R13-112 11
i
1
2 , RESOLUTION NO. R13 -112
3
4 ± A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
5 I BOYNTON BEACH, FLORIDA, APPROVING A THREE (3) YEAR
6I AGREEMENT WITH PHILLIPS & JORDAN, INC., FOR
7` HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION AND
8 DISPOSAL SERVICES BEGINNING OCTOBER 15, 2013
9 THROUGH AUGUST 20, 2016 WITH AN OPTION TO RENEW
10 TO BE USED ON AN "AS- NEEDED" BASIS AND AUTHORIZING
11 THE CITY MANAGER TO EXECUTE THE AGREEMENT;
12 PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, due to the critical nature of this service it is imperative to have a
15 contract in place in order to avoid delays should there be a hurricane /disaster /emergency
16 situation; and
17 WHEREAS, the Solid Waste Authority approved an Agreement (No. 13 -249) with
18 Phillips and Jordan, Inc., to provide for Hurricane /Disaster Debris Removal, Reduction and
19 Disposal for a period of three (3) years from August 21, 2013 to August 20, 2016, with an
20 option to extend until August 20, 2020 to be utilized on an "as needed basis ".
21 WHEREAS, upon recommendation of staff, the City Commission has determined
22 that it is in the best interests of the residents of the City to approve a three (3) year
23 Agreement with Phillips and Jordan, Inc., for Hurricane /Disaster Debris Removal,
24 Reduction and Disposal to be used on an "as- needed" basis.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. Each Whereas clause set forth above is true and correct and
28 I incorporated herein by this reference.
29 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
\ \Apps3 City Cbb\ Auto\ Data \ 189 \ Items \181\2633\ 3479\ Reso_ -_ Phillips_ Jordan _Debns_Removal_(2013_3_Yr) Doc
1 approves a three (3) year Contract with Philips and Jordan, Inc., for Hurricane /Disaster
2 Debris Removal, Reduction and Disposal to be used on an "as- needed" basis commencing
3 October 15, 2013 through August 20, 2016 with an option to renew until August 20, 2020, a
4 copy of which is attached hereto as Exhibit "A ".
5 Section 3. The City Manager is authorized to execute the Agreement with
6 Phillips and Jordan, Inc.
7' Section 4. That this Resolution shall become effective immediately.
8 PASSED AND ADOPTED this AP day of October, 2013.
9 t
10 ! CITY OF BOYNTON BEACH, FLORIDA
11
12
13 fayor /.�erry T or
14
/
15 fiTz
16 ice Mayor - Woodro • . ay
17
18 N■
19 Commissioner- D. /n . Merker
20
21 / 0 4
22 C mmissi er - Michael M. Fitzp. (ick
23
24
25 Co missioner - Joe Casello
26
27 ATTEST:
28
29
30 iae&
3 Jet M. Prainito MC
� ity Clerk
/
34
35 (Corporate Seal)
k L)7 Y
36 »W \
38 0 -
,., u ...'
\ \Apps3 City Cbb\ Auto \Data \189 \ Items \181\2633\ 3479\ Reso_- _Pholhps_ Jordan _Debris_Removal_(2013_3_Yr) Doc
3 - /i
'S& .
A Proven r „1`IV Solution
8/30/2013
City of Boynton Beach
222 NE 9th Avenue
Boynton Beach, FL 33425 -0310
RE: Mutual Aid Agreement for Hurricane /Disaster Debris Removal, Reduction and Disposal Services
Agreement No. 13-249 between the Solid Waste Authority of Palm Beach County and Phillips
and Jordan, Inc.
Phillips and Jordan, Inc. (P &J) has been awarded a contract for Hurricane/Disaster Debris Removal,
Redaction and Disposal Services from The Solid Waste Authority of Palm Beach County for the term of
3 years commencing August 21, 2013 until August 20, 2016.
Article 39 (Agreements with other Government Entities) of the agreement (No. 13 -249) states:
The CONTRACTOR agrees that this Agreement constitutes an offer to all State Agencies and
Political Subdivisions of the State of Florida under the same terms and conditions, for the same
prices and for the same effective period as specified in this Agreement; should the
CONTRACTOR deem it in the best interest of their business to do so.
The Agreement in no way restricts or interferes with any State Agency or Political Subdivision of
the State of Florida from re- solicitation.
I would like to extend an offer to the City of Boynton Beach, Florida to enter into an exclusive agreement
with P &J as allowed under the aforementioned Article 39 of said contract. This offer is made at the same
terms and conditions stated in the referenced agreement.
Please return one fully executed original letter upon acceptance.
Sincerely,
PHILLIPS AND JORDAN, INC. ACCEPTED: CITY OF BOYNTON BEACH
*- CULAIti k r
Signature Signature
Dudley Orr / Vice President Lori LaVerriere, City Manager
Pnnted Name / Title Printed Name / Title
C_) - 2e , 20 11- 4- 2013
Date Date
491
7,sigi
SWA
SOLID WASTE AUIHURIIY
AGREEMENT
FOR
HURRICANE / DISASTER DEBRIS
REMOVAL, REDUCTION AND DISPOSAL
BETWEEN
THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
AND
PHILLIPS AND JORDAN, INC.
AGREEMENT NO. 13 -249
i t
TABLE OF CONTENTS
ARTICLE PAGE
1. Effective Date 1
2. Services to be Performed by Contractor 1
3. Compensation 1
4. Insurance 2
5. Standard of Care 3 ,
6. Indemnification 3
7. Independent Contractor 3
8. Authority to Practice 4
9. Compliance with Laws 4
10. Sub - contracting 4
11. Federal and State Taxes 4
12. Availability of Funds 4
13. Authority's Responsibilities 5
14. Default 5
15 Termination for Convenience 5
16. Uncontrollable Forces 5
17. Public Records 6
18. Non - Discrimination 6 ,
19. Waiver 6
20. Severability 6
21. Entirety of Agreement 6
22. Modification 6
23. Successors and Assigns 7
24. Contingent Fees 7
25. Truth -in- Negotiation Certificate 7
26. Ownership of Documents 7
27. Access and Audits 7
28. Notice 8
29. Contract Administration 8
30. Key Personnel 8
31. Confidentiality 9
32. Escalation Clause 9
33. Order of Agreement Activation/Location Assignment 9
34. Task Order/Performance 9
35. Bonds 10
36. Small Business Enterprise (SBE) 10
37 Scrutinized Companies 10
38. Office of Inspector General 10
39. Agreements with other Governmental Entities 11
40. Florida Highway Administration (FHWA) Form 1273 11
41. Buy America Requirements 11
42. Disadvantaged Business Enterprises 11
43. Certification Regarding Suspension and Debarment 12
44. Access to Records and their Retention 12
45. Audit Requirements 13
Agreement No. 13 -249 i
ARTICLE PAGE
46. National Environmental Policy Act (NEPA) 13
47. Americans with Disabilities Act 13
48. Compliance with Title VI, Title VII and other
Federal Laws & Regulations 13
49. Convict Labor Prohibition 13
50. Certification Regarding Lobbying Activities 13
Agreement Execution 14
EXIIIBITS
A. Statement of Work 15
1. Project Description and Requirements 15
2. Background 15
3. Scope of Work/Overview 18
4. Miscellaneous Requirements 25
5. Performance of Contractor 26
B. Fee Schedule 28
C. Debris Zones and Potential Temporary Debris Sites Map 30
D. Location of Publicly Owned Debris Management Sites 31
E. Small Business Enterprise (SBE) Plan 32
F. Task Order 33
G. FEMA 322 Public Assistance Guide 34
H. Mobilization Schedule 35
1. FHWA Forn1 1273 36
J. Buy America Requirements 47
K. Performance & Payment Bond 48
Agreement No. 13 -249 ii
HURRICANE / DISASTER DEBRIS
REMOVAL, REDUCTION AND DISPOSAL
AGREEMENT NO, 13 -249
THIS 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
Philips and Jordan, Inc. (hereinafter referred to as CONTRACTOR), a North Carolina Corporation,
whose Federal Employer Identification Number is 56- 0694573.
WHEREAS, AUTHORITY requires the removal, reduction, and disposal of hurricane /disaster debris; and,
WHEREAS, CONTRACTOR represents it is capable and prepared to provide such services.
Now, THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1
ARTICLE 1- EFFECTIVE DATE
The term of this Agreement shall commence on August 21, 2013 and shall continue until August 20,
2016 unless otherwise terminated as provided herein. The AUTHORITY shall have the option of
extending the Agreement until April 20, 2020 at the same terms and conditions with approval from the
AUTHORITY's Governing Board. Such extension shall be in the form of a written Amendment to the
Agreement executed by both parties. The continuance of this Agreement may be contingent upon a
review of the fiscal (bankruptcy, etc), logistical (equipment availability, etc.), and moral (conviction for
environmental crime, conviction for crime against a public entity, etc.) responsibility of the
CONTRACTOR and a determination by the AUTHORITY, based on this review, of whether or not the '
CONTRACTOR continues to be a viable firm to provide the services described in this Contract.
ARTICLE 2 - SERVICES TO BE PERFORMED BY CONTRACTOR
CONTRACTOR shall perform the services as stated in the Statement of Work, Exhibit A, as may be
specifically authorized by the AUTHORITY. Such authorization will be referred to as Task Order,
Exhibit F. Each Task Order will set forth a specific scope of services, rate /amount of compensation,
completion date, and other pertinent details of the task being authorized. The AUTHORITY, by virtue of
this Agreement, gives the CONTRACTOR no guarantee of any work/services or any specific amount of
work/services that may be accomplished during the period this Agreement is in full force and effect.
ARTICLE 3 - COMPENSATION
3.1 - GENERAL
AUTHORITY shall pay CONTRACTOR in accordance with Fee Schedule, Exhibit B, which is attached
hereto and incorporated by reference as part of this Agreement. If needed, compensation may be
negotiated as a lump sum or not -to- exceed amount for any Task Order containing a task covered by the
scope of work of this Agreement but to which the Fee Schedule cannot readily be applied.
The AUTHORITY reserves the right to renegotiate Fee schedule, Exhibit B in the event there is a need
for more than one CONTRACTOR to be mobilized.
Agreement No. 13 -249 - 1 -
CONTRACTOR shall submit semi - monthly invoices for services rendered. Invoices must reference the
Task Order number. Invoices shall include a statement of progress and appropriate audit quality detail to
satisfy FEMA requirements.
Payment of CONTRACTOR by AUTHORITY is not contingent upon the AUTHORITY being
reimbursed by the Federal Emergency Management Agency. Payment to CONTRACTOR will be made
for any work directed by the AUTHORITY which is determined by Federal and State agencies to be
ineligible for reimbursement.
Each individual invoice shall be due and payable thirty (30) days after receipt of correct, fully
documented, invoice by the AUTHORITY. 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
"Final Invoice" on the CONTRACTOR'S final/last billing to the AUTHORITY. This certifies that all
services have been properly performed and all charges and costs have been invoiced to the
AUTHORITY. Since this account will thereupon be closed, any and other further charges if not properly
included on this final invoice are waived by the CONTRACTOR.
The AUTHORITY will retain 5% of the payment under each Task Order until such time as the entire
project is completed to the AUTHORITY'S satisfaction and all sub - contractors and any material
suppliers verify that they have been paid.
ARTICLE 4 - INSURANCE
During the performance of the Services under this Agreement, CONTRACTOR shall maintain the
following insurance policies, and be written by an insurance company authorized to do business in
Florida.
1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for
each occurrence, and with property damage limits of not less than $1,000,000 for
each occurrence.
2. Automobile Liability Insurance with bodily injury limits of not less than $5,000,000
for each person and not less than $5,000,000 for each accident and with property
damage limits of not less than $5,000,000 for each accident.
3. Workers' Compensation Insurance in accordance with statutory requirements and
Employer's Liability Insurance with limits of not less than $500,000 for each
accident, $500,000 for each disease, and $500,000 aggregate.
4. Excess Liability Insurance with limits of not less than $10,000,000 for each
occurrence and annual aggregate.
Deductible amounts shall not exceed 5% of the total amount of required insurance in each category.
Should any policy contain any unusual exclusions, said exclusions shall be so indicated on the
certificate(s) of insurance.
Agreement No. 13 -249 - 2 -
CONTRACTOR shall furnish AUTHORITY certificates of insurance which shall include a provision
that policy cancellation, non - renewal or reduction of coverage will not be effective until at least thirty
(30) days written notice has been made to the AUTHORITY.
CONTRACTOR shall include AUTHORITY as an additional insured on the General Liability, Excess
Liability, and Automobile Liability insurance policy required 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.
In the event that sub - contractors used by the CONTRACTOR do not have insurance, or do not meet the
insurance limits, CONTRACTOR shall indemnify and hold harmless the AUTHORITY for any claim in
excess of the sub - contractors insurance coverage.
The CONTRACTOR shall not commence work under this Agreement until all insurance required as
stated herein has been obtained and such insurance has been approved by the AUTHORITY.
ARTICLE 5 - STANDARD OF CARE
CONTRACTOR shall exercise the same degree of care, skill, and diligence in the performance of the
Services as is ordinarily provided by a comparable professional under similar circumstances and
CONTRACTOR shall, at no additional cost to AUTHORITY, re- perform services which fail to satisfy
the foregoing standard of care.
The CONTRACTOR warrants that all services shall be performed by skilled and competent personnel to
the highest professional standards in the field.
ARTICLE 6 - INDEMNIFICATION
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the performance of the services
and in consideration of the promises included herein, AUTHORITY and CONSULTANT agree to
allocate such liabilities in accordance with this Article 6.
6.2 INDEMNIFICATION
The CONTRACTOR shall indemnify and hold harmless the AUTHORITY, and its officers and
employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance
of the Agreement.
6.3 SURVIVAL
Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of
termination of this Agreement for any reason, the terms and conditions of this Article shall survive.
ARTICLE 7 - INDEPENDENT CONTRACTOR
The CONTRACTOR is, and shall be, in the performance of all work services and activities under this
Agreement, an Independent Contractor, and not an employee, agent, or servant of the AUTHORITY. All
persons engaged in any of the work or services performed pursuant to this Agreement shall at all times,
and in all places, be subject to the CONTRACTOR 'S sole direction, supervision, and control. The
Agreement No. 13 -249 - 3 -
CONTRACTOR shall exercise control over the means and manner in which it and its employees perform
the work, and in all respects the CONTRACTOR 'S relationship and the relationship of its employees to
the AUTHORITY shall be that of an Independent Contractor and not as employees or agents of the
AUTHORITY.
The CONTRACTOR does not have the power or authority to bind the AUTHORITY in any promise,
agreement or representation other than specifically provided for in this Agreement.
The CONTRACTOR shall not pledge the AUTHORITY'S credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. The
CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this Agreement.
ARTICLE 8 - AUTHORITY TO PRACTICE
The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all licenses
and approvals required to conduct its business, and that it will at all times conduct its business activities
in a reputable manner.
ARTICLE 9 - COMPLIANCE WITH LAWS
In performance of the Services, CONTRACTOR will comply with applicable regulatory requirements
including federal, state, special district, and local laws, rules, regulations, orders, codes, criteria and
standards.
ARTICLE 10 - SUB - CONTRACTING
The AUTHORITY reserves the right to accept the use of a sub - contractor or to reject the selection of a
particular sub - contractor and to inspect all facilities of any sub - contractor to perform properly under this
Agreement. Rejection of any sub - contractor will be based on, but not limited to, negative references,
insufficient resources, or conviction of a Public Entity Crime.
If a sub - contractor fails to perform 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 the new 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 shall not
be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with the
AUTHORITY, nor shall the CONTRACTOR be authorized to use the AUTHORITY'S Tax Exemption
Number in securing such materials.
ARTICLE 12 - AVAILABILITY OF FUNDS
The obligations of the AUTHORITY under this Agreement are subject to the availability of funds
lawfully appropriated for its purpose by the Board of the Solid Waste Authority of Palm Beach County.
Agreement No. 13 -249 - 4 -
ARTICLE 13 - AUTHORITY'S RESPONSIBILITIES
AUTHORITY shall be responsible for providing access to all project sites, and providing information on
hand required by CONTRACTOR that is available in the files of the AUTHORITY.
ARTICLE 14 - DEFAULT
The AUTHORITY may, by written notice of default to the CONTRACTOR, terminate the Agreement in
whole or in part if the CONTRACTOR fails to satisfactorily perform any provisions of this Agreement,
or fails to make progress so as to endanger performance under the terms and conditions of this
Agreement, or provides repeated non - performance, or does not remedy such failure within a period of ten
(10) days (or such period as the Director of Purchasing Services may authorize in writing) after receipt of
notice from the Director of Purchasing Services specifying such failure. In the event the AUTHORITY
terminates this Agreement in whole or in part because of default of the CONTRACTOR, the
AUTHORITY may procure goods and /or services similar to those terminated, and the CONTRACTOR
shall be liable for any excess costs incurred due to this action.
If it is determined that the CONTRACTOR was not in default or that the default was excusable (e.g.,
failure due to causes beyond the control of, or without the fault or negligence of, the CONTRACTOR),
the rights and obligations of the parties shall be those provided in Article 15 — Termination for
Convenience.
ARTICLE 15 — TERMINATION FOR CONVENIENCE
The Director of Purchasing Services may, whenever the interests of the AUTHORITY so require,
terminate the Agreement, in whole or in part, for the convenience of the AUTHORITY. The Director of
Purchasing Services shall give five (5) days prior written notice of termination to the CONTRACTOR,
specifying the portions of the Agreement to be terminated and when the termination is to become
effective. If only portions of the Agreement are terminated, the CONTRACTOR has the right to
withdraw, without adverse action, from the entire Agreement.
Unless directed differently in the Notice of Termination, the CONTRACTOR shall incur no further
obligations in connection with the terminated work, and shall stop work to the extent specified and on the
date given in the Notice of Termination. Additionally, unless directed differently, the successful
CONTRACTOR shall terminate outstanding orders and /or subcontracts related to the terminated work.
Unless the CONTRACTOR is in breach of this Agreement, the CONTRACTOR shall be paid for
services rendered to the AUTHORITY'S satisfaction through the date of termination.
ARTICLE 16 - UNCONTROLLABLE FORCES
Neither the AUTHORITY nor CONTRACTOR shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the
exercise of reasonable diligence, the non - performing party could not avoid. The term "Uncontrollable
Forces" shall mean any event which results in the prevention or delay of performance by a party of its
obligations under this Agreement and which is beyond the reasonable control of the nonperforming party.
It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil
disturbance, sabotage, and governmental actions.
Neither party shall, however, be excused from performance if nonperformance is due to forces which are
preventable, removable, or remediable and which the nonperforming party could have, with the exercise
of reasonable diligence, prevented, removed or remedied with reasonable dispatch. The nonperforming
Agreement No. 13 -249 - 5 -
party shall, within a reasonable time of being prevented or delayed from performance by an
uncontrollable force, give written notice to the other party describing the circumstances and
uncontrollable forces preventing continued performance of the obligations of this Agreement.
ARTICLE 17 — PUBLIC RECORDS
The CONTRACTOR shall comply with the applicable provisions of Chapter 119, Florida Statutes
(Public Records Law) for records related to this Agreement.
ARTICLE 18 - NON - DISCRIMINATION
CONTRACTOR assures and certifies that it shall comply with Title VII of the Civil Rights Act of 1964,
as amended, and shall not discriminate against any individual on the basis of their race, color, national
origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or gender
identity or expression.
ARTICLE 19 - WAIVER
A waiver by either AUTHORITY or CONTRACTOR of any breach of this Agreement shall not be
binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a
waiver shall not affect the waiving party's rights with respect to any other or further breach. The making
or acceptance of a payment by either party with knowledge of the existence of a default or breach shall
not operate or be construed to operate as a waiver of any subsequent default or breach.
ARTICLE 20 - SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any
event rendering any portion or provision of this Agreement void, shall in no way affect the validity or
enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed
severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the
Agreement did not contain the particular portion or provision held to be void. The parties further agree
to reform the Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
The provisions of this section shall not prevent the entire Agreement from being void should a provision
which is of the essence of the Agreement be determined to be void.
ARTICLE 21 - ENTIRETY OF AGREEMENT
The AUTHORITY and the CONTRACTOR agree that this Agreement sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated herein. This
Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters or
other communications between the AUTHORITY and CONTRACTOR pertaining to the Services,
whether written or oral. None of the provisions, terms and conditions contained in this Agreement may
be added to, modified, superseded or otherwise altered except by written instrument executed by the
parties hereto.
ARTICLE 22 - MODIFICATION
The Agreement may not be modified unless such modifications are evidenced in writing signed by both
AUTHORITY and CONTRACTOR. Such modifications shall be in the form of a written Amendment
executed by both parties.
Agreement No. 13 -249 - 6 -
ARTICLE 23 - SUCCESSORS AND ASSIGNS
AUTHORITY and CONTRACTOR each binds itself and its partners, successors, assigns and legal
representatives to the other party to this Agreement and to the partners, successors, executors,
administrators, assigns, and legal representatives. CONTRACTOR shall not assign this Agreement
without the express written approval of the AUTHORITY via executed amendment.
ARTICLE 24 - CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the CONTRACTOR to solicit or secure this Agreement and that it
has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide
employee working solely for the CONTRACTOR, any fee, commission, percentage, gift or any other
consideration contingent upon or resulting from the award or making of this Agreement.
ARTICLE 25 - TRUTH -IN- NEGOTIATION CERTIFICATE
Execution of this Agreement by the CONTRACTOR shall act as the execution of a truth -in- negotiation
certificate certifying that the wage rates and costs used to determine the compensation provided for in
this Agreement are accurate, complete, and current as of the date of the Agreement.
The said rates and costs shall be adjusted to exclude any significant sums should the AUTHORITY
determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates
or due to inaccurate representations of fees paid to outside contractors. The AUTHORITY shall exercise
its rights under this "Certificate" within one (1) year following payment.
ARTICLE 26 - OWNERSHIP OF DOCUMENTS
CONTRACTOR shall be required to cooperate with other contractors relative to providing information
requested in a timely manner and in the specified form. Any and all documents, records, disks, original
drawings, or other information shall become the property of the AUTHORITY for it's use and /or
distribution as may be deemed appropriate by the AUTHORITY.
ARTICLE 27 - ACCESS AND AUDITS
CONTRACTOR shall maintain financial and program records to justify all charges and costs incurred in
performing the work for at least three (3) years following final payment by the AUTHORITY as Federal
Emergency Management Agency sub - grantee as required by FEMA'S 322 Public Assistance Guide, page
114, as amended, incorporated in this Agreement as Exhibit G. The AUTHORITY shall have access to
such books, records, and documents as required in this section for the purpose of inspection or audit
during normal working business hours at the CONTRACTOR'S place of business.
Agreement No 13 -249 - 7 -
ARTICLE 28 - NOTICE
Any notice, demand, communication, or request required or permitted hereunder shall be in writing and
delivered in person or sent by certified mail, postage prepaid as follows:
As To AUTHORITY
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, Florida 33412
Attention: Executive Director
Office No.: 561 -640 -4000 Fax. No.: 561 -640 -3400
As To CONTRACTOR
Phillips & Jordan, Inc.
6621 Wilbanks Road
Knoxville, Tennessee 37912
Attention: Dudley Orr, Vice President
Office No.: 828 - 479 -3371 Fax. No: 828 - 479 -3010
Notices shall be effective when received at the addresses as specified above. Changes in the respective
addresses to which such notice is to be directed may be made from time to time by either party by written
notice to the other party. Facsimile transmission is acceptable notice effective when received, however,
facsimile transmissions received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will be
deemed received on the next business day. The original of the notice must additionally be mailed as
required herein.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of CONTRACTOR and AUTHORITY.
ARTICLE 29 - CONTRACT ADMINISTRATION
Services of CONTRACTOR shall be under the general direction of Mark Eyeington, Chief Operations
Officer, or his /her successor, who shall act as the AUTHORITY'S representative during the term of the
Agreement.
ARTICLE 30 - KEY PERSONNEL
CONTRACTOR shall notify AUTHORITY in the event of key personnel changes which might affect
this Agreement. Notification shall be made within ten (10) days of said changes. AUTHORITY has the
right to reject proposed changes in key personnel. The following personnel shall be considered key
personnel:
Dudley Orr, Vice President
8940 Gall Blvd., Zephyrhills, Florida 33541
Office No.: 828 - 479 -3371 E -Mail: dorr @pandj.com
Agreement No. 13 -249 - 8 -
ARTICLE 31- CONFIDENTIALITY
No reports, information, computer programs, documentation, and /or data given to, or prepared or
assembled by the CONTRACTOR under this Agreement shall be made available to any individual or
organization by the CONTRACTOR without prior written approval of the Authority.
ARTICLE 32 - ESCALATION CLAUSE
The AUTHORITY acknowledges the fluctuating nature of prices. Therefore, on each annual anniversary
date of the Agreement, the Fee Schedule, Exhibit B may be adjusted based on the following formula of
indices:
Fifty (50) percent of the price will be adjusted by the average monthly percentage change over the twelve
(12) month period ending the May immediately preceding the date for which the price index adjustment
is effective in the Consumer Price Index - Urban Wage Earners and Clerical Workers - U.S. City Average
- Private Transportation (Series ID CWUR0000SAT1, not seasonally adjusted) as published by the
Bureau of Labor Statistics of the U.S. Department of Labor.
Fifty (50) percent of the price will be adjusted by the percentage change in the Average Hourly Earnings
of Production Workers (Series ID CEU2000000008) as published by the Bureau of Labor Statistics of the
U.S. Department of Labor over the one year period ending the May immediately preceding the date for
which the price index adjustment is effective.
In the event that either of these indices is no longer available the parties shall mutually agree to a
replacement index. The value of the adjustment will be determined by the AUTHORITY.
ARTICLE 33 - ORDER OF AGREEMENT ACTIVATION/LOCATION ASSIGNMENT
The CONTRACTORS have entered into contingent Agreements with the AUTHORITY for
Hurricane/Disaster Debris Removal, Reduction and Disposal. The Agreements awarded will be activated
on an as needed basis as solely determined by the AUTHORITY. The AUTHORITY intends to activate
the CONTRACTORS in the order of the Selection Committee ranking, as best meets the needs of the
AUTHORITY The AUTHORITY reserves the sole right to assign /reassign any or all CONTRACTORS
at any time as may be deemed appropriate depending upon the circumstance(s), the event, or any other
condition which may warrant such action.
ARTICLE 34 - TASK ORDER/PERFORMANCE
Task Orders shall be executed bilaterally and the scope of services and format of Task Order shall be
mutually agreed to by the CONTRACTOR and AUTHORITY. Performance will be measured by the
metrics established in each Task Order. After 1/3 and again after 2/3 of the stipulated number of days of
work in the Task Order have elapsed, the CONTRACTOR(s) shall provide a written progress report to
the AUTHORITY for review and acceptance. The AUTHORITY shall have the right to correct for
CONTRACTOR default or underperformance by any means it deems in its best interest.
CONTRACTOR will be required to provide a daily report of quantity of work performed under each
Task Order, The daily report shall be submitted by 11:00 a.m. or earlier the following morning.
Agreement No 13 -249 - 9 -
ARTICLE 35 - BONDS
CONTRACTOR shall maintain a Proposal Bond in the sum of $500,000. The CONTRACTOR'S Proposal
Bond will be returned to the CONTRACTOR in exchange for and acceptance of an appropriate size bond as
determined by the AUTHORITY after assessment of damage and definition of the CONTRACTOR'S scope
of service. In case of hurricane caused damage, a Category I storm would require a $2,000,000 Bond, a
Category IT would require a $4,000,000 Bond, a Category III would require a $6,000,000 Bond, a Category
IV would require an $8,000,000 Bond, and a Category V would require a $10,000,000 Bond. The Bond
required would be a Performance and Payment Bond, Exhibit K. The cost of the Bond is included in the unit
rates in the Fee Schedule, Exhibit B. The CONTRACTOR shall maintain the Proposal Bond in effect
until the Performance and Payment Bond is submitted to and accepted by the AUTHORITY. If the
CONTRACTOR fails to supply a Performance and Payment Bond, the AUTHORITY shall be entitled to
retain the Proposal Bond to rectify the CONTRACTOR'S unacceptable performance. The Proposal Bond
shall be in effect for the entire term of the Contract except for the period(s) of time when a Performance
and Payment Bond is in effect.
ARTICLE 36 - SMALL BUSINESS ENTERPRISE (SBE)
The Governing Board of the AUTHORITY has set 15% as the AUTHORITY'S goal for small business
participation in contracts and purchases. CONTRACTOR'S submitted Plan showing how he /she will
assist the AUTHORITY in achieving this goal is incorporated into this Agreement as Exhibit E. The
AUTHORITY will require periodic documentary proof, acceptable to the AUTHORITY, of the
implementation, progress, and final outcome of the proposed Plan. Failure to implement the Plan, or
achieve reasonable interim progress, or achieve the final goal reflected in the Plan, may be considered by
the AUTHORITY as failure to perform a material provision of this Agreement.
ARTICLE 37 - SCRUTINIZED COMPANIES
As provided in F.S. 287.135, by entering into any Agreement with the AUTHORITY, or performing any
work in furtherance hereof, CONTRACTOR hereby certifies that CONTRACTOR and CONTRACTOR'S
affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not be placed on the
Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran
Petroleum Energy Sector List created pursuant to F.S. 215.473. If the AUTHORITY determines, using
credible information available to the public, that a false certification has been submitted by
CONTRACTOR, this CONTRACTOR may be terminated and a civil penalty equal to the greater of $2
million or twice the amount of this Agreement shall be imposed, pursuant to F.A. 287.135.
ARTICLE 38 — OFFICE OF INSPECTOR GENERAL
Patin Beach County has established the Office of the Inspector General (OIG), Ordinance No. 2009 -049
which is authorized and empowered to review past, present and proposed county contracts, transactions,
accounts and records. The AUTHORITY has entered into an Interlocal Agreement (ILA) for Inspector
General Services. This agreement provides for the Inspector General to provide services to the
AUTHORITY in accordance with the AUTHORITY, functions and powers set out in the Palm Beach
County Office of Inspector General Ordinance. All parties doing business with the AUTHORITY and
receiving AUTHORITY funds shall fully cooperate with the Inspector General including providing
access to records relating to this agreement. The Inspector General has the power to subpoena witnesses,
administer oaths, require the production of records, and audit, investigate, monitor, and inspect the
activities of the CONTRACTOR, its officers, agents, employees, and lobbyists in order to ensure
compliance with contract specifications and detect corruption and fraud. Failure to cooperate with the
Inspector General or interference or impeding any investigation shall be in violation of Ordinance 2009-
049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree
misdemeanor.
Agreement No. 13 -249 - 10 -
ARTICLE 39 - AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES
The CONTRACTOR agrees that this Agreement constitutes an offer to all State Agencies and Political
Subdivisions of the State of Florida under the same terms and conditions, for the same prices and for the
same effective period as specified in this Agreement; should the CONTRACTOR deem it in the best
interest•of their business to do so.
The Agreement in no way restricts or interferes with any State Agency or Political Subdivision of the
State of Florida from resolicitation,
ARTICLE 40 - FLORIDA HIGHWAY ADMINISTRATION (FHWA) FORM 1273
This Agreement incorporates all of the provisions set forth in the document commonly known as FHWA
Form 1273, Exhibit I, which is attached hereto and incorporated by reference as part of this Agreement.
The term "contractor," as used in Exhibit I, shall apply to and mean the CONTRACTOR, who may also be
referred to in Exhibit I as the "prime contractor ", "bidder ", "proposer ", "prospective primary participant ",
"prospective participant ", "participant" or the like. The CONTRACTOR will perform the duties and
obligations of the other contracting party regardless of the description or label used in FHWA Form 1273,
Exhibit I.
The CONTRACTOR shall comply with the Davis -Bacon wages rates to the extent applicable to the work
performed under this Agreement. The provisions of the Davis -Bacon Act do not apply to debris removal
work unless such work is done in conjunction with a construction project or "linked" to a particular Federal
highway. Wage rate tables may be found at www.dot.state.fl.us /construction. Said wage rate tables are
incorporated into and made a part of this Agreement by reference.
ARTICLE 41 - BUY AMERICA REQUIREMENTS
The CONTRACTOR agrees to comply with the requirements of the Federal Buy America law (See 23
U.S.C. 313, ISTEA Sections 1041(a) and 1048(a), and FHWA's implementing regulations at 23 CFR
635.410, as they may be amended from time to time), as they relate to Federal -aid contracts and the use of
steel and iron produced in the United States. A description of the requirements of Buy America is set forth
in Exhibit J, which is attached hereto and incorporated by reference as part of this Agreement.
CONTRACTOR shall provide a certification statement regarding the origin of all materials or products
covered under the Buy America provisions and used in its performance of the Agreement in accordance
with the requirements of law and the AUTHORITY, FDOT, FHWA, and FEMA, to the extent applicable.
ARTICLE 42 - DISADVANTAGED BUSINESS ENTERPRISES
This provision shall supplement Article 36 of the Agreement. The Agreement is subject to the requirements
of 49 CFR Part 26, The CONTRACTOR shall not discriminate on the basis of race, color, national origin,
or sex in the performance of the Agreement. The CONTRACTOR shall carry out the applicable
requirements of 49 CFR Part 26 in the award and administration of this U.S. DOT - assisted contract. Failure
by the CONTRACTOR to carry out these requirements is a material breach of Agreement, which may result
in the termination of this Agreement or such other remedy as the AUTHORITY deems appropriate,
including but not limited to the withholding of payments. Each subcontract the CONTRACTOR signs with
a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13.) Upon request, the
CONTRACTOR will provide the AUTHORITY with a copy of each subcontract it enters into.
The CONTRACTOR is required to pay its subcontractors performing work related to this Agreement for
satisfactory performance of that work no later than thirty (30) days after the CONTRACTOR'S receipt of
payment for that work from the AUTHORITY. The CONTRACTOR may not hold any retainage from its
Agreement No. 13 -249 - 11 -
subcontractors unless pursuant to an agreement approved by the AUTHORITY. The CONTRACTOR shall
return all retainage payments withheld within thirty (30) days after the subcontractor's work has been
satisfactorily completed.
The CONTRACTOR shall, on a monthly basis, submit payment certifications, including a certification
regarding their truth and accuracy, for all payments it is seeking and certifications from all subcontractors
indicating who has been paid and how. The certifications shall comply with all Federal and State
requirements regarding the reporting of DBE participation. The CONTRACTOR shall, if required by the
AUTHORITY or FDOT, report its DBE participation monthly on the Equal Opportunity Reporting System
located on the Florida Department of Transportation's (FDOT) website found at
www.dot. state .fl.us /equalopportunityoffice. Audits may be conducted to review payments to DBE
subcontractors. The CONTRACTOR will fully cooperate with the AUTHORITY, FDOT, FHWA or
FEMA regarding the monitoring of subcontractors and payments made thereto.
ARTICLE 43 — CERTIFICATION REGARDING SUSPENSION AND DEBARMENT
This Agreement is a covered transaction for purposes of 49 CFR Part 29. Accordingly, the CONTRACTOR
shall verify that neither the CONTRACTOR, nor its principals, as defined at 49 CFR 29.995, or affiliates, as
defined at 49 CFR 29.905, are excluded or disqualified from participation in this Agreement as defined at 49
CFR 29.940 and 29.945.
The CONTRACTOR agrees to comply with the requirements of 49 CFR 29, Subpart C throughout the term
of this Agreement. The CONTRACTOR must include the requirement to comply with 49 CFR 29, Subpart
C in any lower tier covered transaction it enters into. The CONTRACTOR acknowledges and affirms that
by signing and submitting its bid or proposal, the CONTRACTOR made the certification described in
Section X of the attached FHWA Form 1273, Exhibit I. CONTRACTOR'S certification is a material
representation of fact relied upon by the AUTHORITY. If it is later determined that the CONTRACTOR
knowingly rendered an erroneous certification, in addition to remedies available to the AUTHORITY, the
State or Federal Government may pursue any available remedies, including but not limited to suspension
and /or debarment. The CONTRACTOR further agrees that it will include a provision requiring such
compliance in all of its subcontracts or lower tier covered transactions.
ARTICLE 44 - ACCESS TO RECORDS AND THEIR RETENTION
This provision shall supplement Article 27 of the Agreement. The CONTRACTOR shall maintain
adequate records to justify all charges, expenses, and costs incurred in estimating and performing the
Agreement for at least five (5) years after completion or termination of this Agreement or FDOT's
closure of an "emergency event" with the Florida Division of Emergency Management, whichever comes
last, except in the event of litigation or settlement of claims arising from the performance of the
Agreement, the CONTRACTOR agrees to maintain said records until all litigation, claims, appeals or
exceptions related thereto have been resolved. The records shall be maintained at a location in Palm
Beach County, Florida or such other location in Florida approved by the AUTHORITY.
The CONTRACTOR shall make all of its hooks, records, and other documents related, in any manner to
its or its subcontractors' performance of the Agreement, available to the Authority and any other funding
entity (e.g., FDOT, FHWA, FEMA, the Comptroller General of the U.S. or any of their authorized
representatives) for the purpose of examination, audit, reproduction, excerpts and transcripts, during
normal business hours, at the CONTRACTORS place of business or if CONTRACTOR'S place of
business is not located in Palm Beach County, then at the location for maintenance of records referenced
above. The CONTRACTOR shall also require its subcontractors to make their books, records and
documents available for examination, audit, reproduction, excerpts, and transcripts, for the same duration
and in the same manner, and at or near the same locations required herein of CONTRACTOR.
Agreement No. 13 -249 - 12 -
ARTICLE 45 - AUDIT REQUIREMENTS
This provision shall supplement Article 27 of the Agreement. The CONTRACTOR agrees that audits may
be undertaken of its records related to its performance of the Agreement as may be authorized or required
under OMB Circular A -133, as revised. The CONTRACTOR agrees that it will comply and fully
cooperate with the AUTHORITY and any State and /or Federal funding agency(ies), including but not
limited to FDOT, Florida's Auditor General, 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 Agreement.
ARTICLE 46 - NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)
The CONTRACTOR shall cooperate with the AUTHORITY, FDOT, FHWA and FEMA so as to assure
that all activities related to the performance of this Agreement comply with the requirements of the National
NEPA of 1969, as amended, and the regulations and guidance related thereto.
ARTICLE 47 - AMERICANS WITH DISABILITIES ACT
The CONTRACTOR does hereby represent and certify that it will comply with all of the requirements of
the Americans with Disabilities Act of 1990 (42 USC 12102, et seq,), as it may be amended, and all
applicable implementing regulations of the U.S. DOT, FHWA, FEMA and other Federal -aid agencies.
ARTICLE 48 - COMPLIANCE WITH TITLE VI, TITLE VII AM)
OTHER FEDERAL LAWS AND REGULATIONS
The CONTRACTOR does hereby represent and certify that it will comply with all the requirements
imposed by Title VI of the Civil Rights Act of 1964 and Title VII of the Civil Rights Act of 1968, as they
have been and may be modified from time to time (42 USC 2000d, et. seq. and 3601 et.seq.), and the Age
Discrimination and Employment Act of 1967 and Section 303 of the Age Discrimination Act of 1975, as
amended (42 USC 6102), and all applicable Federal laws and regulations, policies, procedures and
directives of the U.S. DOT, FI-IWA, FEMA, and /or other Federal -aid agencies, as they may be promulgated
and amended from time to time.
ARTICLE 49 - CONVICT LABOR PROHIBITION
The CONTRACTOR does hereby represent and certify that it will comply with the convict labor prohibition
in 23 U.S.C. 114, and all implementing regulations thereto.
ARTICLE 50 - 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. The CONTRACTOR confirms that by signing and
submitting a bid or proposal for the work covered by this Agreement, it made the certification described in
Section XI of the attached FHWA Form 1273, Exhibit I.
Agreement No. 13 -249 - 13 -
IN WITNESS WHEREOF, the Solid Waste Authority of Palm Beach County, and Phillips and Jordan,
Inc. has executed this Agreement all as of the day and year first above written.
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY:
Witness:
1 .O'i % i /,r_ ` i i By
Mark Hammond
Executive Director
2. V-
Approved as to Form and Legal Sufficiency:
B► 1r�I' ha-LA _ L... _
g eneral Counsel to the Auti7rity
PHILLIPS AND JORDAN, INC.:
Attest:
By U P
Corporate Secretary
(Corporate Seal)
Witness: > Name: Mc tk C. Me)-10-1,. P ji )1
1.
(� Title: v i C. R SN
2. w' . V'�'1^" G04va
Agreement No 13 -249 - 14 -
EXHIBIT A
STATEMENT OF WORK
1. Project Description and Requirements
The CONTRACTOR shall remove and lawfully dispose of disaster - generated debris (other than hazardous
materials and household putrescible garbage) from public property and public right -of -ways, and to setup
and operate Temporary Debris Sites in Palm Beach County, Florida, immediately after a hurricane or other
disaster.
The CONTRACTOR submits he /she is capable of efficiently removing large volumes of disaster- generated
debris from a large area in a timely and cost - effective manner and lawfully disposing of all debris. The
CONTRACTOR shall assemble, direct, and manage a work force that can complete the debris management
operations in 120 days or less. The duration of effort/completion dates of all tasks will be determined
jointly by the AUTHORITY and CONTRACTOR. This determination will be set in writing in appropriate
Task Order(s).
The CONTRACTOR shall perform all work in accordance with FEMA guidelines in order to maximize
recovery of reimbursable expenses. This task shall include the provision of audit quality documentation as
required by and acceptable to FEMA for all work accomplished.
The CONTRACTOR may be required, at the AUTHORITY'S discretion, to be under the direction of an
agent of the AUTHORITY.
While intended to cover debris management needs in any major disaster scenario, the primary focus is on
the threat of hurricane damage to Palm Beach County, Florida. The planning standards used for this
Agreement are based on the anticipated impacts of a named storm event or major flood impacting Paim
Beach County, Florida.
The AUTHORITY requires that the Proposal Bond of CONTRACTOR be in effect for the entire term of
the Agreement until a debris generating event occurs and the CONTRACTOR is called to active duty. At
the start of any and all active duty periods the Proposal Bond will be returned to the CONTRACTOR in
exchange for the Performance and Payment Bond which will need to be in effect for the duration of the
active duty period. Under no circumstances shall the CONTRACTOR start work until he /she has supplied
an acceptable Performance and Payment Bond. Refer to the Agreement, Article 35 - Bonds for additional
bonding requirements.
2. Background
2.1 Introduction
The AUTHORITY'S disaster recovery planning includes considerations for removing and processing the
volumes and types of debris expected to be generated by a major disaster such as a hurricane and the
procedures for disposing of that debris. The planning approach is formulated in part on the concept of
strategic pre - positioning of plans and resources necessary for timely, coordinated recovery operations,
including removal of debris from public property and right -of -ways throughout Palm Beach County using
a combination of county, municipal, and CONTRACTOR forces.
The AUTHORITY will execute multiple Agreements to carry out the debris removal and disposal work
for the purpose of having CONTRACTOR(S) immediately available and committed to assisting the
Agreement No. 13 -249 - 15 -
AUTHORITY in the aftermath of a major disaster throughout Palm Beach County. The CONTRACTOR
must have the experience and capability to manage a major workforce with multiple subcontractors and
to cover the expenses associated with a major recovery operation prior to the initial AUTHORITY
payment and between subsequent payments, as well as the capacity to provide the necessary bonds and
insurance. The CONTRACTOR must also have an established management team, an established
network of resources to provide the necessary equipment and personnel, comprehensive debris removal
and volume reduction operations plans, and demonstrable experience in major disaster recovery projects.
The Agreement will be a contingency Agreement that will be activated only in the face of an emergency.
As such, no compensation will accrue to the CONTRACTOR unless and until the Agreement is
activated either in anticipation of a natural disaster or immediately after such disaster.
The CONTRACTOR will be required to participate in certain AUTHORITY directed disaster recovery
training and /or exercises, 1 to 2 days each year, at no cost to the AUTHORITY.
2.2 Planning Standard for Debris Removal and Disposal
The AUTHORITY'S goal is to complete the debris removal and disposal process in 120 days. This
assumes that the entire area of the county will be accessible within that period. Due to the low elevation
and potential for flooding, some areas might not be accessible for several weeks after a major natural
disaster. The CONTRACTOR must be aware that it might not be possible to initiate operations in all
parts of the county simultaneously immediately after a storm.
2.3 Debris Management
Planning for debris management operations is a function of the AUTHORITY as a supporting agency to
the Palm Beach County Department of Engineering and Public Works. The AUTHORITY'S Emergency
Management Coordinator will direct the debris removal and disposal operations.
Each CONTRACTOR will serve as a General CONTRACTOR for the purpose of debris removal and
disposal operations, and will be able to use his /her own and subcontractor resources to meet the
obligations of the Agreement. It is anticipated that the CONTRACTOR will use both local and non -local
subcontractors. Notwithstanding, the CONTRACTOR will make every effort to use fully qualified and
properly equipped local firms, including Small Business Enterprises (SBE), to the maximum extent
practicable.
When a major disaster occurs or is imminent, the AUTHORITY will contact the CONTRACTOR to
advise them of the AUTHORITY'S intent to activate the Agreement(s). Debris removal will generally be
limited to debris in, upon, or brought to county residential private and public streets and roads,
right -of -ways, municipal properties and facilities, and other public sites (this includes debris from
customers assessed for residential solid waste and recycling collection services by the AUTHORITY).
The CONTRACTOR will be responsible for determining the method and manner of debris removal and
lawful disposal operations, consistent with the AUTHORITY'S Debris Management Plan located on
AUTHORITY'S website at www.swa.org/site /hurricane /plans and documents. Disposal of debris will
be at AUTHORITY approved Temporary Debris Sites or landfill sites. The CONTRACTOR will be
responsible for the lawful disposal of all debris and debris- reduction by- products generated at all
Temporary Debris Sites.
When a major disaster occurs or is imminent, the AUTHORITY will initially send out an Alert to the
selected CONTRACTOR(S). This Alert will serve to activate the lines of communication between the
CONTRACTOR representatives and the AUTHORITY. Subsequently, the AUTHORITY will issue the
first Task Order which will authorize the CONTRACTOR to send an Operations Manager to the
AUTHORITY within 24 hours of receiving such Task Order to begin planning for the operations and
Agreement No. 13 -249 - 16 -
1
mobilizing the personnel and equipment as necessary to perform the stipulated work. This first Task
Order will also direct the CONTRACTOR to execute the required Performance and Payment Bond. The
CONTRACTOR should anticipate receiving this first Task Order 24 to 72 hours before projected landfall
of a hurricane /disaster.
The general concept of debris removal operations includes multiple, scheduled passes of each site,
location, or right -of -way. This will allow residents to return to their properties and bring debris to the
private and public right -of -way as recovery progresses. The AUTHORITY will prescribe the specific
schedule to be used after ascertaining the scope and nature of the disaster's impacts.
The AUTHORITY will make every effort to identify strategically located Temporary Debris Sites
throughout the county prior to a natural disaster. Depending upon the severity of the natural disaster,
additional Temporary Debris Sites will be identified as needed.
The CONTRACTOR will operate the Temporary Debris Sites and only CONTRACTOR vehicles and
others specifically authorized by the AUTHORITY will be allowed to use the sites. Only one (1) level of
subcontractor will be allowed to operate the sites. There will be no multi - tiered subcontractors (sub of a
sub) allowed to operate Temporary Debris Sites. The CONTRACTOR is responsible for all activity at
Temporary Debris Sites operated by their subcontractor and must have an employee on site at all times to
oversee daily operations. The locations of publicly owned sites currently under consideration are shown
on Exhibit C. Additional sites (privately owned mostly) may become available as plans develop.
The AUTHORITY may also establish designated homeowner drop -off sites. The CONTRACTOR will
be responsible for removing all eligible debris from those sites daily at the direction of the Emergency
Management Coordinator or designee.
Curbside segregation of debris and disaster - generated or related wastes will be an element of the
AUTHORITY'S disaster recovery program. The debris removal and disposal CONTRACTOR will be
required to aid in the segregation and waste stream management processes. Any Household Hazardous
Waste (HHW) encountered by the debris removal CONTRACTOR is to be set aside. HHW disposal will
be the responsibility of the resident. The AUTHORITY will designate HHW drop -off locations.
1
The following items are considered I IHW for the purpose of this Agreement:
1. Used Oil
2. Batteries
3. Paint
4. Aerosol spray cans
5. Pesticides
6. Antifreeze
7. Fluorescent light bulbs
8. Propane tanks (household size)
The CONTRACTOR will setup a lined containment area and separate any HHW inadvertently delivered
to a Temporary Debris Site.
Commercial and industrial hazardous waste such as chemicals, gas containers, transformers, and any
other form of hazardous or toxic matter will be set aside for collection and disposal by a Hazardous
Materials Removal and Disposal Contractor who will be selected by the AUTHORITY.
Putrescible residential garbage will be collected by AUTHORITY franchise waste haulers and is not to
be collected or transported by CONTRACTOR forces.
Agreement No. 13 -249 - 17 -
3. Scope of Work/Overview
This section is divided into three (3) subsections:
3.1 Debris Removal and Disposal Operations from residential public and private streets, roads
and right -of -ways and delivered to a Temporary Debris Site.
3.2 Temporary Debris Site Operations which includes daily operations as well as reclamation of
the site to its pre -storm condition or as directed by the AUTHORITY Emergency Management
Coordinator.
3.3. Processing, Loading and Hauling Material from Temporary Debris Site to final destination.
Specific work authorizations by the AUTHORITY will be through written Task Orders. Task Orders
will define the job to be accomplished, location of job, time -frame for completion, rates to be used, etc.
Any job with requirements or rates not covered by this Agreement will be negotiated. The AUTHORITY
reserves the right to extend operations on a weekly basis. Task Orders will be executed bilaterally.
Performance will be by the metrics established in the Task Order(s). After 1/3 and again after 2/3 of the
stipulated number of days of work in the Task Order have elapsed, the CONTARCTOR(s) shall provide
written progress report to the AUTHORITY for review and acceptance. The AUTHORITY shall have
the right to correct for CONTRACTOR'S default or underperformance by any means it deems in its best
interest.
The CONTRACTOR shall commence mobilization immediately upon receipt of the mobilization Task
Order meeting the following progress patterns: 48 hours- collection activity within assigned Collection
Service Area. Within ten (10) calendar days CONTRACTOR shall have 100% of all necessary
equipment operating within all Collection Service Areas. This represents a minimum response schedule
and does not restrict an earlier response. Subsequently, the AUTHORITY may issue additional Task
Orders to define more precisely the work to be accomplished or to authorize additional work. The
CONTRACTOR shall perform in accordance with each Task Order in all designated Collection Service
Areas established by the AUTHORITY. Each Task Order will be uniquely and sequentially numbered.
The CONTRACTOR is authorized to collect debris during daylight hours, seven (7) days per week. Any
deviations from this schedule will require AUTHORITY approval.
The CONTRACTOR must be duly licensed to perform the work in accordance with the State of Florida
statutory requirements. The CONTRACTOR shall obtain all permits necessary to complete the work.
The CONTRACTOR shall be responsible for determining what permits are necessary to perform under
the Agreement. Copies of all permits shall be submitted to the AUTHORITY Emergency Management
Coordinator prior to issuance of the first Task Order.
The quantity of work required to complete the Agreement is estimated. The actual effort required may be
more or less than the estimated amount reflected in the RFP No. 13- 240 /MRK. Payment will be made in
accordance with the Fee Schedule, Exhibit B, which is attached hereto and incorporated by reference as
part of the Agreement. The output will be verified by the AUTHORITY Emergency Management
Coordinator in the daily operational report. Should hourly rates be used to pay for certain equipment
then preventative maintenance, not in excess of fifteen (15) minutes in a normal workday, will be paid at
the regular hourly rate. Preventative maintenance or down time resulting from equipment failure, routine
maintenance and fueling that exceeds fifteen (15) minutes will be considered unacceptable work and non-
payment of that time will be rounded off to the half hour of all hours where delays occur. Preventative
maintenance is defined as the usual field maintenance to keep equipment in operating condition without
the use of extensive shop equipment. Fueling of equipment will be considered as part of preventative
maintenance.
Agreement No. 13 -249 - 18 -
The CONTRACTOR shall be responsible for correcting any notices of violations issued as a result of the
CONTRACTOR'S or any subcontractor's actions or operations during the performance of this
Agreement. Corrections for any such violations shall be at no additional cost to the AUTHORITY.
The CONTRACTOR shall conduct the work so as not to interfere with the disaster response and
recovery activities of federal, state or local governments or agencies, or of any public utilities or other
private contractor.
The CONTRACTOR shall provide contact information for all key personnel to the AUTHORITY that
shall include name, phone number, cellular phone number and email address. The CONTRACTOR and
its agents shall respond in a timely manner to all AUTHORITY inquiries at all times.
3.1 Debris Removal and Disposal Operations
3.1.1 General
The purpose of this section is to define the requirements for debris removal and disposal operations after
any catastrophic disaster within Palm Beach County. The AUTHORITY intends to designate zones for
collection of disposal debris, CONTRACTORS will be tasked with a service area(s) for this specific
work.
For work performed on a Time and Materials basis, all hourly equipment rates shall include the cost of
the maintenance, fuel, repairs, overhead, profit, insurance, and all other costs associated with the
equipment including labor and operator.
3.1.2 Services
The CONTRACTOR shall provide equipment, operators and laborers for debris removal operations. The
CONTRACTOR shall provide all labor and materials necessary to fully operate and maintain (including
fuel, oil, grease, and repairs) all equipment under this Agreement.
All rates are to include the cost of protective clothing (to include hardhats and steel -toed boots), fringe
benefits, hand tools, supervision, transportation, lodging and all other costs.
The work shall consist of clearing and removing disaster generated debris as directed by the
AUTHORITY Emergency Management Coordinator. CONTRACTOR shall provide collection
equipment the day following a natural disaster or as directed by the AUTHORITY and shall provide
equipment sufficient to collect a minimum of 50,000 cubic yards of debris per day within ten (10)
calendar days of collection commencement (AUTHORITY'S natural disaster cleanup records show that
ten (10) days' following disaster, 95,000 - 126,000 cubic yards of debris was collected per day). Failure to
provide sufficient equipment necessary to collect required amount may result in the AUTHORITY
entering into a separate agreement with another contractor for debris collection services.
3.1.2.1 Collection of Storm Generated Residential Vegetation
and Construction and Demolition Debris
It is the AUTHORITY'S goal to ensure that Vegetation and Construction /Demolition debris remain
separate task orders for the collection of Vegetation and Construction loads. Mixing of loads by the
CONTRACTOR at the road right -of -way will not be tolerated.
Agreement No. 13 -249 - 19 -
Work may include:
1. First pass to clear debris from emergency evacuation routes, access roads to critical
facilities and all primary roadways.
2. Clearing debris from residential private and public road right -of -ways.
3. Loading the debris.
4. Hauling the debris to an approved Temporary Debris Site or an authorized landfill.
5. Dumping the debris at the Temporary Debris Site or at an authorized landfill.
Debris delivered to a Temporary Debris Site or authorized landfill will be paid based on the price per
cubic yard according to the Fee Schedule, Exhibit B.
3.1.2.2 Hourly Rate Clearing
From 0 -70 hours following a disaster CONTRACTOR, as designated by the AUTHORITY, shall provide
the clearing services on an hourly rate that shall include the following:
1. Clear debris from emergency evacuation routes, access roads to critical facilities,
and primary roadways.
2. Perform emergency removal of debris if needed for life - saving measures.
3. Conduct daily briefings with debris managers and other officials to update progress
and discuss issues.
4. Develop a traffic control plan along potential haul routes and at debris management
and disposal sites.
The CONTRACTOR shall not move from one designated Collection Service Area to another area
without prior approval from the AUTHORITY Emergency Management Coordinator or designee.
CONTRACTORS and /or subcontractors that move to a designated Collection Service Area without prior
AUTHORITY approval may be terminated immediately. The AUTHORITY reserves the right to
relocate CONTRACTOR to other Collection Service Areas based on need and ability to perform required
work at an acceptable level. The AUTHORITY reserves the right to immediately terminate
CONTRACTOR and any subcontractor who fails to provide service in accordance to guidelines set forth
by FEMA, FHWA Form 1273, attached hereto as Exhibit I, and the AUTHORITY.
The AUTHORITY or designee shall forward all claims of damage to the CONTRACTOR daily.
CONTRACTOR shall provide all contact information, including name, phone number, cellular phone
number, fax number and email address, for personnel responsible for resolving all claims of damage.
CONTRACTOR must respond to all claims of damage within 24 hours and resolve within ten (10) calendar
days. Mailboxes must be repaired or replaced within two (2) calendar days. CONTRACTOR is responsible
for all damage caused by his crew and /or subcontractors in the performance of debris removal.
In the event the CONTRACTOR fails to repair damages as a result of the CONTRACTOR'S equipment
failure or negligence within the time provided within this Agreement, the AUTHORITY or designee may
arrange for the repairs and assess the CONTRACTOR for the cost of the repairs and any applicable
administrative charges. Any disputes as to damage responsibility will be presented to the Emergency
Management Coordinator or designee for review. The decision of the Emergency Management Coordinator
or designee will be final.
3.1.3 Equipment
All trucks and equipment must be in compliance with all applicable federal, state, and local rules and
regulations. Trucks used to haul debris must be capable of rapidly dumping their load without the
assistance of other equipment and be equipped with a tailgate that will effectively contain the debris
Agreement No. 13 -249 - 20 -
during transport that will permit the trucks to be filled to capacity. Cyclone fence may be used as
temporary tailgates if they comply with the following specifications:
1. Fencing must be permanently attached to one side of the truck bed.
2. After loading, the fencing must be tied to the other side of the truck bed at
two places with heavy gauge wire.
3. Fencing must extend to the bottom of the bed.
4. After loading, bottom of fencing shall be tight against the bed of the truck
and secured at a minimum of two locations.
5. Solid iron metal bars must be secured to both sides of the fencing.
6. There shall be no hand loaded equipment allowed.
The AUTHORITY or designee shall complete certifications indicating the type of vehicle, make and
model, license plate number, equipment number, and measured maximum volume, in cubic yards, of the
load bed of each piece of equipment utilized to haul debris. The measured volume of each piece of
equipment shall be calculated from actual internal physical measurement performed and certified by the
CONTRACTOR. Maximum volumes may be rounded up to the nearest cubic yard. The reported
measured maximum volume of any load bed shall be the same as shown on the placards affixed to each
piece of equipment. The AUTHORITY reserves the right to re- measure trucks and trailers at any time to
verify reported capacity. If a truck and /or trailer are re- measured and the yardage capacity is determined
to be lower, the lower yardage volume will be retro to the initial load and total volume adjusted
accordingly.
All trucks and trailers utilized in hauling debris shall be equipped with a tailgate that will permit the
vehicle to be loaded to capacity and effectively contain the debris on the vehicle while hauling. If
installed, all sideboard extensions must remain in place throughout the operation, or the vehicle must be
re- measured and remarked. All extensions to the bed are subject to acceptance or rejection by the
AUTHORITY Inspector.
Trucks or equipment designated for use under this Agreement shall not be used for any other work during
working hours. The CONTRACTOR shall not solicit work from private citizens or others to be
performed in the designated Collection Service Area during the period of this Agreement. Under no
circumstance will the CONTRACTOR mix debris hauled for others with debris hauled under this
Agreement. Failure to comply will result in no payment to CONTRACTOR and operator and vehicle
will be declared ineligible to provide any additional emergency debris collection services. Any and all
unapproved changes to placard will result in no payment to CONTRACTOR and operator and vehicle
will be declared ineligible to perform any additional emergency debris collection services.
3.1.4 Securing Debris
The CONTRACTOR shall be responsible for properly and adequately securing debris on each piece of
equipment utilized to haul debris. Prior to leaving the loading site, the CONTRACTOR shall ensure that
each load is secure and trimmed so that no debris extends horizontally beyond the bed of the equipment
in any direction. All loose debris shall be reasonably compacted during loading and secured during
transport Tarps or other coverings shall be provided by the CONTRACTOR to prevent materials from
falling or being blown from the bed. Loads not properly tarped or otherwise covered will not be allowed
to dispose at any AUTHORITY approved Temporary Debris Site which may result in non - payment to
CONTRACTOR.
3.1.5 Equipment Signage
Prior to commencing operations, the AUTHORITY or designee shall affix to each piece of equipment,
signs or markings indicating the Owner Operator's name and a unique equipment identification number.
Agreement No. 13 -249 - 21 -
One sign shall be placed on each side of the equipment. For those trucks, trailers and other equipment
intended to haul debris, the maximum volume, in cubic yards, of the load bed shall also be shown. Each
operator shall keep AUTHORITY certification with them at all times. Placards must remain on both
sides of equipment.
3.1.6 Other Considerations
The CONTRACTOR shall assign and provide an Operations Manager (OM) to the AUTHORITY Debris
Management Center to serve as the principal liaison between the AUTHORITY Emergency Management
Coordinator or designee and the CONTRACTOR'S forces. The assigned OM must be knowledgeable of
all facets of the CONTRACTOR'S operations and have authority in writing to commit the
CONTRACTOR. The OM shall be on call 24 hours per day, seven (7) days per week and shall have
electronic linkage capability for transmitting and receiving relevant contractual information and make
arrangements for onsite accommodations. This linkage shall provide immediate contact via cell phone,
Fax machine, and have Internet capabilities. The OM will participate in daily meetings and disaster
exercises, functioning as a source to provide essential element information. The OM will report to the
AUTHORITY Emergency Management Coordinator or designee. This position will not require constant
presence; rather the OM will be required to be physically capable of responding to the AUTHORITY
Emergency Management Coordinator within 30 minutes of notification.
The CONTRACTOR shall be responsible for control of pedestrian and vehicular traffic in the work area.
At a minimum, one flag person should be posted at each approach to the work area.
The CONTRACTOR shall supervise and direct the work, using skilled labor and proper equipment for all
tasks. Safety of the CONTRACTOR'S personnel and equipment is the responsibility of the
CONTRACTOR. Additionally, the CONTRACTOR shall pay for all materials, personnel, taxes, and
fees necessary to perform under the terms of this contract.
Payment for debris hauled will be based on the quantity of debris hauled in cubic yards. Debris hauled to
a Temporary Debris Site will require a validated load ticket. Drivers will be given an electronic or paper
load tickets at the loading site by an AUTHORITY loading site monitor. The quantity of debris hauled
will be estimated in cubic yards at the Temporary Debris Site by an AUTHORITY Temporary Debris
Site monitor. The estimated quantity will be recorded on the electronic or paper load ticket. The
AUTHORITY Temporary Debris Site monitor will retain one copy of the paper load ticket and the driver
will retain the remaining copies of the load ticket. Debris being hauled to a permanent landfill will be
paid based on cubic yards recorded on an approved electronic or paper load ticket. Payment will be
made against the CONTRACTOR'S invoice once site monitor and CONTRACTOR load tickets and /or
scale tickets match. Load tickets not properly completed and signed will not be paid.
3.2 Temporary Debris Site Operations
3.2.1 General
The purpose of this section is to define the requirements for Temporary Debris Site Operations after any
catastrophic disaster within Palm Beach County.
The CONTRACTOR shall use only Temporary Debris Sites designated by the AUTHORITY Emergency
Management Coordinator.
The Temporary Debris Site foreman shall direct all dumping operations. Different types of debris shall
be kept in separate piles at the Temporary Debris Site. At a minimum, one flag person shall be posted at
each Temporary Debris Site for traffic control and to direct unmixed loads to proper location (by debris
Agreement No. 13 -249 - 22 -
type) to be dumped. CONTRACTOR shall be responsible for sorting and proper placement of all loads
not dumped in appropriate location which results in mixing the once separated debris at no charge to the
AUTHORITY.
The CONTRACTOR shall begin grinding vegetative debris within five (5) calendar days of Temporary
Debris Site opening date and removing mulch /wood chips within ten (10) calendar days of site opening
date. The CONTRACTOR shall begin removal of Construction and Demolition/mixed debris from
Temporary Debris Site to an approved final destination within five (5) days of site opening date.
3.2.2 Temporary Debris Site Services
3.2.2.1 Site Setup/Preparation and Site Closeout/Restoration
Site setup /preparation and site closeout/restoration shall be compensated on a time and materials basis in '
accordance with the hourly rates provided in the Fee Schedule, Exhibit B, which is attached hereto and
incorporated by reference as part of this Agreement. Site set -up preparation and closeout/restoration
includes: clearing, stripping, hauling, fill placement, constructing /deconstructing processing pads,
limerock or crushed concrete access roads, sodding, and any other similar activity necessary to make the
site usable for its intended purposes and to return the site to its original condition. .
3.2.2.2 Temporary Debris Site Operations and Material Processing
Temporary Debris Site operations and material processing shall be compensated in accordance with the
unit prices provided in the Fee Schedule, Exhibit B. The CONTRACTOR shall provide equipment,
operators, and laborers for Temporary Debris Site operations as specified by Task Order. Unit prices
provided in the Fee Schedule, Exhibit B, shall include all labor and materials necessary to fully operate
and maintain (including fuel, oil, grease, repairs, operator, mobilization, demobilization, overhead, profit,
lodging and insurance) all equipment under this Agreement. Each Inspection Tower shall be equipped
with two (2) portable toilets. Toilets shall be provided immediately upon completion of tower assembly.
CONTRACTOR shall provide a water truck for the purpose of applying to site surface to minimize dust.
The AUTHORITY shall provide a front -load garbage container and collection service of the container at
each Temporary Debris Site. CONTRACTOR shall be responsible for cleaning up all trash and litter
generated on the site from daily operations and depositing into the container for collection. The entrance
roadway and surrounding area within %2 mile of the site's entrance shall be cleaned daily by the
CONTRACTOR. All pre -storm identified sites shall be opened by the CONTRACTOR within three (3)
calendar days after receiving approval from the AUTHORITY to operate the debris site. Failure to open
sites with proper equipment and necessary personnel will result in liquidated damages of $10,000 per
day. All rates shall include the cost of protective clothing (to include hardhats and steel -toed boots),
fringe benefits, hand tools, supervision, transportation, lodging, and any other costs. The work shall
consist of managing the operations of a Temporary Debris Site and performing debris reduction by air
curtain incineration and /or grinding of storm generated debris as directed by the AUTHORITY
Emergency Management Coordinator.
The AUTHORITY plans to use two types of Temporary Debris Sites.
1. Vegetative Temporary Debris Sites will be devoted to the reduction of clean woody
debris by either burning or grinding. The AUTHORITY expects the material to be
recycled and or beneficially re -used if processed by grinding.
2. Depending upon the size and type of devastation the AUTHORITY may require a
separate Construction & Demolition (C &D) staging area, mixed debris staging area and a
separate Household Hazardous Waste staging area. The AUTHORITY requests that
CONTRACTOR implements recycling and or reduction programs to minimize the
quantity of construction debris material to be land filled.
Agreement No. 13-249 - 23 -
Material coming into the Vegetative or C &D Temporary Debris Sites will be measured and paid for by
the cubic yard according to the Fee Schedule, Exhibit B. Material removed and transported from a C &D
Temporary Debris Site will be measured and paid by the cubic yard according to the Fee Schedule,
Exhibit B.
Locations of all Temporary Debris Sites will be provided by the AUTHORITY. The AUTHORITY
Emergency Management Coordinator must approve site improvements before work begins and any costs,
other than those in the Fee Schedule, Exhibit B, that might have been negotiated under a Task Order shall
be documented for payment.
Material processed at a Temporary Debris Site by either grinding or burning will be measured using
cubic yards from incoming load tickets. Material entering a Publicly Owned Debris Management Site,
Exhibit D will be deposited in manageable piles.
3.2.3 Reporting
The CONTRACTOR shall submit a report to the AUTHORITY Emergency Management Coordinator or
designee by close of business each day of the term of the Task Order. Each report shall contain, at a
minimum, the following information:
1. Contractor's Name
2. Contract Number
3. Daily and cumulative hours for each piece of equipment, if appropriate
4. Daily and cumulative hours for personnel, by position, if appropriate
5. Volumes of debris handled
Failure to provide audit quality information by 5:00 p.m. of the following day of operation will subject
CONTRACTOR to non - payment in each instance at the sole discretion of the AUTHORITY.
3.2.4 Other Considerations
The CONTRACTOR shall supervise and direct the work, using skilled labor and proper equipment for all
tasks. Safety of the CONTRACTOR'S personnel and equipment is the responsibility of the
CONTRACTOR. Additionally, the CONTRACTOR shall pay for all materials, personnel, taxes, and fees
necessary to perform under the terms of this contract.
The CONTRACTOR shall be responsible for control of pedestrian and vehicular traffic in the work area.
In the event a Temporary Debris Site must be closed due to CONTRACTOR equipment or operational
failures, CONTRACTOR shall be liable for liquidated damages in the amount of $25,000 per day for
every day the site has to remain closed.
3.2.5 Debris Clearance (for access) from Right -of -Ways and Public Property
The AUTHORITY provides support to Palm Beach County Government for Debris Management, including
the clearance (moving debris from the middle of the road, etc.) of debris from right -of -ways and public
property. Palm Beach County intends to perform debris clearance for access with its own forces or under
existing contractual Agreements between the County and local firms. However, in a significant disaster,
these resources may be insufficient to perform the clearance activities in a timely manner.
This debris clearance is to be considered supplemental and optional service. It is anticipated that debris
clearance activities would be conducted, if needed, on a time and material basis using the rates in the Fee
Schedule, Exhibit B.
Agreement No. 13 -249 - 24 -
3.3 Processing, Loading and Hauling Material
CONTRACTOR shall provide all necessary labor, material and equipment to process, load and haul
wood chips and construction and /or mixed debris from Temporary Debris Sites in Palm Beach County to
final destination for disposal as directed by the AUTHORITY. The AUTHORITY reserves the right to
contract with other firms to process, load and haul wood chips and construction and /or mixed debris to a
final destination as may best meet the needs of the AUTHORITY. All wood chips, construction and /or
mixed debris shall be disposed of in accordance with all Local, State of Florida and Federal guidelines.
CONTRACTOR will provide detailed listing to the AUTHORITY of the following:
1. Quantity (loads and cubic yards)
2. Owner information
1 Site where mulch and construction/demolition debris is disposed, to include
address /GPS location.
4. Miscellaneous Requirements
4.1 Temporary Debris Site Foreman
The Temporary Debris Site foreman must be an employee of the CONTRACTOR and is responsible for
management of all operations of the site to include, traffic control, dumping operations, segregation of
debris, burning, grinding, and safety.
The Temporary Debris Site foreman will be responsible for monitoring and documenting equipment and
labor time and providing the daily operational report to the AUTHORITY Emergency Management
Coordinator or designee.
4.2 Temporary Debris Site Night Foreman
The Temporary Debris Site night foreman must be an employee of the CONTRACTOR and is
responsible for managing all night operations approved by the AUTHORITY.
The Temporary Debris Site night foreman will be responsible for monitoring and documenting
equipment and labor time and providing the daily operational report to the AUTHORITY Emergency
Management Coordinator or designee.
4.3 Temporary Debris Site Management Plan
Once the Temporary Debris Site is identified by the AUTHORITY, the CONTRACTOR will provide a
Site Management Plan.
Three (3) copies of the plan are required. The plan shall be drawn to a scale of 1" = 50' and address the
following functions:
1. Access to site
2, Site preparation - clearing, erosion control, and grading
3. Traffic control procedures
4. Safety
5. Segregation of debris
6. Location of ash disposal area, hazardous material containment area, CONTRACTOR
work area, and inspection tower
7. Location of incineration operations, grinding operation (if required). Burning operations
require a 100 -foot clearance from the stockpile and a 1000 -foot clearance from structures
Agreement No. 13 -249 - 25 -
8. Location of existing structures or sensitive areas requiring protection
4.4 Inspection Tower
The CONTRACTOR shall construct an inspection tower at each Temporary Debris Site within three (3)
calendar days of natural disaster. The tower shall be constructed using pressure treated wood or steel
scaffold. The floor elevation of the tower shall be 10 -feet above the existing ground elevation. The floor
area shall be a minimum 8' by 8', constructed of 2 "x 8" joists, 16" O.C. with 3/4" plywood supported by a
minimum of four 6" x 6" posts. A 4 -foot high wall constructed of 2" x 4" studs and ' /2" plywood shall
protect the perimeter of the floor area. The floor area shall be covered with a roof. The roof shall
provide a minimum of 6' -6" of headroom below the support beams. Steps with a handrail shall provide
access to the tower. Inspection towers must provide a dry area for employees and meet all FEMA OSHA.
requirements.
4.5 Grinding Operation
The CONTRACTOR shall have grinders on site and in operation within 72 hours of natural disaster.
Failure to provide grinder(s) on site in operation within 72 hours shall result in liquidated damages of
$10,000 per day. There shall be no period longer than 24 hours in which grinding activity may stop due
to equipment or operational failure. Failure to provide back -up equipment within 24 hours shall result in
a $2,000 fine per hour per approved hours of grinding operation per day until grinding activity resumes.
4.6 Household Hazardous Waste Containment Area
The CONTRACTOR shall construct a hazardous material containment area at each Temporary Debris
Site. The area shall be 30' x 30'. The perimeter shall be lined with hay bales and staked in place. The
area shall be lined with a heavy gage plastic to provide a waterproof barrier. Additional plastic sufficient
to cover the area is required to prevent rain from entering the containment area. Site run -off must be
redirected from the containment area by site grading.
5. Performance of Contractor
It is the intent of this Agreement to ensure that the CONTRACTOR provides a quality level of services. To
this end, all complaints received by the Emergency Management Coordinator or designee, and reported to
the CONTRACTOR shall be promptly resolved pursuant to the provisions of this Agreement.
The Emergency Management Coordinator or designee may levy administrative charges for the following
infractions:
1. Failure to open pre -storm identified sites within three (3) calendar days after being
tasked by the AUTHORITY shall result in liquidated damages of $10,000 per day for
each day not opened.
2. Closure of Temporary Debris Site due to CONTRACTOR equipment or operational
failures shall result in liquidated damages of $25,000 per day, for each day site must
remain closed.
Failure to provide back -up grinders within 24 hours of equipment breakdown shall result in liquidated
damages of $2,000 fine per hour per approved grinding hours of operation per day.
CONTRACTOR may also be subject to non- payment and liquidated damages of $200 for each of the
following infractions:
1. Failure to provide audit quality information by 5:00 p.m. of the following day of operation.
2. Loads not properly tarped or otherwise covered.
Agreement No, 13 -249 - 26 -
3. Mixing debris hauled from other sources with debris hauled under this Agreement.
4. Mixing vegetation debris with C & D material.
CONTRACTOR may be immediately terminated and not paid for the following:
1. Collection of any non - eligible, non - AUTHORITY approved stumps or debris.
2. Moving to another designated Collection Service Area without prior AUTHORITY
approval.
3. Failure to provide service in accordance to guidelines set forth by FEMA and the
AUTHORITY.
4. Soliciting work from private citizens or others to be performed in the designated
Collection Service Area during the period of this Agreement.
5. Alteration of placards placed on certified trucks and /or trailers.
Any disputes regarding Performance of Contractor will be presented to the Emergency Management
Coordinator or designee for review. The Emergency Management Coordinator or designee shall
complete review and make determination within three (3) calendar days. Decisions of the Emergency
Management Coordinator or designee shall be final.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Agreement No. 13 -249 - 27 -
EXHIBIT B
FEE SCHEDULE
PART A — VOLUME BASED PRICING FOR 3,000,000 CUBIC YARD (CY) DEBRIS DISASTER
ESTIMATED PRICE
ITEM/DESCRIPTION UNIT EXTENSION
QUANTITY PER CY
1.0 Public Property and Right of Way Collection,
Loading and Hauling to a designated Temporary
Debris Site.
A. Vegetation 2,500,000 CY $ 8.25 $ 20,625,000.00
B, Construction Debris / Mixed Debris 500,000 CY $ 8.25 $ 4,125,000.00
2.0 Temporary Debris Site operation to include
placement of monitoring towers, portable toilets,
keeping on -site and adjacent roads area clean of 3,000,000 CY $ 2.25 $ 6,750,000,00
trash and garbage, debris acceptance, pile
management, and phase I reclamation.
3.0 Processing of debris through grinding and /or 2,500,000 CY $ 2.25 $ 5,625,000.00
chipping.
4.0 Loading, hauling and disposing wood chips to final
destination. (This rate includes disposal cost) 1,000,000 CY $ 8.00 $ 8,000,000.00
5.0 Volume reduction through air curtain incineration. 2,500,000 CY $ 0.50 $ 1,250,000.00
6.0 Loading and hauling of construction debris and /or
mixed debris from Temporary Debris site to a
permitted C &D recycling facility or any other
designated Disposal Facility. (This rate shall not
include disposal cost
A. 0 < 20 miles 500,000 CY $ 3.00
B. >20 < 50 miles 500,000 CY $ 4.00
C. >50 < 80 miles 500,000 CY $ 6.00
D. >80 < 110 miles 500,000 CY $ 6.25
E. >110 <_ 200 miles 500,000 CY $ 6.50
AVERAGE: $ 5.15
Item 6,0 A -E
AVERAGE (Item . 500,000 CY = $ 2,575,000.00
TOTAL PRICE: $ 48,950,000.00
(Items 1.0 - 6.0)
Unit Prices, unless otherwise indicated, shall include all labor (operators, laborers, supervisors) and materials
including but not limited to: supplies, equipment maintenance, repairs, repair parts, fuels, lubricants, cellular
phones, transportation, and housing, if required, necessary to accomplish the project. The quantities and
distributions are estimated for the purpose of making an award. Locations of sites, debris quantities, destinations,
material densities, etc. may differ substantially in an actual disaster.
Assumptions. 3,000,000 cubic yards of debris consisting of 2,500,000 cubic yards of vegetation debris and
500,000 cubic yards of mixed debris.
Agreement No. 13 -249 -28-
EXHIBIT B
PART B - HOURLY RATES
Debris Management Site Set -up and Closure and Debris Clearance
for Access - optional use by County and other Governmental Entities
Equipment and Labor Rates
Hourly Hourly Total
Equipment Type Equipment Labor Hourly
Rate Rate Rate
Bobcat Loader $60.00 $35.00 $95.00
'Crew Foreman w/ Cell Phone and Pickup $15.00 $60.00 $75.00
Dozer, Tracked, D5 or similar $65.00 $35.00 $100.00
Dozer, Tracked, D6 or similar $85.00 $35.00 $120.00
Dozer, Tracked, D7 or similar $105.00 $35.00 $140.00
Dozer, Tracked, D8 or similar $145.00 $35.00 $180.00
Dump Truck, 18 CY -20 CY $35.00 $35.00 $70.00
Dump Truck, 21CY -30 CY $35.00 $35.00 $70.00
Generator and Lighting $20.00 $0.00 $20.00
Grader w/ 12' Blade $75.00 $35.00 $110.00
Hydraulic Excavator, 1.5 CY $80.00 $35.00 $115.00
Hydraulic Excavator, 2.5 CY $90.00 $35.00 $125.00
Knuckleboom Loader $115.00 $35.00 $150,00
Laborer w/ Chain Saw $0.00 $45.00 $45.00
Laborer w/ small tools, traffic control, flag person $0.00 $32.00 $32.00
Lowboy Trailer w/ Tractor $85.00 $35.00 $120.00
Operations Manager w/ Cell Phone and Pickup $15.00 $70.00 $85.00
Pickup Truck, .5 Ton $15.00 $0.00 $15.00
Soil Compactor 81 HP+ $75.00 $35,00 $110.00
Soil Compactor to 80 HP $60.00 $35.00 $95.00
Soil Compactor, Towed Unit $35.00 $35.00 $70.00
Truck, Flatbed $35.00 $35.00 $70.00
Tub Grinder, 800 to 1,000 HP $550.00 $0.00 $550.00
Water Truck $45.00 $35.00 $80.00
Wheel Loader, 2.5 CY, 950 or similar $80.00 $35.00 $115.00
Wheel Loader, 3.5 -4.0 CY, 966 or similar $95.00 $35.00 $130.00
Wheel Loader, 4.5 CY, 980 or similar $125.00 $35.00 $150.00
Wheel Loader - Backhoe, 1.0 -1.5 CY $75.00 $35.00 $110.00
Agreement No. 13 -249 -29-
x EXHIBIT C
,. Vlik.A
Indlantown Rd :,, f Awn Qoi
or o�.i
SWA - LL ■
DEBRIS ZONES a
'
and a °�_y,,
POTENTIAL TEMPORARY ��L•�t}��'
DEBRIS SITES o(44 ,0111 � .�}�'
iiiihi, 4"� F =`
Land — ����� I L'
PotentlelTDe's � t�
Q Debris Zone Service Arees
lkil y
Munlclpe Zone L�y'� kt
"" Mecca Farms Isl. h !: P. i,:1111tmes
N ®m ' r . . d,ta1, rkel
° ° ,,� SWA Laiidfillra� a ,..
1 s � WS can ore Dr $ F
0. __ / O r��a_ Al■Pliiii
v 01 ° 80 0 N = halt` 1!ir�l f ' !
,,
County Road 880 20 Mile �J �� - J
Bend Q A� �!
~ r � Ail
n
i Wallis`Rd F
vi Cholee IFipp1
Park
o d F, l
La tana t„t,,2,Ett1
Pm' 1
ijii;loorzit , r , liiiiiiiiiiglAc lin I
N y Ft) I.
. +
N Palm `.. rditt,;
�'� 11
D
� Beach 4
w i, V L 1 '� �I
owns`
5
Clil _ �� i p t Rd l
Mlles
- 0 075 76 3 I6 fi . i� ' �ng®�ba
8 1-• * as
, "l.Ad°L4 �Or
South County i �♦ NE 4 !i�
.,.,.,. "_ ,. "... .o,_" Regional Park ��I;j
IRMA
. 1
EXHIBIT D
LOCATION OF PUBLICLY OWNED DEBRIS MANAGEMENT SITES
Solid Waste Authority Temporary Debris Disposal Sites
a �
SITE LOCATION
Mecca Farms Approximately 1 mile north of Northlake Blvd
on the east side of Seminole Pratt Whitney Rd
Dyer Closed Landfill South of Beeline Hwy on the west side of Haverhill
Road
20 Mile Bend /Palm Beach A e ates * North side of Southern Blvd approximately
g� g 4 miles west of Lion Country Safari
South side of Hooker Highway approximately
Hooker Highway * 1 mile west of the intersection of State Road 80
and 441
Wallis Road Located on the north side of Wallis Road between
Haverhill Road and Military Trail
West of Jog Road on the south side of
Cholee Park Forest Hill Blvd across from the entrance
to Okeeheelee Park
Palm Beach Downs Approximately % mile west of 441 on
West Atlantic Avenue
Take Glades Road west of 441 approximately 2 miles
South County Regional Park to Ponderosa Drive and turn north to the site
* Private Sites used in the past.
Agreement No. 13 -249 -31-
EXHIBIT E
SMALL BUSINESS ENTERPRISE (SBE) PLAN
CONTRACTOR will retain the services of a certified SBE sub- contractor(s) to provide debris removal
and disposal services following activation by the AUTHORITY.
CONTRACTOR will make every effort to meet 15% Small Business Enterprise (SBE) participation.
Agreement No. 13 -249 -32-
EXHIBIT F
SOLID WASTE AUTHORITY Amt„.
OF PALM BEACH COUNTY
7501 North Jog Road
West Palm Beach, Florida 33412 SlkiA
Telephone: 561- 640 -4000 • Fax: 561- 640- 3400L ?UW /,SAJI?�,�ri
TASK ORDER
DISASTER DEBRIS MANAGEMENT
TO
Task Order No.
In accordance with (Contractor) contract, with the
Solid Waste Authority of PBC, Florida, (AUTHORITY) Agreement No. for
Hurricane/Disaster Debris Removal, Reduction, and Disposal dated the
AUTHORITY hereby requests and authorizes the services to be performed on the project as
described below:
Project:
Specific Work to be performed:
Duration of Work (Include Start Date, End Date and Total Calendar Days):
Method of Payment:
Estimated Cost of this Task Order: $
Contractor Signature: Date:
AUTHORITY Signature: Date:
SWA Use Only
SWA Requestor/Monitor: Date:
SWA Dept. Director: Date:
Vendor No.: Account No.: Project:
Purchasing: Budget: Accounting:
i
White /SWA Contract File Green/Purchasing asin Yellow/Debris Contractor Pink/Debris Consultant Gold/Finance File
- 33 -
EXHIBIT G
FEMA 322
PUBLIC ASSISTANCE GUIDE
CHAPTER
PROJECT MANAGEMENT
Project management begins when a disaster occurs and does not end until an applicant has received final
payment for the project. Good project management ensures successful recovery from the disaster,
expedited payment of funds, and more efficient close -outs of PA Program grants.
Record Keeping
It is critical that the applicant establish and maintain accurate records of events and expenditures related
to disaster recovery work. The information required for documentation describes the "who, what, when,
where, why, and how much" for each item of disaster recovery work. The applicant should have a
financial and record keeping system in place that can be used to track these elements. The importance of
maintaining a complete and accurate set of records for each project cannot be over - emphasized. Good
documentation facilitates the project formulation, validation, approval, and funding processes.
All of the documentation pertaining to a project should be filed with the corresponding PW and
maintained by the applicant as the permanent record of the project. These records become the basis for
verification of the accuracy of project cost estimates during validation of small projects, reconciliation of
costs for large projects, and audits.
Applicants should begin the record keeping process before a disaster is declared by the President. To
ensure that work performed both before and after a disaster declaration is well documented, potential
applicants should:
• designate a person to coordinate the compilation and filing of records;
• establish a file for each site where work has been or will be performed; and
• maintain accurate disbursement and accounting records to document the work performed
and the costs incurred.
The Federal Office of Management and Budget requires grant recipients to maintain financial and
program records on file for three years following final payment. Records of grant recipients may be
subject to the provisions of the Single Audit Act, as described on page 117 of this guide. Applicants may
refer to the Applicant Handbook, FEMA 323, for additional information regarding record - keeping.
Agreement No. 13 -249 - -34-
EXHIBIT H
MOBILIZATION SCHEDULE
CONTRACTOR shall commence mobilization of equipment, operators, and laborers immediately upon
receipt of a Mobilization Task Order to meet the progress pattern set below,
Category 1& 2 Category 3 Category 4 Category 5
Within 24 hours 40% 25% 20% 15%
Within 48 hours 80% 40% 35% 25%
Within 72 hours 100% 75% 50% 45%
Within 96 hours 100% 70% 60%
Within 7 days 90% 80%
Within 10 days 100% 90%
Within 14 days 100%
Agreement No. 13 -249 -
EXHIBIT I
Revised May 1, 2012
FHWA -1273
REQUIRED CONTRACT PROVISIONS
FEDERAL -AiD CONSTRUCTION CONTRACTS
General and with the assistance of workers under the contractor's
11 Nondiscrimination immediate superintendence and to all work performed on the
III. Nonsegregated Facilities contract by piecework, station work, or by subcontract.
IV. Davis -Bacon and Related Act Provisions
V Contract Work Hours and Safety Standards Act 3. A breach of any of the stipulations contained In these
Provisions Required Contract Provisions may be sufficient grounds for
VI. Subletting or Assigning the Contract withholding of progress payments, withholding of final
VII Safety; Accident Prevention payment, termination of the contract, suspension / debarment
VIII. False Statements Concerning Highway Projects or any other action determined to be appropriate by the
(X. implementation of Clean Air Act and Federal Water contracting agency and FHWA.
Pollution Control Act
X Compliance with Government wide Suspension and 4. Selection of Labor: During the performance of this contract,
Debarment Requirements the contractor shall not use convict labor for any purpose
Xl. Certification Regarding Use of Contract Funds for within the limits of a construction project on a Federal -aid
Lobbying highway unless it is labor performed by convicts who are on
parole, supervised release, or probation, The term Federal -aid
ATTACHMENTS highway does not include roadways functionally classified as
local roads or rural minor collectors
A Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access H. NONDISCRIMINATION
Road Contracts (Included in Appalachian contracts only)
The provisions of this section related to 23 CFR Part 230 are
1. GENERAL applicable to all Federal -aid construction contracts and to all
related construction subcontracts of $10,000 or more. The
1. Form FHWA -1273 must be physically incorporated In each provisions of 23 CFR Part 230 are not applicable to material
construction contract funded under Title 23 (excluding supply, engineering, or architectural service contracts.
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form In each In addition, the contractor and all subcontractors must comply
subcontract and further require its inclusion in all lower tier with the following policies: Executive Order 11246, 41 CFR 60,
subcontracts (excluding purchase orders, rental agreements 29 CFR 1625 -1627, Title 23 USC Section 140, the
and other agreements for supplies or services). Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
of the Civil Rights Act of 1964, as amended, and related
The applicable requirements of Form FHWA -1273 are regulations Including 49 CFR Parts 21, 26 and 27; and 23
incorporated by reference for work done under any purchase CFR Parts 200, 230, and 633
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any The contractor and all subcontractors must comply with: the
subcontractor, lower -tier subcontractor or service provider. requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
Form FHWA -1273 must be included In all Federal -aid design- the Standard Federal Equal Employment Opportunity
build contracts, in all subcontracts and in lower tier Construction Contract Specifications in 41 CFR 60 -4.3.
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for Note: The U.S. Department of Labor has exclusive authority to
supplies or services). The design- builder shall be responsible determine compliance with Executive Order 11246 and the
for compliance by any subcontractor, lower -tier subcontractor policies of the Secretary of Labor including 41 CFR 60, and 29
or service provider. CFR 1625 -1627 The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Contracting agencies may reference Form FHWA -1273 In bid Title 23 USC Section 140, the Rehabilitation Act of 1973, as
proposal or request for proposal documents, however, the amended (29 USC 794), and Title VI of the Civil Rights Act of
Form FHWA -1273 must be physically Incorporated (not 1964, as amended, and related regulations including 49 CFR
referenced) in all contracts, subcontracts and lower -tier Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633,
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a The following provision is adopted from 23 CFR 230, Appendix
construction contract). A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work 1. Equal Employment Opportunity: Equal employment
performed on the contract by the contractor's own organization opportunity (EEO) requirements not to discriminate and to
Agreement No. 13 -249 -
EXHIBIT I
take affirmative action to assure equal opportunity as set forth d. Notices and posters setting forth the contractor's EEO
under laws, executive orders, rules, regulations (28 CFR 35, policy will be placed In areas readily accessible to employees,
29 CFR 1630, 29 CFR 1625 -1627, 41 CFR 60 and 49 CFR 27) applicants for employment and potential employees
and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant to 23 e. The contractor's EEO policy and the procedures to
U.S C. 140 shall constitute the EEO and specific affirmative implement such policy wit be brought to the attention of
action standards for the contractor's project activities under employees by means of meetings, employee handbooks, or
this contract. The provisions of the Americans with Disabilities other appropriate means.
Act of 1990 (42 U S C. 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by reference in this 4. Recruitment: When advertising for employees, the
contract. In the execution of this contract, the contractor contractor will include in all advertisements for employees the
agrees to comply with the following minimum specific notation: "An Equal Opportunity Employer." All such
requirement activities of EEO. advertisements will be placed in publications having a large
circulation among minorities and women in the area from
a The contractor will work with the contracting agency and which the protect work force would normally be derived.
the Federal Government to ensure that It has made every a. The contractor will, unless precluded by a valid
good faith effort to provide equal opportunity with respect to all bargaining agreement, conduct systematic and direct
of Its terms and conditions of employment and in their review recruitment through public and private employee referral
of activities under the contract sources likely to yield qualified minorities and women, To
meet this requirement, the contractor will Identify sources of
b The contractor will accept as its operating policy the potential minority group employees, and establish with such
following statement: identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
"It Is the policy of this Company to assure that applicants consideration.
are employed, and that employees are treated during
employment, without regard to their race, religion, sex, color, b. In the event the contractor has a valid bargaining
national origin, age or disability. Such action shall include agreement providing for exclusive hiring hall referrals, the
employment, upgrading, demotion, or transfer, recruitment contractor is expected to observe the provisions of that
or recruitment advertising; layoff or termination; rates of pay agreement to the extent that the system meets the
or other forms of compensation, and selection for training, contractor's compliance with EEO contract provisions. Where
including apprenticeship, pre - apprenticeship, and /or on -the- implementation of such an agreement has the effect of
job training " discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
2. EEO Officer: The contractor will designate and make Federal nondiscrimination provisions.
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively c. The contractor will encourage Its present employees to
administering and promoting an active EEO program and who refer minorities and women as applicants for employment.
must be assigned adequate authority and responsibility to do Information and procedures with regard to referring such
so applicants will be discussed with employees.
3. Dissemination of Policy: All members of the contractor's 5. Personnel Actions: Wages, working conditions, and
staff who are authorized to hire, supervise, promote, and employee benefits shall be established and administered, and
discharge employees, or who recommend such action, or who personnel actions of every type, including hiring, upgrading,
are substantially involved In such action, will be made fully promotion, transfer, demotion, layoff, and termination, shall be
cognizant of, and will implement, the contractors EEO policy taken without regard to race, color, religion, sex, national
and contractual responsibilities to provide EEO in each grade origin, age or disability. The following procedures shall be
and classification of employment. To ensure that the above followed:
agreement will be met, the following actions will be taken as a
minimum. a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities
a Periodic meetings of supervisory and personnel office do not Indicate discriminatory treatment of project site
employees will be conducted before the start of work and then personnel.
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be b. The contractor will periodically evaluate the spread of
reviewed and explained The meetings will be conducted by wages paid within each classification to determine any
the EEO Officer evidence of discriminatory wage practices.
b. All new supervisory or personnel office employees will be c. The contractor will periodically review selected personnel
given a thorough indoctrination by the EEO Officer, covering actions in depth to determine whether there Is evidence of
all major aspects of the contractor's EEO obligations within discrimination. Where evidence Is found, the contractor will
thirty days following their reporting for duty with the contractor. promptly take corrective action, If the review Indicates that the
discrimination may extend beyond the actions reviewed, such
c All personnel who are engaged in direct recruitment for corrective action shall include all affected persons
the project will be instructed by the EEO Officer In the
contractor's procedures for locating and hiring minorities and d. The contractor will promptly Investigate all complaints of
women alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
Agreement No. 13 -249 -37-
EXHIBIT I
such complaints, and will take appropriate corrective action vacancies without regard to race, color, religion, sex, national
within a reasonable time If the investigation indicates that the origin, age or disability; making full efforts to obtain qualified
discrimination may affect persons other than the complainant, and /or qualifiable minorities and women. The failure of a
such corrective action shall include such other persons. Upon union to provide sufficient referrals (even though It is obligated
completion of each investigation, the contractor will inform to provide exclusive referrals under the terms of a collective
every complainant of all of their avenues of appeal. bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union
6. Training and Promotion: referral practice prevents the contractor from meeting the
obligations pursuant to Executive Order 11246, as amended,
a. The contractor will assist in locating, qualifying, and and these special provisions, such contractor shall
increasing the skllis of minorities and women who are immediately notify the contracting agency. I
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status 8. Reasonable Accommodation for Applicants / '
employees in the type of trade or Job classification involved, Employees with Disabilities: The contractor must be
familiar with the requirements for and comply with the
b. Consistent with the contractor's work force requirements Americans with Disabilities Act and all rules and regulations
and as permissible under Federal and State regulations, the established there under. Employers must provide reasonable '
contractor shall make full use of training programs, l.e., accommodation In all employment activities unless to do so
apprenticeship, and on- the -job training programs for the would cause an undue hardship.
geographical area of contract performance. In the event a
special provision for training is provided under this contract, 9. Selection of Subcontractors, Procurement of Materials
this subparagraph will be superseded as indicated in the and Leasing of Equipment: The contractor shall not
special provision. The contracting agency may reserve discriminate on the grounds of race, color, religion, sex,
training positions for persons who receive welfare assistance national origin, age or disability in the selection and retention
in accordance with 23 U.S C. 140(a). of subcontractors, including procurement of materials and
leases of equipment. The contractor shall take all necessary
c The contractor will advise employees and applicants for and reasonable steps to ensure nondiscrimination in the
employment of available training programs and entrance administration of this contract.
requirements for each.
a. The contractor shall notify all potential subcontractors
d. The contractor will periodically review the training and and suppliers and lessors of their EEO obligations under this
promotion potential of employees who are minorities and contract.
women and will encourage eligible employees to apply for
such training and promotion. b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good 10. Assurance Required by 49 CFR 26.13(b):
faith efforts to obtain the cooperation of such unions to
Increase opportunities for minorities and women. Actions by a. The requirements of 49 CFR Part 26 and the State
the contractor, either directly or through a contractor's DOT's U.S. DOT - approved DBE program are incorporated by
association acting as agent, will Include the procedures set reference.
forth below:
b. The contractor or subcontractor shall not discriminate on
a. The contractor will use good faith efforts to develop, In the basis of race, color, national origin, or sex in the
cooperation with the unions, joint training programs aimed performance of this contract. The contractor shall carry out
toward qualifying more minorities and women for membership applicable requirements of 49 CFR Part 26 in the award and
In the unions and Increasing the skills of minorities and women administration of DOT - assisted contracts. Failure by the
so that they may qualify for higher paying employment. contractor to carry out these requirements Is a material breach
of this contract, which may result In the termination of this
b The contractor will use good faith efforts to incorporate contract or such other remedy as the contracting agency
an EEO clause into each union agreement to the end that deems appropriate,
such union will be contractually bound to refer applicants
without regard to their race, color, religion, sex, national origin, 11. Records and Reports: The contractor shall keep such
age or disability. records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
c. The contractor is to obtain information as to the referral three years following the date of the final payment to the
practices and policies of the labor union except that to the contractor for all contract work and shall be available at
extent such information Is within the exclusive possession of reasonable times and places for inspection by authorized
the labor union and such labor union refuses to furnish such representatives of the contracting agency and the FHWA.
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have a The records kept by the contractor shall document the
been made to obtain such Information. following:
d. In the event the union is unable to provide the contractor (1) The number and work hours of minority and non -
with a reasonable flow of referrals within the time limit set forth minority group members and women employed in each
In the collective bargaining agreement, the contractor will, work classification on the project;
through independent recruitment efforts, fill the employment
Agreement No. 13 -249 -38-
EXHIBIT I
(2) The progress and efforts being made In cooperation under the Copeland Act (29 CFR part 3)), the full amount of
with unions, when applicable, to increase employment wages and bona fide fringe benefits (or cash equivalents
opportunities for minorities and women; and thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
(3) The progress and efforts being made in locating, hiring, Secretary of Labor which is attached hereto and made a part
training, qualifying, and upgrading minorities and women; hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
b The contractors and subcontractors will submit an annual and mechanics
report to the contracting agency each July for the duration of
the project, indicating the number of minority, women, and Contributions made or costs reasonably anticipated for bona
non - minority group employees currently engaged In each work fide fringe benefits under section 1(b)(2) of the Davis -Bacon
classification required by the contract work. This information Act on behalf of laborers or mechanics are considered wages
Is to be reported on Form FHWA -1391, The staffing data paid to such laborers or mechanics, subject to the provisions
should represent the project work force on board in all or any of paragraph 1.d. of this section; also, regular contributions
part of the last payroll period preceding the end of July, If on- made or costs incurred for more than a weekly period (but not
the-job training is being required by special provision, the less often than quarterly) under plans, funds, or programs
contractor will be required to collect and report training data. which cover the particular weekly period, are deemed to be
The employment data should reflect the work force on board constructively made or incurred during such weekly period.
during all or any part of the last payroll period preceding the Such laborers and mechanics shall be paid the appropriate
end of July wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
M. NONSEGREGATED FACILITIES skill, except as provided in 29 CFR 5 5(a)(4). Laborers or
mechanics performing work in more than one classification
This provision is applicable to all Federal -aid construction may be compensated at the rate specified for each
contracts and to all related construction subcontracts of classification for the time actually worked therein: Provided,
$10,000 or more. That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed. 1
The contractor must ensure that facilities provided for The wage determination (Including any additional classification
employees are provided in such a manner that segregation on and wage rates conformed under paragraph 1.b of this
the basis of race, color, religion, sex, or national origin cannot section) and the Davis -Bacon poster (WH -1321) shall be
result. The contractor may neither require such segregated posted at all times by the contractor and its subcontractors at
use by written or oral policies nor tolerate such use by the site of the work in a prominent and accessible place where
employee custom. The contractor's obligation extends further it can be easily seen by the workers.
to ensure that its employees are not assigned to perform their b. (1) The contracting officer shall require that any
services at any location, under the contractor's control, where class of laborers or mechanics, including helpers, which Is not
the facilities are segregated The term "facilities" includes listed In the wage determination and which Is to be employed
waiting rooms, work areas, restaurants and other eating areas, under the contract shall be classified In conformance with the
time clocks, restrooms, washrooms, locker rooms, and other wage determination. The contracting officer shall approve an
storage or dressing areas, parking lots, drinking fountains, additional classification and wage rate and fringe benefits
recreation or entertainment areas, transportation, and housing therefore only when the following criteria have been met:
provided for employees. The contractor shall provide separate
or single -user restrooms and necessary dressing or sleeping (1) The work to be performed by the classification
areas to assure privacy between sexes. requested is not performed by a classification In the wage
determination; and
IV. DAVIS -BACON AND RELATED ACT PROVISIONS (II) The classification Is utilized in the area by the
This section is applicable to all Federal -aid construction construction Industry; and
projects exceeding $2,000 and to all related subcontracts and (iii) The proposed wage rate, including any bona fide
lower -tier subcontracts (regardless of subcontract size). The fringe benefits, bears a reasonable relationship to the
requirements apply to all projects located within the right-of-
wage rates contained in the wage determination.
way of a roadway that is functionally classified as Federal -aid
highway This excludes roadways functionally classified as (2) If the contractor and the laborers and mechanics to be
local roads or rural minor collectors, which are exempt. employed in the classification (if known), or their
Contracting agencies may elect to apply these requirements to representatives, and the contracting officer agree on the
other projects classification and wage rate (Including the amount
designated for fringe benefits where appropriate), a report of
The following provisions are from the U.S. Department of the action taken shall be sent by the contracting officer to
Labor regulations In 29 CFR 5.5 "Contract provisions and the Administrator of the Wage and Hour Division,
related matters" with minor revisions to conform to the FHWA- Employment Standards Administration, U.S. Department of
1273 format and FHWA program requirements Labor, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or
1. Minimum wages disapprove every additional classification action within 30
a All laborers and mechanics employed or working upon days of receipt and so advise the contracting officer or will
the site of the work, will be paid unconditionally and not less notify the contracting officer within the 30 -day period that
often than once a week, and without subsequent deduction or additional time Is necessary.
rebate on any account (except such payroll deductions as are (3) in the event the contractor, the laborers or mechanics
permitted by regulations issued by the Secretary of Labor to be employed in the classification or their representatives,
Agreement No. 13 -249 -
EXHIBIT I
and the contracting officer do not agree on the proposed Davis -Bacon Act), daily and weekly number of hours worked,
classification and wage rate (including the amount deductions made and actual wages paid Whenever the
designated for fringe benefits, where appropriate), the Secretary of Labor has found under 29 CFR 5.5(a)(1)(Iv) that
contracting officer shall refer the questions, including the the wages of any laborer or mechanic Include the amount of
views of all interested parties and the recommendation of any costs reasonably anticipated in providing benefits under a
the contracting officer, to the Wage and Hour Administrator plan or program described in section 1(b)(2)(B) of the Davis -
for determination. The Wage and Hour Administrator, or an Bacon Act, the contractor shall maintain records which show
authorized representative, will Issue a determination within that the commitment to provide such benefits Is enforceable,
30 days of receipt and so advise the contracting officer or that the plan or program is financially responsible, and that the
will notify the contracting officer within the 30 -day period that plan or program has been communicated in writing to the
additional time is necessary laborers or mechanics affected, and records which show the
(4) The wage rate (including fringe benefits where costs anticipated or the actual cost Incurred In providing such
appropriate) determined pursuant to paragraphs 1.b.(2) or benefits. Contractors employing apprentices or trainees under
1 b (3) of thls section, shall be paid to all workers performing approved programs shall maintain written evidence of the
work In the classification under this contract from the first registration of apprenticeship programs and certification of
day on which work is performed in the classification. trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed In the
c Whenever the minimum wage rate prescribed in the applicable programs.
contract for a class of laborers or mechanics includes a fringe b. (1) The contractor shall submit weekly for each week in
benefit which is not expressed as an hourly rate, the which any contract work is performed a copy of all payrolls to
contractor shall either pay the benefit as stated in the wage the contracting agency. The payrolls submitted shall set out
determination or shall pay another bona fide fringe beneflt or accurately and completely all of the information required to be
an hourly cash equivalent thereof. maintained under 29 CFR 5.5(a)(3)(1), except that full social
security numbers and home addresses shall not be Included
d. If the contractor does not make payments to a trustee or on weekly transmittals. Instead the payrolls shall only need to
other third person, the contractor may consider as part of the include an Individually Identifying number for each employee (
wages of any laborer or mechanic the amount of any costs e.g. , the last four digits of the employee's social security
reasonably anticipated In providing bona fide fringe benefits number). The required weekly payroll information may be
under a plan or program, Provided, That the Secretary of submitted in any form desired. Optional Form WH -347 is
Labor has found, upon the written request of the contractor, available for this purpose from the Wage and Hour Division
that the applicable standards of the Davis -Bacon Act have Web site at http: / /www.dol.gov /esa /whd /forms /wh347lnstr.htm
been met. The Secretary of Labor may require the contractor or its successor site. The prime contractor is responsible for
to set aside in a separate account assets for the meeting of the submission of copies of payrolls by all subcontractors,
obligations under the plan or program. Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
2. Withholding and shall provide them upon request to the contracting agency
The contracting agency shall upon Its own action or upon for transmission to the State DOT, the FHWA or the Wage ,
written request of an authorized representative of the and Hour Division of the Department of Labor for purposes of
Department of Labor, withhold or cause to be withheld from an investigation or audit of compliance with prevailing wage
the contractor under this contract, or any other Federal requirements, It Is not a violation of this section for a prime
contract with the same prime contractor, or any other contractor to require a subcontractor to provide addresses and
federally - assisted contract subject to Davis -Bacon prevailing social security numbers to the prime contractor for its own
wage requirements, which is held by the same prime records, without weekly submission to the contracting agency..
contractor, so much of the accrued payments or advances as
may be considered necessary to pay laborers and mechanics, (2) Each payroll submitted shall be accompanied by a
including apprentices, trainees, and helpers, employed by the "Statement of Compliance," signed by the contractor or
contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the
required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall
laborer or mechanic, including any apprentice, trainee, or certify the following:
helper, employed or working on the site of the work, all or part (1) That the payroll for the payroll period contains the
of the wages required by the contract, the contracting agency information required to be provided under §5 5 (a)(3)(II) of
may, after written notice to the contractor, take such action as Regulations, 29 CFR part 5, the appropriate information Is
may be necessary to cause the suspension of any further being maintained under §5.5 (a)(3)(i) of Regulations, 29
payment, advance, or guarantee of funds until such violations CFR part 5, and that such information is correct and
have ceased.
complete;
3. Payrolls and basic records
01) That each laborer or mechanic (including each
a. Payrolls and basic records relating thereto shall be helper, apprentice, and trainee) employed on the contract
maintained by the contractor during the course of the work and during the payroll period has been paid the full weekly
preserved for a period of three years thereafter for all laborers wages earned, without rebate, either directly or indirectly,
and mechanics working at the site of the work. Such records and that no deductions have been made either directly or
shall contain the name, address, and social security number of indirectly from the full wages earned, other than
each such worker, his or her correct classification, hourly rates permissible deductions as set forth in Regulations, 29
of wages paid (Including rates of contributions or costs CFR part 3;
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described In section 1(b)(2)(B) of the
Agreement No. 13 -249 -
EXHIBIT I
(ui) That each laborer or mechanic has been paid not Every apprentice must be paid at not less than the rate
less than the applicable wage rates and fringe benefits or specified in the registered program for the apprentice's level of
cash equivalents for the classification of work performed, progress, expressed as a percentage of the journeymen hourly
as specified in the applicable wage determination rate specified in the applicable wage determination.
Incorporated into the contract. Apprentices shall be pald fringe benefits in accordance with
(3) The weekly submission of a properly executed the provisions of the apprenticeship program. If the
certification set forth on the reverse side of Optional Form apprenticeship program does not specify fringe benefits,
WH -347 shall satisfy the requirement for submission of the apprentices must be paid the full amount of fringe benefits
"Statement of Compliance" required by paragraph 3 b.(2) of listed on the wage determination for the applicable
classification. If the Administrator determines that a different
this section. practice prevails for the applicable apprentice classification,
(4) The falsification of any of the above certifications fringes shall be paid in accordance with that determination.
may subject the contractor or subcontractor to civil or
criminal prosecution under section 1001 of title 18 and In the event the Office of Apprenticeship Training, Employer
section 231 of title 31 of the United States Code. and Labor Services, or a State Apprenticeship Agency
c The contractor or subcontractor shall make the records recognized by the Office, withdraws approval of an
required under paragraph 3 a of this section available for apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
inspection, copying, or transcription by authorized predetermined rate for the work performed until an acceptable
representatives of the contracting agency, the State DOT, the program is approved.
FHWA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours b. Trainees (programs of the USDOL).
on the job. If the contractor or subcontractor fails to submit the Except as provided In 29 CFR 5.16, trainees will not be
required records or to make them available, the FHWA may, permitted to work at less than the predetermined rate for the
after written notice to the contractor, the contracting agency or work performed unless they are employed pursuant to and
the State DOT, take such action as may be necessary to individually registered in a program which has received prior
cause the suspension of any further payment, advance, or approval, evidenced by fomtal certification by the U.S.
guarantee of funds. Furthermore, failure to submit the required Department of Labor, Employment and Training
records upon request or to make such records available may Administration.
be grounds for debarment action pursuant to 29 CFR 5 12.
The ratio of trainees to journeymen on the Job site shall not be
4. Apprentices and trainees greater than permitted under the plan approved by the
a. Apprentices (programs of the USDOL) Employment and Training Administration.
Apprentices will be permitted to work at less than the Every trainee must be paid at not less than the rate specified
predetermined rate for the work they performed when they are in the approved program for the trainee's level of progress,
employed pursuant to and individually registered in a bona fide expressed as a percentage of the joumeyman hourly rate
apprenticeship program registered with the U.S. Department specified in the applicable wage determination. Trainees shall
of Labor, Employment and Training Administration, Office of be paid fringe benefits in accordance with the provisions of the
Apprenticeship Training, Employer and Labor Services, or with trainee program. If the trainee program does not mention
a State Apprenticeship Agency recognized by the Office, or if fringe benefits, trainees shall be paid the full amount of fringe
a person is employed in his or her first 90 days of probationary benefits listed on the wage determination unless the
employment as an apprentice in such an apprenticeship Administrator of the Wage and Hour Division determines that
program, who Is not individually registered in the program, but there is an apprenticeship program associated with the
who has been certified by the Office of Apprenticeship corresponding journeyman wage rate on the wage
Training, Employer and Labor Services or a State determination which provides for less than full fringe benefits
Apprenticeship Agency (where appropriate) to be eligible for for apprentices. Any employee listed on the payroll at a trainee
probationary employment as an apprentice. rate who is not registered and participating In a training plan
approved by the Employment and Training Administration
The allowable ratio of apprentices to journeymen on the job
shall be paid not less than the applicable wage rate on the
site in any craft classification shall not be greater than the ratio wage determination for the classification of work actually
permitted to the contractor as to the entire work force under performed. In addition, any trainee performing work on the job
the registered program. Any worker listed on a payroll at an site in excess of the ratio permitted under the registered
apprentice wage rate, who is not registered or otherwise program shall be paid not less than the applicable wage rate
employed as stated above, shall be paid not less than the on the wage determination for the work actually performed.
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any In the event the Employment and Training Administration
apprentice performing work on the job site in excess of the withdraws approval of a training program, the contractor will no
ratio permitted under the registered program shall be paid not longer be permitted to utilize trainees at less than the
less than the applicable wage rate on the wage determination applicable predetermined rate for the work performed until an
for the work actually performed. Where a contractor is acceptable program is approved.
performing construction on a project in a locality other than c. Equal employment opportunity. The utilization of
that in which its program Is registered, the ratios and wage apprentices, trainees and journeymen under this part shall be
rates (expressed in percentages of the journeyman's hourly i conformity with the equal employment opportunity
rate) specified In the contractor's or subcontractor's re requirements of Executive Order 11246, as amended, and 29
program shall be observed. CFR part 30
d. Apprentices and Trainees (programs of the U S DOT).
Agreement No. 13 -249 -41-
EXHIBIT I
Apprentices and trainees working under apprenticeship and or Involve the employment of laborers or mechanics shall
skill training programs which have been certified by the require or permit any such laborer or mechanic in any
Secretary of Transportation as promoting EEO in connection workweek In which he or she Is employed on such work to
with Federal -aid highway construction programs are not work In excess of forty hours In such workweek unless such
subject to the requirements of paragraph 4 of this Section IV. laborer or mechanic receives compensation at a rate not less
The straight time hourly wage rates for apprentices and than one and one -half times the basic rate of pay for all hours
trainees under such programs will be established by the worked In excess of forty hours in such workweek.
particular programs. The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of 2. Violation; liability for unpaid wages; liquidated
the particular program. damages. In the event of any violation of the clause set forth
5. Compliance with Copeland Act requirements. The in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefore shall be liable for the
contractor shall comply with the requirements of 29 CFR part unpaid wages. In addition, such contractor and subcontractor
3, which are Incorporated by reference in this contract. shall be liable to the United States (in the case of work done
6. Subcontracts. The contractor or subcontractor shall insert under contract for the District of Columbia or a territory, to
Form FHWA -1273 in any subcontracts and also require the such District or to such territory), for liquidated damages. Such
subcontractors to include Form FHWA -1273 in any lower tier liquidated damages shall be computed with respect to each
subcontracts The prime contractor shall be responsible for the individual laborer or mechanic, Including watchmen and
compliance by any subcontractor or lower tier subcontractor guards, employed in violation of the clause set forth in
with all the contract clauses In 29 CFR 5.5. paragraph (1.) of this section, in the sum of $10 for each
7. Contract termination: debarment. A breach of the calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
contract clauses In 29 CFR 5.5 may be grounds for hours without payment of the overtime wages required by the
termination of the contract, and for debarment as a contractor clause set forth In paragraph (1.) of this section.
and a subcontractor as provided in 29 CFR 5.12.
3. Withholding for unpaid wages and Liquidated damages.
8. Compliance with Davis -Bacon and Related Act The FHWA or the contacting agency shall upon its own action
requirements. All rulings and Interpretations of the Davis- or upon written request of an authorized representative of the
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 Department of Labor withhold or cause to be withheld, from
are herein Incorporated by reference in this contract. any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
9. Disputes concerning labor standards. Disputes arising other Federal contract with the same prime contractor, or any
out of the labor standards provisions of this contract shall not other federally- assisted contract subject to the Contract Work
be subject to the general disputes clause of this contract. Hours and Safety Standards Act, which is held by the same
Such disputes shall be resolved in accordance with the prime contractor, such sums as may be determined to be
procedures of the Department of Labor set forth in 29 CFR necessary to satisfy any liabilities of such contractor or
parts 5, 6, and 7. Disputes within the meaning of thls clause subcontractor for unpaid wages and liquidated damages as
include disputes between the contractor (or any of its provided In the clause set forth in paragraph (2.) of this
subcontractors) and the contracting agency, the U.S. section.
Department of Labor, or the employees or their
representatives. 4. Subcontracts. The contractor or subcontractor shall insert
10. Certification of eligibility, in any subcontracts the clauses set forth In paragraph (1.)
through (4.) of this section and also a clause requiring the
a By entering into this contract, the contractor certifies that subcontractors to include these clauses in any lower tier
neither It (nor he or she) nor any person or firm who has an subcontracts. The prime contractor shall be responsible for
interest in the contractor's firm is a person or firm ineligible to compliance by any subcontractor or lower tier subcontractor
be awarded Government contracts by virtue of section 3(a) of with the clauses set forth In paragraphs (1.) through (4.) of this
the Davis -Bacon Act or 29 CFR 5.12(a)(1) section.
b. No part of this contract shall be subcontracted to arty VL SUBLETTING OR ASSIGNING THE CONTRACT
person or firm ineligible for award of a Govemment contract by
virtue of section 3(a) of the Davis -Bacon Act or 29 CFR This provision Is applicable to all Federal -aid construction
5.12(a)(1) contracts on the National Highway System.
c The penalty for making false statements is prescribed In the
U.S. Criminal Code, 18 U.S.C. 1001. 1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
V. CONTRACT WORK HOURS AND SAFETY STANDARDS greater percentage if specified elsewhere in the contract) of
ACT the total original contract price, excluding any specialty items
The following clauses apply to any Federal -aid construction designated by the contracting agency. Specialty Items may be
contract in an amount In excess of $100,000 and subject to performed by subcontract and the amount of any such
the overtime provisions of the Contract Work Hours and specialty items performed may be deducted from the total
Safety Standards Act. These clauses shall be inserted In original contract price before computing the amount of work
addition to the clauses required by 29 CFR 5.5(a) or 29 CFR required to be performed by the contractors own organization
4.6. As used In this paragraph, the terms laborers and (23 CFR 635.116).
mechanics Include watchmen and guards.
a. The term "perform work with its own organization" refers
1. Overtime requirements. No contractor or subcontractor to workers employed or leased by the prime contractor, and
contracting for any part of the contract work which may require equipment owned or rented by the prime contractor, with or
Agreement No. 13 -249 -42-
EXHIBIT I
without operators Such term does not include employees or determines, or as the contracting officer may determine, to be
equipment of a subcontractor or lower tier subcontractor, reasonably necessary to protect the life and health of
agents of the prime contractor, or any other assignees, The employees on the job and the safety of the public and to
term may include payments for the costs of hiring leased protect property in connection with the performance of the
employees from an employee leasing firm meeting all relevant work covered by the contract.
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime 2, It is a condition of this contract, and shall be made a
contractor meets all of the following conditions' condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
(1) the prime contractor maintains control over the subcontractor shall not permit any employee, in performance
supervision of the day -to -day activities of the leased of the contract, to work in surroundings or under conditions
employees, which are unsanitary, hazardous or dangerous to his /her
(2) the prime contractor remains responsible for the quality health or safety, as determined under construction safety and
of the work of the leased employees; health standards (29 CFR 1926) promulgated by the Secretary
(3) the prime contractor retains all power to accept or of Labor, in accordance with Section 107 of the Contract Work
exclude individual employees from work on the project, and Hours and Safety Standards Act (40 U.S.C. 3704).
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
submission of payrolls, statements of compliance and all that the Secretary of Labor or authorized representative
other Federal regulatory requirements. thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
b. "Specialty Items" shall be construed to be limited to work with the construction safety and health standards and to carry
that requires highly specialized knowledge, abilities, or out the duties of the Secretary under Section 107 of the
equipment not ordinarily available in the type of contracting Contract Work Hours and Safety Standards Act (40
organizations qualified and expected to bid or propose on the U,S.C.3704).
contract as a whole and In general are to be limited to minor
components of the overall contract. VRI. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
2 The contract amount upon which the requirements set
forth in paragraph (1) of Section VI is computed Includes the This provision is applicable to all Federal -aid construction
cost of material and manufactured products which are to be contracts and to all related subcontracts.
purchased or produced by the contractor under the contract
provisions. In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
3 The contractor shall furnish (a) a competent superintendent
degree of reliability on statements and representations made
or supervisor who is employed by the firm, has full authority to by engineers, contractors, suppliers, and workers on Federal -
direct performance of the work In accordance with the contract aid highway projects, it is essential that all persons concerned
requirements, and Is In charge of all construction operations with the project perform their functions as carefully,
(regardless of who performs the work) and (b) such other of Its thoroughly, and honestly as possible. Willful falsification,
own organizational resources (supervision, management, and distortion, or misrepresentation with respect to any facts
englneering services) as the contracting officer determines is related to the project is a violation of Federal law, To prevent
necessary to assure the performance of the contract. any misunderstanding regarding the seriousness of these and
similar acts, Form FHWA -1022 shall be posted on each
4 No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the Federal -aid highway project CFR 635)
contracting officer, or authorized representative, and such with where it is readily avallable to alll l persons s or more
c oncerned
c
consent when given shall not be construed to relieve the with the project.
contractor of any responsibility for the fulfillment of the 18 U.S.C. 1020 reads as follows:
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is "Whoever, being an officer, agent, or employee of the United
evidenced In writing and that it contains all pertinent provisions States, or of any State or Territory, or whoever, whether a
and requirements of the prime contract, person, association, firm, or corporation, knowingly makes any
5. The 30% self - performance requirement of paragraph (1) is false statement, false representation, or false report as to the
not applicable to design -build contracts; however, contracting character, quality, quantity, or cost of the material used or to
agencies may establish their own self - performance be used, or the quantity or quality of the work performed or to
requirements, be performed, or the cost thereof in connection with the
VII. SAFETY: ACCIDENT PREVENTION submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
This provision is applicable to all Federal -aid construction
approval to the Secretary of Transportation; or
contracts and to all related subcontracts. Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
1 In the performance of this contract the contractor shall character, quality, quantity, or cost of any work performed or to
comply with all applicable Federal, State, and local laws be performed, or materials furnished or to be furnished, in
governing safety, health, and sanitation (23 CFR 635). The connection with the construction of any highway or related
contractor shall provide all safeguards, safety devices and project approved by the Secretary of Transportation; or
protective equipment and take any other needed actions as It
Agreement No. 13 -249 -43-
EXHIBIT I
Whoever knowingly makes any false statement or false this proposal Is submitted if any time the prospective first tier
representation as to material fact In any,statement, certificate, participant learns that Its certification was erroneous when
or report submitted pursuant to provisions of the Federal -aid submitted or has become erroneous by reason of changed
Roads Act approved July 1, 1916, (39 Stat. 355), as amended circumstances.
and supplemented;
e. The terms "covered transaction," "debarred,"
Shall be fined under this title or imprisoned not more than 5 "suspended," "Ineligible," "participant," "person," "principal,"
years or both." and "voluntarily excluded," as used in this clause, are defined
IX. in 2 CFR Parts 180 and 1200. "First Tier Covered
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT Transactions" refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). "Lower Tier Covered
This provision is applicable to all Federal -aid construction Transactions" refers to any covered transaction under a First
contracts and to all related subcontracts Tier Covered Transaction (such as subcontracts). "First Tler
By submission of this bid /proposal or the execution of this Participant" refers to the participant who has entered Into a
funds
as the with a grantee or subgrantee racto of Federal
r
contract, or subcontract, as appropriate, the bidder, proposer, Tier
funds (such as the prime or general contractor) "Lower Tier
Federal -aid construction contractor, or subcontractor, as Participant" refers any participant who has entered into a
appropriate, will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower
1 That any person who is or will be utilized in the
Tier Participants (such as subcontractors and suppliers).
performance of this contract is not prohibited from receiving an f. The prospective first tier participant agrees by submitting
award due to a violation of Section 508 of the Clean Water Act this proposal that, should the proposed covered transaction be
or Section 306 of the Clean Air Act. entered Into, it shall not knowingly enter into any lower tier
covered transaction with a person who Is debarred,
2. That the contractor agrees to Include or cause to be suspended, declared ineligible, or voluntarily excluded from
included the requirements of paragraph (1) of this Section X in participation in this covered transaction, unless authorized by
every subcontract, and further agrees to take such action as the department or agency entering into this transaction.
the contracting agency may direct as a means of enforcing
such requirements. g. The prospective first tier participant further agrees by
X. CERTIFICATION REGARDING DEBARMENT, submitting this proposal that it will Include the clause titled
SUSPENSION, INELIGIBILITY AND VOLUNTARY "Certification Regarding Debarment, Suspension, Ineligibility
EXCLUSION and Voluntary Exclusion -Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
This provision Is applicable to all Federal -aid construction into this covered transaction, without modification, in all lower
contracts, design -build contracts, subcontracts, lower -tier tier covered transactions and in all solicitations for lower tler
subcontracts, purchase orders, lease agreements, consultant covered transactions exceeding the $25,000 threshold.
contracts or any other covered transaction requiring FHWA
approval or that Is estimated to cost $25,000 or more — as h. A participant in a covered transaction may rely upon a
defined in 2 CFR Parts 180 and 1200. certification of a prospective participant In a lower tier covered
transaction that Is not debarred, suspended, Ineligible, or
1. Instructions for Certification — First Tier Participants: voluntarily excluded from the covered transaction, unless It
knows that the certification is erroneous. A participant is
a. By signing and submitting this proposal, the prospective responsible for ensuring that Its principals are not suspended,
first tier participant is providing the certification set out below. debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
b. The inability of a person to provide the certification set the eligibility of any lower tier prospective participants, each
out below will not necessarily result In denial of participation in participant may, but Is not required to, check the Excluded
this covered transaction. The prospective first tier participant Parties List System webslte (https:/ /www,epis.Qov/), which Is
shall submit an explanation of why it cannot provide the compiled by the General Services Administration.
certification set out below. The certification or explanation will
be considered in connection with the department or agency's 1 Nothing contained in the foregoing shall be construed to
determination whether to enter into this transaction. However, require the establishment of a system of records in order to
failure of the prospective first tier participant to furnish a render In good faith the certification required by this clause.
certification or an explanation shall disqualify such a person The knowledge and Information of the prospective participant
from participation In this transaction. Is not required to exceed that which Is normally possessed by
a prudent person In the ordinary course of business dealings.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting J. Except for transactions authonzed under paragraph (f) of
agency determined to enter into this transaction. If it is later these instructions, if a participant in a covered transaction
determined that the prospective participant knowingly knowingly enters into a lower tier covered transaction with a
rendered an erroneous certification, in addition to other person who Is suspended, debarred, ineligible, or voluntarily
remedies available to the Federal Government, the contracting excluded from participation in this transaction, in addition to
agency may terminate this transaction for cause of default. other remedies available to the Federal Government, the
department or agency may terminate this transaction for
d, The prospective first tier participant shall provide cause or default
immediate written notice to the contracting agency to whom
Agreement No. 13 -249 -44-
EXHIBIT I
2 Certification Regarding Debarment, Suspension, prime or general contract). "Lower Tier Covered Transactions"
Ineligibility and Voluntary Exclusion — First Tier refers to any covered transaction under a First Tier Covered
Participants: Transaction (such as subcontracts). "First Tier Participant"
a The prospective first tier participant certifies to the best of refers to the participant who has entered into a covered
its knowledge and belief, that it and its principals transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). "Lower Tier
(1) Are not presently debarred, suspended, proposed for Participant" refers any participant who has entered into a
debarment, declared Ineligible, or voluntarily excluded from covered transaction with a First Tier Participant or other Lower
participating in covered transactions by any Federal Tier Participants (such as subcontractors and suppliers),
department or agency,
e. The prospective lower tier participant agrees by
(2) Have not within a three -year period preceding this submitting this proposal that, should the proposed covered
proposal been convicted of or had a civil judgment rendered transaction be entered Into, it shall not knowingly enter into
against them for commission of fraud or a criminal offense In any lower tier covered transaction with a person who is
connection with obtaining, attempting to obtain, or performing debarred, suspended, declared ineligible, or voluntarily
a public <Federal, State or local) transaction or contract under excluded from participation in this covered transaction, unless
a public transaction; violation of Federal or State antitrust authorized by the department or agency with which this
statutes or commission of embezzlement, theft, forgery, transaction originated.
bribery, falsification or destruction of records, making false
statements, or receiving stolen property; f. The prospective lower tier participant further agrees by
submitting this proposal that it will Include this clause titled
(3) Are not presently indicted for or otherwise criminally or "Certification Regarding Debarment, Suspension, Ineligibility
civilly charged by a governmental entity (Federal, State or and Voluntary Exclusion -Lower Tier Covered Transaction,"
local) with commission of any of the offenses enumerated in without modification, In all lower tier covered transactions and
paragraph (a)(2) of this certification; and in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold.
(4) Have not within a three -year period preceding this
application /proposal had one or more public transactions g. A participant in a covered transaction may rely upon a
(Federal, State or local) terminated for cause or default, certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
b. Where the prospective participant is unable to certify to voluntarily excluded from the covered transaction, unless it
any of the statements in this certification, such prospective knows that the certification is erroneous. A participant Is
participant shall attach an explanation to this proposal. responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
2 Instructions for Certification - Lower Tier Participants: transactions. To verify the eligibility of Its principals, as well as
the eligibility of any lower tier prospective participants, each
(Applicable to all subcontracts, purchase orders and other participant may, but is not required to check the Excluded
lower tier transactions requiring prior FHWA approval or Parties List System website (httos; / /www.eals.Qov/), which is
estimated to cost $25,000 or more - 2 CFR Parts 180 and complied by the General Services Administration.
1200)
h. Nothing contained in the foregoing shall be construed to
a By signing and submitting this proposal, the prospective require establishment of a system of records In order to render
lower tier is providing the certification set out below. in good faith the certification required by this clause. The
knowledge and information of participant Is not required to
b. The certification in this clause Is a material exceed that which is normally possessed by a prudent person
representation of fact upon which reliance was placed when In the ordinary course of business dealings,
this transaction was entered into If it is later determined that i. Except for transactions authorized under paragraph e of
the prospective lower tier participant knowingly rendered an these Instructions, if a participant in a covered transaction
erroneous certification, in addition to other remedies available knowingly enters into a lower tier covered transaction with a
to the Federal Government, the department, or agency with person who is suspended, debarred, ineligible, or voluntarily
which this transaction originated may pursue available excluded from participation In this transaction, in addition to
remedies, including suspension and /or debarment. other remedies available to the Federal Government, the
department or agency with which this transaction originated
c The prospective lower tier participant shall provide may pursue available remedies, including suspension and /or
immediate written notice to the person to which this proposal debarment.
is submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of Certification Regarding Debarment, Suspension,
changed circumstances, Ineligibility and Voluntary Exclusion- -Lower Tier
Participants:
d The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," 1 The prospective lower tier participant certifies, by
and "voluntarily excluded," as used In this clause, are defined submission of this proposal, that neither it nor its principals is
in 2 CFR Parts 180 and 1200. You may contact the person to presently debarred, suspended, proposed for debarment,
which this proposal is submitted for assistance In obtaining a declared ineligible, or voluntarily excluded from participating in
copy of those regulations. "First Tier Covered Transactions" covered transactions by any Federal department or agency.
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the 2. Where the prospective lower tier participant is unable to
Agreement No. 13 -249 -45-
EXIIIBIT I
certify to any of the statements in this certification, such a. To the extent that qualified persons regularly residing in
prospective participant shall attach an explanation to this the area are not available.
proposal.
b. For the reasonable needs of the contractor to employ ■
XI. CERTIFICATION REGARDING USE OF CONTRACT supervisory or specially experienced personnel necessary to
FUNDS FOR LOBBYING assure an efficient execution of the contract work, i
This provision is applicable to all Federal -aid construction c. For the obligation of the contractor to offer employment to
contracts and to all related subcontracts which exceed present or former employees as the result of a lawful collective
$100,000 (49 CFR 20). bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
1. The prospective participant certifies, by signing and exceed 20 percent of the total number of employees employed
submitting this bid or proposal, to the best of his or her by the contractor on the contract work, except as provided in
knowledge and belief, that subparagraph (4) below.
a No Federal appropriated funds have been paid or will be 2. The contractor shall place a Job order with the State
paid, by or on behalf of the undersigned, to any person for Employment Service indicating (a) the classifications of the
influencing or attempting to influence an officer or employee of laborers, mechanics and other employees required to perform
any Federal agency, a Member of Congress, an officer or the contract work, (b) the number of employees required In
employee of Congress, or an employee of a Member of each classification, (c) the date on which the participant
Congress in connection with the awarding of any Federal estimates such employees will be required, and (d) any other
contract, the making of any Federal grant, the making of any pertinent information required by the State Employment
Federal loan, the entering Into of any cooperative agreement, Service to complete the job order form. The Job order may be
and the extension, continuation, renewal, amendment, or placed with the State Employment Service In writing or by
modification of any Federal contract, grant, loan, or telephone, If during the course of the contract work, the
cooperative agreement. information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
b If any funds other than Federal appropriated funds have the State Employment Service.
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal 3. The contractor shall give full consideration to all qualified
agency, a Member of Congress, an officer or employee of Job applicants referred to him by the State Employment
Congress, or an employee of a Member of Congress in Service. The contractor is not required to grant employment
connection with this Federal contract, grant, loan, or to any job applicants who, In his opinion, are not qualified to
cooperative agreement, the undersigned shall complete and perform the classification of work required.
submit Standard Form -LLL, "Disclosure Form to Report
Lobbying," In accordance with its instructions. 4 If, within one week following the placing of a job order by ,
the contractor with the State Employment Service, the State
2. This certification is a material representation of fact upon Employment Service is unable to refer any qualified job
which reliance was placed when this transaction was made or applicants to the contractor, or less than the number
entered into. Submission of this certification is a prerequisite requested, the State Employment Service will forward a
for making or entering into this transaction Imposed by 31 certificate to the contractor indicating the unavailability of
U.S.C. 1352, Any person who fails to file the required applicants. Such certificate shall be made a part of the
certification shall be subject to a civil penalty of not less than contractor's permanent project records Upon receipt of this
$10,000 and not more than $100,000 for each such failure. certificate, the contractor may employ persons who do not
normally reside In the labor area to fill positions covered by the
3. The prospective participant also agrees by submitting its certificate, notwithstanding the provisions of subparagraph
bid or proposal that the participant shall require that the (1c) above.
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such 5. The provisions of 23 CFR 633.207(e) allow the
recipients shall certify and disclose accordingly contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
ATTACHMENT A - EMPLOYMENT AND MATERIALS region.
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS 6 The contractor shall include the provisions of Sections 1
ROAD CONTRACTS through 4 of this Attachment A in every subcontract for work
This provision is applicable to all Federal -aid projects funded which is, or reasonably may be, done as on -site work.
under the Appalachian Regional Development Act of 1965.
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 contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except'
Agreement No. 13 -249 -46-
EXHIBIT J
BUY AMERICA REQUIREMENTS
Source of Supply — Steel and Iron (Federal Aid Contracts Only): For Federal -aid contracts, the Contractor
will only use steel and iron produced in the United States, in accordance with the buy America provisions of
23 CFR 635.410. Contractor will ensure that all manufacturing processes for these materials occur in the
United States. A manufacturing process is any process that modifies the chemical content, physical shape,
size or final finish of a product, beginning with the initial melding and mixing and continuing through the
bending and coating stages. A manufactured steel or iron product is complete only when all grinding,
drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the
United States for any process, it becomes foreign source material. When using steel and iron as a
component of any manufactured product incorporated into the project (e.g., concrete pipe, pre - stressed
beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use
minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of
the compensation or $2,500, whichever is greater. These requirements are applicable to all steel and iron
materials incorporated into the finished work, but are not applicable to steel and iron items that the
Contractor uses but does not incorporate into the finished work. The Contractor shall provide a certification
from the producer of steel or iron, or any product containing steel or iron as a component, stating that all
steel or iron furnished or incorporated into the finished product was manufactured in the United States in
accordance with the requirements of this provision. Such certification shall also include: (1) a statement
that the product was produced entirely within the United States, or (2) a statement that the product was
produced with the United States except for minimal quantities of foreign steel and iron and specify the
actual value of the product. Each such certification shall be furnished to the Authority prior to incorporating
the material into the project. When FHWA allows the use of foreign steel on a project, Contractor shall
furnish invoices to document the costs of such material, and obtain the Authority's written approval prior to
incorporating the material into the project.
Agreement No. 13 -249 -47-
EXHIBIT K
PERFORMANCE AND PAYMENT BOND
BY THIS BOND, WE, as Principal and
a Corporation, as Surety, are bound to the
Solid Waste Authority of Palm Beach County, hereinafter referred to as "Authority ", in the sum of
Dollars (up to $10,000,000), for payment of
which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Agreement dated , 20 between Principal and Authority for
Proposal of Hurricane/Disaster Debris Removal, Reduction and Disposal, Agreement No. 13 -249,
the Agreement being made a part of this bond by reference, in the time and in the manner prescribed
in the Agreement, and;
2. Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying
Principal with labor, materials and supplies, used directly or indirectly by Principal in the prosecution of
the work provided for in the Agreement, and;
3. Pays Authority all loss, damages, expenses, costs, and attorney's fees, including appellate proceedings,
that Authority sustains because of a default by Principal under the Agreement, and;
4. Performs the guarantee of all work and materials furnished under the Agreement for the time
specified in the Agreement, and;
5. At completion of all work covered by Agreement and Final Payment by Authority to Principal then
Principal will replace this Performance and Payment Bond with a Proposal Bond, in the amount of
5% of this Performance and Payment Bond, to be held by the Authority as a guarantee that Principal
will provide to the Authority a Performance and Payment Bond in the amount of up to $10,000,000
on the occasion of a subsequent Task Order in accordance with the above referenced Agreement;
then this bond is void; otherwise it remains in full force.
Surety shall be responsible for any and all liquidated damages imposed by the Authority for the referenced
Agreement.
Agreement No. 13 -249 -48-
EXHIBIT K
Any changes in or under the Agreement Documents and compliance or noncompliance with any formalities
connected with the Agreement or the changes does not affect Surety's obligation under this bond. Any
increase in the total Agreement amount as authorized by the Authority shall accordingly increase the
Surety's obligation by the same dollar amount of said increase. CONTRACTOR shall be responsible for
notification to Surety of all such changes.
See subsection (2) of Section 255.05, Florida Statutes as amended for the notice and time limitations for
claimants.
Signed and sealed this day of , 20
PRINCIPAL:
By:
Signature
WITNESS:
Name:
1.
Title:
2.
Address:
Telephone:
SURETY:
By:
Signature
WITNESS:
Name:
1.
Title:
2.
Address:
Telephone:
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is a
Partnership, all partners must execute bond.
IMPORTANT: Surety companies executing bonds must appear and remain on the Treasury
Department's most current list (Circular 570 as amended) during construction,
guarantee and warranty periods, and be authorized to transact business in the State
of Florida, and be pre - approved by the Authority.
Agreement No. 13-249 -49-
PROPOSAL FORM 2 — PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned:
Phillips and Jordan, Incorporated , as Principal and
(Name of Proposer)
Liberty Mutual Insurance Company , as Surety, are
(Name of Surety)
hereby held and firmly bound unto the Solid Waste Authority of Palm Beach County, West Palm Beach,
Florida, as Obligee, in the sum of:
Five Hundred Thousand and No /100
Dollars ($ 500,000.00 ) / S% of the Performance
and Payment Bond, which is in the amount of 510,000,000, as liquidated damages for payment of
which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors, and assigns.
The condition of this obligation is such that whereas the Principal has submitted to the Solid Waste
Authority of Palm Beach County a certain Proposal attached hereto and made a part hereof, to enter into
an Agreement, hereinafter referenced to as the AGREEMENT FOR HURRICANE/DISASTER
DEBRIS REMOVAL, REDUCTION, AND DISPOSAL. RFP No. 13- 240/MRK
NOW THEREFORE,
a. If said Proposal shall be rejected or withdrawn as provided in the Request for Proposal or, in
the alternative,
b. If said Proposal shall be accepted and the Principal shall duly execute and deliver the
Agreement attached hereto and shall furnish all insurance requirements, the specified
Performance and Payment Bond for the faithful performance of the Agreement and for the
payment of labor and materials furnished for the performance of the Agreement,
then this obligation shall be void, otherwise it shall remain in full force and effect, it being expressly
understood and agreed that the liability of the Surety for any and all claims hereunder in no event shall
exceed the amount of this obligation.
The Surety, for value received, hereby agrees that the obligations of said Surety and its bond shall be in
no way impaired or affected by any extensions of the time within which such Proposal may be accepted,
and said Surety does hereby waive notice of any such extensions.
RFP No. 13- 240 /MRK 30 June 2013
IN WITNESS WHEREOF, the parties hereto have duly executed this bond on the 1st day of
July , 2013 .
PRINCIPAL: Phillips and Jordan, Incorporated
By: l.'.. t J.�►�. � .`1+�
Sign Pure
(Seal)
WITNESS;
Name: Edd Satterfield
1.
iinflaa. I�
-� /� Title: Assistant Vice President
2. i1.�✓f /70
Address: 191 P &J Road
Robbinsville, NC 28771
Telephone: (828)479 -3371
SURETY: Liberty Mutual Insurance Company
By: t4.1111,Viit,--- ' YY1 u,f,,.
Si
(Seal)
WITNESS:
i
Name: Catherine L, McMillan
�� .
Title: Attorney -In -Fact
1 • Address: 413 Northshore Dr., SW
Countersigned By: Knoxville, TN 37919
I.
Grego T. , FL Resid nt Agent Telephone: (865)588 -7200
Surety companies executing bonds must appear on the Treasury Department's most current list (Circular
570 as amended) and be authorized to transact business in the State of Florida, in accordance with Florida
Statute 287.0935, and be approved by the Solid Waste Authority of Palm Beach County.
RFP No. 13- 24OfMRK 31 June 2013
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated.
Certificate No 5932445
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohlo Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company
Is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies "), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint, Catherine L. McMillan; Tom H. McCarley III
at of the city of Knoxville , state of TN each individually if there be more than one named, its true and lawful attorney -In -fact to make, execute, seal, acknowledge
and deliver, for and on Its behalf as surety and as Its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons
IN WITNESS WHEREOF, thls Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 3rd _ day of January , 2013
. _ American Fire and Casualty Company "o
- ' - ' - The Ohio Casualty Insurance Company N
o - Liberty Mutual Insurance Company a)
a) 7. - - . - , W est A merican Insurance Company N
Y y - �' � .1J
C d
By: Gr Davenport, Assistant Secretary C
= STATE OF WASHINGTON ss to
COUNTY OF KING c
m ti s3 c
On this 3rd day of January , 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American v ~
u 0 Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, Ay
o ? execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, w W
E
d > iN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written 0 p,
Z'tC Z0
CD 7 Q M
. 'R - B p ' a '
_ _ • KD Key , Not Public 0
co
i>; o o E
o d a. ca c 03 This Power of Attorney is made and executed pursuant to and by authority of the following By -laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance rn 0
ai ; Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now In full force and effect reading as follows: 0
cod ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject o c
rn a> to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -In -fact, as may be necessary to act In behalf of the Corporation to make, execute, seal,, a0i
o c acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -In -fact, subject to the limitations set forth In their respective � ?
E 6 powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so w
o executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -In -fact under > 42
4- '- the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority 0 0
' � c ARTICLE XIII - Execution of Contracts - SECTION 5 Surety Bonds and Undertakings, Any officer of the Company authorized for that purpose In writing by the chairman or the president, +.
CNI
> m and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act In behalf of the Company to make, execute. L.. N
p seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth In their coop
Z u respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 0
executed such Instruments shall be as binding as if signed by the president and attested by the secretary. v co
o f
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such I— '-
attorneys-in-fact as may be necessary to act on behalf of the Company to make, execute, seat, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and
other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed
1, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West
American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies,
Is in full force and effect and has not been revoked. _ /
IN TESTIMONY WHEREOF, have hereunto set my hand and affixed the seals of said Companies this / day of ��/y , 20 /3 . dr By: J
David M Carey Assistant Secretary
LMS12873_092012 205 of 500
1 ; Liberty Mutual.
SURETY
Liberty Mutual Surety
Liberty Mutual Surety
13830 Ballantyne Corporate
Suite 450
Charlotte, North Carolina 28277
Phone: (704) 759 -7300
Fax: (866) 548 -6575
April 24, 2013
The Solid Waste Authority of Palm Beach County
Re: Phillips and Jordan, Incorporated
Subject: Irrevocable Letter of Commitment - RFP No. 13- 234 /MRK I unicane /Disaster
Debris Removal, Reduction, and Disposal, Palm Beach, FL
Liberty Mutual Insurance Company is proud to handle the bonding needs of Phillips and Jordan,
Incorporated. Liberty Mutual Insurance Company is a Class XV A `Excellent" AM Best Rated
Company. We are US Treasury Listed and licensed to do business in Florida. We constantly monitor
the manner in which Phillips and Jordan Incorporated meets their construction and financial obligations
to owners, subcontractors, suppliers and the credit community. We are pleased to report that Phillips
and Jordan Incorporated is an extremely strong and stable company in financial terms and handle these
obligations in an exemplary manner.
While we would certainly give consideration to higher limits should specific conditions require doing
so, we currently have in place for Phillips and Jordan Incorporated a single program exceeding
$150,000,000 with an aggregate exceeding $500,000,000.00 bonding line, with approximately
$400,000,000.00 available capacity. We anticipate no problems in issuing 100% Performance and
Payment bonds for any project at the time of the final bond request. Naturally, the execution of any final
bonds will be subject to a mutually satisfactory review which will include but not be limited to the
acceptability of the contract documents, bond forms and financing.
Should you have questions or if We may be of assistance, please feel free to contact us.
Sincerely, ra{( { /J{(y
Mike Coale Underwritin g Specialist ecialist