City of Melbourne
Procurement Division
900 East Strawbridge Avenue
Melbourne, FL 32901
Request for Proposals
RFP Number: 05-060-0-2016/LT
Issue Date:
May 10, 2016
Closing Date: June 7, 2016 – 3:00 P.M. (EST)
Title of RFP:
DISASTER DEBRIS MANAGEMENT &
MONITORING SERVICES
City of Melbourne - Request for Proposal
RFP-05-060-0-2016/BB - Disaster Debris Monitoring Services
TABLE OF CONTENTS
1.
Introduction
1.01 Purpose and Goal ............................................................................................... 3
1.02 Qualifications....................................................................................................... 3
1.03 Agreement........................................................................................................... 4
1.04 Authority .............................................................................................................. 4
1.05 Competitive Process ........................................................................................... 4
1.06 Proposal Documents ........................................................................................... 4
1.07 RFP Schedule ..................................................................................................... 4
2.
Instruction to Proposers
2.01 RFP Point of Contact .......................................................................................... 5
2.02 Questions ............................................................................................................ 5
2.03
2.04
Verbal Instructions .............................................................................................. 5
Pre-Proposal Conference .................................................................................... 5
2.05
2.06
Insurance ............................................................................................................ 6
Receipt and Opening of Proposals...................................................................... 6
2.07
References .......................................................................................................... 6
3.
Scope of Services ................................................................................................... 6-23
4.
Proposal Evaluation and Selection ..................................................................... 23-24
5.
Proposal Content .................................................................................................. 24-28
6.
Proposal Submission Requirements ....................................................................... 28
7.
Proposal Validity Period ............................................................................................ 28
8.
Economy of Presentation .......................................................................................... 28
9.
Disposition of Proposals ........................................................................................... 29
10.
Award .......................................................................................................................... 29
11.
Confidentiality of Proposals ................................................................................ 29-30
12.
City Reservations....................................................................................................... 30
13.
Performance and Payment Bond.............................................................................. 30
Attachments
Form A:
Form B:
Form C:
Form D:
Exhibit A:
Exhibit B:
Proposer Questionnaire ................................................................... 31
Reference Questionnaire ................................................................. 32
Notice of Parties and Binding Authority ........................................... 34
Pricing Schedule .............................................................................. 35
Standard Terms and Conditions for Services .................................. 36
Federal Requirements .................................................................. 41-61
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SECTION 1. GENERAL INFORMATION FOR OFFERORS
1.01
Purpose and Goal
The City of Melbourne (hereinafter referred to as the “CITY”) is seeking proposals from
qualified firms for disaster debris monitoring management services in accordance with
the terms, conditions, and specifications contained in this Request for Proposal (RFP).
The CITY has issued a separate RFP for “Disaster Debris Removal Services”.
Proposers for this RFP shall not be employed or affiliated with a firm submitting a
proposal for Disaster Debris Removal Services. The CITY will not award a contract in
response to this RFP to the same firm that is awarded a contract for the related RFP for
Disaster Debris Removal Services.
1.02 Qualifications
The proposing firm shall have:
•
•
Ten (10) years of experience in Disaster Debris Monitoring Services
Familiar with debris removal eligibility criteria outlined in FEMA 325 and 327.
Proposers shall have experience in the Federal Highway Administration Emergency
Relief Program (FHWA-ER), the Federal Emergency Management Agency Public
Assistance Program (FEMA-PA) and other applicable federal, state, and local
programs.
Personnel:
a) Data Manager and Ticket Manager: A Data Manager must have two years'
experience working with a relational database management system. The Ticket
Manager must have previous experience supervising electronic load ticket
processing. Data and Ticket Managers will work under the supervision of the Project
Manager.
b) Debris Collection Monitors, Exit Site Monitors, Disposal or Tower Monitors, all must
have a high school diploma or GED and be adequately trained on debris
management operations.
c) Field Supervisor: A Field Supervisor must have a minimum of two years' experience
in disaster debris management.
d) Project Manager. A Project Manager must have a minimum of five years' experience
in disaster debris management and have experience supervising Data and Ticket
Managers, Field Supervisors and equivalent positions. The Project Manager must be
a permanent staff employee of the DMC.
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1.03 Agreement
The successful firm will be required to enter into an agreement which will include the
requirements of this RFP as well as the Standard Terms and Conditions – Services
(Exhibit A). Any exceptions to the standard terms and conditions must be stated in the
proposal. Any submission of a proposal without objection to the standard terms and
conditions indicates understanding and intention to comply with the standard terms and
conditions. If there is a term or condition that the firm intends to negotiate, it must be
stated in the proposal. The successful firm will not be entitled to any changes or
modifications unless they were first stated in the proposal. The CITY reserves the right
to reject any proposal(s) containing exceptions or modifications to the standard terms
and conditions. The CITY may revise the stated standard terms and conditions prior to
execution.
The term of the agreement, if awarded, shall be for an initial 12-month term with the
option to renew for two (2) additional twenty-four (24) month terms.
1.04
Authority
This procurement is being conducted in accordance with all applicable provisions of the
City of Melbourne Code of Ordinances. The specific method of source selection for the
services required in this RFP is Code Section 2-577, Formal Proposals.
1.05
Competitive Process
Any individual or firm that meets the requirements specified in this Request for Proposal
may participate in the competitive process.
1.06
Proposal Documents
This document and subsequent addendums, if any, can be downloaded from the City of
Melbourne website, http://www.melbourneflorida.org/departments/financialservices/procurement under current solicitations.
1.07
RFP Schedule
The following dates represent a tentative schedule of events. The CITY reserves the
right to modify these dates at any time, with appropriate notice to prospective Offerors.
Issue/Advertise Request for Proposal (RFP) ............................................ May 10, 2016
Last Day for Questions ............................................................................. May 27, 2016
Proposal Due by............................................................... 3:00 pm EST, June 7, 2016
Anticipated Award ...................................................................................... July 12, 2016
Solicitation responses, tabulation and award will be made public in accordance with Florida
Statute 119.071 and Florida Statute 286.0113.
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SECTION 2. INSTRUCTIONS TO PROPOSERS
2.01
RFP Point of Contact
The following person has been designated the Point of Contact for this RFP:
Brigitte Bache, Senior Buyer
Procurement Division
City of Melbourne
900 East Strawbridge Avenue
Melbourne, Florida 32901
Telephone: (321) 608-7063
Fax: (321) 608-7070
Email: [email protected]
Respondents to this RFP, or persons acting on their behalf may not contact, between
the release of the RFP and the end of the 72-hour period following the agency posting
the notice of intended award, excluding Saturdays, Sundays, and State holidays, any
employee or officer of the CITY concerning any aspect of this RFP, except in writing to
the authorized CITY Point of Contact identified in this section. Violation of this
provision may be grounds for rejecting a response.
2.02
Questions
Proposer inquiries must be submitted in writing via email (preferred), fax, or delivered
to the individual and address specified in Section 2.01 on or before the time specified
in Section 1.07. “RFP Schedule”. Inquiries must clearly identify the Proposer who is
submitting the inquiry. To the extent the CITY determines, in its sole discretion, to
respond to an inquiry, such response will be made in writing by addendum and posted
to City of Melbourne website at http://www.melbourneflorida.org/departments/financialservices/procurement under current solicitations and on the Procurement Division’s
Public Bulletin located in the Procurement office.
Questions submitted after the Last Day for Questions as specified in Section 1.07, “RFP
Schedule” will not be answered.
2.03
Verbal Instructions
No negotiations, decisions, or actions shall be initiated or executed by the Proposer as
a result of any discussions with any CITY employee. Only those written communications
that are issued from the CITY’S Procurement office shall be considered as duly
authorized expressions on behalf of the CITY.
2.04
Pre-Proposal Conference
Not applicable to this proposal. However, inquiries regarding clarification to this RFP
should be addressed to the Procurement Contact listed in Section 2.01.
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2.05
Insurance
A. Contractor shall submit proof of Commercial General Liability, Commercial Auto
Liability, Professional Liability, and Worker’s Compensation insurance coverage.
B. Proof of Insurance. Contractor shall submit proof of the required insurance to CITY in
the form of a Certificate of Insurance or a copy of their policy Declarations page.
2.06 Receipt and Opening of Proposals
Sealed proposals must be received by the CITY’S Procurement contact in the CITY’S
Procurement office located at 900 E. Strawbridge Avenue, 2nd Floor, Melbourne, Florida
32901, no later than the due date at time stated Section 1.07 “RFP Schedule”. The
date/time stamp machine located in the Procurement Division office shall be the official
time of proposal receipt.
Proposals will be opened in the CITY’S Procurement Office conference room (unless
otherwise specified) located at 900 E. Strawbridge Avenue, 2nd Floor, Melbourne, Florida
32901, on the date and at the time shown in Section 1.07, “RFP Schedule”. All timely
proposals will be opened for the sole purpose of recording the names only of the
Proposers submitting written proposals. Evaluation of proposals will NOT be completed at
opening.
2.07 References
Proposers shall send Form B, Reference Questionnaire to a minimum of three (3)
business references (local, county, or state agencies) listed on Form A, Proposer
Questionnaire. The business reference, in turn, is requested to submit the
Reference Form directly to the City of Melbourne Procurement Division by the date
indicated on the form for inclusion in the evaluation process. The business
reference may be contacted for validation of the response.
SECTION 3. SCOPE OF SERVICES
3.01 Background
The City of Melbourne is located in southern Brevard County, southeast of Orlando on
Florida’s east coast. It sits astride the Indian River Lagoon, with a large portion of the City
located on Florida’s mainland, and a small portion located on a barrier island. The Indian River
Lagoon separates the mainland from the beach side barrier island.
Melbourne is 44.92 square miles or 28,749.21 acres in size (as of December 2014) with about
75% of that land in use. The current population of Melbourne is 77,508 (Source: U.S. Census
Bureau). In addition to providing services to residents and businesses, Melbourne provides
drinking water to a regional area that includes several other municipalities. To accomplish its
mission, the CITY employs approximately 1,000 people.
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3.02 Services Being Sought
The City of Melbourne is seeking to establish a pre-event contract with a qualified firm to
provide disaster debris monitoring management services to ensure that debris removal
operations are efficient, effective, and eligible for FEMA Public Assistance grant funding. The
contract will be dependent upon the number of disasters and doesn't guarantee or invoke an
annual minimum. The awarded disaster debris monitoring management contractor (hereinafter
referred to as DMC) shall advise and support the CITY during a disaster recovery effort and
shall be responsible for coordinating with and overall monitoring of the CITY’S debris removal
contractor(s) (hereinafter referred to as DRC) and recommending efficiencies to improve and
expedite DRC recovery work.
3.03 Outcomes Expected
General:
Monitoring debris removal operations requires comprehensive observation and documentation
of the debris removal work performed from point of collection to final disposal.
In the event of a disaster or emergency, the DMC shall service the CITY first and be on-call to
provide disaster debris monitoring management services necessary to insure the safety and
well-being of all residents and visitors to the CITY. Response will be activated only in the event
of an emergency and in accordance with an awarded contract. Response activation will be
through a Task Order issued by the CITY.
The response of the DMC to the disaster recovery process must be immediate, rapid, and
efficient with acceptable cost controls, accountability procedures, written reports and
submittals to ensure compliance with Florida Department of Environmental Protection (FDEP)
regulations, Florida Department of Transportation (FDOT), Federal Highway Administration
(FHWA), Florida Department of Forestry (DOF), FEMA reporting requirements and any other
federal, state, or local regulation to ensure that the CITY shall have the means to be
reimbursed for all eligible disaster recovery costs from the appropriate federal, state, and
private agencies. The DMC shall monitor the DRC’s progress and suggest and assist with
implementing recommendations to improve efficiency.
Contractor and personnel shall stay current with FEMA and FHWA policies and procedures
and promptly notify the CITY’S CM or designee as changes occur.
Description of Services:
The DMC shall provide disaster debris monitoring management services to support the CITY in
the management of disaster debris removal & recovery resulting from but not limited to
catastrophic events such as tornadoes and hurricanes. When a major disaster occurs or is
imminent, the CITY will contact the DMC to advise them of the intent to activate the contract. Monitoring
Services will generally be limited to monitoring of debris in, upon, or brought to public streets and roads,
right‐of‐ways, municipal properties and facilities, and other public sites. In preparation for an imminent
hurricane strike, and/or other natural disaster, monitoring crews may be asked to stage outside the
strike area. In this case, the DMC should be prepared to respond immediately after tropical sustained
winds have receded to below 40 mph in Brevard County.
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Contractor shall be capable of assembling, directing, and managing a work force that can
complete the debris monitoring operations in a maximum of 120 calendar days. Contractor
shall meet the accelerated debris removal timeframes outlined by FEMA in the Sandy
Recovery Improvement Act whenever possible.
The DMC shall monitor DRC activities to ensure satisfactory performance. Monitoring includes:
verification that all debris picked up is from public property or right-of-way and is a direct result
of the disaster; measurement and inspection of trucks to ensure they are fully loaded; on-site
inspection of pick-up areas, debris traffic routes, temporary storage sites, and disposal areas;
verification that the contractor is working efficiently and in its assigned contract areas;
verification that all debris management sites have access control and security.
These services will include the following activities but are not limited to:
1.
Project Manager Responsibilities:
•
Ensure a sufficient number of trained debris monitors are available to monitor the
"first push", cut and toss debris clearance operations;
• Ensure a sufficient number of trained debris monitors are available to monitor all
"first pass" and subsequent passes of debris removal and hauling activities;
• Provide tower/disposal site monitors to observe and record all debris loads entering
the debris management sites;
• Provide tower/disposal site monitors to observe and record all debris loads exiting
the debris management sites for final disposal;
• Provide data entry and document processing personnel if applicable;
• Conduct safety meetings with field staff as necessary;
• Respond to and document issues regarding complaints, damages, accidents and
incidents involving the DMC or DRC personnel and ensure that they are fully
documented and reported to the City’s CM or designee.
• Coordinate daily briefings with the City and the DRC, daily status reports of work
progress and staffing;
• Ensure the timely acquisition and retention of documentation of environmental
authorizations and or permits for debris management sites and final disposal;
• Review and reconcile debris removal contractor invoices submitted to the City, and,
• Ensure preparation and submission of interim operations and status reports and a
final report, as directed by the City.
2.
Field Monitoring Staff Responsibilities:
DMC shall provide sufficient trained staff in sufficient numbers to adequately monitor all
operations supervised by the Field Managers. Duties of monitors shall include, but are
not limited to, the following:
•
•
•
Accurately measure and certify truck capacities (recertify on a regular basis).
Quality assurance/control of truck certification measurements throughout the life of
the project.
Provide documentation for all eligible debris removal activities from Federal Aid
eligible roadways – first push (cut & toss) and first pass and for second and
subsequent passes on all roadways, as directed by the CITY.
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•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
3.
Properly and accurately complete and physically control load tickets (in tower and
field).
Ensure that trucks are accurately credited for their load.
Ensure that trucks are not artificially loaded (ex: debris is wetted, debris is fluffed—
not compacted).
Validate hazardous trees, including hangers, leaners, and stumps.
Ensure that hazardous wastes are not mixed in loads.
Ensure that all debris is removed from trucks at Debris Management Sites (DMS).
Report if improper equipment is mobilized and used.
Report if contractor personnel safety standards are not followed.
Report if general public safety standards are not followed.
Report if completion schedules are not on target.
Ensure that only debris specified in the contract is collected (and is identified as
eligible or ineligible).
Assure that force account labor and/or DRC work is within the assigned scope of
work.
Monitor site development and restoration of DMS.
Report to supervisor if debris removal work does not comply with all local ordinances
as well as State and Federal regulations (i.e., proper disposal of hazardous wastes).
Record the types of equipment used (Time & Materials contract).
Record the hours equipment was used, including downtime of each piece of
equipment by day (Time & Materials contract).
Disposal Site / Tower Monitors shall observe and record truck quantity estimates of
inbound and outbound debris.
Exit Site Monitors shall observe that all outbound trucks are fully discharged of their
loads prior to exit from DMS.
Ensure that accurate, legible and complete documentation is provided through load
tickets, truck certifications and/or other logs and reports, as required.
Maintain photographic documentation of debris removal trucks and activities,
specifically hazardous stump removal process, hangers, leaners or tree removal
and/or other special or unusual occurrences in the field.
Document and report activities to the CITY which may require remediation such as
fuel spills, hazardous materials collection locations, and other similar environmental
concerns.
Document and report to the CITY damages which occur on public or private property
as a result of DRC operations.
Document and report to the CITY any violations of FDEP debris site conditions.
If FDEP debris site conditions are violated the DMC shall oversee tasks, sufficiently
to satisfy the FDEP, performed by the DRC.
Site selection for debris processing including:
(a) Sand screening
(b) Debris sorting
(c) Grinding and mulching operations
(d) Burning
(e) Citizen drop-offs
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4.
Environmental studies, collection, and mapping.
5.
Data collection/documentation.
6.
Management of designated debris staging and processing sites.
7.
Review and validate DRC invoices prior to submission to City for processing and
payment.
8.
Provide other project management services, including emergency communications.
9.
FEMA compliance monitoring/audit oversight, and reimbursement support, including but
not limited to:
(a) Field monitoring
(b) Truck and trailer certification
(c) Load ticket process development, validation and all accounting services
(d) Filing/reporting of documents for FEMA reimbursement process
10.
Infrastructure damage and repair assessments.
Data Management and Documentation:
The DMC shall ensure all necessary documentation is provided to the CITY as follows:
1.
Ensure all eligible debris removal operations activities are documented and tracked
specific to the FHWA-ER program; the FEMA Public Assistance program or other
applicable federal, state or local agencies.
2.
Documentation of the number of crews and types of equipment utilized, actual hours of
operation and locations of work performed during the time and materials phase of
operations.
3.
Completion of truck certifications, equipment certifications and establishment of a
Quality Assurance and Quality Control (QA/QC) program throughout the life of the
project.
4.
Load tickets documenting the eligible debris removal and/or disposal activities by the
applicable program e.g. FHWA-ER, FEMA PA, other federal, state or local programs,
etc.
5.
Documentation of eligible hazardous stump removal, hangers, leaners or tree removal
which includes photographic records, GPS coordinates street or milepost identifier
and/or other information as available and applicable.
6.
Environmental authorizations and/or permits as applicable.
7.
Daily electronic spreadsheet summaries of cubic yards/tons collected, specified by
governing federal public assistance program. The daily summary shall be
communicated to the CITY CM or designee.
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8.
Production in electronic format (scanned) and paper copies of all documentation for
submittal to federal and/or state agencies.
9.
Provide certified weigh master if requested.
10.
Assist the CITY in creating field maps using GIS or equivalent, as well as track and
present contractor progress in GIS, or equivalent.
11.
Organize, maintain and provide to the CITY electronic copies of cost justification
documentation in a satisfactory manner. All documentation and information related to
the project shall be surrendered to the CITY upon completion of the project.
Reporting:
1.
The DMC shall provide daily status reports, unless otherwise specified, of the debris
removal operations, preparation of interim reports (as directed by the CITY), as well as
a final report of the debris removal operations.
2.
The daily status report shall include at a minimum: the daily cubic yards/tons collected
by material and by program (FHWA-ER first pass, first pass on non-federal aid
roadways, second and subsequent passes on all roadways), cumulative totals in cubic
years/tons by debris type, number of debris removal crews and equipment operating,
number of debris monitors in the field, cubic yards/tons by debris type hauled to final
disposition and location of final disposal, and total cubic yards/tons hauled to recycling
or salvage facilities.
3.
An interim status report may be required at the discretion of the CITY. A final report
covering the history of the operations; the locations of debris management sites;
remediation and debris management site closure activities, including any environmental
reports or authorizations generated; and the locations of final disposal sites and permits,
recycling facilities and salvage facilities used during operations. The report may include
identification of weakness in the operations and recommendations for future debris
activities.
Electronic Debris Monitoring
If DMC utilizes electronic debris monitoring they shall comply with requirements set forth
below:
1.
Equipment Requirements
(a) Data Storage Media – Debris management data will be stored and transferred on
encryption protected removable data storage media. All data media will be provided
by the DMC. Data must include a unique user ID which identifies the user’s role,
limits the user’s ability to collect or validate information, etc. and employs an antitampering mechanism. DMC shall provide media to each person performing a debris
mission role that results in data collection, i.e., drivers, ticket managers, etc.
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(b) Handheld Units (HHU) - DMC will provide weather proof and shock resistant
handheld units (HHU) for recording debris management data in the field. These HHU
devices will be capable of writing data to, and reading data from, the removable data
storage media. HHUs shall have the capability to determine locations by GPS and
the capability to write GPS coordinates to the removable media. The HHUs will
perform two functions: (1) Recording of initial load data information, and (2)
verification of vehicle certification, and recording of debris type and quantity and (3)
All field unites will be operated by stand-alone power sources which will allow the
units to perform uninterrupted for a shift.
•
HHUs capable of recording truck certification data onto driver removable media
are used at the truck certification area. Truck certification records will include
truck measurements, Truck ID, Driver ID and a digital photograph of the truck
and trailers.
•
HHUs capable of recording user ID information, including a unique user ID,
digital photograph and any additional user information required for system
operation.
•
GPS- HHU units shall have integrated GPS capability. GPS readings (accuracy
within 3 meters of the HHU) shall automatically be recorded without any
additional manual effort each time the HHU unit records and retrieves information
related to the debris mission. External GPS units shall have reliable connectivity
to the HHU and be rugged and durable.
(c) Durable Printer – DMC shall provide a durable printer to print load tickets at the
request of the CITY. Once the tower monitor completes the load data entries the
information shall be transmitted to the printer. The printer will print a minimum 2
copies of the ticket. Two copies shall be given to the driver (one copy for the driver
and the other for the DRC). The HHU should have program flexibility to alter the
number of printed tickets. The printed ticket paper and print shall be of a quality that
the print is not affected by harsh weather conditions and does not fade over time,
nor smear or deteriorate due to moisture or UV rays. All field units will be operated
by stand-alone power sources which will allow the units to perform uninterrupted for
a minimum of a shift.
(d) Server(s) – DMC shall provide computer servers for the storage and maintenance of
records. The data contained in the DMC’s database shall be placed on the Internet
for controlled use, and be password protected by the DMC. Upon completion of the
work, the DMC shall surrender the records to the CITY who shall maintain the official
database and records on its government furnished secure server. Access to the
CITY server is limited to “Official Use Only”. The CITY server is provided and
maintained by the CITY.
(e) Back-up equipment – In the event of equipment malfunction, loss or damage, the
DMC shall assure a sufficient supply of replacement equipment and personnel are
available such that production is not affected. The back-up equipment shall be
readily available on-site for rapid distribution.
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(f) GIS – GIS mapping shall be provided by the DMC from the most current source(s)
available. This information shall be used as a base map to visually illustrate work
zones, ticket and tower personnel locations and activities, work progress, historically
and/or environmentally sensitive areas, geospatial data and other mission
informational needs from the data gathered by the HHUs.
(g) Internet Accessible database – DMC will establish a web based database which is
updated daily if not real-time. The data shall be accessible, by permission only, to
subcontractors, local and state officials and others on a “need to know” basis.
Database access will be role-based and no direct access to the data tables shall be
allowed, unless approved by the CITY.
2.
General Statement of Electronic Debris Monitoring system Parameters
(a) The system must utilize an encryption protected removable data storage device. The
data storage device will store data collected in the field, such as fields from
traditional debris paper load tickets as well as truck certification information. The
device must be capable of depicting images and other identifying data.
(b) The system must have a database capable of storing all data collected in the field.
The DMC shall provide the CITY a copy of the database with a matching structure at
the completion of the work unless otherwise specified.
(c) The system must include the capability to share database records with contractors,
sub-contractors, the CITY, and others via the internet. Data contained in the system
must be password protected, implement role-based access controls and must have
viewing, printing and editing capabilities. Each contractor, subcontractor and
customer must have permissions that allow only them to review and print information
specific to their need. The system shall also have the capability to generate reports
on all aspects of the debris mission.
(d) DMC shall use the HHU to initiate the load data by entering the debris type into the
HHU. The driver’s media card will either be swiped or inserted into the HHU and the
HHU will write the debris type, pick-up GPS location, address of pick-up if
applicable, time, date, truck certification and driver information, and the ticket
manager’s unique ID Code onto the removable media. Once the data is written to
the media, the Ticket Manager will return the media to the driver. By this action, the
DMC verifies the debris meets FEMA and FHWA eligibility requirements,
(e) HHUs are used at the debris verification area of disposal site(s) by DMS/Tower
Monitor(s). The vehicle driver presents the removable media, which was previously
initiated by the field monitor, to the DMS/Tower Monitor(s) located in the disposal
site tower(s). DMS/Tower Monitor(s) verify the debris classification is appropriate
(vegetative, C&D, mixed, etc., and manually revises, if needed), verifies vehicle(s)
and driver information is correct, estimates and enters the load quantity into the
HHU. The HHU will automatically extract the information recorded earlier on the
smart card and add the information to the tower manager’s HHU including the date,
time debris arrives, site ID, GPS readings, load quantity and DMS/Tower Monitor(s)
unique ID Code.
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(f) All information regarding each debris load will be stored in the HHUs internal
memory or on a separate, encryption protected removable media device. The debris
load information will be uploaded to the system CITY and DMC databases. Once
this information is recorded, the DMS/Tower Monitor(s) HHU will clear the removable
media’s debris data for the driver to re-use.
(g) The media will retain a running total of the quantity and type of debris hauled by a
particular vehicle. All debris load information within the DMS/Tower Monitor(s) HHU
will be retained until upload to the database has been accomplished and confirmed
by authorized personnel. Direct access to data on the HHU will be restricted to
personnel specifically authorized to do so by the CITY.
3.
Functional Specifications and System Architecture
(a) Ticket/Tower Monitors – Personnel Registration, Administration and Management:
The system shall have the capability to manage user roles. The majority of the
system users will be either Ticket or DMS/Tower Monitor(s). At a minimum, the
system must have the following capabilities:
•
•
•
•
•
•
•
•
•
A means to create encryption protected electronic media with unique User ID,
digital photograph, user roles and other identifying data
Electronic registration of ticket/tower monitor
Link designated ticket/tower personnel roles to a specific mission
The ability to edit ticket/tower personnel roles i.e., create, update and delete
Store ticket/tower personnel contact information relative to the mission
Track and Manage ticket/tower personnel role and status
Assign and track equipment assigned to the user
Reject invalid ticket/tower personnel credentials
Reject invalid certification credentials
(b) Truck Certification: The system shall have the capability to record truck and trailer
certification data. Truck certification is used to register authorized debris hauling
vehicles and equipment. At a minimum, the following must be included:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
A means of electronically registering authorized vehicles and equipment
Link electronic registration to digital images
Generate unique ID’s for authorized vehicles and equipment
Utilize uniform measurements e.g. feet and inches
Capture vehicle volume
Utilize industry standard equations for all volume calculations
Capture drivers and certification team member unique identification number
A means to create encryption protected electronic driver removable media with
unique truck ID, digital photograph, truck and /or trailer measurements, vehicle
volume, and other identifying data
Ability to depict image and other identifying data
Ability to contain counter area for total cubic yards hauled
Provide anti-tampering mechanism
Capability to recertify vehicles
Recertified vehicles must be recorded in an audit table
Certification data must be associated to authorized system user
Reject media which are not associated with current event and applicant
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• Capture vehicle audit records
• Create a printed certification record
• Administrative reporting capabilities
(c) Right-of-Way (ROW) Debris Management: ROW transactional data must be
captured, stored, validated, audited, reported and transmitted to mission managers,
haulers and applicants. At a minimum, the application must exhibit the following
characteristics:
•
•
•
•
•
•
•
•
•
•
•
•
Allow creation of point of origin load data on encryption protected driver media
when position is known and credentials have been authenticated
Capture date and time and other relevant point of origin data
Validate media is present in system and configured to receive data
Designate debris type
Designate debris location as Federal Aid or Non-Federal Aid
Designate first pass and subsequent passes
Write point of origin load data using encrypted storage algorithms
Associate ticket/tower personnel credentials with point of origin load data
Acknowledge successful card write via display status message
Provide user configurable time option for GPS audit
Detect current location using GPS and store data to secure memory location
Provide capability to add digital image if debris is other than vegetative or C&D
(d) DMS Management: Completed ROW, and per-unit point of origin transactions must
be received at the approved disposal site. Transactions are not considered complete
until they are processed thru the receiving applications. At a minimum, the system
must provide the capability to:
• Accept site configuration data at the beginning of each work day
• Dynamically configure receiving application based on site configuration data
• Display certification data and photo from driver smart card so that ticket/tower
personnel can perform a field audit of truck/trailer to assure data matches
certification and placard number
• Accept loads where:
- Mission and applicant are valid
- Media authentication data is valid and unaltered
- Media contains valid load data
• Designate debris type
• Record debris volume (based on unit of measure)
• Receive volume or per unit loads
• Identify original load data
• Identify duplicate load data
• Configure number of hard copies
• Create load data record in internal storage
• Create backup copy of internal storage
• Prepare driver media for next load
• Increment driver smart card based on total CY counter value
• Continuously calculate and present real-time disposal site statistics
• Re-print load ticket data
• Interface with durable outdoor printer
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•
•
Preserve in its original state, and then transmit daily transaction data
Associate ticket/tower personnel credentials with each received load
(e) Field Administrative Functions: The system must have the capability to perform
administrative duties in the field. Requirements include the capability to edit user
roles, verify vehicle audit information, display real-time collection volumes, and
review ticket/tower personnel GPS audit logs. At a minimum, the system must
provide the capability to:
•
•
•
•
•
•
Change ticket/tower personnel identification badge roles and responsibilities
Review media total CY counter value
Audit vehicle certification data
Validate/Invalidate smart cards
Reinitiate security sequence for ticket/tower personnel or media
In tabular format, display the results of ticket/tower GPS audit files by limiting
access to the internet data or by the CITY secure server
(f) Data Consolidation and Analysis/Reports Generation: Transactional data must be
summarized, validated, presented and audited to provide an overall status of
mission performance. The system must facilitate billing, error reporting, performance
tracking and graphical data preparation. At a minimum the Data Consolidation/Data
Storage and Data Analysis/Reports tools must provide the capability to:
•
•
•
•
•
Accept transactional data sets from multiple debris location systems
Recognize multiple mission/applicant configurations
Grant access to authorized authenticated users or processes
Contain a master record of:
- Roles and responsibilities
- Ticket/tower personnel credentials and other data
- Certification credentials and other data
- Mission data
- Applicant data
- Geospatial data
o Street centerlines
o CITY outlines
o Population and demographic
o Elevation
o Wetlands delineation
o Historic and Environmentally Sensitive areas
o Debris work zones
o Parcel data
o Land use
o FEMA flood zones
Graphically depict:
- Load locations by contractor
- Load locations by subcontractor
- Load locations by driver
- Load locations by ticket/tower personnel
- Load locations by date range
- Load locations by zone
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•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
- Load locations by municipality
- Load locations by applicant
- Load locations by mission
- Load locations by debris type
- Load locations by disposal site
- Load locations by Federal, state and private roads
- Load locations by land use
- Load locations by disposal site
Thematic mapping techniques to distinguish different data by color and/or symbol
Identify data attributes for a single point of data
Select one or many points of data
Calculate operational efficiency statistics such as:
- Trip turnaround time
- Trip distance to disposal site (straight line projection sorted by 0 -15 miles, 16 –
30 miles, 31 – 60 miles and greater than 61 miles)
- Average container fill percentage
- Average DMS/Tower monitor load call
- Load call trend data e.g., by tower managers, contractor, sub-contractor, driver,
etc.
Dynamically configure user interface in response to point data selection to limit
user authorities
Multiple data selections generate tabular data reports
Filter mechanisms to highlight geospatial data
Control data access using role based security
User interface and access to underlying system data must dynamically
configured at run time through the presentation of appropriate user credentials
Manage data ownership
Provide access based on security role model
Identify and distribute “owned” transactional datasets to limit internet access to
the website data to view only “viewers” data
Prevent distributed data from being reprocessed for billing purposes
Identify billing data sets based on parameters such as:
- Time/Date
- Contractor/Subcontractor
- Debris type
- Debris disposal method (haul-in, reduction, open burn, incineration, haul-out,
leave in place, etc.)
- Haul distance
Route billing data sets via defined and customizable workflow rules
Approved billing data sets
Communicate general event status e.g.:
- Total CY hauled (by debris type)
- Total CY by disposal site
- Total CY by contractor/subcontractor
- Total CY by work zone/sector
- Total CY by municipality
- Total CY by Federal, state and private roads
- Total CY by certified vehicle
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•
•
•
- Number of vehicles utilized
- Number of ticket/tower personnel resources assigned
Manage user roles, responsibilities and passwords
Prevent modification to original data by unauthorized or unauthenticated users
Insert audit records into audit tables for all insertions, modifications, and
deletions to original data
(g) Field Architecture – The field based system must be characterized by the following
general statements of direction with respect to construction, operability,
supportability and security. At a minimum, the system must:
•
•
•
•
•
•
•
•
•
•
Require user authentication credentials
Display current version at application start-up
Synchronize with Greenwich Mean Time (GMT) for all date/time fields
System must utilize location specific configuration data to initiate a warm start
sequence for global positioning system
System must remain in a ready state by default
Acknowledge successful card write via display status message
Create identification structures which utilize encryption technologies
Employ anti-tamper and anti-tearing methods and technologies
Where applicable, utilize 3 DES data encryption technologies to protect data
Perform validation and checksum (a running production total of cubic yards or
appropriate payment capacity) stored on each debris vehicle’s removable media)
(h) Back-office Architecture – At a minimum, the back-office applications must be
characterized by the following general statements of direction with respect to
construction, operability, supportability and security:
•
•
•
•
•
•
•
•
Utilize relational database technology
Employ geospatial analysis tools for data visualization
Enable audit ability for:
- Data insertion
- Data modification
- Data deletion
Prevent field and row level data deletion
All access to data must be controlled
Store certification and other identification data using encrypted relational
technology
Reside in a secure internet environment
Preserve base transactional data in its original state prior to processing or
consolidation with other data
(i) Initial Startup Procedure For Debris Removal – Debris missions are critical to
emergency response and the DMC should be adequately prepared to respond.
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Meetings/Communications:
1.
Conduct daily meetings with the CITY and the DRC.
2.
Conduct field meetings as needed.
3.
Provide phone consultations and reference information to CITY staff upon request
Permits:
DMC shall:
1.
Assist the CITY with any permit applications and coordination with environmental
agencies, clarifying and resolving any compliance issues;
2.
Assist the CITY with any pre or post-sampling of soil and groundwater, and,
3.
Monitor compliance by the DRCs to any permit requirements.
Community Relations Support Services:
In addition, the DMC will be required to provide comprehensive community relations support
during all phases of the disaster debris recovery including but not limited to:
1.
2.
3.
4.
5.
6.
Providing the CITY with comprehensive progress reports
Damage complaint investigations and resulting resolution reports
Media relations
Preparing any necessary audio/visual products, including fact sheets
Establishing telephone call centers
Participating in public meetings
Other Related Services:
1.
Perform damage assessments to determine areas impacted, and quantities and types
of debris.
2.
Training of selected CITY staff in essential debris management, monitoring, and
collection functions to ensure appropriate interface with contractors, county, state, and
federal agencies as directed by the CITY’s CM or designee.
Additional Services - Services not specifically identified in any written agreement
derived from this request may be added to the agreement upon mutual written consent
of the contracting parties without further competition.
3.
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Annual Services:
DMC shall provide the following annual services at no additional cost to the CITY:
1.
Attend one (1) meeting annually for pre-event planning.
2.
Prepare and present at the annual meeting, a written plan of operations to the CITY,
including a clear description of the percentage of work DMC may subcontract out and a
list of subcontractors.
3.
Review and visit with CITY staff, the DMS location(s) to be used (as applicable).
Monitoring Locations:
Anticipated locations to be monitored:
1.
2.
Public rights-of-way within the City of Melbourne
Debris Management Site(s)
Potential DMS sites:
a) Doug Connor, Inc. Washington Drive, Melbourne, FL
GPS coordinates: Lat 28:10:16/73 / Long 80:42:30.18
b) Carlyle Platt Partnership, LLP
GPS coordinates: Lat 28:4:25.05 / Long 80:43:54.7
c) Melbourne International Airport
GPS coordinates: Lat 28:7:1.96 / Long 80:38:13.51
Invoicing/Payment:
1.
DMC shall submit invoices on a monthly basis to the CITY.
2.
DMC shall ensure all contract quantities for both DRC and DMC are documented and
recorded according to current federal requirements, including but not limited to FHWAER actual costs incurred (cradle to grave) for work conducted on First Push and First
Pass Federal Aid roadways, including time at disposal sites estimating loads on
incoming and outgoing debris loads.
3.
For Non-Federal Aid eligible roadways FEMA PA program actual costs incurred (cradle
to grave) for work conducted on non-Federal Aid eligible roadways First Push, First
Pass, and second and subsequent passes. DMC invoices shall delineate between
hours spent on FHWA vs. FEMA reimbursed tasks.
4.
Maintain a database of all contract quantities and perform DRC invoice verification for
the CITY and resolving any discrepancies that may exist. .
5.
All invoices shall be submitted in an acceptable format to the CITY in an electronic and
hard copy format with daily reports as supporting documentation. The invoices shall be
submitted in accordance with federal, state, and local rules, regulations, and laws.
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6.
Payment Schedule - Invoices will be processed for payment only after approval by the
CITY’s CM or designee. Approval for payment shall not be granted until appropriate
deliverables are received and determined to be correct, accurate and consistent by the
CITY’s CM or designee
7.
All labor rates are to be fully burdened to include all taxes, benefits, handling charges,
equipment, mileage, rentals, per diem, housing, reproduction, clerical/administrative
tasks, record keeping tasks, reporting tasks, quality control, overhead, profits and any
other expenses necessary to the execution of a contract to be developed as a result of
this RFP.
8.
No administrative, reporting and/or clerical expenses will be paid. Administrative,
reporting and/or clerical expenses are to be burdened to labor rates for the Project
Manager, Supervising Monitors, Loading Site Monitors, Debris Management Site
Monitors, Roving Debris Monitors. Billable time shall be limited to hours when debrishauling trucks are in operation. The CITY’s CM or designee shall determine the hours of
truck operation and shall specify a starting time for truck operation. The ending time of
truck operation shall be determined by the truck load tickets.
9.
All load tickets, forms, reports and other deliverables shall be accurately and correctly
submitted in the initial instance of submittal. The DMC shall not bill and shall not be paid
for time spent by any personnel to correct a load ticket, form, report, or other
deliverable.
10.
No overtime rates will be paid.
11.
Final invoice shall be submitted to the CITY no later than thirty (30) calendar days
following final acceptance of the individual task requested by the CITY.
12.
Payment of expenses considered incidental to the execution of the contract are at the
sole discretion of the CITY. Examples of such expenses include but are not limited to
the following: radio and/or television advertising, mass mailings, hanging of
doorknockers, and roadside signs. Typically, those expenses related to public
information on a citywide basis would be considered incidental. Furthermore, a test the
CITY will use in determining if an expense is considered incidental is how easily the
expenses could have been foreseen by the CITY or DMC. The more difficult to predict
the expense(s), the more likely the expense will be considered incidental to the contract
and paid separately from the contract. The CITY reserves the right to be the sole judge
in determining if an expense is considered incidental to the execution of this contract.
FEMA SUPERCIRCULAR 2CRF Chapter II, Part 200 et al:
Compliance with FEMA SuperCircular “2CFR Chapter 2, Part 200 et al.” is required. Links to
the FEMA Super Circular are listed below:
http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl
https://www.gpo.gov/fdsys/pkg/FR-2013-12-26/pdf/2013-30465.pdf
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Definitions:
1.
City Contract Manager (CM): The City’s Debris Contract Manager is the Director of
Public Works & Utilities Administration.
2.
Data Manager: Manager of data collected from monitoring operations and employed by
the DMC.
3.
Debris Removal Contractor (DRC): Contractor(s) under contract with the City to remove
storm deposited debris according to state and federal guidelines.
4.
Debris Management Site (DMS): A Florida Department of Environmental Protection
authorized site where debris is stored, reduced, burned, grinded, or sorted. Debris
resides at the site for a relatively short period prior to final disposal.
5.
Disposal Site/Tower Monitor: Employee of DMC assigned to the debris management
site to monitor DRC performance. Duties include, but are not limited to, ensuring the
debris is eligible, to quantify and accurately document debris loads consistent with
FEMA and FHWA guidelines.
6.
Debris Monitoring Contractor (DMC): Debris monitoring contractor, including
employees, partners, principals, agents and assignees who are a party to the
agreement for the purposes of providing services.
7.
Eligible Debris: As determined by FEMA Section #325 Debris Management Guide
means debris resulting from a Presidentially declared disaster whose removal, as
determined by the City Manager or his designee, is in the public interest because it is
necessary to (1) eliminate immediate threats to life, public health and safety; (2)
eliminate immediate threats of significant damage to improved public or private
property; or (3) ensure economic recovery of the affected community to the benefit of
the community at large.
8.
FDEP: Florida Department of Environmental Protection.
9.
FDOT: Florida Department of Transportation.
10.
FEMA (Federal Emergency Management Agency): A funding source to the City through
the State of Florida, for activities during an event declared a disaster by the President of
The United States.
11.
Field Supervisor: Employee of the DMC who oversees field monitor crews.
12.
Field Monitor: Employee of the DMC who oversees the DRC’s debris removal activities
and issues load tickets.
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13.
FHWA (Federal Highway Administration): The FHWA, through the Emergency Relief
Program administered by the Florida Department of Transportation, is a federal funding
source for work on Federal-Aid (“on-system”) roadways and facilities.
14.
Project Manager (PM): Employee of the DMC who functions as the primary point of
contact for the City and is responsible for the overall project management and
coordination of the debris monitoring services.
SECTION 4. PROPOSAL EVALUATION AND SELECTION CRITERIA
4.01
Proposal Evaluation
The City of Melbourne will review all qualified responses to this RFP and select the
proposal that is determined to be in the best public interest in accordance with the intent
of this RFP. All proposals will first be screened for adherence to the requirements of this
RFP. The CITY will not consider non-responsive proposals. A non-responsive proposal
is a proposal that was not timely submitted or fails to meet the material terms and
conditions of this RFP as determined by the CITY.
The CITY reserves the right to waive any informality in any proposal and to accept any
proposal which it considers to be in the best public interest, and to reject any or all
proposals. The decision of the CITY shall be final.
4.02
Selection Criteria
The Proposals received in response to this RFP will be evaluated and ranked, by
the Proposal Evaluation Committee in accordance with the process and
evaluation criteria contained below. Responses will be evaluated in light of the
material and substantiating evidence presented in the response, and not on
the basis of what is inferred. After thoroughly reading and reviewing this RFP,
each Evaluation committee member shall conduct his or her independent
evaluation of the proposals received and grade the responses on their merit in
accordance with the evaluation criteria set forth in the following table. Point
assignments for each evaluation criterion will be at the discretion of each
Evaluation Committee member. Tota l Point assignments from each Committee
member will be added together for a total overall score. This total score for each
Proposer will determine the order of the Proposer’s ranking.
Max
Points
SELECTION CRITERIA
A
B
C
D
E
Qualifications/Experience
Resources and Availability
Project Approach & Management
FEMA Reporting & Reimbursement
Compensation
Total
20
20
15
20
25
100
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If presentations are requested, for evaluation purposes, presentation points assigned
will stand alone. The maximum presentation points a Proposer can receive is 5
points. The Proposers selected for interviews under this section will be notified in
writing of the date and time for presentation, The Proposers’ presentations shall be
based solely upon information provided in each Proposer’s original proposal. No
new information may be presented.
SECTION 5. PROPOSAL CONTENT
Proposals submitted in response to this RFP should follow the format described below.
You are asked to respond fully and accurately to all questions/requests.
Proposals should be organized, tabbed by letters below and shall respond to each of the
Criterion listed below in the same order listed. ORIGINAL PROPOSAL SHALL BE
EASILY REPRODUCIBLE. DO NOT BIND OR STAPLE ORIGINAL. ALL PROPOSAL
COPIES SHALL BE SUBMITTED IN BINDERS.
The failure of any Proposer to provide detailed information regarding proposal content
may result in the reduction of points in the evaluation process. Provide clear, detailed
responses to each criterion below:
A.
Qualifications/Experience
Describe your firm’s qualifications and experience for providing the City of
Melbourne the requested services. Include in your response:
1. General information about your firm including the location of the principal office
and/or significant branch offices, which office would be directly responsible for
the contract, if awarded, number of years providing these services, and number
of staff your firm employs.
2. Identify the Project Manager and list of other key personnel to be used in a
resulting agreement, which shall include names and resumes. All such
positions and their purpose or role in the monitoring operations shall be
identified.
3. Organizational Structure and Chain of Command Chart
4. Provide demonstrated knowledge, experience, and expertise in all
requirements and regulations established by the Federal Emergency
Management Agency (FEMA) and reimbursement rules and procedures,
Federal Highway Administration (FHWA), Florida Department of Transportation
(FDOT), Natural Resources Conservation Service (NRCS), U.S. Army Corp of
Engineers (USACE), Federal Aid Construction requirements, and any other
governmental agency with jurisdiction over the scope of services described in
this RFP.
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5. Past Performance – Provide list of firm’s disaster debris monitoring projects
completed within the past 10 years (include all projects within the State of
Florida) that are the same or larger to the magnitude for this RFP, including the
public agency, their contact information, FEMA contacts, name of the project,
and dollar value.
6. Documentation of past safety performance. Include company’s safety log
summaries to the OSHA and those of proposed subcontractors for 2013, 2014,
and 2015 calendar years.
7. Describe the types of problems your firm has encountered on similar projects,
and explain what your firm did to resolve the problems and what steps were
taken to avoid such problems on future projects.
8. State your firm’s bonding capacity. Attach letter from your firm’s bonding
company stating its rating and the maximum amount in which your firm can be
bonded.
9. List of all closed, active, and pending FEMA disputes, audits, or lawsuits, and
the judgment or outcome of each, involving the corporation, partnership or
individuals with more than ten percent (10%) interest that are related to the
services to be provided under this RFP.
10. List and provide an explanation of all unrecovered FEMA reimbursements that
occurred on Disaster Debris Monitoring projects for which the Proposer served
as the primary contractor during the last five (5) years.
11. Provide a list of any contracts that have been terminated unfavorably or that
have been unsuccessful within the past five (5) years. Explain the reason for
termination and include contact names, titles and phone numbers/email
addresses.
12. Provide a statement of any litigation or regulatory action that has been filed
against your firm(s) in the last three (3) years. If an action has been filed, state
and describe the litigation or regulatory action filed, and identify the court or
agency before which the action was instituted, the applicable case or
file number, and the status or disposition for such reported action. If no
litigation or regulatory action has been filed against your firm(s), provide a
statement to that effect.
B.
Resources & Availability
This section shall clearly define the availability of the Proposer’s managers and key
personnel, as well as demonstrate the Proposer’s financial capability. At a
minimum, the Proposer shall provide the following:
1. Provide all proposed staffing (administrative and field). Include personnel by
title and quantities generally provided per each DMS, in the field, etc. The
Proposer must provide reasonable assurance that the identified personnel will
be available to work on future projects.
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2. Subcontractors – provide list of subcontractors and the percentage of work to
be performed by each one. Indicate participation by local subcontractors.
3. Equipment – provide details of firm’s fleet, inventory of equipment and supplies
that will be available following a disaster event. Include location of
warehouse(s) used to store firm’s equipment and supplies. The CITY expects
that the supporting equipment will be sufficiently maintained so as to be
available to operate in a safe and reliable manner.
4. Provide an estimate of the current workload and future commitments to other
emergency response contracts both in man-hours per years and a percentage
of total workload for all key project personnel.
5. Current Contracts – Provide list of all of the firm’s contractual obligations within
Florida for similar disaster debris monitoring services. Include name of public
agency, their contact information, FEMA contacts (if available). Describe firm’s
ability to manage activation of multiple contracts. Provide reasonable
assurance that such contracts will not interfere with or preclude the awarded
firm from responding to the CITY with firm’s full force of manpower and
equipment.
6. Provide Proposer’s balance sheet and statement of profit and loss for the
preceding two (2) calendar or fiscal years, certified by either an appropriate
corporate officer or an independent Certified Public Accountant and the latest D
& B report.
C.
Project Approach & Management
The information presented shall be in enough detail to enable the CITY to
ascertain the Proposer understands the effort to be accomplished and should
essentially outline the steps in the total services proposed.
1. Provide your firm’s procedures for disaster debris monitoring including but not
limited to:
•
•
•
•
•
•
•
•
•
Mobilizing procedures (including subcontractors). Provide breakdown of
time required to perform each associated task.
DMS monitoring procedures, including, truck capacity monitoring, truck load
verification, ineligible debris, C & D debris, hazardous waste, HHW, ewaste, white goods, wet debris, soil/mud/sand, vehicles/vessels, putrescent
debris, infectious waste, chemical/biological/radiological/nuclear
contaminated debris, site safety plan
Tracking source location, debris type, and documentation to CITY and
FEMA.
Managing subcontractors and field staff
Specialized debris removal services
Employee Training Program
Health and Safety program
Data management
Incident Reporting
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•
•
•
•
•
•
•
•
•
•
•
•
Quality Control program
Vehicle certification procedures
Complying with requirements of FEMA, FHWA, FDOT, NRCS, USACE,
Federal Aid Construction and any other governmental agency with
jurisdiction
Load tickets and associated reporting processes
Documenting, tracking, and resolving issues or damages
Documenting, tracking and resolving complaints
Reporting (daily progress reports, etc.)
DRC invoice reconciliation and data management
Communications during a disaster event recovery
Demobilization
Audit support
Electronic debris monitoring system details (if proposed)
2. Provide additional pertinent information as needed.
3. Describe materials and assistance needed from the CITY.
D.
FEMA / Other Government Agencies with Jurisdiction - Reporting and
Reimbursement
Describe firm’s reporting and reimbursement management program.
E.
Compensation
Provide compensation schedule on Attachment D. The hourly rates shall be fully
burdened to include all costs, all applicable overhead and profit (including lodging,
meals, and transportation).
D.
Insurance
Provide a copy of current insurance certificates or policy declarations’ page. The
CITY will require the firm with which a contract is established, prior to
commencement of work, to provide evidence of appropriate general liability, auto
liability, professional liability (errors and omissions), and workers compensation
insurance coverage via a certificate of insurance or copy of policy declaration
pages. Describe how you would provide same and in what coverage amounts.
E.
Conflict of Interest
Please list any political contributions of money, in-kind services, or loans made to
any member of a city council within the last three years by the firm and any of its
agents or employees assigned to this project.
F.
References
Provide three professional references from projects as similar as possible to the
proposed project. Include with each, the name, address, email address and work
telephone number of the reference as well as a brief description of the nature of
the professional association.
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G.
Exceptions
Provide all exceptions to RFP terms and condition (cite specific RFP sections
applicable to each exception). These exceptions shall be considered to be
negotiable items and any final agreements will be in addition to the CITY’S
Standard Terms and Conditions included in this RFP as EXHIBIT A, as well as any
future terms and conditions incorporated via Addendum to this RFP.
SECTION 6. PROPOSAL SUBMISSION REQUIREMENTS
Please submit one sealed original and four (4) sealed copies of your proposal accompanied by
a transmittal letter signed by an authorized principal of the firm. Only the original submittal needs
to contain original signatures. The copies should be on 8 1/2“x 11”, with a font size no smaller
than 10.
Sealed Proposals should be marked “RFP 05-060-0-2016/BB – “Disaster Debris
Management and Monitoring Services” and should plainly identify the Proposing
Company’s Name. Proposals must be received no later than the Proposal Due Date and
Time specified in Section 1.06 of this RFP and may be delivered by U.S. Mail, parcel delivery,
or by hand to the address below.
City of Melbourne
Procurement Division
2nd Floor, City Hall
900 East Strawbridge Avenue
Melbourne, FL 32901
Proposals or amendments to proposals that arrive after the due date and time will not be
accepted or considered for any reason whatsoever. Telephone, including facsimile and
electronic mail proposals shall not be accepted at any time.
If the Proposer elects to mail in its proposal package, the Proposer must allow sufficient time to
ensure the CITY’S proper receipt of the Proposal package by the time specified above.
Regardless of the delivery method, it is the responsibility of the Proposer to ensure that the
Proposal package arrives at the CITY’S Procurement Office by the proposal due date and
time. Proposals will be accepted up to, and no proposals may be withdrawn after, the deadline
for proposal due date and time.
SECTION 7. PROPOSAL VALIDITY PERIOD
Any submitted proposal, shall in its entirety, remain a valid proposal for one hundred twenty
(120) days after the proposal submission date. Any proposal on which the Proposer shortens
the time for acceptance may be rejected.
SECTION 8. ECONOMY OF PRESENTATION
The CITY is not liable for any costs incurred by responding to this RFP
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SECTION 9. DISPOSITION OF PROPOSALS
All proposals become the property of the CITY, and the CITY shall have the right to use all
ideas, and/or adaptations of those ideas, contained in any proposal received in response to
this RFP. Any parts of the proposal or any other material(s) submitted to the CITY with the
proposal that are copyrighted or expressly marked as “confidential”, “proprietary”, or “trade
secret”, will be exempted from the “open records disclosure requirements” of Chapter 119,
Florida Statutes, but only to the extent expressly authorized by Florida law. The CITY’S
selection or rejection of a proposal will not affect this exemption.
SECTION 10. AWARD
It is the intention of the CITY to select the best-submitted proposal without further submittals or
presentations. If this cannot be done, the CITY will select those proposals that appear most
suitable under the selection criteria, and from that group will request additional information or
presentations so that the best proposal can be selected.
The CITY will negotiate the terms of the final agreement with the Offeror determined to have
submitted the best proposal under the selection criteria. Award of an agreement to that Offeror
is dependent on successful negotiations of the final terms of the agreement If negotiations fail,
the CITY may negotiate with other Offerors for award of the agreement or terminate this
solicitation without liability to any person.
SECTION 11. CONFIDENTIALITY OF PROPOSALS
All proposals submitted to the CITY are subject to public disclosure pursuant to Chapter 119,
Florida Statutes, except as described in Section 119.071. All Proposers should be aware that
the RFP and the proposal responses thereto are in the public domain will be available for
public inspection and copying thirty (30) days after opening of the proposals or until a
recommendation of award is made, whichever comes first. All proposals received in response
to this RFP become the property of the City of Melbourne and will not be returned. In the event
of an award, all documentation produced as part of the contract will become the exclusive
property of the CITY.
If you believe that your proposal contains trade secrets or confidential commercial and
financial information that you do not want to be made public, please include the following
sentence on the cover page of each copy of the proposal:
“This proposal contains trade secrets and/or confidential commercial or financial
information that the Offeror believes to be exempt from disclosure under Florida’s Public
Records Law. The Offeror requests that this information not be disclosed to the public,
except as may be required by law.”
In addition, you must specifically identify what you consider to be trade secret information or
confidential commercial and financial information on each page of the proposal on which it
appears and you must provide the specific statutory citations for such exemptions. In addition,
you must include the following sentence on each page which you are requesting exemption:
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“This page contains trade secrets and/or confidential commercial or financial information
that the Offeror believes to be exempt from disclosure under Florida’s Public Records
Law, and which is subject to the non-disclosure requested on the cover page of this
proposal.”
Note: An entire proposal cannot be identified as “PROTECTED”, “CONFIDENTIAL” or
“PROPRIETARY” and may be considered non-responsive if marked as such.
SECTION 12. CITY RESERVATIONS
The CITY reserves the right to:
1.
Modify, waive, or otherwise vary the terms and conditions of this RFP at any time,
including but not limited to, deadlines for submission and proposal requirements.
2.
Waive irregularities and informalities in the proposals.
3.
Reject or refuse any or all proposals.
4.
Cancel and withdraw this RFP at any time.
5.
Negotiate with any or all Offerors in order to obtain terms most beneficial to the CITY.
6.
Accept the proposal which, in its sole and absolute discretion, best serves the interest
of the CITY.
The decision of the City shall be final.
SECTION 13.
PERFORMANCE AND PAYMENT BOND
The CONTRACTOR shall furnish to the City, prior to the commencement of operations, a
Performance and Payment Bond in an amount equal to the value established within an issued
Purchase Order and/or Task Authorization, which bond shall be conditioned upon the
successful completion of all work, labor, services, materials to be provided and furnished, and
the payment of all subcontractors, materials and laborers. If the value of the contracted work
increases, the CONTRACTOR shall be required to provide an updated Performance and
Payment Bond in an amount equal to the new value.
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FORM A: PROPOSER QUESTIONNAIRE
Company Name:
Street / PO Box:
City:
State:
Phone:
Fax:
Zip:
E-Mail:
Website (if applicable):
Contact for this Lease:
Phone:
Title:
Fax:
Please select your organization type:
E-Mail:
Sole Proprietor
Partnership
Corporation
Joint Venture
Other
Number of years in business under
company’s present name:
Federal Tax ID #
Are you certified with the Florida Secretary of State to conduct business?
(Check One) YES:
NO:
If operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute.
Are you properly licensed/certified by the State of Florida to perform the specified work?
YES:
NO:
Not Applicable:
ATTACH COPY OF ALL APPLICABLE LICENSING/CERTIFICATION DOCUMENTS
Are/will you be properly insured to perform the work?
YES:
NO:
Have you ever defaulted or failed on a contract? (If yes, attach details) YES:
NO:
List at least three (3) references. (Include those whom you have provided services to in the past five years.)
1.
Company:
Contact Person:
Phone:
Title:
Fax:
E-Mail:
Describe Nature of Reference:
2.
Company:
Contact Person:
Phone:
Title:
Fax:
E-Mail:
Describe Nature of Reference:
3.
Company:
Contact Person:
Phone:
Title:
Fax:
E-Mail:
Describe Nature of Reference:
The undersigned swears to the truth and accuracy of all statements and answers contained herein:
Authorized Signature:
Date:
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FORM B
REFERENCE QUESTIONNAIRE
_______________________________________________________________
(Name of Business Requesting Reference)
This form is being submitted to your Company for completion as a business reference for the company listed
above.
This form is to be returned to the City of Melbourne, Florida Procurement Division, via facsimile at (321) 608-7070
or email to [email protected] no later than 5:00 p.m. ET, June 6, 2016 and MUST NOT be returned
to the company requesting the reference.
For questions or concerns regarding this form, please contact the City of Melbourne, Procurement Division, by
telephone (321) 608-7060.
Company Providing Reference
Contact Name and Title/Position
Contact Telephone Number
Contact Email Address
Questions:
1. In what capacity have you worked with this company in the past? If the Company was under a contract,
please acknowledge and explain briefly whether or not the contract was successful.
Comments:
2. How would you rate this Company’s knowledge and expertise?
3= Excellent
2= Satisfactory
1= Unsatisfactory
0= Unacceptable
Comments:
3. How would you rate the Company’s flexibility relative to changes in the scope and timelines?
3= Excellent
2= Satisfactory
1= Unsatisfactory
0= Unacceptable
Comments:
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4. What is your level of satisfaction with hard-copy materials, e.g. reports, logs, etc. produced by the Company?
3= Excellent
2= Satisfactory
1= Unsatisfactory
0= Unacceptable
Comments:
5. How would you rate the dynamics/interaction between the Company and your staff?
3= Excellent
2= Satisfactory
1= Unsatisfactory
0= Unacceptable
Comments:
6. Who were the Company’s principle representatives involved in providing your service and how would you rate
them individually? Would you comment on the skills, knowledge, behaviors or other factors on which you
based the rating?
(3= Excellent; 2= Satisfactory; 1= Unsatisfactory; 0= Unacceptable)
Name:
Name:
Name:
Name:
Rating:
Rating:
Rating:
Rating:
Comments:
7. With which aspect(s) of this Company’s services are you most satisfied?
Comments:
8. With which aspect(s) of this Company’s services are you least satisfied?
Comments:
9. Would you recommend this Company’s services to your organization again?
Comments:
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FORM C
NOTICE OF PARTIES AND BINDING AUTHORITY
The following information is required if Proposer shall be awarded an agreement with the CITY. Please complete
this form and submit with proposal.
Notice to Parties
A. Notice to the CITY regarding terms and conditions of the Agreement and changes in address/addressee
shall be directed to the CITY Procurement Contact as identified section 2.1 of the RFP. Notice and
communication with the CITY regarding the Services shall be directed to the CITY Department Contact.
Payment to CITY shall be directed to CITY of Melbourne, Accounts Receivable, 900 East Strawbridge
Avenue, Melbourne, Florida 32901.
B. Notice and communication and changes in address/addressee to the awarded firm shall be directed to:
Firm Name: ___________________________________________________
Contact Person Name:____________________________________________________
Mailing Address: ________________________________________________________
________________________________________________________
Email Address:_________________________________________________________
Phone Number:_________________________________________________________
C. Notice of default or notice of termination of Agreement shall be made in writing and delivered in person or
dispatched by certified mail, postage prepaid, return receipt requested and shall be addressed as follows:
Firm Name: ___________________________________________________
Contact Person Name:___________________________________________________
Mailing Address: ________________________________________________________
________________________________________________________
A party may unilaterally change its address or addressee by giving notice in writing to the other party as
provided in this section. Thereafter, notices and other pertinent correspondence shall be addressed and
transmitted to the new address.
Binding Authority
The individual submitting this proposal must have binding authority to submit contracts on behalf of the
responding company.
Provide name and address of person who will execute the contract if awarded the proposal.
Firm Name: ___________________________________________________
Contact Person Name:____________________________________________________
Mailing Address: ________________________________________________________
________________________________________________________
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FORM D
PRICING SCHEDULE
See Excel Spreadsheet issued with this RFP.
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EXHIBIT A
STANDARD TERMS AND CONDITIONS FOR SERVICES
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Std Version 7/31/2015
Services
EXHIBIT A
STANDARD TERMS AND CONDITIONS OF PURCHASE AGREEMENT – SERVICES
1.
A.
B.
C.
D.
E.
F.
DEFINITIONS
“Item(s)” means any goods or items, including intellectual
property, provided by CONTRACTOR incidental to the Services.
“Hazardous Materials” are or contain dangerous goods,
chemicals, contaminants, substances, pollutants, or any other
materials that are defined as hazardous by relevant local, state,
national, or international law, regulations, and standards.
“Purchase Order” is CITY’s document setting forth specific
Services to be rendered and Order information.
"Order" means CITY's authorization for CONTRACTOR to
provide the Services defined in accordance with the CITY’s
Purchase Order sent to CONTRACTOR.
"Service(s)" means the work which CONTRACTOR is to
perform for CITY as set forth in Exhibit A1 in compliance with
the Performance Standards of Exhibit A2 and the Maintenance
Agreement of Exhibit A3.
“Commencement Date” and “Expiration Date” are defined as set
forth on the first page of this Contract and shall apply to term
contracts.
2.
TERM OF AGREEMENT
The term of this Contract shall begin on the Effective Date, and
continue to the Expiration Date. The Effective Date of this
Contract shall be the date of the last of the parties to sign.
3.
A.
PRICING
Prices set forth on Exhibit A4 shall remain fixed for the duration
of this Contract except as provided herein. .
The price charged CITY for any Service shall always be
CONTRACTOR’s lowest price charged any customer for that
equivalent Service regardless of any special terms, conditions,
rebates, or allowances of any nature. If CONTRACTOR sells
any Service to any customer at a price less than that set forth
herein, CONTRACTOR shall adjust its price to the lower price
for any un-invoiced Service and for all future invoices for such
Service. For purposes of comparing price under this Paragraph,
the price and/or conversion costs of Services shall include those
CONTRACTOR cost components which are generic to the
Services as compared to other similar services generally
provided by CONTRACTOR. Such comparison shall be made
to the extent Services have similar characteristics, such as labor
rates, turnkey material costs, storage expenses, or other
specific comparison criteria agreed upon by the parties.
In the event CONTRACTOR offers a lower price, either as a
general price drop or only to some customer(s) for any reason,
CONTRACTOR shall immediately inform CITY of this price and
rebate to CITY an amount equal to the difference in the price
paid by CITY and the lower price for all such Services provided
during the preceding thirty (30) days.
All Applicable taxes and other charges such as duties, customs,
tariffs, imposts, and government imposed surcharges paid by
CONTRACTOR shall be stated separately on CONTRACTOR's
invoice and borne by CONTRACTOR. In the event that CITY is
prohibited by law from remitting payments to the
CONTRACTOR unless CITY deducts or withholds taxes
therefrom on behalf of the local taxing jurisdiction, then CITY
shall duly withhold such taxes and shall remit the remaining net
invoice amount to the CONTRACTOR.
CITY shall not
reimburse CONTRACTOR for the amount of such taxes
withheld.
The purchase of equipment, materials, and/or service by the
CITY may be exempt from the payment of excise, transportation
and sales tax imposed by the federal, state and/or other city
governments.
Upon request, applicable federal excise
exemption certificates will be furnished to CONTRACTOR.
Additional costs including such taxes, surcharges and delivery
costs, except those described on Exhibit A4, will not be paid or
reimbursed without CITY's prior written approval.
CITY reserves the right to have CONTRACTOR's records
B.
C.
D.
E.
F.
G.
inspected and audited to ensure compliance with this Contract.
At CITY’s option or upon CONTRACTOR's written demand,
such audit will be performed by an independent third party at
CITY's expense. However, if CONTRACTOR is found to not be
complying with this Contract in any way, CONTRACTOR shall
reimburse CITY for all costs associated with the audit, along
with any discrepancies discovered, within thirty (30) days after
completion of the audit. The results of such audit shall be kept
confidential by the auditor to the extent allowed by law and, if
conducted by a third party, only CONTRACTOR’s failures to
abide by the obligations of this Contract shall be reported to
CITY.
4.
A.
B.
C.
D.
E.
F.
G.
H.
INVOICING AND PAYMENT
Payment for Services as specified in the contract shall be
processed promptly after performance of Services and after
receipt of properly prepared invoice(s). Original invoices shall
be submitted and shall include: purchase agreement number
from the Purchase Order, purchase order number, line item
number, Order number, part number, complete bill to address,
description of Services, quantities, unit price, extended totals,
and any applicable taxes or other charges. For payment, Seller
must render original invoice to the City of Melbourne, Accounts
Payable Division, 900 East Strawbridge Avenue, Melbourne,
Florida 32901.
CONTRACTOR shall be responsible for and hold the CITY
harmless for any and all payments to CONTRACTOR’s vendors
or subcontractors utilized in the performance of the Services.
Discounts for prompt payment will not be considered in bid
evaluations, unless otherwise specified. Offered discounts,
however, will be taken if payment is made within the discount
period.
Payment is made when CITY's check is mailed or EDI funds
transfer initiated.
CITY is a local governmental entity subject to the Local
Government Prompt Payment Act, §218.70, et seq., Fla. Stat.
and payment by CITY shall be made in compliance with said
Act. Late charges may be assessed subject to said Act but only
to the extent set forth in this Contract.
No payments shall be made in advance of acceptance of
services not covered under this Contract nor for Services not
acceptable to CITY.
CONTRACTOR agrees to invoice CITY no later than sixty (60)
days after performance of Services. CITY will not be obligated
to make payment against any invoices submitted after such
period.
Payment by the CITY shall be subject to approval and
acceptance of Services by CITY.
Notwithstanding the
foregoing, CITY’s payment shall not constitute acceptance.
5.
NON-APPROPRIATION - All funds for payment by CITY under
this Contract are subject to the availability of an annual
appropriation for this purpose by the Melbourne City Council. In
the event of non-appropriation of funds by the Melbourne City
Council for the Services provided under this Contract, CITY will
terminate this Contract, without termination charge or other
liability, on the last day of the then-current fiscal year or when
the appropriation made for the then-current year for the
Services covered by this Contract is spent, whichever event
occurs first. If at any time funds are not appropriated for the
continuance of this Contract, CONTRACTOR on thirty (30) days
prior written notice shall accept cancellation, but failure to give
such notice shall be of no effect and CITY shall not be obligated
under this Contract beyond the date of termination.
6.
NON-EXCLUSIVITY
The right to provide the Services, which will be granted under this
Contract, shall not be exclusive. The CITY reserves the right to
competitively bid any Services from another provider when it is
in the best interest of CITY.
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B.
7.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
TERMINATION
CITY may terminate this Contract or any Purchase Order
issued, or any part thereof, at any time for its sole convenience
by giving thirty (30) days written notice of termination to
CONTRACTOR.
CITY may terminate this Contract upon written notice to
CONTRACTOR in the event CONTRACTOR defaults on any of
the terms and conditions of this Contract and such failure
continues for a period of fifteen (15) days following notice from
CITY specifying the default.
Notwithstanding the foregoing, CITY may immediately terminate
this Contract, without providing CONTRACTOR with notice of
default or an opportunity to cure, if CITY determines that
CONTRACTOR has failed to comply with any of the terms and
conditions of this Contract related to safety, indemnification or
insurance coverage.
Notwithstanding the foregoing, CITY reserves the right to
immediately terminate this Contract by providing written notice
to CONTRACTOR but without an opportunity to cure if CITY
determines CONTRACTOR knowingly furnished any statement,
representation, warranty or certification in connection with the
solicitation of CONTRACTOR’s bid or this Contract, which
representation was materially false, deceptive, incorrect, or
incomplete.
Notwithstanding the foregoing, CITY reserves the right to
immediately terminate the contract by providing written notice to
CONTRACTOR if the State of Florida or the federal government
enacts a law, which removes or restricts the authority of CITY to
conduct all or part of its function.
Upon receipt of such notice of termination, CONTRACTOR
shall: (1) discontinue the terminated work in accordance with
CITY’s instructions, (2) thereafter perform only such portion of
the work not terminated, (3) not place further orders or enter into
further subcontracts for Services relating to this Contract, and
(4) terminate all existing orders and subcontracts insofar as
such orders and subcontracts relate to the performance of this
Contract.
There shall be no termination charges for Services not yet
provided. The CITY will be responsible for payment of
authorized Services already provided by CONTRACTOR but not
yet invoiced, provided such Services have been approved by
the CITY. Upon payment of CONTRACTOR’s claims, the CITY
shall be entitled to all work and materials paid for.
Before assuming any payment obligation under this section, the
CITY may inspect CONTRACTOR's work in process and audit
all relevant documents prior to paying CONTRACTOR's invoice.
There shall be no charges for termination of orders for Services.
Notwithstanding anything to the contrary, CONTRACTOR shall
not be compensated in any way for any work done after receipt
of CITY’s notice, nor for any costs incurred by CONTRACTOR’s
suppliers or subcontractors after CONTRACTOR receives the
notice, nor for any costs CONTRACTOR could reasonably have
avoided.
Notwithstanding anything else in this Contract, failure to meet
the performance date(s) in this Contract shall be considered a
material breach of contract and shall allow CITY to terminate the
order for the Services and/or any subsequent Orders in the
Purchase Order without any liability.
8.
FORCE MAJEURE
Neither party shall be responsible for its failure to perform due to
causes beyond its reasonable control such as acts of God, fire,
theft, war, riot, embargoes, or acts of civil or military authorities.
If Services are to be delayed by such contingencies,
CONTRACTOR shall immediately notify CITY in writing and
CITY may either: (i) extend time of performance; or (ii) terminate
all or part of the uncompleted portion of the Purchase Order at
no cost to CITY.
9.
A.
SCHEDULING AND ORDERS
CONTRACTOR shall promptly perform Services as scheduled
or shall promptly notify the CITY if unable to perform any
scheduled Services and shall state the reasons.
C.
D.
CITY may place any portion of an Order on hold by notice which
shall take effect immediately upon receipt. Orders placed on
hold will be rescheduled or canceled within a reasonable time.
CITY shall have no obligation with respect to the purchase of
Services under this Contract until such Services are specified in
an issued Purchase Order.
CONTRACTOR, in performing work under this Contract, shall
provide and maintain during the life of this Contract, equipment
and staff sufficient in number, condition and capacity to
efficiently perform the work and provide the Services required
by this Contract.
10. WARRANTY
A. CONTRACTOR represents and warrants that all Services
provided shall be performed in a workmanlike and competent
manner in accordance with the highest professional standards
in CONTRACTOR’s trade or industry, and shall meet the
descriptions and specifications provided on Exhibit A1 and the
performance standards stated in Exhibit A2. CITY may inspect
and test all Items and review Services at reasonable times in
such manner as shall not unreasonably hinder or delay
CONTRACTOR’s performance. All Items and Services shall be
received subject to CITY’s inspection, testing, approval, and
acceptance at CITY’s premises notwithstanding any inspection
or testing at CONTRACTOR’s premises or any prior payment
for such Services. Items rejected by CITY as not conforming to
this Contract or specifications, whether provided by CITY or
furnished with the Item, may be returned to CONTRACTOR at
CONTRACTOR’s risk and expense and, at CITY’s request, shall
immediately be repaired or replaced.
B. CONTRACTOR makes the following warranties regarding Items
furnished hereunder, which shall survive any delivery,
inspection, acceptance, payment, or resale of the Services and
Items:
(i) Items will not infringe any party’s intellectual property rights;
(ii) CONTRACTOR has the necessary right, title, and interest to
provide said Items to CITY, and the Items will be free of
liens and encumbrances;
(iii) Items are new, and of the grade and quality specified;
(iv) Items are free from defects in workmanship and material,
conform to all samples, drawings, descriptions, and
specifications furnished or published by CONTRACTOR,
and to any other agreed-to specifications; and
(v) Items conform to the manufacturing quality provisions set
forth in Exhibit A2.
C. If CONTRACTOR breaches any of the foregoing warranties, or
Items are otherwise non-conforming, during a period of three (3)
years after CITY's acceptance of Services, CONTRACTOR
shall, at CITY's option, (i) promptly correct any non-conforming
or defective workmanship at no additional cost to the CITY; or
(ii) CONTRACTOR shall promptly repair, replace, or refund the
amount paid for such Items and Services; and (iii) shall pay to
CITY all incidental and consequential damages arising from
breach of the foregoing warranties. CONTRACTOR shall bear
the cost of shipping and risk of loss of all defective or nonconforming Items while in transit.
Notwithstanding the
foregoing, the parties agree that the term of the manufacturer’s
standard warranty shall apply to all manufacturing defects.
11. INDEPENDENT CONTRACTOR
In performing Services under this Contract, CONTRACTOR is
an independent contractor and its personnel and other
representatives shall not act as nor be agents or employees of
the CITY. As an independent contractor, CONTRACTOR will
be solely responsible for determining the means and methods
for performing the required Services. CONTRACTOR shall
have complete charge and responsibility for personnel
employed by CONTRACTOR; however, the CITY reserves the
right to instruct CONTRACTOR to remove from the CITY's
premises immediately any of CONTRACTOR's personnel who
are in breach of Paragraph 17 herein. Such removal shall not
relieve CONTRACTOR's obligation to provide Services under
this Contract.
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12.
SECURITY
CONTRACTOR confirms that employees of CONTRACTOR
performing work at the CITY's facilities have no record of
criminal convictions involving drugs, assault or combative
behavior, or theft within the last five years. CONTRACTOR
understands that such employees may be subject to criminal
history investigations by the CITY at the CITY's expense and
may be denied access to the CITY's facilities if any such
criminal convictions are discovered.
13. OWNERSHIP AND BAILMENT RESPONSIBILITIES
A. Any specifications, drawings, schematics, technical information,
data, tools, dies, patterns, masks, gauges, computers, test
equipment, and other materials furnished or paid for by CITY
shall: (i) remain or become the CITY's property; (ii) be used by
CONTRACTOR exclusively for CITY's orders; (iii) be clearly
marked as CITY's property and segregated when not in use; (iv)
be kept in good working condition at CONTRACTOR's expense;
and (v) be shipped to CITY promptly on demand.
B. CONTRACTOR shall insure CITY's personal property and be
liable for loss or damage while in CONTRACTOR's possession
or control, ordinary wear and tear excepted.
14. ASSIGNMENT OF INTELLECTUAL PROPERTY
CONTRACTOR hereby assigns to CITY all right, title, and
interest to all intellectual property created by the
CONTRACTOR arising out of or utilized by the CONTRACTOR
in the performance of this Contract and the ownership of the
intellectual property shall be vested solely in the CITY. In
respect to copyrights, this assignment shall be effective for the
entire duration of the copyrights and shall include, but not be
limited to, all rights to derivative works. The CONTRACTOR
waives all rights of attribution and integrity for specific works
created by CONTRACTOR under this Contract.
15. INTELLECTUAL PROPERTY INDEMNIFICATION
CONTRACTOR shall defend, indemnify, and hold CITY and its
employees,
officers,
agents,
representatives,
and
subcontractors harmless from any costs, expenses (including
reasonable attorneys' fees), losses, damages, or liabilities
incurred because of actual or alleged infringement of any
patent, copyright, trade secret, trademark, maskwork, or other
intellectual property right, arising out of the use or sale of Items
or CONTRACTOR’s Services. If an injunction issues as a result
of any such claim or action, CONTRACTOR agrees at
CONTRACTOR’s expense and CITY's option to either: (i)
procure the right to continue using Items; (ii) replace them with
non-infringing Items; (iii) modify them so they become noninfringing; or (iv) refund to the CITY the amount paid for any
Items returned to CONTRACTOR or for any Item destroyed and
for Services connected therewith.
16. GENERAL INDEMNIFICATION
CONTRACTOR shall, to the fullest extent permitted by law,
protect, defend, indemnify, and hold CITY and its employees,
officers, agents, representatives, and subcontractors harmless
from and against any and all claims, liabilities, demands,
penalties, forfeitures, suits, judgments, and the associated costs
and expenses (including attorney’s fees), which may hereafter
incur, become responsible for, or pay out as a result of: death or
personal injury (including bodily injury) to any person,
destruction or damage to any property, contamination of or
adverse effects on the environment, and any clean up costs in
connection therewith, or any violation of law, governmental
regulation or orders, to the extent caused by (i)
CONTRACTOR’s breach of any term or provision of this
Contract; (ii) any negligent or willful acts, errors, or omissions by
CONTRACTOR,
its
employees,
officers,
agents,
representatives, or subcontractors in the performance of this
Contract; or (iii) dangerous defects in Items. In agreeing to this
paragraph the CITY does not intend to alter, extend or waive
any defense of sovereign immunity to which it may be entitled
under the Florida Constitution, §768.28, Fla. Stat. or otherwise
provided.
17. COMPLIANCE WITH LAWS
A.
B.
C.
D.
E.
F.
G.
H.
I.
CONTRACTOR shall comply with all national, state, and local
laws and regulations governing the manufacture, transportation,
and/or sale of Items and/or the performance of services in the
course of this Contract. Lack of knowledge by CONTRACTOR
shall in no way be cause for relief from responsibility. These
may include, but are not limited to, Department of Commerce,
Environmental Protection Agency, and Department of
Transportation regulations applicable to Hazardous Materials
and all immigration, employment and labor laws governing
CONTRACTOR's personnel providing Services to the CITY.
CONTRACTOR represents and warrants that it is in compliance
with Equal Employment Opportunity regulations, unless
exempted or inapplicable.
CONTRACTOR represents and warrants that the Items supplied
and Services provided to the CITY shall conform in all respects
to the standards set forth in the Occupational Safety and Health
Act 1970, as amended. Upon request of CITY, CONTRACTOR
shall provide copies of CONTRACTOR’s OSHA 300 safety logs
(summaries only) and the safety logs (summaries only) of
CONTRACTOR’s subcontractors for the past twenty-four (24)
months.
CITY actively supports the Immigration and Nationality Act
(INA), which includes provisions addressing employment
eligibility, employment verification, and nondiscrimination.
Under the INA, employers may hire only persons who may
legally work in the United States. The employer must verify the
identity and employment eligibility of anyone to be hired, which
includes completing the Employment Eligibility Verification Form
(I-9). CONTRACTOR shall establish appropriate procedures
and controls so no services or products under this Contract will
be performed or manufactured by any worker who is not legally
eligible to perform such services or employment.
CONTRACTOR represents and warrants that is not listed on the
State of Florida’s convicted vendor listing established under the
provisions of §287.133, Fla. Stat., whereby the State of Florida
maintains a convicted vendor listing which excludes those listed
suppliers from bid submittal for a period of thirty-six (36)
months.
CONTRACTOR shall maintain, for the duration of this Contract,
all valid licenses and certificates required for the performance of
work and Services and provision of Items.
Subject to Odebrecht Construction, Inc., v. Prasad and
Odebrecht Construction, Inc., v. Secretary, Florida Department
of Transportation and their progeny, this sub-paragraph applies
to any contract for Services and Items of $1 million or more.
CONTRACTOR certifies that it is not on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector
List and that it does not have business operations in Cuba or
Syria as provided in §287.135, Fla. Stat., as may be amended
or revised. CITY may terminate this Contract at the CITY’s
option if CONTRACTOR is found to have submitted a false
certification as provided under subsection (5) of § 287.135, Fla.
Stat., as may be amended or revised, or been placed on the
Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List or has been engaged in business operations
in Cuba or Syria, as defined in §287.135, Fla. Stat., as may be
amended or revised.
CONTRACTOR agrees to abide by all of CITY's rules and
regulations while on CITY's premises or performing Services
including, but not limited to, safety, health and Hazardous
Material management rules, and rules prohibiting misconduct on
CITY's premises such as use of physical aggression against
persons or property, harassment, and theft. CONTRACTOR will
perform only those Services identified on Exhibit A1 and will
work only in areas designated for such Services.
CONTRACTOR shall take all reasonable precautions to ensure
safe working procedures and conditions for performance on
CITY's premises and shall keep CITY's site neat and free from
debris.
Failure to comply with this Paragraph shall be considered a
breach of contract.
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18. RETENTION AND AUDIT
A.
B.
CONTRACTOR understands and agrees that CITY is a public
entity subject to the Florida Public Records Law and, as such,
CONTRACTOR agrees to retain public records, and upon
request provide to CITY those public records requested, which
retention and access shall be pursuant to Chapter 119, Fla.
Stat..
The CITY reserves the right to audit the records of
CONTRACTOR for the Services and Items provided under this
Contract at any time during the performance and term of this
Contract and for a period of five (5) years after completion and
acceptance by CITY. If required by CITY, CONTRACTOR
agrees to submit to an audit by an independent certified public
accountant selected by CITY. CONTRACTOR shall allow CITY
to inspect, examine and review the records of CONTRACTOR
in relation to this Contract at any and all times during normal
business hours during the term of this Contract. Records
relating to the performance of this Contract shall be made
available to CITY for audit upon reasonable notice.
19. MERGER, MODIFICATION, WAIVER, AND REMEDIES
A. This Contract contains the entire understanding between the
CITY and CONTRACTOR with respect to the subject matter
hereof and merges and supersedes all prior and
contemporaneous agreements, dealings and negotiations. No
modification, alteration, or amendment shall be effective unless
made in writing, dated and signed by duly authorized
representatives of both parties. Any additional or different terms
in CONTRACTOR’S documents are deemed to be material
alterations and notice of objection to and rejection of them is
hereby given.
B. CONTRACTOR shall not substitute the Items.
C. In the event of any conflict between or among this Contract or
any ambiguity or missing specifications or instruction, the
following priority is established:
• First, the “Supplemental Provisions” set forth as Exhibit B to the
Contract;
• Second, the “Federal Provisions” set forth as Exhibit C to the
Contract;
• Third, these “Standard Terms and Conditions of Purchase
Agreement – Services” incorporated by reference into the
Contract.
• Fourth, CITY’s Invitation to Bid or CITY’s Request for Proposal,
as the case may be, with supporting addenda and
CONTRACTOR’s bid but only to the extent responsive to CITY’s
request, collectively set forth as Exhibit D to the Contract.
D. No waiver of any breach hereof shall be held to be a waiver of
any other or subsequent breach.
E. CITY’s rights and remedies herein are in addition to any other
rights and remedies provided by law or in equity.
F. If any provision of this Contract is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable,
such determination shall not affect the validity of the remaining
provisions unless CITY determines in its discretion that the
court’s determination causes this Contract to fail in any of its
essential purposes.
G. Notwithstanding anything else contained in this Contract, CITY
and CONTRACTOR specifically agree that failure to perform
certain obligations undertaken in connection with this Contract
would cause irreparable damage, and that monetary damages
would not provide an adequate remedy in such event. The
parties further agree that CONTRACTOR's failure to complete
performance of the Services called for in this Contract or on any
project Ordered under this Contract, or failure to perform or
effect performance of Services as contracted are such certain
obligations. Accordingly, it is agreed that, in addition to any
other remedy to which the non-breaching party may be entitled,
at law or in equity, the non-breaching party shall be entitled to
an order of specific performance to compel performance of such
obligations.
20. DISPUTES
In case of dispute arising under this Contract between the
parties, the decision of the CITY of Melbourne shall be final and
binding of both parties.
21. ASSIGNMENT; SUBCONTRACTORS
CONTRACTOR may neither assign nor factor any rights in nor
delegate any obligations under this Contract or any portion
thereof without the written consent of the CITY. CITY may
cancel this Contract for cause should CONTRACTOR attempt to
make an unauthorized assignment of any right or obligation
arising hereunder. This Contract may be amended only in
writing signed by CONTRACTOR and CITY and subject to with
the same degree of formality evidenced in this Contract.
Nothing contained in this Contract will be construed as
establishing any contractual relationship between CITY and any
subcontractor of CONTRACTOR. CONTRACTOR will be fully
responsible to CITY for the acts and omissions of the
CONTRACTOR’s subcontractor(s) and their employees. When
subcontracting is allowed, any changes in subcontractors shall
require prior written approval by the CITY.
22. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES
CITY encourages and agrees to CONTRACTOR extending the
pricing, terms and conditions of this Contract to other
governmental entities at the discretion of CONTRACTOR.
23. APPLICABLE LAW
This Contract is to be construed and interpreted according to
the laws of the State of Florida and all legal proceedings
regarding this Contract shall be filed in Brevard County, Florida.
24. HEADINGS
The headings provided in this Contract are for convenience only
and shall not be used in interpreting or construing this Contract.
25. SURVIVAL
The provisions of Paragraphs 1 (Definitions), 10 (Warranty), 13
(Ownership and Bailment), 14 (Assignment of Intellectual
Property), 15 (Intellectual Property Indemnification), 16 (General
Indemnification), 18 (Retention and Audit), 19 (Merger,
Modification, Waiver and Remedies), 20(Disputes), 23
(Applicable Law), 24 (Headings), and 25 (Survival), and, as
applicable, Exhibit A1 (Product Description and Statement of
Work), Exhibit A2 (Performance Standards), Exhibit A3
(Maintenance Agreement except for Technical Support which
expires or terminates), Exhibit C (Federal Compliance
Provisions), all of which will survive any termination or expiration
of this Contract.
26. TIME
Time is of the essence in the performance of this Contract.
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INTENTIONALLY LEFT BLANK
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EXHIBIT B
FEDERAL REQUIREMENTS
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FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I.
II.
III.
IV.
V.
General
Nondiscrimination
Nonsegregated Facilities
Davis-Bacon and Related Act Provisions
Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X.
Compliance with Governmentwide Suspension and
Debarment Requirements
XI. Certification Regarding Use of Contract Funds for
Lobbying
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
ATTACHMENTS
II. NONDISCRIMINATION
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal-aid construction contracts and to all
related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal-aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.
I. GENERAL
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services).
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 601.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
Form FHWA-1273 must be included in all Federal-aid designbuild contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design-builder shall be responsible
for compliance by any subcontractor, lower-tier subcontractor
or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower-tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
The following provision is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. 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, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
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
2. Subject to the applicability criteria noted in the following
sections, 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.
1
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this contract. The provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor
agrees to comply with the following minimum specific
requirement activities of EEO:
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 minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
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 minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. The contractor will accept as its 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, pre-apprenticeship, and/or on-thejob training."
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
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:
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. 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.
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. 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.
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 minorities and
women.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its 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 their avenues of appeal.
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.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
2
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applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
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. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
9. 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. The contractor shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, either directly or through a contractor's
association acting as agent, will include the procedures set
forth below:
a. The requirements of 49 CFR Part 26 and the State
DOT’s U.S. DOT-approved DBE program are incorporated by
reference.
b. The contractor 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 DOT-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 contracting agency
deems appropriate.
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith 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.
11. 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 the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
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 contracting agency and shall set forth what efforts have
been made to obtain such information.
a. The records kept by the contractor shall document the
following:
(1) The number and work hours of minority and nonminority group members and women employed in each work
classification on the project;
d. In the event the union is unable to provide the contractor
with a reasonable flow of 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 minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. 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
contracting agency.
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency 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. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
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will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
of paragraph 1.d. of this section; also, 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 29 CFR 5.5(a)(4). 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 accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH–1321) 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.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractor's obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractor's control, where
the facilities are segregated. The term "facilities" includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single-user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
b. (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-ofway of a roadway that is functionally classified as Federal-aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), 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
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The 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.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 “Contract provisions and
related matters” with minor revisions to conform to the FHWA1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics 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 issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
(3) In the event the contractor, the laborers or mechanics
to be employed in the 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. The Wage and Hour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
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will notify the contracting officer within the 30-day period that
additional time is necessary.
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. 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
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
b. (1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee (
e.g. , the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH–347 is
available for this purpose from the Wage and Hour Division
Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency..
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as 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.
2. Withholding
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, or any other federallyassisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so
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 contracting agency
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.
(2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29
CFR part 5, and that such information is correct and
complete;
3. Payrolls and basic records
(ii) That each 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 Regulations, 29 CFR
part 3;
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of 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. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) 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-
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
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(3) 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 3.b.(2) of
this section.
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 determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, 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 FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action 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.
b. Trainees (programs of the USDOL).
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 U.S.
Department of Labor, Employment and Training
Administration.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
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 U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or 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 Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman 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 wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. 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.
The allowable ratio of apprentices to journeymen 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 worker 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 on 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 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's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor 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. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
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 journeymen hourly
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d. 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.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
The following clauses apply to any Federal-aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
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 or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (1.) of this section.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the DavisBacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 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 U.S. Department of Labor, or the
employees or their representatives.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys 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 (2.) of this
section.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue
of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
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evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
contracts on the National Highway System.
5. The 30% self-performance requirement of paragraph (1) is
not applicable to design-build contracts; however, contracting
agencies may establish their own self-performance
requirements.
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 contracting agency. 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 635.116).
VII. SAFETY: ACCIDENT PREVENTION
T h i s p r o v i s i o n i s applicable to all Federal-aid
construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 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 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.
a. The term “perform work with its own organization” refers
to workers employed or leased 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 or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
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. 3704).
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
3. 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.3704).
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 or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract.
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
2. The contract amount upon which the requirements set forth
in paragraph (1) of Section VI is computed includes the cost of
material and manufactured products which are to be
purchased or produced by the contractor under the contract
provisions.
T h i s p r o v i s i o n i s applicable to all Federal-aid
construction contracts and to all related subcontracts.
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 Federalaid 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, Form FHWA-1022 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:
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 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
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
contracting agency has assured that each subcontract is
18 U.S.C. 1020 reads as follows:
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"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
covered transaction. The prospective first tier 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 first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
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
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
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 1, 1916, (39 Stat. 355), as amended
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. “First Tier Covered
Transactions” refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). “Lower Tier Covered
Transactions” refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). “First Tier
Participant” refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
f. The prospective first 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 entering into this transaction.
g. The prospective first tier 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 Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more – as
defined in 2 CFR Parts 180 and 1200.
h. 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 is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier 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
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i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
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.
j. 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.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. “First Tier Covered Transactions”
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). “Lower Tier Covered Transactions”
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). “First Tier Participant”
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
*****
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
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.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"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 exceeding
the $25,000 threshold.
(3) 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 (a)(2) of this certification; and
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 is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
b. Where the prospective 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 Participants:
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200)
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.
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
i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
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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
Participants:
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 participating in
covered transactions 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.
*****
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is 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.
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 its
bid or proposal that the participant 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.
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6. 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.
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
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 the participant
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, the participant 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 one 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 provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
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EXHIBIT A
Contract Requirements for Emergency Relief Program Agreements
Agreements for emergency work that are entered into by Local Governments with third parties to perform
Emergency Relief Program work for which the Local Government intends to seek reimbursement involving
FHWA Emergency Relief Program funds, must co mply with all Federal contract provision requirements outlined
or referred to in 23 CFR Part 633A.
a. Third party agreements must be negotiated, solicited or openly bid by the Local Government. Note: Pre-event
agreements must be openly bid and contain all FHWA Contract provisions.
a. 1. Pre-Event Contracts for Debris Monitoring Services must be procured in accordance with Section
287.057, Florida Statutes, as a contractual service or Section 287.055. Florida Statutes, as a professional service
and the procurement method must be consistent with 49 CFR Part 18. Debris Monitoring contracts must
include all federal aid contract requirements (a copy of which is attached hereto) and must be consistent with
the FHWA approved boilerplate, Debris Monitoring Scope of Services.
a. 2. Pre-Event Professional Consultant Contracts must be procured in accordance with Section 287.055,
Florida Statutes, and 23 CFR Part 172. Contracts must incl ude all federal aid contract requirements and must
be consistent with the FHWA approved boilerplate, CEI Scope of Services.
b. Include provisions mandating compliance w ith Davis-Bacon wage rates and include the wage rate t ables in the
agreement, sa id tables being available at: http://www.dot.state.fl.us/construction/wage .shtm
b. 1. Davis-Bacon labor standards do not apply to Debris Removal work unless done in conju nction with a
Construction project.
c.
Include the "Req uired Contract Provisions for Federal-Aid Construction Contracts" (FHWA- 1273) a copy of
which is attached hereto.
c. 1. Form 1273 is not required for scope of work specific to Debris Removal Monitoring.
d.
Local Government emergency contracts should be consistent with the FHWA approved Scopes of Service
boilerplates. Consistent means the contract includes all necessary federal-aid contract requirements and
contains all the same basic criteria as provided in the FHWA approved Scopes of Service boilerp ltes. The
approved Scopes of Service boilerplates ca n be found on the Department's website at
http://www.dot.state.fl.us/statemaintenanceoffice/scopes.shtm
e. Mandate compliance with Federai"Buy America Requirements", a copy which is attached hereto.
f.
Mandate coordination by the Local Government and the third party contractor with the Department to assure
compliance with the requirements of the National Environment Policy Act (NEPA) of 1969.
g.
Mandate compliance with 49 CFR Part 26, Disadvantages Business Enterprise Program, including the
requirements for the Contractor and/or the Local Government to report monthly on the Equal Opportunity
Reporting System on the Department's website found at
http://www.dot.state.fl.us/eq ualopportunityoffice/.
h. Mandate compliance with all requirements as imposed by the American with Disabilities Act of 1990 (ADA),
the regulations of the Federal government issued thereunder, and assurance by the Local Government
pursuant thereto .
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