HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-057Temp. Reso. 12354
June 26, 2013
Page 1 of 4
CITY OF TAMARAC, FLORIDA
P
RESOLUTION NO. R-2013 " �
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING THE AWARD
OF RFP NO. 13-1OR TO ASHBRITT, INC. AND CROWDER
GULF JOINT VENTURE, INC. FOR DISASTER DEBRIS
REMOVAL AND DISPOSAL SERVICES; AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE
AGREEMENTS WITH ASHBRITT, INC. AND CROWDER
GULF JOINT VENTURE, INC. FOR DISASTER DEBRIS
REMOVAL AND DISPOSAL SERVICES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac is vulnerable to a variety of natural disasters
including hurricanes and tornadoes; and
WHEREAS, the impact of a major disaster would exceed the ability of City
emergency response resources; and
WHEREAS, in the event of a major disaster supplemental resources would be
required in order to rapidly restore the City to pre -disaster conditions; and
WHEREAS, a disaster recovery agreement with a private sector service provider
places a vast array of specialized equipment, personnel and material at the City's
disposal in the event of a disaster; and
WHEREAS, on April 21, 2013 the City published RFP No. 13-10R for Disaster
Debris Removal and Disposal Services, incorporated herein by reference and on file in
the office of the City Clerk; and
WHEREAS, Public Services staff determined, on the basis of State and Federal
reimbursement requirements and industry standards, to award multiple
program
Temp. Reso. 12354
June 26, 2013
Page 2of4
contracts ensuring adequate availability and capacity of disaster debris removal and
disposal services; and
WHEREAS, on May 14, 2013, the City received and opened eight (8) submittals,
and an Evaluation Committee, facilitated by the Purchasing and Contracts Manager and
comprised of the Assistant Public Works Director, Public Works Operations Manager,
Utilities Operations Manager, and Public Services Budget and Contracts Manager,
reviewed and evaluated the submittals; and
WHEREAS, the Evaluation Committee evaluated the submittals per RFP 13-10R
and subsequently ranked the submittals based on the total scores, a copy of the
Evaluation Tabulation is hereto attached as Exhibit 1; and
WHEREAS, based upon the Evaluation Scores the top ranked firm is Ashbritt,
Inc., and the second ranked firm is CrowderGulf Joint Venture; and
WHEREAS, the Director of Public Services and the Purchasing and Contracts
Manager recommend the City of Tamarac execute an Agreement with Ashbritt, Inc. as
the primary vendor, and execute an Agreement with CrowderGulf Joint Venture as the
secondary vendor; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the citizens and residents of the City of Tamarac to execute Agreements
with Ashbritt, Inc. and CrowderGulf Joint Venture for Disaster Debris Removal and
Disposal Services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
Temp. Reso. 12354
June 26, 2013
Page 3of4
SECTION 1:
The
foregoing 'WHEREAS" clauses
are hereby
ratified
and
confirmed as being
true and
correct and are hereby made
a specific
part of
this
Resolution upon adoption hereof. All Exhibits attached hereto are incorporated herein
and made a specific part of this resolution.
SECTION 2:
The City Commission HEREBY awards RFP No. 13-10R to
Ashbritt, Inc. and CrowderGulf Joint Venture, and approves Agreements between the
City of Tamarac and Ashbritt, Inc and CrowderGulf Joint Venture. ("The Agreements")
and the appropriate City officials are hereby authorized to execute the Agreements,
hereto attached as "Exhibit 2" and "Exhibit 3", respectively, to provide Disaster Debris
Removal and Disposal Services.
SECTION 3:
All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4:
If any clause, section, other part or application of this
Resolution is held by any count of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
Temp. Reso. 12354
June 26, 2013
Page 4of4
SECTION 5:
passage and adoption.
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this day of
ATTEST:
PATRICIA TEUFVL, CMC
INTERIM CITY CLERK
HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SA UEL/S. GREN
CI Ai OREY
Q(,Z"'�- 2013.
61
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO__ EE�.L--w
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DIST 1: COMM. BUSH
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AGREEMENT
BETWEEN THE CITY of TAMARAC
AND oil
ASHBRITT, INC. ll
(ra
THIS AGREEMENT is made and entered into this da oebyynd between the CitY Y
of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave.,
Tamarac, FL 33321 (the "CITY") and Ashbritt, Inc., a Florida corporation with principal offices
located at 565 Hillsboro Boulevard, Deerfield Beach, Florida 33441 (the "Contractor") to
provide Stand-by, Pre -Event Disaster Debris Removal and Disposal Services as the primary
contractor.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City
and Contractor agree as follows:
1) The Contract Documents
The contract documents shall consist of this Agreement, Request for Proposal
Document No. 13-10R, titled "Disaster Debris Removal and Disposal Services", and including
all conditions therein, (General Terms and Conditions, Special Conditions and/or Special
Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal
included herein, and all modifications issued after execution of this Agreement. These
contract documents form the Agreement, and all are as fully a part of the Agreement as if
attached to this Agreement or repeated therein. In the event that there is a conflict between
Request for Proposal No. 13-10R, Disaster Debris Removal and Disposal Services, as issued
by the City, and the Contractor's Proposal, dated May 14, 2013, Request for Proposal No.
13-10R, Disaster Debris Removal and Disposal Services as issued by the City shall take
precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between
this document and any other contract documents, this Agreement shall prevail.
2) Contract Term
The successful contractor shall be awarded a contract for three (3) years with the
option to renew the contract for two (2) additional two (2) year periods. Options for renewal
will only be exercised upon mutual written agreement. Unit prices will remain firm for the first
year and may be adjusted according to the Consumer Price Index (CPI) for each subsequent
year.
3) The Work
3.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
3.1.1 Contractor shall furnish all labor, materials, and equipment necessary to
provide Disaster Debris Removal and Disposal Services as required by
the City. Contractor shall adhere to all requirements of the Statement of
Work for RFP 13-10R as incorporated in the Contract Documents as
delineated in Section 1 of this Agreement.
3.1.2 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and professional
manner. Contractor shall comply with all OSHA safety rules and
regulations in the operation of equipment and in the performance of the
work. Contractor shall at all times have a competent field supervisor on
the job site to enforce these policies and procedures at the Contractor's
,...,. ....................................................................
expense.
3.1.3 Contractor shall provide the City with seventy-two (72) hours written
notice prior to the beginning of work under this Agreement and prior to
any schedule change with the exception of changes caused by inclement
weather.
3.1.4 Contractor shall comply with any and all Federal, State, and local laws
and regulations now in effect, or hereinafter enacted during the term of
this Agreement, which are applicable to the Contractor, its employees,
agents or subcontractors, if any, with respect to the work and services
described herein.
3.1.5 Bonding: Contractor shall provide the City with a Performance and
Payment Bond in the amount of $1,000,000 or 100% of the contract
value, whichever is greater, within three (3) calendar days of a written
Notice to Proceed by City. Once activated, the Payment and
Performance Bonds shall be in force for a period of not less than one (1)
year from the date of original execution by the Bond Surety."
4) Insurance
4.1. Contractor shall obtain at Contractor's expense all necessary insurance in such
form and amount as specified in the original bid or proposal document or as
required by the City 's Risk and Safety Manager before beginning work under
this Agreement including, but not limited to, Workers' Compensation,
Commercial General Liability, and all other insurance as required by the City,
including Professional Liability when appropriate. Contractor shall maintain such
insurance in full force and effect during the life of this Agreement. Contractor
shall provide to the City's Risk and Safety Manager Certificates of all insurances
required under this section prior to beginning any work under this Agreement.
The Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the term of
this agreement.
4.2. Contractor shall indemnify and hold the City harmless for any damages resulting
from failure of the Contractor to take out and maintain such insurance.
Contractor's Liability Insurance policies shall be endorsed to add the City as an
additional insured. Contractor shall be responsible for payment of all
deductibles and self-insurance retentions on Contractor's Liability Insurance
policies.
5) Time of Commencement and Substantial Completion
5.1. , The work to be performed under this Agreement shall be commenced after City
execution of the Agreement and upon issuance of a written Notice to Proceed
by the City as the result of an event requiring Contractor's services. The
Contractor shall begin preparation for mobilization immediately after receiving
the Notice to Proceed and be fully operational within forty eight (48) hours, or as
specifically directed by the City. If emergency road clearance is needed,
Contractor shall have crews working within twenty-four (24) hours.
5.2. The work, including site restoration prior to close-out shall be completed within
thirty (30) calendar days after receiving notice from the CITY that the last load of
debris has been delivered.
Cjt" of Tamar a & r
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6) Contract Sum
Pricing for this Agreement shall be in accordance with the schedule of unit prices
attached hereto as Appendix A.
7) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. Invoices must bear the project name, project number, proposal number and
purchase order number. Contractor shall submit invoices for no more than 30 day increments.
City has up to thirty (30) days to review, approve and pay all invoices after receipt. All
necessary Releases of Liens and Affidavits shall be processed before the warranty period
begins. All payments shall be governed by the Local Government Prompt Payment Act, F.S.,
Part VII, Chapter 218, as well as the Request for Proposal 13-10R, . "Disaster Debris
Removal and Disposal Services", "Technical Specifications", Section G "Invoices".
8) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by
all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject
of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor
shall release City from all claims of liability by Contractor in connection with the agreement.
9) Warranty
Contractor warrants the work against defect for a period of one (1) year from the date
of completion of work. In the event that defect occurs during this time, Contractor shall
perform such steps as required to remedy the defects. Contractor shall be responsible for any
damages caused by defect to affected area or to interior structure. The one (1) year warranty
period does not begin until substantial completion of the entire project, and the subsequent
release of any Performance or Payment Bonds, which may be required by the original bid
document.
10) Indemnification
10.1. The Contractor shall indemnify and hold harmless the City, its elected and
appointed officials, employees, and agents from any and all claims, suits,
actions, damages, liability, and expenses (including attorneys' fees) in
connection with loss of life, bodily or personal injury, or property damage,
including loss of use thereof, directly or indirectly caused by, resulting from,
arising out of or occurring in connection with the operations of the Contractor or
its officers, employees, agents, subcontractors, or independent Contractors,
excepting only such loss of life, bodily or personal injury, or property damage
solely attributable to the gross negligence or willful misconduct of the City or its
elected or appointed officials and employees. The above provisions shall
survive the termination of this Agreement and shall pertain to any occurrence
during the term of this Agreement, even though the claim may be made after the
termination hereof.
10.2. Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason, the
terms and conditions of this Article shall survive indefinitely.
i. The Contractor shall pay all claims, losses, liens. Settlements or
judgments of any nature whatsoever in connection with the foregoing
indemnifications including, but not limited to, reasonable attorney's fees
(including appellate attorney's fees) and costs.
Clay of Tr.?rnaarac
Purchasing . '.' r1trG crs z ivr, iarz
ii. City reserves the right to select its own legal counsel to conduct any
defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Contractor under the
indemnification agreement
10.3. Nothing contained herein is intended nor shall be construed to waive City's
rights and immunities under the common law or Florida Statutes 786.28, as
amended from time to time
11) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor shall not discriminate against
any employee or applicant for employment because of race, color, sex, religion, age, national
origin, marital status, political affiliation, familial status, sexual orientation, or disability if
qualified. The Contractor will take affirmative action to ensure that employees are treated
during employment, without regard to their race, color, sex, religion, age, national origin,
marital status, political affiliation, familial status, sexual orientation, or disability if qualified.
Such actions must include, but not be limited to, the following: employment, promotion;
demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The
Contractor shall agree to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the contracting officer setting forth the provisions of
this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Sub-
contractors, if any, will be made aware of and will comply with this nondiscrimination clause.
12) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor under
this Agreement and not the City's employee for any purposes, including but not limited to, the
application of the Fair Labor Standards Act minimum wage and overtime payments, Federal
Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the
State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion
in the judgment of the manner and means of carrying out Contractor's activities and
responsibilities hereunder provided, further that administrative procedures applicable to
services rendered under this Agreement shall be those of Contractor, which policies of
Contractor shall not conflict with City, State, or United States policies, rules or regulations
relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a
separate and independent enterprise from the City, that it had full opportunity to find other
business, that it has made its own investment in its business, and that it will utilize a high level
of skill necessary to perform the work. This Agreement shall not be construed as creating any
joint employment relationship between the Contractor and the City and the City will not be
liable for any obligation incurred by Contractor, including but not limited to unpaid minimum
wages and/or overtime premiums.
13) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement
without the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
14) Notice
Whenever either party desires or is required under this Agreement to give notice to any
other party, it must be given by written notice either delivered in person, sent by U.S. Certified
City of l C'�iric',$ �a Purchasing sing & Contracts Division
............................,................................ ............................ ......................................................................
....................................._._....._.............................u..................,.....»..............................................._.......................... ................
Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Mr. John W. Noble, Vice President
Ashbritt, Inc.
565 E. Hillsboro Boulevard
Deerfield Beach, FL 33441
(954) 545-3535 fax: (954) 545-3585
15) Termination
15.1. Termination for Convenience: This Agreement may be terminated by the City
for convenience, upon seven (7) days of written notice by the City to the
Contractor for such termination in which event the Contractor shall be paid its
compensation for services performed to termination date, including services
reasonably related to termination. In the event that the Contractor abandons this
Agreement or causes it to be terminated, Contractor shall indemnify the city
against loss pertaining to this termination.
15.2. Default by Contractor: In addition to all other remedies available to the City,
this Agreement shall be subject to cancellation by the City for cause, should the
Contractor neglect or fail to perform or observe any of the terms, provisions,
conditions, or requirements herein contained, if such neglect or failure shall
continue for a period of thirty (30) days after receipt by Contractor of written
notice of such neglect or failure.
16) Uncontrollable Forces
16.1. Notwithstanding the specific events for which services are to be provided under
this Agreement, neither the City nor Contractor shall be considered to be in
default of this Agreement if delays in or failure of performance shall be due to
Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the non -performing party could not avoid. The term "Uncontrollable
Forces" shall mean any event which results in the prevention or delay of
performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party. It includes, but is not
limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil
disturbance, sabotage, and governmental actions.
16.2. Neither party shall, however, be excused from performance if nonperformance is
due to forces, which are preventable, removable, or remediable, and which the
nonperforming party could have, with the exercise of reasonable diligence,
City of �"��rtm ao Purchasing .& Contracts Division .w.__....
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prevented, removed, or remedied with reasonable dispatch. The nonperforming
party shall, within a reasonable time of being prevented or delayed from
performance by an uncontrollable force, give written notice to the other party
describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
17) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of
this Agreement, and is subject to termination based on lack of funding.
18) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
19) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
20) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
21) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the City,
and negotiations and oral understandings between the parties are merged herein.
This Agreement can be supplemented and/or amended only by a written document
executed by both the Contractor and the City.
18) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from
the negotiation process in which each party was represented by counsel and
contributed to the drafting of this Agreement. Given this fact, no legal or other
presumptions against the party drafting this Agreement concerning its construction,
interpretation or otherwise accrue to the benefit of any party to the Agreement, and
each party expressly waives the right to assert such a presumption in any proceedings
or disputes connected with, arising out of, or involving this Agreement.
Remainder of Page Intentionally Blank
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through
its Mayor and City Manager, and CONTRACTOR, signing by and through its Vice
President, duly authorized to execute same.
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Interim City Clerk
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Date 1i
ATTEST:
rate Secretary)
Type/Print Name of Corporate
(CORPORATE SEAL)
Attoroey /r-
ASHBRM/Nc.
ComD6nV Wme /1 ,1
Signa;lre of Vice President
John Noble
Type/Print Name of Vice President
Date
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Pwchi.-ishng & Ccwtt-ac-, Divhsion
---------- ------- --- - ----------- - --------- - 1--1-- ------------ ---- ----------- -- ...... ------- ----------------
CORPORATE ACKNOWLEDGEMENT
STATE OF r10,064
I :SS
COUNTY OF U9-A�
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared John
Noble, Vice President , of Ashbrift, Inc., a Florida Corporation, to me known to be the
person(s) described in and who executed the foregoing instrument and acknowledged before
me that he/she executed the same.
WITNESS my hand and official seal this. day of JUWC(`� 12qL,.�.
KELLY BECKMANN
NOTARY PUBLIC
STATE OF FLORIDA
C*wn# EE884681
EXPI(M 1113/2017
gnature of Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an
oath.
EXHIBIT A
SCHEDULE OF VALUES
SEE NEXT PAGE
SCHEDULE 2 - UNIT RATE PRICE SCHEDULE Reference to RFP Scope of Services Item
elects to No Bid" individual service offerings their proposal may be considered non-1
Items 12 -15 are Ancillary Services. Vendors are requested to provide a cost for an(
these costs will not be used for evaluative purposes. "
Vegetative Debris Removal (based on
Section 2.3.2) Work consists of the
collection and transportation of eligible
vegetative debris on the ROW or public
property to a City approved debris
management site (DMS) or City approved
2 Ifinal disposal site.
$ Per Cubic Yard
Removing debris from public property and I
ROW and hauling to DMS $10.25
C&D Debris Removal (based on Section
2.3.3) Work consists of the collection and
transportation of eligible C&D on the ROW
or public property to a City approved final
3 I disposal site.
Removing C&D debris from ROW or public
property and hauling to DMS
Debris Removal from Canals / Waterways
(based on Section 2.3.4) Work consists of
the collection and transportation of eligible
debris from City maintained canals and
waterways to a City approved final disposal
3 I site.
Removing debris from city maintained
canals/waterways and hauling to DMS
DMS Operation and Reduction Through
Grinding (based on Section 2.3.5) Work
consists of managing and operating DMS for
acceptance and reduction of eligible
vegetative disaster related debris through
grinding. The costs associated with
acquiring, preparing, leasing, renting,
operating, and remediating land used as
6 IDMS is reflected in this bid.
_ 1 $Per Cubic Yard
$10.25
. 1 $ Per Cubic Yard
$40.00
$ Per Cubic Yard
$4.55
Haul -out of Reduced Debris to a City
Approved Final Disposal Site (based on
Section 2.3.6) Work consists of loading and
transporting reduced eligible disaster
related debris at a City approved DMS to a
8 City designated final disposal site.
$ Per Cubic Yard
$7.50
Removal of Hazardous Trees and Limbs
(based on Section 2.3.7) Work consists of
removing eligible hazardous trees or limbs
and placing them on the safest possible
location on the City ROW for collection
under the terms and conditions of Scope of
9 Services Item 2, Vegetative Debris Removal.
$ Per Tree
6 inch to 12.99 inch diameter
= $85.00
13 inch to 24.99 inch diameter
$85.00
25 inch to 36.99 inch diameter
$195.00
37 inch to 48.99 inch diameter
$350.00
49 inch and larger diameter
$350.00
Hanger Removal (per Tree) $100.00
Removal of Hazardous Stumps (based on
Section 2.3.8) Work consists of removing
eligible hazardous stumps and transporting
resulting debris from the ROW to a City
approved DMS. Rate includes removal,
backfill of stump hole, reduction, and final
10 disposal.
$ Per Stump
24.1 inch to 36.99 inch diameter
$125.00
37 inch to 48.99 inch diameter
$195.00
49 inch and larger diameter
$275.00
ROW White Goods Debris Removal (based
on Section 2.3.9) Work consists of the
removal of eligible White Goods from the
ROW to a City approved DMS site or City
approved facility for recycling. Contractor
shall be responsible for recovering/disposing
refridgerants as required by law as well as
unit decontamination in a contained area.
The Contractor shall also be responsible for
the transportation of eligible White Goods
.
from the City approved DIMS to a City
111 lapproved facility for recycling.
$ Per Unit
AC Units, Refridgerators and freezers
requiring refridgerant recovery and
decontamination
_
$135.00
Washers, dryers, stoves, ovens, and hot
water heaters
$70.00
Total
Household Hazardous Waste Removal,
Transport, and Disposal (based on Section
2.3.10) Work consists of the collection,
transportation, and disposal of household
hazardous waste from the ROW to a City
approved permitted hazardous waste facility
12
or MSW type I landfill.
$ Per Pound
$15.00
E-Waste Removal (based on Section 2.3.11)
Work consists of the recovery and disposal
of televisions, computers, computer
monitors, and microwaves unless otherwise
13
specified in writing by the City.
$ Per Unit
$35.00
Abandoned Vehicle Removal (based on
Section 2.3.12) Work consists of the removal
and transport of eligible abandoned
14
vehicles.
$ Per Unit
Passenger Car
$350.00
Single Axle
$350.00
Double Axle
$350.00
Dead Animal Carcasses (based on Section
2.3.12) Work consists of the recovery and
15
disposal of dead animal carcasses.
$ Per Pound
$4.25
Gift' cat Tamara Purchasing & Contracts ivisioo
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EXHIBIT B
FHWA 1273 - REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
SEE NEXT PAGE
SCHEDULE 2 - UNIT RATE PRICE SCHEDULE Reference to RFP Scope of Services Item
elects to No Bid" individual service offerings their proposal may be considered non-i
Items 12 - 15 are Ancillary Services. Vendors are requested to provide a cost for an(
these costs will not be used for evaluative purposes. "
Vegetative Debris Removal (based on
Section 2.3.2) Work consists of the
collection and transportation of eligible
vegetative debris on the ROW or public
property to a City approved debris
management site (DMS) or City approved
2 ifinal disposal site.
$ Per Cubic Yard
Removing debris from public property and
ROW and hauling to DMS _
$10.25
C&D Debris Removal (based on Section
2.3.3) Work consists of the collection and
transportation of eligible C&D on the ROW
or public property to a City approved final
3 disposal site. _ _
$ Per Cubic Yard
Removing C&D debris from ROW or public
property and hauling to DMS
$10.25
Debris Removal from Canals / Waterways
(based on Section 2.3.4) Work consists of
the collection and transportation of eligible
debris from City maintained canals and
waterways to a City approved final disposal
3 1 site.
$ Per Cubic Yard
Removing debris from city maintained
canals/waterways and hauling to DMS
$40.00
DMS Operation and Reduction Through
Grinding (based on Section 2.3.5) Work
consists of managing and operating DMS for
acceptance and reduction of eligible
vegetative disaster related debris through
grinding. The costs associated with
acquiring, preparing, leasing, renting,
operating, and remediating land used as
6 DMS is reflected in this bid.
$ Per Cubic Yard
$4.5 5
Haul -out of Reduced Debris to a City
Approved Final Disposal Site (based on
Section 2.3.6) Work consists of loading and
transporting reduced eligible disaster
related debris at a City approved DMS to a
8 lCity designated final disposal site.
Removal of Hazardous Trees and Limbs
(based on Section 2.3.7) Work consists of
removing eligible hazardous trees or limbs
and placing them on the safest possible
location on the City ROW for collection
under the terms and conditions of Scope of
9 fServices Item 2, Vegetative Debris Removal.
$ Per Cubic Yard
$7.50
$ Per Tree
6 inch to 12.99 inch diameter , $85.00
13 inch to 24.99 inch diameter $85.00
25 inch to 36.99 inch diameter $195.00
37 inch to 48.99 inch diameter $350.00
49 inch and larger diameter $350.00
Hanger Removal (per Tree) $100.00
Removal of Hazardous Stumps (based on
Section 2.3.8) Work consists of removing
eligible hazardous stumps and transporting
resulting debris from the ROW to a City
approved DMS. Rate includes removal,
backfill of stump hole, reduction, and final
101disposal.
24.1 inch to 36.99 inch diameter
37 inch to 48.99 inch diameter
49 inch and larger diameter
ROW White Goods Debris Removal (based
on Section 2.3.9) Work consists of the
removal of eligible White Goods from the
ROW to a City approved DMS site or City
approved facility for recycling. Contractor
shall be responsible for recovering/disposing
refridgerants as required by law as well as
unit decontamination in a contained area.
Contractor shall also be responsible for
the transportation of eligible White Goods
from the City approved DMS to a City
_ 1 $Per Stump
$125.00
$195.00
$275.00
12 japproved facility for recycling. I 1 $Per Unit
AC Units, Refridgerators and freezers
requiring refridgerant recovery and
decontamination _ $135.00
Washers, dryers, stoves, ovens, and hot
water heaters $70.00
Total
Household Hazardous Waste Removal,
Transport, and Disposal (based on Section
2.3.10) Work consists of the collection,
transportation, and disposal of household
hazardous waste from the ROW to a City
approved permitted hazardous waste facility
121or MSW type I landfill. 1 1 $Per Pound
$15.00
E-Waste Removal (based on Section 2.3.11)
Work consists of the recovery and disposal
of televisions, computers, computer
monitors, and microwaves unless otherwise
13 specified in writing by the City. $ Per Unit
$35.00
Abandoned Vehicle Removal (based on
Section 2.3.12) Work consists of the removal
and transport of eligible abandoned Estimated
14 vehicles. Quantity $ Per Unit
Passenger Car $350.00
Single Axle $350.00
Double Axle $350.00
Dead Animal Carcasses (based on Section
2.3.12) Work consists of the recovery and Estimated
15 disposal of dead animal carcasses. I Quantity 1 $ Per Pound
$4.25
FHWA•I273 -Revised May..l. 20..2........ ........................................................................................................................................................ ...................................................................................................--------._ .........
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
I. General
11. Nondiscrimination
111. Nonsegregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
Vill. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution Control Act
X. Compliance with Govemmentwide Suspension and Debarment Requirements
XI. Certification Regarding Use of Contract Funds for Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts
(included in Appalachian contracts only)
1. GENERAL
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 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.
Form FHWA-1273 must be included in all Federal -aid design -build 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).
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.
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.
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.
NONDISCRIMINATION
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.
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.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all
construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41
CFR 604.3.
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.
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
............... ., ...........................................................»........,.....»..»................... ............... ..«.... ....,.............. I................................................................. .......................................... .. ......._.. ................................... ................
...,.,..........
this contract. The provisions of the Americans with Disabilities procedures whereby minority and women applicants may be
Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR referred to the contractor for employment consideration.
35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor agrees
to comply with the following minimum specific requirement
activities of EEO:
a. The contractor will work with the 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.
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-the-job training."
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.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who
are substantially involved in such action, will be made fully
cognizant of, and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be reviewed
and explained. The meetings will be conducted by the EEO
Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering all
major aspects of the contractor's EEO obligations within thirty
days following their reporting for duty with the contractor.
c. All personnel who are, engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy
will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from which
the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining
agreement, conduct systematic and direct recruitment through
public and private employee referral sources likely to yield
qualified minorities and women. To meet this requirement, the
contractor will identify sources of potential minority group
employees, and establish with such identified sources
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.
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:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
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.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
Misr` of Tainaf �)c
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.
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).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for such
training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use 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 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.
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.
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.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
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.
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.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
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):
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.
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.
a. The records kept by the contractor shall document the
following:
(1) The number and work hours of minority and non -minority
group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation with
unions, when applicable, to increase employment opportunities
for minorities and women; 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
City af
............................... I ..................... . ......
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'
......................... _...__._ ............................................................................
will be required to collect and report training data. The
...................................................... . I ............................ I ................................
prominent and accessible place where it can *-*b"*'e"**'e"**a'*'s"i*l'*y ..... si, e*' * e** *n'* i b** * by...
employment data should reflect the work force on board during
the workers.
all or any part of the last payroll period preceding the end of
b. (1) The contracting officer shall require that any class of
July.
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
Ill. NONSEGREGATED FACILITIES
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
This provision is applicable to all Federal -aid construction
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
contracts and to all related construction subcontracts of
(i) The work to be performed by the classification requested is
$10,000 or more.
not performed by a classification in the wage determination;
The contractor must ensure that facilities provided for
and
(ii) The classification is utilized in the area by the construction
employees are provided in such a manner that segregation on
industry; and
the basis of race, color, religion, sex, or national origin cannot
(iii) The proposed wage rate, including any bona fide fringe
result. The contractor may neither require such segregated
benefits, bears a reasonable relationship to the wage rates
use by written or oral policies nor tolerate such use by
contained in the wage determination.
employee custom. The contractor's obligation extends further
(2) If the contractor and the laborers and mechanics to be
to ensure that its employees are not assigned to perform their
employed in the classification (if known), or their
services at any location, under the contractors control, where
representatives, and the contracting officer agree on the
the facilities are segregated. The term "facilities" includes
classification and wage rate (including the amount designated
waiting rooms, work areas, restaurants and other eating areas,
for fringe benefits where appropriate), a report of the action
time clocks, restrooms, washrooms, locker rooms, and other
taken shall be sent by the contracting officer to the
storage or dressing areas, parking lots, drinking fountains,
Administrator of the Wage and Hour Division, Employment
recreation or entertainment areas, transportation, and housing
Standards Administration, U.S. Department of Labor,
provided for employees. The contractor shall provide separate
Washington, DC 20210. The Administrator, or an authorized
or single -user restrooms and necessary dressing or sleeping
representative, will approve, modify, or disapprove every
areas to assure privacy between sexes.
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
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
necessary.
This section is applicable to all Federal -aid construction
(3) In the event the contractor, the laborers or mechanics to be
projects exceeding $2,000 and to all related subcontracts and
employed in the classification or their representatives, and the
lower -tier subcontracts (regardless of subcontract size). The
contracting officer do not agree on the proposed classification
requirements apply to all projects located within the right -of-
and wage rate (including the amount designated for fringe
way of a roadway that is functionally classified as Federal -aid
benefits, where appropriate), the contracting officer shall refer
highway. This excludes roadways functionally classified as
the questions, including the views of all interested parties and
local roads or rural minor collectors, which are exempt.
the recommendation of the contracting officer, to the Wage and
Contracting agencies may elect to apply these requirements to
Hour Administrator for determination. The Wage and Hour
other projects.
The following provisions are from the U.S. Department of Labor
Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the
regulations in 29 CFR 5.5 "Contract provisions and related
contracting officer or
matters" with minor revisions to conform to the FHWA1 273
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.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 11(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 of
paragraph I.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
Fly of Tama a
Purchasing � �rrtrac/5 i�iYisiori
will notify the contracting officer within the 30-day period that,
_ _
„wynumber).�The required�weekly'payroll information may be....' . .........................
additional time is necessary.
submitted in any form desired. Optional Form WH-347 is
(4) The wage rate (including fringe benefits where appropriate)
available for this purpose from the Wage and Hour Division
determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this
Web site at http:/twww.dol.gov/esa/whdtforms/wh347instr.htm
section, shall be paid to all workers performing work in the
or its successor site. The prime contractor is responsible for
classification under this contract from the first day on which
the submission of copies of payrolls by all subcontractors.
work is performed in the classification.
Contractors and subcontractors shall maintain the full social
c. Whenever the minimum wage rate prescribed in the contract
security number and current address of each covered worker,
for a class of laborers or mechanics includes a fringe benefit
and shall provide them upon request to the contracting agency
which is not expressed as an hourly rate, the contractor shall
for transmission to the State DOT, the FHWA or the Wage and
either pay the benefit as stated in the wage determination or
Hour Division of the Department of Labor for purposes of an
shall pay another bona fide fringe benefit or an hourly cash
investigation or audit of compliance with prevailing wage
equivalent thereof.
requirements. It is not a violation of this section for a prime
d. If the contractor does not make payments to a trustee or
contractor to require a subcontractor to provide addresses and
other third person, the contractor may consider as part of the
social security numbers to the prime contractor for its own
wages of any laborer or mechanic the amount of any costs
records, without weekly submission to the contracting agency..
reasonably anticipated in providing bona fide fringe benefits
(2) Each payroll submitted shall be accompanied by a
under a plan or program, Provided, That the Secretary of Labor
"Statement of Compliance," signed by the contractor or
has found, upon the written request of the contractor, that the
subcontractor or his or her agent who pays or supervises the
applicable standards of the Davis -Bacon Act have been met.
payment of the persons employed under the contract and shall
The Secretary of Labor may require the contractor to set aside
certify the following:
in a separate account assets for the meeting of obligations
(i) That the payroll for the payroll period contains the
under the plan or program.
information required to be provided under §5.5 (a)(3)(ii) of
2. Withholding
Regulations, 29 CFR part 5, the appropriate information is
The contracting agency shall upon its own action or upon
being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR
written request of an authorized representative of the
part 5, and that such information is correct and complete;
Department of Labor, withhold or cause to be withheld from the
(ii) That each laborer or mechanic (including each helper,
contractor under this contract, or any other Federal contract
apprentice, and trainee) employed on the contract during the
with the same prime contractor, or any other federally -assisted
payroll period has been paid the full weekly wages earned,
contract subject to Davis -Bacon prevailing wage requirements,
without rebate, either directly or indirectly, and that no
which is held by the same prime contractor, so much of the
deductions have been made either directly or indirectly from
accrued payments or advances as may be considered
the full wages earned, other than permissible deductions as set
necessary to pay laborers and mechanics, including
forth in Regulations, 29 CFR part 3;
apprentices, trainees, and helpers, employed by the contractor
(iii) That each laborer or mechanic has been paid not less than
or any subcontractor the full amount of wages required by the
the applicable wage rates and fringe benefits or cash
contract. In the event of failure to pay any laborer or mechanic,
equivalents for the classification of work performed, as
including any apprentice, trainee, or helper, employed or
specified in the applicable wage determination incorporated
working on the site of the work, all or part of the wages
into the contract.
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.
3. Payrolls and basic records
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 -
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.
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
City z)f Tr1f?'saf'i)
.........................................................................,................................
(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.
(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.
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.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
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.
The allowable ratio of apprentices to joumeymen 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 joumeyman's hourly rate) specified in the
contractor's or subcontractor's registered program shall be
observed.
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 joumeymen hourly
r,
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.....................................................................................................................................................................................
rate specked 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.
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.
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.
The ratio of trainees to joumeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
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 joumeyman 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.
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 joumeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
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d. Apprentices and Trainees (programs of the U.S. b-6Tj. _-
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.
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.
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.
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.
S. Compliance with Davis -Bacon and Related Act
requirements. All rulings and interpretations of the Davis -
Bacon 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.
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 contractors 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).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
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.
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.
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
Purchasing & Contracts Division
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.
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.
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.
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VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction
contracts on the National Highway System.
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).
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:
(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.
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.
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.
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 evidenced in writing and
that it contains all pertinent provisions and requirements of the
prime contract.
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.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal -aid construction
' rrr fr)ci & Corftracts D����rr
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.
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).
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).
Vill. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is 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 Federal -
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, 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:
18 U.S.C. 1020 reads as follows:
Whoever, being an officer, agent, or employee of the United of fact upon which reliance was placed when the contracting
States, or of any State or Territory, or whoever, whether a agency determined to enter into this transaction. If it is later
person, association, firm, or corporation, knowingly makes any determined that the prospective participant knowingly rendered
false statement, false representation, or false report as to the an erroneous certification, in addition to other remedies
character, quality, quantity, or cost of the material used or to be available to the Federal Government, the contracting agency
used, or the quantity or quality of the work performed or to be may terminate this transaction for cause of default.
performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal -aid
Roads Act approved July 1, 1916, (39 Stat. 355), as amended
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
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.
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.
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
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
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.
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).
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 her
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.
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.epis.govn, which is
compiled by the General Services Administration.
City of Tarnarao
L Nothing contained in the foregoiing.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.
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.
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;
(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;
(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
(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)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of changed
circumstances.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
Purchasing & Contracts Dt�visjor3
v�............... .._................_.............................W..._-_.�...�........ ...............
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).
e. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department
or agency with which this transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold.
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.govn, which is
compiled by the General Services Administration.
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.
i. Except for transactions authorized under paragraph a of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
Cit of Tamarac r-11
ision
M �.......w...,,.�....... .......................... .....�....................,� .................�. .......,..`,,........ Purchasing . ..._ .�.�.w... ........... ..................
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.
21
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 (1 c) 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 contractors 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
(1 c) 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.
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.
�.. �....... ............ ....�.. �.......W.......... �.......�.� ..� ........._...........................................................................22. u..,... ............................ �,.....�. �..........................
City of Tamarac Purchasing & Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND J
CROWDERGULF JOINT VENTURE, INC J10
THIS AGREEMENT is made and entered into this d- day o y and between the City
of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave.,
Tamarac, FL 33321 (the "CITY") and CrowderGulf Joint Venture, Inc., a Florida corporation
with principal offices located at 5435 Business Parkway, Theodore, Alabama 36582 (the
"Contractor") to provide Stand-by, Pre -Event Disaster Debris Removal and Disposal Services
as the secondary contractor.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City
and Contractor agree as follows:
1) The Contract Documents
The contract documents shall consist of this Agreement, Request for Proposal
Document No. 13-1 OR, titled "Disaster Debris Removal and Disposal Services", and including
all conditions therein, (General Terms and Conditions, Special Conditions and/or Special
Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal
included herein, and all modifications issued after execution of this Agreement. These
contract documents form the Agreement, and all are as fully a part of the Agreement as if
attached to this Agreement or repeated therein. In the event that there is a conflict between
Request for Proposal No. 13-1 OR, Disaster Debris Removal and Disposal Services, as issued
by the City, and the Contractor's Proposal, dated May 14, 2013, Request for Proposal No.
13-10R, Disaster Debris Removal and Disposal Services as issued by the City shall take
precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between
this document and any other contract documents, this Agreement shall prevail.
2) Contract Term
The successful contractor shall be awarded a contract for three (3) years with the
option to renew the contract for two (2) additional two (2) year periods. Options for renewal
will only be exercised upon mutual written agreement. Unit prices will remain firm for the first
year and may be adjusted according to the Consumer Price Index (CPI) for each subsequent
year.
3) The Work
3.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
3.1.1 Contractor shall furnish all labor, materials, and equipment necessary to
provide Disaster Debris Removal and Disposal Services as required by
the City. Contractor shall adhere to all requirements of the Statement of
Work for RFP 13-1OR as incorporated in the Contract Documents as
delineated in Section 1 of this Agreement.
3.1.2 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and professional
manner. Contractor shall comply with all OSHA safety rules and
regulations in the operation of equipment and in the performance of the
work. Contractor shall at all times have a competent field supervisor on
the job site to enforce these policies and procedures at the Contractor's
City of Tamarac
Purchasing & Contracts Division
expense.
3.1.3 Contractor shall provide the City with seventy-two (72) hours written
notice prior to the beginning of work under this Agreement and prior to
any schedule change with the exception of changes caused by inclement
weather.
3.1.4 Contractor shall comply with any and all Federal, State, and local laws
and regulations now in effect, or hereinafter enacted during the term of
this Agreement, which are applicable to the Contractor, its employees,
agents or subcontractors, if any, with respect to the work and services
described herein.
3.1.5 Bonding: Contractor shall provide the City with a Performance and
Payment Bond in the amount of $1,000,000 or 100% of the contract
value, whichever is greater, within three (3) calendar days of a written
Notice to Proceed by City. Once activated, the Payment and
Performance Bonds shall be in force for a period of not less than one (1)
year from the date of original execution by the Bond Surety."
4) Insurance
4.1. Contractor shall obtain at Contractor's expense all necessary insurance in such
form and amount as specified in the original bid or proposal document or as
required by the City's Risk and Safety Manager before beginning work under
this Agreement including, but not limited to, Workers' Compensation,
Commercial General Liability, and all other insurance as required by the City,
including Professional Liability when appropriate. Contractor shall maintain such
insurance in full force and effect during the life of this Agreement. Contractor
shall provide to the City's Risk and Safety Manager Certificates of all insurances
required under this section prior to beginning any work under this Agreement.
The Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the term of
this agreement.
4.2. Contractor shall indemnify and hold the City harmless for any damages resulting
from failure of the Contractor to take out and maintain such insurance.
Contractor's Liability Insurance policies shall be endorsed to add the City as an
additional insured. Contractor shall be responsible for payment of all
deductibles and self-insurance retentions on Contractor's Liability Insurance
policies.
5) Time of Commencement and Substantial Completion
5.1. The work to be performed under this Agreement shall be commenced after City
execution of the Agreement and upon issuance of a written Notice to Proceed
by the City as the result of an event requiring Contractor's services. The
Contractor shall begin preparation for mobilization immediately after receiving
the Notice to Proceed and be fully operational within forty eight (48) hours, or as
specifically directed by the City. If emergency road clearance is needed,
Contractor shall have crews working within twenty-four (24) hours.
5.2. The work, including site restoration prior to close-out shall be completed within
thirty (30) calendar days after receiving notice from the CITY that the last load of
debris has been delivered.
City of Tamarac Purchasing & Contracts Division
6) Contract Sum
Pricing for this Agreement shall be in accordance with the schedule of unit prices
attached hereto as Appendix A.
7) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. Invoices must bear the project name, project number, proposal number and
purchase order number. Contractor shall submit invoices for no more than 30 day increments.
City has up to thirty (30) days to review, approve and pay all invoices after receipt. All
necessary Releases of Liens and Affidavits shall be processed before the warranty period
begins. All payments shall be governed by the Local Government Prompt Payment Act, F.S.,
Part VII, Chapter 218, as well as the Request for Proposal 13-10R, . "Disaster Debris
Removal and Disposal Services", "Technical Specifications", Section G "Invoices".
8) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by
all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject
of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor
shall release City from all claims of liability by Contractor in connection with the agreement.
9) Warranty
Contractor warrants the work against defect for a period of one (1) year from the date
of completion of work. In the event that defect occurs during this time, Contractor shall
perform such steps as required to remedy the defects. Contractor shall be responsible for any
damages caused by defect to affected area or to interior structure. The one (1) year warranty
period does not begin until substantial completion of the entire project, and the subsequent
release of any Performance or Payment Bonds, which may be required by the original bid
document.
10) Indemnification
10.1. The Contractor shall indemni,
appointed officials, employee,
actions, damages, liability,
connection with loss of life,
including loss of use thereof,
arising out of or occurring in c(
its officers, employees, agenl
excepting only such loss of lif
solely attributable to the gross
elected or appointed officials
survive the termination of this
y and hold harmless the City, its elected and
►, and agents from any and all claims, suits,
and expenses (including attorneys' fees) in
)odily or personal injury, or property damage,
directly or indirectly caused by, resulting from,
nnection with the operations of the Contractor or
s, subcontractors, or independent Contractors,
OF
bodily or personal injury, or property damage
negligence or willful misconduct of the City or its
and employees. The above provisions shall
Agreement and shall pertain to any occurrence
during the term of this Agreement, even though the claim may be made after the
termination hereof.
10.2. Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason, the
terms and conditions of this Article shall survive indefinitely.
i. The Contractor shall pay all claims, losses, liens. Settlements or
judgments of any nature whatsoever in connection with the foregoing
City of Tamarac Purchasing & Contracts Division
indemnifications including, but not limited to, reasonable attorney's fees
(including appellate attorney's fees) and costs.
ii. City reserves the right to select its own legal counsel to conduct any
defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Contractor under the
indemnification agreement
10.3. Nothing contained herein is intended nor shall be construed to waive City's
rights and immunities under the common law or Florida Statutes 786.28, as
amended from time to time
11) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor shall not discriminate against
any employee or applicant for employment because of race, color, sex, religion, age, national
origin, marital status, political affiliation, familial status, sexual orientation, or disability if
qualified. The Contractor will take affirmative action to ensure that employees are treated
during employment, without regard to their race, color, sex, religion, age, national origin,
marital status, political affiliation, familial status, sexual orientation, or disability if qualified.
Such actions must include, but not be limited to, the following: employment, promotion;
demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The
Contractor shall agree to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the contracting officer setting forth the provisions of
this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Sub-
contractors, if any, will be made aware of and will comply with this nondiscrimination clause.
12) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor under
this Agreement and not the City's employee for any purposes, including but not limited to, the
application of the Fair Labor Standards Act minimum wage and overtime payments, Federal
Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the
State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion
in the judgment of the manner and means of carrying out Contractor's activities and
responsibilities hereunder provided, further that administrative procedures applicable to
services rendered under this Agreement shall be those of Contractor, which policies of
Contractor shall not conflict with City, State, or United States policies, rules or regulations
relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a
separate and independent enterprise from the City, that it had full opportunity to find other
business, that it has made its own investment in its business, and that it will utilize a high level
of skill necessary to perform the work. This Agreement shall not be construed as creating any
joint employment relationship between the Contractor and the City and the City will not be
liable for any obligation incurred by Contractor, including but not limited to unpaid minimum
wages and/or overtime premiums.
13) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement
without the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
14) Notice
City of Tamarac Purchasing & Contracts Division
Whenever either party desires or is required under this Agreement to give notice to any
other party, it must be given by wr itten notice either delivered in person, sent by U.S. Certified
Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Mr. John Ramsay, President
CrowderGulf Joint Venture, Inc.
5435 Business Parkway
Theodore, AL 36582
(800) 992-6207 fax: (251) 459-7433
iramsay@crowderoulf.com
15) Termination
15.1. Termination for Convenience: This Agreement maybe terminated by the City
for convenience, upon seven (7) days of written notice by the City to the
Contractor for such terminat ion in which ev ent the Cont ractor shall be p aid its
compensation for services performed to termination date, inclu ding services
reasonably related to termination. In the event that the Contractor abandons this
Agreement or causes it to be terminated, Contractor shall indemnify the city
against loss pertaining to this termination.
15.2. Default by Contractor: In addition to all other remedies available to the City,
this Agreement shall be subject to cance Ilation by the City for cause, should the
Contractor neglect or fail to perform or observe any of the terms, provisions,
conditions, or requirements herein contained, if such neglect or failure s hall
continue for a period of thir ty (30) days after receipt by Contractor of written
notice of such neglect or failure.
16) Uncontrollable Forces
16.1. Notwithstanding the specific events for which s ervices are to be provided under
this Agr eement, neither the City nor Cont ractor shall be considered to be in
default of t his Agreement if delays in or failure of pe rformance shall be due t o
Uncontrollable Forc es, the effect of whic h, by th a exerc ise of re asonable
diligence, t he non -per forming party soul d not av oid. T he t erm " Uncontrollable
Forces" shall mean any ev ent wh ich re suits in th a prevention or d elay of
performance by a par ty of its obligat ions under this Agreement and wh ich is
beyond the reas onable contro I of the nonperforming pa rty. It inc ludes, but is not
limited to f ire, flood, eart hquakes, storm s, lightn ing, epidem ic, war, riot, civi I
disturbance, sabotage, and governmental actions.
City of Tamarac Purchasing & Contracts Division
16.2. Neither party shall, however, be excused from performance if nonperformance is
due to forces, which are preventable, removable, or remediable, and which the
nonperforming party could have, with the exercise of reasonable diligence,
prevented, removed, or remedied with reasonable dispatch. The nonperforming
party shall, within a reasonable time of being prevented or delayed from
performance by an uncontrollable force, give written notice to the other party
describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
17) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of
this Agreement, and is subject to termination based on lack of funding.
18) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
19) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
20) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
21) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the City,
and negotiations and oral understandings between the parties are merged herein.
This Agreement can be supplemented and/or amended only by a written document
executed by both the Contractor and the City.
18) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from
the negotiation process in which each party was represented by counsel and
contributed to the drafting of this Agreement. Given this fact, no legal or other
presumptions against the party drafting this Agreement concerning its construction,
interpretation or otherwise accrue to the benefit of any party to the Agreement, and
each party expressly waives the right to assert such a presumption in any proceedings
or disputes connected with, arising out of, or involving this Agreement.
City of Tamarac Purchasing & Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through
its Mayor and City Manage r, and CONTRACTOR, si gning by and t hrough i is
President, duly authorized to execute same.
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Tony Dees
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
M
ichael C. Cernech, City Manager
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Date:
d legal sufficiency:
CROWDERGU� JOB• VENTURE, INC.
N e
ignature of >�reside
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msay
John Ra
Type/Print Name of President
Date
-10-�3
City of Tamarac
Purchasing & Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF LIA b dW (X
1,� :SS
COUNTY OF Mo6t�.
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared John
Ramsay, President, of CrowderGulf Joint Venture, Inc., a Florida Corporation, to me known
to be the person(s) described in and who executed the foregoing instrument and
acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this. day
20�
Sig a re of Notary Public
� S of t arge
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%lit
Print, Type or Stamp
Name of Notary Public
Personally known to me or
El Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an
oath.
Pype�9 Alabama Stilte At, La
rge
1 Notary Public
�,��. �P.► Jenny Todd
'O T s My COmmission Eipires 6/27f2ol5
City of Tamarac
EXHIBIT A
SCHEDULE OF VALUES
SEE NEXT PAGE
Purchasing & Contracts Division
SCHEDULE 2 - UNIT RATS PRICE SCHEDULE -- REVISED 31S 013
once 10 RFP Scope of Services sterns 2 to 11. 9 a Vendor elects to "No Bid" individual sefvioe offerings their proposal may be considered non -responsive by the
Items 12.16 are Ancillary Services. Vendors ere requested to provide a coat for ancillary f iems; hawewr those costs will rat be used for evaluative purposes.
(maw on sectan s s.)
Work consists of the Coulon and transportation of eligible Vogetative debris on the
ROW or pubic property to a City approved debris rnonagwnent site (DIMS) or City
approved final disposal silo. L7b oroaosed rMjMd„ kj jMies 2r M section inckd,
Removing debris from public property and ROW and hauling to DMS
tbs$W on b oiton s ear)
Work consists of the collecxlon and transportation of eligible C&D on the ROW or
pub1c property to a City approved final disposal site.
Removing CID debris from ROW or pubic property and hauling to DMS
3 Debris Removal from Canals a erweyS (buss on Stolle„
Work consists of the collection and irensport8tion of eligible debris from City
maintained canals end waterways to a Coy approved final dismal site.
Removing debris from city rl'lydintairned conalaAwlemmys and hauling to OMS
DUS Operation and Reduction Through Grinding
g oftsodan s aswsz"
Work consists of managing and operating DMS for acceptance and reduction of
eligible vegetative disaster related debris through grinding. The costs associated with
acquiring. preparing, leasing, renting, operating, and remediatkng lend used as DMS to
reflected In this bid.
Haul -out of Reduced Debris to a City Approved Final Disposal Site
8 0.84d on eMkm
Work consists of landing and transporting reduced efrgible disaster related debris at a
City approved DMS to a City designated final disposal site.
10
1
(bunt on aw*m-M
Work consists of removing *119IMe hazardous trees or limbs and placing them on the
safest possible location on the City ROW for collection under the terms and conditions
Of Scope of Services Item 2. Vegetative t?abris Removal.
6 inch to 12.99 Inch diameter
13 Inch to 24.99 Inch diameter
25 inch to 36.99 inch diameter
37 inch to 48.99 Inch diameter
49 Inch and larger diameter
Hargw Removal (per Tree)
ftaw on Seaton a3
Work consists of removing eligible hazardous stumps and transporting resulting debris
from file ROW to a City approved DMS. Rate Includes removal, backfil of stump hole.
reduction, and final disposal.
24.1 Inch to 38.99 inch diameter
37 inch to 48.99 inch diameter
49 inch and larger diameter
{bleed on Swilm um
Worst consists of the removal of eligible White Goods from the ROW to a City
approved DMS site or City approved facility for recycling. Contractor shoo be
responsible for r000veringidisp"Ing refrldgerants as required by law as well as unit
desoordamination In a contained area. The Contractor shall also be responsible for the
transportation of eligible White Goods from the City approved DMS to a City approved
fecifty for recycling.
recovery
$ Per Cubic Yard
$ Per Cubic Yard
, f $ Per Cubic Yard
$ 62.00
$ Per Cubic Yard
2.70
$ Per Cubic Yard
$ 5.25
$ Per Tree
25.00
$125.00
$ 250.00
• $ 400.00
$ 70.00
$ per Stump
$ 200.00
T - W'w'
$ per Unit
(_ Wa►sners, dryers, stoves, ovens, and hot water heaters [ $ 25.00
SCHEDULE 2 (REVISED) - UNIT RATE PRICE SCHEDULE CONTINUED
Ancillary Options - The Following. iterm are not Included In the Peke EVML*Ion
Household Hazardous Waste Removal, Transport, and Disposal
12 tWaw on s oeion &&w
Per Pound
Work consists of the collection, trsssssportatkm, and disposal of household hazardous
wrists from the ROW to a City approved permitted hazardous wsate fsccitty or MSW
`
type I knot
'
$ 0.00
13 Ep 8ste Rem oV4 (Ward on 8wtbn LUV
Work consists of the recovery and disposal of televislons, ownputers, computer
$ Per Unit
monitors, and microwaves unless oth"se specified in wkkV by the City.
$ 35.00
14 Abandoned Vehicle Removal twow on seawn
$ Per Unit
Work ewssiets of the removal wd transport of edible abandoned vehicles.
Passenger Car
2
Single Aide
$ 225.00
Double Axle
250.00
15 Dead Animal Carcesses (based on S"*w x
$ Per Pound
Work consletss of the recovery and disposalof dead animl carcasses.
$ 0.50
City of Tamarac _ Purchasing & Contracts Division
EXHIBIT B
FHWA 1273 - REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
SEE NEXT PAGE
City of Tamarac
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
Vill. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution Control Act
X. Compliance with Govemmentwide Suspension and Debarment Requirements
XI. Certification Regarding Use of Contract Funds for Lobbying
ATTACHMENTS
Purchasing & Contracts Division
A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts
(included in Appalachian contracts only)
1. GENERAL
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 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.
Form FHWA-1273 must be included in all Federal -aid design -build 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-1 273 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).
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.
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.
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.
II. NONDISCRIMINATION
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.
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.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all
construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41
CFR 60-4.3.
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.
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
City of Tamarac Purchasing & Contracts Division
this contract. The provisions of the Americans with Disabilities procedures whereby minority and women applicants may be
Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR referred to the contractor for employment consideration.
35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor agrees
to comply with the following minimum specific requirement
activities of EEO:
a. The contractor will work with the 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.
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-the-job training."
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.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who
are substantially involved in such action, will be made fully
cognizant of, and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be reviewed
and explained. The meetings will be conducted by the EEO
Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering all
major aspects of the contractor's EEO obligations within thirty
days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy
will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from which
the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining
agreement, conduct systematic and direct recruitment through
public and private employee referral sources likely to yield
qualified minorities and women. To meet this requirement, the
contractor will identify sources of potential minority group
employees, and establish with such identified sources
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.
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:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
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.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
of Tamarac
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.
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).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for such
training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use 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 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.
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.
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.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
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.
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
Purchasing & Contracts Division
subcontractors, including procurement of materials and lei
of equipment. The contractor shall take all necessary and
reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
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):
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.
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.
a. The records kept by the contractor shall document the
following:
(1) The number and work hours of minority and non -minority
group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation with
unions, when applicable, to increase employment opportunities
for minorities and women; 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
City of Tamarac
Purchasing & Contracts Division
will be required to collect and report training data. The
prominent and accessible place where it can be easily seen by
employment data should reflect the work force on board during
the workers.
all or any part of the last payroll period preceding the end of
b. (1) The contracting officer shall require that any class of
July.
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
III. NONSEGREGATED FACILITIES
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
This provision is applicable to all Federal -aid construction
therefore only when the following criteria have been met:
contracts and to all related construction subcontracts of
(i) The work to be performed by the classification requested is
$10,000 or more.
not performed by a classification in the wage determination;
and
The contractor must ensure that facilities provided for
(ii) The classification is utilized in the area by the construction
employees are provided in such a manner that segregation on
industry; and
the basis of race, color, religion, sex, or national origin cannot
(iii) The proposed wage rate, including any bona fide fringe
result. The contractor may neither require such segregated
benefits, bears a reasonable relationship to the wage rates
use by written or oral policies nor tolerate such use by
contained in the wage determination.
employee custom. The contractor's obligation extends further
(2) If the contractor and the laborers and mechanics to be
to ensure that its employees are not assigned to perform their
employed in the classification (if known), or their
services at any location, under the contractor's control, where
representatives, and the contracting officer agree on the
the facilities are segregated. The term "facilities" includes
classification and wage rate (including the amount designated
waiting rooms, work areas, restaurants and other eating areas,
for fringe benefits where appropriate), a report of the action
time clocks, restrooms, washrooms, locker rooms, and other
taken shall be sent by the contracting officer to the
storage or dressing areas, parking lots, drinking fountains,
Administrator of the Wage and Hour Division, Employment
recreation or entertainment areas, transportation, and housing
Standards Administration, U.S. Department of Labor,
provided for employees. The contractor shall provide separate
Washington, DC 20210. The Administrator, or an authorized
or single -user restrooms and necessary dressing or sleeping
representative, will approve, modify, or disapprove every
areas to assure privacy between sexes.
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
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-of-
way 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.
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 FHWA 1273
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.
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 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
necessary.
(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
City of Tamarac
will notify the contracting officer within the 30-day period that
additional time is necessary.
(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.
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 federally -assisted
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.
3. Payrolls and basic records
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 -
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.
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
Purchasing & Contracts Division
number). The required weekly payroll information may be
submitted in any form desired. Optional Form VM-347 is
available for this purpose from the Wage and Hour Division
Web site at http://www.dol.gov/esa/whdforms/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..
(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:
(1) 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;
(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;
(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.
City of Tamarac
(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.
(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.
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.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
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.
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.
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
Purchasing & Contracts Division
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.
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.
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.
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.
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.
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.
of Tamarac
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.
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.
S. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWX1273 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.
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 Davis -
Bacon 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.
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).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
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.
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.
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
Purchasing & Contracts Division
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.
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.
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.
City of Tamarac
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction
contracts on the National Highway System.
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).
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:
(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.
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.
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.
3. The contractor shall fumish (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 evidenced in writing and
that it contains all pertinent provisions and requirements of the
prime contract.
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.
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal -aid construction
Purchasing & Contracts Division
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.
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).
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).
Vill. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is 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 Federal -
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, 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:
18 U.S.C. 1020 reads as follows:
City of Tamarac Purchasing & Contracts Division
"Whoever, being an officer, agent, or employee of the United of fact upon which reliance was placed when the contracting
States, or of any State or Territory, or whoever, whether a agency determined to enter into this transaction. If it is later
person, association, firm, or corporation, knowingly makes any determined that the prospective participant knowingly rendered
false statement, false representation, or false report as to the an erroneous certification, in addition to other remedies
character, quality, quantity, or cost of the material used or to be available to the Federal Government, the contracting agency
used, or the quantity or quality of the work performed or to be may terminate this transaction for cause of default.
performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal -aid
Roads Act approved July 1, 1916, (39 Stat. 355), as amended
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
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.
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.
1. Instructions for Certification — First Tier Participants:
a. By signing and submitting this proposal, the prospective
first her participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective 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
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.
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).
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 Her 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.
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.govn, which is
compiled by the General Services Administration.
City of Tamarac
Purchasing & Contracts Division
i. Nothing contained in the foregoing shall be construed to
and "voluntarily excluded," as used in this clause, are defined
require the establishment of a system of records in order to
in 2 CFR Parts 180 and 1200. You may contact the person to
render in good faith the certification required by this clause.
which this proposal is submitted for assistance in obtaining a
The knowledge and information of the prospective participant is
copy of those regulations. "First Tier Covered Transactions"
not required to exceed that which is normally possessed by a
refers to any covered transaction between a grantee or
prudent person in the ordinary course of business dealings.
subgrantee of Federal funds and a participant (such as the
prime or general contract). "Lower Tier Covered Transactions"
j. Except for transactions authorized under paragraph (f) of
refers to any covered transaction under a First Tier Covered
these instructions, if a participant in a covered transaction
Transaction (such as subcontracts). "First Tier Participant"
knowingly enters into a lower tier covered transaction with a
refers to the participant who has entered into a covered
person who is suspended, debarred, ineligible, or voluntarily
transaction with a grantee or subgrantee of Federal funds (such
excluded from participation in this transaction, in addition to
as the prime or general contractor). "Lower Tier Participant"
other remedies available to the Federal Government, the
refers any participant who has entered into a covered
department or agency may terminate this transaction for cause
transaction with a First Tier Participant or other Lower Tier
or default.
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;
(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;
(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
(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)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of changed
circumstances.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
e. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department
or agency with which this transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold.
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.
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.
i. Except for transactions authorized under paragraph a of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
City of Tamarac Purchasing & Contracts Division
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.
21
City of Tamarac Purchasing & Contracts Division
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 (1 c) 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
(1 c) 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.
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.
22