HomeMy WebLinkAboutDocumentation_Regular_Tab 15_07/13/2017 Village of Tequesta
345 Tequesta Drive ,.s.E OF
TEao� 561-768-0700
Tequesta, FL 33469 JA vvww.tequesta.org
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1'EQUESTA PUBLIC WORKS DEPARTMENT MEMORANDUM
To: Michael R. Couzzo, Village Manager
From: Douglas M. Chambers, Deputy Director Public Works
Subject: Phillips &Jordan Hurricane/Disaster Debris Removal,Reduction &Disposal
Date: June 19, 2017
The attached agenda item is for Hurricane/Disaster Debris Removal, Reduction & Disposal.
The previous contract with Phillips &Jordan has expired.This is a request to piggyback a (5) year
contract Philips &Jordan has signed with the Solid Waste Authority. The effective date of this
contract will be July 13, 2017-July 13 2022.
The Contractor will provide Emergency Debris Removal & Disaster Recovery Services as outlined
in the Scope of Work section in the Contract. If needed the Village of Tequesta will issue "Task
Orders" to the contractor. Each Task order will describe the work needed along with the
rate/amount as defined and referenced in Exhibit "A" in the Contract. Compensation maybe
negotiated as a lump sum or a not to exceed amount for any "Task Order".
The Village may be eligible for reimbursement though FEMA (Federal Emergency Management
Agency). Payment to the Contractor is NOT contingent upon the Village of Tequesta being
reimbursed by FEMA.
Douglas M. Chambers
Deputy Public Works Director
dchambers@tequesta.org
561-768-0483
Vice-Mayor Vince Arena Mayor Abby Brennan Council Member Tom Patemo
Council Member Steve Okun Council Member Frank D'Ambra
Village Manager Michael Couzzo
THE VILLAGE OF TEQUESTA
PIGGYBACKING CHECKLIST
Instructions:This form is to be completed for any purchase of goods, or contract for services where the Village
will utilize a contract competitively bid by another governmental agency(i.e. "Piggyback").
*Revised April 19,2017
Department: Public Works Date: 6/19/2017
Item/Service Hurricane/Disaster Debris Removal
Vendor/Service Provider Phillips&Jordan, Inc.
❑ State Contract tf E Other Governmental Agency
*Chapter287, F.S.
YES NO
0 ❑
i Is the contract current? Effective date: 5/8/2017 Expiration Date: 5/7/2022
If piggybacking a State Contract please stop here.
2 Other Governmental Agency Solid Waste Authority Agreement No. 17-2046
YES NO
3 Was item/service bid out in compliance with the Village's Purchasing Policies & Procedures?
Is the price that the Village will receive by piggybacking equal to the price obtained by the agency ❑
4 named above?
0 ❑
5 Has the governmental agency given the Village permission to piggyback on the the contract?
6 Has the vendor given the Village permission to piggyback on the contract?
6- /a-/ 7
ent Head Signature Date
CONTRACT FOR EMERGENCY DEBRIS AND DISASTER RECOVERY SERVICES
THIS CONTRACT, is entered into and effective between the Village of Tequesta, a
municipal corporation of the State of Florida located at 345 Tequesta Drive, Tequesta, Florida
33469, (hereinafter referred to as the "Village") and Phillips and Jordan, Inc., a foreign
corporation, whose principal address is 10201 Parkside Drive, Suite 300, Knoxville, Tennessee
37922 (hereinafter referred to as the"Contractor"), as follows:
WHEREAS, the Village requires the removal, reduction, and disposal of
hurricane/disaster debris; and
WHEREAS, the Contractor represents it is capable and prepared to provide such
services; and
WHEREAS, the Contractor has entered into a certain contract with the Solid Waste
Authority ("SWA") for these services, Contract No. 17-204B effective May 5, 2017 ("SWA
Contract"); and
WHEREAS, the SWA Contract was competitively bid and the Village desires to enter
into a contract with the Contractor under the same terms and conditions as the SWA Contract
and the Contractor has offered same to the Village.
NOW, THEREFORE, in consideration of the promises contained herein, the parties
hereto agree as follows:
ARTICLE 1-EFFECTIVE DATE/TERM
The effective date of this Contract shall be July 13,2017.
Term of Contract shall be for a five (5) year period, unless otherwise terminated as provided
herein. The Village shall have the option of extending the Contract for one additional one (1)
year period at the same terms and conditions with approval from the Village Council. Such
extension shall be in the form of a written Amendment to the Contract executed by both parties.
The continuance of this Contract 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 Village, based on this review, of whether or not the
Contractor continues to be a viable firm to provide the services described in this Contract.
ARTICLE 2-SERVICES TO BE PERFORMED BY CONTRACTOR
The Contractor shall perform Emergency Debris Removal and Disaster Recovery Services as set
forth in the Scope of Work attached to the SWA Contract, and as may be specifically authorized
by the Village. Such authorizations will be referred to as Task Orders. Each Task Order will set
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forth a specific scope of services, rate/amount of compensation, completion date, and other
pertinent details of the task being authorized. The Village, by virtue of this contract, gives the
Contractor no guarantee of any work/services or any specific amount of work/services that may
be accomplished during the period this contract is in full force and effect. The SWA Contract is
attached hereto and incorporated by reference as part of this Contract as Exhibit"A".
ARTICLE 3-COMPENSATION
3.1-GENERAL
The Village shall pay Contractor as set forth in the Fee Schedule attached to the SWA Contract,
which is attached hereto and incorporated by reference as part of this Contract as Exhibit"A". If
needed, compensation may be negotiated as a lump sum or not-to-exceed amount for any Task
Order.
The Contractor shall submit semi-monthly invoices for services rendered. Invoices must
reference the Task Order number. Invoices shall include a statement of progress and appropriate
audit quality detail to satisfy FEMA requirements.
Payment of the Contractor by the Village is not contingent upon the Village being reimbursed by
the Federal Emergency Management Agency. Payment to the Contractor will be made for any
work directed by the Village which is determined by Federal and State agencies to be ineligible
for reimbursement.
Each individual invoice shall be due and payable thirty (30) days after receipt by the Village of
the Contractor's correct, fully documented, invoice. All invoices shall be delivered to:
Village of Tequesta
345 Tequesta Drive
Tequesta,Florida 33469
In order for both parties herein to close their books and records, the Contractor will clearly state
"Final Invoice" on the Contractor's final/last billing to the Village. This certifies that all services
have been properly performed and all charges and costs have been invoiced to the Village. Since
this account will thereupon be closed, any and other further charges if not properly included on
this final invoice are waived by the Contractor.
The Village will retain five percent(5%) of the payment under each Task Order until such time
as the entire project is completed to the Village's satisfaction and all sub-contractors and any
material suppliers verify that they have been paid.
ARTICLE 4-INSURANCE
During the performance of the services under this Contract, the Contractor shall maintain the
following insurance policies by an insurance company authorized to do business in Florida.
1. General Liability Insurance with bodily injury limits of not less than $ 1,000,000
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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.
Deductible amounts shall not exceed five percent(5%) of the total amount of required insurance
in each category. Should any policy contain any unusual exclusions, said exclusions shall be so
indicated on the certificate(s)of insurance.
The Contractor shall furnish the Village 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 written notice has been made to the Village. The Contractor shall include the
Village as an additional insured on the General Liability and Automobile Liability insurance
policy required by the Contract. All of the Contractor's sub-contractors shall be required to
include the Village and the Contractor as additional insured on their General Liability insurance
policies.
In the event that sub-contractors used by the Contractor do not have insurance, or do not meet the
insurance limits, the Contractor shall indemnify and hold harmless the Village for any claim in
excess of the sub-contractor's insurance coverage.
The Contractor shall not commence work under this Contract until all insurance required as
stated herein has been obtained and such insurance has been approved by the Village.
ARTICLE 5-STANDARD OF CARE
The Contractor shall exercise the same degree of care, skill, and diligence in the performance of
the services as is ordinarily provided by a comparable professional under similar circumstances
and the Contractor shall, at no additional cost to the Village, re-perform services which fail to
satisfy the foregoing standard of care.
The Contractor warrants that all services shall be performed by skilled and competent personnel
to the highest professional standards in the field.
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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, the Village and the Contractor
agree to allocate such liabilities in accordance with this Article 6.
6.2 INDEMNIFICATION
The Contractor agrees to protect, defend, indemnify, and hold harmless the Village, its
employees and representatives, from any and all claims and liabilities including all attorney's
fees and court costs, including appeals, for which the Village, its employees and representatives,
can or may be held liable as a result of injury(including death)to persons or damage to property
occurring by reason of any acts or omissions of the Contractor, its employees, or agents, arising
out of or connected with this Contract. The Contractor shall not be required to indemnify the
Village or its agents, employees, or representatives, when an occurrence results solely from the
wrongful acts or omissions of the Village,or its agents,employees or representatives.
63 SURVIVAL
Upon completion of all services, obligations and duties provided for in this Contract, or in the
event of termination of this Contract for any reason, the terms and conditions of this Article 6
shall survive.
ARTICLE 7-INDEPENDENT CONTRACTOR
The Contractor undertakes performance of the services as an independent contractor and shall be
wholly responsible for the methods of performance. The Village shall have no right to supervise
the methods used, but the Village shall have the right to observe such performance. The
Contractor shall work closely with the Village in performing services under this Contract.
The Contractor shall not pledge the Village's credit or make it a guarantor of payment of surety
for any Contract, debt, obligation, judgment, lien or any form of indebtedness. The Contractor
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this Contract.
ARTICLE &AUTHORITY TO PRACTICE
The Contractor hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct its business, and that it will at all times conduct its
business activities in a reputable manner.
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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
The Village reserves the right to accept the use of a sub-contractor or to reject the selection of a
particular sub-contractor and to review the capabilities of any sub-contractor to perform properly
under this Contract. Rejection of any sub-contractor will be based on,but not limited to, negative
references, insufficient resources, or conviction of a Public Entity Crime. If a sub-contractor
fails to perform or make progress, as required by this Contract, and it is necessary to replace the
sub-contractor to complete the work in a timely fashion, the Contractor shall promptly do so,
subject to acceptance of the new sub-contractor by the Village.
ARTICLE 11-FEDERAL AND STATE TAXES
The Village is exempt from Federal Tax and State Sales and Use Taxes. Upon request, the
Village will provide an exemption certificate to the Contractor. The Contractor shall not be
exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations
with the Village, nor shall the Contractor be authorized to use the Village's Tax Exemption
Number in securing such materials.
ARTICLE 12-AVAILABILITY OF FUNDS
The obligations of the Village under this Contract are subject to the availability of funds lawfully
appropriated for its purpose by the Village Council.
ARTICLE 13-VILLAGE'S RESPONSIBILITIES
The Village shall be responsible for providing access to all project sites, and providing
information required by the Contractor that is available in the files of the Village.
ARTICLE 14-TERMINATION OF CONTRACT
This Contract may be terminated by the Contractor upon thirty (30) days prior written notice to
the Village in the event of substantial failure by the Village to perform in accordance with the
terms of the Contract through no fault of the Contractor. It may also be terminated by the Village
with or without cause immediately upon written notice to the Contractor. Unless the Contractor
is in breach of this Contract, the Contractor shall be paid for services rendered to the Village's
satisfaction through the date of termination. After receipt of a Termination Notice and except as
otherwise directed by the Village,the Contractor shall:
a. Stop work on the date and to the extent specified.
5
b. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work.
c. Transfer all work in process, completed work, and other material related to the
terminated work to the Village.
d. Continue and complete all parts of the work that have not been terminated.
The Contractor shall be paid for services actually rendered to the date of termination and for any
reasonable costs incurred.
ARTICLE 15-UNCONTROLLABLE FORCES
Neither the Village nor the Contractor shall be considered to be in default of this Contract 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 Contract and which is beyond the reasonable
control of the non-performing party. It includes, but is not limited to fife, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions,
with the exception of those events that trigger the activation of this Contract.
Neither party shall, however, be excused from performance if nonperformance is due to forces
which are preventable,removable, or remediable and which the nonperforming party could have,
with the exercise of reasonable diligence, prevented, removed or remedied with reasonable
dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed
from performance by an uncontrollable force, give written notice to the other party describing
the circumstances and uncontrollable forces preventing continued performance of the obligations
of this Contract.
ARTICLE 16-GOVERNING LAW AND VENUE
This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County and the Contract will be
interpreted according to the laws of Florida.
ARTICLE 17-NON-DISCRIMINATION
The Contractor warrants and represents that all of its employees are treated equally during
employment without regard to race, color, national origin, religion, ancestry, sex, age, marital
status, sexual orientation, disability or gender identity or expression.
ARTICLE 18-WAIVER
A waiver by either the Village or the Contractor of any breach of this Contract shall not be
binding upon the waiving party unless such waiver is in writing. In the event of a written waiver,
6
such a waiver shall not affect the waiving party's rights with respect to any other or further
breach. The making or acceptance of a payment by either parry with knowledge of the existence
of a default or breach shall not operate or be construed to operate as a waiver of any subsequent
default or breach.
ARTICLE 19-SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Contract, or the occurrence
of any event rendering any portion or provision of this Contract void, shall in no way affect the
validity or enforceability of any other portion or provision of the Contract. Any void provision
shall be deemed severed from the Contract and the balance of the Contract shall be construed and
enforced as if the Contract did not contain the particular portion or provision held to be void. The
parties father agree to reform the Contract to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
The provisions of this section shall not prevent the entire Contract from being void should a
provision which is of the essence of the Contract be determined to be void.
ARTICLE 20-BONDS
The Contractor shall maintain an appropriate size bond as determined by the Village after
assessment of damage and definition of the Contractor's scope of service. In case of hurricane
caused damage, a Category I 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. The cost of the Bond is included in
the unit rates in the Fee Schedule, Exhibit A.
ARTICLE 21-MODIFICATION
The Contract may not be modified unless such modifications are evidenced in writing signed by
both the Village and the Contractor. Such modifications shall be in the form of a written
Amendment executed by both parties.
ARTICLE 22- SUCCESSORS AND ASSIGNS
The Village and the Contractor each binds itself and its partners, successors, assigns and legal
representatives to the other party to this Contract and to the partners, successors, executors,
administrators, assigns, and legal representatives. The Contractor shall not assign this Contract
without the express written approval of the Village via executed amendment.
ARTICLE 23-CONTINGENT FEES
The Contractor warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the Contractor,to solicit or secure this Contract and that
it has not paid or agreed to pay any person, company, corporation, individual or firm, other than
7
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 Contract.
ARTICLE 24-TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Contract 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 Contract are accurate, complete,and current as of the date of the Contract.
The said rates and costs shall be adjusted to exclude any significant sums should the Village
determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent
wage rates or due to inaccurate representations of fees paid to outside contractors. The Village
shall exercise its rights under this"Certificate"within one(1)year following payment.
ARTICLE 25-OWNERSHIP OF DOCUMENTS
The Contractor shall be required to cooperate with other contractors relative to providing
information requested in a timely manner and in the specified form. Any and all documents,
records, disks, original drawings, or other information shall become the property of the Village
for its use and/or distribution as may be deemed appropriate by the Village.
ARTICLE 26-ACCESS AND AUDITS
The 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
Village as Federal Emergency Management Agency sub-grantee as required by FEMA'S 322
Public Assistance Guide, page 114, as amended. The Village shall have access to such books,
records, and documents as required in this section for the purpose of inspection or audit during
normal working business hours at the Contractor's place of business.
ARTICLE 27-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 or by a recognized
overnight express mail service as follows:
As To Village As To Contractor
Village of Tequesta Phillips and Jordan, Inc.
345 Tequesta Drive 10201 Parkside Drive, Suite 300
Tequesta,Florida 33469 Knoxville, Tennessee 37922
Attention: Village Manager Attention: J. Patrick McMullen, President
Office: 561.768.0465 Office: 828.688.8342 Fax.: 865.392.3090
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
8
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 sent as required herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of the Contractor and the Village.
ARTICLE 28-CONTRACT ADMINISTRATION
Services of the Contractor shall be under the general direction of Doug Chambers, Deputy Public
Works Director,who shall act as the Village's representative during the term of the Contract.
ARTICLE 29-KEY PERSONNEL
The Contractor shall notify the Village in the event of key personnel changes which might affect
this Contract. Notification shall be made within five (5) days of said changes. The Village has
the right to reject proposed changes in key personnel and rescind this Contract. Key personnel
are specified in Article 31 of Exhibit"A".
ARTICLE 30-TASK ORDER/PERFORMANCE
Task Orders shall be executed bilaterally and the scope of services and format of Task Order
shall be mutually agreed to by the Contractor and the Village. Since this contract has been
approved by the Village Council, individual task orders may be approved by the Village
Manager. 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 Village for review and acceptance.
The Village shall have the right to correct for vendor default or underperformance by any means
it deems in its best interest. The 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 31 -INSPECTOR GENERAL
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.
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ARTICLE 32-PUBLIC RECORDS
In accordance with Sec. 119.0701, Florida Statutes, the 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,the 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 attomey's
fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec.
119.10,Florida Statutes. Further,the 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, the 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 THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT
(561) 768-0685, OR AT Imcwilliams(u�tequesta.org, OR AT 345
TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.
ARTICLE 33-ENTIRETY OF CONTRACT
The Village and the Contractor agree that this Contract (including Exhibit "A") sets forth the
entire Contract between the parties, and that there are no promises or understandings other than
those stated herein. This Contract supersedes all prior contracts, proposals, representations,
negotiations, letters or other communications between the Village and Contractor pertaining to
the services, whether written or oral. None of the provisions, terms and conditions contained in
this Contract may be added to, modified, superseded or otherwise altered except by written
instrument executed by the parties hereto.
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IN WITNESS WHEREOF, the Village and the Contractor have executed this Contract.
ATTEST: VILLAGE OF TEQUESTA
Lori McWilliams, MMC, Village Clerk Abigail Brennan,Mayor
Dated:
[VILLAGE SEAL]
A 1"1'hST: PHILLIPS AND JORDAN, INC.
A istant Corporate Secretary Dudley Orr, Vice ttresident
Dated:
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May 24,2017
Village of Tequesta
345 Tequesta Drive
Tequesta,FL 33469
RE: Mutual Aid Agreement for Hurricane/Disaster Debris Removal,Reduction and Disposal between
Solid Waste Authority of Palm Beach County,and Phillips and Jordan, Inc.
Phillips and Jordan,Inc. (P&J)and the Solid Waste Authority of Palm Beach County have executed an
Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal,Agreement No. 17-204B,
effective May 8,2017,through May 7,2022.
Article 34(Agreements with other Government Entities)of Agreement No. 17-204B states:
The CONTRACTOR agrees that this Agreement constitutes an offer to all State Agencies and
Political Subdivisions 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 Political Subdivision of
the State of Florida from re-solicitation.
I would like to offer to the Village of Tequesta,Fla.,to enter into this exclusive agreement with Phillips&
Jordan, Inc. per Article 34 of Agreement No. 17-204B.This offer is made at the same terms and
conditions stated in the referenced agreement.
Please return one fully executed original letter upon acceptance.
Sincerely,
PHILLIPS&JORDAN,INC. ACCEPTED:VILLAGE OF TEQUESTA
Signatu re Signature
Dudley Orr Vice President
Printed Name/Title Printed Name/Title
-(j'` '
Date Date
10201 Parkside Drive-Suite 300•Knoxville, TN 37922•office 865 688.8342•fax 865.688 8369
pandj.com
Ex. A
$11
SWA
SOLID WASTE AUTHORITY
AGREEMENT
FOR
HURRICANE 1 DISASTER DEBRIS
REMOVAL, REDUCTION AND DISPOSAL
BETWEEN
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
AND
PHILLIPS AND JORDAN, INC.
AGREEMENT NO. 17-204B
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
7501 NORTH JOG ROAD
WEST PALM BEACH, FLORIDA 33412
TABLE OF CONTENTS
ARTICLE PAGE
1. Effective Date 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 Practice 4
9. Compiance with Laws. 4
10. Sub-Contracting 4
11, Federal and State Taxes. 4
12. Availability of Funds W 4
13. Authority's Responsibiities 4
14. Default 4
15. Termination for Convenience 5
16. Uncontrollable Forces. 5
17. Remedies. 5
18. Non-Discrimination 5
19, Waiver 6
20. Smerability 6
21. Entirety of Agreement. 6
22. Modification 6
23. Successors and Assigns 6
24. Contingent Fees 6
25. Truth-in-Negotiation Certificate 7
26. Ownership of Documents 7
27. Public Records,Access and Audits 7
28. Office of Inspector General 8
29. Notice 9
30. Contract Administration 9
31. Key Personnel 9
32. Small Business Enterprise(SBE) 10
33. Scrutinized Companies 10
34. Agreements with other Govemmentrti Entities 10
35, Third Party Beneficiary Disclaimer 10
36. Confidentially 10
37. Escalation pause 10
38. Order of Agreement Activation/Location Assignment 11
39. Task Order/Performance. 11
40. Bonds 11
41. Buy America Requirements 11
42. Disadvantaged Business Enterprises 12
43. Certification Regarding Suspension and Debarment 12
44. Access to Records and Their Retention 12
45, Audit Requirements 13
Agreement No. 17-204B i
ARTICLE PAGE
46. National Environmental Policy Act(NEPA) 13
47. Americans with Disabilities Act 13
48, Compiance with TKb VI,Title VII and other
Federal Laws&Regulations 13
49. Convict Labor Prohibition 13
Agreement Execution 14
EXHIBITS
A Scope of Work 15
B. Fee Schedules 28
C. SBE Plan 31
D. Debris Zones and Potential Temporary Debris Sites Map 32
E. Location of Publicly Owned Debris Management Sites 33
F. Task Older Disaster Debris Management 34
G. Mobilization Schedule 35
H. Buy America Requirements 36
I. Performance&Payment Bond 37
Agreement No.17-204B ii
HURRICANE/DISASTER DEBRIS
REMOVAL,REDUCTION AND DISPOSAL
AGREEM ENT NO.11.204B
This Agreement is made and entered into as of May 5,2017,by and between the Solid Waste Authority of Palm
Beach County,especial disfrictcreated by Chapter 2001-331,Lass of Florida,as ardended,thereinafter referred to
as AUTHORITY) and Philips and Jordan, Inc. (hereinafter referred to as CONTRACTOR), a North Carding
Corporation,whose Federal Employer Identification Number is 56-0694573.
Wherins, in accordance with the AUTHORITYS Request for Proposal No. 17-204/SLB, 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 capable and prepared to provide such services.
Now,therehm,in consideration of the promises contained herein,the parties hereto agree as follows:
ARTICLE 1 -EFFECTIVE DATE
The effective dale.ofthis Agreementshai be May S,2017 through May 7,2022.
Term of Agreement shall be for a five (5) year period, unless otherwise terminated as prodded herein. The
AUTHORITY shall have the option of extending the Agreement for one(1)additional one(1)year period at the same
terms and conditions with approval from the AUT HORITYs Goveming Board. Such extension shall be in the form of
a written Amendment to the Agreement executed by both parties. The continuance of this Agreement from year to
year is contingent upon successful annual recertification of the CONTRACTOR'S capabiities. The recertification
process wil be a.review of the fiscal (bankruptcy,etc),logistical(equipment availabiity,etc.),and moral(conviction
for environmental crime,concoction for crime against a public entity,etc.)responsibiity 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 b provide the services described in this Contract
ARTICLE 2-SERVICES TO BE PEWORIIAED BY CONTRACTOR
CONTRACTOR shall perform the services as stated in the Scope of Work, Exhibit A, as may be specifically
authorized by the AUTHORITY. Such authorizations will be referred to as Task Orders. Each Task Order will set
forth a specific scope of services,rate/amount of compensation,completion date,and other pertinent details of the
task being aulhodaed. The AUTHORITY,by virtue of this Agreement,gives the CONTRACTOR no guarantee of any
work/senices or any specific amount of work/sentes than may be accompished during the period this Agreement is
in full force and effect.
ARTICLE 3•COMPENSATION
3.1 AUTHORITY shall pay CONTRACTOR in accordance with Fee Schedule, Exhibit B, which Is attached
hereto and incorporated by reference as part of this Agreement If needed, compensation may be
negotiated as a lump sum or not4o-emceed amount for any Task Order contabing a taskcorered by the
scope of work of this Agreement but b which the Fee Schedule cannot read iy be applied.
32 CONTRACTOR shall submit semi-monthly invoices for services rendered. Invoices must reference the Task
Order number_Invoices shal include a statement of progress and appropriate audit quaity detail to satisfy
FIEMA requirements.
Agreement No.17 204E -1-
3.3 Payment of CONTRACTOR by AUT HOW is not contingent upon the AUTHORITY being reimbursed by
the Federal Emergency Management Agency. Payment to CONTRACTOR will be made for any work
directed by the AUTHORITY which is determined by Federal and State agencies b be ineligible for
reimbursement.
3.4 Each individual invoice shall be due and payable thirty(30)days after receipt of correct,fully documented,
invoice by the AUTHORITY. All invoices shall bedelhsred to:
Solid Waste Authorityof Palm Beach County
7501 North Jog Road
West Palm Beach,Florida 33412
Attention: Accounts Payable,c/o MarySchultz
3.5 In order for both parties herein to dose their books and records,the CONTRACTOR will clearly state"Final
Invoice"on the CONTRACTOR'S finalAast biting to the AUTHORITY. This certifies that all services have
been properly performed and all charges and costs have been invoiced to the AUTHORITY. Since this
account will thereupon be dosed,any and other furthercharges if rot properly included on this final invoice
are waived bythe CONTRACTOR.
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 ha*been paid.
ARTICLE 4•INSURANCE
4.1 During the performance of the Senrices under this Agreement,CONTRACTOR shall maintain the following
insurance poicies,and be written by an insurance company authorized b do business in Florida.
1 General Liability Insurance with bodily injury limits of not less than $1,000,000 for each
occurrence,and with propertydamage limits of not less than$1,000,000 for each occurrence.
2. Aubmobde liability Insurance with body injury!knits 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$5,003,000 tar each accident.
3 Workers' Compensation Insurance in accordance with statutory requirements and
Employer's Liability Insurance with limits of not less than $503,000 for each accident,
$500,030 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 Deductble amounts shall not exceed 5%of the total amount of required insurance in each category. Should
any policy contain any unusual exclusions said et clusians shall be so indicated on the certificates) of
insurance.
4.3 CONTRACTOR shall fumish AUTHORITY certificates of insurance which shall include a provision that
policy carcelation,non-raeneael or reduction of coverage will not be effective until at least thirty (30)days
written notice has been made to the AUTHORITY..
4.4 CONTRACTOR shall include AUTHORITY as an additional insured on the General Liabiity, Excess
Liability,and Aubmoble Uability insurance poicy required by the Agreement Ail of CONTRACTOR'S sub-
contractors shall be required to include AUTHORITY and CONTRACTOR as additional insured on their
General Liabiity insurance pdicies.
Agreement No.17 204B -2-
4.5 In the event that subcontractors used by the CONTRACTOR do not have insurance, or do not meet the
insurance limits, CONTRACTOR shall indemnify and hold harmless the AUTHORITY for any claim in
excess of the sub-contractors insuwancecoverage.
4.6 The CONTRACTOR shall not commence work under this Agreement until all insurance requited as staled
herein has been obtained and such insurance has been approved byte AUTHORITY.
ARTICLE 5-STANDARD OF CARE
5.1 CONTRACTOR shall exercise the same degree of care, skit, and dligence in the performance of the
Services as is ordinarily provided by a comparable professional under shier circumstances and
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 labilities that may exist during the performance of the services
and in consideration of the promises included herein,AUTHORITY and CONTRACTOR agree to alkxate
such liabilities in accordance with this Article 6.
6.2 INDOANI (CATION
The CONTRACTOR shall indemnify and hdd harmless the AUTHORITY, and its officers and employees,
from liabilities,damages,losses,and costs,including,but not limited to,reasonable attorneys fees,to the
extentcaused by the negligence,recklessness,or intentbnally wrongful conductof the CONTRACTOR and
other persons employed or utilized byte 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 brany 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 under this
Agreement, an Independent Contractor, and not an employee, agent, or servant of the AUTHORITY. All
persons engaged in anyof the work or services performed pursuantlo this Agreement shall at all times,and
in all places, be subject to the CONTRACTOR 5 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 5 relationship and the relationship of its employees b the
AUTHORITY shal be that of an Independent Contractor and not as employees or agents of the
AUTHORITY.
7.2 The CONTRACTOR .does not have the power or authority to bind the AUTHORITY in any promise,
agreement or representation other than specifically provided for in this Agreement
7.3 The CONTRACTOR shall not pledge the AUTHORITY'S credit or make It a guaranbr of payment or surety
for any contract,debt, obigation,judgment, lien or any form of indebtedness.The CONTRACTOR further
warrants and represents that it has no obligation or indebtedness that would impair its &Hy to fulfill the
terms of this Agreement
Agreement No.17-204B -3-
ARTICLE 8-AUTHORITY TO PRACTICE
The CONTRACTOR hereby represents and warrants that it has and wil continue to maintain al licenses and
approvals required b conduct its business,and that it will at all times conduct its business activities in a reputable
manner.
ARTICLE 9•COMPLIANCE WITH LAWS
In performance of the Services,CONTRACTOR will complywith applicable regulatory requirements inducing 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 to accept the use of a subcontractor or to reject the selection of a
particular sub-contractor and to inspect all facilties of any sub-contractor to perform properly under this
Agreement. Rejection of any sub-contactor will be based on, but not limited b, negative references,
insuficientrescurces,or conviction of Public Entity Crime.
102 If a sub-contractor fails to perform or make progress,as required by this Agreement,and it is necessary b
replace the sub-coMrwtorto complete the work in a ttnely fashion,the CONTRACTOR shall promptly do
so,subject to acceptance of the new subconlracbrbyte AUTHORITY.
ARTICLE 11-FEDERAL AND STATETAXES
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 br materials to fulfill contactual obigations 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 b the availabilty of funds lawfully appropriated
for its purpose byte Board of the Solid Waste Authorityof Palm Beach County.
ARTICLE 13-AUTHORITY'S RESPONSIBILITI ES
AUT HORITY shall be responsible br providing access all project sites,and providing information on hand required
by CONTRACTOR that is available in the hles of the AUTHORITY.
ARTICLE 14-DEFAULT
14.1 The AUT HORIT Y may,by wriHen notice of default to the CONTRACTOR,terminate the Agreement in whole
or in part if the CONTRACTOR fails to satisfactorily perbrm any provisions of this Agreement, or fats b
make progress so as b endanger performance under the terms and conditions of this Agreement, or
provides repeated non-performance, or does not remedy 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 felure. In the event the AUTHORITY terminates this
Agreement in whole or in part because of default of the CONTRACTOR, the AUTHORITY may procure
goods and/or services siniFa►b those terminated, and the CONTRACTOR shall be fable for any excess
costs incurred due b this action.
142 If it is determined that the CONTRACTOR was not in default or that the default was excusabb(e.g.,failure
due to causes beyond the control of, or without the fault or negligence of, the CONTRACTOR),the rights
and obligations of the parties shall be those provided in Article 15—Termination for Convenience.
Agreement No.17 204E -4-
ARTICLE 15—TERMINATION FOR CONVENIENCE
15.1 The Director of Purchasing Services may,whenever the interests of the AUTHORITY so require,terminate
the Agreement, in whole or in part, for the convenience of the AUTHORITY.The Director of Purchasing
Services shall give five (5)days prior written notice of temiination b the CONTRACTOR, specifying the
portions of the Agreement to be terminated and when the termination Is b became effective.ff only portions
of the Agreement are terminated,the CONTRACTOR has the right to withdraw,without adverse action,from
the entire Agreement.
152 Unless directed differently in the Nolte of Termination,the CONTRACTOR shal incur no further obigations
in connection with the terminated work,and shall stop work to the extent specified and on the date given in
the Notice of Termination. Additionally, unless directed differently, the successful 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.
ARTICLE 16•UNCONTROLLABLE FORCES
16.1 Neither the AUT HORITY 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"shal
mean any event which results it 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 indudes, but is
not united to fire,flood,earthquakes,storms,lightning,epidemic,war,rot,civil dsturbance,sabotage,and
governmental actions,
162 Neither party shall,however, be excused from peromance if nonperformance is due to forces which are
preventable,removable,or remediable and which the nonperbrning party could have,with the exercise of
reasonable diligence,prevented,removed or remedied with reasonable dispath. The nonperforming party
shall,within a reasonable time of being prevented or delayed from performance by an uncontrolable force,
give written notice to the other party describing the cir rmstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
ARTICLE 17-REMEDIES
This Agreement shal be governed by the laws of the State of Florida.My and all legal action necessary to embrce
the Agreement shall be in a State court of cal-plant furisdiction located in Palm Beach County.With the exception
of the choice of law and venue provisions contained herein,no remedy conferred upon arty party is intended to be
exclusive of anyother remedy,and each and every such remedyshall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any right, power,or remedy hereunder shall preclude any other or further exercise
thereof.
ARTICLE 18-NON-DISCRPRNATION
CONTRACTOR assures and certifies that it shall comply with Title MI of the Civil Rights Act of 1964,as amended,
and shall not discriminate against any individual on the basis of their race,color,national origin,religion,ancestry,
sex,age,marital status,familial status,sexual orientation,disability,or gender identityorexpression.
Agreement No.17 2046 -5-
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 wriitbn waiver,such a waiver shall not affect the
waiving partys rights with respect b any other or further breach. The mating or acceptance of a payment by either
party with knowledge of the existence of a default or breach shall not operate or be constnsd b operate as a waiver
of anysubsequent default or breach.
ARTICLE 20-SEVERABILITY
20.1 The invalidity, illegally, or unenforreabiity of any provision of this Agreement, or the occurrence of arty
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 told provision shall be deemed
severed from the Agreement and the balance of the Agreement shah be construed and enforced as if the
Agreement did not contain title particular portion or provision held to be void. The parties further agree to
reform the Agreement b 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 should a provision
which is of the essence of Agreement be determined to be void.
ARTICLE 21-ENTIRETY OF AGREFIM ENT
The AUTHORITY and the CONTRACTOR agree that this Agreement sets forth the entire agreement between the
parties, and that there are no promises or understandings other than those stated herein. This Agreement
supersedes all prior agreements,contracts,proposals,representations,negotiations,letters or othercammurrcations
between the AUTHORITY and CONTRACTOR pertairing to the Services, whether written or oral. None of the
provisions,terms and conditions contained in this Agreement may be added b,modified,superseded or otherwise
altered eraceptbywritten instrument executed by the panties hereto_
ARTICLE 22-MODIFICATION
The Agreement may not be modified unless such modifications are evidenced in writing signed by both AUTHORITY
and CONTRACTOR. Such modifications shai be in the form of a written Amendment executed by both parties.
ARTICLE 23-SUCCESSORS AND ASSIGNS
AUT HORtf Y and CONTRACTOR each binds itself and its partners,successors,assigns and legal representatives b
the other party b this Agreement and to the partners, successors, executors, administrators, assigns, and legal
representatives. CONTRACTOR shall not assign this Agreement without the express written approval of the
AUTHORITY via executed amendment
ARTICLE 24-CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retained any company or person,other than a bona fide
employee worldng solely for the CONTRACTOR b 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 tide employee working solely for the
CONTRACTOR,any be,commission,percentage,gift or any other consideration contingent upon or resulting from
the award or making of this Agreement
Agreement No.172048 -6-
ARTICLE 25-TRUTH4Ni1-NEGOTIATION CERTIFICATE
25.1 Execution of this Agreement by the CONTRACTOR shall act as the execution of a bub-in-negotiation
certificate certifying that the wage rates and costs used b determine the compensation provided for in this
Agreement are accurate,complete,and current as of the date(Ogle Agreement
25.2 The said rates and costs shell be adjusted to exclude any sgniticant sums should the AUTHORITY
determine that the rates and costs were increased due b inaccurate,incomplete or noncurrent wage races
or due to inaccurate representations of fees paid to outside contractors.The AUTHORITY shall exercise its
rights under this"Certificate'within one(1)year bllowing payment
ARTICLE 26.OWNERSHIP OF DOCUMENTS
CONTRACTOR shalt be required to cooperate with other contracbrs relative b providing information requested in a
timely manner and in the specified bon. Any and all documents, records, disks, original drawings, or other
information shall become the property of the AUTHORITY br its use and/or distribution as may be deemed
appropriate bythe AUTHORITY.
ARTICLE 27-PUBLIC RECORDS,ACCESS AND AUDITS
27.1 ti is the intent of this Article to maintain compliance with the Florida Public Records Law,Ch. 119, Fbrda
Statutes,as amended effective July 1,2016.
272 DESIGNATED RECORDS CUSTODIAN CONTACT INFORMATION:
RECORDS MANAGER
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
7501 NORTH JOG ROAD
WEST PALM BEACH, FL.33412
561-640-4000 EXT.4210
RECORDS CUSTODIANOSWA.ORG
27.3 The CONTRACTOR shall maintain records related to at charges, expenses, ana costs incurrea in
estimating and perfoning the work, in accordance with the timetranes and classifications for records
retention as per the General Records Schedule GS1-SL for State and Local Government Agencies(see:
http:ltdos.dosstate uslibrary archives/records-manaornentionerakecords schedules/) after completion
or termination of this Contract The AUTHORITY shall have access to such records as required in this
section br the purpose of inspection or audit during normal business hours,at the CONTRACTOR's place
of business.
27.4 Notwithstanding anything herein to the contrary,the CONTRACTOR expressly acknowtdges that i) it is
providing a specific service to the At1THORITYin the performance of this Contract;TO acting on behalf ofthe
AUTHORITY in the performance of this Contract;iii)that it has read and is familiar with the Florida Public
Records law,Ch. 119,Fbrida Statutes,as amended,and both understand its responsibitty and obigaticn
b comply with this law; and iv) to the extent any question(s) anise regarding its duties b produce pubic
records,it shall contact the Records Manager with same.
27.5 Any public records requests directed to,or related in anyway 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 tails to provide the records b the pubic
Agreement No.17-2046 -7-
agency within a reasonable time may be subject to penalties under Florida Statutes (F.S) §119.10, and
§119.10(2) mikes that a person who willfully and Movingly violates the Pubic 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.
27.6 Therefore,the CONTRACTOR is required to:
1) maintain pubic records that ordinariyand necessarily would be required byte AUTHORITY in order to
perbrtm the service;
2) provide the public with access b public records on the same terms and conditions that the
AUTHORITY would poke the records and at acost that does not exceed the cost provided by Fbrida
law;
3) ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorbed by law;and
4) meet al requirements for retaining public records and transfer,at no cost to the AUTHORITY,all pubic
records in possession of the CONTRACTOR upon termination of the contract and destroy any duplicate
pubic records that are exempt or confidential and exempt from public records disclosure requirements.
When requested by the AUTHORITY,either during perlortmance of the contract or alter temninatiar or
completion of the contact, al records stored electronically must be provided to the AUTHORITY in a
format that is compatible with the information technologysystems of the AUTHORITY.
27.7 Faiure of the CONTRACTOR to comply with these requirements steal be a material breach of this Contract
27.8 CONSULTANT shall maintain financial and program records to justify all charges and costs incurred in
performing the work for at least three (3) years folbwing final payment by the AUTHORITY as Federal
Emergency Management Agency 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
27.9 In the event records retention requirements in Fbrida Statutes Chapter 119 and 257 exceed those of FBvIA,
the records steal be retailed to complywith Slate of Florida requirements.
ARTICLE 28—OFFICE OF INSPECTOR GENERAL
Palm Beach County has established the Office of the Inspector General (01G),Ordinance No. 2009-049 which is
authorized and empowered to review past, present and proposed county contracts, transactions, accounts and
records. The AUTHORITY has entered lib an Interlocal Agreement(ILA) for Inspector General Services. This
agreement provides for the Inspector General to provide services to the AUTHORITY in accordance with the
AUTHORITY,functions and powers set out it the Palen Beach County Once of Inspector General Ordnance. All
parties doing business with. the AUTHORITY and receiving AUTHORITY funds shall fully cooperate write the
Inspector General including providing access to records relating b this agreement. The Inspector General has the
power to subpoena witnesses, adnirister 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 defect corruption and fraud. Failure to cooperate with the Inspector
General or interference or impeding any investigation shall be in violation of Ordnance 2039 049, and punished
pursuantto Section 125.69,Fbrida Statutes,in the same manner as a second degree misdemeanor.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Agreement No.17 204B -8-
ARTICLE 29-NOTICE
29.1 Any notice, demand, communication, or request required or pemtitted hereunder shall be in writing and
delivered in person or sent by certified mail,postage prepaid as foNows:
As To AUTHORITY
Solid Waste Authority of Pakn Beach County
7501 North Jog Road
West Palen Beach,Florida 33412
Attention: Mark Eyeington,Chief Operations Officer
Office No.: 561.640.4000 Ext.4513 Fax No.: 561-640-3400 E-Mail: meveinatonOswa.orq
As To CONTRACTOR
Phillips and Jordan,Inc.
10201 Parkside Drive,Suite 300
Knoxville,TN 37922
Attention: J.Patifdc McMullen,President
Office No.: 865-688-8342 Fax.No: 865-392-3090 E-Mail: pmcnxdlenGoandi.com
29.2 Notices shall be effective when received at the addresses as specified above. Changes in the respective
addresses to which such notice is to be drected 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 sdd'itiondy be mailed es required herein.
29.3 Nothing contained in this Article shah be construed to restrict the transmission of routine communications
between representatives of CONTRACTOR and AUTHORITY.
ARTICLE 90-CONTRACT ADMINISTRATION
Services of CONTRACTOR shall be under the general direction of Mark Eyeington,Chief Operations Officer, or
his/her successor,who shall act as the AUTHORITY'S representative during the term of the Agreement.
ARTICLE 31-KEY PERSONNEL
CONTRACTOR shall notify AUTHORITY in the event of Icey personnel changes which might affect this Agreement.
Nodfication shall be made within ten (10) days of said changes. AUTHORITY has the right to reject proposed
changes in key personnel. The following personnel shall be considered key personnel:
Julie Glenn,Disaster Services Coordinator
Office No.: 865-688-8342 Cell No.: 865-77643919 Email: jalenn/aandi.con
Wayne Floyd,Director of Disaster Services
Office No.: 865-688-8342 Cell No.:919-369-4685 Email: wfloyd0nandi.com
J.Patric*McMullen,President
Office No.: 865-68843342 Cent No.: 865-392.3053 Email: pmcmullenOpandi com
Agreement No.17.204B -9-
ARTICLE 32-SMALL BUSINESS ENTERPRISE(SBE)
The Governing Board of the AUTHORITY has set 15%as the AUTHORITY'S goal for smal business participation in
contracts and puchases. CONTRACTOR'S submitted Plan showing how he/she will assist the AUTHORITY in
achieving this goal is incorporated into this Agreement as Exhibit C. The AUTHORITY will require periodic
documentary proof, acceptable to the AUTHORITY, of the implementation, progress, and final outcome of the
proposed Plan. Failure b implement the Plan, or achieve reasonable interim progress,or achieve the final goal
reflected in the Plan, may be considered by the AUTHORITY as failure to perform a material provision of this
Agreement
ARTICLE 33-SCRUTINIZED COMPANIES
As provided in F.S. 287.135, by entering into any Agreement with the AUTHORITY, or performing any work in
furtherance hereof,CONTRACTOR hereby certifies that CONTRACTOR and CONTRACTOR'S affiliates,suppliers,
sub•contracbrs,consultants or agents of any type whatsoever who will perform hereunder,have not be placed on
the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran
Petroleum Energy Sector List created pursuant b F.S. 215.473. If the AUTHORITY determines, using credible
information available to the public, that a false certification has been submitted by CONTRACTOR, this
CONTRACTOR may be terrnnated and a civil penalty equal to the greater of$2 million or twice the amount of this
Agreement shall be imposed,pursuantb F.S.287.135.
ARTICLE 34-AGREEMENTS WITH OTHER GOVERNM ENTAL ENTITIES
34.1 The CONTRACTOR agrees that this Agreement constitutes an offer to al State Agencies and Political
Subdivisions 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 if in the best interest
of their business to do so.
34.2 The Agreement in no way restricts or interferes with any State Agency or Political Subdivision of the State of
Florida from re-solcitation.
ARTICLE 35-THIRD PARTY BENEFICIARY DISCLAIMER
It is not the intention of this contract to create third party beneficiary status in any person or entity that is not a direct
party to the contract awarded as a resuk of being the successful CONTRACTOR,and no language in the contract
should be construed or interpreted as creating a third party beneficiary.
ARTICLE 36•CONFlDENTTAUTY
No reports,informatom,computer programs,documentation,andlor 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•ESCALATION CLAUSE
37.1 The AUTHORITY acknowledges the fluctuating nature of prices. Therefore, on each annual anniversary
date of the Agreement;the unit prices maybe adjusted upward based on the following formula of indices:
372 Fifty(50)percent of the price will be adusted by the average monthly percentage change over the twelve
(12)month period ending the May immediately preceding the date for with the price index adjustment is
effective in the Consumer Price Index-Urban Wage Earners and Clerical Workers- U.S. City Average-
Private Transportation(Series ID CWUR0000SAT 1,not seasonally adjusted)as published by the Bureau of
Labor Statistics of the U.S.Department of Labor.
Agreement No.17 2048 -10-
37.3 Fifty(50)percent of the price will be adjusted by the percentage change in the Average Hourly Eamings of
Production Workers(Series ID CEU2000000008)as publshed by the Bureau of Labor Statistics of the U.S.
Departmentof Labor over the one year period erxing the May immediately preceding the date for which the
price index adjustment is effective.
37.4 In the event that either of these indices is no longer available the parties steal mutually agree to a
repla mmeM index. The value of the adjustmentwll be determined by the AUTHORITY.
ARTICLE 38-ORDER OF AGREEMENT ACTIVATION I LOCATION ASSIGNMENT
The CONTRACTORS have entered into contingent Agreements with the AUTHORITY for Hurricane/Disaster Debris
Removal, Reduction and Disposal. The Agreements awarded will be activated on an as needed basis as solely
determined by the AUTHORITY. The ,AUTHORITY intends to activate the CONTRACTORS in the order of the
Selection Canmittee ranking,as best meets the needs ofthe AUTHORITY. The AUT HORITY resenssthe sole right
to assign/reassign any or al CONTRACTORS at any time as may be deemed appropriate depending upon the
circ nnstance(s),the event,or any other condition which may warrant such action.
ARTICLE 39-TASK ORDER/PERFORMANCE
Task Orders shall be executed bilateraly and the scope of services and format of Task Osier shall be mutualy
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 amber of days of work in the Task Order have
elapsed, the CONTRACTOR(s) shal provide a written progress report to the AUTHORITY for review and
acceptance. The AUTHORITY shal have the right to correct for CONTRACTOR default or underperfonnence by
any means it deems in its best ingest. CONTRACTOR wil be required to provide a daily report of quantity of work
performed under each Task Oder.The daily report shall be submitted by 11:00 a.m.or eadier the blowing morning.
ARTICLE 40-BONDS
CONTRACTOR shall maintain a Proposal Bond in the sum of$500,000.The CONTRACTOR'S Proposal Bond wil
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 I slam would require a $2,000,000 Bond, a Category II would require a
$4,000,000 Bond,a Category III would require a$6,003,000 Boni,a Category IV would require an$8,000,000 Bond,
and a Category V would require a S10,000,003 Bond.The Bond required would be a Performance and Payment
Bond, Exhibit I. 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 unti the Perfomiance and Payment Bond is submitted to
and accepted by the AUTHORITY. If the CONTRACTOR fails to supply a Performance and Payment Bond,the
AUT HORITY shall be entitled b retain the Proposal Bond to rectify the CONTRACTOR'S unacceptable performance.
Pending successful annual CONTRACTOR recertification,the Proposal Bond steal be in effect for the entire term of
the Contract except for the period(s)of time when a Performance and Payment Bond is in effect.
ARTICLE 41-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 Exhnit H,which is attached hereto and incorporated by reference as part of this Agreement.
CONTRACTOR dial provide a certification statement regarding the origin of al materials or products covered under
the Buy America provisions and used in its performance of the Agreement in ancordarce with the requirements of
law and the AUT HORITY,FOOT,and FEMA,to the extent applicable.
Agreement No.17 204B -11-
ARTICLE 42-DISADVANTAGED BUSINESS ENTERPRISES
42.1 This provision shall supplement A:tide 32 of the Agreement The Agreement is subject to the requirements
of 49 CFR Part 26. The CONTRACTOR shall not diacrimnata on the basis of race,color,national orgin,or
sex in the performance of the Agreement The CONTRACTOR shah 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
terminator'of this Agreement or such other remedy as the AUTHORITY deems appropriate,including but
not limited to the withholding of payments. Each subcontractthe 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 ofeach suboontractitenters into.
422 The CONTRACTOR is required to pay its subcontractors performing work related b this Agreement for
satisfactory perbemamce 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 tom its
subcontractors unless pursuant to an agreement approved by the AUTHORITY. The CONTRACTOR shot
retum al retanage payments withheld within thirty(30) days after the subcontractor's work has been
satisfactorily completed.
42.3 The CONTRACTOR shall, on a monthly basis, submit payment certifications, including a certification
regardng their truth and accuracy,br all payments it is seeking and certifications tom all subcontractors
indicating who has been paid and how. The certifications shal comply with all Federal and Slate
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) webske turd at
www.bbincwebagps,cormlbiastebllbrtdaL Audits may be conducted b review payments to DBE
subcontractors.The CONTRACTOR wit fuly cooperate with the AUTHORITY, FDOT or PEMA regardirg
the monitoring of subcontractors and payments made thereto.
ARTICLE 43—CERTIFICATION REGARDING SUSPENSION AND DEBARMENT
43.1 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&titles,as
defined at 49 CFR 29.905,are eucluded or disqualified from participation in this Agreement as defined at 49
CFR 29.940 and 29.945.
432 The CONTRACTOR agrees b comply with the requirements of 49 CFR 29,Subpart C throughout the term
of this Agreement The CONTRACTOR must include the requirement b comply with 49 CFR 29,Subpart C
in any lower tier covered transaction it enters nb. 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 b remedies available b the AUTHORITY,the
State or Federal Government may pursue any available remedies,including but not Wiled b suspension
andUor debarment The CONTRACTOR further agrees that it will include a provision requiring such
compibnoe In all of its subcontracts or lover tier covered transactions.
ARTICLE 44-ACCESS TO RECORDS AND THEIR RETENTION
44.1 This provision shall supplement Article 27 of the Agreement The CONTRACTOR shall maintain adequate
records to justify all charges,eupenses,and costs incurred in est matirg and perfomMng the Agreement br
at least he(5)years after completion or termination of this Agreement or FDOT's cbsure of an*emergency
event with the Florida Division of Emergency Management;whtc never comes last,erroept in the event of
litigation or settlement of claims arising from the performer=of the Agreement,the CONTRACTOR agrees
to maintain said records until all itigation,claims,appeals or exceptions related thereb have been resolved.
Agreement No.17204B -12-
The records shall be maintained at a location in Palen Beach County, Florida or such other location in
Florida approved bythe AUTHORITY.
442 The CONTRACTOR shall make al 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.,FOOT,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(crated in Palm
Beach County,then at the location for maintenance of records referenced above.The CONTRACTOR steal
also regrire its subcontractors tomake their books,records and documents available for examination,audit,
reproduction,excerpts,and transcripts,br the same duration and in the same manner,and at or near the
same locations required herein of CONTRACTOR.
ARTICLE 45-AUDIT REQUIREMENTS
This provision shall supplement Article 27 of the 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 wil comply and fuly cooperate with the AUTHORITY
and any State and/or Federal funding agency(les), including but not limited to FDOT, Florida's Auditor General,
FEMA, or any of their authorized representatives, in any audit or monitoring procedures or processes any such
entity(ies)may undertake related to CONTRACTOR'S performance of the Agreement.
ARTICLE 46-NATIONAL ENVIRONMENTAL POLICY ACT(NEPA)
The CONTRACTOR shall cooperate with the AUTHORITY, FDOT and FBMA so as to assure that al 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 47-AMERICANS WITH DISABIUTIES ACT
The CONTRACTOR does hereby represent and certify that it will comply with all of the requirements of the
Americans with Disabilities Act of 1990 (42 USC 12102, et seq.), as it may be amended, and all applicable
implementing regulations of the U.S.DOT,FEMA and other Federal-aid agencies.
ARTICLE 48-COMPLIANCE WITH TITLE TA,TITLE VII AND OTHER
FEDERAL LAWS AND REGULATIONS
The CONTRACTOR does hereby represent and certify that it will can*with all the requirements imposed by Titre
M of the Civil Rights Act of 1964 and Tide MI of the Civil Rights ktof 1968,as they have been and may be modified
from time b time (42 USC 2000d, et seq.and 3601 etseq.),and the Age Discrimination and Employment Act of
1967 and Section 303 of the Age Discrininatian 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,andiorother Federal-aid agencies,
as trey may be promulgated and amended from time to time.
ARTICLE 49-CONTACT LABOR PROM BITION
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 thereb.
Agreement No.17 204B -13-
In Witness Whereof,the Solid Waste Authority of maim Beach County,at a regular meeting thereof,by action of the
AUTHORITY Board authorizing and&w ing the foregdng be adopted,has caused these presents b be signed by
its Executive Direcbr, and Philips and Joidan, krc. has executed this agreement al as of the day and year first
above written.
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY:
Witness: ,�,pp
1. Gtt v►aa By. %JO
Mark Hammond
Executive Director
2.04,11744449t--
Approved as Form and Legal Sufilciency.
By n outwit/►4k
Ge aunsel ro the Authority •► .� .�_O...44,as
a,9P G •RPd:4/
a n %
o.iiio trek
%
PHILLIPS AND JORDAN INC.: % ��CARO�p
Attest
...,, ti/ 4,
.,11) "% BY gdwilar
�� Pr Corporate eaetary
(Corporate Seal)
Witness: Name: 7.406" Q' +'Itairk"
1. `'
2. � r
' Tile: V te.�.ae l t.6e6
Approved by Authority Board on April 12,2017,Item No.5.H
Agreement No.17-204B -14-
EXHIBIT A
SCOPE OF WORK
1. PROJECT DESCRIPTION AND REQUIREMENTS
A The CONTRACTOR steal remove and lawfully dispose of disaster-generated debris (other than hazardous
materials and household putremble garbage)from public property and public rightof wets,and to setup and
operate Temporary Debris Sites in Palm Beach County, Florida, immediately after a hurricane or other
disaster.
B. The CONTRACTOR submits he/she is capable of efficiently removing large volumes of disaster-generatad
debris from a large area in a timely and cost-effective mamer and lawfully disposing of all debris.
CONTRACTOR shall assemble,direct,and manage a work force that can complete the debris management
operations in 120 days or less. The duration of efforticampletion dates of al tasks wil be determined jointly by
the AUTHORITY and CONTRACTOR. This determination will be setin writing in appropriate TaskOrder(s).
C. The CONTRACTOR shall perfomn all work in accordance with 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 mcomplished.
D. The CONTRACTOR may be required,at the AUTHORITY'S discretion,to be under the direction of an agent of
the AUTHORITY.
E While intended to cover debris management needs in any major disaster scenario,the primary focus is on the
threat of hurricane damage to Palm Beach County,Florida. The planning standards used for this project are
based on the anticipated impacts of a named storn event or major tbod impacting Palm Beach County,
Florida.
2. INTRODUCTION
A The AUTHORITY'S disaster recovery planning includes considerations for removing and processing the
volumes and types of debris expected to be generated by a major disaster such as a hurricane and the
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, coordinated recovery operations,
including removal of debris from public properly and right-of-ways 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 creeds of the AUTHORITY. The AUTHORITY reserves the sole right to
assign/reassign arty 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.
C. The AUTHORITY envisions the need for multiple Agreements b carry out the debris removal and disposal
work thrcughhaut Palm Beach County. The CONTRACTOR must have the experience and capability to
manage a major workforce with multiple subcontracbrs and b cover the expenses associated with a major
recovery operation prior b 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 and volume reduction operations plans,and demonstrable experience in major
disaster recovery projects.
Agreement No.17 204E -15-
EXHIBIT A
D. The Agreement will be a contingency Agreement that will be activated only in the face of an emergency. As
such,no compensation wil accrue to the CONTRACTOR unless and until the Agreement is activated either in
anticipation of a natural disaster or inmediately after such disaster.
E. The CONTRACTOR will be required to participate in certain AUTHORITY directed disaster recovery training
and/or exercises,1 to 2 days each year,at no cost b the AUTHORITY.
F. The AUT HOW Y does not guarantee a CONTRACTOR will be activated if awarded a standby agreement
3. WORK OBJECTIVE
3.1 Planning Standard for Debris Removal and Disposal
The AUTHORITY'S goal is to complete the debris removal and disposal process in 120 days. 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 nakrral
disaster. The CONTRACTOR must be aware that it might not be possible to initiate operations in al parts
of the county sim ultaneously immediately after a storm.
3.2 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 Pubic Works. The AUTHORITY'S
Emergency Management Coortnator will direct the debris removal and disposal operations.
b. Each CONTRACTOR wil serve as a General CONTRACTOR for the purpose of debris removal and
disposal operations, and wil be able to use his/her own and subcontractor resources to meet the
obligations of the Agreement It is anticipated that the CONTRACTOR will use both local and
non-local subcontractors. Notwithstanding,the CONTRACTOR will make every effort to use
Small Business Enterprises(SBE),to the maximum extent practicable.
c. When a major disaster occurs or is imminent,the AUTHORITY will contact the CONTRACTOR to
advise them of the AUTHORITY'S intent b activate the Agreement(s). Debris removal will generally
be limited b debris in, upon, or brought to comity residential private and public streets and roads,
right of-ways, municipal properties and faciities, and other public sites (this includes debris from
customers assessed for residential solid waste and wrung collection services by the AUT HORIT Y).
The CONTRACTOR wil be responsible br determining the method and manner of debris removal
and lawful disposal operations,consistent with the AUTHORITY'S Debris Management Plan.Disposal
of debris will be at AUTHORITY approved Temporary Debris Sites or landfil sites. The
CONTRACTOR will be responsible for the lawful disposal of all debris and debris-reduction
by-products generated at all Temporary Debris Sites.
d. When a major disaster occurs or is inrrninent,the AUTHORITY v it initialy send out an Alert b the
selected CONTRACTOR(S). This Alert wil serve to activate tine Ines of communication between the
CONTRACTOR representatives and the AUTHORITY. Subsequently,the AUTHORTTYwil issue the
first Task Order which will authorize the CONTRACTOR b send an Operations Manager to the
AUTHORITY within 24 hours of receiving such Task Order to begin planning for the operations and
mobiilang the personnel and equipment as necessary to perform the stipulated work. This first Tea(
Order wit also direct the CONTRACTOR to execute the required Performance and Payment Bond.
The CONTRACTOR should anticipate receiving this first Task Order 24 to 72 tours before projected
landfall of a huncane. Depending on the nature of the storm and circumstances the AUTHORITY
may activate more than one(1)CONTRACTOR.
Agreement No.17 2046 -16-
EXHIBIT A
e. The general concept of debris remove!operations includes multiple,scheduled passes of each site,
location,or right-of-way. This wil allow residents to return b their properties and bring debris to the
private and pubic right-of-way as recovery progresses. The AUTHORITY will prescribe the specifc
schedule to be used afterascertaining the scope and nature of the disasters impacts.
t The AUTHORITY make every effort to identify strategically located Temporary Debris Sites
throughout the county prior to a natural disaster. Depending upon the severity of the natural disaster,
additional Temporary Debris Sites wil be identified as needed.
g. The CONTRACTOR wil operate the Temporary Debris Sites and only CONTRACTOR vehicles and
others specifically authorized by the AUTHORITY wit be aimed to use the sites. Only one(1)level
of subcontracbr will be alowed b operate the sites. There wil be no multi-tiered subcontractors(sub
of a sub)allayed to operate temporary debris sites. The CONTRACTOR is responsible for al activity
at temporary debris sites operated by their subcontractor and must have an empoyee on site at all
times to oversee daily operations. The locations of publicly owned sitescunently underconsideration
are shown on Attachment C. Additional sites (privately owned mostly) may become available as
plans develop.
h. The AUTHORITY may also estabish designated homeowner drop-off sites. The CONTRACTOR roil
be responsible for removing al eligible debris from those sites daily at the direction of the Emergency
Management Coordinator or designee.
i. Curbside segregation of debris and disaster-generated or related wastes wil be an element of the
AUTHORIf Y'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 wil be the responsibiityof the resident The AUTHORITY will designate HHW drop-off
locations.
j. The following items are considered HHW for the purpose of this Agreement:
• used Oil
• Batteries
• Paint
• Aerosol spray cans
• Pesticides
• Antifreeze
• Ftuoreecentlghtbubs
• Propane tanks(household size)
k. The CONTRACTOR will setup a lined containment area and separate any HHW inadvertently
delivered to a Temporary Debris Site.
I. Commercial and industrial hazardous waste such as chembals, gas containers, transformers, and
any .other form of hazardous or toxic matter %ill be set aside for colection and disposal by a
Hazardous Materials Removal and Disposal Contractor who roil be selected bythe AUTHORITY,
m. Putiescible residential garbage v411 be colected by AUTHORITY franchise waste haulers and is not b
be collected or transported by CONTRACTOR forces.
Agreement No.17-204B -17-
EXHIBIT A
4. SCOPE OF WORK I OVERVIEW
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,time-frame for completion, rates to be used,etc. Any job with
requirements or rates not covered by this Proposal wil be negotiated. The AUT HORFTY reserves the right to
extend operations on a weekly basis. Task Orders will be executed bilatieraly. Performance will be by the
metrics established in the Task Order(s). After 113 and again after2/3 of the stipulated number of days of work
in the Task Omer have elapsed, the CONTARCTOR(s) shall pro%ide written progress sport to the
AUTHORITY for review and acceptance. The AUTHORITY shall have the right to correct for
CONTRACTOR'S default or underperbmrance by any means it deems in its best interest.
B. The CONTRACTOR shall commence mobilization immediately upon receipt of the mobilization Task Order
meeting the following progress pattems:48 hours-colection activity within assigned Collection Service Area.
Within ten(10)calendar days CONTRACTOR shall have 100%of ail necessary equipment operating within ail
Collection Service Areas. This represents a minimum response schedule and does not restrict an earlier
response. Subsequently,the AUT HORITY may issue additional Task Orders to define more preciselythe work
to be accompished or to authorize additional work. The CONTRACTOR shall perform in accordance with
each Task Order in al designated Collection Service Areas established bythe 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 wil require AUT HOW Y approval.
D. The CONTRACTOR must be duly licensed m perform the work in accordance with the State of Florida
statutory requirements. The CONTRACTOR shall obtain all permits necessary to compete the work.The
CONTRACTOR shall be responsible for determining what permits are necessary to perform under the
Agreement Copies of all pemits shall be submitted to the AUTHORITY Emergency Management Coodnator
prior to issuance of the first Task Order.
E. The quantityof work required to complete the Agreement is estimated. The actual effort required maybe more
or less than the estimated amount shown in the RFP 143, 17-204ISLB. Payment will be made in accordance
with the Fee Schedule, Exhibit B which Is attached hereto and incorporated by reference as part of the
Agreement The output will be verfied by the AUTHORITY Emergency Management Coordinator in the daily
operational report. Should hourly rates be used to pay for certain equipment then preventaiiue maintenance,
not in mess of fifteen(15)minutes in a normal worklay,will be paid at the regular hourly rate. Preventative
maintenance or down time resulting from equipment failure, routine maintenance and fueing that weeds
fifteen(15)minutes wil be considered unacceptable work and nan-payment of that time will be rounded off to
the hadf hour of all hours where delays occur. Preventative maintenance is defied as the usual fell
Maintenance to keep equipment in operating condition without the use of extensve shop equipment Fusing
of equipment will be considered as partofpreventafive 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 anysuch%iolations shall be at no additional cost to the AUTHORITY.
G. The CONTRACTOR shall conduct the work so as not to interfere with the disaster response and recovery
activities of federal,state or local govemments or agencies,or of any public utilities or other private contractor.
H. The CONTRACTOR shall provide contact information for all key persomel to the AUTHORITY that shal
include name,phone number,cellular phone number and email address. The CONTRACTOR and its agents
shall respond it a timely manner to all AUT NOWT Y inquiries at all times.
Agreement No.17-204B -18-
EXHIBIT A
5. SCOPE OF WORK IN DETAIL
This section is divided into three(3)subsections;
• Debris Removal and Disposal Operations from residential public and private streets, roads and right-of-
ways and delivered to a Temporary Debris Site.
• Temporary Delxis Site Operations which includes daly operations as well as reclamation of the site b its
pre-storm condition orasdirected by the AUTHORITY Emergency Management Coordinabr.
• Processing,Loading and Hauling Material from Temporary Debris Site tofinal destination.
5.1 Debris Removal and Disposal Operations
5.1.1 General
a. The purpose of this section is to define the requirements for debris removal and disposal
operations alter any catastrophic disaster within Palen Beach County. The AUTHORITY
intends to designate zones far collection and Dsposal of debris. CONTRACTORS wil be
tasked with a service mea(s)for this specific work.
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 indudrng labor and operator.
5.12 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-bed
boats),tinge benefits,hand tools,supervision,transportation,lodging and all othercosls.
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 minimise of 50,000 cubic yards of debris per day
within ten (10) calendar days of collection commencement (Past AUTHORITY natural
disaster cleanup records shay that ten(10)days' following disaster,95,000-126,000 cubic
yards of debris was colected per day).Failure to provide sufficient equipment necessary b
cdlect required amount may result in the AUTHORITY entering inb a separate agreement
with another contactor br collection senuices.
51.2.1 Collection of Storm Generated Residential Vegetation and Constuction and
Demotion Debris
i. It is the AUTHORITYS goal to ensure that Vegetation and Constructicn Demotiion
debris remain separate task orders forte collection of Vegetation and Construction
loads. Mixing of bads by the CONTRACTOR at the road right of way wil not be
tolerated.
Agreement No.17 204B -19-
EXHIBIT A
it. Work may include:
• First pass b clear debris from emergency evacuation routes,access
roads to critical faciities and all primary roadways.
• Clearing debris from residential private and pubic road right of ways.
• Loading the debris.
• Hauing the debris to an approved Temporary Debris Site or an
authorized landfill.
• Dumping the debris at the Temporary Debris Site or at an authorized
landfill.
iii. Debris delivered to a Temporary Debris Site or authorized landfill will be paid based
on the per cubic yard price according to the Fee Schedule,Exhibit B.
5.122 Hourly Rate Clearing
i. From 0 70 hours following a disaster CONTRACTOR, as designated by the
AUTHORITY,shal provide the clearing services on an hourly rate that shall include
the following:
• Clear debris from emergencyevacuation routes,access roads to critical
faclities,and primary roadways.
• Perform emergency removal of debris if needed for life-saving measures.
• Conduct daily briefings with debris managers and other officials to update
progress and discuss issues.
• Develop a traffic control plan along potential had routes and at debris
management and disposal sibs.
II. The CONTRACTOR shall not move from one designated Colection Service Area b
another area without prior approve!from tie AUT HORIT Y Emergency Management
Coordinator or designee.CONTRACTORS and/or suhcontracbrs that move to a
designated Collection Service Area without prior AUTHORITY approvel may be
terminated immediately. The AUTHORITY reserves the right to relocate
CONTRACTOR to other Cdlectian Service Areas based on need and abiity to
perform required work at an acceptable level. T he AUTHORITY reserves the right
b immediately terminate CONTRACTOR and any subcontractor who fails b
provide service in aocordance b guidelines set forth by FEMA and the
AUTHORITY.
iii. The AUTHORITY or designee shall biward al claims of damage b the
CONTRACTOR daily. CONTRACTOR shall provide all contact inbrmaticn,
including name, phone number, cellular phone number, fax number and anal
address, br persomel iesponsible br resolving all chins of damage.
CONTRACTOR must respond b 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 br all damage caused by his
crew andiorsubcontractors in the performance of debris removal.
Iv. In the event the CONTRACTOR fats to repair damages as a result of the
Contractor's equipment failure or negligence within the time provided within 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 responsiblity will be presented to the
Emergency Management Coordinator or designee br review. The decision of the
Emergency Management Coordinator or designee wll be final.
Agreement No.17 204B -20-
EXHIBIT A
51.3 Equipment
a. All trucks and equipment must be in compliance with al applicable federal,state,and local
rules and regulations. Trucks used to halt debris must be capable of rapidly dumping their
load wit out the assistance of other equipment, be equipped with a tailgate that wil
effectively contain the debris during transport that will permit the trucks to be tiled b
capacity. Cyclone fence may be used as temporary tailgates if they comply with the
fallowing specifications:
• Fencing must be permanently attached b one side oft*truck bed.
• After loading,the fencing must be tied to the other side of the truck bed at two
places wilh heavygauge wire.
• Fencing must extend to the bottom of the bed.
• After loading,bottom of fencing shall be tight againstthe bed of the truck and
secured at minimam ofiwo locations.
• Solid iron metal bars must be secured to both sides of the fencing.
• There shall be no hand loaded equpment allowed.
b. The AUTHORITY or designee shall complete certifications indicating the type of vehicle,
make and model, license plate number, equipment number, and measured maximal
volume, in cubic yards, of the load bed of each piece of equipment utilzed to haul debris.
The measured volume of each piece of equipment shall be calculated from actual intemal
physical measurement performed and certified by the CONTRACTOR. Maximum volumes
maybe rounded up to the nearestcutc 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 tight to re-measure tracks and trailers at any
time to verify reported capacity. If a truck and/or tracer are re-measured and the yardage
capacity is determined to be lower,the lower yardage volume will be rem b the initial bad
and total volume adjusted accordingly.
c. All trucks and trailers utilized in hauing debris shal be equipped with a taigate that writ
penit the*hide b be loaded b capacity and eftectivelycontain the debris on the vehicle
while touting. If installed, all sideboard extensions must remain in place throughout the
operation,or the vehicle must be re-measured and remarked. AIi extensions to the bed are
subject to acceptance or rejection by the AUT HOW Y Inspector.
d. Trucks or equipment designated br 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 io be performed in the designated Collection Service Area during the
period of this Agreement. Under no circumstance wil the CONTRACTOR mix debris hauled
for others with debris hauled under this Agreement Failure b comply will result in no
payment to CONTRACTOR and operator and vehicle wil be declared ineligible b provide
any additional emergency debris collection services. Any and all unapproved changes b
placard will result in no payment to CONTRACTOR and operator and vehicle will be
declared ineligible to perform anyadditional emergency debriscollection services.
5.1 A Securing Debris
The CONTRACTOR shal be responsible for propedy and adequately securing debris on each
piece of equipment utilized b 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
Agreement No.17 204E -21-
EXHIBIT A
loafing and secured during transport Tarps or other coterings shall be padded by the
CONTRACTOR b prevent materials from falling or being blown fin the bed. Loads rot properly
tarped or otherwise mitered wit not be allowed to dispose at any AUTHORITY approved
temporarydebris site which may result in non-payment to CONTRACTOR.
5.1.5 Equipment Signage
Prior b 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 shal be placed en each side cite equipment For those tacks,
trailers and other equipment intended b haul debris,the maximum volume,in cubic yards,of the
load bed shal also be shown. Etch operator shall keep AUTHORITYcertification with them at al
times. Placards must remain on both sides of equipment.
5.1.6 Other Considerations
a. The CONTRACTOR shall assign and provide an Operations Manager (OM) to the
AUTHORITY Debris Management Center b sense as the principal laison between the
AUTHORITY Emergency Management Coordiabr or designee and the CONTRACTOR'S
forces. The assigned OM must be knowledgeable of ail facets of the CONTRACTOR'S
operations and have authority in writing to commit the CONTRACTOR. The OM shall b3 on
call 24 hours per day,seven(7)days per week and shall have electronic linkage capability
for transmittirg and receiving relevant contractual information and make arrangements for
onsite accommodations. This linkage small provide irmcedate contact da cell phone, Fax
machine, and hate Internet capabilities. The OM will participate in daly meetings and
disaster exercises,functioning as a source to protfde essential element information. The
OM will report to the AUTHORITY Emergency Management Coordinator or designee. This
position will not require constant presence;rather the OM will be required b be physically
capable of responding to the AUTHORITY 5nergency Management Coordcnator within 30
minutes of notification.
b. The CONTRACTOR shall be responsible for control of pedestrian and tehicular 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 paper
equpment for all tasks. Safety of the CONTRACTORS-personnel and equipment is the
responsibilty of the CONTRACTOR. Additionally, the CONTRACTOR shall pay for all
materials,personnel,taxes,and fees necessaryto perform under the terms ofthiscontract
d. Payment for debris hauled will be based on the quantity of debris Hauled in cubic yards.
Debris hauled to a Temporary Debris Site wil require a validated bad ticket Drivers will be
given an electronic or paper bad tickets at the loading site by an AUTHORITY loafing silo
nwnibr. The quantity of debris hauled will be estimated in cubic yards at the Temporary
Debris Site by an AUTHORIT Y Temporary Debris Site monitor. The estimated quantity will
be recorded on the electronic or paper load ticket The AUTHORiT Y Temporary Debris Site
monitor wil retain one copy of the paper load ticket and the dmwer will retain the remaining
copies of the bad ticket: Debris being hauled to a permanent landfill vall be paid based on
cubic yards recorded on an approved electronic or paper load ticket. Paymentwil be made
against the CONTRACTOR'S invoice once site monitor and CONTRACTOR bad tickets
and/or scale tickets math. Load tickets not properly completed and signed wil not be paid.
Agreement No.17 2048 -22-
EXHIBIT A
5.2 Temporary Debris Site Operations
52.1 General
a. The purpose of this section is to define the requirements for Temporary Debris Site
Operations aver any catastrophic disaster within Palen Beach County.
b. The CONTRACTOR shall use only Temporary Debris Sites designated by the AUT HORIT Y
Emergency Management Coordinator.
c. The Temporary Debris Site foreman shall drect all dumping operations. Different types of
debris shah be lept in separate pies at the Temporary Debris Site. At a minimum,one lag
person shal be posiad at each Temporary Debris Site for traffic control and to direct
unmixed bads to proper location(by debris type)to be dumped. CONTRACTOR shall be
responsible for sortirg and proper placement of ail bads not dumped in appropriate location
which results in mixing the once separated debris at no charge to the AUT HOWY.
d. The CONTRACTOR shall begh grinding vegetative debris within tilde (5)calendar days of
temporary debris site opening date and removing:mulch/wood chips within ten(10)calendar
days of site opening date. The CONTRACTOR shall begin removal of Construction and
Demoitioninixed debris from Temporary Debris Site to an approved final destination within
five(5)days of site opening date.
522 Temporary Debris Site Services
522.1 Site Soup/Preparation
Site setup/preparatbn shall be compensated on a tine and materials bass in
accordance with the hourly rates provided in the Fee Schedule, Exhibit B which is
attached hereto and incorporated by reference as part of the Agreement. Site set-
up/preparation includes: clearing, stripping, hauing, fill placement,
croshuctingldeconstructing processirg pads, limemck or crushed concrete access
roads,sodding,and any other similar activity necessary to make the site usable for its
intended purposes.
5222 Temporary Debris Site Operations and Material Processing
i Temporary Debris Site operations and material processing shall be compensated in
accordance with the unit prices provided in the Fee Schedule, Exhibit B. The
CONTRACTOR shall provide equipment, operators, and laborers for Temporary
Debris Site operations as spec i ied by Task Order. UM prices provided in the Fee
Schedule,Exhibit B,shall include all labor and materials necessary to fully operate
and maintain Oncludng fuel, oil, grease, repairs, operator, moblization,
demobilization, overhead, profit, lodging and insurance)al equipment under this
Agreement Each Inspection Tower shall be equipped with two(2)porta*tolets.
Toiets shall be provided immediately upon completion of tower assembly.
CONTRACTOR shall provide a water truck for the purpose of applying t r site
surface b minimize dust. The AUTHORITY shall provide a front-load garbage
container and colection service of the container at each Temporary Debris Site.
CONTRACTOR shall be responsible for cleaning up all trash and litter generated cur
the site from daffy operations and depositing into the container for collection. The
entrance roadway and surrounding area within''A mie of the site's entrance shall be
Agreement No.17-2048 -23-
EXHIBIT A
cleaned daily by the CONTRACTOR. All pre-storm identried sibs shall be opened
by the CONTRACTOR within three(3)calendar days alter receiving approval from
the AUTHORITY to operate the debris site. Failure b open sites with proper
equipment and necessary persomel will result in liquidated damages of$10,000
per day. Ali rates shall include the cost of protective cblhing(to include hardtets
and steel-bed boots), fringe benefits, hand tools, supervision, transportation,
lodging,and any other costs. The work shall consist of managing the operations of
a Temporary Debris Site and performing debris reduction by aircurtab itineration
and/or glinting of storm generated debris as directed by the AUTHORITY
Emergency Management Coordinator.
ii The AUTHORITY plans to use two types of Temporary Debris Sites.
• Vegetative Temporary Debris Sibs will be devoted to the reduction of clean.
woody debris by either buming or grinding. The AUTHORITY expects the
material to be recycled and or beneftialy re-used if processed bygrinding.
• Dependirg upon the size and type ofdevestation 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 CONTRACTOR implements recycling and or
reduction programs to minimize the quantity of construction debris material b
be land filled.
iii Material caning into the Vegetati a or C&D Temporary Debris Sites volt be
measured and paid for by the cubic yard according to the Fee Schedule,Exhibit B.
Material rammed and transported from a C&D Temporary Debris Site wit be
measured and paid bythe cubic yard according b the Fee Schedule,Exhibit B.
iv. Locations of all Temporary Debris Sites wil 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 Fee
Schedule,Exhibit B that might have been negotiated under a Task Order shall be
documented for payment.
v. Material processed at a Temporary Debris She by either grinding or burning wil be,
measured using cubic yards firm incoming load tickets. Material entering a Debris
Management Site wil be deposited in manageable pies.
52.3 Reporting
a. The CONTRACTOR shall submit a report to the AUTHORITY Emergency Management
Coordnabr or designee by cbse of business each day of the term of the Task Omer. Each
report shall contain,at a minimum,the blbwng information:
• Coniracbr's Name
• ContractNupber
• Daily and emulative hours for each piece ofequipment,.ifappropriate
• Daily and txmulathe hours for personnel,by position,Ifappropriate
• Volumes of debris handled
b. Failure to provide audit quaky information by 5:00 pm.of the following day of operation will
subject CONTRACTOR to non-payment in each instance at the sole discretion of the
AUTHORITY.
Agreement No.17204B -24-
EXHIBIT A
524 Other Considerations
a. The CONTRACTOR shall supervise and direct the work, using stalled labor and proper
equipment for all tasks. Safety of the Contractor's personnel and equipment is the
responsibiity of be CONTRACTOR. Additionaiy, 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 Temporary Debris Site must be closed due to CONTRACTOR
equipment or operational failures, CONTRACTOR shall be liable for iquidated damages in
the amount of$25,000.00 per day for eery daOre site has to remain cued.
52.5 Debris Clearance(for access)from Right-of-Ways and Public Property
a. The AUTHORITY provides support to Palm Beach County Goverment for Debris
Management, including the clearance (moving debris from the middle of the road, etc.) of
debris Pram right-of-ways and public property. Palm Beach County intends to perform debris
clearance br access with Its own forces or under misting contractual Agreements between the
County and local firms. However,in a significant disaster,these remixes may be insufiident
to perform the clearance activities in a timelymanner.
b. This debrisclearance 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 Fee Schedule,Exhibit B.
5.3. Processing,Loading and Haring Material
a. CONTRACTOR.shall proade all necessary labor,material and equipment to process,load and haul
wood chips and construction and/or mixed debris from Temporary Debris Sites in Palm Beach County
to final destination for disposal as directed by the AUTHORITY. The AUTHORITY reserves the right
b contract with other firms to process, load and haul wood chips and construction and/or mixed
debris to a final destnation as may best meet the needs of the AUTHORITY. All wood chips,
cons(ruction and/or mixed debris shad be disposed of in accordance with all Local, State of Florida
and Federal gukleines.
b. CONTRACTOR will provide detailed listing b the AUT HORITY of following:
1. Quantity(loads and cubic yards)
2. Owner intimation
3. Site where mulch and Construction/Cemoiion debris is disposed,b inckde
addresslGPS location.
6. MISCELLANEOUS REQUIRE/ARM
6.1 Temporary Debris Site Foreman
a_ The Temporary Debris Site foreman must be an employee of the CONTRACTOR and is responsble
for management of all operations of the site to include, traffic control, dumping operations,
segregation of debris,burning,grinding,and safety.
b. The Temporary Debris Site foreman Will be responsible for monitoring and documenting equipment
and tabor time and providing the daily operational report to the AUTHORITY Emergency Management
Coorclnator or designee.
Agreement No.17-204B -25-
EXHIBIT A
6.2 Temporary Debris She Night Foreman
a. The Temporary Debris She night foreman must tie an employee of the CONTRACTOR and is
responsibleformaoaging all night operations approwd bythe AUTHORITY.
b. The Temporary Debris Site night foreman will be responsible for monitoring and documenting
equipment and labor time and providing the daily operational report to the AUTHORITY Emergency
Management Coordinator or designee.
6.3 Temporary Debris Site lAanaganent Plan
a. Once the Temporary Debris Site 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 fotlowng functions:
• Access to site
• Site preparation-clearing,erosion control,and grading
• Traffic control procedures
• Safety
• Segregation of debris
• Location of ash disposal area,hazardous material containment area,CONTRACTOR work
area,and inspection tower
• Location of incineration operations,griming operation(if required). Buming operations
require a 100-footclearance from the stockpile and a 1000-foot clearance from structures
• Location of existing structures or sensitive areas requiring protection
6A Inspection Tower
The CONTRACTOR shall construct an inspection tower at each Temporary Debris Ste within three (3)
calendar days of natural disaster. The tower shall be constructed using pressure treated wood or steel
scaffold. The floor elevation of the tower shall be 10-feet above the existing ground elevation. The floor
area shall be a minimum 8'by8',constructed of 2k 8"jdsts,16"O.C,with 3/4"plywood supported by a
minimum of four 6"x 6"posts. A 4400t high wall constructed of 2"x 4"studs and h"plywood shall protect
the perimeter of the boor area. The floor area shah be covered with a roof. The roof shal provide a
minimum of 61-6"of headroom below the support beams. Steps with a handrail shal provide access b the
tower._Inspection towers must provide a dry area for employees and metal fEMA OSHA requirements.
6.5 Griming Operation
The CONTRACTOR shall have grinders on site and in operation within 72 hours of natural disaster.
Failure to provide grinder(s) on site in operation within 72 hours shall result in liquidated danages of
$10,000 per day. There shall be no period longer than 24 hours in which grinding activity may stop due b
equipment or operational'failure. Failure to provide back-up equipment within 24 hours shall resit in a
$2,000 tine per hour per approved hours of grinding operation per day until grinding acti ityresumes.
6.6 Household Hazardous Waste Containment Area
The CONTRACTOR shall construct a hazardous material containment area at each Temporary Debris
Site. The area shal be 30'x 30'. The perimeter shal be lined with hay bales and staked in place. The
area shall be lined with a heavy gage plastic b provide a waterproof barrier. Additional plastic suificientto
cover the area is required to prevent rain from entering the containment area. Site run-off mast be
redirected from the containment area by site grading.
Agreement No.17 204B -26-
EXHIBIT A
7. PERFORMANCE OF CONTRACTOR
A it is the intentof this Agreement to ensure that the CONTRACTOR provides a quality level of services. To this
end, all complaints received by the Emergency Management Coordinabr or designee, and reporbed to the
CONTRACTOR shall be promptly resolved pursuantto the provisions ofthis Agreement
B. The Emergency Management Coordinabr or designee may levy administrative charges for the following
infractions:
1. Faiure to open pre-storm identbed sties within three(3)calendar days of after being tasked by
the AUTHORITY liquidated damages of$10,000 per daybr each day not opened.
2. Closure of Temporary Debris Site due to CONTRACTOR equipment or operational faikrres
liquidated damages of$25,000 per day,for each day site must remain closed.
C. Failure to provide back-up grinders 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 breach of the following
infractions:
1. Falure to proWde audit qua*information by5:00 p.m.of the following day of operabon.
2. Loads not praperlytarped or otherwise covered,
3. Mirdng debris hauled from other sources with debris hauled under this Agreement
4. Mibng vegetation debris with C&D material.
E. CONTRACTOR may be immediately terminated and not pad for the following:
1. Collection of any non-eligible,non-AUTHORff Y approved stumps or.debris.
2. Moving to another designated Collection Service Area without prior AUTHORITYapprmel.
3. Failure to provide service in accordance to guideines setbrth by FEMA and the AUTHORITY.
4. Soliciting work from private citiaens or others b 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.
F. Any disputes regarding Performance of Contractor will be presented b the Emergency Management
Coordinator or designee for review. The Bnergency Managment Coordinabr or designee shall canpleb
review and make determination within three (3) calendar days_ Decisions of the Emergency Management
Coordinabr or designee shall be final.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
Agreement No.17-2048 -27•
Philips and Jordan,Mc. EXHIBIT B
FEE SCHEDULE
VOLUME BASED PRICING FOR 3,000,000 CUBIC YARD(CY)DEBRIS DISASTER
ITEM/DESCRIPTION ESTIMATED UNIT PRICE' EXTENSION
QUANTITY PER CY
1.0 Public Propedyand Rghtof Way Collection,Loading
and Hauling to a designated Temporary Debris Site.
A Vegetation 2,500,000 CY $9.25 $23,125,000.00
B. Construction Debris I Mixed Debris 500,000 CY $9.25 $4,625,000.00
2.0 Temporary Debris Site operation to include placement of
monibrng bwers,portable biels,keeping on-site and 3,000,000 CY $1.75 $5,250,000.00
acijacent roads area clean of Lash and garbage,debris
acceptance,pile management;and phase I reclamaton.
3.0 Processing of debris through grinding and%orchippirg. 2,500,000 CY $2.50 $6,250,000.00
4.0 Loading,hauling and disposing wood chips to final 1,000,000 CY $8.75 $8,750,000.00
destination. (This rate includes cisposal cosh
5.0 Volume reduction through aircurtain incineration. 2500,000 cY $1.50'
6.0 Loading and haling ofconstucion debris and/or mixed
debris from Temporary Debris sib b a permitted C&D
recycling facility or any otter designabd Disposal
Faciity. (This rate shal not include disposal cost).Miles
from TORS to feat destination=1
A 0 s 20 miles 500,000 cY $3.00
B. >20 s 50 miles 500,000 CY $4.75
C, >50 s 80 miles 500,000 CY $7.00
D. >80 s 110 miles 500,000 CY $750
E. >110 s 200 miles 500,000 CY $7.50
AVERAGE: (Item 6.0
AVERAGE (Item 6.0 x 500,000 CY= $2,975,000.00
TorAL PRICE: (Items 1,0-4.0;6.0) $50,975,000.00
•
Unit Prices, unless otherwise indicated, shall include all labor (operators, laborers, supervisors) and materials
including but not limitad to: supplies,equipmentmaintenance,repairs,repair parts,fuels,lubricants,cellular phones,
transportation,and housing,N required, necessary to accomplish the project. The quantities and distributions are
estimated. Locations of sites, debris quantities,destinations, material densities, etc. may differ substantially in an
actual disaster.
Assumptions: 3,000,000 cubic yards of debris consisting of 2,500,000 cubic yards of vegetation debris and 500,000
cubic yards of mixed debris.
Agreement No,17 204B -28-
Philips and Jordan,Inc. EXHIBIT B
FEE SCHEDULE
HOURLY RATES
DEBRIS MANAGEMENT SITE SET-UP AND CLOSURE AND DEBRIS CLEARANCE
FOR ACCESS-OPTIONAL USE BY COUNTY AND OTHER GOVERNMENTAL ENTRIES
EQUIPMENT AND LABOR RATES
HOURLY HOURLY TOTAL
EQUIPMENT TYPE EQUIPMENT LABOR HOURLY
RATE RATE RATE
Bobcat Loader $60.00 $40.00 $100.00
Crew Foreman w/Cell Phone and Pickup $15.00 $70.00 $95.00
Dozer,Tracked,D5 or similar $70.00 $40.00 $110.00
Dozer,Tracked,D6 or similar $90.00 140.00 $130.00
Dozer,Tracked,D7 or similar $120.00 $40.00 $160.00
Dozer,Tracked,08 or similar $180,00 $40.00 $220.00
DumpT luck,18 CY20 CY $50.00 $40.00 $90.00
DurnpT ruck,21CY-30 CY $6000 $40.00 $100.03
Generator and Lighting $20,00 - $20.00
Grader w/12'Blade $90.00 $40.00 $130.00
Hydraulic Fa cavator,1.5 CY $90D0 $40.00 $130.00
Hydraulic Excavator,2.5 CY $11.0.00 $40.00 $150.03
Knucideboan Loader $180.00 $4000 $220.00
Laborer w/Chain Saw --- $40.00 $4010
Labolerw/smal tools,talc control,ltag person --- $40.00 $40.00
Lowboy T facer w/T racior $90.00 $40,00 $130.00
Operations Manager w/Cell Phone and Pickup $15.00 $80.00 $95.00
Pickup Truck,.5Ton $1500 -- $15.00
Soil Compactor81 HP+ $80.00 $40.00 $120.00
Soil Compactor b 80 HP $70.00 $40.00 $110.00
Soil Compacbr,Towed Unit $40.00 $40.00 $80.00
Truck,Fluted $40,00 $40.00 $80.00
Tub Grinder,800 to 1,000 HP $600.00 - $600.00
Water Truck $50.00 $40.00 $90.00
Wheel Loader,2.5 CY,950 or similar $80.00 $40.00 $120.00
Wheel Loader,3.5-4.0 CY,966 or simiar $100.00 $40.00 $140.03
Wheel Loader,4.5 CY,980 or similar $140.00 $40.00 $180.00
Wheel loader-Bacltoe,1.0-1.5 CY $80.00 $4000 $120.00
Agreement No.17 204E -29-
Phillips and Jordan,Inc. EXHIBIT B
FEE SCHEDULE
UN(T COST
lrDA HAZARDOUS STUMP REMOVAL,HAULING,AND DISPOOSAL UNIT UNIT COST
1 6 inch diameter to 12 inch diameter Stump $150.00
2 1.3 inch diameter to 24 inch diameter Stump $275.00
3 25 inch diameter to 48 inch diameter Stump $550.00
4 49 inch diameter and greater Stump $900.00
5 Stump Fil Dirt—Fil dirt for stump hdes after removal CY $25.00
HAZARDOUS TREE REMOVAL,HAULING,AND DISPOSAL
6 6 inch diameter 12 inch diameter Tree $100.00
7 13 inch diameter to 24 inch diameter Tree $200.00
8 25 inch diameter to 48 inch diameter Tree $500.00
9 49 inch dianeterand greater Tree $850 00
NOTE:
The AUTHORITY reserves the right to use this contract to handle small quantities of debris removal, as
needed,related to a disaster event that does notouaify br FBAA assistance. This wit include any disaster
event that produces small quantities of debris.
REMOVAL,AND TRANSPORTING OF DEBRIS TO AN
APPROVED SWA DSPOSAURECYCUNG FACILITY
EQUIPMENT DAILY RATE
(10 HRSIDAY)
Knucldebocm Loader and Operator $2200.00
The above daily rate shall include all associated costs(direct labor,overhead,profit,supervision,insurance).
Agreement No.17 2048 -30-
EXHIBff C
SMALL BUSINESS ENTERPRISE(SBE}PLAN
Philips and Jordan, he. is cammitted to the SBE Parpcipation Plan and will make every effort to achieve the
AUTHORITY'S goal through subcontracting to SBEs.
In respaise to the Request br Proposal,RFP No. 17204/SLB, Philips and Jordan, Inc.prodded a list of wiled
SBE sub-contracbrs who will be used on this Agreement
H&R of Belle Glade,LLC
Contractors Support Services,Inc,.
Agreement No.17 204B -31-
`wA DEBRIS ZONES AND POTENTIAL TEMPORARY DEBRIS SITES
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Agreement No. 17-204 -Exhibit D -32- ��
EXHIBIT E
PUBLICLY DINNED DEBRIS MANAGEMENT SITES
SWA Temporary Debris Disposal Sites:
SITE LOCATION
20•Mile Bend 1 Palm Beach Aggregates; North side of Southern Boulevard approximately4 miles
west of Lion Country Safari
Belle Glade West end of West Canal Street,South Belle Glade
Cholee West of Jog Road on the south side of Forest Hill Boulevard
across from the entrance to Okeeheelee Park
Cross State Landfill Pike Road,West Palm Beach
Dyer Landfill(Cbsed) South of Beeline Highway on the west side of Haverhill
Road
Hooker Ffighway' South side of Hooker Highwayapproximately
1 mile west of the intersection of State Road 80 and 441
Mecca Farms Approximately 1 mile north of Northlake Boulevard on the
east side ofSeminde Pratt Whitney Road
Pakn Beach Downs Approximat ly%mile westof441 on West Atlantic Avenue
SWA North Jog Road Located on Jog Road,West Palm Beach
South County Regional Park TakeGlades Road west of441 approxknataly
2 miles b Ponderosa Drive and tum north b the site
Wallis Road Located on the north side of Wallis Road between Haverhill
Road and MlitaryTrail
'Private Sites used in the past
Solid Waste Authority of Palm Beach County
Disaster Debris Removal and Disposal
Agreement No.17 204B -33-
EXHIBIT F
SOLID WASTE AUTHORITY ,
OF PALM BEACH COUNTY
7501 North Jog Road S
�� `�West Palm Beach,Florida 33412
Telephone: 561-640-0000•Fax: 561-640.3400
TASK ORDER
DISASTER DEBRIS MANAGEMENT
TO
Task Order No.
In accordance with (Contractor)contract,with the Sdid Waste Authority of
PBC, Florida, (AUTHORITY) Agreement No. 17-204B for Hurricane/Disaster Debris Removal, Reduction, and
Disposal dated the AUTHORITY hereby requests and authoriaes the services to be
performed on the project as demnbed below:
Project:
Specific Work to be performed:
Duration of Work pnclude Start Date,End Date and Total Calendar Days):
Method of Payment:
Estimated Costof this Task Order. $
Contracts Signature: Date:
AUTHORITY Signature: Date:
SWA Use Orgy
SWA Requesbr/Monibr: Dais:
SWA Dept Director: Dais:
Vendor No.: Account No.: Project
Purchasing: _ Budget Accounting:
Agreement No.17-204B -34-
EXHIBIT C
IMOBILIZATION SCHEDULE
CONTRACTOR shal commence mobllition of equipment,operabrs,and laborers irmediately upon receipt of a
MobifrahonTask Order to meet the progress pattern set below.
Category 1 &2 Category 3 Category 4 Category 5
Within 24 hours 40% 25% 20% 15%
Within 48 hours 80% 40% 35% 25%
Within 72 hours 100% 75% 50% 45%
Within 96 hours 100% 70% 60%
Within 7 days 90% 80%
Within 10 days 100% 90%
Within 14 days 100%
Agreement No,17 204E -35-
EXHIBIT H
IBUY AMERICA REQUIREMENTS 1
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 al grinding, drilling,waling, 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 acamponent of any manufactured product incorporated into the project(e.g.,
concrete pipe, pre-stressed beams, corrugated steel pipe, et.), 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 al steel
and iron materials incorporated into the finished work, but are not applcabte to steel and iron items that the
Contracbr 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 fumished
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 p) 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 certificcafion shal be
famished 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.17-204B -36-
EDIT I
PERFORMANCE AND PAYMENT BOND
BY THIS BOND, WE, , Inc., as Principal and
a Corporation,as Surety, are bound b the Solid
Waste Authority of Palm Beach County, hereinalbr referred to as "Authority', in the sum of
Dollars(up b$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
Hurricane/Disaster Debris Removal, Reduction and Disposal,Agreement No. 17-204B,the Agreement being
made a partof this bond by reference,in the time and in the manner prescribed in the Agreement,and;
2. Promptly makes payment to al claimants,as defined in Section 255.05(1),Florida Statutes,supplying Principal
with labor,materials and supplies,used directly or indirectly by Principal in the prosecution of the work provided
for in the Agreement,and;
3. Pays Authority all loss, damages, expenses,costs, and attorneys fees, including appelate proceedings, that
Authority sustains because of default by Principal under the Agreement,and;
4. Performs the guarantee of all work end materials furnished under the Agreement for the time specified in the
Agreement,and;
5. Al completion of al work covered by Agreement and Final Payment by Authority to Principal then Principal wil
replace this Performance and Payment Band 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 b the Authority a
Performance and Payment Bond n 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 al liquidated damages imposed by the Authority for the referenced.
Agreement.
Agreement No.17-204B -37-
EXHIIBIT I
Any changes in or under the Agreement Documents and =pleura or noncompliance with any lbrmaiifies
connected with the Agreement or the changes does not affect Suretris obligation under this bond. Any increase in
the total Agreement amount as authodaed by the Authority shall accordingly_increase the Suret/s obligation by the
same ddlar amount of said increase. CONTRACTOR shall be responsible for notification b Swety of all such
changes.
See subsection(2)of Section 255.05,Florida Statutes as amended forty notice and time limitations for claimants.
Signed and sealed this dayof ,20
PRINCIPAL:
BY
Signature
WITNESS: Name:
1. Title:
2. Address:
Telephone:
SURETY:
BY
Signature
WITNESS: 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.17 204E -38-