HomeMy WebLinkAboutAgreement_General_07/13/2017 (2) �yti1pS&Jo
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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 TEQUEST
Signature ig ature �1
Dudley Orr /Vice President l A/1A fYr
Printed Name/Title Printed Name/Title
otv l:� -1- ► 3-) )
Date— Date
10201Parkside300Knoxville, • office 865.688.8342 865.688.8369
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
Te uesta, 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.
6.3 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 8-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.
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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,
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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 party 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 further 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
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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
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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 attorney'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) 768-06859 OR AT lmcwilliams(i�teguesta.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 TEQUES
Lori McWilliams MMC, Village Cle gall enna or
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AGREEMENT
FOR
HURRICANE(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. Compliance with Laws....................................................................................4
10. Sub-Contracting...............................................................................................4
11. Federal and StateTaxes................................................................................4
12. Availabilityof Funds.........................................................................................4
13. Authority's Responsibilities.............................................................................4
14. Default................................................................................................................4
15. Term ination for Convenience.........................................................................5
16. Uncontrollable Forces.....................................................................................5
17. Remedies..........................................................................................................5
18. Non-Discrimination...........................................................................................5
19. Waiver................................................................................................................6
20. Severability........................................................................................................6
21, Entlretyof 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. ContractAdministratiDn...................................................................................9
31. Key Personnel..................................................................................................9
32. Small Business Enterprise(SBE)................................................................10
33. Scrutinized Companies.................................................................................10
34, Agreements with other Governmental Entities..........................................10
35. Third Parly Beneficiary Disclaimer..............................................................10
36. Confidentiality.................................................................................................10
37. Escalation Clause...........................................................................................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 PolicyAct(NEPA)................................................13
47. Americans with Disabilities Act....................................................................13
48. Compliance WthTiW M,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 Oider Disaster Debris Management.................................................34
G. Mobilization Schedule....................................................................................35
H. Buy America Requirements..........................................................................36
I. Performance&Payment Bond....................................................................37
Agreement No.17 204E ii
HURRICANE I DISASTER DEBRIS
REMOVAL,REDUCTION AND DISPOSAL
AGREEMENT NO.17-204B
This Agreement is made and entered inlo as of May 5,2017,by and between the Solid Waste Authority of Palm
Beach County,a special districtcreated by Chapter 2001-331,Laws of Florida,as amended,(hereinafter referred to
as AUTHORITY) and Phillips and Jordan, Inc. (hereinafter referred to as CONTRACTOR), a North Carolina
Corporation,whose Federal Employer Identification Number is 56-0694573.
Whereas, in accordance with the AUTHORITY'S 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,therefore,in consideration of the promises contained herein,the parties hereto agree as follows:
ARTICLE 1 -EFFECTIVE DATE
The effective date of this Agreementshai be May 8,2017 through May 7,2022.
Term of Agreement shall be for a five (5) year period, unless otherwise terminated as provided herein. The
AUT HORITY 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 HORITY's Governing 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 capabilities. The recertification
process will be a review,of the fiscal (bankruptcy,etc),logistical(equipment availability,etc.),and moral(conviction
for environmental crime,conviction for crime against a public entity,etc.)responsibility of the CONTRACTOR and a
determination by the AUTHORITY, based on this review, of whether or not the CONTRACTOR continues to be a
viable firm to provide the services described in this Contract.
ARTICLE 2-SERVICES TO BE PERFORMED 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 authorized. The AUTHORITY,by virtue of this Agreement,gives the CONTRACTOR no guarantee of any
work/serAces or any specific amount of work/services that may be accomplished during the period this Agreement is
in full force and effect
ARTICLE 3-COMPENSATION
3.1 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 not-to-exceed amount for any Task Order containing a task covered by the
scope of work of this Agreement but to which the Fee Schedule cannot readily be applied.
3.2 CONTRACTOR shall submit semimonthly invoices for seMces rendered. Invoices must reference the Task
Order number. Invoices shall include a statement of progress and appropriate audit quality detail to satisfy
FEMA requirements.
Agreement No.17 204E -1 -
3.3 Payment of CONTRACTOR by AUTHORITY 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 to be ineligible for
reimbursement.
3A Each individual invoice shag be due and payable thirty(30)days after receipt of correct,fully documented,
invoice bythe AUTHORITY. All invoices shall be delivered to:
Solid Waste Authorityof Palm Beach County
7501 North Jog Road
West Palm Beach,Florida 33412
Attention: Accounts Payable,c/o Mary Schultz
3.5 In order for both parties herein to close their books and records,the CONTRACTOR will clearly state"Final
Invoice"on the CONTRACTOR'S finalAast billing 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 closed,any and other furthercharges if riot properly included on this final invoice
are waived by the 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 AUT HORITY'S satisfaction and all sub-contractors and any material suppliers verify that
theyhave been paid.
ARTICLE 4-INSURANCE
4.1 During the performance of the Services under this Agreement,CONTRACTOR shall maintain the following
insurance policies,and be written by an insurance company authorised to do business in Florida.
1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each
occurrence,and with properlydamage limits of not less than$1,000,000 for each occurrence.
2. Automobile Liability Insurance with bodily injury limits of not less than $5,000,000 for each
person and not less than$5,000,000 for each accident and with property damage limits of not
less than$5,000,000 for each accident.
3. Workers' Compensation Insurance in accordance with statutory requirements and
Employer's Liability Insurance with limits of not less than $500,000 for each accident,
$500,000 for each disease,and$500,000 aggregate.
4. Excess Liability Insurance with limits of not less than $10,000,000 for each occurrence and
annual aggregate.
4.2 Deductible amounts shall not exceed 50/of the total amount of required insurance in each category. Should
any policy contain any unusual exclusions said exclusions shall be so indicated on the certificate(s) of
insurance.
4.3 CONTRACTOR shall furnish AUTHORITY certificates of insurance which shall include a provision that
policy cancellation, non-renewal or reduction of coverage will not be effective until at least thirty (30)days
written notice has been made to the AUT HORITY.
4.4 CONTRACTOR shall include AUTHORITY as an additional insured on the General Liability, Excess
Liability,and Automobile Liability insurance policy required by the Agreement. Al of CONTRACTOR'S sub-
contractors shall be required to include AUTHORITY and CONTRACTOR as additional insured on their
General Liability insurance policies.
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 insurance coverage.
4.6 The CONTRACTOR shall not commence work under this Agreement until all insurance required as stated
herein has been obtained and such insurance has been approved bythe AUTHORITY.
ARTICLE 5-STANDARD OF CARE
5.1 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
CONTRACTOR shall, at no additional cost to AUTHORITY, re-perform services which fail to satisfy the
foregoing standard of care.
5.2 The CONTRACTOR warrants that all services shall be performed by skilled and competent personnel to the
highest professional standards in the field.
ARTICLE 6-INDEMNIFICATION
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the performance of the services
and in consideration of the promises included herein, AUTHORITY and CONTRACTOR agree to allocate
such liabilities in accordance with this Article 6.
6.2 INDEIIWIFICATION
The CONTRACTOR shall indemnify and hold harmless the AUTHORITY, and its officers and employees,
from liabilities, damages,losses,and costs,including,but not limited to,reasonable attorneys fees,to the
extent caused by the negligence, recklessness,or intentionally wrongful conductof the CONTRACTOR and
other persons employed or utilized bythe CONTRACT OR in the performance of the Agreement.
6.3 SURVIVAL
Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of
termination of this Agreement for any reason,the terms and conditions of this Article shall survive.
ARTICLE 7-INDEPENDENT CONTRACTOR
7.1 The CONTRACTOR is, and shall be, in the performance of all work services and activities under this
Agreement, an Independent Contractor, and not an employee, agent, or servant of the AUTHORITY. All
persons engaged in anyof the worts or services performed pursuantto this Agreement shall at all times,and
in all places, be subject to the CONTRACTOR 'S sole direction, supervision, and control. The
CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the
work, and in all respects the CONTRACTOR 'S relationship and the relationship of its employees to the
AUTHORITY shall be that of an Independent Contractor and not as employees or agents of the
AUTHORITY.
7.2 The CONTRACTOR does rat 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 guarantor of payment or 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 Agreement
Agreement No.17 204E -3-
ARTICLE 8-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.
ARTICLE 9-COMPLIANCE WITH LAWS
In performance of the Services,CONTRACTOR will complywith applicable regulatory requirements including federal,
state,special district,and local laws,rules,regulations,orders,codes,criteria and standards.
ARTICLE 10-SUB-CONTRACTING
10.1 The AUTHORITY reserves the right to accept the use of a sub-contractor or to reject the selection of a
particular sub-contractor and to inspect all facilities of any sub-contractor to perform properly under this
Agreement Rejection of any sub-contractor will be based on, but not limited to, negative references,
insufficient resources,or conviction of Public EntityCrime.
10.2 If a sub-contractor fails to perform or make progress,as required by this Agreement,and it is necessary to
replace the sub-contraclor to complete the work in a timely fashion,the CONTRACTOR shall promptly do
so,subjectto acceptance of the new sub-contractor bythe AUTHORITY.
ARTICLE 11 -FEDERAL AND STATE TAXES
The AUTHORITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request,the AUTHORITY will
provide an exemption certificate to CONTRACTOR. The CONTRACTOR shall not be exempted from paying sales
tax to its suppliers for materials to fulfill contractual obligations with the AUTHORITY,nor shall the CONTRACTOR
be authorized to use the AUTHORITY'STax Exemption Number in securing such materials.
ARTICLE 12-AVAILABILITY OF FUNDS
The obligations of the AUTHORITY under this Agreement are subject to the availability of funds lawfully appropriated
for its purpose bythe Board of the Solid Waste Authorityof Palm Beach County.
ARTICLE 13-AUTHORITY'S RESPONSIBILITIES
AUTHORITYshall be responsible for providing access to all projectsites,and providing information on hand required
by CONTRACTOR that is available in the files of the AUTHORITY.
ARTICLE 14-DEFAULT
14.1 The AUTHORITY may,by written notice of defaultfo the CONTRACTOR,terminate the Agreement in whole
or in part if the CONTRACTOR fails to satisfactorily perform any provisions of this Agreement, or foils to
male progress so as to endanger performance under the terns 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 failure. 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 similar to those terminated, and the CONTRACTOR shall be liable for any excess
costs incurred due to this action.
142 If it is determined that the CONTRACTOR was not in default or that the default was excusable(e.g.,failure
due to causes beyond the control of, or without the fault or negligence of, the CONTRACTOR), the 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 termination to the CONTRACTOR, specifying the
portions of the Agreement to be terminated and when the termination is to become effective. N only portions
of the Agreement are terminated,the CONTRACTOR has the rightto withdraw,without adverse action,from
the entire Agreement.
15.2 Unless directed differently in the Notice of Termination,the CONTRACTOR shall incur no further obligations
in connection with the terminated work,and shall stop work to the extent specified 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 ofterminatbn.
ARTICLE 16-UNCONTROLLABLE FORCES
16.1 Neither the AUTHORITY nor CONTRACTOR shall beconsidered to be in defaultof this Agreement if delays
in or failure of performance shall be due to Uncontrollable Forces,the effect of which,by the exercise of
reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall
mean any event which results in the prevention or delay of performance by a party of its obligations under
this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is
not limited to fire,flood,earthquakes,storms,lightning,epidemic,war,riot,civil disturbance,sabotage,and
governmental actions.
16.2 Neither party shall,however, be excused from performance if nonperformance is due to forces which are
preventable,removable,or remediable and which the nonperforming party could have,with the exercise of
reasonable diligence,prevented,removed or remedied with reasonable dispabh. 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 Agreement.
ARTICLE 17-REMEDIES
This Agreement shall be governed by the laws of the State of Florida.Any and all legal action necessary to enforce
the Agreement shall be in a State court of competent jurisdiction located in Palm Beach County.With the exception
of the choice of law and venue provisions contained herein,no remedy conferred upon any party is intended to be
exclusive of any other remedy,and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity 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-DISCRIMINATION
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,orgender identityor expression.
Agreement No.17 204E -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 written waiver, such a waiver shall not affect the
waiving partes rights with respect to any other or further breach. The making or acceptance of a payment by either
party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver
of any subsequent default or breach.
ARTICLE 20-SEVERABILITY
20.1 The invalidity, illegality, or unenforceabiity of any provision of this Agreement, or the occurrence of any
event rendering any portion or provision of this Agreement void, shall in no way affect the validity or
enforceability of any other portion or provision of the Agreement Any void provision shall be deemed
severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the
Agreement did not contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that tames 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 the Agreement be determined to be void.
ARTICLE 21 -ENTIRETY OF AGREEMENT
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, proposes,representations,negotiations,letters or other comm unications
between the AUTHORITY and CONTRACTOR pertaining to the Services, whether written or oral. None of the
provisions,terms and conditions contained in this Agreement may be added to,modified,superseded or otherwise
altered emeptbywritten instrument executed bythe parties 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 shall be in the form of a written Amendment executed by both parties.
ARTICLE 23-SUCCESSORS AND ASSIGNS
AUT HORITYand CONTRACTOR each binds itself and its partners,successors,assigns and legal representatives to
the other party to 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
ALIT HORIT Y 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 working solely for the CONTRACTOR to solicit or secure this Agreement and that it has not paid or agreed
to pay any person,company,corporation,individual or firm,other than a bona fide employee working solely for the
CONTRACTOR,any fee,commission,percentage,gift or any other consideration contingent upon or resulting from
the award or making of this Agreement
Agreement No.17 204E -6-
ARTICLE 25-TRUTH-IN-NEGOTIATION CERTIFICATE
25.1 Execution of this Agreement by the CONTRACTOR shall act as the execution of a truth-in-negotiation
certificate certifying that the wage rates and costs used to determine the compensation provided for in this
Agreement are accurate,complete,and current as of the date of the Agreement.
25.2 The said rates and costs shall be adjusted to exclude any significant sums should the AUTHORITY
determine that the rates and costs were increased due to inaccurate,incomplete or noncurrent wage rates
or due to inaccurate representations of fees paid to outside contractors.The AUTHORITY shall exercise its
rights under this"Certificate"within one(1)year following payment.
ARTICLE 26-OWNERSHIP OF DOCUMENTS
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 AUTHORITY for its use and/or distribution as may be deemed
appropriate by the AUTHORITY.
ARTICLE 27-PUBLIC RECORDS,ACCESS AND AUDITS
27.1 It is the intent of this Article to maintain compliance with the Florida Public Records Law,Ch. 119,Florida
Statutes,as amended effective July 1,2016.
27.2 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 CUSTODIANCa)SWA.ORG
27.3 The CONTRACTOR shall maintain records related to all charges, expenses, and costs incurred in
estimating and performing the work, in accordance with the timeframes and classifications for records
retention as per the General Records Schedule GS1-SL for State and Local Government Agencies (see:
httol/dos.dos.state.fl.usfiibraryarchiveslrecords-manaaementlaeneral-records-schedules/) after completion
or termination of this Contract. The AUTHORITY shall have access to such records as required in this
section for the purpose of inspection or audit during normal business hours,at the CONTRACTORs place
of business.
27.4 Notwithstanding anything herein to the contrary, the CONTRACTOR expressly acknowledges that: i) it is
providing a specific service to the AUTHORITY in the performance of this Contract;ii)acting on behalf of the
AUTHORITY in the performance of this Contract;iii)that it has read and is familiar with the Florida Pubic
Records Law,Ch. 119,Florida Statutes,as amended,and both understand its responsibility and obligation
to comply with this law; and iv) to the extent any question(s) arise regarding its duties to produce pubic
records,itshallcontactthe Records Managerwith sane.
27.5 Any public records requests directed to,or related in any way to this contract shall be directed solely to the
Records Manager. If the requested records are not in the possession of the Records Manager they shall
immediately notify the CONTRACTOR and the CONTRACTOR must provide the records or allow access to
the records within a reasonable time. A CONTRACTOR who falls to provide the records to the public
Agreement No.17 204B -7-
agency within a reasonable time maybe subject to penalties under Florida Statutes (F.S) §119.10, and
§119.10(2) provides that a person who willfully and knowhgly violates the Public Records Act commits a
misdemeanor of the first degree,which is punishable by up to a year in jail and a fine not to exceed$1,000.
27.6 Therefore,the CONTRACTOR is required to:
1) maintain pubic records thatordharlyand necessarlywould be required bythe AUTHORITYin order to
perform the service;
2) provide the public with access to public records on the same terms and conditions that the
ALIT HORITY would provide the records and at acost that does not exceed the cost provided by Florida
law;
3) ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law;and
4) meet all 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 anyduplicate
public records that are exempt or confidential and exempt from public records disclosure requirements.
When requested by the AUTHORITY,either during performance of the contract or after termination or
completion of the contract, all records stored electronically must be provided to the AUTHORITY in a
format that is compatible with the information tec hnology systems of the AUTHORITY.
27.7 Failure of the CONTRACTOR to complywith these requirements shal 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 following 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 Florida Statutes Chapter 119 and 257 exceed those of FEMA,
the records shall be retained to comply with State of Florida requirements.
ARTICLE 28—OFFICE OF INSPECTOR GENERAL
Palm Beach County has established the Office of the Inspector General (OIG),Ordnance No. 2009-049 which is
authorized and empowered to review past, present and proposed county contracts, transactions, accounts and
records. The AUTHORITY has entered into an Interlocal Agreement (ILA) for Inspector General Services. This
agreement provides for the Inspector General to provide services to the AUTHORITY in accordance with the
AUTHORITY, functions and powers set out in the Palen Beach County Office of Inspector General Ordinance. All
parties doing business with the AUTHORITY and receiving AUTHORITY funds shall fully cooperate with the
Inspector General including providing access to records relating to this agreement The Inspector General has the
power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate,monitor,
and inspect the activities of the CONTRACTOR, its officers, agents, employees, and lobbyists in order to ensure
compliance with contract specifications and detect corruption and fraud. Failure to cooperate with the Inspector
General or interference or impeding any investigation shall be in violation of Ordinance 2009-M, and punished
pursuant to Section 125.69,Florida Statutes,in the same manner as a second degree misdemeanor.
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Agreement No.17 204B -8-
ARTICLE 29-NOTICE
29.1 Any notice, demand, communication, or request required or permitted hereunder shall be in writing and
delivered in person or sent by certified mail,postage prepaid as follows:
As To AUTHORITY
Solid Waste Authority of Palm Beach County,
7501 North Jog Road
West Palm Beach, Florida 33412
Attention: Mark Eyeington,Chief Operations Officer
Office No.: 561-640-4000 Ext.4513 Fax No.: 561-640-3400 E-Mail: meyeington@swa.org
As To CONTRACTOR
Phillips and Jordan, Inc.
10201 Parkside Drive,Suite 300
Knoxville,TN 37922
Attention: J. Patrick McMullen, President
Office No.: 865-688-8342 Fax. No: 865-392-3090 E-Mail: pmcmullen0pandi.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 directed may be made from time to time by either party by written
notice to the other party. Facsimile transmission is acceptable notice effective when received, however,
facsimile transmissions received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will be deemed
received on the next business day. The original of the notice must additionally be mailed as required herein.
29.3 Nothing contained in this Article shall be construed to restrict the transmission of routine communications
between representatives of CONTRACTOR and AUTHORITY.
ARTICLE 30-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 key personnel changes which might affect this Agreement.
Notification shall be made within ten (10) days of said changes. AUTHORITY has the right to reject 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.: 865-776-8919 Email: ialenn�pandi.com
Wayne Floyd, Director of Disaster Services
Office No.: 865-688-8342 Cell No.:919-369-4685 Email: wfloyd@aandj.com
J. Patrick McMullen, President
Office No.: 865-688-8342 Cell No.: 865-392-3053 Email: pmcmullen@pandi.com
Agreement No. 17-204B -9-
ARTICLE 32-SMALL BUSINESS ENTERPRISE(SBE)
The Governing Board of the AUTHORITY has set 151/16 as the AUTHORITY'S goal for small business participation in
contracts and purchases. 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 to 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,
subcontractors,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 to F.S. 215A73. If the AUTHORITY determines, using credible
information available to the public, that a false certification has been submitted by CONTRACTOR, this
CONTRACTOR may be terminated and a civil penalty equal to the greater of$2 million or twice the amount of this
Agreement shall be imposed,pursuant to F.S.287.135.
ARTICLE 34-AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES
34.1 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.
34.2 The Agreement in no way restricts or interferes with any State Agencyor Political Subdivision of the State of
Florida from re-solicitation.
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 result of being the successful CONTRACTOR,and no language in the contract
should be construed or interpreted as creating a third party beneficiary.
ARTICLE 36-CONFIDENTIALITY
No reports,information,computer programs,documentation,and/or data given to,or prepared or assembled by the
CONTRACTOR under this Agreement shall be made available to any individual or organization by the
CONTRACTOR without prior written approval of the AUTHORITY.
ARTICLE 37-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 adjusted by the average monthly percentage change over the twelve
(12) month period ending the May immediately preceding the date for which 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 204E -10-
37.3 Fifty(50)percent of the price will be adjusted by the percentage change in the Average Hourly Earnings of
Production Workers(Series ID CEU2000000008)as published by the Bureau of Labor Statistics of the U.S.
Department of Labor over the one year period ending 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 shall mutually agree to a
replacement index. The value of the adjustment will be determined bythe 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 Committee ranking,as best meets the needs of the AUTHORITY. The AUT HORITY reserves the sole right
to assign/reassign any or all CONTRACTORS at any time as may be deemed appropriate depending upon the
ciicumstance(s),the event,or any other condition which maywarrant such action.
ARTICLE 39-TASK ORDERIPERFORMANCE
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 AUTHORITY. Performance will be measured by the metrics established in
each Task Order. After 1/3 and again after 2/3 of the stipulated number of days of work in the Task Order have
elapsed, the CONTRACTOR(s) shall provide a written progress report to the AUTHORITY for review and
acceptance. The AUTHORITY shall have the right to correct for CONTRACTOR default or underperformance by
any means it deems in its best interest. CONTRACTOR will be required to provide a daily report of quantity of work
performed under each Task Order.The defy report shall be submitted by 11:00 a.m.or earlier the following morning.
ARTICLE 40-BONDS
CONTRACTOR shall maintain a Proposal Bond in the sum of$500,000.The CONTRACTOR'S Proposal Bond will
be returned to the CONTRACTOR in exchange for and acceptance of an appropriate size bond as determined bythe
AUTHORITY 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 IVwould require an$8,000,000 Bond,
and a Category V would require a $10,000,000 Bond.The Bond required vauld 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 until the Performance and Payment Bond is submitted to
and accepted by the AUTHORITY. If the CONTRACTOR fails to supply a Performance and Payment Bond, the
AUTHORITYshall be entitled to retain the Proposal Bond to rectifythe CONTRACTOR'S unacceptable performance.
Pending successful annual CONTRACTOR re-certification,the Proposal Bond shall be in effect for the entire term of
the Contract except for the pedod(s)of time when a Performance and Payment Bond is in effect.
ARTICLE 41-BUY AM ERICA REQLAREMENTS
The CONTRACTOR agrees tD 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 Exhibit H,which is attached hereto and incorporated by reference as part of this Agreement.
CONTRACTOR shall provide a certification statement regarding the origin of all materials or products covered under
the Buy America provisions and used in its performance of the Agreement in accordance with the requirements of
law and the 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 Article 32 of the Agreement The Agreement is subject to the requirements
of 49 CFR Part 26. The CONTRACTOR shall not discriminate on the basis of race,color,national origin,or
sex in the performance of the Agreement The CONTRACTOR shall cant'out the applicable requirements
of 49 CFR Part 26 in the award and administration of this U.S.DOT-assisted contract. Failure by the
CONTRACTOR to carry out these requirements is a material breach of Agreement,which may result in the
termination of this Agreement or such other remedy as the AUTHORITY deems appropriate,including but
not limited to the withholding of payments. Each subcontract the CONTRACTOR signs with a subcontractor
must include the assurance in this paragraph. (See 49 CFR 26.13.) Upon request,the CONTRACTOR will
provide the AUT HORITY with a copy of each subcontract it enters into.
42.2 The CONTRACTOR is required to pay its subcontractors perfoomeng work related to this Agreement for
satisfactory performance of that work no later than thirty(30) days after the CONTRACTOR'S receipt of
payment for that work from the AUTHORITY. The CONTRACTOR may not hold any retainage from its
subcontractors unless pursuant to an agreement approved by the AUTHORITY. The CONTRACTOR shall
return all retainage payments withheld within thirty (30) days after the subcontractor's work has been
satisfactorily completed.
42.3 The CONTRACTOR shall, on a monthly basis, submit payment certifications, including a certification
regarding their truth and accuracy, for all payments it is seeking and certifications from all subcontractors
indicating who has been paid and how. The certifications shall comply with all Federal and State
requirements regarding the reporting of DBE participation. The CONTRACTOR shall, if required by the
AUTHORITY or FDOT, report its DBE participation monthly on the Equal Opportunity Reporting System
located on the Florida Department of Transportation's (FDOT) website found at
www.bipincwebams.comPoiaveb#odda/. Audits may be conducted to review payments to DBE
subcontractors.The CONTRACTOR will fully cooperate with the AUTHORITY, FDOT or FEMA regarding
the monitoring of subcontractors and payments made thereto.
ARTICLE 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 affiliates,as
defined at49 CFR 29.905,are excluded or disqualified from participation in this Agreement as defined at 49
CFR 29.940 and 29.945,
43.2 The CONTRACTOR agrees to comply with the requirements of 49 CFR 29,Subpart C throughout the term
of this Agreement The CONTRACTOR must include the requirement to comply with 49 CFR 29,Subpart C
in any lower tier covered transaction it enters into. CONTRACTOR'S certification is a material
representation of fact relied upon by the AUTHORITY. If it is later determined that the CONTRACTOR
knowingly rendered an erroneous certification, in addition to remedies available to the AUTHORITY, the
State or Federal Government may pursue any available remedies,including but rat limited to suspension
and/or debarment. The CONTRACTOR further agrees that it will include a provision requiring such
compliance in all of its subcontracts or lower tier covered transactions.
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,expenses,and costs incurred in estimating and performing the Agreement for
at least five (5)years after completion or termination of this Agreement or FDOT's closure of an"emergency
event" with the Florida Division of Emergency Management whichever comes last, except in the event of
litigation or settlement of claims arising from the performance of the Agreement,the CONTRACTOR agrees
to maintain said records until all litigation,claims,appeals or exceptions related thereto have been resolved.
Agreement No.17 204E -12-
The records shall be maintained at a location in Palm Beach County, Florida or such other location in
Florida approved bythe AUTHORITY.
44.2 The CONTRACTOR shall make all of its books, records,and otherdocuments related,in any mannerto its
or its subcontractors' performance of the Agreement, available to the AUTHORITY and any other funding
entity(e.g.,FDOT,FEMA,the Comptroller General of the U.S.or any of their authorized representatives)for
the purpose of examination,audit, reproduction,excerpts and transcripts,during normal business hours,at
the CONTRACTOR'S place of business or if CONTRACTOR'S place of business is not located in Palm
Beach County,then at the location for maintenance of records referenced above.The CONTRACTOR shall
also require its subcontractors to make their books, records and documents available for examination,audit,
reproduction,excerpts,and transcripts,for the same duration and in the same manner,and at or near the
same locations required herein of CONTRACTOR.
ARTICLE 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 will comply and fully cooperate with the AUTHORITY
and any State and/or Federal funding agency(ies), including but not limited to FDOT, Florida's Auditor General,
FEMA, or any of their authorized representatives, in any audit or monitoring procedures or processes any such
entiVies)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 FEMA so as to assure that all activities
related to the performance of this Agreement comply with the requirements of the National NEPA of 1969, as
amended,and the regulations and guidance related thereto.
ARTICLE 47-AMERICANS WITH DISABILITIES 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 VI,TITLE VII AND OTHER
FEDERAL LAWS AND REGULATIONS
The CONTRACTOR does hereby represent and certify that it will comply with all the requirements imposed by Title
VI of the Civil Rights Act of 1964 and Tile VII of the Civil Rights Act of 1968,as they have been and may be modified
from time to tine (42 USC 2000d, et. seq. and 3601 etseq.), and the Age Discrimination and Employment Act of
1967 and Section 303 of the Age Discrimination Act of 1975,as amended(42 USC 6102),and all applicable Federal
laws and regulations,policies,procedures and directives of the U.S.DOT,FEMA,and/or other Federal-aid agencies,
as they may be promulgated and amended from time to time.
ARTICLE 49-CONTACT LABOR PROHIBITION
The CONTRACTOR does hereby represent and certify that it will comply with the convict labor prohibition in 23
U.S.C.114,and all implementing regulations thereto.
Agreement No.17 204B -13-
In Witness Whereof,the Solid Waste Authority of Palm Beach County, at a regular meeting thereof, by action of the
AUTHORITY Board authorizing and directing the foregoing be adopted, has caused these presents to be signed by
its Executive Director, and Phillips and Jordan, Inc. has executed this agreement all as of the day and year first
above written.
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY:
Witness:
1. s
Mark Hammond
Executive Director
2.
Approved as to Form and Legal Sufficiency.
Ger ra avnsel to the Authority �O`' 0
- Qt
ro S�qC
PHILLIPS AND JORDAN,INC.. CAROL..•O�y\��
% \`\.
Attest:
L 7 By
Corporate Secretary
(Corporate Seal)
Witness: Name:
Title:
2. c?A '
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 shall remove and lawfully dispose of disaster-generated debris (other than hazardous
materials and household putrescble garbage)from prthlic property and public right-o�meys,and to setup and
operate Temporary Debris Sites in Palen 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-generated
debris from a large area in a timely and cost-effective manner 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 efforYcompletion dates of all tasks will be determined jointly by
the AUTHORITY and CONTRACTOR. This determination will be set in writing in appropriate T ask Order(s).
C. The CONTRACTOR shall perform 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 accomplished.
D. The CONTRACTOR may be required,at the AUTHORITY'S discretion,to be underthe direction of an agentof
the AUTHORITY.
E. While intended to cover debris management needs in any major disaster scenario,the primary focus is on the
threat of hurricane damage to Palm Beach County,Florida. The planning standards used for this project are
based on the anticipated Impacts of a named storm event or major flood impacting Palm Beach County,
Florida.
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 property 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 needs of the AUTHORITY. The AUTHORITY reserves the sole right to
assign/reassign any or all CONTRACTORS at any time as may be deemed appropriate depending upon the
circumstance(s),the event,or any other condition which may warrant such action.
C. The AUTHORITY envisions the need for multiple Agreements to carry out the debris removal and disposal
work throughout Palen Bench County. The CONTRACTOR must have the experience and capability to
manage a major vwrkforce with multiple subcontractors and to cover the expenses associated with a major
recovery operation prior to the initial AUT HORITY 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 netwrk 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 will accrue to the CONTRACTOR unless and until the Agreement is activated either in
anticipation of a natural disaster or Immediately after such disaster.
E. The CONTRACTOR will be required to participate in certain AUTHORITY directed disaster recovery training
and/or exercises,1 to 2 days each year,at no cost to the AUTHORITY.
F. The AUTHORITYdoes 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 natural
disaster. The CONTRACTOR must be aware that it might not be possible to initiate operations in all 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 Depa►lment of Engineering and Pubic Works. The AUTHORITY'S
Emergency Management Coordinator will directthe debris removal and disposal operations.
b. Each CONTRACTOR will serve as a General CONTRACTOR for the purpose of debris removal and
disposal operations, and will be able to use his/her own and subcontractor resources to meet the
obligations of the Agreement It is anticipated 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 to activate the Agreement(s). Debris removal will generally
be limited to debris in, upon, or brought to county residential private and public streets and roads,
right-of-ways, municipal properties and facilities, and other public sites (this includes debris from
customers assessed for residential solid waste and recycling collection services by the AUTHORITY).
The CONTRACTOR will be responsible for determining the method and mariner of debris removal
and lawful disposal operations,consistentwith the AUTHORITY'S Debris Management Plan.Disposal
of debris will be at AUTHORITY approved Temporary Debris Sites or landfill 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 Imminent, the AUTHORITY will initially send out an Alert to the
selected CONTRACTOR(S). This Alert will serve to activate the lines of communication between the
CONTRACTOR representatives and the AUTHORITY. Subsequently,the AUTHORITY will issue the
first Task Osier which will authorize the CONTRACTOR to send an Operations Manager to the
AUTHORITY within 24 hours of receiving such Task Order to begin planning for the operations and
mobilang the personnel and equipment as necessary to perform the stipulated uwrk. This first Task
Order will also direct the CONTRACTOR to execute the required Performance and Payment Bond.
The CONTRACTOR should anticipate receiving this first Task Order 24 to 72 hours before projected
landfall of a hurricane. Depending on the nature of the storm and circumstances the AUTHORITY
may activate more than one(1)CONTRACTOR.
Agreement No.17 204B -16-
EXHIBIT A
e. The general concept of debris removal operations includes multiple,scheduled passes of each site,
location,or right-of-way. This will allow residents to return to their properties and bring debris to the
private and pubic right-of-way as recovery progresses. The AUTHORITY will prescribe the specific
schedule to be used after ascertaining the scope and nature of the disaster's impacts.
f. The AUTHORITY will 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 will be identified as needed.
g. The CONTRACTOR will operate the Temporary Debris Sites and only CONTRACTOR vehicles and
others specifically authorized by the AUTHORITY will be allowed tD use the sites. Onlyone(1)level
of subcontractor will be allowed to operate the sites. There will be no multi-tiered subcontractors(sub
of a sub)allowed to operate temporary debris sites. The CONTRACTOR is responsible for all activity
at temporary debris sites operated by their subcontractor and must have an employee on site at all
times to oversee daily operations. The locations of publicly owned sites currently under consideration
are shown on Attachment C. Additional sites (privately owned mostly) may become available as
plans develop.
h. The AUTHORITY may also establish designated homeowner drop-off sites. The CONTRACTOR will
be responsible for removing all eligible debris from those sites daily at the direction of the Emergency
Management Coordinator or designee.
L Curbside segregation of debris and disaster-generated or related wastes will be an element of the
AUTHORITY'S disaster recovery program. The debris removal and disposal CONTRACTOR will be
required to aid in the segregation and waste stream management processes. Any Household
Hazardous Waste (HHW) encountered by the debris removal CONTRACTOR is to be set aside.
HHW disposal will be the responsibilityof the resident. The AUTHORITYwill designate HHW drop-off
locations.
j. The following items are considered HHW for the purpose of this Agreement
• Used Oil
• Batteries
• Paint
• Aerosol spraycans
• Pesticides
• Antifreeze
• Fluorescent light bulbs
• Propane tanks(household size)
k. The CONTRACTOR will setup a lined containment area and separate any HHW inadvertentiy
delivered to aTemporary Debris Site.
I. Commercial and industrial hazardous waste such as chemicals, gas containers,transformers, and
any other form of hazardous or toxic matter will be set amide for collection and disposal by a
Hazardous Materials Removal and Disposal Contractor who will be selected bythe AUTHORITY.
m. Putrescible residential garbage will be collected by AUT HORITY franchise waste hailers and is not b
be collected or transported by CONT RACTOR 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 will be negotiated. The AUTHORITY reserves the right to
extend operations on a weekly basis. Task Orders will be executed bilaterally. Performance will be by the
metrics established in the Task Order(s). After 1/3 and again after2/3 of the stipulated number of days of work
in the Task Order have elapsed, the CONTARCTOR(s) shall provide written progress report to the
AUTHORITY for review and acceptance. The AUTHORITY shall have the right to correct for
CONTRACTOR'S default or underperformance by any means it deems in its best interest.
B. The CONTRACTOR shall commence mobilization immediately upon receipt of the mobilization Task Order
meeting the folowing progress patterns:48 hours-collection activity within assigned Collection Service Area.
Within ten(10)calendar days CONTRACTOR shall have 100%of all necessary equipment operating within all
Collection Service Areas. This represents a minimum response schedule and does not restrict an earlier
response. Subsequently,the AUTHORITY may issue additional Task Orders to define more precisely the work
to be accomplished or to authorize additional work. The CONTRACTOR shag perform in accordance with
each Task Order in all designated Collection Service Areas established by the AUTHORITY. Each Task Order
will be uniquely and sequentially numbered.
C. The CONTRACTOR is authorized to collect debris during daylight hours, seven (7) days per week. Any
deviations from this schedule will require AUTHORITYapproval.
D. The CONTRACTOR must be duly licensed to perform the work in accordance with the State of Florida
statutory requirements. The CONTRACTOR shag obtain all permits necessary to complete the work.The
CONTRACTOR shall be responsible for determining what permits are necessary to perform under the
Agreement Copies of all permits shall be submitted to the AUTHORITY Emergency Management Coordinator
prior to issuance of the first Task Order.
E. The quantityof work required to complete the Agreement is estimated. The actual effort required may be more
or less than the estimated amount shown in the RFP No. 17-204/SLB. 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 verified by the AUTHORITY Emergency Management Coordinator in the daily
operational report. Should hourly rates be used to pay for certain equipment then preventative maintenance,
not in excess of fifteen (15)minutes in a normal workday,will be pad at the regular hourly rate. Preventative
maintenance or down time resulting from equipment failure, routine maintenance and fueling that exceeds
fifteen(15)minutes will be considered unacceptable work and non-payment of that time will be rounded off to
the half hour of all hours where delays occur. Preventative maintenance is defined as the usual field
maintenance to keep equipment in operating condition without the use of extensive shop equipment Fueling
of equipment will be considered as part of preventative maintenance.
F. The CONTRACTOR shall be responsible for correcting any notices of violations issued as a result of the
CONTRACTOR'S or any subcontractor's actions or operations during the performance of this Agreement
Corrections for any such violations shall be at no 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 personnel to the AUTHORITY that shall
include name,phone number,cellular phone number and email address. The CONTRACT OR and its agents
shall respond in a timely manner to all AUTHORITYinquiries 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 Debris Site Operations which includes daily operations as well as reclamation of the site to its
pre-storm condition or as directed by the AUTHORITY Emergency Management Coordinator.
• Processing,Loading and Hauling Material from Temporary Debris Site to final 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 after any catastrophic disaster within Palm Beach County. The AUTHORITY
intends to designate zones for collection and disposal of debris. CONTRACTORS will be
tasked with a service area(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 including labor and operator.
5.1.2 Services
a. The CONTRACTOR shall provide equipment, operators and laborers for debris removal
operations. The CONTRACTOR shall provide all labor and materials necessary to fully
operate and maintain (including fuel, oil, grease, and repairs) all equipment under this
Agreement.
b. All rates are to include the cost of protective clothing (to include hardhats and steel-toed
boots),fringe benefits,hand tools,supervision,transportation,lodging and all othercosts.
c. The work shall consist of clearing and removing disaster generated debris as directed by the
AUTHORITY Emergency Management Coordinator.CONTRACTOR shall provide collection
equipment the day following a natural disaster or as directed by the AUTHORITY and shall
provide equipment sufficient to collect a minimum of 50,000 cubic yards of debris per day
within ten (10) calendar days of collection commencement (Past AUTHORITY natural
disaster cleanup records show that ten (10)days' following disaster,95,000-126,000 cubic
yards of debris was collected per day). Failure to provide sufficient equipment necessary to
collect required amount may result in the AUTHORITY entering into a separate agreement
with anothercontractorforcollection services.
5.1.2.1 Collection of Storm Generated Residential Vegetation and Construction and
Demolition Debris
I. It is the AUTHORITYS goal to ensure that Vegetation and Construction/Demoltion
debris remain separate task orders for the collection of Vegetation and Construction
loads. Mixing of loads by the CONTRACTOR at the road right of way will not be
tolerated.
Agreement No.17 204E -19-
EXHIBIT A
ii. Work mayinclude:
• First pass to clear debris from emergency evacuation routes,access
roads to critical facilities and all primary roadways.
• Clearing debris from residential private and public road right of ways.
• Loading the debris.
• Hauling the debris to an approved Temporary Debris Site or an
authorized landfill.
• Dumping the debris atthe Temporary Debris Site oratan 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.
5.1.2.2 Hourly Rate Clearing
I. From 0 70 hours Mowing a disaster CONTRACTOR, as designated by the
AUTHORITY,shall provide theclearing services on an hourly rate that shall include
the following:
• Clear debris from emergency mac uation routes,access roads to critical
facilities,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 sites.
ii. The CONTRACTOR shall not move from one designated Collection Service Area b
another area without prior approval from the AUT HORIf Y Emergency Management
Coordinator or designee. CONTRACTORS and/or subcontractors that move to a
designated Collection Service Area without prior AUTHORITY approval may be
terminated immediately. The AUTHORITY reserves the right to relocate
CONTRACTOR to other Collection Service Areas based on need and ability to
perform required work at an acceptable level. The AUTHORITY reserves the right
to immediately terminate CONTRACTOR and any subcontractor who fails b
provide service in accordance to guidelines set forth by FEMA and the
AUTHORITY.
iii. The AUTHORITY or designee shall forward al claims of damage to the
CONTRACTOR daily. CONTRACTOR shall provide all contact information,
including name, phone number, cellular phone number, fax number and emal
address, for personnel responsible for resolving all claims of damage.
CONTRACTOR must respond to all claims of damage within 24 hours and resolve
within ten (10)calendar days. Mailboxes must be repaired or replaced within two
(2) calendar days. CONTRACTOR is responsible for all damage caused by his
crew and/or subcontractors in the performance of debris removal
iv. In the event the CONTRACTOR fails 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 responsibility will be presented to the
Emergency Management Coordinator or designee for review. The decision of the
Emergency Management Coordinator or designee will be final.
Agreement No.17 204B -20-
EXHIBIT A
5.1.3 Equipment
a. All trucks and equipment must be in compliance with all applicable federal,state,and local
rules and regulations. Trucks used to haul debris must be capable of rapidly dumping their
load without the assistance of other equipment, be equipped with a tailgate that will
effectively contain the debris during transport that will permit the tricks to be filed b
capacity. Cyclone fence may be used as temporary tailgates if they comply with the
following specifications:
• Fencing must be pemnanently attached to one side of the truck bed.
• After loading,the fencing must be tied to the other side of the truck bed at two
places with heavy gauge wire.
• Fencing must extend to the bottom of the bed.
• After loading,bottom of fencing shall be tight against the bed of the truck and
secured at a minimum of two locations.
• Solid iron metal bars must be secured to both sides of the fencing.
• There shall be no hand loaded equipment allowed.
b. The AUTHORITY or designee gall complete certifications indicating the type of vehicle,
make and model, license plate number, equipment number, and measured maximum
volume, in cubic yards, of the load bed of each piece of equipment utilized to haul debris.
The measured volume of each piece of equipment shall be calculated from actual internal
physical measurement performed and certified by the CONTRACTOR. Maximum volumes
may be rounded up to the nearest cubic yard. The reported measured maximum volume of
any load bed shall be the same as shown on the placards affixed to each piece of
equipment The AUTHORITY reserves the right to re-measure trucks and trailers at any
time to verify reported capacity. If a truck and/or trailer are re-measured and the yardage
capacity is determined to be lower,the lower yardage volume will be retro to the initial bad
and total volume adjusted accordingly.
c. All trucks and trailers utilized in hauling debris shall be equipped with a tailgate that will
permit the vehicle to be loaded to capacity and effectively contain the debris on the vehicle
while hauling. If installed, all sideboard extensions must remain in place throughout the
operation,or the vehicle must be re-measured and remarked. All extensions to the bed are
subjectto acceptance or rejection bythe AUTHORITY Inspector.
d. Trucks or equipment designated for use under this Agreement shall not be used for any
other work during working hours. The CONTRACTOR shall not solicit work from private
citizens or others to be performed in the designated Collection Service Area during the
period of this Agreement Under no circumstance will the CONTRACTOR mix debris hauled
for others with debris hauled under this Agreement Failure to comply will result in no
payment to CONTRACTOR and operator and vehicle will be declared ineligible to provide
any additional emergency debris collection services. Any and all unapproved changes to
placard will result in no payment to CONTRACTOR and operator and vehicle will be
declared ineligible to perform anyadditional emergency debris collection seances.
5.1.4 Securing Debris
The CONTRACTOR shall be responsible for properly and adequately securing debris on each
piece of equipment utilized to haul debris. Prior to leaving the loading site,the CONTRACTOR
shall ensure that each load is secure and trimmed so that no debris extends horizontally beyond
the bed of the equipment in any direction. All loose debris shall be reasonably compacted during
Agreement No.17 204E -21-
EXHIBIT A
loading and secured during transport. Tarps or other coverings shall be provided by the
CONTRACTOR to prevent materials from falling or being blown from the bed. Loads not properly
tarped or otherwise covered will not be allowed to dispose at any AUTHORITY approved
temporary debris site which may result in non-paymentto CONTRACTOR.
5.1.5 Equipment Signage
Prior to commencing operations, the AUTHORITY or designee shall affix to each piece of
equipment, signs or markings indicating the Owner Operator's name and a unique equipment
identification number.One sign shall be placed on each side of the equipment For those trucks,
trailers and other equipment intended to haul debris,the maximum volume,in cubic yards,of the
load bed shall also be shown. Each operator shall keep AUTHORITYcertification with them atal
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 to serve as the principal liaison between the
AUTHORITY Emergency Management Coordinator or designee and the CONTRACTOR'S
forces. The assigned OM must be knowledgeable of all facets of the CONTRACTOR'S
operations and have authority in writing to commit the CONTRACTOR. The OM shall be on
call 24 hours per day,seven (7)days per week and shall have electronic linkage capability
for transmitting and receiving relevant contractual information and make arrangements for
onsite accommodations. This linkage shall provide immediate contact via cell phone, Fax
machine, and have Internet capabilities. The OM will participate in daffy meetings and
disaster exercises, functioning as a source to provide 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 wall be required to be physically
capable of responding to the AUT HORITY Emergency Management Coordinator within 30
minutes of notification.
b. The CONTRACTOR shall be responsible for control of pedestrian and vehicular traffic in the
work area.At a minimum,one flag person should be posted at each approach to the work
area.
c. The CONTRACTOR shall supervise and direct the work, using skilled labor and proper
equipment for all tasks. Safety of the CONTRACTOR'S personnel and equipment is the
responsibility of the CONTRACTOR. Additionally, the CONTRACTOR shall pay for all
materials,personnel,taxes,and fees necessaryto perform under the terms of this contract.
d. Payment for debris hauled will be based on the quantity of debris hauled in cubic yards.
Debris hauled to a Temporary Debris Site will require a validated bad ticket Drivers will be
given an electronic or paper bad tickets at the loading site by an ALIT HORITY loading site
monitor. The quantity of debris hauled will be estimated in cubic yards at the Temporary
Debris Site by an AUTHORITYTemporary Debris Site monitor. The estimated quantity will
be recorded on the electronic orpaper load ticket The AUT HORIT Y Temporary Debris Site
monitor will retain one copy of the paper load ticket and the driver will retain the remaining
copies of the bad ticket Debris being hauled to a permanent landfill will 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 ticlaets
and/or scale tickets match. Load tickets not properly completed and signed will not be paid.
Agreement No.17 204B -22-
EXHIBIT A
5.2 Temporary Debris Site Operations
5.2.1 General
a. The purpose of this section is to define the requirements for Temporary Debris Site
Operations after anycatastrophic disasterwithin Palm Beach County.
b. The CONTRACTOR shall use only Temporary Debris Sites designated by the AUTHORITY
Emergency Management Coordinator.
c. The Temporary Debris Site foreman shah direct all dumping operations. Different types of
debris shah be laept in separate pies at the Temporary Debris Site. At a minimum,one flag
person shah be posted 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 sorting and proper placement of all loads not dumped in appropriate location
which results in mixing the once separated debris at nocharge to the AUTHORITY.
d. The CONTRACTOR shall begin grinding vegetative debris within five (5)calendar days of
temporary debris site opening data and removing mulch/wood chips within ten(10)calendar
days of site opening date. The CONTRACTOR shall begin removal of Construction and
Demohtionknixed debris from Temporary Debris Site to an approved final destination within
five(5)days of site opening date.
5.2.2 Temporary Debris Site Services
5.2.2.1 Site Setup/Preparation
Site setup/preparation shall be compensated on a time 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, hauling, fill placement,
constructing/deconstructing processing pads, limerock or crushed concrete access
roads,sodding,and any other similar activity necessary to make the site usable for its
intended purposes.
5.2.2.2 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 specified by Task Order. Unit prices provided in the Fee
Schedule, Exhibit B,shall include all labor and materials necessary to fully operate
and maintain (including fuel, oil, grease, repairs, operator, mobilization,
demobilization, overhead, profit, lodging and insurance) all equipment under this
Agreement Each Inspection Tower shall be equipped with two a)portable toilets.
Toilets shall be provided immediately upon completion of tower assembly.
CONTRACTOR shall provide a water truck for the purpose of applying to site
surface to minimize dust. The AUTHORITY shall provide a front-load garbage
container and collection service of the container at each Temporary Debris Site.
CONTRACTOR shall be responsible for cleaning up all trash and litter generated on
the site from daffy operations and depositing into the container for collection. The
entrance roadway and surrounding area within%mile of the site's entrance shall be
Agreement No.17 2048 -23-
EXHIBIT A
cleaned daily by the CONTRACTOR. All pre-storm identified sites shall be opened
by the CONTRACTOR within three(3)calendar days after receiving approval from
the AUTHORITY to operate the debris site. Failure to open sites with proper
equipment and necessary personnel will result in liquidated damages of$10,000
per day. All rates shall include the cost of protective clothing (to include hardhats
and steel-toed boots), fringe benefits, hand tools, supervision, transportation,
lodging,and any other costs. The work shall consist of managing the operations of
a Temporary Debris Site and performing debris reduction by air curtain incineration
and/or grinding of storm generated debris as directed by the AUTHORITY
Emergency Management Coordinator.
ii The AUT HORITY plans to use two types of Temporary Debris Sites.
• Vegetative Temporary Debris Sites will be devoted to the reduction of clean
woody debris by either burning or grinding. The AUTHORITY expects the
material to be recycled and or beneficialyre-used if processed bygrinding.
• Depending upon the size and We of devastation the AUTHORIrYmay 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 coming into the Vegetative or C&D Temporary Debris Sites will be
measured and paid for by the cubic yard according to the Fee Schedule,Exhibit B.
Material removed and transported from a C&D Temporary Debris Site will be
measured and paid bythe cubic yard according to the Fee Schedule,Exhibit B.
iv. Locations of all Temporary Debris Sites will be approved by the AUTHORITY.The
AUTHORffY 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 Site by either grinding or burning will be
measured using cubic yards from incoming load tickets. Material entering a Debris
Management Site will be deposited in manageable piles.
52.3 Reporting
a. The CONTRACTOR shall submit a report to the AUTHORITY Emergency Management
Coordinator or designee by close of business each day of the term of the Task Order. Each
report shall contain,at a minimum,the following information:
• Contractor's Name
• Contract Number
• Daily and cumulative hours for each piece of equipment,ifappropriate
• Daily and cumulative hours for personnel,by position,ifapprop►iate
• Volumes of debris handled
b. Failure to provide audit quality information by 5:00 p.m.of the folowing day of operation will
subject CONTRACTOR to non-payment in each instance at the sole discretion of the
AUTHORITY.
Agreement No.17 204E -24-
EXHIBIT A
5.2.4 Other Considerations
a. The CONTRACTOR shall supervise and direct the work, using skilled labor and proper
equipment for all tasks. Safety of the Contractors personnel and equipment is the
responsibility of the CONTRACTOR. Additionally, the CONTRACTOR shall pay for all
materials,personnel,taxes,and fees necessaryto perform u rider the terms of this contract
b. The CONTRACTOR shall be responsible forcontrol 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 liquidated damages in
the amountof$25,000.00 per day for everydaythe site has to remainclosed.
5.2.5 Debris Clearance(for access)from Right-of-Ways and Public Property
a. The AUTHORITY provides support to Palm Beach County Government for Debris
Management, including the clearance (moving debris from the middle of the road, etc.) of
debris from right-of ways and public property. Palm Beach County intends to perform debris
clearance for access with its own forces or under existing contractual Agreements between the
County and local firms. However,in a significant disaster,these resources may be insufficient
to perform the clearance activities in a 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 Hauling Material
a. CONTRACTOR shall provide 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
to contract with other firms to process, load and haul wood chips and construction and/or mixed
debris to a final destination as may best meet the needs of the AUTHORITY. Al wood chips,
construction and/or mixed debris shall be disposed of in accordance with all Local, State of Florida
and Federal guidelines.
b. CONTRACTOR will provide detailed listing to the AUT HORITYof the following:
1. Quantity(loads and cubic yards)
2. Owner information
3. Site where muioh and Construction/Demolition debris is disposed,to include
address/GPS location.
6. MISCELLANEOUS REQUIREMENTS
6.1 Temporary Debris Site Foreman
a. The Temporary Debris Site foreman must be an employee of the CONTRACTOR and is responsible
for management of all operations of the site to include, traffic control, dumping operations,
segregation of debris,burning,grinding,and safety.
b. The Temporary Debris Site foreman will be responsible for monitoring and documenting equipment
and labor time and providing the daiyoperational report to the ALIT HORITY Emergency Management
Coordinator or designee.
Agreement No.17 204B -25-
EXHIBIT A
6.2 Temporary Debris Site Night Foreman
a. The Temporary Debris Site night foreman must be an employee of the CONTRACTOR and is
responsible formanagng all nightoperations approved 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 Management 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 following 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,grinding operation(if required). Buming operations
require a 1004botclearance from the stockpile and a 1000-footc lea rarice from structures
• Location of existing structures or sensitive areas requiring protection
6.4 Inspection Tower
The CONTRACTOR shall construct an inspection tower at each Temporary Debris Site within three (3)
calendar days of natural disaster. The tower shall be constructed using pressure treated wood or steel '
scaffold. The floor elevation of the tower shall be 10-feet above the existing ground elevation. The floor
area shall be a minimum 8'by 8',constructed of 2"x 8"joists, 16"O.C.with 3/4"plywood supported by a
minimum of four 6"x 6"posts. A 4-1oot high wall constructed of 2"x 4"studs and Y2"plywood shall protect
the perimeter of the floor area. The floor area shall be covered with a roof. The roof shall provide a
mnhum of 6'-6"of headroom below the support beams. Steps with a handrail shall provide access to the
tower. Inspection towers must provide a dryarea for employees and meet all FEMA OSHA requirements.
6.5 Grinding 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 damages of
$10,000 per day. There shall be no period longer than 24 hours in which grinding activity may stop due la
equipment or operational failure. Failure to provide back-up equipment within 24 hours shall result in a
$2,000 fine per hour per approved hours of grinding operation per day until grinding activity resumes.
6.6 Household Hazardous Waste Containment Area
The CONTRACTOR shall construct a hazardous material containment area at each Temporary Debris
Site. The area shall be 30'x 30'. The perimeter shall be lined with hay bales and staked in place. The
area shall be lined with a heavygage plastic to provide a waterproof barrier. Additional plastic suificientto
cover the area is required to prevent rain from entering the containment area. Site run-off must be
redirected from the containment area bysite grading.
Agreement No.17 204B -26-
EXHIBIT A
7. PERFORMANCE OF CONTRACTOR
A It is the intent of this Agreement to ensure that the CONTRACTOR provides a quality level of services. To this
end, all complaints received by the Emergency Management Coordinator or designee, and reported to the
CONTRACTOR shall be promptiyresolved pursuantto the provisions of this Agreement.
B. The Emergency Management Coordinator or designee may levy administrative charges for the following
infractions:
1. Failure to open pre-storm identified sites within three(3)calendar days of after being tasked by
the AUT HORff Y liquidated damages of$10,000 per day for each day not opened.
2. Closure of Temporary Debris Site due to CONTRACTOR equipment or operational failures
liquidated damages of$25,000 per day,for each day site must remain closed.
C. Failure to provide back-up 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 for each of the following
infractions:
1. Failure to provide audit quality information by5:00 p.m.of the following day of operation.
2. Loads not properlytarped or otherwise covered.
3. Mipng debris hauled from other sources with debris hauled under this Agreement
4. Mi)dng vegetation debris with C&D material.
E. CONTRACTOR maybe immediately terminated and not paid for the following:
1. Collection of any non-eligible,non-AUTHORITY approved stumps or debris.
2. Moving to another designated Collection Service Area without prior AUTHORITYapproval.
3. Failure to provide service in accordance to guidelines set forth byFEMAand the AUTHORITY.
4. Soliciting work from private citizens or others to be performed in the designated Collection
Service Area during the period of this Agreement
5. Alteration of placards placed on certified trucks and/or trailers.
F. Any disputes regarding Performance of Contractor will be presented to the Emergency Management
Coordinator or designee for review. The Emergency Management Coordinator or designee shall complete
review and make determination within three (3) calendar days. Decisions of the Emergency Management
Coordinator or designee shall be final.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
Agreement No.17 204E -27-
Phillips and Jordan,Inc. EXHIBIT B
FEE SCHEDULE
VOLU IE BASED PRICING FOR 3,000,000 CUBIC YARD(CY)DEBRIS DISASTER
ITEWDESCRIPTION ESTIMATED UNIT PRICE EXTENSION
QUANTITY PER CY
1.0 Public Property and Right of 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/Mixed Debris 500,000 cY $9.25 $4,625,000.00
2.0 Temporary Debris Site operation to include placement of
monibring bwers,portable bilels,keeping on-site and 3,000,000 cY $1.75 $5,250,000.00
adjacent roads area clean of trash and garbage,debris
acceptance,pile management and phase I reclamafon.
3.0 Processing of debris through grinding and/orchipping. 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 ofsposal cost)
5.0 Volume reduction through aircurtain incineration. 2,500,000 cY $1.50
6.0 Loading and hauling ofconstrucfon debris and/or mixed
debris from Temporary Debris sib b a permitted C&D
recycling faciily or any oher designated Disposal
Facility. (This rate shall not incude disposal cost).Miles
from TDRS to final destination-1 way.
A 0 <_ 20 miles 500,000 CY $3.00
B. >20 s 50 miles 500,000 CY $4.75
C. >50 5 80 miles 500,000 cY $7.00
D. >80 <_ 110 miles 500,000 cY $7.50
E. >110 s 200 miles 500,000 cY $7.50
AVERAGE: (Item 6.0 A-E) $5.95
AVERAGE (Item 6.0 A-E) x 500,000 CY = $2,975,000.00
TOTAL 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 limited to: supplies,equipment maintenance,repairs,repair parts,fuels,lubricants,cellular phones,
transportation,and housing, if required, necessary to accomplish the project The quantities and distributions aie
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 204E -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 ENTITIES
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 $40.00 $130.00
Dozer,Tracked,D7 or similar $120.00 $40.00 $160.00
Dozer,Tracked,D8 or similar $180.00 $40.00 $220.00
Dump Truck,18 CY20 CY $50.00 $40.00 $90.00
Dump Truck,21CY 30 CY $60.00 $40.00 $100.00
Generator and Lighting $20.00 $20.00
Grader w/12'Blade $90.00 $40.00 $130.00
Hydraulic Excavatlor,1.5 CY $90.00 $40.00 $130.00
Hydraulic Excavator,2.5 CY $110.00 $40.00 $150.00
Knuckleboom Loader $180.00 $40.00 $220.00
Laborer w/Chain Saw -- $40.00 $40.00
Laborer w/small tools,traffic control,flag person ---- $40.00 $40.00
LowboyTrailerw/Tractor $90.00 $40.00 $130.00
Operations Manager w/Cell Phone and Pickup $15.00 $80.00 $95.00
PickupTruck,.5Ton $15.00 - $15.00
Sail Compactor 81 HP+ $80.00 $40.00 $120.00
Soil Compactor to 80 HP $70.00 $40.00 $110.00
Soil Compactor,Towed Unit $40.00 $40.00 $80.00
Truck,Flatbed $40.00 $40.00 $80.00
Tub Grinder,800 to 1,000 HP $600.00 -- $600.00
WaterTruck $50.00 $40.00 $90.00
Wheel Loader,2.5 CY,950 or similar $80.00 $40.00 $120.00
Wheel Loader,3.54.0 CY,966 or similar $100.00 $40.00 $140.00
Wheel Loader,4.5 CY,980 or similar $140.00 $40.00 $180.00
Wheel Loader-Backhoe,1.0-1.5 CY $80.00 $40.00 $120.00
Agreement No.17 204E -29-
Phillips and Jordan,Inc. EXHIBIT B
FEE SCHEDULE
UNIT COST
ITEM HAZARDOUS STUMP REMOVAL,HAULING,AND DISPOOSAL UNIT UNIT COST
1 6 inch diameter to 12 inch diameter Stump $150.00
2 13 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 Fill Dirt—Fill dirt for stump holes after removal Cy $25.00
HAZARDOUS TREE REMOVAL,HAULING,AND DISPOSAL
6 6 inch diameter to 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 diameter and 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 not qualify for FEMA assistance. This will include any disaster
event that produces smell quantities of debris.
REMOVAL,AND TRANSPORTING OF DEBRIS TO AN
APPROVED SWA DIsPOSAL/RECYCLING FACILITY
EQUIPMENT DAILY RATE
(10 HRSADAY)
Knuckleboom Loader and Operator $2,200.00
The above daily rate shall include ail associated costs(direct tabor,overhead,profit,supervision,insurance).
Agreement No.17 204E -30-
EXHIBIT C
SMALL BUSINESS ENTERPRISE(SBE)PLAN
Phillips and Jordan, Inc. is committed to the SBE Participation Plan and will make every effort to achieve the
AUTHORITY'S goal through sub-contracting to SBEs.
In response to the Request for Proposal,RFP No. 17 204/SLB, Phillips and Jordan, Inc.provided a list of certified
SBE sub-contractors who will be used on this Agreement.
H&R of Belle Glade,LLC
Contractors Support Services,Inc..
Agreement No.17 204B -31-
DEBRIS ZONES AND POTENTIAL TEMPORARY DEBRIS SITES
OE a
a Z � Indiantown Rd
Miles
0 1.25 25 5 7.5 10tp
m_
Hood Rd
0`
PGA Blvd
F - Z Mudc City Rd
r?-•�f1s w.
d Temple Blvd% tlC:L�t3
2
[Z} \ m
-Oranges Blvd-I j �:dA1��1� ', a
60th St N -
a 481A St
•• � � � o
Is—State Road 80Li�iii.7
Gator Blvd
_ State Road 80 - Blvd •
• • _ • County Road 880 tt
s Mai%'
Hill Blvd=v < m
9 Z
L�'� to
Lantana R41- f
Hypoluxo Rd
S,1 J m
j
vT:llii! GWRd-�ey .W
s C m " y
1�
cn
J1
m
? a
• • WYametoRd^�as
\ It 2_W L.Rd* 2
Palmetto Park Rd ,
Agreement No. 17-204 -Exhibit D -32-
y
EXHIBIT E
PUBLICLY OWNED DEBRIS MANAGEMENT SITES
SWA Temporary Debris Disposal Sites:
SITE LOCATION
20-Mile Bend/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 Park 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(Closed) South of Beeline Highwayon the west side of Haverhill
Road
Hooker Highway* South side of Hooker Highway approximately
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 of Seminole Pratt Whitney Road
Pahl Beach Downs Approximately%mile west of441 on West Atlantic Avenue
SWA North Jog Road Located on Jog Road,West Palm Beach
South County Regional Park Take Glades Road west of441 approxi nalely
2 miles to Ponderosa Drive and turn north to the site
Wallis Road Located on the north side of Wallis Road between Haverhill
Road and MilitaryTrall
*Private Sites used in the past.
Solid Waste Authority of Palm Beach County
Disaster Debris Removal and Disposal
Agreement No.17 204E -33-
EXHIBIT F
SOLID WASTE AUTHORITY
OF PALM BEACH COUNTY
7501 North Jog Road
West Palm Beach,Florida 33412
Telephone: 561-64OA000 a Fax: 561-640-3400
TASKORDER
DISASTER DEBRIS MANAGEMENT
TO
Task Order No.
In accordance with (Contractor)contract,with the Solid Waste Authority of
PBC, Florida, (AUTHORITY) Agreement No. 17-204B for Hurricane/Disaster Debris Removal, Reduction, and
Disposal dated the AUTHORITY hereby requests and authorizes the services to be
performed on the project as described below:
Project:
Specific Work to be performed:
Duration of Work pnclude Start Date,End Date and Total Calendar Days):
Method of Payment:
Estimated Cost of this Task Order. $
Contractor Signature: Date:
AUTHORITY Signature: Date:
SWA Use
My—
SWA Requesbr/Monibr: Dale:
SWA Dept Direcbr: Dab:
Vendor No.: Account No.: Project
Purchasing: Budget Accounting:
Agreement No.17 204B -34-
EXHIBIT G
MOBILIZATION SCHEDULE
CONTRACTOR shall commence mobilization of equipment, operators,and laborers immediately upon receipt of a
MobiizationTask Orderto meetthe 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 204B -35-
EXHIBIT H
BUY AMERICA REQUIREMENTS
Source of Supply—Steel and Iron(Federal Aid Contracts Only): For Federal-aid contracts,the Contractor will only
use steel and iron produced in the United States,in accordance with the buy America provisions of 23 CFR 635.410.
Contractor will ensure that all manufacturing processes for these materials occur in the United States. A
manufacturing process is any process that modifies the chemical content, physical shape, size or final finish of a
product, beginning with the initial melding and mixing and continuing through the bending and coating stages. A
manufactured steel or Iron product is complete only when all grinding, drilling, welding, finishing and coating have
been completed. If a domestic product is taken outside the United States for any process,it becomes foreign source
material. When using steel and iron as a component of any manufactured product incorporated into the prqect(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 all steel
and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the
Contractor uses but does not incorporate into the finished work. The Contractor shall provide a certification from the
producer of steel or iron,or any product containing steel or iron as a component,stating that all steel or iron furnished
or incorporated into the finished product was manufactured in the United States in accordance with the requirements
of this provision. Such certification shall also include: (1)a statement that the product was produced entirely within
the United States, or (2) a statement that the product was produced with the United States except for minimal
quantities of foreign steel and iron and specify the actual value of the product Each such certification shall be
furnished to the AUTHORITY prior to incorporating the material into the project When FHWA allows the use of
foreign steel on a project, Contractor shall furnish invoices to document the costs of such material,and obtain the
AUT HORITY'S written approval prior to incorporating the material into the project
Agreement No.17 204E -36-
EXHIBIT I
PERFORMANCE AND PAYMENT BOND
BY THIS BOND, WE, Inc., as Principal and
a Corporation, as Surety, are bound to the Solid
Waste Authority of Palm Beach County, hereinafter referred to as "Authority", in the sum of
Dollars(up to$10,000;000),for payment of which we
bind ourselves,our heirs,personal representatives,successors,and assigns,jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Agreement dated 20 between Principal and Authority for
Hurricane/Disaster Debris Removal, Reduction and Disposal, Agreement No. 17-204B,the Agreement being
made a part of this bond by reference,in the time and in the manner prescribed in the Agreement,and;
2. Promptly makes payment to all claimants,as defined in Section 255.05(1), Florida Statutes,supplying Principal
with labor,materials and supplies,used directly or indirectly by Principal in the prosecution of the work provided
for in the Agreement,and;
3. Pays Authority all loss, damages, expenses, costs, and attorneys fees, including appellate proceedings, that
Authority sustains because of a default by Principal under the Agreement,and;
4. Performs the guarantee of all work and materials furnished under the Agreement for the time specified in the
Agreement,and;
5. At completion of all work covered by Agreement and Final Payment by Authority to Principal then Principal will
replace this Performance and Payment Bond with a Proposal Bond, in the amount of 5%of this Performance
and Payment Bond, to be held by the Authority as a guarantee that Principal will provide to the Authority a
Performance and Payment Bond in the amount of up to $10,000,000 on the occasion of a subsequent Task
Order in accordance with the above referenced Agreement;
then this bond is void;otherwise it remains in full fiorce.
Surety shall be responsible for any and all liquidated damages imposed by the Authority for the referenced
Agreement
Agreement No.17 204E -37-
EXHIBIT I
Any changes in or under the Agreement Documents and compliance or noncompliance with any formalities
connected with the Agreement or the changes does not affect Surety's obligation under this bond. Any increase in
the total Agreement mount as authorized by the Authority shall accordingly increase the Surety's obligation by the
same dollar amount of said Increase. CONTRACTOR shall be responsible for notification to Surety of all such
changes.
See subsection(2)of Section 255.05,Florida Statutes as amended for the notice and time limitations for claimants.
Signed and sealed this day of ,20
PRINCIPAL:
By.
Signature
WITNESS: Name:
1. Tile:
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-