the certification set out belo.•.
b The inability of a person to provide the certification set out
txlay mil not ne,-essarily result in denial of participation in this
Agreement No.: 22-201 B
51-
Covered transaction The prospective first tier participant shall
submit an explanation of by it cannot provide the certification
set out belay The certftation or explanation wdl be
considered in connection mph the department or agencys
Cetermnabon •..nether to enter Into this transaction. Ho,vver
failure of cue prospective first her participant to furnish a
certification or an expanaton shall disqualify such a person
from particlWon in this transaction
c The certdreatpon in this clause is a material representation
of tact upon :, hich reliance,.,as placed ./hen the contracting
agency determined to enter into this transaction If it is later
determined that the prospective participant kwv*,gly rendered
an erroneous certification, in addition to otter remedies
available to the Federal Government the contracting agency
may terminate this transaction for cause of default.
d The prospective fits[ tier participant shall provide
immediate .:rotten notice to the contracting agency to whom
this proposal is submitted if any time the prospective first her
participant learns that its certification was erroneous r.nen
submitted of has become erroneous by reason of changed
circumstances
e The terns -covered transaction." 'debarred.'
'suspended "ineligible,".participant,-'person." 'principal.
and'yolurcarly excluded.' as used in this clause. are defined
in 2 CFR Parts 160 and 1200 -First Tier Covered
Transactions" refers to any covered transaction bet:: een a
grantee or subgrantee of Federal holds and a participant (such
as the prime or general contract) `Lover Tier Covered
Transactions' refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). -First Tier
Participant' refers to the participant wto has entered into a
Wavered transaction with a grantee or subgranlee of Federal
funds [such as the prime or general contractors -Lo,,er 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 anc suppliers,
f The prospective first tier participant agrees by submitting
this proposel that, should the proposed covered transaction be
entered into it shall not krawnngly enter into any to er tier
cowred transaction with a person who is debarred,
suspended. declared ineligible. or voluntarily excluded from
participation in this covered transaction, unless aulhonzed by
the department or agency entering into this transaction
g The prMpecttve first tier participant further agrees by
submitting this proposal that it will include the clause titled
Certification Regarding Debarment. Suspension. Ineligibility
and Voluntary Exclusion -Lower Tier Covered Tramactors.'
provided by the department or contrac" agency entering
into this covered transaction, without modification. in all lower
tier covered transactions and n all sdnciiabons for b•«er bra
covered transactions exceeding the $25.000 threshold
h A participant in s covered transaction may rely upon a
certification of a prospective participant in a loner her covered
transaction that is not debarred. suspended. ineftgible or
v0l ntanly excluded from the covered transaction, unless it
kno•.,s that the certification is erroneous A participant is
responsible for ensuring that its principals are nit suspended
debarred. Of 0therMSe Inetlgible to participate in coveted
transactions To venfy the eligibility of its principals. as ,well as
the eligibility, of any b.:er her prospective participants. each
participant may. but is not required to. check the Excluded
Panes List Svstem v;elysitte 1,https : r v,r:;,ei which Is
compiled by the General Services Administration
I Nothing Contained in the foregoing shall be construed to
require the establishment of a system of records rn order to
I'd' n good fath the certification required by this clause
The kn r,ledge and reformation of the prospectrx paniupart
is not required to exceed that Ihidl is normally Possessed by
a prudent Derson in the ordinary course of bus;ness dealings
) Except for transactions authorized under paragraph ,f i of
these instructions. if a parWpart in a covered transaction
kno„ugly enters into a to •.er her coined transactor. , mh a
person L,•to is suspended debarred. ineligible of voluntar,. y
excluded from participation in this transadwr in addition to
other remedies available to the Federal Govertmern. the
dePartment or agency may terminate this trarsadion for cause
or default
2. Certification Regarding Debarment. Suspension
Ineligibility and Voluntary Exclusion - First Tier
Participants!
a The Prospective first bef pamcpant certifies to the best of
its knoMedge, and belief, that it and its principals
1 1) Are not presently debarred. suspended. proposed for
debarment. declared ineligible. or voluntarily excluded from
Participating In COvWW transactions by any Federal
department or agency:
(2) have not Ahln a three-year Period Preceding this
Proposal been convicted of or had a civil judgment tendered
against them for commission of fraud or a auninal offense in
connection with obtaining attempting to obtain, or performing
a public (Federal, State or local) trarllaCLon Cr Contract under
a Public transaction, violation of Federal or State antitrust
stables Or commission of embezzlement. theft. forgery.
bribery. faisihcation Or destruction of records, making false
statements or receiving stolen property
13) Are rat Presently indicted for or otherrise crvrnnally of
civilly charged by a governmental entity {Federal State or
local) pith commission of any of the offenses enumerated in
Paragraph W21 of this certification , and
141 Have not Ahwn a three-year period preceding this
appiica1kWPfOPosal had one or more public transactions
{Federal. State on lOC2 f terminated for Cause or default
b Where the prospective participant rs unable to certify 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
I Appiicable to all subcontracts. Purchase orders and Me,
lc, ev tier transactions requiring prior FMNA approva' or
estimated to cost $25 000 or more - 2 CFR Parts I K and
1200i
a By signing and submitting this proposal, the prospectr:e
lower tier is Providing the certification set out beta:.
b The certification In this clause is a material repiesmtalion
Of fad upon .•Anich reliance -as placed ..then this transaction
,,as entered into If h is later determined that the prospective
loser tier participant kroningly rendered an erroneous
certification in addition to other remedies available to the
Federal Government, the department or agency mth ti cis
Agreement No.: 22-201 B
- 52 -
thus transaction gymated may Pursue available ternedes.
including suspension and'or debarment
c The prospective lower tier participant shall provide
immediate iMen notice 10 the Person to which this proposal Is
Submitted if at any time the prospective 1O,.er tier participant
learns Iha< its certification ..as erroneous by reason of
charged circumstances
d The terms 'covered transaction' "debarred
suspended - -ineligible' "participant,"person' .principal.
and "vOlvntanly excluded." as used in this Clause, are defined
in 2 CFR Parts 180 and 1200 You may contact the person to
wtiich this proposal is submitted for assistance in obtairving a
copy of those reguations 'First Tier Covered Transactions'
refers to any covered transaction between a grantee or
subgranlee of Federal hinds and a participant such as the
prime or general contract,-Lo•.er Tier Covered Transacbms'
refers to any covered transaction under a First tier Covered
Transaction (such as subcontracts) 'First Tier Participant'
refers to the Pitrlicipant ,•trio has entered into a covered
transaction +.ith a grantee or subgantee of Federal funds
(such as the prime or general contractor) -Loner Tier
Participant refers any participant vto has entered into a
covered transaction With a First Tie Participant or other Lo:•,er
Tier Participants (such as subcontractors and suppliers)
e The prospective loner De participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into. A shall not knavingly enter into
any lover tier covered transaction .Ith a perso n wha is
debarred. suspended. declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the deparlmem or agency with which this
transaction originated.
f The PrOsPect ve 10 .*f Der Participant fuller agrees by
submitting this proposal that A hill include this douse titled
'Certification Regarding Deba rent. Suspension. Inneligiblirty
and voluntary Excluaion-Lower Tier Covered Transaction. -
without modification. in all tower tier covered transactioi s and
in all SOI Cdab0 ns forla,•er tie covered transactions exceeding
the $25 000 threshold
g A Participant in a covered transaction may rely upon a
cemficabon of a prospective participant in a lo..er tier covered
transaction that is not debarred. suspended, ineligible, or
vOkihtar ly excluded from the covered transaction, unless a
kno:.s that the certification is erroneous A participant is
responsible for ensuring that As principals are not suspended
debased. or othermse ineligible to participate in covered
transactions To verify the eligibility of its prncipals, as well as
the eligibility of any lo..er her prospective participants. each
participant may but is not required to, diecli the Excluded
Parties List System vebsite Lh tips 1lvrwv, Ipb aovi"), which is
compiled by the General Services Administration
h Nothing contained in the foregoing shall be constnied to
require establishment of a system of records in order to render
in good faith the certrficatiOn required by this clause. The
kno Aedge and information of participant is not required to
exceed that ..fuck is normally possessed by a prudent person
in the ordinary course of business dealings
i. Except for transactions authorized under paragraph a of
these nstructims A a participant in a covered transaction
kno:•.ingiy enters into a io,.er her covered transaction ..ith a
Person v ft is suspended, debarred ineligible or voluntarily
excluded from participation in this transaction. in addition to
other remedies available to the Federal Government. the
F�
department Or agency v.hth .+loch this transaction originated
may pwsue available remedies including suspension and of
debarment
Certification Regarding Debarment. Suspension
Ineligibility and Voluntary Exclusion —Lower Tier
Participants:
1 The prospective lo..er tier parttCIpant Certfies, b;
submission of tos proposal, that neither it nor Is principals is
presently debarred. suspended. proposed for debannerd
declared ineligve. dx'voiu manly excluded from parpcipating in
covered transactions by any Federal department or agermy
2 "vnere the prospective 10..er ter, participant is unable to
cenify to any of the statements in this certification such
Prospective participant shall attach an etpianation to I nis
proposal
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal -aid constn,ctwn
cormacts and to an related subcontracts ..hich exceed
$100.000 (49 CFR 201
1. The prospective participant certifiesby signing and
Submitting tthis bid or Proposalb the best of his or her
kno+•ledge and belief that
a. No Federal appropriated funds have been Paid or .�dl be
paid by or Or, behalf of the undersigned to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a fv%mber of Congress an officer or
employee of Congress. or an employee of a Member of
Congress in connection •kith the anardhng of any Federal
contract the making of any Federal grant. the making of any
Federal loan the entering into of any cooperative agreement
and the extension, continuation rene:.ai amendment or
modification of any Federal contras grant loan, or
cooperative agreement
b If any funds other than Fecerai appropriated funds have
been paid or hill be paid to any person for influer" or
attempting to influence an officer Of employee of any Federal
a4eMy, a Member of Congress an offic& or employee of
Congress, or an employee of a Member of Congress in
connection «ith " Federal contact grant ban or
c00perabve agreement, dw undersigned shall complete and
sub,mrt Standard Fenn-LLL. "Disclosure Form to Report
Lobbying' in accordance :.ith its nstrusions
2 This certification is a material representation of fact upon
,.tlich reliance was placed Lnhen this transaction v;as made or
entered into Submission of tfxs certification is a pierequ site
for making or entering into this transaction wed by 31
U S C 1352 Any person �aho fads to file the required
0eftrrtcaboit shall be sutfleci to a crrd penalty of not less than
S10M0 and not more than S 100 000 for each such failure
3 The prospective participant a so agrees by sutxmmtrig its
bid Or proposal that the participant shal require that the
language of this certification be included in all ky,.er tier
subcontracts sAucth exceed SIX DJ and that all such
reepients shall certify and disclose accordingly
17
Agreement No., 22-201 B - 53 -
ATTACHMENT A • EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provisions applicable to all Feciera-aid projects funded
under the Appalachian Regional Development Act of 1%$
1 During the performance of this contract. the contractor
undertaking to do •:.ork •:fish is or reasonably may be done
as on -site ork shall give preference to qualified persons .hc
regularly reside in the labor area as designated by the DO-
-herein the contract •:.ork is situated. a the subregion or the
APPaluhian counties of the State :.herein the contract rock is
situated, except
a To the extent that qualified persons regularly residing in
the area are not available
b For the reasonable needs of the contractor to erlVoy
supervisory or specialty experienced personnel necessary to
assure an efficient execution of the contract +••ork
c For the obligation of the contractor to offer employment to
present or former employees as the result of a la.vhi collectr.e
bargaining contract, provided that the number of nonresident
Persons employed under Ill subparagraph I I c I shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract v.ork except as provided in
subparagraph r41 belay:
2 The contractor shall place a job order :.th the State
Employment Servict ind"brlg (a) the classifications of the
laborers, mechanics and other employees required to perform
the contrald °.ork. (bi the number of employees required in
each classification (c) the date on hfiich the participant
estimates such employees %.,ill be required and Idt any outer
pertinent irdcrmation required by the State Employment
Service to conViete Bx job order form The job order may be
Placed •With the State Employment Service to ,•mtrny or by
telephone If during the course of the contrail irk, the
information submitted by the contractor in the original jab arm
is substantially modified. the participant shalt promptly nottfy
the State Employment Service
3 The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Sernce The contractor rs not required to grant employment to
any job applicants ,.he, in his opinion. are not qualified to
perform the classification of -voile required
d If. nithhm ore ,+eek foaa.+ug the pacing of a job order by
the contractor mth the State Employment Service the State
Employment Sennce is ratable to refer any qualified job
applicants to the contractor. or less than the number
requested the State Employment Service all fon,.ard a
certificate to the contractor ndeatng the unavailability of
applicants Such certificate shall be made a part of the
contractof's Permanent project records Upon receipt of tins
certificate fie contractor may employ persons ..fio do not
normally reside in the labor area to rill positrons covered by the
cedificate notntthstandng the Provisions Of subparagraph i I c t
above
5 The Prw*,Ons of 23 CFR 633 207(e) aiio•: the
contracting agency to provbe a contractual Preference or the
use of mineral resource materials native to the Appalactian
region
Agreement No.: 22-201 B
E The contractor shall include the provisions of Sections 1
through 4 of this Atlachinent A in every subcontract for •Work
::hick is or reasonably may be done as on -site ++ork
ATTACHMENT "V
B 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 FHWA 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"
FFPERFORMANCE 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 wont provided
for in the Agreement, and;
3. Pays Authority all loss, damages, expenses, costs, and attorneys fees, including appellate proceedings, that
Authority sustains because of a default by Principal under the Agreement, and:
4. Performs the guarantee of all work and materials furnished under the Agreement for the time specified in the
Agreement, and;
5. At completion of all work covered by Agreement and Final Payment by Authority to Principal then Principal
will replace this Performance and Payment Bond with a Proposal Bond, in the amount of 5% of this
Performance and Payment Bond, to be held by the Authority as a guarantee that Principal will provide to the
Authority a Performance and Payment Bond in the amount of up to $10,000,000 on the occasion of a
subsequent Task Order in accordance with the above referenced Agreement;
then this bond is void; otherwise it remains in full force.
Surety shall be responsible for any and all liquidated damages imposed by the Authority for the referenced Agreement.
Agreement No.: 22-201 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 , 20
PRINCIPAL:
By: _
WITNESS:
Name:
1.
Title:
2.
Address:
Telephone:
SURETY:
By:
Signature
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.: 22-2018 -57-