R11-0771
2 RESOLUTION NO. R -11 -077
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE THREE YEAR EXTENSION OF A
7 PIGGY - BACKING OF A CONTRACT BETWEEN THE
8 SOLID WASTE AUTHORITY OF PALM BEACH
9 COUNTY AND MALCOLM PIRNIE, INC., FOR
10 DISASTER DEBRIS MANAGEMENT AND SUPPORT
11 SERVICES ON AN "AS NEEDED" BASIS;
12 PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, on July 6, 2010, the City Commission approved a piggy -back of a
15 solid Waste Authority Agreement with Malcolm Pirnie, Inc., for temporary site monitoring
16 services during the 2010 hurricane season on an "as needed" basis; and
17 WHEREAS, the Agreement provided for the option of extending the Agreement for
18 three (3) additional years at the same terms and conditions which the Solid Waste Authority
19 approved doing on June 8, 2011; and
20 WHEREAS, upon recommendation of staff, the City Commission has determined
21 that it is in the best interests of the residents of the City to approve the three (3) year
22 extension of the piggy -back of the Solid Waste Authority's Agreement with Malcolm
23 Pimie, Inc., for Disaster Debris Management and Support Services on an "as needed" basis.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. Each Whereas clause set forth above is true and correct and
27 incorporated herein by this reference.
28 Section 2. The City Commission hereby approves the three (3) year extension
20 of the piggy -back of the Solid Waste Authority's Agreement with Malcolm Pirnie, Inc., for
Document in Windows Internet Explorer
i
i�
1 1 Disaster Debris Management and Support Services on an "as needed" basis.
Section 3. That this Resolution shall become effective immediately.
g. PASSED AND ADOPTED this 19 day of July, 2011.
,i
141
1�1
1�
1
1 i
s
11
20 i
2�' ATTEST:
22 YY1 A.�,L L
2 Ja et M. Prainito, MMC
2 ? ity Clerk
24' e
21;
2$ ( r al)
i(
OF
M or — J� rtguez
ice Ma or — William Orlove
Commis r Woodrow L.
Commissioner — ve o an
Commissioner — Marlene Ross
i
11111 '
Document in Windows Internet Explorer
i
I
YOUR PARTNER FOR
SOLID WASTE SOLUTIONS
MEMORANDUM
June 8,'2010
To: State Agency/Political Subdivision
From: Maciej Kadzinski, Procurement Manager 0/01ca 1'O
Purchasing Services iiii
Subject: Hurricane/Disaster Debris Removal, Reduction and Disposal
SWA Contract Nos. 07 -239, 07 -240, 07 -241, 07 -242
Disaster Debris Management & Support Services
SWA Contract No. 08 -233
This memorandum shall serve as authorization to `piggyback" any one of four (4)
Hurricane/Disaster Debris Removal, Reduction and Disposal Contracts awarded to Ashbritt,
Phillips & Jordan, Ceres Environmental and Crowder -Gulf; and/or the Disaster Debris Management
& Support Services Contract awarded to Malcolm Pirnie.
In the RFP that solicited the referenced services was the following Article:
All proposers submitting a response to this RFP agree that such response also constitutes
a response 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 RFP should the successful proposer(s) deem it in the best interest of their
business to do
The agreement resulting from this RFP in no way restricts or interferes with any State
Agency or Political Subdivision of the State of Florida from resolicitation for any or all
items specified in this RFP.
I recommend you obtain a confirmation letter from the contractor(s). You may access the contracts
through our website at www.swaorv,.
Should you have questions or require additional information please do not hesitate to contact me at
561- 640 -4000, ext. 4526.
copy: Saundra L. Brady, Director Purchasing Services
Barbara Novello, Contracts Specialist
File
7501 North Jog Road, West Palm Beach, Florida 33412 (561) 640 -4000 FAX (561) 640 -3400
A GREEMENT NO. 08-233
.... � r N •fir. %irl , � .. .,.
7 1. Effective Date ` ........... .............................. l
TABLE OF CONTENTS
A, Scope of Work ...—..—.'.._—.-------'-_'__--l5
B. Fee Schedule
---'--------.._.,..-,-_—_--,~,.,,.27
C. M/W/SBE Plan ,,,^,,,.',,,,,,__.,. .................................. 29
D. Contract Provisions ............................................................ 30
Agreement No, 08-233
]-
Services to be by ..............................
l
� .
.--�_ .�_ � ....l
~- -�..........................................
4 `
Inmmxamce..-.'~~..-.,...-,.,,..,,.,,~,....~,,.,,.-----.-'2
5 .
Standard. of Care ..................................................................
3
6.
Indemrdfication -',.,.,..,.,_----._--_-_-'-------.3
7.
Independent Contractor .......................................................
3
S .
Authority tmPrwdde.: ...........................................................
4
S\
Compliance vAth Laws ........................................................
4
lK .
~_—'-------------'----.----4
D '
Federal and State Taxes ........................................................
4
12.
Availability of Funds ...........................................................
4
13 '
................................................. 5
14.
Termination mf Agreement '_.—'--_--'_-------'5
-
15.
,
Uncontrollable Forces .......................................................... 5
16.
0overning Law and Venue .................................................. 6
17.
............................................................. 6
10 ,
Waiver ................................................ .................................. 6
19L Semexmbility
.......................................................................... 6
20 ,
EndMy of Agreement ......................................................... 8
21 .
Modification ........................................................................ 7
22.
Successors and Assigns ....................................................... 7
23.
'_-----..---'_---7
24 .
Certificate ............ ............... ............. 7
25
Ownership of Documents,,,,,,,,.,.,,.....,......,...—.—.,7
26
Ace= and Audits ..~'--.....-.---.-----------~.8
27 .
Notice ...................................................................................
8
28
Contract Administration ......................................................
@
29 .
Key Personnel .,,,....~,,,..-,....,....--.'..--.----9
30.
MinorityAVoman Business .---.9
31.
Confidentiality ---'_---,_-'__^,—_''^-__.,,._,,_...g
32.
FHWA .-------.-_.-,--.--........—..,---.---1W
A, Scope of Work ...—..—.'.._—.-------'-_'__--l5
B. Fee Schedule
---'--------.._.,..-,-_—_--,~,.,,.27
C. M/W/SBE Plan ,,,^,,,.',,,,,,__.,. .................................. 29
D. Contract Provisions ............................................................ 30
Agreement No, 08-233
AG1tES11 NT FOR "PltOFF.SSIONAL SERYIC&
�; r �AGaNay08 -Z3a�
T'hiS Agreement, between the Solid Waste Authority of Palm Beach County, a special district
created by Chapter 2001 -331, Laws of Florida, as amended, (hereinafter referred to as
AUTHORITY) and Malcolm Pirnie, Inc. (hereinafter referred to as CONTRACTOR), a`Florida
Corporation, whose Federal Employer Identification Number is 13- 2653703:.
Whereas, AUTHORITY requires disaster debris management and support services.
W wws, 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 i - EFFECTIVE DATE
The effective date of this Agreement shall be August 12, 2008.
Team of Agroen►ent,shall be for a three (3) year unless otherwise tetmioeotod as provided
herein. The AUTHORITY shall have the option of pining the Agreement for three (3)
additional years at the same teams and conditions. Such an=on shall be in the form of a written
Amendment to the Agmement executed by both parties.
ARTICLE 2 - SERVICES TO BE PERMRMED BY CONTRACTOR
CONTRACTOR shall perform the services as specifically stated in the Scope of Work (Exhibit
A) and as may be specifically designated and authorized by the AUTHORITY. Such
authorizations will be referred to as Consultant Services Authorizations (CSA). Each CSA fortn
will set forth a specific Scope of Services, amount of compensation and completion date,
ARTICLE 3 - COMPENSATION
3.1- [.
AUTHORITY shall pay CONTRACTOR in acoordaaoe with Exhibit B — Fee Schedule, which is
attached hereto and incorporated by reference as part of this Agreement.
Compensation inay be negotiated as a luimp sum or not to eicoeed price on a per- project basis, on
each individual CSA. Invoices must reface the current contract'` number or Consultant
Services Authorization number (if any).
Agreement No. 08 -233 "1-
Each individual invoice shall be due and payable thirty (30) days after receipt of correct, fully
documented, invoice by the AUMHORITY. All invoices shall be delivered to:.
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, Florida 33412
Attn: Accounts Payable, c/o Michelle Napier
In order for both parties herein to close their books and records, the CONTRACTOR will clearly
state MDM Invoice" on the CONTRACTOR'S final/last billing to the AUTHORITY. 'Phis
certifies that all aerviices 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
finther charges if not properly included on this final invoice are waived by the CONTRACTOR.
ARTICLE 4. INSURANCE
During the performance of the Services under this Agrecmeut, CONTRACTOR, shall maintain
the following insurance policies, and be written by an insurance company authorized to do
business in Florida.
1. Cameral Liability Insurance with bodily injury limits of not leas than
$1,000,000 for each occurrence, and with property damage limits of not
less than 51,000,000 for each wee.
2. Automobile Ltabft Insurance with bodily injury limits of not less than
51,000,000 for each person and not lees than 51,000,000 for each accident
and, with property damage limits of not less than $1,000,000 for each
accident.
3. Workers' Compensation Insurance in accordance with statutory
requirements and Employer's Liability Insurance with limits of not less
than $1,000,000 for each accident, $1,000,000 for each disease, and
$1,000,000 aggregate.
4. ftcess Liability Insurance with limits of not less than $5,000,000 annual
aggregate.
Deductible amounts shall not exceed 5% of the total amount of required insurance in ,earh
category. Should any policy contain any unusual exclusions, said exclusions shall be so
indicated on the cadficate(s) of insurance.
CON'TRACT'OR shall furnish AUTHORITY cerMentes of. Insurance which aball 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 AUTHORITY.
CON'TRAC'TOR shall include AUTHORITY as an additional Injured on the General Liability
and Automobile Liability insurance policy regtuti d'by the Agreement. All of CONTRACTOR'S
sub - contractors shall be required to include AUTHORITY and CONTRACTOR as additional
insured on their General Liability insurance policies.
Agreement No. 08 -233 2,
In the event that sub- oontractors used by'the CONTRACTOR do not have inmance, or do not
meet the insurance limits, CONTRACTOR shall indemnify and hold harmless the AUTHORITY
for any claim in excess of the sub- oontraetors insurance coverage.
The CONTRACTOR shalt not comment work under this Agreement until all insurance
required as stated herein has been obtained and such insurance has been approved by the
AUTHORITY.
ARTICLE S - STANDARD OF CARE
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
chcumstances and CONTRACTOR shall, at no additional oast to AUTHORITY, 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.
ARTILE 6 - INDEMNIFICATION
Gfi =�_ 7_rM
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 adcosdance with this Article 6.
6.2 IDmsMNMCATiON .
CONTRACTOR -agr+ees to protect, defend, indemnify, and hold harmless the AUTHORITY, its
employees and representatives, from any and all claims and liabilities including all actor; 8
fees and court costs, including appeals, for which the AUTHORITY, its employees and
representatives, can or may be held liable as a result of injury (including death) to persons or
damage to ply �8 by reason of any wrongful or negligent acts or omissions of the
CONTRACTOR, its employees, or agents, arising out of or connected with this Agreement. The
CONTRACTOR shall not be required to . indemnify the, AUTHORITY or its tents,. employees,
or representatives, when an ocaurence results from the wrongful acts or omissions of the
AUTHORITY, or its agents, craployeee or representatives.
6.3 SURVIVAL
Upon completion of all Saviees, obligations and,duties provided for,in this Agreement, or in the
event of termination of this Agreement for any reason, the' tw= and conditions of this Article
shall survive.
ARTICLE 7 - INDEPENDENT CONTRACTOR
CONTRACTOR undertakes performance of the Services as an independent contractor and shall
be wholly responsible for the methods of performance. AUTHORITY shall have no right to
supervise the methods used, but AUTHORTTY shall have the right to observe such performance.
Agreement No. 08 -233 -3.
CONTRACTOR shall work closely with AUTHORITY in performing Services -under this
Agreement,
The CONTRACTOR shall not pledge the AUTHORITY'S credit or make it a guarantor of
payment of surety for ,any contract; debt, obligation, judgment, hen or any form of indebtedness.
The CONTRACTOR further warrants and represents that it has no obligation or, indebt.adness
.
that would impair its ability to fulfill the terms of this Agreement.
ARTICLE 8 - AUTHORITY TO PRACTICE .1 1
The CONTRACTOR hereby represents and wUM93 that it has and will continue to maim all
licenses and approyals, required to. corduct its busimesst and that will at all times oondud its
business activities in-* reputable mantier.
ARTICLE 9 - comrLuNcE wrm LAws
In performance of the Services, 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-CONSULTING
T AUTHOR= r6wves'the right to accept the use of a sub-conftcWr or to re)ed the
selection of a pardculitr'sub-oontractor and to'inspect all facilities of any to
perform properly under this Ajee6ent.
If a sub - contractor fails to pwform or make progress, as required by this Agreement, 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 •ft now sub-contractor by the
AUTHORITY.
ARTICLE 11 - FEDERAL AND STATE TAXES
The AUTHORITY is. exempt from Federal Tax and State Sales. and Use Taxes. Upon request,
the AUTHORITY will provide an exemption certificate, to CONTRACTOR- . The
CONTRACTOR WWI Wj be exempted from; paying sales tax. to its -suppliers for 'materials. to
fulfill contractual obligations with the AUTHORITY, nor shall, the CONTRACTOR be
authorized to use the AUTHORITY' S Tax Exemption Number in securing such materials.
ARTICLE 12 - AVAnABMM.OF FUNDS
The obligations of the AUTHORITY under this Agreement are subject to the availability of
funds lawfully for its purpose by tbe Board of the Solid Waste Authority of Palm
Beach county.
Agreement No. 08-233 - 4 -
ARTICLE 13 - AUTHORITY'S RESPONSIBILITIM
AUTHORITY shall be responsible for providing access - all . project sites, and providing
information on hand required by.. CONTRACTOR, including; existing reports, studies, financial
information, and other required data that ere available in the files of the AUT'HOR1TY.
ARTICLE 14 - TERMINATION OF AGREEMENT
This Agreement may be terminated by the CONTRACTOR upon thirty (30) days prior written
notice to the AUTHORITY in the event of substantial failure by the AUTHORITY to perform in
accordance with the terms of the Ag reetaera through no fault of the CONTRACTOR. It may
also be terminated by the AUTHORITY with or without cause immediately upon written notice
to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Agreement, the
CONTRACTOR shall be paid for services ra ideted to the AUTHORITY'S satisfaction through
the date of termination. ARer..receipt of a :Notice and. except as. otherwise directed
by the AUTHORITY, the CONTRACTOR shall.
a. Stop work on the date-and to the. extent specified.
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 odd r mde rial related to
the temainated work to the AUTHORITY.
d. Continue and complete all parts of the work that have not been tearminatod-
The.CONTRACTOR shall be paid for services actually rendered to the date of termination.
ARTICLE 13 - UNCONTROLLABLE FORCES, .
Neither the AUTHORITY nor CONTRACTOR shall be considered to be in default of .ft
Agroment if delays in or failure of performance shall be due to Uncontrollable Forces, the effect
of which, by the.exercise of reasonable diligence, then sop- pecFeaminp, patty could not avoid. Tlie
term *Uncontrollable Porcxs "; shall mean. any,evert 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 aonperfornsiag party.: ; It includes, but is not limited to Ere., fla!od,
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, sad govermnental
actions. , .. . ..
Neftbar ev ' how � �� a a �aimeace if n�ce is due to forces
which are
pr l e,. , ch the noz>perforuaing,party could have,
with.. the .exercise of ,reasonable dili geaoe, prevented, removed or, remedied with .reasonable
dispatch.: ;The nonning;party shall, within a reasonable time,of being prevented or delayed
from performance by an uncontrollable force,. give , wrrttsn notice ' to the other ,party describing
the circumstances and uncontrollable forces preventing continued performance of the obligations
of this Agreement.
Agreement No. 08 -233 - 5 1 .
ARTICLE 16 -GOVERNING LAW 'AND: VENUE
This Agreement shall be:govemed by the laws of the State of Morlda. Any and all le action
necessary to enforce the Agreement will be held in'Pahn Beach County and the Agreement will
be interpreted according to the laws of Florida.
ARTICLE 17 - NON- DISCRIN [INATION
The CONTRACTOR warrants and represents that all of its employees.are traded equally during
employment without regard to race, color; religion, gender, age or national origin.
ARTICLE 18 - WAIVER
A waiver by either AUTHORITY or CONTRACTOR of SAY breach of this Agredmeart shall not
be binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party's rights with respect: to, any other or
fwrther breach. The malting or acceptance of,a payment by either party with lenowledge of the
aristence of a default or breach shall not operate or be constrged to' operate as a waiver of any
subsequent default or breach:
ARTICLE 19 - SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agroetttent void, shall in no
way affect the validity or enforceability of any other portion or provision of the Agreement. Any
void provision shall be deevied severed from the Agreement and tho 'balance of the Agmement
shall be construed and enforced as if the Agreement did not contain the particular portion or
provision held to be void. The parties further agt'ed to reform the' Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
The provisions of this section shall not prevent the entire Agreemcrit fi m being void should a
provision which is of the essence of the Agreement be determined to be void.
AR'T'ICLE 20 - 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 agwenients, oonbuts, proposals,
reprceeentations, negotiations, letters or other !cations betwee� the AUTHORTTY and
CONTRA. - TOR pertaining to the' Services, whether written or oral.::' None of the provisions,
terms and conditions contained in this • Agreemem may. added to, modified, superseded or
otherwise altered except by written izt t=cnt executed by the parties hereto.
Agreement No. 08 -233 -6-
ARTICLE 21 - MODIFICATION
no Agreementl 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 2 2 - SUCCESSORS AND ASSIGNS
AUTHORITY and CONTRACTOR cub 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 AUTHORITY via executed
amendment.
ARTICLE 23 - CONTINGEP 'T FXE5
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 pion, company, corporation, individual
or firm, other than a bona fide. employee working . solely for the CONTRACTOR, any fee,
commission, percentage, ppft or any other consideration contingent upon or resulting firm the
award or malting of this Agrame t.
ARTICLE 24 - TRUTH -fN NEGOTIATION CERTIFICATE
Execution of this Agreement by the..CONTRACTOR shall act as the execution of a truth - in-
negotiation certificate certifying dik'' wage rates and costs used to determine the
compensation provided for in this Aghwnim at are aced cite, cowplete, and current as of the date
of the Agreanent.
The said rates and costs shall be adjusted to exclude any sigaificant sums should the
AUTHORITY detmdne'tW the rates `aad'costs wens ioczw sed dueto initeoutate, inonraplete or
noncurrent wage i�te's' or''due' to inatxurate repr ntatiOns .of fees paid to outside comb cbcss.
The AUTHORITY shall exercise its rights end 'this :"Certificate" within one (1) year following
payment-
ARTICLE 25 - OWNERSHIP OF DOCUkWrS`
CONTRACTOR .shall ' be': required. to cooperate with ` other contractors relaiive to providing
information, requested is a timely nianner in the apoci$ed foim. ' and 'all do6um6ts,
records, disks, original drawings, or other information . shall become the property of the
AUTHORITY for its use and/or distrbnti as itmtey'' be deemoi3 :ate by the
AUTHORITY
Agreement No. 08 -233 - 7
ARTICLE 26 - ACCESS AND AUDITS
CONTRACTOR shall maintain adequate records to justify all charges and costs incurred in
performing - the work for at least three (3) ..years after completion : of this Agreement. The
AUTHORITY shall have access to such books, records, and documents as required in tls:ie
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 W in
writing and delivered in person or sent by acetified mail, postage prepaid as hollows: _
AUTHO
Solid Waste Au"ty.of Palm Beach County
7501 N. Jog Road
West Palm Beach; Florida 33412
Atkation: Executive 'Diredtor
. 1, ��✓• .' ' V... �'f'�.M. ( ?'�` r�.in' .i'# �i..'r �' • CIA • •.. .b. - i
As� Tv.'.CO1�TItAG"�OR <�;'
Malcolm pt=e,. Inc. .
8201 Peturslos4 Suite 3400
Plantation, Florida 33324
Attention: Stephen C. Schwarz, P. L., BCEE, Vice President
Office No.: 954- 761 -3460 Fax No.: 954 -761 -7939
Notices shall be effective when received at the addresses .as spedfied above. Changes its the
respective addresses to which such. notice is to be directed may be made $pm 'time to time by
either peaty by written notice to the other party: Facsinxile trinimissionIs 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 neat business day. The original of
the notice must additionally be mailed as required herein:
Nothing mataWed in this Article. shall be oons.bued to restrict the transmission of routine
communications between represeartatives of CONTRACTOR and AUTHORITY.'
ARTICLE 28 CON'T'RACT ADM MTRATION
Services of CONTRACTOR shall be under the general direction of John Areli mbe, Mader
of Customer Reladons, or his/her successor, who shall act as the AUTHORITY'S
relu esemtative during the teen of the Aamement.
Agreement No. 08 -233 -8.
ARTICLE 29 - KEY PERSONNEL
CONTRACTOR shall notify AUTHORTTT in the event of key personad changes which might
affect this Agreement. Not�c ation 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:
Leah X Richter, P.E., `Client Service Manager
Office No.: 954"525 -2499 Cell No.: 954-599- 7368 E -Mail: ]dr teru vimie.com
Sam Rassu* VP.Pragmm Msnsger
Office No.: 8137248 -6900 Cell No.: 813 - 505 - 1313: F -Mail: swuni-aQpirnie.c om
Dadni Stanjrnaas, P vieet Msnsger
Office No.: 813- 248 -6900 Cell' No: ' 813 -40 -0106 &Mail:. as&nirnie.com
ARTICLE 30 - MINORITY/WOMAN/SMALLL DUSDWM ENTERPRISE (M/W/SBE)
AFFIRMATIVE ACTION PROGRAM
The Governing Board of the AU IHORn Y .has set 15% as the ALrrHORPTY'S goal for
qt participation in.eonump and • `purchases. CONTRACTOR shall submit a plan showing
haw helshe will assist the Aij11i0iM ' in achieving :this goal - through wornaifminarity
subcontractor participation or any other method Minority hiring, "although laudably, does not
qualify for the purpose of meeting the goal move dted The goa[ is to encourage doing business
with certified MIW /SBE'S. The AUTHORUTf will iequire d"imentary proof of the
implcqientation sad progress of the proposed plan.
The CONTRACTOR un&�p , that each minority and/or women-owned firm utilized
pursuant to this Agre=ent to nieat 'the ALMHORTMM/W/SBE.gosls auist be odtified by a
governmental entity. Certificates shall be submitted for specific M/W /SHE'S listed in the plan.
ARTICLE 31- CONFIDENTIALITY
Nv, reports, information, ao Futa Inv 'grains, documen otatin; lad/ give pieparod or
or; data en or
assembled by file CONTRACTOR' ; �mdcr thin A:grmt , shall 'b6 ode available to any
individual or orgamzat 6xi by, , the CONTRACTOR without prior W itten approval of the
AUTHORITY unless required-to, be di,sclosed,6y law.or court order.
REMAINDER oFPAGwnvrBNTr6N, ILLYLir.FT BLANK
Agreement No. 08 -233 4- -
ARTICLE 32 - FHWA
1. FHWA Form 1273. The patties agree that the Contract momporates into its terms and
conditions all of the provisions act forth in the document commonly Imown as FHWA
Form 1273. The term "conbutor," as used in shall apply to . and mean the
CONTRACTOR, Malcolm Pinde, Inc., who may also be refeared to as the `prime
contractor", `bidder", vr+oposer", , pt' gxzdve primary. participant", "prospective
partucipaat",'Vmtr.ipartt'or the like. The document labeled "Exhibit D" shall be added to
and made a part of the Contract as "Exhibit D ".
A. The CONTRACTOR shall comply with the Davis - Bacon wages rates to. the extent
applicable to the work pixformed and r this Contract, The provisions of the Davis -
B000n Act do not apply to debris removal work unless such work is done in
conjunction with a construction project or `finked" to a particular Federal highway.
Wage rate tables 'may be bmd at ho:ti*ww.dot.s fl.uNconshw�don/w
Said wage rate tables are incorporated into and made a part of this Contract by
refeeenc e.
2. Buy America Requirements. The CONTRACTOR agrees to oomply with the requirments
of the Federal Buy America law (See 23 U.S.C. 313, ISTEA Sections 1041(a) aid 1048(x),
and FHWA's impiemuemtirug regulations at 23 CFR 635.410, as they may be m headed from
time to time), as they rdate to Federal -aid contract us
s and *e e of steel and iron pr+odueed
in the United . States. A description of the requirements of Buy America is ad fob in the
document labeled "Exhibit E", attached to this First Amendment The Contracat is amendexd
to incorporaw into its terms and conditiow requirements of the Buy America law as
described herein and in Ex thi
hibii E to s First Amendment CONTRACTOR shall provide
a certification statement regarding the: origin of all materials or covered under the
Buy America provisions and used in its performance of the Cont� in accordance with the
requirements of law. and the AUTHORITY, FDOT, FHWA, and. FEMA, to the extent
applicable. the document labeled "Exhibit E" shall be added to and made a part of the
Contract as "Exhibit E ".
3. Disadvantaged Business Enterprises
A. This provision shall supplement Article 30 of the. Contract. The Coact is subject to
the r&p*m a*.of 49 CPR part 26." The, CONTRACTOR shall not discrimbi to on
the basis of race, color, national origin, or sex in the per6ormsace of the Contras. The
CONTRACTOR shall carry out the applicable r gWreme * of 49 C FR Part 26'in the
award and adminisdrsrion of this 'U.S.DOT ndsted contract. Failure by the
CONTRACTOR to carry out these requirements is a material breach of Contract,
which may r=* in the termination of this Contract or such other remedy as the
AUTHORITY, deems appropriate, bwhidmg but, not limited to the withholding of
payments. Each subcontract the CONTRACTOR signs' with a suboontractor must
include the assurance in this paragraph. (See 49 CFR 26.13.) Upon request, the
CONTRACTOR will provide the AUTHORITY with a copy of each subcontract it
e cten into.
Apvemcnt Igo. 08 -233 -to-
B. The CONTRACTOR is required to pay its subcontractors pwfbm9ng work related to
this Contract for satisf6etory performance of that work no later than *rty (30) days
after the CONTRACTOR'S ., reocipt. of payment - tor. that , work from the
AUTHORITY. The CONTRACTOR may not hold any retshuV fray its
suboontraatat's,unlewpursuant to an agreement approved by the AUTHORITY. The
CONTRACTOR,shall return all retainage payments withhdd widen thirty (30) days
after the wboontractoes work has been satisfactorily completed.
C. The CONTRACTOR - shall, on a monthly basis, submit payment certifications,
including a oatificetion regaling their truth and accin'acy, for all payments it is
seddng and certifications from all auboarrtracors indicating who has been paid and
how. The : vatifications ..shall comply.. wiflr all Federal.. and State requu+etne t
regarding `the reporting of DBE. participation. The CONTRACTOR shall, if required
by the AUTHORITY or FDOT, report its DBE participation monthly on the Equal
0 'e't ...'.ty Reporting System looted on the Florida Deparlment,of Transportation's
(FOOT) website found at www.binincw Audits may be
oomiducted to review payments to ' DBE. subeoattacaar The CONTRACTOR will
fully cooperate with . the AUTHORITY, FDOT, FHWA or FEMA regarding the
monitoring of suboonOractors and payments made thereto.
4. Certification Regarding Suspension and Debarment.
A. This Contract is a . oovered ttensaction for purposes of 49 CFR Part 29. Accordingly,
the CONTRACTOR shall verify that neither the CONTRACTOR, nor its pamipelsp
as defined at 49 CPR 29.995, or affiliates, as defined. at 49 CFR 29.905, are,excluded
or disqualified from'participation in this Contract as defined at 49 CPR 29.940 and
29.945. .
B. The CONTRACTOR agrees to comply with the requirements of 49 CFR. 29, Subpart
C throughout the term of the Contract. The CONTRACTOR must include the
requirement do comply with 49 CFR 29, Subpart C:. in any lower tier covered
transaction it enters into. The CONTRACTOR w1mowledges and arms that by
signing and submitting its bid or proposal, the' CONTRACTOR made the catific ation
described in Section M of the attsched Exhibit D.. 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 a mxwus catificution,
in . addition to remedies available to .the .: AUTHORITY, . the State or Federal
Ooverziment - ,may pursue any available remedies, iaclu ftag • but not limited to
suspension and/or debarment The CONTRACTOR further agrees that it will include
a provision requiring such compliance in all of its suboantracts or lower tier covered
transactions.
5. Access to Records end their Retention.
A. The CONTRACTOR shall maintain adequate records to justify all charges,
expense, and costs iacxured in estimating and.performing the Contract for at least
five (5) years after completion or termination of this Contract or FDOT's closure of
Agreement No. 08 -233 -11-
an "emergency event" with the Florida Division of Emergmey Management,
whichever comes last, except in the event of. litigation or settlement of claims
arising from the paformanee of the Contract, the CONTRACTOR agrees to
maintain said records until all litigation, claims, appeals or exceptions related
thereto have been resolved. The records shall be maintained at a location in Palm
Beach County, Florida or such other location in Florida approved by the
AUTHORPTY.
B. Tbhe CONTRACTOR shall make all of its books, records, and other documents
related, in any manner to its or its subcontractors' performance of the Contract,
available to the AUTHORITY and any other funding entity (e.g., FDOT, FHWA,
FEMA, the Comptroller General of the U.S. or any of their authorized
... v 14Wves) for the purpose of examination, audit, reproduction, exctatpts 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, them 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.
6. Audit Requirements. The CONTRACTOR agrees that audits may be undertaken of its
records related to its performance of the Contract as may be authorized or required under
MM 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, FHWA, FEMA, or any of
their authorized representatives, in any audit or monitoring procedures or processes any
such entity(ies) may undertake related to CONTRACTOR'S performance of the
Contract.
7, NEPA. The CONTRACTOR shall cooperate with the AUTHORITY, FDOT, FHWA and
FEMA so as to assure that all activities related to the paformanm of this Contract comply
with the requirements of the National Environmental Policy Act (NEPA) of 1969, as
amended, and the regulations and guidance's related thereto.
S. Americans with Disabilities Act. The CONTRACTOR does hereby and certify
that it will comply with all of the— . � I . L . :Lents of the Americans with Disabilities Act of
1990 (42 USC 12102, at aeq.), as it may be amended, and all applicable implementing
regulations of the U.S. DOT, FHWA, FEMA and other Federal -aid agencies.
9. Compliance with Title VI, Title VA and other Federal Taws and Regulations. The
CONTRACTOR does hereby mpresad and testify that it will comply with all the
requirements imposed by Title VI of the Civil Rights Act of 1964 and Title VII of the Civil
Rights Act of 1968, as they have been and may be modified fimn time to time (42 USC
2000d, et. seq. and 3601 et.seq.), and the Age Discrimination and Employment Act of 1967
and Section 303 of the Age Aiscriminat Act of 1975, as amended (42 USC 6102), and
Agreement No. 08 -233 -12-
all applicable Federal laws and regulations, policies, procedures and directives of the U.S.
D(YT, FHWA, FE)AA, and/or other Federal -aid agencies, as they may be promulgated and
amended ftm time to time.
10. Convict Labor Pr+obi'bition. The CONTRACTOR does hereby represent and catify that it
will oomply with the convict labor prohibition in 23 U.S.C. 114, and all implementing
regulations thoreto.
11. Certification Regarding Lobbying Activities. A bidder or proposer for an award of certain
Federal -aid contracts in the amount of $100,000 or more, must file the certification
required by 49 CFR Part 20. CONTRACTOR confirms that by signing and submitting a
Ind or proposal for the work covered by this Contract, it made the certification described in
Section XII of the attached Exhibit D.
12, Non - Collusion Statement. The CONTRACTOR does bereby declare and confirm, under
penalty of perjury under the Iowa of the United States and the State of Florida, that to the
best of its knowledge.zod belief; its prices were arrived at independently without collusion,
consultation or other aeon undertaken for the purpose of restricting competition and it has
not, either ditoctly or indizvc tly, entered into any agreement or participated in any collusive
activity or otherwise taken any action m restraint of free competitive bidding in connection
with the solicitation issued by the AUTHORITY for HurricamdDismste r Debris Removal,
Reduction and Disposal and this Contrast.
REMAINDER OF PACE VMNT7o1vlUYL PrBLAW
Agreement No. 08 -233 -13-
In Witness Whereof, the Solid Waste Authority of Palm Beach County, and Malcolm Pirnie,
Inc. has executed this Agreement all as of the day and year first above written.
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY:
ess:
2.
Approved as to Form and Legal ciency:
By
General Counsel to the Authority
By: 4d 0� e7
Mark Hammond
Executive Director
MALCOLM PIRNIE, INC.:
Attest;
-'A� l �r Co *y
$•�'i vr+4/ Cori! l✓ z 7'.
Witness•
1 .` . aae.)
2.
e �
6
Name:
Title:
Agreement No. 08-233 -14-
Seal)
&,0M &x A
�F4wA
The CONTRACTOR trust be knowledgeable in Federal Emergency, Management Agency
(FEMA) and Federal Highway Administration '(FHWA) regulations, guiddines and operating
policies. The CONTRACTOR will support the. AUTHORITY during a.dinner recovery effort
and will be responsible for the overall monitoring of debris collection. The CONTRACTOR
shall coordinate with the .disastevc .debris removal CONTRACTOR(s) and the AUTHORITY to
ensure a compliant, Rie11- managed a>bd organized approach to debris' collection and disposal
withjv FEMA guidelines. .
The AUTHORITY intends to provide vehicle certification forms, placards, a> d load tickets. The
AUTHORITY will provide a Field Service Representative for eaeb debris zone to oversee and
monitor the - collection activity within their debris! zone and to work directly with the Debris
Collection CONTRACTOR and the Monitoring CON'T'RACTOR to schedule all work. The
AUTHORITY will provide temporary debris sites (IDS).
The scope of services to, be proyided .includes Project Management and i�sttation,
Collection Monitoring, Load Ticket - Processing,. T emporary Debris Site' ('MS) monitoring,
Debris Vehicle Certification, Damage Complaint Traddng, Data Compilation and Reporting,
Payment Monitoring . and ' Reconciliation - Piroceasi n& Reporting and Coordinating with the
ALrMORITY Project Meager; and ' other related services as outlined in this Scope of
Services.
1. PRC"CT 1VMANAGENam A" ADMIIVISTRATION'
A. The CONIRACTOR owl appoint a qualified and experienced Project Manager for
overall coon+ nation and' eoamunication with the AUTHORITY. The Project
Manager shall remain on the job and available to the AUTHORITY at all times
during the• operational phasee of the debis 'oollec6ioza and disposal project.
B. The CONTRACTOR be prepared to, supply a t� . �.. ,;.� .field office for the
montoring staff. The field office sh i qt ludo 'all, necessary oommtmicatioo and
office equipment, and supplies to effectively implement assiguod duties.
C. Examples of project management ' and administrative responsibilities include but are
not limited to
1. Coordinate daily!briefiags with key operational � staff, , AUTHORITY staff and
debris management • contractors) to : review, formulate and update debris
removal operations and - strategies: - Sehedule; manage and conduct periodic
coatings, with field staff cad contractors. Meetings shall be scheduled so that
they will not impede, hinder nor delay the debris management contractors) and
the debris management operation.
Agreement No. 48 -233 _15-
2. Provide a daily report of the debris contractor crew assignments, working
locations, number of trucks assigoed,.total loads, cubic yards collected ted by debris
type, an updated map of streets when debris is collected, and other key
operational statistics to the AUTHORITY'S Project Manager or designee.
3. Coordinate daily scheduling, dispatching and logistical operations of the field
collection monitors.
4. Hire, train, deploy and supervise all field collection monitors and staff.
5. Conduct debris surveys and perform debris estimation by debris types as
requested by the AUTHORITY.
6. Maintain accurate records of 411 debris collects vehicles, including the
measurements of the inside of the useable bed space; photographs; license
information, vehicle identification decal issuance and regular monitoring for
vehicle modifications.
7. Track and 000rdn ate responses to problems identified in the field, citizen
complaints, including commercial and/or residential property damage claims as
a result of debris removal. CONTRACTOR shall maintain a detailed GIS
database of customer complaints and resolutions.
B. Make all reasonable efforts to ensure that MS have access control and security.
Conduct cad of the day duties and verify that all vehicles have left the TDS at
the specified time established by the AUTHORITY.
9. Make all reasonable efforts to ensure the field collection monitors are accurately
recording the streets and locations where debris was collected. Maps shall be
posted daily in a central location at the AUTHORITY and updated by. 10:00
AM of each business day illustrating the progress from the previous day's work.
Provide quality control . training to all field collection and site monitors to ensure
accuracy and completion of all load tickets.
10. Schedule work for all team members and sub - contractors on a daily basis.
11. Conduct inspections on a regular, predetemiried and random basis. Make all
reasonable etfourts to ensure. the.. ; . ; , . +, ,,:ate. fraquemcy of oversight is performed
for. all work crews, vehicles and locations.
12. Monitor the debris removal coatiaotor(s) and TDS(s) for compliance with their
contractwitb the AUTHORITY.
13. Provide training to AUTHORITY staff in essential debris management and
oollection functions Was re .'.ate and regmnsive interface with disaster
debris collection contractor(s), County, state and federal agencies.
14. Develop forms, databases, eta for traddng field activities, and submitting
invoices.. for reimburserneat, etc. ; Such forms and invoices shall be compatible
with AUTHORITY 'software, and approved by the AUTHORITY'S Project
Manager or. designee. The AUTHORM utilizes Microsoft products (Excel,
Access and Sequel Server),
,
Agreement No. 0 8-233 - 16-
15. Daily personnel tracking . sheets (field, reports) shall be maintained for all
CONTRACTOR personnel assigned to the project..
16. Set" up schedules ` for monutors each day and coordinate cleanup crew
assipments. Siuvey and maintidn list of areas with speoija ne.ads, including but
iiov l6itbd to 6"idoas sttm os, ti , hangecsJleaners;' debris types, and other
17. Prepare daily and periodic tracking reports to, support debris removal, MS
operations and final debris disposal for audit purposes. Maintain a database of
debris managed,. - costs incurred and reconcile debris collection and contractor
imvoices.
18. Compile records and assist the AUTHORITY with the preparation of required
formes for reimbursement.
19. if requested by the AUTHORITY, provide cell center operators to receive and
process emus from customers with disaster debris collection concerns within
uninc.' .r , Palm Bench County: '
2. CoLuzcTm MO Nrromo
A. 1 'In order to obtain reimbursement, all debris loads shall be monitored in
the field by collection monitors to assure 'debris eligibility.. The CONTRACTOR
shall provide fully trained collection monitors to .assure proper and compliant
documentation pmtocols.are instituted' and followed.
H. The CONTRACTOR shall pro - vA& `a:6.14 quality control tease consisting of one
field `collection monitor, per 'dcbzis removal crew and ax least one. Sc1d supdrvisoa tier
every seven monitors unless otherwise approved by the ALTTHORn Y. This tesmn
will monitor the debris contractors for, contract compliance, ofSciency and
regulatory compliance. The team shall provide daily feedback to the AUTHORITY
through their Project Managm. All field team membcas equipped with the
state-of-the-art tedmolo$y, winch shall ; include cam"l!", computers,
communication devices with GPS, sod other equipment as (learned necessary andtor
e r r .. 6 ..ate.
C. When a field collection monitor, signs a load,tiekot,.hc or she is certifyft that to the
best. of. his: or her lmowlatge and belief, gn on the document is
complete and coiirect The, field o� monitor shatl•.to •the best of his or her
knowledge initiate load tickets at the collection location for eligible loads only. The
field collection and TDS monitors will make all reasonable ,effarts to assure the
load ticket is completed accurately for eligible loads of diseit debrU and that the
load ti" i$ valid. ' Only tickets tlist are ''valid will be paid by the AUTHORITY.
CONTRACTOR shall not ire paid the TDS 'or Field Moditbr at a one hour rate for
each invalid eligible, load, ticket, ' In , addition; . the ,CONTRACTOR shall be
responsible to the - AUTHORI'T'Y for- payment,;to., the debris oontraetor for the
collections, processing and.disposal for the invalid eligible load ticicet(s),
Agreement No. 0 8-233 -17-
D. The CONTRACTOR will establish. a Quality Control. Program to review all load
tickets for completeness, accuracy and eligibility. ` This - program will include a
quality. control review of load tickets, at the TDS . tower, at the Data_ Entry Center,
and random reviews in the field... Tickets drat are net ca plded '' iU be assessed as
to eligibility and.validity and action"i,will be' to verify alPtidrat data fields and
establish the tickets eligibility and validity. If n 'the' C41V'TRAC.TOR and
the AUTHORPTY will review certain load tickets to detetmina load ticket
eligibility and validity.
Additional examples of . collection monitoring quality control tasks include, but are
not limited to, the following:
1. Verifying that all - debris picked up-is a - diced result of the disaster.
2. Accurately recording the addresses, 'streets and ca
lotions where debris was
.
3. Verifying that the debris collection contraator(s) ,are worldng in their assigned
collection areas and roads.
4. CONTRACTOR shall stop work in progress- immediately for
monitoring documentation or work not being performed in the approved
manner. The CONTRACTOR shall immediately notify the AUTHORITY'S
Project Manager to review matter and provide final resolution.
S. The CONTRACTOR field monitoring team ' member(s) air responsible
immediately to report to their supervisor any sloppy (poor collection service)
and ineligible material attempting, to be collected by the contractor. The
monitoring CONTRACTOR'S supermw shall immediately notify the
AUTHORITY'S Project Manager of si cb aWvities for immediate resolution.
6. Inapecting work in progress to assure,that removal efforts include debris of the
proper type in the: pr+oper areas.
7. Assuring c63*liance with AUTHORITY oontracts by all, debris contractors and
debris subcout�ractors:
8. Maint&Wag and cataloging/indexing photo documentation of recovery work on
a daily basis.
9: Identifying eligible "stumps, hangers and leaners: ; Cpordinaftng with the
AUTHORITY'and fetleralUstate'representatives fir eligibility determination and
assure documentation (fact's; p}totoe, 'etc) sft completed for reimbursement
purposes as may be required by EMA:
C,
10. Making all reasonable 'efforti ' to ensure that its employees and its
r .
suboontractor(s) are wvzlang in compliance with federal, state, local safety
regulations, appi+opriate for the task ,being pe fbrmed.'
1 I :- Coordinating with the AUTHORITY to •respond to: problems in the field, such
as property damage oomplaints, debris: crew, issues, other, customer complaints,
etc. CONTRACTOR shall maintain, a detailed database of customer complaints
and resolutions. Proparty damage complaints must be tracked using a GIS. Any
Agreement No. 08 -233 -
photos of the property damage.must.be linked in the:61S. The'AUTHORiTY
currently has an Enterprise GIS System which utilizes ESRI's SDE, AWNFO
and Microsoft's SQL Server. Data is served out internally and extanally using
Orion Technologies' Onpoint which is a thin cheat that utilizes ESRI's Arc1MS.
Ape goodatab'aee 'at' mini num should be. provided to the AUTHORrry
'with a+oelcly'updates: ;
12. Meeting any: and all FBMA requirements.. .
13. Neither the - se�ivies p
cerformed by the` CONTRACTOR under this Agreement
nor the preseace`�of CONTRACTOR not its ' eployess ' asiid si,ubcontracton at
any'site is peer arum . of its' se visas shall reliCve debtis'remoyal contractor or
their sunCOatiactora; AUTHORITY of,any otiiec entity'of their obligations
duties`and re +1'1'it
sponsibilitiea� a+ith'respect to job site "safety: CONTRACTOR has
do audiocity to' ' exereise any `'`control over the' debris` oontiact�or or their
subcontractors, the AUTHORITX ox `any other aatity in connection with any
health, or safety pzecautions. CON'fRAGTOR. shall have, no.reaponsibility for,
advice on, or to issue .directioiis:;regatd�ing , or assume , ootmibl over safety
pra�ttions and ' ograinits in connection withthe services performed by debris
removal contractor or their subcontractors or any other entity except to the
extent relating to CONTRAC'TOR'S employ .
REMAEMER F,,LEPT.BI.�11V1
Agreement No. 08-233 -19-
3.
LOAD TICKET PROCESS DEVELOPMENT
Omw KA"
A. The. CONTRACTOR shall establish & a orgaiiized process that assures complete and
accurate data is being recorded on an approved AUTHORITY debris load ticket.
Load tickets shall consist of multi -copy pages. The CONTRACTOR shall retain
original completed tickets on behalf of the { AUTHORITY and "copies provided to
the debris removal .contractor, vehicle driver, etc., as.appropriate. Tickets shall be
filed in ticket number order and $canned. scanned tickets shall be cataloged by
ticket.. number . order, vasft retrievable, printable and cataloged/indexed with
Origiaal retained by,the CONTRACTOR an behalf
of lie AUTHORITY shall be cataloged 1, indexed with we on4mying photos. The
hardcopy and electronic versions of the tickets shall be turned over to the
AUTHORITY upon completion of the project.
B. AUTHORITY load tickets' will include 'the following minimum information:
(conform list to rnatehitems on' SWA load tickets)
1. Date
2. Loading Site Departure Time.,
3, Disposal Site Arrival Time
4. Complete street address of closest property
5. Type of debris
6. Vehicle certification number
7. Vela 1e aieascired cubic'yaid capacity
8. Percent of volume (PV)
9. Driver name (printed)
10. Field monitor's name (printed) and signature
11. Name of sub- contractor
12. TITS monitor's name (printed) and signature
OPTION i°B" ARMS
"Automated Debris Management Systems" (ARMS).
The AUTHORITY may elect a futtue pilot program using ADMS on a very limited basis
to monitor stumps collection, pagers, or reported property damages. AUTHORITY
shall pay CONTRACTOR in accordance with Exhibit B - Fee Schedule, Option B -
ADMS.
Tine elec trouic debris management system must at a mm=urn create load tickets
electronically eliminating the need for hand written and scanned tickets. The system
features must inchhde, at a minimum the following:
1. Paperless electronic (handheld device) data collection
2. Duplicate databases for government and contractor use. CONTRACTOR
database will be internet acoessible to subcontractors, city, state, and other
public entities on a need to know basis.
3. Minimal manual entry of traditional debris paper load ticket data fields
Agreeanent No. 08 -233 -20-
4. Automation of debris pickup location thru use of CAPS /GIS technologies
5. Evaluation of daily ii ent statns'using **based reporting and GIS tools
6. Coordination of contractor invoices, ,,FEMA documentation and applicant
payment process enabled thru an,integmted database management system.
7. CONTRACTOR , may, upon -the AUTHORITY'S request; use HAULPASS'' m
during the aace of sa ices - under this Agreement. The definition of
HACILPASS is - as follows: The bay& re- software systems and caawponents
thereof, including the aoflware Owein and name used under Ws Agreement for
ma�aagiag the. a0lleolion, trams0oit, and/or disposal of debris, and any and all
improvements d veto. �Ownwshlp:CONTRACTOR shall' ruin sole
owrleaabip ' of and 'AUTHORITY ' ;ball have r o rights with respect to, the
HaulPawTM System. All rights are reserved by CONTRACTOR with reaped to
the .HaulPae& System under' the; pataat, copyright, trade secret and other
applicable laws of the United Statea. In addition, any ' use, disclos and
reproduction of the HaulPass System by the AUTHORITY is s ure subject to the
maximum restriction (if. any) set. forth in all applicable federal, state, county
and miinieipal laws, rifles and regulations.
.4. TigmpoRasty Dicum srrz MomTounvo
A. The CONTRACTOR shall be capable of ..conducting pre and post - use
eaviraamentai monitoring of ' the TDS locations to detect enviroameetal
oantarnination of the TDS, either present before use or after closeout of TDS
operations, if requested by the AUTHORVY.
B. All debris collected and disposed of, and certifications of collection vehicles shall
be'doctmnented 'and`m6nitored by the' TDS monitor. The ( CONTRACTOR shall
assure that TDS and field collection monitors are deployed and operational
eommen.�urate with the beginning of debris collection and the establishment of
debris site(s).
C. The CONTRACTOR shall provide TDS monitio a to o6iarvi debris unloading
operations at the AUTHORITY'S designated TDS(s).' A minimum of two TDS
monitors are xequirod pci dcbris, site.' These staff nic,mbdrs, .in conjunction with the
project management team and the debris contractor, shan the logistics of
theJDS,to ; assume. - efficient „traffic, flow and. prnpces• hwdling.of load tickets that
record , FEMA . dais (such as .vehicle :vohnne, type of waste, etc.). The
CONTRACTOR shall observe vehicles. eateriag and.. exiting : the TDS, and make
reasonable efforts to ensure that vehicles are in compliance with their truck
certifications (e.&, side boards in place, : full tailgate, etc.). Additionally, the TDS
monitor shall ca Ini to their debris vehicle load determinations with the FFM,A
monitors. ,TDS monitors are expected to provide volume deternainatioa consistent
with -FEMA.
Agreement No. 08 -233 -21-
D, When a field collection monitor signs a load ticket, he or she is certifying that to the
best of his or her knowledge and belief, the information on the document is
complete and correct. The TDS monitor shall not sign or accept any ineorn%A or
partially completed load ticket at the MS unless authorized by the AUTHORITY.
The MS monitor is to provide quality control of the load tickets and is responsible
for making sure all load tickets are properly completed. A TDS Monitor shall
immediately report . an incomplete load ticket to their supervisor and request the
collection vehicle pull over to the side so as not to disrupt traffic flow at the IDS.
The MS monitor supervisor stall contact the field monitor responsible for the load
ticket and if neoeeaary, the CONTRACTOR and/or the AUTHORITY Project
Manager to detesmim the source, of the load ticket for resolution in a timely
manner. Only tickets that are deemed valid will be paid by the AUTHORITY.
E. The CONTRACTOR'S Project Manager shall conduct field ,quality inspections to
check and verify information on debris removal and at MS located tbroughout the
County.
F. Examples of MS monitoring tasks include but shall not be limited to:
1. Keeping accurate records of debris vehicles, cubic yard volume determinations,
time in and out, number of loads per day and other data as requested by
AUTHORITY.
2. Coordinating with local, state and federal agencies as needed for MS on issues
such as notification, obtaining permits, determining reimbursennmt, etc.
3. Providing preliminary assessment and documentation of MS. and assist in
return of site to original conditions.
4. Providing pa rsowwl to. supervise the operation of TDS including monitoring
incoming loads of debris, processing of debris and outgoing loads of processed
debris, "
5. Measure all AUTHHORTTY collection equipment and properly complete a truck
certification form.
Upon AUTHORITY'S : request will measure murpcipal..or other governmental
agency partner's collection equipment and properly complete a truck
certification farm. .
6. Conducting end of day activities, such as verifying completion of debris crew
assipments, completing all record keying, assuring that all vehicles have left
MS and locking down facilities.
S. DEBRIS VEHICLE CERTIMATION
A. All debris hauling vehicles, unincorporated and, if requested, municipal $hall be
measured and certified prior to performing debris removal. The CONTRACTOR
shall complete a certification on each vehicle decsned .;,., ,_:ate for collection. In
addition to completing vehicle certification. forms, photographs must be tal m of
each vehicle showing the vehicle number and type of vehicle. These photographs
Agreement No. 08 -233 -22-
shall be attached with the certification. original copies of these certifications,
including photographs, shall. be retained by! the CONTRACTOR on behalf of the
AUTHORITY and provided to the A[TTHORTIY... upon their request or project
completion. Additional copies shall be provided to the debris removal contractor
and the vehicle driver.. Once these vehicles are certified, random verifications shall
be performed at eases IDS to assure that no vehicle modifications have bow made
and to confirm data accuracy.
B. The CON TRACT'OR.shall .me asu a the volume to the nearest cubic yard of usable
space for each debris collection vehicle., The, CONTRACTOR "I complete the
AUTHORITY Vehicle, Certification Form, provided for each vehicle. The original
Vehicle Certification Form shall be, delivered to the AUTHORITY Project Manager
or designee, The A UTHORITY Vchiele Certification Form will have the following
information:
1. Vehicle make, model
2. Lengffi
3. Width.
4. Height
5. Volume in cubic yards
6. Tag number of vehicle
7. VIN number of vehicle
8. Vehicle type
9. Driver of vehicle name (printed) and signature
10. Sub -Cs� tractor reprase ntative name (printed) and signature
11. TDS monitor name (printed) and signature cartifying vehicle
12. Date :
13. Vehicle certification number
C. When a debris site monitor signs a vehicle certification, he or she is certifying that
to the best of his or her knowledge and belief, AU information is complete and
correct. The debris site monitor shall not sign or accept any partially completed
information. The CONTRACTORS Projed Manager or designee shall review all
truck, certification forms with the debris contractor to assure completeness and
accuracy of each foam before forwarding to the AUTHORITY'S Project Manager
or designee.
Municipalities utilizing AUTHORITY TDS(s) are required to use only
AUTHORUY - . approved vehicle certification forms' ' and load tickets.
CONTRACTOR oirill be required to review those forms . for accuracy and
completeness and notify the AUTHoRITY Pmj e t ' Ma u4m immediately if either
form is lacking nay re quaw iuwnmation: Municipal vehicle will be asked to move
to the side so as not to disi* flow of traffic to TDS.
S. PUBLIC i mroRMATioN AssIBTAmx
A. The CONTRACTOR shall provide regular status updates to the AUTHORITY'S
Project Manager For public information use.
Agreement No. 08 -233 -23-
H. The CONTRACTOR shall provide appropriate star to assist with damage
complaints resulting from the debris removal: Complaints shall be tracked and
forwarded . to the project management .teem to be resolved with the debris
conhactor(s). A weekly log of such complaints and .their resolution shall be
provided to the AUTHORITY'S Project Manager. Property damage complaints
must be tracked using a GIS. Any photos of the property damage must be linked in
the GIS. The AUTHORITY currently has an Enterprise GIS System which utilizes
ESRI's SDE, ArcINFO and Microsoft's, SQL Server. Data'is`served out internally
and ademally using Orion Technologies' Onpoint which is a thin client that utilizes
ESRI's ArcIMS. A personal geodatabue at minimum, should be provided to the
AUTHORITY with weekly updates. Ups request of the AUTHORITY, the
CONTRACTOR may also be called upon to provide appropriate staffing of a
customer call center to assist with public telephone inquiries, concerns and
complaints regarding debris removal operations.
C. The CONTRACTOR shall provide the AUTHORITY'S Project Manager and the
debris contxaeWs) with daily Disaster Debris Status Reports. Each daily report
shall contain the following:
1. Overview of daily activities including staters of damage complaints
2. Cumulative debris tatty by debris site
3. Cumulative debris tally by day
4. Summary of monthly debris removal efl au (cumulative and by debda site)
5. Summary of mulch removal efforts (cumulative and by, debris site)
b. Summary of mixed/construction dt demolition removal efforts (cumulative
and by debris sate)
7. Stump volume by site
8. Debris site status
9. Labor force report
10. Debris site processing equipment summary .
This repotting is due no later than 12:00 noon the following business day or as
requested by the AUTHORITY.
D. The, CONTRACTOR shall track, collection status in a GIS, compatible with the
AUTHORITY GIS. The AUTHORITY currently has an Enterprise GIS System
which utilizes ESRI's SIZE, ArclNFO and Microsoft's SQL Sarver. Data is served
out . internally and externally using Orion Technologies' Onpoint which is a thin
client that utilities ESRI's AxcIIvtS.. A personal, geodatabase at minimum should be
provided to the AUTHORITY with weekly . updates. This GIS shall show areas
currently collected, debris pass number, as well as areas to be collected for the
upcoming week and the debris contractor who completed the pass. The .personal
geodatabase is due to the AUTHORITY by noon (12:00 P.M.) every Monday.
Maps; if requested, shall be provided in various sizes and quantities as determined
by the AUTHORITY'S Project Manager.
Agreement No. 08 -233 .24-
7. DATABAsB REPORTMG
A- The CONTRACTOR shall be raq= tole for collecting, auditing for completeness
and accuracy, tabulating and organizing debris disposal data, including the scanned
ticket images and. photos, vehicle certifications, .etc., into electronic formats to
support ,federal, (FEIVIA and . FHWA), state and local reimburseatesits, and
subsequent audits.
B. A single database shall be created by the CONTRACTOR. This database shall
include all information on debris removal and disposal including but r►ot limited to:
1, Complete load ticket information,
2. Vehicle oteti8eation information,
3. St=p removal information,
4. Hanger removal data,
S. Leaner removal information.
Any electronic reporting from this database must be provided in a forme to be
specified by the AUTHORITY, based on commonly avatleble softwom The
database created by the CONTRACTOR shall, be given, to the" AUTHORITY with
user documentation at iris conclusion of the event. ' The CONTRACTOR shall
assure the AUTHORITY can navigate, performs and prodtux repoft 6om
the final database.
S. P AY1VmN't' MoxrroRmG AND RECO PRociss
The CONTRACTOR shall revieat; validate and reconcile debris management
contractor(s) invoices priori to to' the AUTHORITY for. processing. The
CONTRACTOR shall conduct a making at the beginning of the debris management
operation to `fully explaia`'the process to the AUITiORITY' debris coattractor(s) and
FEMA representatives. All invoices from the debris contreu'ctor(s) shall' be directed to the
CONTRACTOR Within seven (7)' calendar 'days of receipt, the invbioes shall be
reviewed by the CONTRACTOR to be,accepted or rejade& Tht CONTRACTOR shall
issue in writing to the AUTHORITY' and the debris oontractor, the,, acceptance or
rejection of the invoices cried a payment _;,,,Y..� If the invoice is rejexted, the
monitoring CONTRACTOR shall clearly state'the.reesons for rejection and work with
the ' debris contract& to ,resolve idol' Onq!- anviaied tint ' are accarate and
complete Wal'be fotivarded to the AilTHORiTY'S "6d Almonii payment
9. RIPORTMO T TEw, AUTHORT> IS PRoffm MAFAGBR
The CONTRACTOR "I contact the AUTHORITY'S Project Manager, at a minimum,
twenty; faui,(24) bpi prior to sa hu 6tne event or immediatdyupon t>ii~ oeeurrenee of a
major . disaster event: within the County wheel them, is no advance no8 ti000/watnh*
The CONTRACTOR shall report to the AUTHORITY Project M "anager or designee
within eight (8) fours of being given a Notice to Procxed.
Agri went No. 08 -233 - Z -
10. OTHER RELATED SERVICES
A. Event Closure
The CONTRACTOR shall assist the AUTHORITY in preparing final reports
necessary for reimbaxseineat by FEMA, FHWA (Federal Highway Administration)
and other applicable agencies for disaster recovery efforts by AUTHORITY staff
and designated debris management contractors. The CONTRACTOR shall assist in
reviewing and processing requests for payment by the debris management
contractor(s).
B. Federal Funding
To ensure that processing of federal fielding is done as quickly as possible, the
following information and its ac racy is the responsibility of the CONTRACTOR:
1. Review of debris contractor invoices
2. Monitoring information
3. Project Status Reports
4. Completed Load tickets
5. CONTRACTOR payroll
6. Review of debris contractor equipment hours of operation
7. Vehicle certifications
8. Start and end dates of the . fu* debris removal pass and all subsequent passes
C. Compliance
The CONTRACTOR shall provide professional oversight to monitor compliance
with Florida Department of Environmental Protection (FDEP) regulations, Florida
Dent of 'Ymuportation M)OT), i+loAda Department of Forestry (DOF),
FEMA reporting requirements, and any other federal, state, or local regulation that
pertains to debris recovery operations. The, CONTRACTOR shall stay c umnt with
FEMA and FHWA policics and procedures and notify the AUTHORITY'S Project
Manager immediately as changes occur
D. Meetings with AUTHORTIY Personnel
The CONTRACTOR shall meet with AUTHORITY representatives and the debris
contractor daily during disaster event activation. During periods without a disaster,
the CONTRACTOR shalt meet . with the . AUTHORITY'S Project Manager or
designee at least once 'a year at no cost to the AUTHORITY. � This meeliog shall
occur prior to the hurricane 'season.
E. The AUTHORITY may order cbagges in the service consisting of additions,
deletions or other rcwisions to the Scope of Services for debris management. No
claims may be made by the CONTRACTOR to change the amount of compensation
of the CONTRACTOR or other adjustments to the Agreement, unless such changes
or adjustments have been'appmved by the AUTHORITY and incorporated herein
by written amendment to this Agreement.
F. Additional Services
The CONTRACTOR shall be capable of providing a 1 - 800 service to respond and
report on resident inquiries during the debris recovery activity.
Agreement No. 08 -233 -26-
EXHIBIT B
FEE `SCREDUI:E
OPTION A
Rates include all expenses and equipment, including but not limited to, travel related expenses,
meal allowances, hotel rooms, and any other relevant out of
pocket expenses, as well as vehicles,
electronics, communications equipment and any other equipment, facilities, or infrastructure
necessary to carry out the task.
�1 MON
HOTlRi►Y`R"ATEt
Project O$"icerNice President
$ 0
Associate Manager
$ b8
Operations Manager
$ b4
Operations Specialist
$ G0
Field Supervisor
$ 49
Engineer/Equipment Certification
$ 39
Technical Support/Environmental Assessment
$ 55
Administrative Support
$ 25
TDS Monitor
$ 39
Field Monitor
$ 34
Call Center Operator
$ 25
Data Entry
$ 25
Agreement No. 08 -233 -27-
EXHIBIT B
.QPTION B - ADMS
Rates include all expenses and equipment, including but not limited to, travel related expenses,
meal allowances, hotel rooms, and any other relevant out of pocket expenses, as well as vehicles,
electronics, communications equipment and any other equipment, facilities, or infrastructure
necessary to carry out the task.
INDSM. ON '
' - HOURLY RATE
Project OfficerNice President
$ 0
Associate Manager
$ 68
Operations Manager
l $ 64
Operations Specialist
$ 75
Field Supervisor
I $ 70
Engineer /Equipment Certification
$ 58
Technical SuppoW&vironmental Assessment
$ 55
Administrative Support
$ 25
TDS Monitor
$ 58
Field Monitor
$ 48
Call Center Operator
$ 25
Data Entry
$ 0
Agreement No. 08 -233 -28-
EXHIBIT C
MMSBEPL4N
CONTRACTOR will retain the services of a certified M/W /SBE subcontractor to provide debris
monitoring support services following activation by the AUTHORITY.
CONTRACTOR will make every effort to attain fifteen percent (15 %) M/W/SBE business
participation.
REMAINDER OF PA GE INTEN77ONALL Y LEFT BLANAr
A
Agreement No. 08 -233 -29-
EXHIBIT D
Ragr ill Cantraat ft iaiofis Fedwall -M Con*uWon Cortu is
I. General
if. Nondiscrimination
Ili.' Nonsegregated Facilities
IV. Payment of Predetermined Minimum Wage
V. Statements and Payrolls
V1. Record of Materials, Supplies, and Labor
VII. Subletting or Assigning the'Contract
VHI, '$afety: Accident PrOAMh for ,
IX. Faise Statements Concerning Highway Projects
X. Implementation' of Clean Air Act and Federal Water Pollution Control Act
XI. Certification Regarding Debarment; Suspension Ineiigibiity, and Voluntary Exclusion
XII. Certification Regarding Use'of ConVaot Funds for Lobbying
i =77. :
A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only)
GENERAL
1. These contract provisions shall apply to all work performed on the .contract by the
contractor's own organization and with the assistance of workers under =the contractor's
immediate superintendence and to all .work performed on the contract by piecvork, station work,
or by subcontraa
2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract an
of the stipulations contained in these Required Contract provisions, and 'further require their
inclusion in any lower tier suboontract or purchase order that may turn be made. The Required
Contract Provisions shall not be incorporated by reference in any terse. The prime contractor shall
be responsible for compliance by any subcontractor or.lower tier subcontractor with these Required
Contract Provisions.
3. A breach of any of the stipulations contained :in these Required Contract Provisions shall be
sufficient grounds for termination of the contract ,
4. A breach of the following clauses of the Required Contract Provisions may also be grounds for
debarment as provided in 29 CFR 5.12:
Section . 1, paragraph 2;
Section IV, Oragraphs 1,2,3,4.'66'd 7;
Section V, pa 1 and 2a through 2g.
5. Disputes arising out'of the labor standards proviskm.of Section'IV (except paragraph 5) and
Section , V - of these Required Contract Provisions shall not be subject to the general disputes
clause- of this contract. Such disputes shalt be resolved in accordance with - the procedures of the
U.S. Department of tabor (DOL) as set forth in 29 CFR 5, 5, and 7. Disputes within the meaning of
this clause indude disputes between the contractor (or any of its subcontractors) and the
contracting agency;'the DOL,'or the contractor's employees or representatives.
8. Selection of Labor. During performance of this conbvd, the contractor shall not: ; .
a. Disuiminate againsulabor•frorri any other State, possesskmn, or- territory of the United States
(except for'employment preference for,Appalachion contracts "when applicable, as specified
.An Attachment A), or „
b. Employ convict labor for any purpose within the limits of the project unless it is labor
performed by convicts who are on parole, supervised release, probation.
Agreement No. 08 -233 -30-
L NONDISCRIMINATION
(Applicable to all Federal -old construction contracts and to all related subcontracts of $10,000 or more)
1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to
discriminate and to ,toke:aMb'metNe.acW..to. assure. equal, .apporturnity as , . set forth under laws,
executive orders, Hiles, regulations (28'CFR 35, 29 CFR 1830 arid 41 CFR 60) and orders of the
Secretary of Labor as modified by the provisions proscribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative action standards:for the contractor's
project activities under this contract. The Equal Opportunity Construction,Contrect Specifications
set forth under 41 CFR W and the provisions of the American Disabilities Act-of .1980 (42
U.S.C. 12101 et seq.) set forth under 28. CFR 35. and 29' CFR :1630 are ,incorporated by
referenced in this Contract. In the exeoution'o "f this oontract, the contractor agrees to comply with
the following minimum specific requirement activities of EEO:
a The contractor will work with the State... highway : agency (SWA) and the Federal
Government In carrying out EEO obligations and in their review of hislW activities under the
contract.
b. The contractor will. accept as his operating policy the.,161lowing
".It is the policy of : this t CaMpamy to assure,that applicants are employed, and that employees
are treated during employment, .without regard to their race, religion, sex, color, national
origin, age or disabiiity, Such action shall Include: a npl'ooe'ht, upgrading, demotion, or
transfer; recruitment or recruitment advertising: layoff or termination; rates of pay or other
forms of compensation; '- and .. selection • for paining, including apprenticeship,
prespprenboeship. andror onahe job training ".., ,.
2. EEO Officer: The contractor will designate and make known' to the Sh'A contracting officers
an EEO Officer who will have the responsibility for and must be capable of effectively
administering and promoting an active contractor program of EEO and who must be assigned
adequate authority and responsibility to do so. , t
3. Dissemination of Policy: All members of the contractors staff who are authorized to hire,
supervise, promote, .and: discharge .,employees, or who recommend. such action, or who are
substantially involved in such action, will be made fully cognizant of, .and will Implement, the
contractor's EEO policy and contractual. responsibilities to provide EEO. in each grade and
classification, of employments To ensure that the. above egreement will be met, •the following actions
will be taken as a minimum:
a. Periodic meetings of supervisory and:pemonnel office employees.will be conducted before
the start of.work and then not less •often. then once every 'six months, at which time the
contractor's EEO policy and its implementation will be reviewed and explained: The meetings
will be conducted by the EEO Officer,
b. All new supervisory or personnel employees will be given. a .thorough indoctrination by
the EEO Officer, covering all majoraspects the contractor's EEO obligations within thirty
days following their reporting for duty with the;contractor:
C. All personnel who are engaged id direct recruitment for the „project will be instructed by
the EEO Officer in the ooneractnrs procedures for boating and hiring 'minority group
employees.
d. Notices and posters setting forth the contractor`s EEO policy' will be' placed In areas
readily accessible to amp %, applicants.for�emplayrnent and pot�ential:empbyeas.
.9. The contractors EEO policy and the. procedures ;to Implement such policy, will be brought
to the: attention .of employees .by.Jimns:_,of meetings, employee handbooks, or other
appropriate means.
4. Recruitment: ..,When advertising for, the, contractor will, include in all
advertisements for. employees the :notation:..,- "An . Equal Opportunity Employer:" All such
advertisements.,wirl be• placed -in publications having a large cwculaaon;arnong minority groups in
the area from which the pro1ect work,broe - would nomWNly be:dertved.
a. The; contractor win, unless 'precluded by &va bargaining ''agreement, conduct systematic
and direct recruitment through public end private employee' referra sources likely to yield
quailed minority. group applicents. .meet, this requirement,.. the :,contractor wi0 identify
soum*s:of:potential minority group employees, ,and:astabl'rsh with such Identified sources
procedures whereby minority group applicants may be referred to the contractor for
employment consideration.
Agreement No. 08 -233 -31-
b, In the event the Contractor has a valid bargaining agreement providing for exclusive
hiring hall referrals, he is expected to observe the .provisions of that agreement to the
extent that the system permits the contractors compliance with EEO contract provisions.
(The DOL has hold that .where implementation of such agreements. have the effect of
discriminating against minorities or women, or obligates the contrector'to do the some, such
Implementation violates Executive Order 11246, as amended:)
a The contractor will encourage his present employees to refer minority group
applicants for empkyment. Information and procedures with regard to referring minority
group appliccents will be discussed with employees. ,
5. Personnel Actions: Wages, working conditions, and employee benefits shall be
established and administered, and personnel actions of every type, including hiring,
upgrading, promotion, transfer, demotion, layoff,: and termination,' shall be taken without regard to
race, color, religion, sex, national origin, age or disability. The following . procedures shall be
followed < .
a. The contractor will conduct periodic inspections of project sites to Insure that working
conditions and employee facilities !do not indicate discriminatory treatment of project site
personnel. .
b. The• contractor will periodically, evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
Q The contractor will periodically review selected personnel actions In. depth to determine
whether there is evidence of discrimination. Where evidence is found, the contractor
will promptly take corrective action. If the review indicates that the discrimination may
extend beyond the actions reviewed, such corrective action shall include all affected
persons. I . 1. r.
d, The contractor will promptly investigate all complaints of alleged discrimination made
to the contractor-in connection with his obligations under this contract, will attempt to
resolve such complaints, and will take appropriate corrective action within a reasonable
time. If the investigation indicates that the discrimination may affect persons other than
the complainant, such corrective actlon:shall include such other persons: Upon completion
of each investigation, the contractor will inform every complainant of all of his avenues of
appeal. .. ' . . } . .
6. Training and Promodon:
a. The contractor wlll:asslst in locating, qualifying, and .increasing the skills of minority
group and women employees, and applicanta.for.employment.
b. Consistent with -the contractors work-force requirements and as perrnissible under Federal and
State, regulations, the contractor shall make full use of training programs, I. a., apprenticeship,
and on -the job training programs for the geographical area of. contract performance, Where
feasible, 25 percent of,apprentices - or trainees, in each occupation shall be in their first year
of apprenticeship or training: In event a spacial provision for training is provided under this
contract, this subparegraph.will.be,superseded is Indicated,in the special provision.
C. The contractor will advise employees and. applicants . for. employment of available training
programs and. entrance requirements .for each. :.:.
d. The contractor will periodically review the training and. promotion potential of minority
group and women employees and will encourage,�'eligibie, employees to apply for such
training and promotion. .
7, Unions: lf contractor relies in whole or in part, upon.unlons. as a source of employees, the
contractor will use his/her best dfforts to obtain .the cooperation -of such unions to increase
opportunities for minority groups and women within the unions,, and to, effect referrals by such
unions of minority and female employees. Actions by the contractor either directly or through a
contractors association acting as agent will include the procedures set forth below.
a. The contractor will use best efforts to develop, in cooperation with th& unions, joint training
programs aimed toward, qualifying more minority group members and women for
membership in the unions and increasing the skills of minority group employees and women
so that they,may qualify for higher paying employment. - .
b. .The contractor, will use... best efforts to . incorporate,. an EEO clause into each union
agreement'to the end.that such union will be contractually bound to refer applicants without
regard to their.race, color, religion, sex, national origin, age or disability.
Agreement No. 08 -233 -32-
a The contractor is to obtain information as to the referral practices and policies of the labor
union except that to the extent such information Is within the exclusive possession of the
labor union and such labor union refuses to - furnish such information to the contractor, the
contractor shall so certify to the SHA and shall set forth what efforts have been made to
obtain such information.
d. In. event the union is unable to provide the contractor with a reasonable flow of
minority and women referrals within the time..limk set /vrth In the collective bargaining
agreement, the contractor will,- independent; recruitment efforts, fill the employment
vacancies without regard to race, color,. religion, sex, national origin ,age or disability;
making full efforts to obtain quallfied'and /or qualifiable minority'group persons and women.
(The DOL has held that R shall be no excuse that the union with which the contractor has a
collective bargaining - agreement providing for exclusive referral failed to refer minority
employees.) In the event the union referral practice prevents the contractor from meeting
the obligations pursuant to Executive Order "11246; as amended, and these special
provlslons, such contractor shall immediately notify the SHA.
S. Selection of Subcontractors, Procurement of Materials and , Leasing of Equipment: The
contractor shall not discriminate on thaviounds oUrace, color, religion; sax, national origin, age
or disability in the selection and retention of subcontractors, Including procurement of materials and
leases of equipment.
a. The contractor shall notify all potential subcontractors and suppliers of hlslher EEO
obligations under'this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal
opportunity to compete for and perform subcontracts which the contractor enters Into pursuant
to this contract. The contractor will use his best efforts to solicit bids from and to
utilize DBE subcontractors or subcontractors with meaningful minority gawp and female
representation among -their employees.' ;CONTRACTORS shall. obtain lists of DOE
construction firms from SHA: personnel.
C. The contractor will use his best efforts to ensure subcontractor compliance with their
EEO obligations.
9. Records and Reports: The contractor shall keep such records as necessary to document
compliance with the EEO requirements. Such records shall be retained'for a period of three years
following completion of, the contract work and shall be avaliable at reasonable times and places for
inspection by authorized representativesof.the SMA.and the FHWA.
a. The records kept by the contractor shall'docurnent the following:
1. The number of minority4nd non- minority'group members and women employed in each
work classification on the project; .
2. The progress and efforts being made -in cooperation with unions, when applicable, to
increase employment opportunities: for minorities and women;
3. The progress and efforts being made -in locating,! hiring, training, qualifying, and
upgrading .minority and female employees: and
4. The progress and efforts' being made in securing the.. services of DBE
subcontractors or4ubcontractors with meaningful minority and female representation
among - their employees:
b_ The contractors will submit an annual report to the SHA each July for the duration of the
project, indicating the , number of minority, women, and :non - minority .group employees
currently � engaged in each work classification required by the contract work. This
information is to be reported on Form FHWM 391. If on-the-job training is being required
by special provision, the contractor will be required to collect and report training data.
III. NONSEGREGATED FACILITIES
(Applicable to all Federakaid construction contracts and to all related subcontracts 0fAi0,000 or more)
a. By submission of this bid, the execution of this contact or subcontract, or the consummation
of this material supply agreement or.:purchase order,. as appropriate, the bidder, Federal -aid
construction contractor,. subcontractor, material supplier, or vendor, as appropriate, certifies
that the firm'does not maintain or provide for b employeetany segregated facilities at any of
its establishments, and that the firm does not permit its employees to perform their services
Agreement No. 09 -233 -33-
at any location; :under its control, where segregated facilities are maintained. The firm
agrees that a breach of , .this :oertificatlon , is a violation of; :the EEO provisions of this
contract. The firm further certifies.-that no> employee will be denied access to adequate
facilities, on -the basis oftex or disability. I . • .
b As used-in this certification,: the term ''segregated facilities' means-any wading rooms, work
areas,: restrooms and :washrooms, restaurants and ,other eating areas, time clocks, looker
rooms, and other storage or dressing areas, parking lots;:; drinking fountains, recreation
or entertainment -.areas, :.trsnsportation, and housing facilities, provided for employees
which are segregated by explicit: directive, •or in fact, segregated on the basis of
race, color, religion; national origin; age or dlsability,�,because of habit, local custom, or
otherwise.!,The only exception will be for the %disabled when the demands for accessibility
override (e.g. disabled parking).:
C. The `contractor agrees -that .it has - obtained or will obtain.. identical. certification from
proposed . subcontractors or. material: suppliers prior;;to award , of subcontracts or
consummation of material supply agreements of $10,000 or more and that it will retain such
certifications in its.fiies.
N. PAYMENT OF PREDETERMINED MINIMUM WAGE .
(Applicable to all Federal -aid construction` contracts' exceeding 52;000., and to ail related subcontracts,
except' for projects located on rpadway3 classified as local roads or; rtirat mkior collectors, which are
exempt.] ; , ;
1. General:
a. All, mechanics and laborers employed or .working upon .the site of, the work will be
paid unconditionally and not'less often.than once a week and without subsequent deduction
or rebate on any account [except such payroll; deductions: as. are permitted by regulations
(29 CFR 3) issued.. by the Secretary•of Labor underthe Copeland Act (40 U.S.C. 276c)J the
full amounts of wages and bona , fide fringe benefits (or cash .equivalents thereof) due at time
of payment. The payment shall be computed at wage. rates not less than those contained in
the wage determination of the Secretary of Labor (hereinafter 'the wage determination ")
which is attached hereto and made a part hereof, .regardless of any cartractuai, rwationship
which may be alleged,to exist betMreari the contractor or its subcontractora and such laborers
and mechanics. The wage' determinatbn, (induditig. any. additional, classifications and wage
rates conformed under, 8t pars' rapk cf'this Section' IV "and the DOL poster (WHA 321) or
Form FHWAA495) shall W posied, all times by the contractor "and'its i6bconhaclors at the
site of the work in a prorpinent ; and, accessible place wbere.it cari'be .easily seen by the
workers. For th4i . p ,rpose of this Section, "coritrfbutions made or' costs reasonably
anticipated 'for boric fide fringe, benefits under ;Section. 1 the Devis - Bacon Act (40
U;S,C. 2761) tieli'atf of;lab&erg or rnechanics considered wages paid to such laborers
or,
nmeclmanics, ffiutijadt to�the provisions of.Se„ctioii`'IV, paragraph fib, hereof. Also, for the
purpose..of this:Section. regular�contributions ri Ie or cvsts'iiiix 0iii tor, more than a weekly
pe Hod "(but not Jess often' t?iai 'quarterljr); und0r'.pl' ns, funds,''or' pro gra is, which cover the
particular weekly period', � are deemed" to 'tie` `sxar►etiv�tiYeiy rnade or Incurred during such
weekly period: ;Such. laborers and, meohanics:•shall be <paid :the appropriate, wage rate and
fringe benefits on the wage determination for the classificatiom okwork! actually performed,
without regard to skill, except;as;provided in paragraphs.4 and ,6 of;.this Section IV,
b. Laborers , or; mechanics.. performing , work :in more -,,than... ,one-, ; classification may be
compensated: at the rate, specified; ,for, each classification:,for ! the,time actually worked
therein, provlded,�, that, thkemployers; payroll records accurately set forth the time spent in
each. classificadon�in which, work: is performed:
a All rulings and i interpretationsof the, Davis -aacon Act and related ads: contained in 29 CFR 1,
3, and.5 are hereln:lnoorporated by reference in,this- contract:
2 Classificstidn: '
a The SHA contracting — oAcir ! " s iii uire that Ohy bl"O ort, laborers or mechanics employed
Under the contract;" which' iB r!ot' listad in' `the' w ° age' detertriiriation, shall be classified in
con formSnce with` the wage' et'emiination. a
6, The 'c'ontracting� officer shall' "approve an additional classfffcation; wage rate and fringe
benefits onfy'when the f0liovhhg criteria have kieeh met:
Agreement No. 09 -233 -34- 1
1. thti'Mork'to•be-perforrned bythe additional classification requested is not performed
by a classification in the wage determination:
2. rthe chmification.is utilized in - the area-by the'construction Industry;
3, the proposed wage rate, including any bona fide t fringe -benefits, bears a
reasonable relationship to the wage rates ,contained In the wage determination; and
4.: with respect .to helpers, when such a classifcatibn ;prevails in sthe area in which the
work Js performed." i • c' .
c. If the contractor. . subcontractors ; . asnt appropriate, : the ilaborers and mechanics (If
known) ; , to be 'employed in the , additional . classification -or their representatives, and the
contracting offic6r :the •classifiication .and••wage rate (including the amount
designated for•- fringe< benefits :wh - ere appropriate), a report of the••action taken shall
be sent by the contracting officer to the• : Administrator' of the Wage and Hour
Divislon; Employment Standards�AdministraWrt. Washington D.C,: 202;10. The Wags and
Hour Administrator; or sh ;authorized • representative, will approve. modify, or disapprove
every, additional classification action• within days of r"pCand'so advise the contracting
officer or wiEl notKy the contracting officer within the 30tday period`-that additional time is
necessary.
d. In the event the contractor `or 'sutconttactors ' ss3'appropriate, the laborers or
mechanics.,.to be employed in, the additional c ifrcation or their. representatives, and the
contrpiaing offcer dc. riot,agree on. tfie proposed`classir�Cation `arid "wage rate;(iricluding
the amount desgnated for °fringe `heriefi#s; "eW appropMe .104 contracting aAfcer shall
refer the questions, including the vie" of all interested parties and the recommendation
of the contracting officer, to the Wage and Hour Administrator for determination. Said
Administrator;: or an authorized representative; will issue .a determination wfthin 30 days
of, receipt +end so' advise .the contracting officer or.wilt. notlfy..the, contracting officer within
the 30. -day period that.additfonal time is necessary
e. The wage-:, rate (inckiding fringe - benefits• :appropriate) determined pursuant to
paragraph, 2c or:2d'of this• Section �iV "shall be ;paid to. all 1workers' work in the
additional from the first-day on which w ork is performed in the ciassfficxion.
3. Pay rr'+ent of Frirr'g•;of:, I , :
a. "riiver tlie'rnini rum wage iate in the contract, for; a class of laborers or
mechanics ii0does a fringe benefk',whfch is riot expressed as an hourly. •rate, the contractor
or • subcontractors; 86; pproprlate; " shall 'sither'' pay the benefit: as :stated in the wage
deterrriinatbn' .or,shall: ,pey another bona fide: ' nga benefit ,organ apurly case equivalent
b... . If. the` contractor .or. subcontractor,: as;pppfopnate;, ;does not make .payments to a trustee or
other thkd'person, !helshe may oonslder, ,as,.a.part of H*.wages of - laborer or mechanic
the ,emount q c6sWreeisoriatily enkipe w in, oy ing,tsc)ha fide:Oinge benef� under a
�, ,. i. u, i w .r !r
OM or .P!n9. prpvKied „th8ftiie of Labor found, upon writtien request of
the. cantraotior' that
the, sti`iii rds of ,,tfie` f5svis Bacon. Act` Have been met. The
Secretary'of Leaf or'`may.require` contractor to. :jsik s ide�in a separ8feiaccount assets for
the of obl4ed ais undertfi'e,plan or "prggrcm::�
:4, AppriMice641 d trainees (Pr+o9rems'• ol'the U S. DOL).,and- Helpers:
APprerrtias:
Apooritices wilt +be permitted awork•at?less than the predetermined rate for the work
i 'efiey perform employed p and individually registered In a
bona. fide: apprenticeship • program:registered!with4he' DOL;;f= mpbyment and Training
Adrriinfstrs# Ion, ° Bureau' of 'ApprenticeBhip'arrd'Training: wrrwfithi a• State apprenticeship
agency recognized by the? Bureau; pr if a person . is entployed first 90 days of
probationary "employment ae`an'spp iLipwan` apprenticeship program, who is
not individuslfy'-reofstered ln' -b0t4ha-ha8' been:•certified by the Bureau of
Apprenticeship and Training or a State apprenticeship egency,. to be
eligible for probatlonary.employment.as en.apprentioe.
2. The allowable ratlo`of gp�prientioes )oiimeymari -level employees on the. job site in any
�. A ,. , .
cra#t classification shall not fee: greater than the ratto. permitted, tc,the con tractor as to
the entire,work force under,the,ri gistered�ppogram . Any.6 ripioyee,listed on v payroll at
an' appre as `s#a6sd above,
ntice wage. rate, wFio is not "regiaferedor otherwise •employed
Agreement No. 08 -233 -35-
shall be paid not less than the applicable wage, rate. listed in the wage determination for
the classification of work performed. In •addition, any apprentice performing
work on the >job site In excess of the ratio permitted-under. the registered program shall
be paid not than the applicable..wage rate on the wage determination for the work
actually performed.:Where a contractor or subcontractor is- perfonnino construction on a
project in & locality other than that in which: its program is registered; the ratios and
wage rates (expressed in percentages, of the. journeyman-level hourly rate)
specified in the, contractor's or subcontractor's . registered,, program shall be
observed. ;
3.. Every, apprentice must be, paid at not 'less then the rate specified In the registered
program fbr the ,app'rentice's, level .of progress, expressed as, a „percentage of the
journeyman - level" 664 1y rate °l speciTied in the applicable wage determination.
Apprentices shill *' be paid fringe, benefits in accordanop with the provisions of the
apprenticeship „prcigram., `If the, apprenticeship program does not speciy fringe
benefits, sppientices, must be, paid thetull of fringe �benefits on the wage
determination for ,the;applicableVi�sssftat6n.' If the Administrator.for'the Wage and Hour
Division determines that a different prai .prevails for` the applicable apprentice
classifick6n, fringes shall bs paid in accordance with that d
4. In the event the Bureau '4f .Appreritk:estiip arc! Training, or a State apprenticeship
agency recognized by tfie Bureau. withdraws approval of an ,apprenticeship program, the
contractor or: subcontractor will -no longer. be permitted ,to..utilize. apprentices at less
than the applicable predetermined rate for the comparable work performed by
regular, employees until an acceptable program, is approved.
b.. Trainees: .
1. Except as .provided in 29 CFR. 5. .16, trainees will not be permitted to work at less
than the predetermined rate for the work .performed, unless they are employed
pursuant ; to and. Individually registered in a program which has received prior
approval, evidenced by formal certification by the DOL, Employment and Training
Administration,
2, The ratio of trainees to journeyman -level employees on the,job site Shall not be greater
than permitted under the plan „approved by, the Ernpioyment, and Training
Administration,' Any' employee listed on' tho3 payroll at, a trainee rate who is not
registered 'and participating in .a "training plan 'approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on the wage
determination for the dasslticatlon of work'actually performed. In, addition, any trainee
performing, work,:on the' job site in; excess of the ratio permitted under' ttoe registered
program shall be paid not less than the applicable *age' fate on the wage determination
for the work adually performed.
3. EveryArainee must be,,paid -at. -not lessAhan the rate specified ,in approved
program his/her level. of progress, expressed as a percentage of the journeyman -
level hourly rate,specified -In , the applicable wage. determination. Trainees shall be
paid fringe benefits in accordance.with the provisions of the trainee program. If the
trainee. program „,,does not mention fringe benefits, trainees shall be paid the full
amount of fringe, benefits .listed on the.wage determination unless the Administrator of
the. Wage and .Hour Division determines that .there is program
associated with the, ,.corresponding joumeymari4evel • wage rate on the wage
determination which provides for less than full fringe'benefits for apprentices, in which
case such trainees shall receive the same fringe bensfits apprentices:, ,
4. In the event the Employment and Training Administration withdraws approval of a
training program, "the contractor'or subpimtractor will no longer, be 'permitted to utilize
trainees at less than ft' applicable predetierntined rate for the i” purl med until an
acceptable program is approved.
e. : Helpers
Helpers will be permitted to work on a project. if .the..helperi classification is specified and
defined on the applicable wage determination or is approved pursuant to the conformance
procedure set forth in Section IV.2. Any worker fisted "On 's payroll 4t a helper wage rate,
who' is`not a helper under a'approved'definition; shall be paid not less than the applicable
wage rate on the wage determination for the classification ofwock actually performed.
Agreement No. 08 -233 -36-
5. Apprentkces,and Truk*" jPrognms of dte U:S: DOT):;:'Apprentioes and trainees working under
-apprenticeship and': skill:,'training programs', which•• been : certftd by the Secretary of
Transportation: ss -promoting •EEO;'Iri conrmwWn , withMFederal- aid''highway construction programs
are'not subject to the require merets_of;paragreph.4 of.thivSeotbn straight time hourly wage
rates <for.�apprentices and- under :''such:;programs'•'wilII -to established by the particular
programs;} , The , ratio of apprentices . and ?trainees .t0 journeymen;: shali not be greater than
„
peimitted.by: the; term of the•partk:ular.progrsm>
,
S. Wlthh6ldln4: . The,. SMA shall upon it's own action" "or 'upon wi teen :request of an authorized
any th
representative of�the DOL :withhold cau"'to be withheld,, from,tie..contmetor or subcontractor
unde r this. .contrac t o
' r an `,other''Fed'eral contracct with the"'" or 'pririie . wwrfrs � other
'ederally- assisted contra t "sutiject to:Davis- saeori' evailin uir�ements which is held by
L' ,, :... , s l.:s,.: r.�189e,..m4 �'' may be considered
the same, prime contractor„ as much''i�f the acdrued payments ,or, adv,;ancea
r'.' . r- , ?.',:.., .. ¢.. f �. '' and hel
a tre
necessary..to pay.. 1abo rera..•a nd mechanics;, including spprenhees, inees, pets,
emplo oontyed by file :6ontractor ; any subcontractor the lull am unt. of. gas required y the
! ! .. '�:{ .., •.[ } 4J 1::. , ,. .. ? .. tit.., .. .�, ..._.,,. M.•
ract:.',In ;tlie,cvent ojallure to•, ;an • laboi'ei. or aincluding any apprentice, mechnic,,
�- may.. y,; ,.. -, Y ..., :: .�-
trainee,.or.tielper,,empbyed or working thie;site, work,;
all or of wages required by
file voAtract,'the..SHA : co'ritracting of i<r nay;, attSer;:wMteri 'I
00 take such
actbri,,as .may be necsssary`,to cause`the suspension cf, ariy;;furttier,psyment, advance, or
guan�ntee'of funds ungl scict
7. Overtime'R'equlremetits: No contractor'or subcontractorcontracting for any part of the contract
work which'r11ay require or Involve the employment of.lab &s;;mechanide, watchmen, or guards
(including appfentides,1 trainees;s?snd .'Helpers �'desixlt�ed in `paragraphs 4 and 5 above) shall
require or permit any laborer, mechanic, watavnar+, or guard in any w Wo6ski in which he/she is
emplayed.on °suoi:wo ,, to ;work in exeess worMiveek union such laborer,
mechanic, watchman; 'or guard' receivestcompe ns'*1M st4 rate* not. less "than one - and - one -half
times. his/hee basic rate' of pay for, all MWi woiked' 16" xcess of 4b'houra: workweek.
8. Violaticri: Liability for Unpsid Wages; Liquidadsd Damages: In, tttie,event� any violation of the
clause.,set forth in, paregraph -7 above, the contractor ; and.-any ;subcon `tractor - responsible thereof
shall tie Ilable:to thei'affectcd employee tot hlsRier.unpaid wages:. ln;;addition, such contractor
and.'subooritractor shall be ilatile the:United the case'of:work done under contract
1
..for the District of,..ColumlHa or;, a ; territgry, "to.. such,.:District ; vr,.{o: 6uCh; territory) for liqurdated
damages. uch liquidated; ea niges.'s '
S ,. - .: '
hall be;: oompufed cacti individual laborer,
mecliariic, watchman, ,or. gusid ®mpbyed in vio18G4ri,of ttie.,Geuse;set.forth in paragraph 7, In the
sum"ofs,10`, for eaim.caler>dar say,'or;;,wtii6h Such ;empkiyee�++ras:required:.ar permitted to work in
;.,,.
•excess, of
the overtim the • i+ireeic of 40 rs,tivithout; a wages required by
hou yment. of
the douse
set fovtli. In• pa'egraph� 7: '
9. Wltlehold1n4 forUnpaid Wipes' and laquldabd Dilriiageir,;,The SHA shall upon its own action or
upon written request W 'any :authorized ; representative "of- the' ;. DOL withhold, or cause to be
>. •,
withheld:i\4f om° - any ` monies `paYablA <on, acoOUnt'tof..rwork 'performed A' b the contractor or
i.
subcontractor under':en .such >''oontraU .:ken ather`iFederel' ;eontMd the same prime
-contr'actor, .o� `any' =othe YFeckirely= adeisted coritriad bject,:DO :'the %'.Contract Work Mours and
Safety °tStanda'rds: Act,{ wliich'is" hetdr`by�tFie` sariie 'prkne'"contraator.:'4uch sums as may be
iietermmea tot'be' necesaEs ` y ' . to , satis �f j '�er ; liabil f such 'contra�tor or siaboontractor for unpaid
'7,.. y . y ..1
wages.and liquidated 'damages'aa`provided'iir:th e clause set forth in paragiaph 8 above.
V. STATEMENTS?ANUPAYROLLS
l ... ,. -. exceedi ;a n d to all related sub
. ' . fed, •';
(Applicable ro .; - 1Federal =a cons .11 id :truction contracts•s mg X2;000 a..contracts,
except for,projects l«ted, or;;roadwaya`,class` as local roads or rural . lectors; which are exempt.)
1. Coeitpl once with Copsland.RejWidoers (29:m
The contractor shell comply with' the Copeland ,Regulations of the Secretary; of labor which are
herein incorporated'by- referei>Qe ��;
2 Pay'olts`and Payroll Rai arls:.
v
a. Payrolls er�d'basic .re.COrds. ; relating, thereto shali,be miintainedrby',the contractor and
d8ch., sut�co "ntlractor.diiring`'the,courss of ,the;,wortc.and ;preserved.•for , n. period of 3 years
from the date of completion of the cbritraet'fbf'aNd laborers, mechanics; apprentices, trainees,
Agreement No. 08- 233 - 37- •
watchmen, helpers, and guards working at the site of the work-
b. The payroll records shall contain the name, social security number, and address of each
such employee; his or her correct classification; hourly rates of .wages paid
(including rates of contribud or ousts 'snticipat d,, for bona Fide fringe benefits or cash
equivalent thereof the types described in SCOtion "1(bx2HB)"of.th Davis. Bacon Act); daily
arid weekly riunitier''of hours worked;; deductions made;' and actual weges'pa. - in addition,
for Appalachian contracts, the payroll records shall oontain.a'notstion indicating whether the
emploYee does,. or does not, normally . reside in, the labor area as defined in Attachment A,
paragraph 1,. Whenever•the.Secretery of,Labde : 'pursuant to SecttioKIV, paragraph 3b, has
found that the ,wages of any mw
hank" or mhank " Include the amount of any costs
reasonably anticipated 'in providing benefits under 'a plan or'. program described in
Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall
maintain records which show that the canimitment to,provid9 such benefits is enforceable,
that the plan or program `is financially responsible, that`,the .plan or program has s been
communicated in writlng to the laborers or mechanics affected, and show the cost anticipated
or the ai bal ' oust` inured in providing " ' benefits. CONTRACTORS or subcontractors
emptying apprentices or trainees under approved programs shall maintain written evidence
of 'the registration of ap'pre'ntices and trainees; and ratios and wage rates prescribed in the
applicable programs.,
c. Each contractor and subcontractor shall` furnish, each we ek in which any „contract work is
rm
perfoed, to the SHA resident engineer 'a payroll of wages paid each of "its employees
(including apprentices, trainees, and helpers,., described .in .Section IV, paragraphs 4 and
5, and watchmen and guards engaged on work' during . the `preceding weekly payroll
period). The payroll submitted shall set, out accurately and.completely all ,of: the information
required to be maintained under paragraph 2b of.,this Section.V. This information may be
submitted in any form desired, Optlonal:Form WH -347 Is.-available, for this purpose and
may be purchased from the Superintendent of Documents (Federal stook - number 029 -005»
0014 -1), U.S..Govemment Printing Office, Washington; D.C. 20402; • The prime contractor
is responsible for the submission of copies of payrolls by all subcontractors.
d. Each payroll, submitted shall be, accompanied -by a "Statement of Compliance," signed
by. the contractor or subcontractor or, his/her. agent who pays or supervises the payment
of the persons employed under the .contract and.,shall certify the following:
1. That the payroll for the payroll period contains the information required to be maintained
under paragraph 2b of this Section V and that such information is oorrect and complete;
2. That such laborer or mechanic ,.(including .each, helper, apprentice, and trainee)
employed on the contract during the payroll. period,, has. been paid the full weekly
wages earned, without rebate, either directly or Indirectly, and that no deductions have
been made either directly or indirectly.,from the full, wages, earned, other than
permissible deductions as set forth in the Regulations,, 29 CFR 3;
3. That each laborer or mechanic, has been paid rot less that.the.applicable wage rate and
fringe benefits or , cash; equivalent for the classification : of( worked,- performed, as
specified in the applicable wage determination IncorporaWAnto the contract,
e. The weekly. : submission of a executed ,cefication set forth on -the reverse side of
Optional Form WH -347 shall.,satis.fy the requirement for, submission .of the "Statement
of Compliance" required by. paragraph 2d of -this Section V.
f. The falsification of any of the above certificadons,may subject the contractor to civil or
criminal prosecution under 16 U.S.C. 1001 and 3tU:S.C. 231. ..
g. The contractor or subcontractor shall make the records. required under paragraph 2b of this
Section.V available forAnspection,,copying, or transcription by authorized representatives
of the SHA, -the FHWA, or -the DOL, and shall permit, such representatives to interview
employees during. working - hours on the job. If the contractor or subcontractor fails to
submit the required records or to make them available; the SHA, the FHWA, the DOL, or
all may, after written notice to the contractor, sponsor, applicant or owner, take such
actions as may be necessary to ca 9 the suspension of any further, - payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records upon request or to
make such records�availaiile maybe grounds for debarmenfectlon pumtiant to 28 CFR5.12.
Agreement No. 08 -233 -38-
VI, RECORD OF'MATERIALS, SUPPLIES, AND LABOR
1. On all Federal -aid contracts on the 'National Highway System, except: those which provide
solely 'for. the installatidn' ", of. protective 'devices at railroad. grade crossings, those which are
constructed,on a force account or direct labor basis,, highway J*irtification contracts, and contracts
for which, the total final,co�truction cost for roadway 'and bridge is'.less than $1,000,000 (23 CFR
635) tfie dontractor shah:
a. Se familiar with .the list of specific materials ,and 'supplies contained in Form
FHWA -47, "Statement. of Materials... and Labor Used by CONTRACTOR of Highway
Construction Inriolving' Federal Funds," prior to, the commencement of work under this
contract.
b.' Maintain a record of the total cost of all materials and supplies purchased for and incorporated
in & work, and. also , of the quantltfes of those specifrc, materials and supplies listed on
Form FHWA- 47,`end in:the,units shown on Forth FHWM7.
a Fumish, upon the completion of tiie contract, to the SHA resident engineer on Form
FHWA - 47 together. with the data required `in Paragraph ' the. relative materials and
supplies; a. fine! labor.summ�ry of, all contract work indicating t11e total hours worked and
the total amount earned. "
2. At the prime contractors option,, either a single report covering all contract work or separate
reports for the contractor and for each subcontract shall be submitted.
VIL SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with its own organization contract work amounting to not less than
30 percent (or a greater percentage if specified elsewhere in the contract) of the total original
contract price, excluding any specialty items designated , by the State.: Speciolty items may be
performed by subcontract and the amount of any such. specialty Items •performed may be
deducted from the total original contract pflwbefore computing the amount of work required to be
performed by the oontraetoes own organization (23 CFR 635).
a. Its own organization" shall bwoonsbwW to Include only workers employed and paid directly
by . the prime contractor .and equipment 'owned or rented by the prime contractor, with or
without operators. Such term does not include employees or equipment of a subcontractor,
assignee; cr agent of the prime contractor.
b. "Specialty Items"; be construed to be limited to work that requires highly specialized
knowledge, • abilities', or equipment not ordinarily available in 'the type . of contracting
organizations qualified and expected to bid on the contract as a whole and In general are to
be limited to minor components of: the overall contract
2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is
computed includes the cost of material "and manufactured products which are to be purchased
or produced by the contractor under the contract provisions.
3. The contractor shall (a) a competent superintendent or supervisor who Is employed by the
firm, has= = full' authority 'to direct psi Im,i anoe' of the work in' accordance with the contract
"requirements; and is in charge of all construction; operations (regardless of who performs the
work)' and (b) such other, of, its own orgainizationai resources (supervision; management, and
engineering services) as the SHA contracting' determines is neoessary to assure the
performance of the' contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written
consent of the SHA contracting "officer; or authorized representative, and such consent when
given shall not be construed to relieve the contractor of any respbnsibility for the fulfillment of the
oontract. Written consent will be given only after the SHA has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions and requirements of the prime
contract.
VIII. SAFETY: ACCIDENT PREVENTION
1. In the. performance of this contract the contractor. shall comply with all. applicable Federal, State,
and local laws governing safety, health, "and sanitation (23 dFR 635). The contractor shall
provide all safeguards, safety devices and protective equipment and take any other needed
actions as it determines, or as the SHA contracting officer may determine, to be reasonably
Agreement No. 48 -233 -39-
necessary to protect the life and health of employees on the job and the safety of the public and to
protect property in connection with the performance of the work covered by the contract,
2. It is a condition of this contract, and shall be made a condition of each suboontract, which the
contractor enters into pursuant'to this contract, that the contractor and any subcontractor shall not
permit *y employee, In performance of the contract,, to work in surroundings or under conditions
which are unsanitary, hazardous de dangerous' to his/her health 'or safety, ` as determined under
construction safety and health standards (29 CFR 1926) promulgated: by the Secretary of Labor,
in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U,S.C,
333).
3. Pursuant to 29 CFR 1526.3, it is a condition of this contract that the Secretary of Labor or
authorized' representative thereof; have right •of entry to any site bf contract performance to
inspect or investigate the matter of compliance with the construction safety and • health standards
and to carry out the duties ,of, the,Secretery under ,Section .107. of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 333).
DC FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
in order to assure • high quality and durable construction in conformity with approved plans and
specifications and a, high degree of reliabifitty on statements and repr�esentationS made by engineers,
contractor;, 'suppliers, and, workers on Federal -ald highway projects,, it, is .essential that all persons
concerned with the project perform their ftunctbns" as„ carefully, thoroughly, and .honestly as possible.
Willful falsification, distortion, or misrepresentation with r8spect to any, facts related,to the project is a
violation of Federal law. To prevent any misunderstanding regardFng the seriousness of these and similar
acts, the following notice shall be posted on each Federal -;aid highway project (23 CFR 635) In one or
more places where It Is readily available., all,persons cono with the project:
NOTICE TO. ALL PERSONNEL, ENGAGED ON FEDERAL -AID. HIGHWAY PROJECTS
1t3'U.S,C. 1024 i±eads as. follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Ta►Ntory,
or whoever, whether a person, association, firm, or corporation, knowingly makes any
false statement, false representation; or false report as to the character, quality, quantity, or
cost of the material used or to be used, or the quantity or quality of the worir performed or to be
performed, or the cost thereof In connection with the submission of plans, maps,
specifications, contracts, or.costs of construction -on any highway or related project submitted
for approval to the Secretary of Transportation; or
Whoever knowingly makes any' false statement' ,, false reprasentation, false report or false claim
with res pact to the che ract4r,' performed msterisis famished or be l to
Ity, quantity,, or cost, of any wprlr .. performed or to be
' furbished, .Iry cvri`�tlon with the construction of
any highway or related project approved, by the Secretary of Ti nsporhrtlori;
Whoever knowingly makes any false statement or false representedon as to -material fact In any
statement, celtlficate, or report submitted pursuant to provislons of the , Fedorstl -ald Roads Act
approved July f, 1918, (39 Scat 338); 4s amended and supp'lemonted;
Shall be fined not more. than $76;000 or imprlsoned.nof more than; 3 years or both."
X. IMPLEMENTATION OF CLEAN AIR ACTA ND FEDERAL WATER POLLUTION
CONTROL ACT
(Applicable to all-Federal -aid construction contracts and to"all related subcontracts of $100,000 or more,)
By submission of this bid or the execution of this contract, or subcontract,,. as appropriate, the bidder,
Federa4d construction contractor, or, subcontractor, as appropriate, will be deemed i&have stipulated as
follows:
1. That any facility that is or will be utilized in the performance of this contract, unless such
contract is exempt under the Clean Air Act, as amended (42 U.S,C, 1857 .et seg., as amended
by Pub.L. 01 - 604), aind under,the, Federal Water Pollution m
.Control Act, as amended (33 U.S.C.
L
1251 it seg., as amended by Pub. 92 -500), Executive Order .11738, and regulations In
implementation thereof (40 CFR 15) is not listed, on the date of oontract award, on the U.S,
Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20.
Agreement No. 0$ -233 -40
2. That the firm agrees to Comply and remain in Compliance with all the requirements of Section 114
of the Ciean Air Act :and Section 308 of the, Federal Water.. Pollution Control Act and all
regulations and,guidelines listed-:thereunder.
3. That the firm shall. promptly notify the: SNA.,of'the receipt of any communication from the Director,
Office of , Federal, Activities, 'EPA, indicating that a faCllity. that is. or .will be utilized for the
contract is under consideration to-beilisted.on the EPA List VicladnggFacilities.
4, That-the -firm agrees to include-or'.cause to beAncluded the requirements of paragraph 1 through 4
of this,,Section ,X in. every: nonexempt. subcontract, land further;agrees to take such action as the
government may direct as a means of enforcing such requirements.
Xt. CERTIFICATION REGARDING *DEBARMENT, SUSPENSION.:, INELIGIBILITY AND VOLUNTARY
EXCLUSION
1. Instructions tow certNkation - Primary Cowrid Transactions:
(Applicable to all Federal -aid contracts - 49 CFR 20)
a. By signing and submitting this -the: prospective - primary participant is providing
the certification set out below.
b. The inability of a'pers'oA to; provide the certification 'set out below 'wiil not necessarily
result in denial'of participation 'in ered ' this cov 'tiihssction. The` prospective'' participant
shaii'submit ane
'"xplanetion o f why`it,.cannot. pr o vide 4he'certifi set out below.
The certif'ication.'orexpiaiiatiori will be, considered in connection with the department or
agency's deteMnation:wvhether to entar'into'fhis transaction. How of the
prospective priniary ; participant to; fumish a ;c tcfioatio
e rn or 'an' explanation shall disqualify
such a person from, pardcipe'tion iii this transaction.
C. The Certification in this'ilause is a msiterial re" preseritation of fact upon which reliance was
placed when the, department or. agency determined to enter into.this transaction. If it is later
d etermin ed' that the prospdGiiv *i '' ' participa knowing ly rendered en erroneous
certification, in addition to other remedies avatiable to the 'Federal Government, the
department or agency may terminate. this, transaction for cause of default
A The - prospective.. primary participant. :.shall „ providev.1mmediate written notice- to the
department or agency to whom this proposal submitted if -any time1he prospective primary
participant learns -than its certifkation was:,erroneous when submitted or has become
erroneous by reason of'changed circumstances. , I , , .. :.5 ., , .
e. The. terms. "covered ..,trarissction "debarred w , "suspended, "ineligible, "lower tier
covered transaction," "participant,"' "person;" "primary, .dovensd,. transaction, ", "principal,"
°proposal," and "voluntarily excluded," as used in this clause, have the ,meanings set out in
the Definitions and Ciyverege nebtions of rules' Implementing.; Exs66 ti40' .Order' 12549.
You may contact ttie .department 'or agency to. which this proposal . is `submitted for
assistance in obtaining a copy`&Vi6se"�r' g'uuletions�''
f. The' pros j** agrees' by submitting this proposal nisi should the
proposed cover, gd�,transaction-.be, entered . into, .,It.shall.not�knowingJy,ente�, into any lower
tier covered. transaction:,wittm: a; person; who debarred, . s rkled ineligible, or
voluntarily, excluded,from ;0'rticipaWn in,this covered.transsction, unless authorized by the
department or agena,entering intro tFils.trermsac
r don,,
g. The `prospective pnmaiy pattrapant�furthar `agrees by subi`nitting' tFtiis' proposal thmst it will
include,.the cause titled., aC.ertification,Regarding. Debarment,, Suspension„ Ineligibility and
Voiuntsiry E! ekaUiork�ower'.'Tie"r 'Coverkl .`Transaction; "=`Provided �b0y the dep or
agency entering into this covered, transaction, without modification, in•'a!I lower tier'oovered
transactions and WAll�soiicitations.figr lower tier covered:trmriwarctions..
A participant in e' covered transaction may .rely, upon, `a .certification of a prospective
h ' participant � in . a.1kmwer tier covered ti ir►s ion that `lis"riOt debarred; suspended, ineligible, or
voluntarily �e3ccluded from•ttme'`covered'transaoti4n, unless '`it knows`th$t the certification is
erroneous. A, participant may.declde the method and frequency,by, which it determines the
eligibility` of a 'principals. l =ach `Psrtidpsnt
cx 'may,. tint is.. not required' to, check the
nvnpro rerrierit portion''bU the ` "Lists;' of 'Paitife6 Ex clud ed F bin." Federsf Procurement or
Nonprocurement Prog ". (Nonprocurerrent "Gist) whiGi ' is WTI)ied ' by the General
Seririces Administration.
Agreement No. 08 -233 -41-
i. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the centfication required by this clause. The
knowledge and information of participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business. dealings. Except for
transactions authorized under paragraph f of these instructions, .if a participant In a covered
transaction knowtngy enters into a lower tier covered transectionrwith a person who is
suspended, debarred,kineligible; or•voluntarilyexcluded from participation in this transaction,
in addition to other remedies available to the Federal Government,.. the department or agency
may terminate this transaction for cause or default
Certification Regarding) Debarment, Suspension, Ineligibility and Voluntary
Exclusion - .Primary Covered Transactions:
1. The prospective primary participant certifies to the, best of its knowledge and belief,
that it and its principals:
a, Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any Federal
department or agency;
b. Have not within a 3 -year period preceding this proposal been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State or local) transaction or contract under a public transaction; violation of
Federal or State,antitrust statutes or Commission of embezzlement, theft, forgery,
bribery, falsification , or destruction of records, ' maklno false statements, or
recalving,stolen property,
c. Are not presently Indicted for or otherwise criminally or civiAy charged by a
governmental entity (Federal, State or lo cal) with commission of any of the offenses
enumerated in paragraph 1 b of this certification: and
d Have not within a 3 -year period preceding this application /proposal had one or
more public transactions (Federal, State or )ocal) terminated for cause or default
2_ Where the. prospective. primary. participant is unable to certify to any of the
statements in this certification, 'such prosper, " particcipant' shall attach an explanation
to this proposal.
2. Instructions for Certfioation - Lower Tier Covered Transactions:
(Applicable to all subcontracts; purchase orders and other lower tier transactions of
$25,000 or more - 49 CFR 29)
By signing and submitting this proposal, the prospective lower tier is ;providing the certification
set out below:
a.' certification in this clause is a material representation of fact: upon which reliance was
placed when this transaction was entered .Into. : If It is later determined that the
prospective - lower tier participant knowingly- rendered an erroneous certification, in addition
to other remedies - available to the Federal Government,.. the department, or agency with
which -this transaction originated may pursue available remedies, including suspension
and/or debarment. . .,
b. The prospective lower tier participant shall provide immediate written notice to the person
to which this :proposal is.. submitted if . at any time the prospective lower tier
participant learns that its certification was.eroneous by reason of changed circumstances.
C. The . terns "covered transaction," "debarred," "suspended,"' "ineligible," "primary covered
transaction,* "partioipank" "person," "principal," - proposal," and:..•volunterily excluded," as
used in this clause, have the meanings set out in the Definitions .and - Coverage sections of
rules . implementing. l= xecutive Order '12549. You may contact the person to which this
proposal is submitted for assistance in obtaining a copy of those regulations.
d. The prospective lower tier participant agrees by submitting this proposal that should the
proposed covered transaction be . entered into, it shall not knowingly ,eater into any
lower tier , covered transaction with a person who is debarred, suspended, declared
ineligible,. or voluntarily excluded from participation In this covered transaction, unless
authorized by the department or agency with which this transaction originated.
Agreement No. 08- 233 -42- 1
e. The prospective lower tier participant further agrees by submitting this proposal that it will
include this clause titled "Certification Regarding Debarment Suspension, Ineligibility and
Voluntary. Exclusion" Lower .Tier Covered Transaction," without modification, in all lower tier
covered transactions and in all solicitations for: lower-tier covered transactions.
f. A: participant in a covered transaction may rely upon . a certification of a prospective
participant in a lower tier covered .transaction: that 4s •not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless. it knows.that the certification Is
erroneous'. A participant may decide the method and frequency by which it determines the
eligibility - of its .principals. Each participant may, but ° is not required to, check the
Nonprocurement List
g. Nothing contained in the foregoing shall be t�nstrued to require establishment of a system of
records in orderito render• in: good :faith the. certification. required :by this clause. The
knowledge and information of participant: is:not required to. exceed that which is normally
possessed by - a prudent.person In the ordinary course of business dealings.
h. Except for transactions authorized under paragraph � e -'of these instructions, if 'a
participant in a covered transaction knowingly enters into a lower tier covered transaction
with a , person who Is , suspended, debarred, ineligible; or: voluntarily excluded from
participation In this transaction, In addiitior4 to. other•'remedies available to the Federal
Government,:: the department or ,agency. with which. this transaction originated may pursue
.avallable remedies, including suspension and/or debarment
CohiRi anon Reg#rding Debennent, 8uspensior►, Ineligfbllity and Voluntary Exclusion-Lower
Tf sr Covered;Transactions:
1.'. The.praspectiye lower tier participant certifies„ by, submersion of this proposal, that
neither it nor its principals is presently debarred," suspended, proposed for
debarment,,, declared ineligible, or vciiintarily excluded from participation in this
trahsactiori by any Federal depaarment or agency., .
2. Where the prospecthre lower.tier, participant' is..unabW to certify to any of the
statements in this certification, such praapective,participant,shall attach an explanation
to tfil 'proposal.
Xl1. CERTIFICATION (REGARDING USE OF CONTRACT FUND$ FOR LdeRYING
(Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed
8100,000 - 49 CFR 20) , , 1.
1. The prospective participant certifies. by signing and submitting thls bid or proposal, to the best of
ow
his or her`knledge and belief, that:
a No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned to any person -for influencing or, attempting to influence an offioer or empbyee.of
any Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member.of Congress in connection with themwarding of any Federal contract,
the making of any Federal grant, the making of any Federal. -ban, the entering into of any
cooperative agreement and ., the : extension, continuation, renewal. amendment, or
modification of any Federal contract, grant, ban, or cooperative agreement.
b. If any funds other:than Federal appropriated funds have -been paid or will be paid to any
person for influencing or attempting to influence an officer- or: employee of any Federal
agency, a Member of-Congress, an offcer:or employee of Congress, or an employee
of a r: Member of Congress in connection with this. Federal contract, grant, ban, or
cooperative agreement,• the undersigned shall .complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying," in accordance with Its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission.of this certification is a prerequisite for making
or entering into this transaction Imposed by. 31 .U.S.C. 1352. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not more than
8100,000 for each such failure. . . .
3. The prospective participant also agrees by submitting his or her; bid -or proposal that he or she
shall require that the language of this certification be included in all lower tier subcontracts, which
exceed $100,000 and that all such recipients shall certify and disclose accordingly.
Agreement No. 08 -233 -43-
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS
(Applicable to Appalachian contracts only.)
1. During the performance of this contract, the contractor undertaking to do work which is, or
reasonably may be, done as on -site work, shall give preference to qualified persons who regularly
reside in the labor area as designated by the DOL wherein the oont Va work is situated, or the
subregion, or the Appalachian counties of the State wherein the contract work is situated, except
a To the extent that qualified persons regularly residing. in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced
personnel necessary to assure an efficient execution of the oontract work.
c. For the obligation of the contractor to offer employment to present or former employees as the
result of a lawful collective bargaining contract, provided that the number of nonresident
persons employed under this subparagraph 1c shall not exceed 20 percent of the number
of employees employed by the contractor on the contract work, except as provided in
subparagraph 4 below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the
classifications of the laborers, mechanics and other employees required to perform the
contract work, (b) the number of employees required In each classification, (c) the date on
which he estimates such employees will be required, and (d) any other pertinent information
required by the State Employment Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by telephone. 0 during the course of the
contract work, the information submitted by the contractor in the original job order Is substantially
modified, he shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by
the State Employment Service. The contractor is not required to grant employment to any job
applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within 1 week following the placing of a job order by the contractor with the State Employment
Service, the State Employment Service is unable to refer any qualified job applicants to the
contractor, or less than the number requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be
made a part of the contractor's permanent project records. Upon receipt of this certificate, the
contractor may employ persons who do not normally reside in the labor area to fill positions covered
by the certificate, notwithstanding the provisions of subparagraph 1c above.
5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every
subcontract for work which is, or reasonably may be, done as on -sike work.
Last modified on March 11, 2005
Agreement No. 08 -233 44-
. Y
EXHIBIT E
Buy America
Source of Supply — Steel and Iron (f=ederal Aid Co *wb Only)_ For Federal,eid contracts, the
CONTRACTOR wffl only use steel and iron produced in the United States, in aocordance with the buy
America provfsions of 23 CFR 535.410. CONTRACTOR wRl ensure that all manuf at sing processes for
these materials oasis in the United States. A manubctunng process is any process that ncodifces the
chemical content, physical shape, size or final finish of a product, beginning with the indW melding and
mixing and continuing through the bending and coating stages. A manufactured steel or iron product is
complete only when all grinding, driaing, welding, finishing and coating have been completed. If a domestic
product is taken outside the United States for any process, it becomes foreign source material. When using
steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe,
pre- stressed beams, oorrugated steel pipe, etc.), these saute provisions apply, except that the manufacturer
may use minimal quantilies of foreign steel and iron when the cost of such foreign mater>sls does not exceed
0.1% of the compensation or $2,500, whichever is greater. These requiremerns are applicable to al steel
and iron materials incorporated into the finished worts, 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
eertifreation 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 certifitation shall also Include: (1) a statement
OW the product was produced entirely within the United States, or (2) a statement that the product was
produced with the Unfted States except for minimal quarft" of foreign steel and iron and specify the actual
value of the product Each such certification shat be fumished to the AUTHORITY prior to inc�arporating the
material into the projecx Won FHWA allows the use of foreign steel on a project, CONTRACTOR shall
furnish invoices to document the posts of such material, and obtain the AUTHORITY's written approval prior
to incorporating the material into the project-
r.
Agreement No. 08 -233 45 -