Item C32BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
June 20,
2012
Division: Public Works/En ing eering
Bulk Item: Yes
X
No
Department: Engineering Services
Staff Contact Person/Phone #: Judy Clarke X4329
AGENDA ITEM WORDING: Approval of a contract for Hurricane Debris and Disaster Response
and Recovery Services with DRC Emergency Services LLC, who was the highest ranked respondent to
the Request for Proposals (RFP).
ITEM BACKGROUND: The five year term for the current On Call Disaster Services contract
expires on June 20, 2012. Monroe County requires the services of hurricane debris/disaster services
contractor in the event of a disaster. On April 18, 2012 Monroe County received nine responses to the
RFP for Disaster Recovery Services. The selection committee scored and ranked the respondents. DRC
Emergency Services LLC was the highest ranked respondent. The new contract will be executed for a
five year term.
Costs incurred for debris clean up during a declared emergency are eligible for federal and state
reimbursement.
PREVIOUS RELEVANT BOCC ACTION: The BOCC gave approval to advertise a Request for
Proposals (RFP) for a Disaster Services Contractor at the February 2012 meeting. The BOCC approved
negotiating a contract with the highest ranked respondent at the May 2012 meeting.
CONTRACT/AGREEMENT CHANGES: Contract attached.
STAFF RECOMMENDATIONS: Approval as requested above.
TOTAL COST: unknown INDIRECT COST: BUDGETED: Yes No X
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: 12.5% of reimbursable exl2enses SOURCE OF FUNDS: FEMA, State and
Local Funds
REVENUE PRODUCING: Yes No OUNT PER MONTH Year
P14--
APPROVED BY: County Atteyl- OMB/Purc asing Risk Management A�_
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: DRC
Contract #
Effective Date:
June 20, 2012
Expiration Date:
June 20, 2017
Contract Purpose/Description:
Contract for hurricane debris and disaster related services.
The contract will be executed for a five year
term. Costs are eligible
for
FEMA/State Reimbursement.
Contract Manager: Judy Clarke
4329
Engineering/pl
_ _ _
(Name)
(Ext.)
(Department/Stop #)
for BOCC meeting on June 20, 2012
Agenda Deadline: June 5, 2012
CONTRACT COSTS
Total Dollar Value of Contract: $ unknown Current Year Portion: $
Budgeted? Yes_ No X Account Codes. - - - -
Grant: $ 87.5% - - - -
County Match: $ 12.5% - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e . maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Need Reviewer
Division Director _ _ Yes❑ No 5 1
Risk Management , Yes❑ No ��
O.M.B./Purc sing S:2L- [ es❑ No[—]
County Attorney Yes[:] Noa�&"A�
I Comments:
OMIT Form Revised 2/27/01 MCP #2
1
AGREEMENT FOR
DISASTER RESPONSE AND RECOVERY SERVICES
This Agreement ("Agreement") made and entered into this 20th day of June, 2012 by and
between Monroe County, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as
"COUNTY," through the Monroe County Board of County Commissioners ("BOCC"),
AND
DRC Emergency Services, LLC, a Limited Liability Company of the State of Alabama,
whose address is 740 Museum Drive, Mobile, Alabama 36608, its successors and assigns,
hereinafter referred to as "CONTRACTOR",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for
Disaster Response and Recovery Services; and
WHEREAS, CONTRACTOR has agreed to provide professional services which shall
include but not be limited to providing Disaster Response and Recovery Services, which services
shall collectively be referred to as the "Project";
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONTRACTOR agree as follows:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONTRACTOR makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties
hereunder have been fully satisfied;
1.1.2 The CONTRACTOR has become familiar with the Project site and the local conditions
under which the work is to be completed.
1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in such a
manner that they shall be accurate, coordinated and adequate for use in verifying work
completed by debris contractors and associated costs and shall be in conformity and
comply with all applicable law, codes and regulations. The CONTRACTOR warrants that
the documents prepared as a part of this Agreement will be adequate and sufficient to
document costs in a manner that is acceptable for reimbursement by government agencies,
therefore eliminating any additional cost due to missing or incorrect information;
1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to
his performance and those directly under his employ.
1.1.5 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances,
rules and regulations pertaining to, or regulating the provisions of such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances,
rules and regulations shall constitute a material breach of this agreement and shall entitle
the Board to terminate this contract immediately upon delivery of written notice of
termination to the CONTRACTOR.
1.1.6 At all times and for all purposes under this agreement the CONTRACTOR is an
independent contractor and not an employee of the Board of County Commissioners for
Monroe County. No statement contained in this agreement shall be construed so as to find
the CONTRACTOR or any of his/her employees, contractors, servants, or agents to be
employees of the Board of County Commissioners for Monroe County.
1.1.7 The CONTRACTOR shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
in its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
1.1.8 The effective date of this AGREEMENT shall be June 20, 2012. The term of the
AGREEMENT shall be for a five year period, unless otherwise terminated as provided
herein. The COUNTY shall have the option of extending the AGREEMENT in one year
increments for up to five addional years at the same terms and conditions with approval of
the COUNTY'S governing board. Such extension(s) shall be in the form of a written
Amendment to the AGREEMENT and shall be executed by both parties.
ARTICLE If
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A. The
CONTRACTOR shall commence work on the services provided for in this Agreement promptly
upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed will be in
the form of a task order and must contain a description of the services to be performed, and the
time within which services must be performed.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONTRACTOR shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its
subcontractors, or both.
N
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONTRACTOR. Any notice required or permitted under this agreement
shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified
mail, return receipt requested, to the following:
Mr. Kevin Wilson, P.E.
Monroe County Public Works Engineering Division
1100 Simonton Street
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the CONTRACTOR:
J La '1 aJ
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ARTICLE III
ADDITIONAL SERVICES
3.1 The services described in Article III that may be provided by the CONTRACTOR (provided
for example purposes only) and are not included in Basic Services. If requested by the
COUNTY they shall be paid for as an addition to the compensation paid for the Basic
Services but only if approved by the COUNTY before commencement.
A. Providing services of CONTRACTOR for other than the previously listed scope of the
Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not customarily
furnished in accordance with generally accepted debris recovery operations.
B. Providing representation before public bodies in connection with the Project, upon
approval by COUNTY.
3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a
letter requesting and describing the requested services to the CONTRACTOR. The
CONTRACTOR shall respond with a fee proposal to perform the requested services. Only
after receiving an amendment to the Agreement and a notice to proceed from the
COUNTY, shall the CONTRACTOR proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project including
physical location of work, county maintained roads, maps.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
to the Project. The COUNTY or its representative shall render decisions in a timely manner
pertaining to documents submitted by the CONTRACTOR in order to avoid unreasonable
delay in the orderly and sequential progress of the CONTRACTOR'S services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONTRACTOR if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have been
duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONTRACTOR'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its
subcontractors shall be solely for the purpose of determining whether such documents are
generally consistent with the COUNTY's criteria, as, and if, modified. No review of such
documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has
immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend COUNTY, its
commissioners, officers, employees, agents and servants from any and all claims for bodily injury,
including death, personal injury, and property damage, including damage to property owned by
Monroe County, and any other losses, damages, and expenses of any kind, including attorney's
fees, court costs and expenses, which arise out of, in connection with, or by reason of services
provided by CONTRACTOR or its Subcontractor(s) in any tier, occasioned by the negligence,
errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier,
their officers, employees, servants and agents.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONTRACTOR's failure to purchase or maintain the required
insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased expenses
resulting from such delay. Should any claims be asserted against COUNTY by virtue of any
deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the
CONTRACTOR agrees and warrants that CONTRACTOR hold the County harmless and shall
indemnify it from all losses occurring thereby and shall further defend any claim or action on the
COUNTY's behalf.
4
The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONTRACTOR shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following named
individuals will perform those functions as indicated:
FUNCTION
So long as the individuals named above remain actively employed or retained by the
CONTRACTOR, they shall perform the functions indicated next to their names. If they are
replaced the CONTRACTOR shall notify the COUNTY of the change immediately.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S
performance of this Agreement based on rates negotiated and agreed upon and shown in
Attachment A.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth
herein, the CONTRACTOR shall be paid monthly.
(A) If the CONTRACTOR'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONTRACTOR shall be equitably adjusted, either upward
or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONTRACTOR'S
invoice shall describe with reasonable particularity the service rendered. The
CONTRACTOR'S invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought at the COUNTY may require.
(C) Payment shall be made pursuant to the Local Government Prompt Payment Act,
218.735, Florida Statute.
7.3 REIMBURSABLE EXPENSES
Rates shall be inclusive of all reimbursable expenses.
7.4 BUDGET
7.4.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal
year (October 1 - September 30) by COUNTY's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the COUNTY's Board of
County Commissioners.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
ARTICLE VIII
INSURANCE
8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of the project (to
include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to
purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY
from any and all increased expenses resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to business in the State of Florida and that has an agent for
service of process within the State of Florida. The coverage shall contain an endorsement
providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a
form acceptable to the COUNTY.
8.3 CONTRACTOR shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000
Disease, policy limits, $1,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and/or damages to property of others arising from use
of motor vehicles, including onsite and offsite operations, and owned, hired or non-
owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One
Million Dollars ($1,000,000.00) annual aggregate.
D. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONTRACTOR or any of its employees, agents or
subcontractors or subcontractors, including Premises and/or Operations, Products and
Completed Operations, Independent Contractors; Broad Form Property Damage and a
Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per
occurrence and annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
E. Pollution Liability insurance of Five Million Dollars ($5,000,000.00) per occurrence and
Ten Million Dollars ($10,000,000.00) annual aggregate. If the policy is a "claims made"
policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover claims
made after completion of the project to cover the statutory time limits in Chapter 95 of
the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to CONTRACTOR'S
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
G. CONTRACTOR shall require its subcontractors to be adequately insured at least to the
limits prescribed above, and to any increased limits of CONTRACTOR if so required by
COUNTY during the term of this Agreement. COUNTY will not pay for increased limits
of insurance for subcontractors.
H. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request.
I. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will
be required. In addition, the CONTRACTOR may be required to submit updated
financial statements from the fund upon request from the COUNTY.
ARTICLE IX
MISCELLANEOUS
.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
9.2
9.3
9.4
9.5
9.6
OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONTRACTOR for this Project belong to the COUNTY
and may be reproduced and copied without acknowledgement or permission of the
CONTRACTOR.
SUCCESSORS AND ASSIGNS
The CONTRACTOR shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County and the CONTRACTOR, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this agreement. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
CONTRACT DOCUMENTS
This contract consists of the Proposal Statement, any addenda, the Form of Agreement
(Articles I -IX), the CONTRACTOR'S response to the RFP, the documents referred to in the
Form of Agreement as a part of this Agreement, and attachments A, B and C, and
modifications made after execution by written amendment. In the event of any conflict
between any of the Contract documents, the one imposing the greater burden on the
CONTRACTOR will control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on contracts 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
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or CONTRACTOR 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 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
By signing this Agreement, CONTRACTOR represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid
hereto, and may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONTRACTOR further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act defined
by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether CONTRACTOR has been placed on the convicted
vendor list.
CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or
CONTRACTOR is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five years from the
termination of this agreement. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and CONTRACTOR agree that
venue shall lie in the 16t" Judicial Circuit, Monroe County, Florida, in the appropriate court
or before the appropriate administrative body. This agreement shall not be subject to
arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
9
conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The COUNTY and CONTRACTOR 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.
9.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement
or interpretation of the Agreement, the prevailing party shall be entitled to reasonable
attorney's fees and court costs, as an award against the non -prevailing party, and shall
include attorney's fees and courts costs in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement; provided
that all applications, requests, grant proposals, and funding solicitations shall be approved
by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of
County Commissioners. If the issue or issues are still not resolved to the satisfaction of the
parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law. This provision does not negate or waive the
provisions of paragraph 9.5 concerning termination or cancellation.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONTRACTOR agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. COUNTY and
CONTRACTOR specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
E
9.17 NONDISCRIMINATION
CONTRACTOR and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all
local ordinances, as applicable, relating to nondiscrimination. These include but are not
limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972
(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County
Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes
which may apply to the parties to, or the subject matter of, this Agreement.
9.18 COVENANT OF NO INTEREST
CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112,313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse
of public position, conflicting employment or contractual relationship; and disclosure or use
of certain information.
9.20 NO SOLICITATION/PAYMENT
The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely for it,
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
9.21 PUBLIC ACCESS.
The CONTRACTOR and COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the CONTRACTOR and COUNTY in connection with this Agreement; and the COUNTY
shall have the right to unilaterally cancel this Agreement upon violation of this provision by
CONTRACTOR.
9.22 NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONTRACTOR and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any contract entered into by the COUNTY be required to contain any provision for
waiver.
9.23 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of
the COUNTY, when performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida constitution,
state statute, and case law.
9.25 NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit
of any service or program contemplated hereunder, and the CONTRACTOR and the
COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
12
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONTRACTOR agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions thereto shall
be adjusted to exclude any significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end of
the Agreement.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
9.29 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS
The following forms and provisions are incorporated in and made a part of this contract.
9.29.1 Davis -Bacon Act - In accordance with the Davis -Bacon Act, the CONTRACTOR or
their subcontractors shall pay workers employed directly upon the site of the work no
less than the locally prevailing wages and fringe benefits paid on projects of a similar
character. The current prevailing wage rates can be found at:
wzw.access.gpo.gov/davisbacon?fl.html under Monroe County.
9.29.2 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with
all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
9.29.3 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of
the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement. The COUNTY and its
CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the
13
performance of this Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with applicable federal and state
laws and regulations to ensure that the DBE's have the opportunity to compete for
and perform contracts. The COUNTY and the CONTRACTOR and subcontractors
shall not discriminate on tha basis of race, color, national origin or sex In the award
and performance of contracts, entered pursuant to this Agreement.
9.29.4 Convict Labor - The convict labor prohibition in 23 U.S.C. 114 applies to emergency
repair projects. Convict labor cannot be used in emergency repair construction
projects.
9.29.5 FHWA Form 1273 Is attached hereto as Attachment B and made a part of this
Agreement.
9.29.6 The requirements of 23 CFR Part 635.410 Buy America Requirements are attached
hereto as Attachment C and made a part of this Agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By:
Deputy Clerk
Date:
(Seal)
1
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
DRC Emergency Services, LLC
END OF AGREEMENT
a]
MONROE COUNTY ATTORNEY
„APPROVED AS TO FORM:
CHRI$TINE M. LIM—SINW4_3AFIFIOWS
ASSISTANT TY ATTORNEY
Dale
ATTACHMENT A
SCOPE OF WORK AND PRICING
IN
In the event of a disaster, upon Notice to Proceed from the COUNTY, the CONTRACTOR shall
be responsible for providing emergency debris clearance (PUSH), Debris Recovery (loading
and hauling of disaster related debris), management of Temporary Debris Storage and
Reduction sites (TDSR), and tree stump and limb removal. All disaster response and recovery
services shall be performed in compliance with FEMA and FHWA guidelines. Documentation
and reports of work performed shall be in a form suitable for FEMA reimbursement.
These tasks may include, but are not limited to:
A. Emergency Debris Clearing from County Rights of Way and Facilities
• Immediately after a disaster, provide all necessary equipment, tools and
personnel to clear primary roads and critical government facilities of debris to
allow emergency vehicles access to areas in need of assistance as directed by
the County.
• Debris should be stacked along the edge of pavement on the shoulder of the
road and not blocking driveways, side streets or utilities of any kind.
• Emergency Debris Removal may require loading the debris, hauling the debris to
an approved dumpsite, and dumping the debris at the approved dumpsite.
• Provide daily reporting to include cumulative, daily, and hourly statistics detailing
type of equipment and personnel used
Pricing for Emergency Debris Clearing equipment shall be at the hourly rates detailed as
follows (equipment operator included):
Equipment Type
Hourly Equipment Rate
Bobcat Loader
$85.00
Bucket Truck w/Operator
$115.00
Crash Truck w/Impact Attenuator
$45.00
Dozer, Tracked, D5 or similar
$110.00
Dozer, Tracked, D6 or similar
$120.00
Dozer, Tracked, D7 or similar
$130.00
Dozer, Tracked, D8 or similar
$140.00
Dump Truck, 18 CY-25 CY
$40.00
Dump Truck, 25 CY-35 CY
$50.00
Dump Truck, 35 CY-45 CY
$60.00
Dump Truck, 50 CY or larger
$70.00
Generator and Lighting
$10.00
Grader w/12' Blade
$110.00
Hydraulic Excavator, 1.5 CY
$125.00
Hydraulic Excavator, 2.5 CY
$135.00
Knuckleboom Loader
$110.00
Equipment Transport
$90.00
Mobile Crane (Adequate for hanging limbs/leaning trees)
$125.00
V
Pickup Truck, .5 Ton
$20.00
Truck, Flatbed
$35.00
Water Truck
$50.00
Wheel Loader, 2.5 CY, 950 or similar
$175.00
Wheel Loader, 3.5 — 4.0 CY, 966 or similar
$185.00
Wheel Loader, 4.5 CY, 980 or similar
$195.00
Wheel Loader-Backhoe, 1.0 — 1.5 CY
$75.00
Track Hoe, John Deere 690 or similar
$150.00
Stump Grinder
$75.00
30 ton or larger Crane
$110.00
Labor rates for emergency debris clearing and other work directed by COUNTY which
require hourly billing shall be invoiced as follows:
Labor Category
Hourly Labor Rate
Operations Manager w/Cell Phone and Pickup
$50.00
Crew Foreman wlCell Phone and Pickup
$60.00
Tree Climber/Chainsaw
$95.00
Laborer w/Chain Saw
$38.00
Laborer w/small tools, traffic control, flag person
$38.00
B. Debris Recovery and Disposal (Load and Haul) from County Roads and Facilities
• Provide all necessary equipment and personnel to load and haul disaster -
generated debris to an approved TDSR site.
• Disaster —related debris will be sorted into categories', clean vegetative, non -
vegetative, seaweed, white goods, household hazardous waste, mixed and
ineligible at the load sites.
• All debris shall be mechanically loaded and reasonably compacted.
• Provide control of pedestrian and vehicular traffic in the work area; include flag
persons, signs or other devices necessary to ensure safe debris recovery
operations.
• Provide daily reports on all debris recovery operations; include all equipment and
personnel used. The report shall detail daily and cumulative -to -date statistics on
the number of truckloads, number of cubic yards of debris hauled, locations of
completed work, and locations of current work for each type of debris recovered.
• Identify landfills and/or other final disposal site(s) for all debris.
• Haul debris from TDSR sites to final disposal site(s).
• Immediately investigate claims of damage to private property and/or County
roads and rights -of -way due to debris operations and ensure proper repairs are
made promptly at no cost to the County.
• Provide all necessary equipment and personnel to remove seaweed and other
debris from beach sand by screening and return clean sand to beach as directed
by the County.
E
Unit Costs associated with collection and hauling of debris from County rights of way
to TDSRs are on a per cubic yard (CYD) basis. Rates are inclusive of all costs and
shall be invoiced at the following rates:
Description
Unit
Unit Price
Collect and Haul Vegetative Debris
0 -15 mi
CYD
$6.62
15.1 - 30 mi
CYD
$6.62
> 30 mi
CYD
$6.62
Collect and Haul Non -Vegetative C&D Debris
0 -15 mi.
CYD
$7.22
15.1 - 30 mi
CYD
$7.22
> 30 mi
CYD
$7.22
Collect and Haul White Goods
0 -15 mi
CYD
$75.00
15.1 - 30 mi
CYD
$75.00
> 30 mi
CYD
$75.00
Collect and Haul Household Hazardous Waste
0 -15 mi
CYD
$34.95
15.1 - 30 mi
CYD
$34.95
> 30 mi
CYD
$34.95
Collect and Haul Seaweed
0 -15 mi
CYD
$9.42
15.1 - 30 mi
CYD
$9.42
> 30 mi
CYD
$9.42
Disposal of animal carcasses shall be $35.00 per unit.
C. Management of Temporary Debris Storage and Reduction (TDSR) Sites
• Provide sufficient personnel and equipment to operate multiple TDSR sites
simultaneously within unincorporated Monroe County
• Fully document pre-existing conditions at proposed TDSR sites with photographs
and appropriate environmental sampling.
• Prepare each approved TDSR site to accept debris, to include clearing, erosion
control, grading, construction and maintenance of haul roads and entrances and
installation of inspection towers and security fencing
• Establish site layout, including entrance, exit and internal haul roads at each
TDSR site
• Provide all management, supervision, labor, machines, tools, and equipment
necessary to accept, process, reduce, sort, and dispose of disaster related
debris.
• Provide at least one inspection tower at each TDSR site constructed to pre -
approved county specifications.
• Vegetative Debris reduction shall be performed by chipping / grinding only
• Ensure all debris is properly staged and sorted.
• Provide daily and cumulative -to -date reports for each TDSR site.
TO
• Ensure TDSR sites are secure and not accessible by the public during operation
and after working hours.
• After all debris has been reduced and hauled to final disposal sites, perform site
restoration and closeout; include removal of site equipment (temporary toilets,
inspection towers, security fence, etc) and restore the site to pre -work conditions.
Costs related to testing to establish TDSR site initial conditions, site mobilization and site
restoration shall be invoiced at CONTRACTOR cost with no mark-up.
Unit costs for TDSR site management and debris reduction are on a per cubic yard basis. Costs
are inclusive of all work required to manage and reduce debris, except as noted above, (freon
removal from white goods is a separate, per unit cost), and shall be invoiced as follows:
Description
Unit
Unit Price
Debris Site Management
vegetative
CYD
$1.92
non -vegetative
CYD
$0.82
white goods
CYD
$0.40
household hazardous waste
CYD
$0.50
seaweed
CYD
$0.50
Freon removal from white goods shall be invoiced at $58.00 per unit from which Freon is
removed; the price for Freon removal includes transport and disposal of Freon at an approved
disposal site.
Price for Haul out of reduced debris to Final Disposal sites shall be inclusive of all costs and
shall be invoiced on a per cubic yard basis as follows:
Description
Unit
Unit Price
Haul out to Final Disposal
0 - 60 mi
CYD
$2.50
61 - 100 mi
CYD
$5.86
101 - 130 mi
CYD
$7.42
greater than 130 mi
CYD
$7.42
D. Contractor will identify final disposal locations for all debris classes. Cost associated with
landfill tipping fees will be a pass through cost; the CONTRACTOR will invoice the
COUNTY at actual cost, without any additional fees. Wherever possible, recycling, or
other approved re -use facilities (ie. for metals) will be identified in order to reduce
disposal costs.
E. Beach Sand Screening and Replacement
Provide all necessary equipment and personnel to screen all sand to remove debris
deposited by an event. This task includes the pick-up of debris laden sand, hauling
debris laden sand to the processing screen located on or near the beach, processing the
debris laden sand and returning the clean sand to the approximate original location on
the beach as directed by the COUNTY. Debris removed from the sand will be picked up,
E
hauled and processed based on the scope of work and unit prices for debris removal
from COUNTY rights of way.
The cost associated with collection, screening and returning sand to the beach shall be
invoiced at $8.98 per cubic yard.
F. As directed by the County, the CONTRACTOR will provide labor, equipment and
materials to clear vegetative debris from private property, and demolish and remove
non -vegetative debris from private property. Work my include trimming limbs and trees
that present a hazard, clearing debris from private property and hauling it to the closest
public right of way.
Work will not proceed until appropriate rights of entry forms and hold harmless
agreements are obtained.
The following rates apply for right of entry work:
Vegetative debris: $14.68 per cubic yard
Demolish and Remove non -vegetative debris from private property: $19.83 per cubic
yard.
G. Tree and Limb Removal
• Provide all equipment, tools and personnel to safely remove hazardous leaning
trees or hanging tree limbs, as directed by Monroe County.
• Provide control of pedestrian and vehicular traffic in the work area, to include flag
persons, signs or other devices necessary to ensure safe tree/limb removal
operations
• Ensure that strict Right -of -Entry procedures are followed for any hazardous tree
or limb removal operations that affect private property.
• As directed by the County, remove all hazardous tree stumps, both uprooted and
intact.
The cost of tree and limb removal shall be invoiced at the hourly rates for equipment and
labor. Tree stump removal shall be invoiced as follows:
Tree Stump Removal
Unit
Unit Price
Greater than 12" but Less than 24" in Diameter
Per Stump
$200.00
Greater than 24" but Less than 48" in Diameter
Per Stump
$300.00
48" and Greater in Diameter
Per Stump
$400.00
H. Logistical and Recovery Operation Services
• General procurement and logistics from tents to meals ready to eat (MRE): all
emergency and support items purchased, warehoused, and delivered;
• Provide temporary housing, restroom, shower and laundry facilities for
emergency workers including related supplies, service, and maintenance of
facilities.
• Provide and install temporary offices, mobile command centers, accommodations
and support;
20
• Provide emergency generator services with licensed electrician support to
specified facilities including hauling, installing, servicing and removal of
generators.
• Provide ice, water and fuel delivery and distribution services to specified facilities.
• Provide hazardous waste recovery, disposal and remediation in flooded
environments, including canals. Services will include permitting, testing and
related services.
• Provide emergency communications services;
• Recovery and destruction of dead fish, animals and livestock
• Provide emergency clinics and support personnel.
The CONTRACTOR shall supply Logistical and Recovery Services as directed by the COUNTY,
during the emergency event. Invoicing for Logistical and Recovery Services and equipment
shall be invoiced as follows:
1) All logistical needs and emergency support items will be purchased, warehoused and
delivered as required by the County. All items shall be billed at actual cost plus 18%
2) Temporary housing, including restrooms, showers and laundry facilities will be
provided as requested by the County. They shall be billed at $362.00 per man per
day, with a 14 day minimum
3) Temporary Offices will be billed at a Day rate of $1750.00. They will be 8' X 40'. A
mobile command center can be provided at a rate of $1,900.00 per day. All
necessary support included. Accommodations provided as per Item # 2
4) All necessary generators will be provided under the same terms as Item #1
5) Ice, water, and fuel delivery and distribution services will be provided under the same
terms as Item #1
6) Hazardous Waste recovery and disposal will be billed from the schedule below
Canal silt removal and disposal
Marine based removal:
0-5 mile one way haul $ 28.00 per cubic yard
5.1-10 mile one way haul $ 29.00 per cubic yard
10.1-15 mile one way haul $ 60.00 per cubic yard
Land based removal:
0-5 mile one way haul $ 25.00 per cubic yard
5.1-10 mile one way haul $ 26.00 per cubic yard
10.1-15 mile one way haul $ 27.00 per cubic yard
Drainage ditches silt and debris removal
Ditch width 0-4.0 feet $ 5.86 per linear foot
Ditch width 4.1-8 feet $ 6.86 per linear foot
Ditch width 8.1-12 feet $ 8.86 per linear foot
Ditch width 12.1-16 feet $ 14.86 per linear foot
21
Ditch width 16.1-20 feet $ 18.86 per linear foot
Ditch width 20.1-30 feet $ 24.68 per linear foot
Debris to be placed on the ROW for collection as regular debris.
Silt to be hauled and disposed of at $15.00 per cubic yard
Cleaning and clearing of storm drain lines
Drain Line Diameter 0-15.0 inches
$ 8.50 per linear foot
Drain Line Diameter 15.01-36 inches
$ 10.50 per linear foot
Debris to be placed on the ROW for collection as regular debris.
Silt to be hauled and disposed of at $15.00 per cubic yard
Cleaning and clearing of catch basins and inlets
4 ` X 4'
$ 200.00 each
8' X 8'
$ 250.00 each
10, X 10,
$ 300.00 each
20' X 20'
$ 400.00 each
Marine Debris Removal
Price proposal for removal of debris from a marine enviroment, using either land or marine
based equpment.
1. Vegetative Debris
Land Based:
Marine Based:
1. C & D and Mixed Debris
Land Based:
Marine Based:
$ 22.68 cubic yard
$ 58.62 cubic yard
$ 26.68 cubic yard
$ 62.48 cubic yard
Derelict vehicle and vessel removal (from land)
Pricing proposal for vehicle and vessel recovery:
1. Transfer/Tow of typical passenger car: $ 279.00 ea
2. Transfer/Tow and handling of
Recreational vessels up to 24' in length
a. Flat & V- Hulled Vessels 80.00per linear foot
b. Keeled Vessels 150.00per linear foot
3. Transfer/Tow and handling of
Recreational vessels 25' up to 35' in length
a. Flat & V- Hulled Vessels
b. Keeled Vessels
145.00per linear foot
290.00per linear foot
22
4. Transfer/Tow and handling of
Recreational vessels 36' up to 48' in length
a. Flat & V- Hulled Vessels
b. Keeled Vessels
6. Transfer/Tow and handling or
Recreational vessels above 48' in length
a. Flat & V- Hulled Vessels
b. Keeled Vessels
Operation of secure aggregation site for vessels:
$ 7,450.00 per day
195.00per linear foot
325.00per linear foot
295.00per linear foot
350.00per linear foot
Remediation can involve a wide array of materials, manpower and supplies. DRC and its
network of subcontractors has the ability to perform any type of remediation which may be
required. Due to the unknown nature of this remediation, all needed services shall be identified
and the rates negotiated at a fair and reasonable cost to the County.
23
ATTACHMENT B
FHWA Form 1273
2
Required Contract Provisions Federal -Aid Construction Contracts
FHWA-1273 Electronic Version — March 10, 1994
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Payment of Predetermined Minimum Wage
V. Statements and Payrolls
VI. Record of Materials, Supplies, and Labor
VII. Subletting or Assigning the Contract
VIII. Safety: Accident Prevention
IX. False Statements Concerning Highway Projects
X. Implementation of Clean Air Act and Federal Water Pollution Control Act
XI. Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion
XII. Certification Regarding Use of Contract Funds for Lobbying
Attachments
A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only)
1
A4
6
7
12
14
14
15
16
17
17
21
I. GENERAL
1. These contract provisions shall apply to all work performed on the contract by the
contractor's own organization and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the contract by piecework, station
work, or by subcontract.
2. Except as otherwise provided for in each section, the contractor shall insert in each
subcontract all of the stipulations contained in these Required Contract Provisions, and
further require their inclusion in any lower tier subcontract or purchase order that may in turn
be made. The Required Contract Provisions shall not be incorporated by reference in any
case. The prime contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Required Contract Provisions shall be
sufficient grounds for termination of the contract.
4. A breach of the following clauses of the Required Contract Provisions may also be grounds
for debarment as provided in 29 CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and
Section V of these Required Contract Provisions shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accordance with the procedures of
the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor (or any of its subcontractors)
and the contracting agency, the DOL, or the contractor's employees or their representatives.
6. Selection of Labor: During the performance of this contract, the contractor shall not:
a. discriminate against labor from any other State, possession, or territory of the United
States (except for employment preference for Appalachian contracts, when
applicable, as specified in Attachment A), or
b, employ convict labor for any purpose within the limits of the project unless it is labor
performed by convicts who are on parole, supervised release, or probation.
i'l.. NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or
more.)
Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not
to discriminate and to take affirmative action to assure equal opportunity as set forth under
laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and
orders of the Secretary of Labor as modified by the provisions prescribed herein, and
imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action
standards for the contractor's project activities under this contract. The Equal Opportunity
Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the
American Disabilities Act of 1990 (42 U.S.C. 12101 et seg.) set forth under 28 CFR 35 and
29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract,
the contractor agrees to comply with the following minimum specific requirement activities of
EEO:
a. The contractor will work with the State highway agency (SHA) and the Federal
Government in carrying out EEO obligations and in their review of his/her activities
under the contract.
b. The contractor will accept as his operating policy the following statement:
"it is the policy of this Company to assure that applicants are
employed, and that employees are treated during employment,
without regard to their race, religion, sex, color, national origin, age
or disability. Such action shall include: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship, preapprenticeship,
and/or on-the-job training."
EEO Officer: The contractor will designate and make known to the SHA contracting officers
an EEO Officer who will have the responsibility for and must be capable of effectively
administering and promoting an active contractor program of EEO and who must be
assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire,
supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will implement, the
contractor's EEO policy and contractual responsibilities to provide EEO in each grade and
classification of employment. To ensure that the above agreement will be met, the following
actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted
before the start of work and then not less often than once every six months, at which
time the contractor's EEO policy and its implementation will be reviewed and
explained. The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough
indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO
obligations within thirty days following their reporting for duty with the contractor.
C. All personnel who are engaged in direct recruitment for the project will be instructed
by the EEO Officer in the contractor's procedures for locating and hiring minority
group employees.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas
readily accessible to employees, applicants for employment and potential
employees.
e. The contractor's EEO policy and the procedures to implement such policy will be
brought to the attention of employees by means of meetings, employee handbooks,
or other appropriate means.
4. Recruitment: When advertising for employees, the contractor will include in all
advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minority
groups in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct
systematic and direct recruitment through public and private employee referral
sources likely to yield qualified minority group applicants. To meet this requirement,
the contractor will identify sources of potential minority group employees, and
establish with such identified sources procedures whereby minority group applicants
may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive
hiring hall referrals, he is expected to observe the provisions of that agreement to
the extent that the system permits the contractor's compliance with EEO contract
provisions. (The DOL has held that where implementation of such agreements have
the effect of discriminating against minorities or women, or obligates the contractor
to do the same, such implementation violates Executive Order 11246, as amended.)
C. The contractor will encourage his present employees to refer minority group
applicants for employment. Information and procedures with regard to referring
minority group applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee benefits shall be established
and administered, and personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race,
color, religion, sex, national origin, age or disability. The following procedures shall be
followed:
a. The contractor will conduct periodic inspections of project sites to insure that
working conditions and employee facilities do not indicate discriminatory treatment
of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
C. The contractor will periodically review selected personnel actions in depth to
determine whether there is evidence of discrimination. Where evidence is found, the
contractor will promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such corrective action shall
include all affected persons.
The contractor will promptly investigate all complaints of alleged discrimination made
to the contractor in connection with his obligations under this contract, will attempt to
resolve such complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the discrimination may affect
persons other than the complainant, such corrective action shall include such other
persons. Upon completion of each investigation, the contractor will inform every
complainant of all of his avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minority
group and women employees, and applicants for employment.
b. Consistent with the contractor's work force requirements and as permissible under
Federal and State regulations, the contractor shall make full use of training
programs, i.e., apprenticeship, and on-the-job training programs for the geographical
area of contract performance. Where feasible, 25 percent of apprentices or trainees
in each occupation shall be in their first year of apprenticeship or training. In the
event a special provision for training is provided under this contract, this
subparagraph will be superseded as indicated in the special provision.
C. The contractor will advise employees and applicants for employment of available
training programs and entrance requirements for each.
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The contractor will periodically review the training and promotion potential of minority
group and women employees and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees,
the contractor will use his/her best efforts to obtain the cooperation of such unions to
increase opportunities for minority groups and women within the unions, and to effect
referrals by such unions of minority and female employees. Actions by the contractor either
directly or through a contractor's association acting as agent will include the procedures set
forth below:
a. The contractor will use best efforts to develop, in cooperation with the unions, joint
training programs aimed toward qualifying more minority group members and
women for membership in the unions and increasing the skills of minority group
employees and women so that they may qualify for higher paying employment.
b. The contractor will use best efforts to incorporate an EEO clause into each union
agreement to the end that such union will be contractually bound to refer applicants
without regard to their race, color, religion, sex, national origin, age or disability.
C. The contractor is to obtain information as to the referral practices and policies of the
labor union except that to the extent such information is within the exclusive
possession of the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to the SHA and shall set
forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of
minority and women referrals within the time limit set forth in the collective
bargaining agreement, the contractor will, through independent recruitment efforts,
fill the employment vacancies without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified and/or qualifiable
minority group persons and women. (The DOL has held that it shall be no excuse
that the union with which the contractor has a collective bargaining agreement
providing for exclusive referral failed to refer minority employees.) In the event the
union referral practice prevents the contractor from meeting the obligations pursuant
to Executive Order 11246, as amended, and these special provisions, such
contractor shall immediately notify the SHA.
8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The
contractor shall not discriminate on the grounds of race, color, religion, sex, national origin,
age or disability in the selection and retention of subcontractors, including procurement of
materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO
obligations under this contract.
Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have
equal opportunity to compete for and perform subcontracts which the contractor
enters into pursuant to this contract. The contractor will use his best efforts to solicit
bids from and to utilize DBE subcontractors or subcontractors with meaningful
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minority group and female representation among their employees. Contractors shall
obtain lists of DBE construction firms from SHA personnel.
C. The contractor will use his best efforts to ensure subcontractor compliance with their
EEO obligations.
9. Records and Reports: The contractor shall keep such records as necessary to document
compliance with the EEO requirements. Such records shall be retained for a period of three
years following completion of the contract work and shall be available at reasonable times
and places for inspection by authorized representatives of the SHA and the FHWA.
a. The records kept by the contractor shall document the following:
1. The number of minority and non -minority group members and women
employed in each work classification on the project;
2. The progress and efforts being made in cooperation with unions, when
applicable, to increase employment opportunities for minorities and women;
3. The progress and efforts being made in locating, hiring, training, qualifying,
and upgrading minority and female employees; and
4. The progress and efforts being made in securing the services of DBE
subcontractors or subcontractors with meaningful minority and female
representation among their employees.
b. The contractors will submit an annual report to the SHA each July for the duration of
the project, indicating the number of minority, women, and non -minority group
employees currently engaged in each work classification required by the contract
work. This information is to be reported on Form FHWA-1391. If on-the-job training
is being required by special provision, the contractor will be required to collect and
report training data.
fW NONSEGREGATED FACILITIES
(Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or
more.)
a. By submission of this bid, the execution of this contract or subcontract, or the consummation
of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid
construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies
that the firm does not maintain or provide for its employees any segregated facilities at any
of its establishments, and that the firm does not permit its employees to perform their
services at any location, under its control, where segregated facilities are maintained. The
firm agrees that a breach of this certification is a violation of the EEO provisions of this
contract. The firm further certifies that no employee will be denied access to adequate
facilities on the basis of sex or disability.
b. As used in this certification, the term "segregated facilities" means any waiting rooms, work
areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker
rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are
segregated by explicit directive, or are, in fact, segregated on the basis of race, color,
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religion, national origin, age or disability, because of habit, local custom, or otherwise. The
only exception will be for the disabled when the demands for accessibility override (e.g.
disabled parking).
The contractor agrees that it has obtained or will obtain identical certification from proposed
subcontractors or material suppliers prior to award of subcontracts or consummation of
material supply agreements of $10,000 or more and that it will retain such certifications in its
files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related
subcontracts, except for projects located on roadways classified as local roads or rural minor
collectors, which are exempt.)
General:
a. All mechanics and laborers employed or working upon the site of the work
will be paid unconditionally and not less often than once a week and without
subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations (29 CFR 3) issued by the
Secretary of Labor under the Copeland Act (40 U.S.C. 276c)j the full
amounts of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment. The payment shall be computed at wage
rates not less than those contained in the wage determination of the
Secretary of Labor (hereinafter "the wage determination") which is attached
hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor or its subcontractors
and such laborers and mechanics. The wage determination (including any
additional classifications and wage rates conformed under paragraph 2 of
this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall
be posted at all times by the contractor and its subcontractors at the site of
the work in a prominent and accessible place where it can be easily seen by
the workers. For the purpose of this Section, contributions made or costs
reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of
the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the
provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this
Section, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs,
which cover the particular weekly period, are deemed to be constructively
made or incurred during such weekly period. Such laborers and mechanics
shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without
regard to skill, except as provided in paragraphs 4 and 5 of this Section IV.
b. Laborers or mechanics performing work in more than one classification may
be compensated at the rate specified for each classification for the time
actually worked therein, provided, that the employer's payroll records
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accurately set forth the time spent in each classification in which work is
performed.
c. All rulings and interpretations of the Davis -Bacon Act and related acts
contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this
contract.
2. Classification:
a. The SHA contracting officer shall require that any class of laborers or mechanics
employed under the contract, which is not listed in the wage determination, shall be
classified in conformance with the wage determination.
b. The contracting officer shall approve an additional classification, wage rate and
fringe benefits only when the following criteria have been met:
1. the work to be performed by the additional classification requested is not
performed by a classification in the wage determination;
2. the additional classification is utilized in the area by the construction
industry;
3. the proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination; and
4. with respect to helpers, when such a classification prevails in the area in
which the work is performed.
If the contractor or subcontractors, as appropriate, the laborers and mechanics (if
known) to be employed in the additional classification or their representatives, and
the contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of the action
taken shall be sent by the contracting officer to the DOL, Administrator of the
Wage and Hour Division, Employment Standards Administration, Washington,
D.C. 20210. The Wage and Hour Administrator, or an authorized representative,
will approve, modify, or disapprove every additional classification action within 30
days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary.
d. In the event the contractor or subcontractors, as appropriate, the laborers or
mechanics to be employed in the additional classification or their representatives,
and the contracting officer do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested
parties and the recommendation of the contracting officer, to the Wage and Hour
Administrator for determination. Said Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise
the contracting officer or will notify the contracting officer within the 30-day period
8
that additional time is necessary.
e. The wage rate (including fringe benefits where appropriate) determined pursuant
to paragraph 2c or 2d of this Section IV shall be paid to all workers performing
work in the additional classification from the first day on which work is performed
in the classification.
3. Payment of Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor or subcontractors, as appropriate, shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an hourly
case equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not make payments to a
trustee or other third person, he/she may consider as a part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, provided, that the Secretary of
Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis -Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers:
a. Apprentices:
Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the DOL,
Employment and Training Administration, Bureau of Apprenticeship and
Training, or with a State apprenticeship agency recognized by the Bureau, or if a
person is employed in his/her first 90 days of probationary employment as an
apprentice in such an apprenticeship program, who is not individually registered
in the program, but who has been certified by the Bureau of Apprenticeship and
Training or a State apprenticeship agency (where appropriate) to be eligible for
probationary employment as an apprentice.
2. The allowable ratio of apprentices to journeyman -level employees on the job site
in any craft classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any
employee listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be paid not less than the applicable
wage rate listed in the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess
of the ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work actually
performed. Where a contractor or subcontractor is performing construction on a
project in a locality other than that in which its program is registered, the ratios
and wage rates (expressed in percentages of the journeyman -level hourly rate)
6
specified in the contractor's or subcontractor's registered program shall be
observed.
3. Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as a
percentage of the journeyman -level hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship program does
not specify fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable classification. If the
Administrator for the Wage and Hour Division determines that a different
practice prevails for the applicable apprentice classification, fringes shall be paid
in accordance with that determination.
4. In the event the Bureau of Apprenticeship and Training, or a State
apprenticeship agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the contractor or subcontractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate for
the comparable work performed by regular employees until an acceptable
program is approved.
b. Trainees:
1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior
approval, evidenced by formal certification by the DOL, Employment and Training
Administration.
2. The ratio of trainees to journeyman -level employees on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
Administration. Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any
trainee performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
3. Every trainee must be paid at not less than the rate specified in the approved
program for his/her level of progress, expressed as a percentage of the journeyman -
level hourly rate specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee program. If the
trainee program does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the Administrator
of the Wage and Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman -level wage rate on the wage
determination which provides for less than full fringe benefits for apprentices, in
which case such trainees shall receive the same fringe benefits as apprentices.
4. In the event the Employment and Training Administration withdraws approval of a
training program, the contractor or subcontractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the work performed until
an acceptable program is approved.
c. Helpers:
Helpers will be permitted to work on a project if the helper
classification is specified and defined on the applicable wage
determination or is approved pursuant to the conformance
procedure set forth in Section iV.2. Any worker listed on a payroll at
a helper wage rate, who is not a helper under a approved definition,
shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training programs which
have been certified by the Secretary of Transportation as promoting EEO in connection with
Federal -aid highway construction programs are not subject to the requirements of paragraph
4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under
such programs will be established by the particular programs. The ratio of apprentices and
trainees to journeymen shall not be greater than permitted by the terms of the particular
program.
6. Withholding:
The SHA shall upon its own action or upon written request of an authorized representative
of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this
contract or any other Federal contract with the same prime contractor, or any other
Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is
held by the same prime contractor, as much of the accrued payments or advances as may
be considered necessary to pay laborers and mechanics, including apprentices, trainees,
and helpers, employed by the contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the work, all or part of the
wages required by the contract, the SHA contracting officer may, after written notice to the
contractor, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations have ceased.
Overtime Requirements:
No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers, mechanics, watchmen, or guards (including
apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or
permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is
employed on such work, to work in excess of 40 hours in such workweek unless such
laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -
and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in
such workweek.
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8. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the
clause set forth in paragraph 7 above, the contractor and any subcontractor responsible
thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory)
for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer, mechanic, watchman, or guard employed in violation of the clause set
forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was
required or permitted to work in excess of the standard work week of 40 hours without
payment of the overtime wages required by the clause set forth in paragraph 7.
9. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of any authorized
representative of the DOL withhold, or cause to be withheld, from any monies payable on
account of work performed by the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contractor, or any other Federally -assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related
subcontracts, except for projects located on roadways classified as local roads or rural collectors,
which are exempt.)
1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the Secretary
of Labor which are herein incorporated by reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be maintained by the contractor and
each subcontractor during the course of the work and preserved for a period of 3
years from the date of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards working at the site of the
work.
b. The payroll records shall contain the name, social security number, and address of
each such employee; his or her correct classification; hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or
cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon
Act); daily and weekly number of hours worked; deductions made; and actual wages
paid. In addition, for Appalachian contracts, the payroll records shall contain a
notation indicating whether the employee does, or does not, normally reside in the
12
labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of
Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any
laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in Section 1(b)(2)(B) of the
Davis Bacon Act, the contractor and each subcontractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, that the plan or program has been
communicated in writing to the laborers or mechanics affected, and show the cost
anticipated or the actual cost incurred in providing benefits. Contractors or
subcontractors employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprentices and trainees, and ratios
and wage rates prescribed in the applicable programs.
C. Each contractor and subcontractor shall furnish, each week in which any contract
work is performed, to the SHA resident engineer a payroll of wages paid each of its
employees (including apprentices, trainees, and helpers, described in Section IV,
paragraphs 4 and 5, and watchmen and guards engaged on work during the
preceding weekly payroll period). The payroll submitted shall set out accurately and
completely all of the information required to be maintained under paragraph 2b of
this Section V. This information may be submitted in any form desired. Optional
Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal stock number 029-005-0014-1), U.S.
Government Printing Office, Washington, D.C. 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
d. Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his/her agent who pays or supervises
the payment of the persons employed under the contract and shall certify the
following:
1. that the payroll for the payroll period contains the information required to be
maintained under paragraph 2b of this Section V and that such information is
correct and complete;
2. that such laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages
earned, other than permissible deductions as set forth in the Regulations, 29
CFR 3;
3. that each laborer or mechanic has been paid not less that the applicable wage
rate and fringe benefits or cash equivalent for the classification of worked
performed, as specified in the applicable wage determination incorporated into
the contract.
e. The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 2d of this Section V.
The falsification of any of the above certifications may subject the contractor to civil
or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records required under paragraph 2b
of this Section V available for inspection, copying, or transcription by authorized
representatives of the SHA, the FHWA, or the DOL, and shall permit such
representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to make them
available, the SHA, the FHWA, the DOL, or all may, after written notice to the
contractor, sponsor, applicant, or owner, take such actions as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. On all Federal -aid contracts on the National Highway System, except those which provide
solely for the installation of protective devices at railroad grade crossings, those which are
constructed on a force account or direct labor basis, highway beautification contracts, and
contracts for which the total final construction cost for roadway and bridge is less than
$1,000,000 (23 CFR 635) the contractor shall:
a. Become familiar with the list of specific materials and supplies contained in Form
FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway
Construction Involving Federal Funds," prior to the commencement of work under
this contract.
b. Maintain a record of the total cost of all materials and supplies purchased for and
incorporated in the work, and also of the quantities of those specific materials and
supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47.
c. furnish, upon the completion of the contract, to the SHA resident engineer on Form
FHWA-47 together with the data required in paragraph 1 b relative to materials and
supplies, a final labor summary of all contract work indicating the total hours worked
and the total amount earned.
2. At the prime contractor's option, either a single report covering all contract work or separate
reports for the contractor and for each subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with its own organization contract work amounting to not less
than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items designated by the State. Specialty
items may be performed by subcontract and the amount of any such specialty items
performed may be deducted from the total original contract price before computing the
amount of work required to be performed by the contractor's own organization (23 CFR 635).
a. "Its own organization" shall be construed to include only workers employed
and paid directly by the prime contractor and equipment owned or rented by
the prime contractor, with or without operators. Such term does not include
employees or equipment of a subcontractor, assignee, or agent of the prime
contractor.
b. "Specialty Items" shall be construed to be limited to work that requires highly
specialized knowledge, abilities, or equipment not ordinarily available in the
type of contracting organizations qualified and expected to bid on the
contract as a whole and in general are to be limited to minor components of
the overall contract.
2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is
computed includes the cost of material and manufactured products which are to be
purchased or produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed
by the firm, has full authority to direct performance of the work in accordance with the
contract requirements, and is in charge of all construction operations (regardless of who
performs the work) and (b) such other of its own organizational resources (supervision,
management, and engineering services) as the SHA contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the
written consent of the SHA contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the contractor of any responsibility for
the fulfillment of the contract. Written consent will be given only after the SHA has assured
that each subcontract is evidenced in writing and that it contains all pertinent provisions and
requirements of the prime contract.
Vttl. SAFETY: ACCIDENT PREVENTION
In the performance of this contract the contractor shall comply with all applicable Federal,
State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor
shall provide all safeguards, safety devices and protective equipment and take any other
needed actions as it determines, or as the SHA contracting officer may determine, to be
reasonably necessary to protect the life and health of employees on the job and the safety of
the public and to protect property in connection with the performance of the work covered by
the contract.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which
the contractor enters into pursuant to this contract, that the contractor and any subcontractor
shall not permit any employee, in performance of the contract, to work in surroundings or
under conditions which are unsanitary, hazardous or dangerous to his/her health or safety,
as determined under construction safety and health standards (29 CFR 1926) promulgated
by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 333).
11M
Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or
authorized representative thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance with the construction safety
and health standards and to carry out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in conformity with approved plans and
specifications and a high degree of reliability on statements and representations made by engineers,
contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons
concerned with the project perform their functions as carefully, thoroughly, and honestly as possible.
Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and
similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635)
in one or more places where it is readily available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY
PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or
whoever, whether a person, association, firm, or corporation, knowingly makes any false statement,
false representation, or false report as to the character, quality, quantity, or cost of the material used
or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof
in connection with the submission of plans, maps, specifications, contracts, or costs of construction
on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, false report or false claim with
respect to the character, quality, quantity, or cost of any work performed or to be performed, or
materials furnished or to be furnished, in connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false representation as to material fact in any
statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act
approved July 9, 1916, (39 Stat. 355), as amended and supplemented
Shall be fined not more that $10, 000 or imprisoned not more than 5 years or both. "
a
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or
more.)
By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder,
Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:
That any facility that is or will be utilized in the performance of this contract, unless such
contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seg., as
amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et sea., as amended by Pub. L. 92-500), Executive Order 11738,
and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract
award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities
pursuant to 40 CFR 15.20.
2. That the firm agrees to comply and remain in compliance with all the requirements of Section
114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt of any communication from the
Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for
the contract is under consideration to be listed on the EPA List of Violating Facilities.
4. That the firm agrees to include or cause to be included the requirements of paragraph 1
through 4 of this Section X in every nonexempt subcontract, and further agrees to take such
action as the government may direct as a means of enforcing such requirements.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
1. Instructions for Certification - Primary Covered Transactions:
(Applicable to all Federal -aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective primary participant is
providing the certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily
result in denial of participation in this covered transaction. The prospective
participant shall submit an explanation of why it cannot provide the certification set
out below. The certification or explanation will be considered in connection with the
department or agency's determination whether to enter into this transaction.
However, failure of the prospective primary participant to furnish a certification or an
explanation shall disqualify such a person from participation in this transaction.
M
C. The certification in this clause is a material representation of fact upon which
reliance was placed when the department or agency determined to enter into this
transaction. If it is later determined that the prospective primary participant
knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency may terminate this
transaction for cause of default.
d. The prospective primary participant shall provide immediate written notice to the
department or agency to whom this proposal is submitted if any time the prospective
primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier
covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the department or agency to which this
proposal is submitted for assistance in obtaining a copy of those regulations.
The prospective primary participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this
transaction.
g. The prospective primary participant further agrees by submitting this proposal that it
will include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by
the department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the nonprocurement portion of the "Lists of Parties Excluded
From Federal Procurement or Nonprocurement Programs" (Nonprocurement List)
which is compiled by the General Services Administration.
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
U.
Except for transactions authorized under paragraph f of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency may terminate this
transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
-Primary Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief, that
it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency;
b. Have not within a 3-year period preceding this proposal been convicted of or had a
civil judgement rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph 1 b of this certification; and
d. Have not within a 3-year period preceding this application/proposal had one or more
public transactions (Federal, State or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this
proposal.
2. Instructions for Certification - Lower Tier Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000
or more - 49 CFR 29)
a. By signing and submitting this proposal, the prospective lower tier is providing the
certification set out below.
b. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later determined
that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the
department, or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous by reason of changed
circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary
covered transaction," "participant," "person," "principal," "proposal," and "voluntarily
excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact
the person to which this proposal is submitted for assistance in obtaining a copy of
those regulations.
e. The prospective lower tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this
transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that
it will include this clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
g. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the Nonprocurement List.
h. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
2
Except for transactions authorized under paragraph a of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower
Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
Il. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed
$100,000 - 49 CFR 20)
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of
his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
21
2. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting his or her bid or proposal that he or she
shall require that the language of this certification be included in all lower tier subcontracts,
which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
NN
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS
(Applicable to Appalachian contracts only.)
1. During the performance of this contract, the contractor undertaking to do work which is, or
reasonably may be, done as on -site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOI- wherein the contract work is
situated, or the subregion, or the Appalachian counties of the State wherein the contract work
is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially
experienced personnel necessary to assure an efficient execution of the contract work.
C. For the obligation of the contractor to offer employment to present or former employees
as the result of a lawful collective bargaining contract, provided that the number of
nonresident persons employed under this subparagraph 1c shall not exceed 20 percent
of the total number of employees employed by the contractor on the contract work,
except as provided in subparagraph 4 below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the
classifications of the laborers, mechanics and other employees required to perform the
contract work, (b) the number of employees required in each classification, (c) the date on
which he estimates such employees will be required, and (d) any other pertinent information
required by the State Employment Service to complete the job order form. The job order may
be placed with the State Employment Service in writing or by telephone. If during the course
of the contract work, the information submitted by the contractor in the original job order is
substantially modified, he shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by
the State Employment Service. The contractor is not required to grant employment to any
job applicants who, in his opinion, are not qualified to perform the classification of work
required.
4. If, within 1 week following the placing of a job order by the contractor with the State
Employment Service, the State Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number requested, the State Employment
Service will forward a certificate to the contractor indicating the unavailability of applicants.
Such certificate shall be made a part of the contractor's permanent project records. Upon
receipt of this certificate, the contractor may employ persons who do not normally reside in
the labor area to fill positions covered by the certificate, notwithstanding the provisions of
subparagraph 1c above.
5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in
every subcontract for work which is, or reasonably may be, done as on -site work.
AMENDMENT
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
(Exclusive of Appalachian Contracts)
Section I, General, is supplemented with the following:
7. Section 902 of the American Recovery and Reinvestment Act (ARRA) of 2009 requires that
each contract awarded using ARRA funds must include a provision that provides the U.S.
Comptroller General and his representatives with the authority to:
"(1) to examine any records of the contractor or any of its subcontractors, or any
State or local agency administering such contract, that directly pertain to, and involve
transactions relating to, the contract or subcontract; and
(2) to interview any officer or employee of the contractor or any of its subcontractors,
or of any State or local government agency administering the contract, regarding
such transactions."
The Contractor shall include the following provision in all contracts, subcontracts, and other
contracts for services for an ARRA funded project:
"Accordingly, the Comptroller General and his representatives shall have the
authority and rights as provided under Section 902 of the ARRA with respect to this
contract, which is funded with funds made available under the ARRA. Section 902
further states that nothing in this section shall be interpreted to limit or restrict in any
way any existing authority of the Comptroller General."
"Section 1515(a) of the ARRA provides authority for any representatives of the
Inspector General to examine any records or interview any employee or officers
working on this contract. The contractor is advised that representatives of the
inspector general have the authority to examine any record and interview any
employee or officer of the contractor, its subcontractors or other firms working on this
contract. Section 1515(b) further provides that nothing in this section shall be
interpreted to limit or restrict in any way any existing authority of an inspector
general."
Under Section II, Paragraph 8b is revised as follows:
The reference to 49 CFR 23 is revised to read 49 CFR 26.
Under Section II, Paragraph 8b is supplemented with the following:
The contractor, sub -recipient or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-
assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other
remedy as the recipient deems appropriate.
Amendment to Form FHWA 1273
Revised March 26, 2009
Under Section II, in accordance with standard specification 1-08.1(1) and applicable RCWs anew
paragraph 8d is added as follows:
The contractor or subcontractor agrees to pay each subcontractor under this prime contract
for satisfactory performance of its contract and/or agreement no later than ten (10) days from
the receipt of each payment the prime contractor receives from WSDOT or its sub -recipients.
The prime contractor agrees further to return retainage payments to each subcontractor
within ten (10) days after the subcontractor's work is satisfactorily completed. Any delay or
postponement of payment from the above referenced time frame may occur only for good
cause following written approval of the WSDOT. This clause covers both DBE and non -DBE
contractors.
Under Section IV, the applicability statement is supplemented with the following:
(Applicable to all ARRA funded construction contracts and related subcontracts regardless of
location, including projects on local roads or rural minor collectors, and Transportation
Enhancement projects outside the highway right-of-way.)
Under Section IV, Paragraph 2b(4) is deleted.
Under Section IV, Paragraph 4, "and helpers" is deleted from the title.
Under Section IV, Paragraph 4a(1), add:
The provisions in this section allowing apprentices to work at less than the predetermined
rate when they are registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, or with the Bureau of
Apprenticeship and Training, does not preclude a requirement for the Contractor to pay
apprentices the full applicable predetermined rate in the event a State Apprenticeship
Agency, recognized by the Bureau, has not approved, or withdraws approval, of an
apprenticeship program.
Under Section IV, Paragraph 4c is deleted.
Under Section IV, Paragraph 6 is revised by deleting "helpers" and "helper'.
Under Section IV, Paragraph 7 is revised by deleting "helpers".
Under Section V, the applicability statement is supplemented with the following:
(Applicable to all ARRA funded construction contracts and related subcontracts regardless of
location, including projects on local roads or rural minor collectors, and Transportation
Enhancement projects outside the highway right-of-way.)
Under Section V, Paragraph 2a is revised by deleting "helpers".
Amendment to Form FHWA 1273
Revised March 26, 2009
2
Under Section V, Paragraph 2b, the first sentence is revised to read:
"The payroll records shall contain the name and an individually identifying number (e.g., the
last four digits of the employees social security number) for each such employee; his or her
correct classification; hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalent thereof the types described in
Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked;
deductions made; and actual wages paid. Payrolls shall not include the full social security
number and home address of covered workers. Contractors and subcontractors shall
maintain the full social security number and home address of each covered worker and shall
provide them to the SHA upon request."
Under Section V, Paragraph 2d(2) is revised by deleting "helper".
Section VI, Records Of Material, Supplies, And Labor, is deleted
Amendment to Form FHWA 1273
Revised March 26, 2009
M
ATTACHMENT C
BUY AMERICA REQUIREMENTS
23
23 CFR Part W5.410 Buy America Requfremems , - ,.
23 CFR Part 635.410 Buy America Requirements.
(a) The provisions of this section shall prevail and be given precedence over any
requirements of this subpart which are contrary to this section. However, nothing in this
section shall be construed to be contrary to the requirements of §635.409(a) of this subpart.
(b) No Federal -aid highway construction project is to be authorized for advertisement or
otherwise authorized to proceed unless at least one of the following requirements is met:
(1) The project either: (i) Includes no permanently incorporated steel or iron materials, or (ii) if
steel or iron materials are to be used, all manufacturing processes, including application of a
coating, for these materials must occur in the United States. Coating includes all processes
which protect or enhance the value of the material to which the coating is applied.
(2) The State has standard contract provisions that require the use of domestic materials and
products, including steel and iron materials, to the same or greater extent as the provisions
set forth in this section.
(3) The State elects to include alternate bid provisions for foreign and domestic steel and iron
materials which comply with the following requirements. Any procedure for obtaining alternate
bids based on furnishing foreign steel and iron materials which is acceptable to the Division
Administrator may be used. The contract provisions must (1) require all bidders to submit a
bid based on furnishing domestic steel and iron materials, and (ii) clearly state that the
contract will be awarded to the bidder who submits the lowest total bid based on furnishing
domestic steel and iron materials unless such total bid exceeds the lowest total bid based on
furnishing foreign steel and iron materials by more than 25 percent.
(4) When steel and iron materials are used in a project, the requirements of this section do
not prevent a minimal use of foreign steel and iron materials, if the cost of such materials
used does not exceed one -tenth of one percent (0.1 percent) of the total contract cost or
$2,600, whichever is greater. For purposes of this paragraph, the cost is that shown to be the
value of the steel and iron products as they are delivered to the project.
(c)(1) A State may request a waiver of the provisions of this section if;
(i) The application of those provisions would be inconsistent with the public interest; or
(ii) Steel and iron materials/products are not produced in the United States in sufficient and
reasonably available quantities which are of a satisfactory quality.
(2) A request for waiver, accompanied by supporting information, must be submitted in writing
to the Regional Federal Highway Administrator (RFHWA) through the FHWA Division
Administrator. A request must be submitted sufficiently in advance of the need for the waiver
in order to allow time for proper review and action on the request. The RFHWA will have
approval authority on the request.
r
23 CFR Part 935.410 Buy America Requirements
(3) Requests for waivers may be made for specific projects, or for certain materials or
products in specific geographic areas, or for combinations of both, depending on the
circumstances.
(4) The denial of the request by the RFHWA may be appealed by the State to the Federal
Highway Administrator (Administrator), whose action on the request shall be considered
administratively final.
(5) A request for a waiver which involves nationwide public interest or availability issues or
more than one FHWA region may be submitted by the RFHWA to the Administrator for
action.
(6) A request for waiver and an appeal from a denial of a request must include facts and
justification to support the granting of the waiver. The FHWA response to a request or appeal
will be in writing and made available to the public upon request. Any request for a nationwide
waiver and FHWA's action on such a request may be published in the Federal Register for
public comment.
(7) In determining whether the waivers described in paragraph (c)(1) of this section will be
granted, the FHWA will consider all appropriate factors including, but not limited to, cost,
administrative burden, and delay that would be imposed if the provision were not waived.
(d) Standard State and Federaf-aid contract procedures may be used to assure compliance
with the requirements of this section.
j48 FR 53104, Nov. 25, 1983, as amended at 49 FR 18821, May 3, 1984; 58 FR 38975, July
21, 19931