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R14-082 1 , 1 RESOLUTION NO. R14 -082 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A THREE (3) YEAR PIGGY -BACK OF THE CONTRACT BETWEEN THE SOLID WASTE AUTHORITY AND THOMPSON CONSULTING SERVICES, LLC., FOR DISASTER DEBRIS MANAGEMENT AND • SUPPORT SERVICES PROVIDED BY THOMPSON 11 CONSULTING SERVICES LLC; AUTHORIZING THE CITY 11 MANAGER TO ENTER INTO AN END USER PROFESSIONAL 1 SERVICES AGREEMENT ON AN "AS NEEDED BASIS" IN THE 1 EVENT OF AN EMERGENCY BEGINNING SEPTEMBER 3, 2014 1 THROUGH JUNE 17, 2017; PROVIDING AN EFFECTIVE DATE. 1 1. WHEREAS, due to the critical nature of this service it is imperative to have a 1 contract in place in order to avoid delays should there be a hurricane /disaster /emergency 1; situation; and 1 • WHEREAS, the Solid Waste Authority of Palm Beach County approved an 21 Agreement (No. 14 -244) with Thompson Consulting Services, LLC., to provide disaster 21 debris management and support services for a period of three (3) years from June 18, 2014 2 to June 17, 2017, with an option to extend until April 17, 2021 to be utilized on an "as 2 needed basis ". 2 WHEREAS, Thompson Consulting Services, LLC., will provide temporary debris 2 site monitors on behalf of the City after a hurricane to observe debris unloading operations 2 at the Solid Waste Authority's temporary debris sites and in the field to assure efficient 2 handling of load tickets that record FEMA data related to storm debris and will calibrate 2; debris vehicle load to eliminate discrepancies and will insurance reimbursement capabilities 2 with FEMA after a hurricane event; and 311 WHEREAS, upon recommendation of staff, the City Commission has determined \\Apps3 City Cbb\Auto \Data\219 \Items\210 \3113 \4046 \Reno_- Thompson_ Consuitmg _Diaster_Debris_Management Doc 1 that it is in the best interests of the residents of the City to approve a three (3) year End User 2 Professional Services Agreement with Thompson Consulting Services, LLC., to provide 3 disaster debris management and support services on an "as- needed" basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves a three (3) year End User Professional Services Agreement with Thompson 14 Consulting Services, LLC., based on piggy- backing an agreement with the Solid Waste 1 Authority's Agreement with Thompson for disaster debris management and support 1. services on an "as- needed" basis commencing September 3, 2014 to June 17, 2017 with an 1 option to renew until April 17, 2021, a copy of which is attached hereto as Exhibit "A ". 1 Section 3. The City Manager is authorized to execute the End User Professional 1 Services Agreement with Thompson Consulting Services, LLC. 1 :. Section 4. That this Resolution shall become effective immediately. 1 \\Apps3 City Cbb\Auto \Data\219 \Items \210 \3113\ 4046 \Reso_ -_ Thompson_ Consulting _Diaster_Debns_Management Doc 11 1 PASSED AND ADOPTED this 3 day of September, 2014. 4 5 CITY OF BOYNTON BEACH, FLORIDA L 5 ' , A—.-- - it y or — -rry T.. for 8 C. 1' V i , e Mayor — Joe Casello 1; \ 1 L �i 1 E Commissioner — David . Merker 17 5 r . 1 1 C.. - ., missi.. - — ' r ack i y 20 2' ■ 2 lir 'i 25 Commissioner — Michael M. Fitzp. ' i 2L / 25 ATTEST: 26 2; " - WI • P 2 .....t... 2 J M. Prainito, MMC 30 C ' C lerk 3' 9 G .T fl 3L 35 ,, .' 36 Vi s`„ T ON ' '' \\Apps3 City Cbb\Auto\Data\219 \ltems\210 \31 13\4046\Reso-Thompson _ Consulting_Diaster Debris_ Management Doc R /14 -o8 a ••• ' n (; , 0 S t_; CI End User Professional Services Agreement General Terms and Conditions This Professional Services Agreement ( "Agreement ") is dated affect the schedule, level of effort, or payment to Consultant and the August 12, 2014, by and between Thompson Consulting Services, schedule and payment shall be equitably adjusted. LLC (hereinafter referenced as "Consultant "), with offices at 1135 Townpark Avenue, Suite 2101, Lake Mary, FL 32746 and the City of 5. FEE FOR SERVICES Boynton Beach (hereinafter referenced as "Client" or "End User "), a The fee for the services under this Agreement will be based on the political subdivision of the State of Florida, with offices at 100 E. actual hours of services furnished multiplied by Consultant's Billing Boynton Beach Blvd., Boynton Beach, FL, Rates as set forth m the Authority Contract. Consultant's rates are Whereas, Consultant has entered into an agreement for Disaster subject to annual Consumer Price Index (CPI) escalations on the Debris Management and Support Services (Agreement Number 14- annual anniversary of the execution date of the Agreement upon 244) effective as of June 18, 2014 — June 17, 2017 with the Solid mutual written agreement by each party. Waste Authority of Palm Beach County (hereinafter referred to as 6. PAYMENT "Authority Contract"); Client shall pay Consultant for services furnished under this Whereas, the Authority Contract acknowledges that the End Agreement upon submission of monthly invoices. Client shall pay User may enter into an agreement with the Consultant through the Consultant within thirty (30) days of receipt of invoices less any Authority Contract, disputed amounts. If Client disputes any portion of the invoice, the undisputed portion will be paid and Consultant will be notified m Whereas, Client desires to be an End User under the Authonty writing, within ten (10) days of receipt of the invoice of the Contract, exceptions taken. Consultant and Client will attempt to resolve the payment dispute within sixty (60) days or the matter may be Whereas, both parties hereby agree to be bound to the terns and submitted to arbitration as provided herein. Additional charges for conditions of the Authority Contract (attached as Exhibit A); interest shall become due and payable at a rate of one and one -half percent (1 -1/2%) per month (or the maximum percentage allowed by Now therefore, in consideration of the mutual covenants to be law) on the unpaid, undisputed invoiced amounts. Any interest performed by the parties pursuant to this Agreement, each party charges due from Client on past due invoices are outside any amounts hereby represents, warrants, and agrees as follows: otherwise due under this Agreement. If Client fails to pay undisputed invoiced amounts within sixty (60) days after delivery of invoice, 1. TERM & APPLICABILITY Consultant, at its sole discretion, may suspend services hereunder or The term of this Agreement shall mirror the remaining teen of the may initiate collections proceedings, without incurring any liability Authority Contract from the date of execution. This Agreement shall or waiving any right established hereunder or by taw. apply to all work performed at the request of the Client or for the benefit of the Client during the term hereof (the "Work") unless both 7. WORK PRODUCT parties agree in writing that the terms and conditions hereof shall not Client shall have the unrestricted nght to use the documents, analyses apply and other data prepared by Consultant under this Agreement ('Work Products'); provided, however Client shall not rely on or use the 2. SCOPE OF WORK Work Products for any purpose other than the purposes under this Consultant shall perform such Work as the Client may direct from 'went and the Work Products shall not be changed without the tune to time during the term hereof and in accordance with Exhibit A prior written approval of Consultant if Client releases the Work Products to a third party without Consultant's prior written consent, attached hereto. or changes or uses the Work Products other than as intended 3. STANDARD OF CARE hereunder, (a) Client does so at its sole risk and discretion, (b) Consultant shall not be liable for any claims or damages resulting Consultant will perform services under this Agreement with the from the change or use or connected with the release or any third degree of skill and diligence normally practiced by professional party's use of the Work Products and (c) Client shall indemnify, consultants performing the same or similar services No other defend and hold Consultant harmless from any and all claims or warranty or guarantee, expressed or implied, is made with respect to damages related to the release, change or race. the services furnished under this Agreement and all implied warranties are disclaimed. 8. INFORMATION PROVIDED BY OTHERS 4. CAANGES/AMENDMENTS Client shall provide to Consultant in a timely manner any information Consultant indicates is needed to perform the services This Agreement and its exhibits constitute the entire agreement hereunder. Consultant may rely on the accuracy of information between the Parties and together with its exhibits supersede any prior provided by Client and its representatives. written or oral agreements. This Agreement may not be changed except by written amendment signed by both Parties. The estimate of 9. SAFETY AND SECURITY the level of effort, schedule, and payment required to complete any services directed by the Client will be dictated through a written task Consultant has established and mairrtarns programs and procedures order executed by both parties. Consultant shall promptly notify for the safety of its empbyees. Unless specifically included as a Client if changes to the Scope of Services or any resulting task orders service to be �° under Agreement Client specifically disclaims any authority or responsibility for job site safety (including, Page 1 of 3 Modified:: .he1y 21, 2014 End User Professional Services Agreement General Terms and Conditions but not limited to, any supervision of operations of others, training, audit or observation of safety programs of others) and safety of persons other than Consultant's employees Client acknowledges that Consultant has no responsibility under this Agreement related to site security or the assessment, evaluation, review, testing, maintenance, Client: operation or safety practices or procedures related to security or safety. Attention: Address. 10. TERMINATION Either party may terminate this Agreement upon thirty (30) days pnor written notice to the other party. Client shall pay Consultant for all services rendered to the date of termination plus reasonable expenses for winding down the services. If either party defaults in its obligations hereunder, the non-defaulting party, after giving thirty (30) days written notice of its attention to terminate or suspend Consultant: Thompson Consulting Services, LLC performance under this Agreement, may, if cure of the default is not Attention: Nate Counsell, Vice President commenced and diligently continued, terminate this Agreement or suspend performance under this Agreement. Upon termination, the Address: 1135 Townpark Avenue terms and conditions found in this Agreement concerning ongoing or Suite 2101 future obligations and contractual responsibilities and interpretation thereof shall survive its termination, including but not limited to Lake Mary, FL 32746 those obligations found in sections 3, 6, 7, 8, 11, 13 & 14. 11. ASSIGNMENT 13. MISCELLANEOUS This Agreement is binding upon and will inure to the benefit of A. If any provision of this Agreement is invalid or unenforceable, the Client and Consultant and then- respective successors and assigns. Neither party may assign its rights or obligations hereunder without remainder of this Agreement shall continue in full force and effect the prior written consent of the other party. and the provision declared mvalid or unenforceable shall continue as to other circumstances. 12. NOTICES B This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an onginal instrument, but all of which Any notice required or permitted by this Agreement to be given shall taken together shall constitute one instrument. be deemed to have been duly given if in writing and delivered personally or five (5) days after mailing by first - class, registered, or certified mail, return receipt requested, postage prepaid and addressed as follows: Page 2 of 3 Modem: July 21, 2014 Roberts, Christine R 1 y r OGc9 From: Nathaniel Counsel) <ncounsell @thompsoncs.net> Sent: Tuesday, August 12, 2014 12:01 PM To: Roberts, Christine Cc: Kyle Hoyle; Jon Hoyle Subject: Thompson Consulting Services Cooperative Purchasing Authorization Attachments: Agreement (Fully Executed).pdf Municipality End User Agreement Boynton Beach.pdf Ms. Roberts, Please consider this e-mail as confirmation that Thompson Consulting Services (Thompson) offers the City of Boynton Beach, FL (City) the same scope of work, terms, conditions, and pricing that are found in Agreement Number 14 -244 between Thompson and the Solid Waste Authority of Palm Beach County to provide Disaster Debris Management and Support Services. I've included a copy of the fully executed agreement and a draft end use agreement for the City's consideration. Please feel free to call or e-mail me if you have any questions. We look forward to meeting with you in the near future. Sincerely, . , . , Nate Counsel) • Vice President 4 thompsonCONSULTING SERVICES, LLC A Thompson Holdings, Inc. Company 407.619 2761(c) 1 407 792 0018(0) 1 407 878.7858(f) ncounsell@thompsoncs. net 1135 Townpark Avenue, Suite 2101 1 Lake Mary, Florida 32746 www.thompsoncs.net 1 40,0 SW n,„ 'IF fJIii FR 1'P TOUR PARTNER FOR SOLID ITATTBSOLUlIONS AGREEMENT FOR DISASTER DEBRIS MANAGEMENT AND SUPPORT SERVICES BETWEEN SOLID WASTE AUTHORITY OF PALM BEACH COUNTY AND THOMPSON CONSULTING SERVICES, LLC AGREEMENT NO. 14 -244 I TABLE OF CONTENTS 1 ARTICLE PAGE 1. Effective Date 1 2. Services to be Performed by Consultant 1 3. Compensation 1 4. Insurance 2 5. Standard of Care 3 6. Indemnification 3 7. Independent Consultant 3 8. Authority to Practice 3 9. Compliance with Laws 4 10. Sub - Consulting 4 11. Federal and State Taxes 4 12. Availability of Funds 4 13. Authority's Responsibilities 4 14. Default 4 15. Termination for Convenience 5 16. Uncontrollable Forces 5 17. Public Records 5 18. Remedies 5 19. Non - Discrimination 5 20. Waiver 6 21. Severability 6 22, Entirety of Agreement 6 23, Modification 6 24. Successors and Assigns 6 25, Contingent Fees 6 26. Truth -in- Negotiation Certificate 7 27 Ownership of Documents 7 28. Access and Audits 7 29. Inspector General 7 30. Notice 8 31. Contract Administration 8 32. Key Personnel 8 33. Small Business Enterprise (SBE) 9 34. Scrutinized Companies 9 35. Agreements with other Governmental Entities 9 36. Florida Highway Administration (FHWA) Form 1273 9 37. Buy America Requirements 9 38. Disadvantaged Business Enterprises 10 39. Certification Regarding Suspension and Debarment 10 40. Access to Records and their Retention 11 41. Audit Requirements 11 42. National Environmental Policy Act (NEPA) 11 43. Americans with Disabilities Act 11 44. Compliance with Title VI, Title VII and other Federal Laws & Regulations 11 45. Convict Labor Prohibition 12 46. Certification Regarding Lobbying Activities 12 Agreement Execution 13 Agreement No. 14 -244 EXHIBITS A Scope of Work . 14 B. Fee Schedule 18 C. SBE Plan 19 D. FEMA 322 Public Assistance Guide 20 E. FHWA Form 1273 21 F. Buy America Requirements 31 Agreement No. 14-244 [AGREEMENT FOR PROFESSIONAL SERVICES 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 Thompson Consulting Services, LLC (hereinafter referred to as CONSULTANT), a Delaware limited liability company, whose Federal Employer ID Number is 45- 2015453: Whereas, AUTHORITY desires to employ the services of the CONSULTANT for the purpose of providing disaster debris management and support services; and, Whereas, CONSULTANT represents it is capable and prepared to provide such services. Now, therefore, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The term of this Agreement shall commence on June 18, 2014 and shall continue until June 17, 2017 unless otherwise terminated as provided herein. The AUTHORITY shall have the option of extending the Agreement until April 17, 2021 at the same terms and conditions with approval from the AUTHORITY'S Governing Board. Extension of the Agreement beyond the initial period, and any option subsequently exercised, is an AUTHORITY prerogative, and not a right of the CONSULTANT. This prerogative will be exercised only when such continuation is clearly in the best interest of the AUTHORITY. Such extension shall be in the form of a written Amendment to the Agreement executed by both parties. ARTICLE 2 - SERVICES TO BE PERFORMED BY CONSULTANT CONSULTANT shall peribrm the services as specifically stated in the Scope of Work, attached hereto and made a part hereof as Exhibit A, and/or as may be specifically designated and authorized by the AUTHORITY. Such authorizations which will be referred to as Consultant Services Authorizations (CSA) shall each set forth the specific services required, the amount of compensation, and the completion date. In addition the CONSULTANT may employ the use of sub - consultant(s) whose services are necessary to the CONSULTANT in the provision of services and upon specific approval in an individual CSA. In such case the sub - consultant, the specific services to be performed and his/her compensation (including a not -to- exceed amount) shall be identified as part of the CSA. The AUTHORITY, by virtue of this Agreement, gives the CONSULTANT 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 The AUTHORITY shall pay CONSULTANT in accordance with the Fee Schedule, attached hereto and made a part hereof as Exhibit B. In addition, the parties may negotiate a lump sum or not -to- exceed amount on a per - project basis on an individual CSA. Invoices must reference the current Agreement or CSA number (if any). CONSULTANT shall submit a monthly invoice for services rendered. Invoices shall include a statement of progress made regarding the project, a description of services rendered and a breakdown of hours spent on the project. There shall be no reimbursable expenses allowable. Agreement No. 14 -244 - 1 - Payment of invoices shall be due and payable within thirty (30) days after receipt of a correct, fully documented invoice. All invoices shall be delivered to: Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, Florida 33412 Attn: Accounts Payable, c/o Michelle Napier CONSULTANT will clearly mark its final/last billing with the words "Final Invoice ". This will certify that all services have been fully performed under this Agreement and that all charges and costs have been invoiced to the AUTHORITY. Thereupon, this account will be closed and any additional charges or costs, not included in the final invoice, shall be waived by CONSULTANT. ARTICLE 4 - INSURANCE During the performance of the Services under this Agreement, CONSULTANT 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 51,000,000 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 51,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $1,000,000 for each accident. 3. Workers' Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than 5500,000 for each accident, 5500,000 for each disease, and 5500,000 aggregate. 4. Excess Liability Insurance with limits of not less than $5,000,000 annual aggregate. Deductible amounts shall not exceed 5% of the total amount of required insurance in each category. Should any policy contain any unusual exclusions, said exclusions shall be so indicated on the certificate(s) of insurance. CONSULTANT 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. CONSULTANT shall include AUTHORITY as an additional insured on all liability insurance policies required by the Agreement. All of CONSULTANT'S sub - consultants shall be required to include AUTHORITY and CONSULTANT as additional insured on all of their liability insurance policies. CONSULTANT'S naming of the AUTHORITY as an additional insured on all of its liability insurance policies pursuant to this Agreement shall afford coverage only for the grossly negligent and willful acts of CONSULTANT pursuant to this Agreement and is limited to the terms and conditions of indemnity provisions in the Agreement. Notwithstanding anything herein to the contrary, CONSULTANT shall in no way be responsible for the defense or indemnity of matters arising or resulting from the AUTHORITY'S negligence. errors or omissions or willful misconduct. In the event that sub - consultants used by the CONSULTANT do not have insurance, or do not meet the insurance limits, CONSULTANT shall indemnify and hold harmless the AUTHORITY for any claim in excess of the sub - consultants insurance coverage. Agreement No. 14 -244 - 2 - The CONSULTANT 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 CONSULTANT 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 CONSULTANT shall, at no additional cost to AUTHORITY, re- perform services which fail to satisfy the foregoing standard of care. The CONSULTANT 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 CONSULTANT 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 CONSULTANT and other persons employed or utilized by the CONSULTANT in the perfonnance 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 CONSULTANT The CONSULTANT is, and shall be, in the performance of all work services and activities under this Agreement, an Independent Consultant, 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 CONSULTANTS sole direction, supervision, and control. The CONSULTANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT 'S relationship and the relationship of its employees to the AUTHORITY shall be that of an Independent Consultant and not as employees or agents of the AUTHORITY. The CONSULTANT does not have the power or authority to bind the AUTHORITY in any promise, agreement or representation other than specifically provided for in this Agreement. ARTICLE 8 - AUTHORITY TO PRACTICE The CONSULTANT 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. Agreement No. 14 -244 - 3 - ARTICLE 4 - COMPLIANCE WITH LAWS In performance of the Services, CONSULTANT will comply with applicable regulatory requirements including federal, state, special district, and local laws, rules, regulations, orders, codes, criteria and standards. ARTICLE 10 - SUB - CONSULTING The AUTHORITY reserves the right to accept the use of a sub- consultant or to reject the selection of a particular sub - consultant under this Agreement. If a sub - consultant fails to perfonn or snake progress, as required by this Agreement, and it is necessary to replace the sub- consultant to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new sub - consultant 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 CONSULTANT. The CONSULTANT shall not be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with the AUTHORITY, nor shall the CONSULTANT be authorized to use the AUTHORITY'S Tax Exemption Number in securing such materials. ARTICLE 12 - AVAILABILITY OF FUNDS The obligations of the AUTHORITY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of the Solid Waste Authority of Palm Beach County. ARTICLE 13 - AUTHORITY'S RESPONSIBILITIES AUTHORITY shall be responsible for providing access to all project sites, and providing information on hand required by CONSULTANT, including; existing reports, studies, financial information, and other required data that are available in the files of the AUTHORITY. ARTICLE 14 - DEFAULT The AUTHORITY may, by written notice of default to the CONSULTANT, terminate the Agreement in whole or in part if the CONSULTANT 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 CONSULTANT, the AUTHORITY may procure goods andtor services similar to those terminated, and the CONSULTANT shall be liable for any excess costs incurred due to this action. If it is determined that the CONSULTANT 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 CONSULTANT), the rights and obligations of the parties shall be those provided in Article 15 — Termination for Convenience. Agreement No. 14 -244 - 4 - 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 CONSULTANT, 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 CONSULTANT has the right to withdraw, without adverse action, from the entire Agreement Unless directed differently in the Notice of Termination, the CONSULTANT 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 CONSULTANT shall terminate outstanding orders and/or subcontracts related to the terminated work. Unless the CONSULTANT is in breach of this Agreement, the CONSULTANT shall be paid for services rendered to the AUTHORITY'S satisfaction through the date of termination. ARTICLE 16- UNCONTROLLABLE FORCES Neither the AUTHORITY nor CONSULTANT 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 tern "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 patty. 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 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 CONSULTANT shall comply with the applicable provisions of Chapter 119, Florida Statutes (Public Records Law) for records related to this Agreement. ARTICLE 18 - REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement shall be in a State court of competent jurisdiction located in Palm Beach County. With the exception of the choice of law and venue provisions contained herein, no remedy conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other reinedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 19 - NON - DISCRIMINATION The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, gender, age or national origin. Agreement No. 14 -244 - 5 - ARTICLE 20 - WAIVER A waiver by either AUTHORITY or CONSULTANT 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 21 - 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 22 - ENTIRETY OF AGREEMENT The AUTHORITY and the CONSULTANT 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 CONSULTANT 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 23 - MODIFICATION The Agreement may not be modified unless such modifications are evidenced in writing signed by both AUTHORITY and CONSULTANT. Such modifications shall be in the form of a written Amendment executed by both parties. ARTICLE 24 - SUCCESSORS AND ASSIGNS AUTHORITY and CONSULTANT 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. CONSULTANT shall not assign this Agreement without the express written approval of the AUTHORITY via executed amendment. ARTICLE 23 - CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or fern, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. Agreement No. 14-244 - 6 - ARTICLE 26 - TRUTH -IN- NEGOTIATION CERTIFICATE Execution of this Agreement by the CONSULTANT 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 consultants. The AUTHORITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 27 - OWNERSHIP OF DOCUMENTS CONSULTANT shall be required to cooperate with other consultants relative to providing information requested in a timely tnanner and in the specified form. Any and all documents, records, disks, original drawings, or other information shall become the property of the AUTHORITY for its use and/or distribution as may be deemed appropriate by the AUTHORITY. ARTICLE 28 - ACCESS AND AUDITS CONSULTANT shall maintain financial and program records to justify all charges and costs incurred in performing the work for at least three (3) years following final payment by the AUTHORITY as Federal Emergency Management Agency sub - grantee as required by FEMA'S 322 Public Assistance Guide, page 114, as amended, incorporated in this Agreement as Exhibit D. The AUTHORITY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit In the event records retention requirements in Florida Statutes Chapter 119 and 257 exceed those of FEMA, the records shall be retained to comply with State of Florida requirements. ARTICLE 29 - INSPECTOR GENERAL Palm Beach County has established the Office of the Inspector General (01G), Ordinance No. 2009 -049 which is authorized and empowered to review past, present and proposed county contracts, transactions, accounts and records. The AUTHORITY has entered into an lnterlocal 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 CONSULTANT, 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. 14-244 - ? - ARTICLE 30 - 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: Mark Eyeington, Chief Operations Officer Office No.: 561- 640 -4000 Fax No.:561- 640 -3400 Email: nweveinetonaeswa.arg F AS TO CONSULTANT 1135 Townpark Avenue, Suite 2101 Lake Mary, FL 32746 Attention: Nathaniel Counsell, Vice President Office No.: 407 - 792 -0018 Cell No.: 407 -619 -2781 Email: ncounsellta?thompsoncs.net 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 tune 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 CONSULTANT and AUTHORITY. ARTICLE 31- CONTRACT ADMINISTRATION Services of CONSULTANT shall be under the general direction of Mark Eyeington, Chief Operations Officer, or his or her successor, who shalt act as the AUTHORITY'S representative during the term of the Agreement. ARTICLE 32 - KEY PERSONNEL CONSULTANT 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: Jon M. Hoyle, President Nathaniel Counsell, Vice President Eric Harrison, Post -event Operations Practice Manager Agreement No. 14 -244 - 8 - ARTICLE 33 - 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. CONSULTANT'S submitted Plan showing how he /she will assist the AUTHORITY in achieving this goal is incorporated into this Agreement as Exhibit C. The AUTHORITY will require periodic documentary proof, acceptable to the AUTHORITY, of the implementation, progress, and final outcome of the proposed Plan. Failure to implement the Plan, or achieve reasonable interim progress, or achieve the final goal reflected in the Plan, may be considered by the AUTHORITY as failure to perform a material provision of this Agreement. ARTICLE 34 - SCRUTINIZED COMPANIES As provided in F.S. 287.135, by entering into any Agreement with the AUTHORITY, or performing any work in furtherance hereof, CONSULTANT hereby certifies that CONSULTANT and CONSULTANT'S affiliates, suppliers, sub - consultants 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 CONSULTANT, this CONSULTANT may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Agreement shall be imposed, pursuant to F.S. 287.135. ARTICLE 35 - AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES The CONSULTANT agrees that this Agreement constitutes an offer to all State Agencies and Political Subdivisions of the State of Florida under the seine terms and conditions, for the 'same prices and for the same effective period as specified in this Agreement; should the CONSULTANT 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 36 - 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 E, which is attached hereto and incorporated by reference as part of this Agreement. The term "contractor," as used in Exhibit E, shall apply to and mean the CONSULTANT, who may also be referred to in Exhibit E as the "prime contractor ", "bidder ", "proposer", "prospective primary participant ", "prospective participant ", "participant" or the like. The CONSULTANT will perform the duties and obligations of the other contracting party regardless of the description or label used in FHWA Form 1273, Exhibit E. The CONSULTANT 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 37 - BUY AMERICA REQUIREMENTS The CONSULTANT 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 Agreement No. 14-244 - 9 - in Exhibit F, which is attached hereto and incorporated by reference as part of this Agreement. CONSULTANT 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, FOOT, FHWA, and FEMA, to the extent applicable. ARTICLE 38 - DISADVANTAGED BUSINESS ENTERPRISES This provision shall supplement Article 36 oldie Agreement. The Agreement is subject to the requirements of 49 CFR Part 26. The CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the performance of the Agreement. The CONSULTANT 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 CONSULTANT 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 CONSULTANT signs with a sub - consultant must include the assurance in this paragraph. (See 49 CFR 26.13.) Upon request, the CONSULTANT will provide the AUTHORITY with a copy of each subcontract it enters into. The CONSULTANT is required to pay its sub - consultants performing work related to this Agreement for satisfactory performance of that work no later than thirty (30) days after the CONSULTANT'S receipt of payment for that work from the AUTHORITY. The CONSULTANT may not hold any retainage from its sub - consultants unless pursuant to an agreement approved by the AUTHORITY. The CONSULTANT shall return all retainage payments withheld within thirty (30) days after the sub - consultant's work has been satisfactorily completed. The CONSULTANT 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 sub- consultants indicating who has been paid and how. The certifications shall comply with all Federal and State requirements regarding the reporting of DBE participation. The CONSULTANT 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 /euualopvortuttityoflce. Audits may be conducted to review payments to DBE sub - consultants. The CONSULTANT will fully cooperate with the AUTHORITY, FDOT, FHWA or FEMA regarding the monitoring of sub - consultants and payments made thereto. ARTICLE 39 - CERTIFICATION REGARDING SUSPENSION AND DEBARMENT This Agreement is a covered transaction for purposes of 49 CFR Part 29. Accordingly, the CONSULTANT shall verify that neither the CONSULTANT, 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 CONSULTANT agrees to comply with the requirements of 49 CFR 29, Subpart C throughout the term of this Agreement. The CONSULTANT must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. The CONSULTANT acknowledges and affirms that by signing and submitting its bid or proposal, the CONSULTANT made the certification described in Section X of the attached FHWA Form 1273, Exhibit E. CONSULTANT'S certification is a material representation of fact relied upon by the AUTHORITY. If it is later determined that the CONSULTANT 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 CONSULTANT further agrees that it will include a provision requiring such compliance in all of its subcontracts or lower tier covered transactions. Agreement No. 14 -244 - 10 - ARTICLE 40 - ACCESS TO RECORDS AND THEIR RETENTION This provision shall supplement Article 27 of the Agreement. The CONSULTANT 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 CONSULTANT 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 CONSULTANT shall make all of its books, records, and other documents related, in any manner to its or its sub - consultants' performance of the Agreement, available to the AUTHORITY and any other funding entity (e.g., FOOT, 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 CONSULTANT'S place of business or if CONSULTANT'S place of business is not located in Palm Beach County, then at the location for maintenance of records referenced above. The CONSULTANT shall also require its sub- consultants to make their books, records and documents available for examination, audit, reproduction, excerpts, and transcripts, for the same duration and in the seine manner, and at or near the same locations required herein of CONSULTANT. ARTICLE 41- AUDIT REQUIREMENTS This provision shall supplement Article 27 of the Agreement. The CONSULTANT 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 CONSULTANT agrees that it will comply and fully cooperate with the AUTHORITY and any State and/or Federal funding ageney(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 CONSULTANTS performance of the Agreement. ARTICLE 42 - NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) The CONSULTANT 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 43 - AMERICANS WITH DISABILITIES ACT The CONSULTANT 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 44 - COMPLIANCE WITH TITLE VI, TITLE VII AND OTHER FEDERAL LAWS AND REGULATIONS The CONSULTANT 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, FHWA, FEMA, and/or other Federal -aid agencies, as they may be promulgated and amended from time to time. Agreement No. I4-244 - 11 - ARTICLE 45 - CONVICT LABOR PROHIBITION The CONSULTANT 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 46 - CERTIFICATION REGARDING LOBBYING ACTIVITIES A bidder or proposer for an award of certain Federal -aid contracts in the amount of $100,000 or more, trust file the certification required by 49 CFR Part 20. The CONSULTANT confirms that by signing and submitting a bid or proposal for the work covered by this Agreement, it trade the certification described in Section XI of the attached FHWA Form 1273, Exhibit E. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Agreement No. 14-244 - 12 - In Witness Whereof, this Agreement has been fully executed on behalf of the parties hereto by its duly authorized representatives, as of the date first written above. SOLID WASTE AUTHORITY OF PALM BEACH COUNTY: Witness: 1. By: t .... � 1 ark amniond Executive Director 2. SCA& Afh Approved as to Form and Legal Sufficiency: By: % e ne ral Counsel to 1 l e Au . rlty THOMPSON CONSULTING SERVICES, LLC: Attest: 11(4—Lj e By. I�� =11� Corporate Secretary H o y k. (Corporate Seal) Witness: Name: on 1 r f Title: Frest olen+ 2. ' '? Agreement No. 14 -244 - 13 - EXHIBIT A SCOPE OF WORK 1. General Requirements The CONSULTANT must be knowledgeable in Federal Emergency Management Agency (FEMA) and Federal Highway Administration (FHWA) regulations, guidelines and operating policies. The CONSULTANT will support the AUTHORITY during a disaster recovery effort and will be responsible for the overall monitoring of debris collection. The CONSULTANT shall coordinate with the Disaster Debris Removal Contractor(s) and the AUTHORITY to ensure a compliant, well - managed and organized approach to debris collection and disposal within FEMA guidelines. The AUTHORITY intends to utilize an automated debris management system (ADMS) and anticipates that the Disaster Debris Removal Contractor(s) will provide vehicle certification placards. The AUTHORITY will provide a Field Service Representative for each AUTHORITY'S Franchise Service Area (1 -5) to oversee and monitor the collection activity within these service areas and to work directly with the Disaster Debris Removal Contractor(s) and the CONSULTANT to schedule all work. The AUTHORITY will provide temporary debris management sites (DMS). The AUTHORITY currently has an Enterprise GIS System which utilizes ESRI's ArcGIS Server. ArcGIS Desktop Advanced, and Microsoft's SQL Server. Data is published to staff and the public using Rolta's Onpoint, which is a thin client for ESRI's ArcServer. The AUTHORITY'S Disaster Debris Removal Contractor(s) will provide the manpower and collection equipment in a timely manner to safely remove disaster debris as soon as possible. Additionally, the AUTHORITY'S Disaster Debris Removal Contractor(s) will open and operate DMS and immediately begin processing material on site and begin shipping material to final destination within ten (10) days of opening. Task Orders will be issued against the Agreement, as necessary to complete work. What follows is a general description of the work anticipated. 2. Scope of Services The scope of services to be provided pursuant to this Agreement includes, but is not limited to Project/Operations Management, Collection Monitoring, ADMS, Data Processing and Management, DMS Monitoring, Debris Vehicle Certification, Damage Complaint Tracking, Data Compilation and Reporting, Payment Monitoring and Reconciliation Processing, Reporting and Coordinating with the AUTHORITY'S Project /Operations Manager, and other related services as outlined in this section. The AUTHORITY reserves the right to select which specific services the CONSULTANT will provide and to add or delete services throughout the term of this Agreement with mutual consent. 2.1 Project/Operations Management CONSULTANT will be responsible for Project/Operations Management of the debris monitoring activities for the AUTHORITY. This responsibility includes providing an experienced Project /Operations Manager, supplying a temporary field office for the monitoring staff, and coordinating and meeting with Agreement No. 14 -244 - 14 - •EXHIBIT A the AUTHORITY, field staff and contractors. Additionally, CONSULTANT will be responsible for hiring, training, deploying, scheduling and monitoring the activities of its collection monitors. 2.2 Collection Monitoring The CONSULTANT will be responsible for monitoring and certifying all AUTHORITY'S authorized collection activities. This responsibility includes monitoring and certifying all debris loads to ensure eligibility for federal reimbursement, providing trained collection monitors, exercising quality control over the debris monitoring activity, and providing daily feedback to the AUTHORITY. CONSULTANT shall ensure that all Disaster Debris Removal Contractor(s) loads are correctly captured by their ADMS. The CONSULTANT shall photographically document daily collection activities. CONSULTANT shall identify and document all leaners, hangers and stumps and coordinate with federal and state representatives to ensure eligibility and maximum reimbursement. Additionally, the CONSULTANT shall coordinate with the AUTHORITY to respond to problems in the field, such as property damage complaints, debris crew issues, other customer complaints, etc. CONSULTANT'S staff should be equipped with modem communication equipment. CONSULTANT shall have the ability to maintain shapefiles or geodatabases of collection passes, customer complaints and leaners, hangers and stumps including photos, and to track these issues using a GIS and provide an updated shapefile or geodatabase to the AUTHORITY on an appropriately determined schedule. 2.3 ADMS Per FEMA policy document 327 Public Assistance Debris Monitoring Guide, recent advances in automated debris management tracking systems provided real -time, automated tracking and reporting. FEMA embraces technological advancements and recognizes the potential benefits of these automated systems. The CONSULTANT shall provide an electronic automated debris management system that shall create load tickets electronically, eliminating the need for had written and scanned tickets. The ADMS features shall include, at a minimum, the following: 1. Paperless electronic (handheld device) load ticket generation and data collection; 2. Debris vehicle certification data capture at certification site; 3. Encrypted and secure field data transfer (field to DMS, DMS to server); 4. Accessible secure database for government and Disaster Debris Removal Contractors) use. Database will be interne' accessible by Disaster Debris Removal Contractor(s), AUTHORITY, State and other public entities on a need to know basis; 5. Minimal manual entry of load ticket data fields (e.g., load call, type of debris); 6. Automation of debris pickup location thru use of GPS technologies; 7. Evaluation of daily event status using web -based reporting and GIS tools; 8. Coordination of Disaster Debris Removal Contractor(s) invoices, FEMA documentation and applicant payment process enabled thru an integrated database tnanagement system; 9. CONSUTLANT shall use an ADMS during the performance of services under this agreement for managing the collection, transport, and/or disposal of debris. The AUTHORITY has Interlocal Agreements for Disaster Debris Management with municipalities to deliver eligible storm debris to AUTHORITY'S DMS. These municipalities may choose to use the current AUTHORITY'S paper load ticket system. Agreement No. 14-244 - I5 - EXHIBIT A The municipalities must submit a legible and complete paper load ticket at the AUTHORITY'S DMS with each load. The AUTHORITY will provide the truck certification, placard, and load tickets for these municipalities. CONSUTLANT will be responsible to enter paper load ticket data. 2.4 DMS Monitoring The CONSULTANT will provide DMS monitors and spotters to observe and document the unloading, processing and loading of debris in accordance with FEMA requirements and the AUTHORITY'S Debris Management Plan. This responsibility includes estimating the load volume, completing the ADMS load tickets and signing and certifying that the infonnation is complete and accurate. Additional responsibilities include conducting pre -use and post -use environmental monitoring, ensuring that the truck certifications are accurate, ensuring that all collection vehicles are equipped with the necessary safety restraints, coordinating with all federal, state and local agencies, and keeping accurate records. 2.5 Debris Vehicle Certification The CONSULTANT will be responsible for measuring and capturing data elements for each Disaster Debris Removal Contractor(s) vehicle in accordance with FEMA requirements utilizing their ADMS. Additionally, CONSULTANT will take a photograph of each vehicle showing the vehicle number and type of vehicle. CONSULTANT will also perform random verifications once per week at each DMS to ensure that no vehicle modifications have been made. 2.6 Damage Complaint Tracking The CONSULTANT shall assist the AUTHORITY with tracking, managing, reporting and customer follow -up through to resolution of all damage complaints resulting from debris removal activities. The AUTHORITY desires the complaints to be tracked using a GIS including linked photos. 2.7 Data Compilation and Reporting The CONSULTANT will be responsible for collecting, auditing for completeness and accuracy, tabulating and organizing debris disposal data and vehicle certifications, project records, photos and manifests, etc., to support federal (FEMA), state and local reimbursements, and subsequent audits. The CONSULTANT will be responsible for providing regular status updates to the AUTHORITY. This reporting will include creating, updating and maintaining a database to include all information on debris removal and disposal, including number of loads and types, vehicle certification, stump, hanger and leaner infonnation and images. All electronic reporting will be provided in a format acceptable to the AUTHORITY and the AUTHORITY shall have access to the database to perform queries and produce reports. The AUTHORITY will require the CONSULTANT to meet minimum standards for the timeliness of data reporting. 2.8 Payment Monitoring and Reconciliation Processing The CONSULTANT will be responsible for reviewing, validating and reconciling Disaster Debris Removal Contractors) invoices prior to submission to the AUTHORITY for processing. Agreement No. 14-244 - 16 - EXHIBIT A 2.9 Other Related Services Additional services the AUTHORITY desires the CONSULTANT to provide include the following: A. Assistance to the AUTHORITY in preparing final reports for reimbursement by FEMA, FHWA and other agencies; B. Providing professional oversight to ensure compliance with Florida Department of Environmental Protection (FDEP), Florida Department of Transportation (FDOT), Florida Department of Forestry (DOF), and FEMA regulatory and reporting requirements, as well as any other federal, state, or local regulation applicable to debris management; C. Ensuring that the processing of federal funding is done as expeditiously as possible by taking ownership of the responsibility for ensuring the accuracy of invoices, payroll, monitoring information, reports, ADMS data, vehicle certifications, and operating data; D. Meeting with AUTHORITY'S representatives and the Disaster Debris Removal Contractor(s) daily during disaster event activation. Meeting with the AUTHORITY'S Project Manager or his/her designee at least once per year at no cost to the AUTHORITY prior to hurricane season, and; E. Additional services that the PROPOSER wishes to propose or that the AUTHORITY and the CONSULTANT agree to add at later date. REMAINDER OP PAGE INTENTIONALLY LEFT BLANK Agreement No. 14-244 - 17 - EXHIBIT B FEE SCHEDULE I trim NO / PosJTCON DESCRIPTION ESTIMATED UNIT PRICE ExTENSION ANNUAL Hams PER HOUR 1. Project Office/Principal 200 $89.00 $17,800.00 2 Project Manager 700 589.00 562,300.00 3. Operations Manager 1,900 562.50 $118,750.00 4. FEMA Reimbursement Manager 500 $95.00 547,500.00 5. Operations Specialist 700 $49.00 534,300.00 6. Field Supervisor 8,000 $49.00 5392,000.00 7. Engineer/ Scientist /Professional 400 $89.00 535,600.00 8. Environmental Consultant 700 $75.00 552,500.00 9. Environmental Field Technician 700 562.50 $43,750.00 10. Data Manager 700 559.00 $41,300.00 11. GIS Analyst/Specialist 200 $49.00 59,800.00 12. Administrative Support 1,200 $25.00 $30,000.00 13. DMS Monitor _ 22,000 535.00 $770,000.00 14. Field Monitor 43,000 $35.00 $1,505,000.00 15. Cull Center Operator 4,300 $25.00 $107,500.00 16. Data Entry Clerk -Paper Ticket 500 $25.00 512,500.00 TOTAL CONTRACT PRICE: (Items 1 - 16) $3,280,600,00 Fees shall be fully loaded and include all expenses and equipment, including but not limited to, ADMS, travel related expenses, meal allowances, hotel rooms, and any other relevant out of pocket expenses, as well as vehicles, electronics, communications equipment and any other equipment, facilities, or infrastructure necessary to carry out the task. Agreement No. 14 -244 - 18 - EXHIBIT C I SBE PLAN The CONSULTANT is committed to the SBE Participation Plan and will make every effort to achieve AUTHORITY'S participation goal in procurement through sub - consulting to SBEs. In response to the Request for Proposals, RFP No. 14- 244IMRK, the CONSULTANT provided a list of certified SBE sub - consultant who will be used on this Agreement. The CONSUTLANT teamed with CES Consultants, Inc. (CES). CES is SBE certified with the Palm Beach County Office of Small Business Assistance. The CONSULTANT agrees to sub - consult 30% of this Agreement to CES. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Agreement No. 14244 - l9 - EXHIBIT D FEMA 322 PUBLIC ASSISTANCE GUIDE CHAPTER 5 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 rnaintained 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. 14244 - 20 - EXHIBIT E Revriled May 1, 2012 • FHWA -1273 REQUIRED CONTRACT PROVISIONS 111 FEDERAL. -MD CONSTRUCTION CONTRACTS 1 General payment. termination of the contract, suspension / debamenl II. Nondlealminadon or any other action determined to be appropriate by the 111. Nonsegregated Facilities contracting agency and FHWA. IV. Davis -Bacon and Related Act Provisions V Contract Work Hours and Safety Standards Act 4 Selection of Labor. During the performance of this contract. Provisions the contractor shall not use convict labor for any purpose VI. Subletting or Assigning the Contract within the limits of a construction project on a Federal -aid VII. Safety: Accident Prevention highway unless it is labor performed by convicts who are on VIIi False Statements Concerning Highway ProjacLs perch. supervised release, or probation. The ben Federal -ald IX Implementation of Clean Air Act and Federal Water highway does not Include roadways functionally classified as Pollution Control Act local roads or rural manor collectors. X Compliance with Govemment wide Suspension and Debarment Requirements 11. NONDISCRIMINATION XI Certification Regarding Use of Contract Funds for Lobbying The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to al ATTACHMENTS related construction subcontracts of *10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material A Employment and Materials Preference for Appalachian supply, engineering. or architectural service contracts Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) In addition. Ma contractor and al subcontractors must comply with the following polities. Executive Order 11248, 41 CFR 60, 1. GENERAL 29 CFR 1625 -1827, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Tide VI 1 Form FHWA - 12T3 must be physically incorporated In each of the CM Rights Act of 1964, as amended. and related construction contract funded under Title 23 (excluding regulations including 49 CFR Parts 21,26 and 27; and 23 CFR emergency contracts solely intended for debris removal). The Parts 200, 230, and 633. contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier The contractor and all subcontractors must comply with: the subcontracts (excluding purchase orders, rental agreements requirements of the Equal Opportunity Clause in 41 CFR 80- and other agreements for supplies or services). 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity The applicable requirements of Form FHWA -1273 are Construction Contract Specifications In 41 CFR 60-4 3 incorporated by reference for work done under any purchase order. rental agreement or agreement for other services. The Note: The U.S. Department of Labor has exclusive authority to prime contractor shaft be responsible for complance by any detemmine compliance with Executive Order 11246 and the subcontractor, lower -tier subcontractor or service provider. policies of the Secretary of Labor including 41 CFR 80, and 29 CFR 1625 -1627. The contracting agency and the FHWA have Form FHWA -1273 must be included in all Federal -aid design - the authority and the responsibility to ensure oomphn ce with build contracts, in all subcontracts and in lower Uer Tide 23 USC Section 140. the Rehabilitation Act of 1973. as subcontracts (excluding subcontracts for design services, amended (29 USC 794), and 1111e VI of the Civil Rights Act of purchase orders, rental agreements and other agreements for 1964. as amended. and related regUlalane including 49 CFR supplies or services). The design- bulkier shall be responsible Pans 21, 28 and 27; and 23 CFR Parts 200, 230, and 833. for complance by any subcontractor, lower -tier subcontractor or service provider The following provision Is adopted from 23 CFR 230. Appendix A, with appropriate revisions to conform to the U.S Contracting agencies may reference Fonn FHWA -1273 in bid Department of Labor (US DOL) and FHWA requirements. proposal or request for proposal documents, however, the Form FHWA -1273 must be physically incorporated (not 1. Equal Employment Opportunity: Equal employment referenced) in all contracts, subcontracts and lower -der opportunity (EEO) requirements not to discriminate and to lake subcontracts (excluding purchase orders, rental agreements affirmative action to assure equal opportunity as set forth and other agreements for simples or services related to rd under laws, executive orders, rules, regulations (28 CFR 35, construction contract). 29 CFR 1830, 29 CFR 1625 -1627, 41 CFR 80 and 49 CFR 27) and orders of the Secretary of Labor as modified by the 2 Subject to the appllcabltty criteria noted In the following provisions prescribed heroin, and imposed pursuant to 23 sections, these contract provisions shall apply to all work U.S.G. 140 shaft constitute the EEO and specific affirmative performed on the contract by the contractor's own organization action standards for the contractor's project activities under and with the assistance of workers under the contractor's this contract. The provisions of the Americans with Disabilities immediate superintendence and to all work performed on the Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR contract by piecework, station work, or by subcontract. 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract. the contractor 3 A breach of any of the stipulations contained in these agrees lo comply with the following minimum specific Required Contract Provisions may be sufficient grounds for requirement activities of EEO: withholding of progress payments, withholding of final Agreement No. 14-244 - 21 - EXHIBIT E a The contractor wit work with the contracting agency and employees, and establish with such idanttfled sources the Federal Government to ensure that it has made every procedures whereby minority and women applicants may be good faith effort to provide equal opportunity with respect to all referred to the contractor for employment oonsideratiort. of its teens and conditions of employment and in their review of activities under the contract. b. In the event the contractor has a valid bargaining agreement pmviring for exclusive hiring hall referrals. the b. The contractor will accept as its operating policy the contractor is expected to observe the provisions of that following statement agreement 10 the extent that the system meets the contractor's compliance with EEO contract provisions. Where It Is the policy of this Company to assure that applicants are implementation of such an agreement has the effect of employed, and Thal employees are treated dung employment discriminating agekhst minorities or women, or obligates the without regard to their race. religion, sex, color, national origin, contactor to do the same, such implementatcn violates age or disability. Such action shall include: employment, Federal nondiscrimination provisions upgrading. demotion, or transfer; recruilrnent or recndlment advertising; layoff or termination: rates of pay or other tams of c. The contractor will encourage its present employees to compensation: and selection far training, including refer minorities and women as applicants for employment apprenticeship, pre - apprenticeship, and/or on-the-job training : information and procedures with regard to referring such applicants will be discussed with employees. 2 eeo Officer: The contractor will designate and make known to the contracting officers an EEO Offioerwho will have 5. Personnel Actions: Wages, working conditions, and the responsibility for and must be capable of effectively employee benebts shy be established and administered, and administering and promoting an active EEO program and who personnel actions of every type, including hiring. upgrading. crust be assigned adequate authority and responsibility to do promotion. transfer, demotion. layoff, and termination, Oak be so. taken without regard to race, color, religion, sex. national • origin age or disability. The following procedures shall be 3. Dissemination of Policy: M members of the contractor's followed: staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who a The contractor will conduct periodic Inapectons of project are substantially involved in such adlon, will be made fully sites to insure that working conditions and employee facilities cognizant of, and wlii implement, the contractor's EEO policy do not indicate discriminatory treatment of project site and contractual reaponsibldtes to provide EEO In each grade personnel and classification of employment To ensure that the above agreement wsf be met, the following actions will be taken as a b. The contractor will periodically evaluate the spread of minimum: wages paid within each classification to determine any evidence of discriminatory wage practices. a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and Then c. The contactor wit periodically review selected personnel not less often than once every six months, at which time the actions In depth to determine whether there Is evidence of contractor's EEO policy and in- implementation will be discrimination. Where evidence is found, the contractor will reviewed and explained The meetings will be conducted by promptly take corrective action. If the review indicates Orel the he Ero Officer. discrimination may extend beyond the actions reviewed, such corredive action shall include all affected persons. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer. covering d, The contactor will promptly investgete all complaints of all major aspects of the contractor's EEO obligations within alleged disaiminedon made to the contractor in conrectkm thirty days following their reporting for duly with the contractor with its obligation under this contract, wit attempt to resolve such complaints, end will take appropriate corrective action c. AN personnel who are engaged in direct recruitment for within a reasonable time. If the Investigation indicates that the the project will be instructed- by the EEC Officer In the discrimhination may affect persons other than the complainant, contractor's procedures for locating and hiring minorities and such corrective salon shall Include such other persons. Upon women. completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal, d. Notices and posters setting forth the contractor's EEO poicy will be placed in areas readily accessible to employees, 6. Training and Promotion: appllcants for employment and potential employees. a. The contactor will assist in locatkg, qualifying, and 6. The contractor's EEO policy and the procedures to increasing the skills of mk odtles and women who are Implement such policy will be brought to the attention of applicants for employment or current employees. Such efforts employees by means of meeUngs, employee handbooks, or should be aimed at devetping full journey level statue other appropriate means. employees in the type of trade or lob ciazslfcation involved. 4. Recruitment: When advertising for employees, the b. Conslshtnt with the contractor's work force requirements contractor will include in all advertisements for employees the and as penntasbble under Federal and State regulations. the notation: 'An Equal Opportunity Employer,' All such contractor shall make lull use of training programs. i.e., advertisements will be placed in publications having a large apprenticeship, and on-the-job training programs for the circulation among minorities and women in the area from geographical area of centred performance. in the event a which the project work force would namely be derived, spedel provision for training is provided under this contract. this subparagraph will be superseded as Indicated in the a. The contractor will, unless precluded by a valid bargaining spedal provision. The contracting agency may reserve agreement, conduct systematk and direct recruiewent through training positions for persons who receive welfare assistance public and private employee referral sources likely to yield in accordance with 23 U.S.C. 140(a). qualfled minorities and women. To meet this requirement. the c. The contractor will advise employees and applicants for contractor will identity eources of potential minority group ernptoyment of available training programs and entrance Agreement No. 14 -244 - 22 - EXHIBIT E requirements for each. 10. Assurance Required by 49 CFR 26.13(b): d The contractor will peefodically rstr ew the training said promotion potential of employees who are mtnorUles and a. The requirements of 49 CFR Part 26 and the State DOTS women and will erwourage eligible employees to appy for U,S. DOT - approved DBE program are incorporated by such training and promotion reference. 7. Unions: 11 the contractor relies to whale or in pad upon b. The contractor or subcontractor shall not discriminate on unions as a source of employees. the contractor will use good the basis of race, color, national origin. or sax in the faith efforts to obtabl the cooperation of such unions to performance of this contract. The contractor shall carry out increase opportnarfies for minorities and women Actions by applicable requirements of 49 CFR Part 26 in the award and the contractor, either directly or through a contractor's administration of DOT - assisted contracts. Falure by the association acting as agent, w61 Include the procedures set contractor to carry out these requirements is a material bleach forth below• of this contract, which may result In the termination of this contract or such other remedy as the contracting agency a The contractor will use good faith efforts to develop, in deems appropriate. cooperation with the unions, joint trebling programs aimed toward qualifying more minorities and women for membership 11. Records and Reports: The contractor shall keep such in the unions and increasing the skills of minorities and women records as necessary to document compliance with the EEO so that they may qualify for higher paying employment. requirements. Such records shall be retained for a period of three years following the date of the Anal payment to the b The contractor will use goad faith efforts to Incorporate an contractor for all contract work and shall be available at EEC) clause into each union agreement to the end that such reasonable times and places for inspection by authortzed union will be contractually bound to refer applicants without representatives of the contracting agency and the FHWA regard to their race, color, religion, sex, national origin, age or disability a. The records kept by the contractor shall document the (lowing: c. The contractor is to obtain information as to the referral practices and potictes of the labor union except that to the (1) The number and work hours of minority and non - extent such information is within the exclusive possession of minority group members and women employed in each work the tabor union and such labor union refuses to furnish such classification on the project: information to the contractor, the contractor shal so certify to (2) The progress and efforts being made le 000peratton the contracting agency end shall set forth whet efforts have with unions, when applicable, to increase employment been made to obtain such information oppertuntles for minorities and women; and (3) The progress and efforts being made 1n locating, hiring, d in the event the union is unable to provide the contractor training, qualifying. and upgrading mtnorgles and women: with a reasonable flow of referrals within tie time limit set forth in the collective bargaining agreement. the contractor will. b. The contractors and subcontractors will submit an annual through independent recruitment efforts. All the employment report to the contracting agency each July for the duration of vacancies without regard to race, color, religion, sex, national the project, Indicating the number of minority, women, and origin, age or disability: making full efforts to obtain quaWUed non - minority group employees currently engaged in each worts andlor qualifiable minorities and women. The failure of a union classification required by the contract work. This Information Is to provide sufficient referrala (even though it la obligated to to be reported on form FHWA -1381. The staffing data should provide exclusive referrals under the terms of a collective represent the protect work force on board in al or Eny part of bargaining agreement) does not relieve the contractor from the the fast payroll period preceding the end of July. if on-the -job requirements of this paragraph. In the event the union referral training is being required by *pedal provision, the convector practice prevents the contractor from meeting the obligations will be required to collect and report training dela. The pursuant to Executive Order 11248. as amended, and these employment dsta should reflect the wait force on board during special such contractorshrU Immediately notify the all or any part of the last payroll period preceding the end of contracting agency July. S. Reasonable Accommodation for Applicants 1 fit. NONSEGREGATED FACILITIES Employees with Disabilities: The contractor must be familiar with the requirements for and compty with the Americans with This provision is applicable to all Federal -aid construction Disabilities Act and all rtes and regulations establishwed tare contracts and to at related consbaxAlon subcontracts of under. Employers must provide seasonable accommodation in 610.000 or more. all employment activities unless to do so wound cause an undue hardship The contractor must ensure that facilities provided for employees we provided in such a manner that segregation on 8. Selection of Subcontractors, Procurement of Materials the basis of race, color, religion. sex, or national origin cannot end teasing of Equipment: The contractor shall not result. The contractor may neither require such segregated discriminate on the grounds of race, cola, religion, sex. use by written or oral pondas nor tolerate such use by national origin, age or disability In the aelsclan and retention employee c stom. The oo nlrsotors obligation extei:de further of subcontractors, including procurement of materiels and to ensure that its employees are not assigned to perform their leases of equipment, The contractor shall take all necessary servkos at any location, under the ccntredds control, when and reasonable steps to ensure nondiscrimination M the the fealties are segregated. The term "Willies' includes administration of this contract. waiting rooms, work areas. restaurants and other eating areas. time clocks, restrooms, washrooms, iodcer rooms, and other a. The contractor shall notify ell potential subcontractors and storage or dressing areas, pertdng lots, linking fountains, suppliers and lessors of their EEO obligations under this recreation or entertainment areas, transportation, and housing contract. provided for employees. The contractor shoe provide separate b. The contractor wit use good faith efforts to ensure or single -user restrooms and necaasary dressing or sleeping subcontractor compliance with their EEO obligations. areas to assure privacy between sexes, Agreement No. 14-244 - 23 - EXHIBIT E fV. DAV1S -BACON AND RELATED ACT PROVISIONS (2) If the contractor and 0* laborers and mechanics to be employed in the classification (if known), or their This section Is applicable to all Federal-aid construction representatives, and the contracting officer agree on the projects exceeding 52,000 and to all related subcontracts and classification and wage rate (Including the amount designated lower-tier subcontracts (regarceess of subcontract size). The for fringe benefits where appropriate). a report of the action requirements apply to all projects located within the right -of taken shah be sent by the contracting officer to the way of a roadway that is functionally classified as Federal -aid Administrator of the Wage and Hour Division, Employment highway. This excludes roadways kacctionaly classified as Standards Admkestration, U.S. Department of Labor, local roads or rural minor collectors, which are exemp4 Washington, DC 20210. The Administrator, or an authorized Contracting agencies may elect to apply these requirements to representative. will approve, modify, or disapprove every other projects. additional classification ec1100 within 30 days of receipt and so advise the contracting °Nicer or will nobly the contracting The following provisions are from the U.S. Department of officer within the 30.day period that additional time is Labor regulations in 29 CFR 5.5 "Contract provisions and necessary. related matters' with mina revisions to conform to the FHWA- (3) In the event the contractor, the laborers or mechanics 1273 format and FHWA program requirements. to be employed in the dassi icetion or their representatives, and the aonlrecting officer do not agree on the proposed 1. Minimum wages classification and wage rite (inducting the amount designated for fringe benelte, where appropriate). the contracting officer a AN laborers and mechanics employed or working upon the shall refer the questions, Including the views of all interested site of the work, will be paid unconditionally and not less often parties and the recommendation of the contracting officer, to than once a week, and without subsequent deduction or rebate the Wage and Hour Administrator for determination. The Wage on any account (exceot such payroll deductions as are and Hour Administrator, or an authorized representative, will permitted by regulations issued by the Secretary of Labor Maus a determinMloon within 30 days of receipt and so advise under the Copeland Act (29 CFR part 3)), the full amount of the contracting oilier or wilt notify the contracting officer within wages and bona fide fringe benefits (or cash equivalents the 30-day period that addiiomi time is necessary. thereof) due at time of payment computed at rates not less (4) The wage rate (Y►ducang fringe benefits where than those contained M the wage determination of the appropriate) determined pursuant to paragraphs 1.b.(2) or Secretary of Labor which is attached hereto and made a part 1 b (3) of this section, shall be paid to all workers perfamning hereof, regardless of any contractual relationship which may work In the dassllcatlon under this contract from the first day be alleged to exist between the contractor and such laborers on which work Is performed in the classification. and mechanics c. Whenever the minimum wage rote prescribed in the Contributions made or costs reasonably anticipated for bona contract fora lass of laborers or medhanics Includes a fringe fide fringe benepls under section 1(b)(2) of the Davie -Bacon beneliwhich is not expressed as an hourly rate, the contractor Act on behalf of laborers or mechanics are considered wages shah either pay the benefit as stated in the wage determination paid to such Laborers or mechanics, subject to the provisions or shall pay another bona Nde fringe bents* or an hourly cash of paragraph 14. of This section; also, regular contributions equivalent thereot made or costs Incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs d. If the contractor does not make payments to trustee or which cover the partkcdar weeky period, are deemed to be other third person, the contractor may consider as pert of the consuuctivey made or incurred during such weekly period. wages of any laborer or mechanic the amount of any costs Such laborers and mechanics shall be paid the appropriate reasonably anticipated in providing bona fide trknge benefits wage rate and fringe benefits on the wage determination for under a plan or program, Provided. That the Secretary of the classification of work actually performed. wfilhout regard to Labor has found, upon the written request of the contractor, skill, except as provided in 29 CFR 5.5(aX4). Laborers or that the applicable standards of the Davis -bacon Act have mechanics performing work In more than one classification been meL The Secretary of Labor may require the contractor may be compensated at the rate specified for sadh to set aside Ina separate account assets for Ube meeting of classification for the time actually worked therein: Provldsd, obligation under the plan or program. That the employer's payroll records accurately sal forth the time spent In each classification in which work Is performed. 2. Withholding The wage determination (including any addlional classification and wage rates conformed under paragraph 1.b, of this The contracting agency shag upon its own action or upon sect ion) and the Davis -Bacon poster (WH -1321) shall be written request of an authorized representative of the posted at all times by the contractor and its subcontractors si Department of Labor, withhold or cause to be withheld from the alts of the work in a prominent and accessible place where the contractor under this cantracL or any other Federal it can be easily seen by the workers. contract with the some prime contractor, or any other federaNy- asslsted contract subject to Davis -Bacon Parading wage b (1) The contracting officer shall require that any class of requirements, which is held by ire same prise contractor, so laborers or mechanics, Including helpers, which Is not listed in much of the accrued payments or advances as may be the wage determination and which is to be employed under the considered necessary to pay Laborers and mechanics, contract shall be classified in conformance with the wage Including apprentbea, trainees, and helpers, employed by the determination. The contracting officer shah approve an contractor or any subcontractor the full amount of wages additional dassifcaton and wage rate and fringe benefits required by the contract. In the event of failure to pay any therefore only when the following criteria have been met laborer or mechanic, including any apprenfios. trainee. or (I) The work to be performed by the classification helper, employed or working on the site of the work, all or part requested is not performed by a classification in the wage of the wages required by the contract, the contracting agency determination; and may, titer written nonce to the contactor, take such action as (1) The classification is utilized in the area by the may be necessary to cause the suspension of any further ccnstrudlon Industry; and payment, advance, or guarantee of kinds until such violations (Ni) The proposed wage rate, Including any bons fide have ceased. hinge benefits, bears a reasonable relationship to the wage rates contained in the wage determination. Agreement No. 14-244 - 24 - EXHIBIT E 3 Payrolls and basic records Tess than the amicable wage rates and fringe benefits or cash equivalents for the classlficadon of work performed. as a Payrolls and basic records relating thereto shall be specified in the applicable wage determination Incorporated mainlalned by the contractor during the course of Uhe work and into the contract preserved for a period of three years thereafter for all laborers (3) The weekly submlesion of a property executed and mechanics working at the site of the work Such records certification set forth on the reverse aids of Optional Fonn shall exxhtaln the name. address, and social security number of WH-347 shell satisfy the requirement for submission of the each such worker, his or her correct tdessiicatian, hourly rates 'Statement of Compliance requlrsd by paragraph 3.b.(2) of of wages paid (including rates of contributions or coats this section. anticipated for bona iide fringe benefits or cash equivalents (4) The falsification of any of the above certifications may thereof of the types described In section 1(b)(2)(B) of the subject the contractor or subcontractor to civil or criminal Davis -Bacon Act), daily and weekly number of hours worked, prosecution under section 1001 of tide 18 and section 231 of deductions made and actin wages paid. Whenever the title 31 of the Unked States Code, Secretary of Labor has farad under 29 CFR 6 5(ael)(ty) that the wages of any laborer or mechanic include the amount of c. The contractor or subcontractor shall make the records any costa reasonably anticipated m providing benefits under a required under paragraph 3.a. of (Nis section available for plan or program described In section 1(b)(2X13) of the Davis- Inspection, copying, or transcription by authorized flacon Act. the contractor shall maintain records which show representatives of the contracting agency, the State DOT, the that the commitment to provide such benefits Is enforceable. FHWA. or the Department of Labor, and shall permit such Chet the plan or program is flnenclely responsible, and That the representatives to Interview empbyees during working hours plan or program has been oommuntcated in writing to the on the job. If the contractor or subcontractor faits to submit the laborers or mechanics affected, and records which show the required records or to make them ava able, the FHWA may. costs anticipated or the actual coat incerred in providing such after written notice to the contractor, the contracting agency or benefits Contractors employing apprentices or trainees under the State DOT, take such action as may be necessary to approved programs shat maintain written evidence of the cause the suspension of any hither payment advance. or registration of apprenticeship programs and certification of guenentee of funds. Furthermore, failure to submit the required trainee programs, the registration of the apprentices and records upon request or to make such records available may trainees, and the ratios end wage rates prescribed In the be grounds for debarment acn pursuant to 29 CFR 5.12. applicable programs. 4. Apprentices and trainees b (1) The contractor shall submit weekly for each week In which any contract work is performed a copy of as payrolls to a. Apprentices (programa of the USDOL). the contracting agency. The payrolls sutxnitted shall set out accurately and completely all of the Information required to be Apprentices will be permitted to work at less than the maintained under 29 CFR 5.6(a)(3)(1), except that fur social predetermined rate for the work they performed when they are sec rky numbers and home addresses shall not be Inducted employed pursuant to and individually registered Inc bona fide on weekly kanarnittals. Instead the payrolls shell only need to apprenticeship program registered with the U.S. Department of include an individually identifying number for each employee ( Labor. Employment and Training AdmWstration, Office of e.g , the last four digits of the employee's social security Apprenticeship Training. Employer and Labor Servlces, or with number }. The required weekly payroll information may be a State Apprenticeship Agency recognized by the Office. or if a submitted in any form desired. Optional Form W11-347 is presort is employed in his or her first 90 days of probationary available for this purpose from the Wage and Hour Division employment as an apprentice in such an apprenticeship Web site at httplfwerw.dol.gov/asarwhdiformsAvh347instriarn program, who is not Indivtdu*Ny registered in the program. but or Its successor site. The prime contractor is responsible for who has been certified by the Office of Apprenticeship the submission of copies of payrolls by ell subcontractors. Training. Employer and Labor Services or a Slate Contractors and subcontractors shalt maintain the full social Apprenticeship Agency (where appropriate) to be eligible for security number and current address of each covered worker. probationary employment as an apprentice. and shall provide than upon request la the contracting agency for transmission to the State DOT, the FHWA or the Wage end The allowable ratio of apprentices to journeymen on the job Hour Division of the Department of Labor for purposes of an site in any craft classification shag not be greater than the ratio Investigation or audit of compliance: with preveling wage permitted to the contractor as to the entire worts force under requirements it is not a vtdation of this section for a prime the registered program. Any worker fisted on a payroll at an contractor to require a subcontractor to provide addresses and apprentice wage rate, who R not registered or otherwise social security numbers to the prlms contractor for its own employed as stated above, shall be paid not leas than the records, without weekly submission to the contracting agency. apptcable wage rate on the wage determination tor the (2) Each payrol submitted shall be accompanied by a rl rssUketon of work actuary performed. In addition, any "Statement of Compliance, signed by the contractor or apprentice performing wok on the job sae In excess of the subcontractor or his or her agent who pays or supervises the rato permitted under the registered program shell be paid not payment of the persons employed under the contract and shall less than the applicable wage rate on the wage determination certify the following: for the work actuary performed. Where a =tractor is (i) That the payroll for the payroll period contains the performing conslructlon on a project in a locality other than information required to be provided under §5.5 (ae3)(6) of that in which lus program is registered, the ratios and wage Regulations, 29 CFR part 5, the appropriate information is rates (e xpreseed in peroentegea of the journeyman's hourly being maintained under §5.5 (ae3XI) of Regulations. 29 CFR rate) swelled In the contractor's or subcontracors registered part 5, and dial such information is correct and complete; program shat be observed. (G) That each laborer or medrenic (including each helper, apprentice, and trainee) employed on the contract Every apprentice must be paid at not leas than the rate during the payroll period has been paid the full weekly wages specified in the registered program for the apprentice's level of earned, without rebate, either directly or Indirectly, and that no progress, expressed as a percentage of the journeymen hourly deductions have been made either directly or indirectly from rate specified In the applicable wage determination. the fur wages earned, other than permissible deductions as Apprentices shall be paid fringe benefits in accordance with set forth in Regulations, 29 CFR part 3; the provisions of the apprenticeship Program. if the ell) That each laborer or mechanic has been paid not apprenticeship program does not sperctfy fringe benefits, Agreement No. 14-244 - 25 - EXHIBIT E apprentices must be paid the full amount of fringe ben efts 3. which are incorporated by reference in this contract. listed on the wage determination for the applicable classification. If the Administrator determines that a different 6. Subcontracts. The contractor or subconlrectar shall practice prevails for the applicable apprentice classification. insert Form FHWA -1273 in any subcontracts and also require fringes shall be paid in accordance with that determination. the subcontractors to Include Form FHWA -1273 to any Hower In the event the Office of Apprenticeship Training. Employer tier subcontracts. The prime contractor shag be responsible for and Labor Services, or a State Apprenticeship Agency the compliance by any subcontractor or lower tier recognized by the Office. withdraws approval of an subcontractor with al the contrect clauses in 29 CFR 5.5 apprenticeship program, the contractor will no longer be permitted lo uWtze apprenUces at less than the applicable 7. Contract termination: debarment. A breach of the predetermined rate for the work performed until an acceptable contract clauses in 29 CFR 5.5 may be grounds for termination program is approved. of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12, b Trainees (programs of the USDOL). 8. Compliance with Davis -Bacot end Related Act Except as provided in 29 CFR 5.16, esthete will not be requirements. All rulings and interpretations of the Davis - permitted to work at less than the predetermined rate for the Bacon and Related Ads contained in 29 CFR parts 1.3, and 5 work performed unless they are employed pursuant to and are herein incorporated by reference in this canlred. individually registered In a program which has received prior approval, evidenced by formal certification by the U.S. 9. Disputes concerning tabor standards. Disputes arising Department of Labor, Employment and Training out of the labor standards provisions of this contract steal not Administration. be subject to the general disputes clause of this contract Such disputes shat be resolved in accordance with the procedures The ratio of trainees to Journeymen on the job site shall not be of the Department of Labor set forth in 29 CFR parts 5. 8. and greeter than permitted under the plan approved by the 7. Disputes within the meaning of this cause include disputes Employment and Training Administration between the =enactor (or any of ifs subcontractors) and the contracting agency, the U.S. Department of labor. or the Every trainee must be paid at not less than the rate specified employees or their representatives. in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rata 10. Certiflcatdon of eligibility. specified In the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the a By entering into this contract, the contractor certifies that trainee program. If the trainee program does not mention neither It (nor he or she) nor any person or firm who has an fringe benefits. trainees shall be paid the tuff amount of fringe interest in the contractor's lien is a person or firm ineligible to benefits listed on the wage determination unless the be awarded Goverment contracts by virtue of section 3(a) of Administrator of the Wage and Hour Division determines Mat the Davis -Bacon Act or 29 CFR 5.12(a)(1). there is an apprenticeship program associated with the corresponding Journeyman wage rate on the wage b. No part of this contact shall be subcontracted to any determination which provides for less than full fringe benefits person or firm kielgible for award of a Government contract by for apprentices. My employee listed on the payroll at a trainee virtue of section 3(a) of the Davis -Bacon Act or 29 CFR rate who is not registered and participating in a training plan 5.12(ax1). approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage c. The penalty for melding false statements is prescribed in determination for the dessilicatlon of work actually performed. the U.S. Criminal Code. 18 U.S.C. 1001. In addition, any trains performing work on the job alts in emcees of the ratio permitted under the registered program V. CONTRACT WORK HOURS AND SAFETY STANDARDS shall be paid not less than tine applicable wage rate on the ACT wage dettrminatlon for the work actually performed. In the event the Employment and Training Administration The following clauses apply to any Federal -aid construrtIon withdraws approval of a training program, the contractor WIN no contract In an amount in excess of $130,000 and eubject to the longer be permitted to Maize trainees at less than the overtime provisions of the Contract Work Hours and Safety applicable predetermined rate for the work performed until an Standards Act. These clauses shall be inserted In addition to acceptebie program is approved. the clauses required by 29 CFR 5.5(a) or 29 CFR 4.8. As used in this paragraph, the leans laborers and mechanics c. Equal employment opportunity. The utilization of include watchmen and guards. apprentices, trainees and journeymen under this pert shell be in conformity wilh the equal employment opportunity 1. Overtime requirements. No contractor or subcontractor requirements of Executve Order 11240, as amended. and 29 emending for any pat of the contract work which may require CFR part 30. or Involve the employment of i b rers or mechanics shah require or penult any such laborer or mechanic in any d. Apprentices and Trainees (programs of the U.S. DOT). workweek In vwhlch he or she is employed on arch work to Apprentices and trainees working under apprenticeship and work In excess of forty hours in such workweek unless such skill training programs which have been certified by the laborer or mechanic receives compensation at a rate not less Secretary of Transportation as promoting EEO In connection then one and one-half times the basic rate of pay for all tours with Federal -aid highway construction programs are not worked in excess of Forty toes In such workweek. subject to the requirements of paragraph 4 of this Section IV. The straight Ilene hourly wage rates for apprentices and 2. Violation; liability for unpaid wages; liquidated trainees under such programs will be established by the damages. in the event of any violation of the douse set forth particular programs. The ratio of apprentices and trainees to in paragraph (1.) of this section, the contractor and any journeymen shah not be greater than permitted by the terms of subcontractor responsible *melon shall be liable for the the particular program. unpaid wages. In addition, such contractor and subcontractor 5. Compliance with Copeland Act requirements. The shaft be liable to the United States (In the case of work done contractor shall comply with the requirements of 29 CFR part under contract for the District of Columbia or a territory, to such Agreement No 14 -244 - 26 - EXHIBIT E District or to such territory), for liquidated damages Such b. 'Specialty Items' and be construed to be Limited to work liquidated damages shall be computed with respect to each that requires highly specialized knowledge, abilities, or individual laborer or mechanic, including watchmen and equipment not ordinarily available in the type of contracting guards, employed In violation of the clause set forth in organlzailone qualified and expected to bid or propose on the paragraph (1.) of this section, in the sum of $10 for each contract as a whole and in general are to be Limited to manor calendar day on which such individual was requred or components of the overall contract, permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the 2 The contract amount upon which the requirements sat loth clause set forth in paragraph (1) of this section. in paragraph (1) of Sect'on VI is computed includes the cost of material and manufactured products which are to he 3. Withholding for unpaid wages and liquidated purchased or produced by the contractor under the contract damages. The FHWA or the contacting agency shag upon Its provisions. awn action or upon written request of an authorized representative of the Department of labor withhold or cause to 3 The contractor shall furnish (a) a competent be withheld, from any moneys payable on account of work superintendent or supervisor who is employed by the ann, has performed by the contractor or subcontractor under any such fun authority to direr performance of the work In accordance contract or any other Federal contract with the same prime with the contract requirements, and Is In charge of at contractor, or any other federally- assisted contract subject to construction operations (regardless of who performs the work) the Contract Work Hours and Safety Standards Act, which is and (b) such other of its own arganizailonal resources held by the same prime contractor, such sums as may be (supervision, management. and engineering services) as the determined to be necessary to satisfy any liabilities of such oontrecUng officer determines is necessary to assure the contractor or subcontractor for unpaid wages and liquidated performance of the contract. damage. as provided in the clause set forth in paragraph (2 ) of this section 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the vrriten consent of the 4. Subcontracts. The oontractor or subcontractor shall contracting officer, or authorized representative, and such insert in any subcontracts the clauses set forth in paragraph consent when given shell not be construed to renews the (1.) through (4.) of thle section and also a clause requiring the cantrector of any responsibility for the fulfilment of the subcontractors to include these clauses in any lower der contract. Written consent will be given only after the subcontracts. The prime contractor shall be responsible for contracing agency has assured that each subcontract is compliance by any subc niactor or lower tier subcontractor evidenced in writing and that it contains all pertinent provisions with the clauses set forth in paragraphs (1.) through (4.) of this and requirements of the prime contract section. 5. The 30% self - performance requirement of paragraph (1) Is Vt. SUBLETTING OR ASSIGNING THE CONTRACT not applicable to design -build contracts; however. contracting agendas may establish their own self - performance This provision is applicable to all Federahald construction requirements. contracts on the National Highway System. VII. SAFETY: ACCIDENT PREVENTION 1 The contractor shell perfom with its own organization contract wok amaundng to not less than 30 percent (or a This provision is applicable to al Federal -aid construction greater percentage if specified elsewhere in the contract) of contracts and to a related subcontracts. the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be 1 In the pedormance of this contract the contractor shall performed by subcontract and the amount of any such comply with ail applicable Federal, State. and Iocel laws specialty Items pertonned may be deducted from the total governing safety. health, and sanitation (23 CFR 635). The original contrail price before computing the amount of work contractor shad provide an safeguards. safety devices and required to be performed by the contractor's own organization protective equipment and take any other needed actions as It (23 CFR 636.116). determines, or as the contracting officer may delennina, to be reasonably necessary to protect the Ile and heath of a. The terrn•perfonm work with its own organization" refers to employees on the job and the safety of the public and to workers employed or leased by the prime contractor, and protect property In connection with the performance of the equipment owned or rented by the prime contractor, with or work covered by the contract. without operators, Such Senn does not Include employees or equipment of a subcontractor or lower tier subcontractor, 2. it is a condition of this contract, and shall be made a agents of the prime contractor, or any other assignees. The condition of each subcontract, which the contractor enters Into term may include payments for the costs of hiring leased pursuant to this contract. that the contractor and any employees from an employee leasing firm meeting all relevant subcontractor shall not permit any employee. in perkrrnance Federal and State regulatory requirements. Leased of the contract, to work in surroundings or under conditions employees may only be included in this term If the prime which are unsanitary, hazardous or dangerous to hislher contractor meets all of the following conditions health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary (1) the prkne contractor maintain control over the of Labor, in accordance with Section 107 of the Contract Work supervision of the day-to-day acdvdles of the leased Hours and Safety Standards Act (40 U.S.C. 3704). employees. (2) the prime contractor remains responsible for the quality 3. Pursuant to 29 CFR 1926.3, It Is a umdnion of this contract of the work of the leased employees; that the Secretary of Labor or authorized representalve (3) the prime contractor retains all power to accept or thereof, shall have right of may to any site of contract exclude indtvtdute employees from work on the project; and perfomcence to inspect or investigate the matter of compliance (4) the prima contractor remains ultimately responsible for with the construction *slaty and health standards and to carry the payment of predetermined minimum wages. the out the duties of the Secretary under Section 107 of the submission of payrolls. statements of compliance and all other Contract Work Hours and Safety Standards Act (40 Federal regulatory requirements. U.S.C.3704). Agreement No. 14 -244 - 27 - EXHIBIT E X. CERTIFICATION REGARDING DEBARMENT, VOL FALSE STATEMENTS CONCERNING HIGHWAY SUSPENSION, INELIGIBILITY AND VOLUNTARY PROJECTS EXCLUSION This provision is applicable to all Federal -aid construction This provision is applicable to ail Federal -aid construction contracts and to all related subcontracts. contracts. design-build contrails, subcontracts, lower -tier subcontracts, purchase orders, Ieaae agreements, consulanl in order to assure high quality and durable construction in contracts or any other covered transaction requiring FHWA conformity with approved pima and specifications and a high approval or that b estimated to cost 526,000 or more — as degree of reliability on statements and representations made defined in 2 CFR Parts 180 and 1200. by engineers, contractors, suppliers, and workers on Federal - aid highway projects, k is emends! that all persons concerned 1. instructions for Certification — First Tier Participants: with the protect perm their iundtane as carefully. thoroughly, and honestly as possible. Willful falsification, distortion, or a. By signing and submitting this proposal, the prospective misrepresentation with respect to any facts related to the that tier partidpant is providing the certification set out below. project is a violation of Federei law. To prevent any misunderstanceng regarding the seriousness of these and b. The InablEy of a person to provide the certification set out similar acts, Fonn FHWA-1022 shall be posted on each below will not n.oessaily result in denial 0f participation in this Federal -aid highway project (23 CFR 635) in one or more covered transerlion. The prospective first tier participant shall places where it is readily available to ail persons concerned submit an explanation of why it cannot provide the codification with the project set out below. The txrdfiaUon or explanation will be considered in connection with lira department or agency's 18 U.S.G. 1020 reads as follows: determination whether to enter into this transaction. However, failure of the prospective first der participant to furnish a "Whoever. being an officer, agent, or employee of the United certlficaUon or an explanation shall dbquaitty such a person States, or of any State or Territory, or whoever, whether a from participation in this transaction. person, association, firm, or corporation. knowingly makes any false statement. false representation, or false report as to the c. The cartilication In lints clause is a material representation character, quality, quantity, or cost of the material used or to of fact upon which reliance was placed when the contrecding be used, or the quantity or quality of the work performed or to agency determined to enter into this transaction, If it is later be performed, or the cost thereof in connection with the determined that the prospective participant knowingly rendered submission of plans, maps, specifications. contracts. or coals an erroneous certification, In addition to other remedies of construction on any highway or related project submitted for evadable to the Federal Government, the contracting agency approval to the Secretary of Transportation; or may terminate this transaction for cause of default. Whoever knowingly makes any false statement, false d. The prospective Brat tier participant shall provide representation, false report or false claim with rasped to the immediate written notice to the contracting agency to whom character, qualty, quantity, or coat of any work performed or to this proposal is submitted if any time the prospective first tier be performed. or materials furnished or to be furnished, in partidpant teams Thal Its certilieatlon was erroneous when connection with the construction of any highway or related submitted or has became erroneous by reason of charged project approved by the Secretary of Transportation; or circumstances. Whoever knowingly makes any false statement or false e. The terms 'covered transaction,' •debarred, `suspended; representation as to material fad in any statement, cerli ode, "Ineligtlba; "participant,• 'person," "prirdpal; and 'voluntarily or report submitted pursuant to provisions of the Federal -aid excluded,' as used In this clause, are defined in 2 CFR Parts Roads Act approved July 1, 1916, (39 Slat 365), as amended 160 and 1200. 'First Tier Covered Transactions" refers to any and supplemented; covered transaction between a grantee or subgrantee of Federal funds and a participant (such es the prime or general Shall be lined under this Ittle or imprisoned not more than 5 contract). "Lower Tier Covered Transactions' refers to any years or both? covered transaction under a First Tier Covered Transaction (such as subcontracts). 'First Tier Participant' refers to he IX. IMPLEMENTATION OF CLEAN AiR ACT AND participant who has entered into a covered transaction with a FEDERAL. WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal finds (such as the prime or general contractor). 'Lower Tier Participant' refers any This provision is applicable to all Federal -aid construction participant who has entered into a covered transaction with a contracts and to all rented subcontracts. First Tier Parldpant or other Lower Tier Participants (such as subcontractors and suppliers). By submission of this bid /proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, f. The prospective fist der participant agrees by submitting Federal -aid construction contractor, or subcontractor, as Ibis proposal dud, should the proposed covered transaction be appropriate. will be deemed to have stipulated as fol a vs: entered into. It shall not knowingly enter into any tower tier covered transaction with a person who Is debarred, 1 That any person who 1s or wilt be wilted in the suspended, declared ineligible, or voluntarily excluded from performance of this contract is not prohibited from recelvbrg an participation in this covered Innsaction, unless authorized by award due to a violation of Section 508 of the Clean Water Act the depaMnent or agency entering Into this transaction. or Seddon 306 of the Clean Air Act. 2. That the contractor agrees to Include or cause to be subm The first tar participant further agrees submitting this proposal chat fi wig include the clause titled included the requirements of persgreph (1) of this Section X in 'Certification Regarding Debarment, Suspension, Ineligibility every subcontract, and further agrees to lake such action as and Voluntary Exclusion -Lower Tier Covered Transactions," the contracting agency may direct as a means of enforcing provided by the department or contracting agency, entering such requirements. into this covered bansaedon, without modification. in all lower tier covered transactions and in all solidtadons for lower Uer Agreement No. 14 -244 - 28 - EXHIBIT E covered transactions exceeding the $25,000 threshold of fact upon which reliance was placed when this transaction was entered into. If it is tater determined that the prospective h. A participant in a covered transaction may rely upon a lower tier partidpent knowingly rendered an erroneous certification of a prospective participant in a lower tier covered certification. In addition to other remedies available to the transaction that k not debarred. suspended insights, or Federal Goverment, the department or agency with which voluntarily excluded from the covered transaction, unless it this Iransection originated may pursue available remedies, knows that the certification is erroneous. A participant is including suspension and(or debarment. responsible for ensuring That Its principals are not suspended, debarred. or otherwise ineligible to participate in covered c. The prospective lower tier partidpant shad provide transactions To verify the eligibilly of its p es well es Immediate written notice to the person to which this proposal is the edibility cf any Tower tier prospective participants, each submitted if at any time the prospective lower tier participant participant may but Is not required to, check the Excluded learns that its certlticatlon was erroneous by reason cif Parties List System webslte (httoslMrww.eole aov!). which is changed circumstances. compiled by the General Services Administrat ion d. The terns 'cowered transaction,' debarred." 'suspended," I. Nothing contained In the foregoing shall be construed to 'ineligible; "participant, ' person, "principal,' and "voluntarily require the establishment of a system of records in order to excluded, as used In this clause, are defined in 2 CFR Park render in good faith the certification required by this clause. 180 and 1200 You may contact the person to which this The knowledge and k fomns8an of the prospective participant proposal is submitted for assistance in obtaining a copy of is not required to exceed that which is normally possessed by those regtlalione. 'First Tier Covered Transactions' refers to a prudent person in the ordinary course of business dealings any covered transition between a grantee or subgrantee of Federal funds and a participant (such as the prime or general J. Except for transactions authorized under paragraph (1) of contract). "Lower Tier Covered Transactions' refea to any these hwtructions, if a participant in a covered transaction covered transaction under a First Tier Covered Transaction knowingly enters into a lower tier covered transaction with a (accts as subcontracts). 'First Tier Participant` refers 10 the person who Is suspended, debarred, ineligible, or voluntarily participant who has entered into a covered transaction with a excluded from participation in this transaction, in addition to grantee or subgrantee of Federal hinds (such as the prime or other remedies available to the Federal Government, the general contractor). "Lower Tier Participant" refers any department or agency may terminate this transacton for use partidpant who has entered into a covered transaction with a or default. First Tier PaNdpant or other Lower Tier Participants (such as subcontractors and suppliers). 2. Certification Regarding Debarment, Suspenston, ineligibility and Voluntary Exclusion — First Tier a. The prospective lower tier participant agrees by submitting Participants: this proposal that, should the proposed covered transaction be entered into, 11 shall not knowingly enter Into any lower tier a. The prospective first tier participant certifies to the best of covered transaction with a person who Is debarred, its knowledge and belief, that it and Its principals. suspended, declared ineligible. or voluntarily rily excluded from participation In this covered transaction, unless authorized by (1) Are not presenUy debarred, suspended, proposed tor the department or agency with which this transaction debarment, declared ineligible, or voluntarily excluded from originated. partidpaUng In covered transactions by any Federal department or agency; ( The prospective lower tier participant further agrees by (2) Have not within a three-year period preceding this submitting this proposal Mat it will Include Ulla clause titled proposal been convicted of or had a &II judgment rendered "Certification Regardng Debarment, Suspension, ineiigibilty against them for commisslon of fraud or a criminal offense in and Voluntary Exduslon -Lowe Tier Covered Transaction; connection with obtaining. attempting to obtain, or petionning without modification. in ell lower tier covered transactions and a pubic (Federal, State or local) transaction or contract under in ell solicitations for lower tier covered transactions exceeding a public transaction6 violation of Federal or State antitrust the 525,000 threshold. statutes or commission of embezzlement, theft, forgery. bribery, falsification or destruction of records. making false g. A participant In a covered transaction may rely upon a statements, or receiving stolen property certification of a prospective participant in a lower liar covered (3) Are not presently Indicted for or otherwise criminally or transaction that is not debarred, suspended, Ineligible, or civilly charged by a governmental entity (Federal, Stale or voluntarily excluded from the covered transaction, unless it local) with commission of any of the offenses enumerated In knows that the certification Is erroneous. A participant is paragraph (aX2) of this certification; and responsble for ensuring that its principals are not suspended (4) Have not within a three -year period preceding this debarred, or otherwise ineligible to partdpate in covered apptcatloNproposal had one or more public trap saclons transactions. To verify the eligibility of its principals, as well as (Federal, State or loca0 terminated for cause or default. the eligibility of any lower tier prospective partldpants, each participant may, but Is not required to, check the Excluded b Where the prospective participant Is unable to certify to Parties List System website (bOmpai ww.ecis.aov/). which is any of the statements In this certification, such prospective complied by the General Services Administration. participant shall attach an explanation to this proposal. h. Nothing contained in the foregoing shall be construed to 2. Instructions for Certification " Lower Tier Participants: require establishment of a system of records in order to render in good faith the certification required by U>is clause, The (Applicable to all subcontracts, purchase orders and otter knowledge and Inlornalion of participant Is not required to lower tier transactions requiring prior FHWA approval or exceed that which is normally possessed by a prudent person estimated to cost $25,000 or more • 2 CFR Parts 180 and In the ordinary course of business dealings. 1200) a, By signing and submitting this proposal, the prospective i. Exoapt for transactions authorized under paragraph a of lower tier is providing the certification set out below. These Instruction, if a participant in a covered transaction knowingly enters Into a lower tier covered transaction with a b The certification In this clause is a material representation person who is suspended, debarred, Ineligible, or voluntarily Agreement No. 14-244 - 29 - EXHIBIT E excluded from participation in this transaction, in addition to ATTACHMENT A - EMPLOYMENT AND MATERIALS other remedies averlab. to the Federal Government the PREFERENCE FOR APPALACHIAN DEVELOPMENT department or agency with which this transaction originated HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS may pursue available rama6es, including suspension and/or ROAD CONTRACTS debarment. This provision is applicable to alt Federal -aid projects funded Certification Regarding Debarment, Suspension, under the Appalachian Regional Development Act of 1985 ineligibility and Voluntary Exclusion—Lower Tier Participants: 1. During the performance of This contract. the contractor undertaking to do work which Is. or reasonably may be, done 1 The prospective lower tier participant certifies, by as on-site work, shalt give preference to qualified persons who submission of this proposal. that neither It nor its prindpals is regularly reside in the labor area as designated by the DOL presently debarred, suspended, proposed for debarment, wherein the contract wok Is situated. at the subregion. or the declared ineligible, or voluntarily excluded from partldpeting In Appalachian counties of the State wherein the contract work is covered transactions by any Federal department or agency, situated, except: 2. Where the prospective lower tier participant is unable to a To the extent that qualified persons regularly residing In certify to any of the statements in this certification, such the area are not available. prospective participant shall attach an explanation to this proposal. b. For the reasonable needs of the contractor to employ supervisory or spedatly experienced personnel necessary to Xi. CERTIFICATION REGARDING USE OF CONTRACT assure an omdent execution of the contract wok. FUNDS FOR LOBBYING c. For the obligation of the contractor to offer employment to This provision is applicable to all Federal -aid construction present or former employees as the msutt of a lawful collective contracts and to all related subcontracts which exceed bargainirng contract, provided that the number of nonresident $100,000 (49 CFR 20). persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed 1. The prospective participant certifies, by signing and by the contractor on the contract wok, except as provided in submitting this bid or proposal, to the best of his or her subparagraph (4) below. knowledge end belief, that 2. The contractor shall piece a job order with the State a No Federal appropriated funds have been paid or will be Employment Service locating (a) the classifications of the paid, by or on behalf of the undersigned, to any person for laborers, mechanics and other employees required to pedonm influencing or attempting to influence an onicer or employes of the contract work, (b) the number of employees required In any Federal agency, a Member of Congress. an officer or each classification. (c) the date on which the participant employee of Congress. or an employee of a Member of estimates such employees will be required, and (d) any other Congress in connection nits the awarding of any Federal pertinent Information required by the State Employment contract. the making of any Federal grant the making of any Service to complete the job order ban. The job order may be Federal loan, the entering Into of any cooperative agreement plated with the State Employment Service in wrtUng or by and the extension, continuation, renewal, amendment or telephone. If during the course of the contract work, the moddicaUon of any Federal contract, grant loan, or information submitted by the contractor in the original job order cooperative agreement is substantially modified, the participant shall promptly notify the State Employment Service. b If any funds other Than Federal appropriated funds have been paid or will be paid to any person for influencing or 3 The contractor shall give full consideration to all qualified attempting to influence an otflcer or employee of any Federal Job applicants referred to him by the State Employment agency, a Member of Congress, an officer or employee of Service. The contractor is not required to grant employment to Congress, or an employee of a Member of Congress in arty job applicants who, in his opinion, are not qudifled to connection with this Federal contract, grant loan, or perform thedassilfcalion of work required. cooperative agreement the undersigned shall candela and submit Standard Form-Lit., "Disclosure Form to Report 4 If, within one week following the plackrg of a job order by Lobbying," in accordance with ice instructions, the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job 2 This cerUltcatlon is a material repreaentadon of fact upon applicants to the contractor, or leas than the number which reliance was placed when this transaction was made or requested, the State Employment Service vr8 forward a entered Into. Submission of this certification is a prerequisite certificate to the contractor Indicating the unavailability of for making or entering into this transaction imposed by 31 applicants. Such certificate shalt be made a phi of the U.S.C. 1352. Any person who falls to tine the required contractors permanent project records. Upon receipt of this certification shall be subject to a civil penalty of not less than certificate, the contractor may employ persons who do not 310.000 and not more than 5100,000 for each such failure. normally reside in the labor area to Oil positions covered by the certificate. notwithstanding the provisions of subparagraph (1c) 3 The prospective participant also agrees by submitting its above. bld or proposal that the participant shall require that the language of this certification be Included In alt lower tier 5 The provisions of 23 CFR 633.207(e) allow the contracting subcontracts, which exceed $100,000 and that all such agency to provide a contractual preference for the use of recipients strati certify and disclose accordingly minerol resource materials native to the Appalachian region 6. The contractor shall Include the provisions of Sections 1 through 4 of this Attachment A h every subcontract for work which is. or reasonably may be, done as on -site work Agreement No. 14 -244 - 30 - EXHIBIT F BUY AMERICA REQUIREMENTS Source of Supply — Steel and Iron (Federal Aid Contracts Only): For Federal -aid contracts, the CONSULTANT will only use steel and iron produced in the United States, in accordance with the buy America provisions of 23 CFR 635.410. CONSULTANT 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 $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the CONSULTANT uses but does not incorporate into the finished work. The CONSULTANT shall provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the finished product was manufactured in the United States in accordance with the requirements of this provision. Such certification shall also include: (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced with the United States except for minimal quantities of foreign steel and iron and specify the actual value of the product. Each such certification shall be furnished to the AUTHORITY prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, CONSULTANT shall furnish invoices to document the costs of such material, and obtain the AUTHORITY'S written approval prior to incorporating the material into the project. Agreement No. 14 -244 - 31 - 444m# S\\ S JU1 WASj AJ1li0$IIV REQUEST FOR PROPOSAL FOR DISASTER DEBRIS MANAGEMENT AND SUPPORT SERVICES RFP NO. 14- 244 /MRK APRIL 2014 SOLID WASTE AUTHORITY OF PALM BEACH COUNTY 7501 NORTH JOG ROAD WEST PALM BEACH, FLORIDA 33412 (561) 640-4000 TABLE OF CONTENTS l PART 1 GENERAL INFORMATION 1 Purpose ...... 2 2. Selection Process and Evaluation 2 3. Procurement Schedule. .2 4. Proposal Submission and Withdrawal...... 2 5 Communication Protocol. 3 6. Addenda 3 7. Rights of the Authority . 3 8. Proposal Preparation Costs.. ................... . ........4 9 Disclaimer of RFP Accuracy ... 4 10. Non- Collusion Affidavit 4 11. Public Entity Crimes 4 12. Public Records Act / Information Disclosure to Third Parties 5 13. Posting of Recommendation for Award 5 14. Insurance 5 15. Cone of Silence 5 16. Agreements with other Governmental Entities 6 17. Scrutinized Companies 6 18. Inspector General .............................. ..... 6 PART 11 STATEMENT OF WORK 1 Background Information 7 2. Scope of Services 7 PART III PROPOSAL SUBMISSION REQUIREMENTS 1 Proposal Submission Requirements and Format. 11 PART IV PROPOSAL EVALUATION AND AWARD 1 General ... 16 2. Evaluation Criteria .... ....... 16 3. Evaluation Method . .. 16 4. Award 17 PART V PROPOSAL FORMS 1 Proposal Form 1— Transmittal Letter . 19 2. Proposal Form 2 — Price Proposal 21 3 Proposal Form 3 — Non - Collusion Affidavit 22 4. Proposal Form 4 — Drug -Free Workplace 23 5. Proposal Form 5 — Schedule No. 1 24 6 Proposal Form 6 — Schedule No. 2 25 7. Proposal Form 7 — Schedule No. 3 26 PART VI ATTACHMENTS A. Sample Agreement RFP No 14- 244/MRK April 2014 PART I GENERAL INFORMATION 1. Purpose The purpose cf this Request for Proposal (RFP) is to solicit formal written Proposals from experienced and qualified individuals, corporations, partnerships and other legal entities (PROPOSER) to provide Disaster Debris Management and Support Services for the Solid Waste Authority of Palm Beach County (AUTHORITY). 2. Selection Process and Evaluation The selection process will be conducted by the Selection Committee in accordance with, but not limited to, the methods and criteria described in Part IV — Proposal Evaluation and Award. 3. Procurement Schedule A summary schedule of the major activities associated with the AUTHORITY'S procurement process for this Project is presented in Table 1 — Procurement Schedule. The AUTHORITY, at its sole discretion, may modify the schedule as it deems appropriate. The AUTHORITY will notify of any changes in association with submittal dates by written Addenda in accordance with Part 1, Section 6 — Addenda. Table 1 - Procurement Schedule No. ACTIVITY DATE 1 Issue RFP April 10, 2014 2 Last Date for Authority to Receive Questions on RFP April 21, 2014 3 Last Date for Authority to Issue Addendum in Response to Questions April 25, 2014 4 Proposal Submission Due Date May 1, 2014 5 Selection Committee Meeting, tentative date May 8, 2014 4. Proposal Submission and Withdrawal The AUTHORITY must receive all Proposals no later than 2:00 P.M., Eastern Time, on the date established in Part 1, Section 3 — Procurement Schedule, at the following address: Mr. Maciej Kadzinski, Procurement Manager, Purchasing Services Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, FL 33412 The AUTHORITY cautions those submitting Proposals to assure actual delivery of mailed or hand - delivered Proposals directly to the AUTHORITY' S Purchasing Services office at 7501 North Jog Road in West Palm Beach, Florida, prior to the deadline set for receiving Proposals. If the Proposal is hand delivered, deposit it with the Purchasing Specialist in the Administration Building. Telephone confirmation of timely receipt of the Proposals may be made by calling (561) 640 -4000 ext 4527 before the deadline. All Proposals received after the established deadline will be rejected and returned unopened. RFP No. 14- 244/MRK 2 April 2014 PROPOSER may withdraw their Proposal by notifying the AUTHORITY'S Purchasing Services office in writing at any time prior to the time set for the Proposals receipt deadline. PROPOSERS may withdraw their Proposals in person or through an authorized representative. Proposals, once opened, become the property of the AUTHORITY and will not be returned to the PROPOSERS. 5. Communication Protocol All questions and communications concerning this procurement process must be directed to Mr. Maciej Kadzinski, Procurement Manager. All requests for clarifications or additional information must be submitted in writing via electronic mail to mkadzinski@swa.org, or by facsimile to 561- 640 -3400. All questions shall be submitted no later than the date specified in Table 1 — Procurement Schedule. The AUTHORITY will record its responses to questions, if any and address them in the form of a written Addendum. 6. Addenda Should revisions to the RFP become necessary, the AUTHORITY will issue written Addenda. All Addenda must be acknowledged. This Acknowledgement must be included in Proposal Form 1 — Transmittal Letter. PROPOSER'S submittal may be rejected as non - responsive if PROPOSER has failed to submit Proposal without Addenda Acknowledgement. All PROPOSERS should contact the AUTHORITY no more than five (5) calendar days before the due date for receiving Proposals to ascertain whether any Addenda have been issued. Failure of the PROPOSER to make this inquiry could result in its Proposal being non - responsive in the event addenda were issued and not acknowledged by the PROPOSER in their submittal. No Addenda will be issued later than five (5) calendar days pnor to the due date for receipt of Proposals except an Addendum withdrawing the RFP or one that includes postponement of the date for receipt of Proposals. 7. Rights of the AUTHORITY This RFP constitutes an invitation for submission of Proposals to the AUTHORITY. This RFP does not obligate the AUTHORITY to procure or contract for any of the scopes of services set forth in this RFP. The AUTHORITY reserves and holds at its sole discretion, various rights and options under Florida law, Including without limitation, the following; • To prepare and issue addenda to the RFP that may expand, restrict, or cancel any portion or all work described in the RFP without obligation to commence a new procurement process or issue a modified or amended RFP; • To receive questions from potential PROPOSERS and to provide such answers in writing as it deems appropriate; • To waive any informalities, technicalities or irregularities in the Proposals submitted; • To reject any and all Proposal submissions; • To change the date for receipt of Proposals or any deadlines and dates specified in the RFP; • To change the procurement and/or selection process prior to receipt of Proposals; • To conduct investigations with respect to the information provided by each PROPOSER and to request additional information (either in writing or in presentations and interviews) to support such PROPOSER'S responses and submittals; RFP No. I4- 244 /MRK 3 April 2014 • To visit facilities referenced in the PROPOSER'S submittal at any time or times during the procurement process; • To seek clarification of Proposals from the PROPOSERS either in writing or in presentations and interviews, and; • To cancel the RFP with or without the substitution of another RFP. 8. Proposal Preparation Costs The AUTHORITY accepts no liability for costs and expenses incurred by the PROPOSER in preparation and submission of Proposals and responses to clarifications from the AUTHORITY, potential site visits and interviews, negotiations, future RFP or any other work performed in connection with the Proposal. Each PROPOSER that enters into the procurement process shall prepare the required materials and submittals at its own expense and with the express understanding that they cannot make any claims whatsoever for reimbursement from the AUTHORITY for the costs and expenses associated with the process. PROPOSER should prepare their submittal providing a straightforward and concise description of the PROPOSER' S ability to meet the requirements of the RFP. Unnecessarily elaborate brochures, art work, expensive paper, bindings, visual and other presentation materials, beyond that sufficient to present a complete and effective response to this RFP is not desired. 9. Disclaimer of RFP Accuracy The AUTHORITY assumes no responsibility for the completeness or the accuracy of the information presented in this RFP, or otherwise distributed or made available during this procurement process. Without limiting the generality of the foregoing, the AUTHORITY will not be bound by or responsible for any explanation or interpretation of the RFP documents other than those given in written addenda. In no event shall PROPOSERS rely on any oral statement by the AUTHORITY, its staff, agents, advisors, or consultants. Any PROPOSER that submits in its Proposal to the AUTHORITY any information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, may be disqualified from consideration. 10. Non — Collusion Affidavit The PROPOSER is required to submit Proposal Form 3 — Non- Collusion Affidavit stipulating Agreement to the following: "PROPOSER certifies that its Proposal is made without previous understanding, Agreement, or connection with any person, firm, or corporation making a Proposal for the same item(s) and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action ". 11. Public Entity Crimes Pursuant to Section 287.133(2)(a), as amended: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real Property to a public entity, may not be awarded or perform work as a contractor, provider supplier, Subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. RFP No 14- 244/MRK. 4 April 2014 1Z. Public Records Act/Information Disclosure to Third Parties Sealed bids, proposals, SOQs, or replies received by the AUTHORITY pursuant to a competitive solicitation are exempt from s. 119.07(1) and s.24(a), Article I of the State Constitution until such time as the AUTHORITY provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, SOQs, or final replies, whichever is earlier As such, the AUTHORITY shall not in any way be liable or responsible for the disclosure or result of disclosure of any submissions or portions thereof submitted in response to the RFP. The law provides for certain exclusions to disclosure. If the PROPOSER believes that some information contained in their Proposals is exempt from disclosure, the PROPOSER is instructed to label such information as confidential, specify the pertinent section of the public record law that justifies nondisclosure, and request in writing the AUTHORITY keep such information confidential and free from disclosure. The AUTHORITY reserves the right to make any final determination of the applicability of the public records law. In addition, all Proposals received by the submission date will become the property of the AUTHORITY and will not be returned. Oral presentations, meetings where PROPOSER(S) is answering questions, negotiations, and AUTHORITY meetings to discuss negotiation strategy are exempt from public access. 13. Posting of Recommendation for Award Recommendation for Award will be posted on the date of the Selection Committee meeting for a period of five (5) calendar days. Failure to file a protest to the Director of Purchasing Services within the time prescribed, as more fully detailed in the AUTHORITY'S Purchasing Manual, Section 10, shall constitute a waiver of proceedings. It is the PROPOSER'S sole responsibility to ascertain the time and date of posting of the Recommendation for Award. This may be accomplished by telephone, fax, e-mail, or other means deemed timely by the PROPOSER. 14. Insurance The awarded PROPOSER(S) shall maintain insurance coverage reflecting the minimum amounts and conditions specified in the attached Sample Agreement, Attachment A. In the event the PROPOSER(S) is a governmental entity or a self - insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the PROPOSERS) insurance coverage, policies or capabilities may be grounds for rejection of the proposal(s) and rescission of any ensuing agreement(s). 15. Cone of Silence PROPOSERS are advised that a Cone of Silence that prohibits any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between PROPOSERS or any person representing the PROPOSERS and any member of :he Solid Waste Authority Governing Board, their staff, any AUTHORITY employee authorized to act on behalf of the AUTHORITY to award the contract under this response, or any member of the selection committee authorized to evaluate the response. The Cone of Silence shall be in effect as of the deadline to submit response even if response is withdrawn or is otherwise eliminated from consideration consistent with the procedures as outlined in this RFP. The Cone of Silence shall remain in effect until the Governing Board, or AUTHORITY staff, if authorized to act on behalf of the Board, awards or approves the contract, rejects all responses or otherwise takes action which ends the solicitation process. RFP No. 14- 244 /MRK 5 April 2014 The provisions of this article shall not apply to oral communications at any public proceeding, including pre -bid conference, oral presentations before selection committees, and contract negotiations during any public meetings, presentations made to the Board and protest hearings. Further, the Cone of Silence shall not apply to contract negotiations between AUTHORITY employees and the intended awardees, any dispute resolution process following the filing of a protest between the person filing the protest and any AUTHORITY employee, or any written correspondence at any time with any AUTHORITY employee, Board member or Advisory board member, or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. The Governing Board by means of action taken at any properly noticed Governing Board meeting may invoke the cone of silence earlier than the time specified in this section for any procurement. 16. Agreements with other Governmental Entities All PROPOSERS submitting a response to this RFP agree that such response also constitutes a response to all State Agencies and Political Subdivisions of the State of Florida under the same terms and conditions, for the same prices and for the same effective period as specified in this RFP, should the successful PROPOSER deem it in the best interest of their business to do so. The Agreement(s) resulting from this RFP in no way restricts or interferes with any State Agency or Political Subdivision of the State of Florida from re- solicitation for any or all items specified in this RFP. 17. Scrutinized Companies As provided in F.S. 287.135, by entering into any Agreement with the AUTHORITY, or performing any work in furtherance hereof, PROPOSER hereby certifies that PROPOSER and PROPOSER'S affiliates, suppliers, sub- consultants and consultants who will perform hereunder, have not been placed on the Scrutinized Companies with Activities in Sudan List or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to F.S. 215.473. If the AUTHORITY determines, using credible information available to the public, that a false certification has been submitted by PROPOSER, this PROPOSER may be terminated and a civil penalty equal to the greater of S2 million or twice the amount of this Agreement shall be imposed, pursuant to F.S. 287.135. 18. Inspector General Palm Beach County has established the Office of the Inspector General (OIG), Ordinance No. 2009 -049 which is authorized and empowered to review past, present and proposed county contracts, transactions, accounts and records. The AUTHORITY has entered into an 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 CONSULTANT, 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. RFP No. 14- 244/MRK 6 April 2014 PART II STATEMENT OF WORK I. Background Information The AUTHORITY is seeking proposals from experienced and qualified PROPOSERS to provide Disaster Debris Management and Support Services for the AUTHORITY. Selected PROPOSER (CONSULTANT) is expected to be extremely knowledgeable in Federal Emergency Management Agency (FEMA) and Federal Highway Administration (FHWA) regulations, guidelines and operating policies. The CONSULTANT will support the AUTHORITY during a disaster recovery effort and will be responsible for the overall monitoring of debris collection. The CONSULTANT shall coordinate with the Disaster Debris Removal Contractor(s) and the AUTHORITY to ensure a compliant, well - managed and organized approach to debris collection and disposal within FEMA guidelines. The AUTHORITY intends to utilize an automated debris management system (ADMS) and anticipates that the Disaster Debris Removal Contractor(s) will provide vehicle certification placards. The AUTHORITY will provide a Field Service Representative for each AUTHORITY'S Franchise Service Area (1 -5) to oversee and monitor the collection activity within these service areas and to work directly with the Disaster Debns Removal Contractor(s) and the CONSULTANT to schedule all work. The AUTHORITY will provide temporary debris management sites (DMS). The AUTHORITY currently has an Enterprise GIS System which utilizes ESRI's ArcGIS Server, ArcGIS Desktop Advanced, and Microsoft's SQL Server. Data is published to staff and the public using Rolta's Onpoint, which is a thin client for ESRI's ArcServer. The AUTHORITY'S Disaster Debris Removal Contractor(s) will provide the manpower and collection equipment in a timely manner to safely remove disaster debris as soon as possible. Additionally, the AUTHORITY'S Disaster Debris Removal Contractor(s) will open and operate DMS and immediately begin processing material on site and begin shipping material to final destination within ten (10) days of opening. The purpose of this RFP is to put in place an indefinite delivery/indefinite quantity Agreement for Disaster Management and Support Services based upon the specifications detailed herein. Task Orders will be issued against the Agreement, as necessary to complete work. What follows is a general description of the work anticipated. 2. Scope of Services The scope of services to be provided pursuant to this RFP includes Project/Operations Management, Collection Monitoring, ADMS, Data Processing and Management, DMS Monitoring, Debris Vehicle Certification, Damage Complaint Tracking, Data Compilation and Reporting, Payment Monitoring and Reconciliation Processing, Reporting and Coordinating with the AL'TIIORITY'S Project /Operations Manager, and other related services as outlined in this section. PROPOSERS are advised to propose based on the entire scope of services as defined herein, however the AUTHORITY reserves the right to select which specific services the CONSULTANT will provide and to add or delete services throughout the term of any resulting agreement with mutual consent. 2.1 Project/Operations Management CONSULTANT will be responsible for Project/Operations Management of the debris monitoring activities for the AUTHORITY. This responsibility includes providing an experienced Project/Operations RFP No. 14- 244 /MRK 7 April 2014 Manager, supplying a temporary field office for the monitoring staff, and coordinating and meeting with the AUTHORITY, field staff and contractors. Additionally, CONSULTANT will be responsible for hiring, training, deploying, scheduling and monitoring the activities of its collection monitors. 2.2 Collection Monitoring The CONSULTANT will be responsible for monitoring and certifying all AUTHORITY'S authorized collection activities. This responsibility includes monitoring and certifying all debris loads to ensure eligibility for federal reimbursement, providing trained collection monitors, exercising quality control over the debris monitoring activity, and providing daily feedback to the AUTHORITY. CONSULTANT shall ensure that all Disaster Debris Removal Contractor(s) loads are correctly captured by their ADMS. The CONSULTANT shall photographically document daily collection activities. CONSULTANT shall identify and document all leaners, hangers and stumps and coordinate with federal and state representatives to ensure eligibility and maximum reimbursement. Additionally, the CONSULTANT shall coordinate with the AUTHORITY to respond to problems in the field, such as property damage complaints, debris crew issues, other customer complaints, etc. CONSULTANT'S staff should be equipped with modern communication equipment. CONSULTANT shall have the ability to maintain shapefiles or geodatabases of collection passes, customer complaints and leaners, hangers and stumps including photos, and to track these issues using a GIS and provide an updated shapefile or geodatabase to the AUTHORITY on an appropriately determined schedule. 2.3 ADMS Per FEMA policy document 327 Public Assistance Debris Monitoring Guide, recent advances in automated debris management tracking systems provided real -time, automated tracking and reporting. FEMA embraces technological advancements and recognizes the potential benefits of these automated systems. The CONSULTANT shall provide an electronic automated debris management system that shall create lead tickets electronically, eliminating the need for had written and scanned tickets. The ADMS features shall include, at a minimum, the following: 1. Paperless electronic (handheld device) load ticket generation and data collection; 2. Debris vehicle certification data capture at certification site; 3. Encrypted and secure field data transfer (field to DMS, DMS to server); 4. Accessible secure database for government and Disaster Debris Removal Contractor(s) use. Database will be internet accessible by Disaster Debris Removal Contractor(s), AUTHORITY, State and other pubhc entities on a need to know basis; 5. Minimal manual entry of load ticket data fields (e.g., load call, type of debris); 6. Automation of debris pickup location thru use of GPS technologies; 7. Evaluation of daily event status using web -based reporting and GIS tools; 8. Coordination of Disaster Debris Removal Contractor(s) invoices, FEMA documentation and applicant payment process enabled thru an integrated database management system; 9. CONSUTLANT shall use an ADMS during the performance of services under this agreement for managing the collection, transport, and/or disposal of debris. The AUTHORITY has Interlocal Agreements for Disaster Debris Management with municipalities to deliver eligible storm debris to AUTHORITY's DMS. These municipalities may choose to use the current AUTHORITY'S paper load ticket system. RFP No. 14- 244/MRK 8 April 2014 The municipalities must submit a legible and complete paper load ticket at the AUTHORITY'S DMS with each load. The AUTHORITY will provide the truck certification, placard, and Load tickets for these municipalities. CONSUTLANT will be responsible to enter paper load ticket data. 2.4 DMS Monitoring The CONSULTANT will provide DMS monitors and spotters to observe and document the unloading, processing and loading of debris in accordance with FEMA requirements and the AUTHORITY'S Debris Management Plan. This responsibility includes estimating the load volume, completing the ADMS load tickets and signing and certifying that the information is complete and accurate. Additional responsibilities include conducting pre -use and post -use environmental monitoring, ensuring that the truck certifications are accurate, ensuring that all collection vehicles are equipped with the necessary safety restraints, coordinating with all federal, state and local agencies, and keeping accurate records. 2.5 Debris Vehicle Certification The CONSULTANT will be responsible for measuring and capturing data elements for each Disaster Debris Removal Contractor(s) vehicle in accordance with FEMA requirements utilizing their ADMS. Additionally, CONSULTANT will take a photograph of each vehicle showing the vehicle number and type of vehicle. CONSULTANT will also perform random verifications once per week at each DMS to ensure that no vehicle modifications have been made. 2.6 Damage Complaint Tracking The CONSULTANT shall assist the AUTHORITY with tracking, managing, reporting and customer follow -up through to resolution of all damage complaints resulting from debris removal activities. The AUTHORITY desires the complaints to be tracked using a GIS including linked photos. 2.7 Data Compilation and Reporting The CONSULTANT will be responsible for collecting, auditing for completeness and accuracy, tabulating and organizing debris disposal data and vehicle certifications, project records, photos and manifests, etc., to support federal (FEMA), state and local reimbursements, and subsequent audits. The CONSULTANT will be responsible for providing regular status updates to the AUTHORITY. This reporting will include creating, updating and maintaining a database to include all information on debris removal and disposal, including number of loads and types, vehicle certification, stump, hanger and leaner information and images. All electronic reporting will be provided in a format acceptable to the AUTHORITY and the AUTHORITY shall have access to the database to perform queries and produce reports. The AUTHORITY will require the CONSULTANT to meet minimum standards for the timeliness of data reporting. 2.8 Payment Monitoring and Reconciliation Processing The CONSULTANT will be responsible for reviewing, validating and reconciling Disaster Debris Removal Contractor(s) invoices prior to submission to the AUTHORITY for processing. RFP No 14- 244/MRK 9 April 2014 2.9 Other Related Services Additional services the AUTHORITY desires the CONSULTANT to provide include the following: A. Assistance the AUTHORITY in preparing final reports for reimbursement by FEMA, FHWA and other agencies; B. Providing professional oversight to ensure compliance with Florida Department of Environmental Protection (FDEP), Florida Department of Transportation (FDOT), Florida Department of Forestry (DOF), and FEMA regulatory and reporting requirements, as well as any other federal, state, or local regulation applicable to debris management; C. Ensuring that the processing of federal funding is done as expeditiously as possible by taking ownership of the responsibility for ensuring the accuracy of invoices, payroll, monitoring information, reports, ADMS data, vehicle certifications, and operating data; D. Meeting with AUTHORITY'S representatives and the Disaster Debris Removal Contractor(s) daily during disaster event activation. Meeting with the AUTHORITY'S Project Manager or his/her designee at least once per year at no cost to the AUTHORITY prior to hurricane season, and; E. Additional services that the PROPOSER wishes to propose or that the AUTHORITY and the CONSULTANT agree to add at later date. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK RFP No. 14- 244/MRK 10 April 2014 PART III PROPOSAL SUBMISSION REQUIREMENTS 1. Proposal Submission Requirements and Format The AUTHORITY must receive all Proposals no later than 2:00 P.M., Eastern Time on the date established in Part 1, Section 3 — Procurement Schedule and Section 4 — Proposal Submission and Withdrawal. PROPOSERS shall submit one (1) original and five (5) photocopied sets. The complete Proposal Package shall be submitted in a sealed envelope. The Proposal Package shall be clearly labeled on the outside with the PROPOSER'S name and address, and shall be identified as follows: RFP No. 14 244/MRK — Disaster Debris Management and Support Services. Failure by the PROPOSER to provide the above information on the outside of the envelope may result in the rejection of the PROPOSER'S submittal. Original and photocopies should be bound into spiral bound or three -ring binder. Proposal pages should be numbered. Marketing brochures or any other information not pertaining to this RFP shall not be included in the Proposal. 1.1 Content The PROPOSER shall provide the appropriate information in accordance with the content requirements set forth in the following subsections. To allow the Selection Committee to more effectively review the Proposals, PROPOSERS are to provide all requested information in the order and in the format requested below. 1.1.1 Title Page The Title Page shall include the RFP Title and Number. The page shall indicate clearly the name of the PROPOSER submitting the Proposal and the name, address, phone number, fax number and e-mail address of the PROPOSER'S. designated contact person. The PROPOSER'S designated contact person is the individual who shall be the main point of contact for the AUTHORITY to communicate with regarding this procurement. 1.1.2 Table of Contents 1.13 General Information PROPOSER shall provide completed Proposal Forms 1 — 7 as follows: 1.1.3.1 Proposal Form 1 — Transmittal Letter PROPOSER shall submit a completed Proposal Form 1 -- Transmittal Letter acknowledging, among other things, that the PROPOSER has completely reviewed, understands, and agrees to be bound by the requirements of this RFP. The Proposal Transmittal Letter shall be signed by a representative of the PROPOSER who is empowered to sign it and to commit the PROPOSER to the obligations contained in the Proposal. RFP No. 14- 244/MRK 11 Apn12014 1.1.3.2 Proposal Form 2 —Price Proposal -- PROPOSER shalt submit a completed Proposal Form 2 — Price Proposal. The quantities used in the Proposal Form 2 — Price Proposal are estimated. No minimum or maximum amount of work is being promised. The AUTHORITY reserves the right to add and/or remove a position/service and increase or decrease the total quantities throughout the term of the Agreement. PROPOSER shall provide a price on every item to be considered in the evaluation of his/her submittal. The AUTHORITY reserves the right to request: additional pricing, explanations for any out -of- balance pricing, explanations for any pricing it deems too low or too high, and to negotiate a best and final price with tie highest ranked PROPOSER(S). 1.133 Proposal Form 3 —Non- Collusion Affidavit PROPOSER shall provide a completed Proposal Form 3 — Non - Collusive Affidavit as described in Part I, erection 10 — Non - Collusion Affidavit. 1.1.3.4 Proposal Form 4 — Drug -Free Workplace PROPOSER shall provide a completed Proposal Form 4— Drug -Free Workplace. 1.1.3.5 Proposal Form 5 — Schedule No. 1— Participation of SBE — M/WBE Firms PROPOSER shall provide a completed Proposal Form 5— Schedule No. 1 — Participation of SBE — M/WBE Firms, if applicable. 1.13.6 Proposal Form 6 — Schedule No. 2 — Letter of Intent to Perform as a SBE - M/WBE Sub - Contractor/Supplier PROPOSER shall provide a completed Proposal Form 6 — Schedule No. 2 — Letter of Intent to Perform as a S3E -M/WBE Sub - Contractor /Supplier, if applicable. 1.1.3.7 Proposal Form 7 — Schedule No. 3 — Statement of Good Faith Efforts PROPOSER shall provide a completed Proposal Form 7 — Schedule No. 3 — Statement of Good Faith Efforts, if applicable. 1.1.4 Minimum Requirements The PROPOSER shall substantiate in its submittal that it meets or exceeds the following minimum requirements. Failure to do so may be cause for disqualification of its submittal: 1. PROPOSER must be engaged in providing the services as outlined in this RFP; 2. PROPOSER must have a demonstrated comprehensive understanding in areas listed in this RFP. Understanding and previous experience are essential criteria in the qualifying process; 3. PROPOSER'S personnel and management to be utilized for the services described in this RFP shall be knowledgeable in their areas of expertise. The AUTHORITY reserves the nght to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. 1.1.5 Experience and Qualifications PROPOSER shall submit the following: 1. PROPOSER'S Credentials: Details on the qualifications of the firm, including a brief history of the firm, documentation of the firm's experience providing services similar to those requested in this RFP No. 14- 244/MRK 12 Apri12014 RFP and the number of years in business. Qualifications for all sub - contractor(s) should also be included m this section; 2. Expertise of Designated Staff: Describe the qualifications and experience of personnel that will provide these services including demonstrated knowledge and understanding of the types of services to be performed; previous experience in similar or related work, local codes, laws and regulations governing the work; 3. Past Performance: PROPOSER shall provide any information that documents successful and reliable experience in past performance, especially those performances related to the requirements of this RFP. Related experience shall be restricted to those assignments undertaken within the last five (5) years; 4. Managerial Capabilities: Provide ev_dence of the firm's ability to manage tasks simultaneously and expeditiously and describe firm's approach to problem/task resolution and teamwork; 5. References: List a minimum of three (3) former references (name, contact persons, telephone number and email address) for similar projects only, who can attest to the firm's knowledge, quality of work, timeliness, diligence and flexibility; 6. Current Contracts: PROPOSER shall provide a list of all city, county, state or federal disaster service related contracts which he /she is currently obligated to fulfill during the initial term of this agreement. PROPOSER shall also disclose any contractual relationship with FBMA, or any other entity that may pose a conflict of interest or prevent the PROPOSER, if selected, from fulfilling its obligations to the AUTHORITY. 7. Invoice Processing: The PROPOSER shall provide a description of its invoicing process. 1.1.6 Technical In this section PROPOSER must explain the Statement of Work as understood by the PROPOSER and detail the approach, activities and work products. PROPOSER shall also provide the following: 1. A detailed list of all services that the firm, is able to provide and explain how these services will be accomplished; 2. Address, in the order presented, all of the services outlined in Section 2, Scope of Services, and its subsections; 3. Provide a guaranteed response time and schedule of services; 4. A list of any assistance the AUTHORITY may be requested to provide to the selected CONSULTANT; 5. Other information the PROPOSER may deem advantageous to demonstrate understanding and approach to the work. 1.1.7 Small Business Enterprise (SBE) Participation The Governing Board of the AUTHORITY has set 15% as the AUTHORITY'S goal for Small Business Enterprise (SBE) participation in contracts and purchases. PROPOSER shall submit a Plan showing how he /she will assist the AUTHORITY in achieving this goal through SBE subcontractor participation or any other method. The goal is to encourage doing business with certified SBE'S RFP No. 14- 244/1\42K 13 April 20 i 4 certified from an agency of the State of Florida or another Florida local governmental agency (the AUTHORITY does not have a certifying office). Proof of current certification from these governmental entities will be required. The AUTHORITY will require documentary proof of the implementation, progress and final outcome of the proposed Plan. A PROPOSER who is SBE need not submit a Plan. Documentary proof of PROPOSER'S status as SBE must be submitted in the response to this RFP. Although the PROPOSER may be SBE him/herself, involvement of other SBE'S as suppliers or sub - consultants under SBE PROPOSER is still encouraged. Non - certified SBE status claimed by the PROPOSER for him/herself may be submitted but is subject to stringent verification by the AUTHORITY. If PROPOSER is not SBE, then Proposal Form 5 — Schedule No. 1, Proposal Form 6 — Schedule No. 2, and Proposal Form 7 — Schedule No. 3 contain SBE Model Plan acceptable to the AUTHORITY for use by PROPOSER in response to this RFP. The intent of the Model Plan format is to reflect the percentage of SBE participation pledged by PROPOSER and /or proof of the "good faith" effort expended attempting to enlist potential participants. Alternate plans may be acceptable to the AUTHORITY, at its sole discretion, so long as substantially the same information is provided. If the PROPOSER has not been able to achieve 15% SBE documented participation in Proposal Form 5 — Schedule No. 1 and Proposal Form 6 — Schedule No. 2, then Proposal Force 7 — Schedule No. 3 is required. NOTE: M/WBE information is being collected for tracking purposes only. M/WBE participation will not be counted towards 15% SBE goal participation. Failure of the PROPOSER to provide any /all of the foregoing requested items may disqualify the PROPOSER at the discretion of the AUTHORITY. The PROPOSER'S Plan will be incorporated into the Agreement between the PROPOSER and the AUTHORITY. In addition to the required Plan, the successful PROPOSER shall demonstrate a determined effort to implement the Plan. 1.1.8 Local Preference Qualification and Application k order to qualify to receive points for Local Preference, a PROPOSER must have had its headquarters or branch office located within Palm Beach County for a minimum of one (1) year. PROPOSER must have been incorporated or legally begun business, being fully licensed, at least one (1) year prior to the issuance of this RFP. A valid Business Tax Receipt issued by the Palm Beach County Tax Collector is required and will be used to verify that the PROPOSER had a permanent place of business one (1) year prior to the issuance of this RFP. In addition, the name and address on the Business Tax Receipt must be the same name and address that is included in the submittal to the AUTHORITY, and that the attached Business Tax Receipt must accompany the RFP at the time of submission. Copies of licensure, leased of office space (or proof of ownership of office site) may be required by AUTHORITY staff as proof of compliance. The PROPOSER' S office must be of a permanent nature not temporary or transient (i.e., mobile homes shall be without wheels and permanent affixed to the land). The PROPOSER'S office shall be fully staffed with personnel including at least one of those assigned to the AUTHORITY'S projects, office furniture, office equipment, and, if applicable, professional equipment/computers as required by the type of work to be performed. A site visit by AUTHORITY staff may be required to confirm local presence. PROPOSER will be required to maintain said office, or other AUTHORITY approved offices, for the entire term of the contract. Failure to submit this information will cause the firm not to be qualified under this section to qualify for Local Preference. The AUTHORITY may require a PROPOSER to provide additional information for clarification purposes at any time prior to the award of the contract. RFP No. 14- 244/MRK 14 April 2014 1.1.9 Other I PROPOSER must acknowledge ownership or licensing of a propnetary ADMS. PROPOSER must demonstrate in its proposal that it maintains on hand sufficient automated debris tracking equipment (minimum 150 handheld devices) dedicated to meet the needs of the AUTHORITY. If PROPOSER is licensing such technology, PROPOSER must provide a written letter from licensor acknowledging licensor has a minimum of 150 devices on hand for PROPOSER'S use in the event of a disaster and that such devices will be made available for the AUTHORITY'S recovery efforts. PROPOSER shall include graphic illustration and explanation of system capability and security (encryption) and be prepared to demonstrate system functionality, if requested, at the time of proposal evaluation and/or interview. PROPOSER must demonstrate that the ADMS will provide paperless ticketing from day one of debris removal operations. PROPOSER shall include a list of ADMS deployments undertaken at a minimum within the last 5 years; 2. Provide evidence of current levels of insurance in areas of General Liability, Automobile Liability, Workers' Compensation, and Professional Liability; 3. Provide a statement of PROPOSER'S financial security, strength, resources and capabilities to include financial reports and current or prior bankruptcy proceedings, if applicable; 4. Identify the type of business entity involved (e.g., sole proprietorship, partnership, corporation, etc.). Identify whether the business entity is incorporated in Florida, another state, or a foreign country; If PROPOSER is a corporation, provide certification from the Florida Secretary of State verifying PROPOSER' S corporate status and good standing, and in the case of out -of -state corporations, evidence of authority to do business in the State of Florida. Additionally, indicate the Parent Organization(s) that the PROPOSER is a subsidiary of and the identification of any subsidiaries of the PROPOSER, if any; 5. Provide a summary of any litigation filed against the PROPOSER in the past three years which is related to the services that PROPOSER provides in the regular course of business. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved; 6. Additional Data - Any additional information, which the PROPOSER considers pertinent for consideration, should be included in a separate section of the proposal. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK RFP No 14- 244 /MRK 15 April 2014 r PART IV PROPOSAL EVALUATION AND AWARD 1 1. General All Proposals submitted in response to this RFP will be evaluated by the AUTHORITY'S Selection Committee based on the information supplied per Part III — Proposal Submission Requirements and utilizing criteria specified in Part IV — Proposal Evaluation and Award. 2. Evaluation Criteria The review and analysis of the Proposals by the Selection Committee will be based on the following criteria: • Submission of a complete package including all Forms • Minimum Requirements • Experience and Qualifications • Technical • Price Proposal • Small Business Enterprise Participation • Local Preference • Other 3. Evaluation Method Selection Committee members will conduct a completeness review of the Proposals. Proposals must include all requirements specified in Part III — Proposal Submission Requirements. Minor informalities may be waived by the AUTHORITY. Those Proposals found to be complete, will then be ranked by individual members. At its discretion the AUTHORITY may require any PROPOSER(S) to make an oral presentation of his/her submittal. An oral presentation provides an opportunity for the PROPOSER(S) to clarify his/her submittal for the AUTHORITY. The AUTHORITY, if deemed necessary, will notify the PROPOSER(S) and schedule an oral presentation. Table 2 — Evaluation Criteria and Points provide guidelines for the Selection Committee members for the ranking of Proposals. In each category where points are to be assigned, PROPOSERS may receive up to the maximum allowable number of points from an individual Selection Committee member. Total points of each Selection Committee member for each Proposal will be tallied and averaged. Proposal with highest total average score will be ranked first. Table 2 - Evaluation Criteria and Points I EVALUATION CRITERIA POINTS I Experience and Qualifications 35 Technical 30 Price Proposal 10 Small Business Enterprise Plan 10 Local Preference 10 Other 5 TOTAL: 100 RFP No. 14244 /MRK 16 April 2014 4. Award The AUTHORITY anticipates award to the PROPOSER who submit the Proposal judged by the AUTHORITY to be the most advantageous. The AUTHORITY intends to enter into the Agreement negotiations with the highest ranked PROPOSER. the AUTHORITY and the highest ranked PROPOSER cannot negotiate a successful Agreement, the AUTHORITY may terminate such negotiations and begin negotiations with the next highest ranked PROPOSER. No PROPOSER shall have any rights against the AUTHORITY arising from such negotiations. The price structure submitted in the Proposals shall be firm. However, the AUTHORITY reserves the right to negotiate a "best and final" price with the highest ranked PROPOSER, The Agreement will be for a term of three (3) years with option to extend for three (3) additional years. The PROPOSER understands that this RFP does not constitute an agreement or a contract with the PROPOSER. An official agreement or contract is not binding until Proposals are reviewed and accepted by appointed staff, approved by the appropriate level of authority within the AUTHORITY, and executed by the parties. A Sample Agreement is attached to this RFP. The AUTHORITY anticipates that the final agreement will be in substantial conformance with the Sample Agreement; nevertheless, PROPOSERS are advised that any agreement, which may result from this RFP, may deviate from the Sample Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK RFP No. 14- 244/MRK 17 April 2014 PART V PROPOSAL FORMS The following Proposal Forms are included: Proposal Form 1 — Transmittal Letter Proposal Form 2 — Price Proposal Proposal Form 3 — Non - Collusion Affidavit Proposal Form 4 — Drug -Free Workplace Proposal Form 5 — Schedule 1 Proposal Form 6 — Schedule 2 Proposal Form 7 — Schedule 3 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK RFP No. 14- 244/MRK 18 April 2014 PROPOSAL FORM 1— TRANSMITTAL LETTER (To be typed on PROPOSER'S Letterhead) [Date] Mr. Maciej Kadzinski, MBA, C.P.M., CPPO, CPPB Procurement Manager, Purchasing Services Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, FL 33412 Dear Mr. Kadzinski: (PROPOSER) hereby submits its Proposal in response to the Request for Proposal (RFP) for Disaster Debris Management and Support Services issued by the Solid Waste Authority of Palm Beach County (AUTHORITY) in April 2014. As a duly authorized representative of the PROPOSER, I hereby certify, represent and warrant, on behalf of the PROPOSER team, as follows in connection with the Proposal: 1. The PROPOSER acknowledges receipt of the RFP and the following Addenda: No. Date 2. The submittal of the Proposal has been duly authorized by, and m all respects is binding upon, the PROPOSER. 3. All information and statements contained in the Proposal are current, correct and complete, and are made with full knowledge that the AUTHORITY will rely on such information and statements in qualifying PROPOSER. 4. The PROPOSER certifies under penalties of perjury that the RFP has been prepared and is submitted in good faith without collusion, fraud or any other action with any other person taken in restraint of free and open competition for the services contemplated by the RFP. As used in this Proposal Form, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals. 5. The PROPOSER is not currently suspended or debarred from doing business with any governmental entity. 6, The PROPOSER has reviewed all of the engagements and pending engagements of the PROPOSER, and no potential exists for any conflict of interest or unfair advantage. 7. No person or selling agency has been employed or retained to solicit the award of the Agreement under an arrangement for a commission, percentage, brokerage or contingency fee or on any other success fee basis, except bona fide employees of the PROPOSER. RFP No 14- 244 /MRK 19 April 2014 8. The principal contact person who will serve as the interface between the AUTHORITY and the PROPOSER for all communications is: Name: Title: Mailing Address: Phone: Fax: E -mail: The PROPOSER has carefully examined all documents constituting the RFP and the addenda thereto and, being familiar with the work and the conditions affecting the work contemplated by the RFP and such addenda, offers to furnish all labor, materials, supplies, equipment, facilities and services which are necessary, proper or incidental to carry out such work as required by and in strict accordance with this RFP and the Proposal. Name of Proposer Print Name of Designated Signatory Signature Title State of County of On this day of , 20 , before me appeared personally known to me to be the person described in and who executed this and acknowledged that (she/he) signed the same freely and voluntarily for the uses and purposes therein described. In witness thereof, I have hereunto set my hand and affixed my official seal the day and year last written above. Signature Notary Public in and for the State of (Affix Seal here) (Name printed) Residing at My commission expires RFP No. 14-244/MRK 20 Apnl 2014 PROPOSAL FORM 2 — PRICE PROPOSAL PROPOSER shall provide a completed Proposal Form 2 — Price Proposal and provide a price on every item to be considered in the evaluation of his/her submittal. PROPOSED FEES (based on estimated 3 million cubic yards) ITEM NO / POSITION DESCRIPTION ESTIMATED UNIT PRICE EXTENSION ANNUAL HOURS PER HOUR 1. Project Office/Principal 200 $ $ 2. Project Manager 700 $ $ 3. Operations Manager 1,900 $ $ 4 FEMA Reimbursement Manager 500 $ $ 5. Operations Specialist 700 $ $ 6. Field Supervisor 8,000 $ $ 7 Engineer /Scientist/Professional 400 $ $ S. Environmental Consultant 700 $ $ 9 Environmental Field Technician 700 $ $ 10 Data Manager 700 $ $ 11. GIS Analyst/Specialist 200 $ $ 12. Administrative Support 1,200 $ $ 13 DMS Monitor 22,000 $ $ 14. Field Monitor 43,000 $ $ 15. Call Center Operator 4,300 $ $ 16 Data Entry Clerk -Paper Ticket 500 $ $ TOTAL PROPOSAL PRICE: (Items 1 - 16) $ Proposed fees shall be fully loaded and include all expenses and equipment, including but not linuted to, ADMS, travel related expenses, meal allowances, hotel rooms, and any other relevant out of pocket expenses, as well as vehicles, electromcs, communications equipment and any other equipment, facilities, or infrastructure necessary to carry out the task. RFP No 14- 244/MRK 21 April 2014 PROPOSAL FORM 3 — NON - COLLUSION AFFIDAVIT State of County of Being duly sworn deposes and says: That she/he is an officer of the parties making the foregoing Proposal, that such Proposal is genuine and not collusive or sham; that said PROPOSER has not colluded, conspired, connived or agreed, directly or indirectly with any PROPOSER or person, to put in a sham bid or to refrain from bidding and has not in any manner, directly, or indirectly, sought by agreement or collusion or communication or conference with any person, to fix the price or affiant or any other PROPOSER, or to fix any overhead, profit or cost element of said price, or that of any other PROPOSER, or to secure any advantage against the AUTHORITY, or any person interested in the proposed contract and that all statements in said Proposal are true. Name of Proposer Print Name of Designated Signatory Signature Title On this day of , 20 , before me appeared personally known to me to be the person described in and who executed this and acknowledged that (she/he) signed the same freely and voluntarily for the uses and purposes therein described. In witness thereof, I have hereunto set my hand and affixed my official seal the day and year last written above. Signature Notary Public in and for the State of (Affix Seal here) (Name printed) Residing at My commission expires RFP No. 14- 244 /MRK 22 Apnl 2014 PROPOSAL FORM 4 — DRUG-FREE WORKPLACE The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United State or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements Print Name of Designated Signatory Signature - Date RFP No. 14- 244/MRK. 23 Apnl 2014 PROPOPSAL FORM 5 - SCHEDULE NO. 1 PARTICIPATION ON SBE - M/WBE FIRMS BID/RFP NAME: Disaster Debris Management and Support Services RFP NUMBER: 14- 244/MRK NAME OF PROPOSER: NAME, ADDRESS AND DESCRIPTION OF CONTRACT AMOUNT PHONE NO. OF SBE – M/WBE FIRM SERVICE TO BE PROVIDED l SMALL BLACK 1 HISPANIC WOMAN BUSINESS OTHER _ _ — _ _ -- F 111 — $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTAL SBE - M/WBE FIRMS: $ $ $ $ $ Note: M/WBE information is being collected for tracking purposes only. PROPOSER TO COMPLETE TOTAL PROPOSED SERVICES: $ PERCENTAGE PARTICIPATION: TOTAL SBE – M/WBE PROPOSED SERVICES: $ (Make additional copies as necessary) RFP No. 14- 244 /MRK 24 April 2014 PROPOSAL FORM 6 — SCHEDULE NO. 2 LETTER OF INTENT TO PERFORMASA SBE M/WBE SUB - CONSULTANT RFP NAME: RFP NO.: TO: (Name of Proposer) FROM: (Name ofSub Consultant) The undersigned intends to provide services in connection with the above as ( ✓one): ❑ an individual ❑ a partnership ❑ a corporation ❑ a joint venture The undersigned is certified by as a SBE Certification date: The undersigned is certified by as a M/WBE Certification date: Attach proof of SBE -M/WBE Certification, either letter or certificate from certifying agency The undersigned is prepared to provide the following services in connection with the above RFP (spec fy in detail particular work items or parts thereof to be performed): at the following price: (Amount must match Sub - Consultant's quote as listed on Schedule 1) Signature of SBE -M/WBE Sub - Consultant Printed Name of Signer Title of Signer Date Corporate Seal (If applicable) (Make additional copies as necessary) RFP No. 14- 244/MRK 25 Apn1 2014 PROPOSAL FORM 7 — SCHEDULE NO. 3 STATEMENT OF GOOD FAITH EFFORTS Good Faith efforts attempted by PROPOSER to achieve SBE - M/WBE participation through use of sub - consultants. Good Faith efforts should include but are not limited to Select 2 out of 3 for A through C A. Letters sent to SBE-MJWBE sub - consultants advising of the need for bids/proposals (provide copies of letter(s), response(s)). Note: solicitation letters must be sent to prospective SBE - M/WBE firms with reasonable lead times to allow proper responses. B. PROPOSER shall advertise in general circulation, trade association, and/or SBE - M/WBE focus media indicating the availability of subcontracting opportunities (provide copy of advertisement(s)). C. PROPOSER shall utilize services of available SBE - M/WBE community organizations, contractor groups, local/state/federal business assistance offices or other organizations (provide proof). Select D or E D, List of SBE -M/WBE firms who have expressed interest in providing the service but who were not accepted by the PROPOSER. If no expressions of interest were received, please so indicate. E. Document past utilization of SBE'S- M/WBE'S RFP No. 14- 244 /MRK 26 April 2014 PART VI ATTACHMENTS The following Attachments are included: Attachment A— Sample Agreement RFP No. 14- 244/MRK 27 April 2014