HomeMy WebLinkAboutR-2019-054 City Authorizing to Execute Agreement w/ Rostan Solutions, LLC, a Florida Limited Liability Company, for Disaster Debris Monitoring Services valid through 6-30-2021 ($25,000.00) RESOLUTION NO. 2019-054
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT WITH ROSTAN SOLUTIONS, LLC, A
FLORIDA LIMITED LIABILITY COMPANY, FOR DISASTER DEBRIS
MONITORING SERVICES VALID THROUGH JUNE 30, 2021, UTILTIZING
THE CITY OF CORAL SPRINGS REQUEST FOR PROPOSALS NO. 13-13-
097, WHICH PURCHASE MAY EXCEED AN ANNUAL VENDOR TOTAL
AMOUNT OF TWENTY FIVE THOUSAND DOLLARS ($25,000.00) EACH
FISCAL YEAR THE CONTRACT IS IN PLACE; PROVIDING FOR
FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess of the established monetary threshold
without competitive bidding and without advertisement for bids if she is authorized to do so in
advance by a resolution adopted by the City Commission and if such purchases are made
pursuant to a competitive bid obtained within the last eighteen (18) months by other government
agencies, such as the federal government, state of Florida or a Florida municipality or county;
and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
"Monetary thresholds for certain purchases and payment disbursement authorizations",
Subsection(a), sets the monetary threshold or limitation at $25,000.00; and
WHEREAS, the City of Coral Springs entered into an agreement (RFP No. 13-B-097)
with Arcadis U.S., Inc. for disaster debris monitoring services dated June 19, 2013, a copy of
which agreement is attached as Exhibit "A" and is incorporated into this Resolution by this
reference, ; and
WHEREAS, the agreement with Arcadis U.S., Inc. was assigned to Rostan Solutions,
LLC on May 18, 2016 by the Coral Springs City Commission, and
WHEREAS, the City of Coral Springs renewed the Agreement dated May 17, 2017 for
an additional four (4) years through June 31, 2021, a copy of which renewal is attached as
Exhibit"B" and is incorporated into this Resolution by this reference; and
WHEREAS, the City Administration recommends entering into an Agreement with
Rostan Solutions, LLC, utilizing the pricing afforded in the Coral Springs Agreement, through
June 31, 2021;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "Whereas" clauses are ratified and confirmed to be true
and correct and they are made a part of and are incorporated into this Resolution by this
reference.
Section 2. That the proper City officials are authorized to execute an Agreement with
Rostan Solutions, LLC, for disaster debris monitoring services, a copy of which is attached as
Exhibit "C" and is incorporated into this Resolution by this reference.
Section 3. That funding shall automatically be appropriated from the General Fund
Hurricane Reserve Account #001-271-08-00 to the General Fund Hurricane Expense Account
#001-18-00-519-52-90 as necessary upon activation and utilization of the contract post storm in
an amount not to exceed one million dollars ($1,000,000.00) per fiscal year without Commission
approval as provided for by City Ordinance. Monetary amounts in excess of this threshold must
be brought forth by Ordinance for approval by the City Commission.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on June 11, 2019.
ATTEST:
THOMAS SCHNEIDER, CMC -LO LE EN
CITY CLERK '�,4 oP MAYOR
e�ISHE��'
APPROVED AS T, FO AND CO SS:
1
THOMAS . A BRO
CITY ATTORNEY
2 RESOLUTION#2019-054
AGREEMENT BETWEEN THE CITY OF CORAL,SPRINGS AIND ARCADIS
U.S.,INC.FOR DISASTER DEBRIS MONITORING SERVICES
THIS AGREEMENT, made and entered into the Yyday of
2013,by and between: '
CITY OF CORAL SPRINGS,FLORIDA
a municipal Corporation
955I West Sample Road
Coral Springs,Florida 33065
(hereinaftea referred to as "CITY'D
AND
ARCADIS U.S.,INC.
a Delaware Corporation
630 Plaza Drive,Suite 200
Highlands Ranch,Colorado'80129
(hereafter referred to as "CONTRACTOR")
WHEREAS, on March 5, 2013 the City issued a Request for Proposals (RFP No.
13-C-097)for Disaster Debris Monitoring Services;and
and WHEREAS, staff recommends that the contract be awarded to Arcadia U.S., Inc.;
VaMRLAS, the City Commission concurs with the staff recommendation and
deems it to be in the best interests of City,
NOW, THEREFORE, in consideration of the benefits provided by
CONTRACTOR to the citizens of Coral Springs and the covenants and conditions berein
expressed and the faiffifirl performance of all such covenants and conditions, the parties
agree as follows:
Section 1.
1.01 The above recitals are true and correct and are incorporated herein.
Section TERM AND TIME OF PERFORMANCE
2.01 The initial term of this Agreement shall be effective upon the approval of
the;City Commission and shall to minate June 30,2017.This Agreement
may be renewed for one(1)additional four(4)year term.However, either
party may terminate this Agreement by providing sixty(60)calendar days
written notice.
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2.02 (a)All duties,obligations and responsibilities of CONTRACTOR required
by this Agreement shall be completed no later than the deadlines
established by the Contract Administrator. For the putrposes of this
Agreement,the Contract Administrator is the Director of Public Works,
the Fire Chief,Police Chief or other individual as designated by the City
Manager's Office. Time shall be deemed to be of the essence in
performing the duties,obligations and responsibilities required by this
Agreement.
(b)The Contract Administrator shall be responsible for coordinating and
communicating with the CONTRACTOR and to manage and supervise
execution and completion of the Scope of Services as set forth herein and
in the respective Task Authorization,
Section 3 SCOPE OF SERVICES
3.01 The CONTRACTOR shall complete the scope of services in accordance
with the requirements of CITY'S RFP outlined in Exhibit"A",attached
hereto and incorporated herein. In addition,the CONTRACTOR shall
complete the CONTRACTOR's proposed Scope of Services is attached
hereto and incorporated herein as Exhibit"A-I". The parties acknowledge
that the HaulPass System designated in Exhibit"A-1"is subject to the
approval of its usage by the Federal Emergency Management Agency
(FEMA) and that CONTRACTOR may need to utilize another system
approved by FEMA,subject to the approval of CITY.
3.02 CITY and CONTRACTOR acknowledge that the scope of services is a
description of CONTRACTOR's responsibilities and obligations and is
deemed to include preliminary considerations and prerequisites and all
labor,materials,equipment,and tasks which are such an inseparable part
of the work described that exclusion would render performance by
CONTRACTOR impractical,illogical and unconscionable.
3.03 No work shall begin or any costs incurred for any part of the services
without an approved Task Authorization. The Task Authorization to be
issued by CITY shall define and describe the Scope of Services items in
operational terms and will include the maximum amount of compensation
to the CONTRACTOR for the completion of the Task Authorization. The
Task Authorization must be approved and executed by the CITY's
Contract Administrator to be valid.For the CONTRACTOR, the Task
Authorization must be approved and executed by Sandy Gutner or Leah
Richter.
3.04 Each Task Authorization will designate a lump sum amount or time and
expenses method for compensation and the maximum amount to be
incurred to the specific tasks authorized by the Task Authorization. All
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charges shall be in accordance with the Price Proposal, attached hereto and
incorporated herein as Exhibit"C". No charges will be accepted for items
not pre-approved within a Task Authorization.
3.05 Any change in the Scope of Services must be accomplished by a written
amendment to this Agreement and executed by both parties.
ctio 4. CONSIDERATION
4.01 C17Y agrees to compensate CONTRACTOR for the services performed
by CONTRACTOR pursuant to the requirements of Section 3 of this
Agreement. The parties acknowledge and agree that the pricing as
designated in Exhibit"c%is Inclusive of all costs due CONTRACTOR
for services rendered pursuant to this Agreement; including but not limited
to travel, subsistence and reimbursables.
4.02 Method of Billing and Payment.
(a) CONTRACTOR shall submit invoices for compensation to the
CITY's Contract Administrator for completed services on a monthly basis.
Invoices shall be submitted no later than the 1 Sa day of the month for
services rendered during the prior month. Invoices shall clearly designate
the services performed in accordance with the applicable Task
Authorization.
(b) CITY will make its best efforts to pay CONTRACTOR within twenty.
one(21) calendar days of receipt of proper invoice the total shown to be
due on such invoice.All payments for services are subject to the
applicable Task Authorization;however,under no circumstances will
costs that exceed reimbursable limits acceptable to the Federal Emergency
Management Agency(FEMA)be proposed or approved in a Task
Authorization,unless otherwise approved by CITY All invoices must
comply with the requirements of this Agreement and must be submitted on
a form that is acceptable to CITY. Payment maybe withheld for failure of
CONTRACTOR to comply with a term, condition,or requirement of this
Agreement,
(c) Services under a Task Authorization shall not exceed the approved
amount. Should an additional amount be required,the CONTRACTOR
acknowledges that in accordane with Section 2-305.1 (2)of the City
Code,the City Manager has the authority to make emergency
procurements where the costs exceed forty thousand dollars when there is
a clear and present threat to public health,property,welfare,safety, and
;however,the City Commission must be
other substantial loss to the city
notified after the fact of any emergency procurement in excess of forty
thousand dollars.
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4.03 Notwithstanding any provision of this Agreement to the contrary, CITY
may withhold,in whole or in part,payment to the extent necessary to
protect itself from loss on account of inadequate or defective work that has
not been remedied or from loss due to fraud or reasonable evidence
indicating fraud by CONTRACTOR or failure to comply with this
Agreement. When the above reasons for withholding payment are
removed or resolved in a manner satisfactory to the Contract
Administrator,payment may be made. The amount withheld shall not be
subject to payment of interest by CITY.
4.04 Payment to CONTRACTOR shall be made payable to Arcadia U.S.,Inc.
and sent to:
Arcadis U.S., Inc.
a Delaware Corporation
630 Plaza Drive, Suite 200
Highlands Ranch,Colorado 80129
Section 5. DUTIES AND RESPONSIBILITIES OF CITY
5.01 The CITY shall issue Task Authorizations as required in accordance with
this Agreement,together with the applicable purchase orders.
5. 02 CITY shall be responsible for scheduling and coordinating all required
meetings with the applicable personnel,including any other CITY
Contractors,
5.03 The City shall designate the applicable Contract Administrator for each
designated event and notify CONTRACTOR in writing.
5.04 Other assistance as may be required in assisting CONTRACTOR to
complete the required scope of services.
Section 6. INSURANCE
6.01 Prior to commencing work,the CONTRACTOR shall provide CITY with
certificates of all insurance policies providing coverage as required.
6.02 The CONTRACTOR shall secure and maintain,at its own expense,and
keep in effect during the full period of the agreement a policy or policies
of insurance,which must include the following coverages and minimum
limits of liability:
(a) Worker's Comioensation and Employer's Liability insurance for all
employees of the CONTRACTOR engaged in work under the Agreement
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in accordance with the laws of the State of Florida. The CONTRACTOR
shall agree to be responsible for the employment, control and conduct of
its employees and for any injury sustained by such employees in the
course of their employment.
(b) Coinarehensive General Liability Insurance with the following
minimum limits of liability.
$1,000,040.00 Combined Single Limit,Bodily
Injury and Property Damage
Liability per occurrence
Coverage shall specifically include the following minimum limits not less
than those required for Bodily Injury Liability and Property Damage:
1 000,000.00 Combined Single Limit,Bodily
Injury and Property Damage
Liability per occurrence
(1) Premises and Operations;
(2) Independent Contractors;
(3) Products and Completed Operations;
(4) Broad Form Property Damage,
(5) Broad Form Contractual Coverage applicable to the
Contract and specifically confirming the indemnification
and hold harmless agreement in the Contract;
(6) Personal Injury Coverage with employment and contractual
exclusions removed and deleted;and
(c) CORDLe-hensive AMMObIle Ltabllfty Insurance for all owned,
non-owned and hired automobiles and other vehicles used by the
CONTRACTOR in the performance of the work with the following
minimum limits of liability:
l 000 0, 00.00 Combined Single Limit,Bodily
Injury and Property Damage
Liability per occurrence
6.03 ALL LIABILITY INSURANCE POLICIES SHALL
SPECIFICALLY PROVIDE THAT THE CITY OF CORAL
SPRINGS IS AN ADDITIONAL INSURED WITH RESPECT TO
THE REQUIRED COVERAGES AND THE OPERATIONS OF THE
CONTRACTOR UNDER THE AGREEMENT. INSURANCE
Companies selected must be acceptable to CITY. All of the policies of
insurance so required to be purchased and maintained shall contain a
provision or endorsement that the coverage afforded shall not be canceled,
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materially changed or renewal refused until at least thirty(30) calendar
days written notice has been given to CITY by certified mail.
6.04 The required insurance coverage shall be issued by an insurance company
duly authorized and licensed to do business in the State of Florida with the
following minimum qualifications in accordance with the latest edition of
A.M.Best's Insurance Guide:
Financial Stability B+to A+
6.05 All required insurance policies shall preclude any underwriter's rights of
recovery or subrogation against CITY with the express intention of the
parties being that the required insurance coverages protect both parties as
the primary coverages for any and all losses covered by the above
described insurance.
6.06 The CONTRACTOR shall ensure that any company issuing insurance to
cover the requirements contained in this Contract agrees that they shall
have no recourse against CITY for payment or assessments in any form on
any policy of insurance.
6.07 The clauses "Other Insurance Pmvisions" and"Insured Duties in the Event
of an Occurrence, Claim or Suit" as it appears in any policy of insurance
in which CITY is named as an additional named insured shall not apply to
CITY. CITY shall provide written notice of occurrence within fifteen(15)
working days of CITY'S actual notice of such an event.
6.08 no CONTRACTOR shall not commence work under the Contract until
after he has obtained all of the minimum insurance herein described.
6.09 The CONTRACTOR agrees to perform the work under the Contract as an
independent contractor, and not as a subcontractor, agent or employee of
CITY.
6.10 Violation of the terms of this paragraph and its sub-parts shall constitute a
breach of the Contract and CITY, at its sole discretion, may cancel the
Contract and all rights, title and interest of the CONTRACTOR shall
thereupon cease and terminate.
Section 7. INDEMNIFICATION
7.01 GENERAL INDEMNIFICATION:The CONTRACTOR shall indemnify,
defend, save and hold harmless the CITY,its officers,agents and
employees,harmless from any and all claims,damages,losses,liabilities
and expenses,direct,indirect or consequential arising out of or in
consequential arising out of or alleged to have arisen out of or in
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consequence of the negligent ads, errors or omissions furnished by or
operations of the CONTRACTOR or his subcontractors,agents, officers,
employees or independent contractors pursuant to the Agrocment,
specifically including but not limited to those caused by or arising out of
any act,omission,negligence or default of the CONTRACTOR and/or his
subcontractors,agents,servants or employees in the provision of the
services under the Agreement
7.02 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 attorneys fees
(including appellate attorneys fens)and costs.
7.03 CITY reserves the right to soled 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. Nothing contained herein is intended nor shall it be construed
to waive CITY's rights and immunities under the common Iaw or Florida
Statutes 768.28, as amended from time to time.
7.04 PATENT AND COPYRIGHT MEMNIFICATION: The
CONTRACTOR agrees to indemnify,defend,save and hold harmless the
CITY,its officers,agents and employees, from all claims, damages,
losses,liabilities and expenses arising out of any alleged infringement of
copyrights,patent rights and/or the unauthorized or unlieenced use of any
material,property or other work in connection with the performance of the
Agreement,
Section 8 TERMINATION
8.01 TERMINATION FOR CAUSE AND DEFAULT: In the event
CONTRACTOR shall default in any of the terms, obligations,restrictions
or conditions of the Proposal documents, CITY shall give written notice
by certified mail,return receipt requested to CONTRACTOR of default
and that such default shall be corrected or actions taken to correct such
default shall be commenced within three(3)calendar days thereof. in the
event CONTRACTOR has failed to correct the conditions of default or the
default is not remedied to the satisfaction and approval of CITY,CITY
shall have all legal ranedies available to it,including,but not limited to
termination of this Agreement in which case the CONTRACTOR shall be
liable for all procurement and reprocurement costs and any and all
damages pernutted by law arising from the default and breach of this
Agreement
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8.02 TERMINATION FOR CONVENIENCE OF CrIN: Upon seven (7)
calendar days written notice delivered by certified mail, return receipt
requested, to CONTRACTOR, CITY may without cause and without
prejudice to any other right or remedy,terminate the agreement for CITY's
convenience whenever CITY determines that such termination is in the
best interests of CITY. Where the agreement is terminated for the
convenience of CITY, the notice of termination to CONTRACTOR must
state that the Contract is being terminated for the convenience of CITY
under the termination clause and the extent of termination. Upon receipt
of the notice of termination for convenience, CONTRACTOR shall
promptly discontinue all work at the time and to the extent indicated on
the notice of termination, terminate all outstanding subcontractors and
purchase orders to the extent that they relate to the terminated portion of
the Contract and refrain from placing further orders and subcontracts
except as they may be necessary, and complete any continued portions of
the work.
Section 9. RECORDS AND AUDIT
9.01 CITY reserves the right to audit the records of CONTRACTOR relating to
work completed for the CITY at any time during the performance and
term of the Agreement and for a period of three(3)years after completion
and acceptance by CITY. If required by CITY,CONTRACTOR shall
agree to submit to an audit by an independent certified public accountant
selected by CITY. CONTRACTOR shall allow CITY to inspect,examine
and review the records of CONTRACTOR at any and all times during
normal business hours during the term of this Agreement.
Section 10. INDEPENDENT CONTRACTOR
10.01 It is understood and agreed that CONTRACTOR is and shall remain an
independent contractor with respect to the services being performed by
CONTRACTOR pursuant to this Agreement and shall not,for any
purpose,be deemed an employee of CITY.
Section 11. CONFLICT OF INTEREST
11.01 CONTRACTOR covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with this
Agreement has any personal financial interests,direct or indirect,with
CITY. CONTRACTOR further covenants that; in the performance of this
Agreement,no person having such conflicting interest shall be employed.
Any such interests,on tbepart of CONTRACTOR or its employees,must
be disclosed in writing to CITY.
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l l.02 CONTRACTOR is aware of the conflict of interest laws of the Municipal
Code of the City of Coral Springs,Broward County and the State of
Florida, Chapter 112, Florida Statutes(1995),as amended,and agrees that
it will fully comply in all respells with the terms of said laws.
11.03 CONTRACTOR warrants that it has not employed or retained any person
employed by CITY to solicit or secure this Agreement and that it has not
offered to pay,paid,or agreed to pay, any public official or person
employed by CITY any fee,commission,percentage, brokerage fee or gift
of any kind, contingent upon or resulting from the award of this privilege.
Section 12. ASSIGNMENT
12.01 CONTRACTOR shall not assign, transfer or subject the Agreement or its
rights, title or interests or obligations therein without CITY'S prior written
approval.
12.02 Violation of the terms of this paragraph shall constitute a breach of this
Agreement by CONTRACTOR and CITY may, at its discretion, cancel
this Agreement and all rights, title and interest of CONTRACTOR shall'
thereupon cease and terminate.
Section 13. COMPLIANCE WITH LAWS
13.01 CONTRACTOR shall comply with all statutes, laws, ordinances,rules,
regulations and lawful orders of the United States of America, State of
Florida,City of Coral Springs and of any other public authority which
may be applicable to this Agreement.
Section 14. VENUE
14.01 Any claim,objection or dispute arising out of the terms of this Agreement
shall be litigated in the Seventeenth Judicial Circuit in and for Broward
County,Florida and the prevailing party to any resultant judgment shall be
entitled to an award of all reason-able attorneys fees,paralegal expenses,
interest and court costs incurred by such prevailing party against the losing
party including reasonable appellate attorney's fees,interest and taxable
costs.
Section 15. GOVERNING LAW
15.01 The validity,construction and effort of this Agreement shall be governed
by the laws of the State of Florida.
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Section 16. rNSOLVENCY
16,01 In the event that either party shall become insolvent, make a general
assignment for the benefit of creditors,suffer or permit the appointment of
a receiver for its business or its assets or shall avail itself of; or become
subject to, any proceeding under the Federal Bankruptcy Act or any other
statute of any state relating to insolvency or the protection of rights of
creditors,or become subject to rehabilitation,then,at the option of the
other party and immediately upon written notice,this Agreement shall
terminate and be of no further force and effect.
Section 17. ENTIRE AGREEMENT
17.01 This Agreement contains the entire understanding of the parties relating to
the subject matter hereof supersed-ing all prior communications between
the parties whether oral or written,and this Agreement may not be altered,
amended,modified or otherwise changed nor may any of the terms hereof
be waived, except by a written instrument executed by both parties. The
failure of a party to seek redress for violation of or to insist on strict
performance of any of the covenants of this Agreement shall not be
construed as a waiver or relinquishment for the future of any covenant,
term,condition or election but the same shall continue and remain in full
force and effect.
Section 18. SEVERA.BILITY
18.01 Should any part,terra or provision of this Agreement be by the courts
decided to be illegal or in conflict with any law of the State,the validity of
the remaining portions or provisions shall not be affected thereby.
Section 19, NOTICES
19.01 All notices and other communications required or permitted under this
Agreement shall be in writing and given by:
19.02 hand delivery
19.03 registered or certified mail,return receipt requested;
19.04 overnight courier,or
facsimile to:
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CITY.
Erdal Diinmez,City Manager
City of Coral Springs
9551 West Sample Road
Coral Springs,Florida 33065
Telephone: 954-344-1142
Facsimile: 954-344-1043
with a copy to:
Angelo Salornane,Purc asing Administrator
MY a f Coral Springs
9551 West Sample Road
Coral Springs,Florida 33065
Tel ephon e: 954-3 44-110 0
Facsimile: 954-344-1196
CONTRACTOR:
Areadis U.S ,Inc.
630 Plaza Drive,Suite 200
Righiands Ranch,Colorado 80129
With copy to:
Samuel Rosania,Vice President
Arcadis U.S.,Inc.
8201 Peters Road, Suite 3400
Plantation,Florida 33324
Telephone' (954)761-3460
Facsimile: (954) 761-7939
19.06 or to such other address as any party may designate by nodee complying
with the teens of this Section. Each such notice shall be deemed
delivered:
19.06.1 on the date delivered if by persana7 delivery or
overnigM courier,or
19,06.2 on the date upon which the:eturn receipt is signed
or delivery is refused or the notice is designated
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by the postal authorities as not deliverable,as the
case may be,if mailed; and
19.06.3 on the date of transmission with confirmed answer
back if by fax.
20. WARRANTIES
20.01 CONTRACTOR warrants to CITY that it is not insolvent, it is not in
bankruptcy pigs or receivership, nor is it engaged in or threatened
with any litigation, arbitration or other legal or administrafive proceedings
or investigations of any kind which would have an adverse effect on its
ability to perform its obligations under the Contract,
20.02 CONTRACTOR warrants to CITY that it will comply with all applicable
federal, state and local laws, regulations and orders in carrying out its
obligations under the Contract.
20,03 All warranties made by CONTRACTOR together with service warranties
and guarantees shall run to CITY and the successors and assigns of CITY,
21. NONDISCRIMINATION AND EQUAL OPPORTUNITY EMPLOI'MENT
21.01 During the performance of this Agreement,the CONTRACTOR shall not
discriminate against any employee or applicant for employment because
Of race, religion, color, sex or national origin. The CONTRACTOR will
take affirmative action to ensure that employees are treated during
employment,without regard to their race, creed, color, or national origin.
Such action must include, but not be limited to, the following:
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. The
CONTRACTOR(s) 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.
22. PERMITS,FEES AND NOTICES
22.01 CONTRACTOR shall secure all permits and fees,licenses and charges
necessary for the proper execution and completion of the work. The costs
of all permits,fees,licenses and charges shall be included in the price
except where expressly noted in the specifications requirement.
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Section 23. PERFORMANCE MEASURES
23.01 The parties acknowledge and agree that the performance measures are the
indictors to measure the quality of performance and service by the
CONTRACTOR to be utilized by CITY. The performance measures for
this Agreement are as designated in Exhibit"D", attached hereto and
incorporated herein.
23.02 CONTRACTOR shall also comply with the requirmnents outlined in
Exhibit"E"attached to and incorporated herein.
THE BALANCE OF THIS PAGE INTETIONALLY LEFT BLANK.
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IN WITNESS WHEREOF,the parties hereto have caused these presents to be
executed,the day and year first above written.
Zccnt
CO L GS
ATTEST:
0
Baccard,Mayor
g.4hl— haven, CRM,
tyCerk
Approved as to Form:
Sh Whitacre,D ty City Attom
eY
Arodis U.S.,Ina
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CONTRACTOR
ARCADLS U.S.,INC.
Print Name 54,*+ Rpy*jtt4—
Time VtcE T itGe'q-1
State of,�Dl, .._'
County o�% /�
On this,the,L3 d o lG1l'.� ,2013,before me,the undersi ed Notary
P 'c Qf e State of
l-' the foregoing instrument was admowledged b
(name of corporate officer),Title)
of {nsme of CONTRACTOR),
a ateoeofCONTRACMR)CONTRACTOR,on behalf of
the CONTRACTOR.
WITNESS my hand
and offidal seal
Noliq Publi
CYNTMA K NOEL
My OOMMIM!EE/BEiM
MME8 My Od,3M
saa atss
Printed,typ o
Public,exactly as commissioned
Personally kno� wn�__ to nne,or
Prod�a,entification:
(type of identification prodwW)
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13-B-097RFP
Exhibit A
Scope of Services
PRE-EVENT
1. Arcadis U.S. shall meet with City Staff and its debris hauler in a pre-hurricane annual
meeting on or before May I'of each calendar year to exchange information and review
applicable policies and procedures regarding preparedness activities.
2. Arcadis U.S. shall prepare a staffing table forecasting the number of monitors potentially
needed based on category one through five storm events with a projected amount of
debris.
3. Arcadis U.S. shall work with the City's Information Services Department to refine the
interfacing of data from its BaulPass System.
4. Arcadis U.S. staff shall attend hurricane preparedness meetings as follows: One meeting
when the CITY is within the five-day forecasting cone, one meeting per day to provide
preparation status while the CITY is within the three-day forecasting cone. Attendance at
these hurricane preparedness meetings may be through telephone conference calls with
the CITY's Contract Administrator or his designee. The parties acknowledge and agree
that additional meetings may need to be scheduled,if warranted.
5. Arcadis U.S. shall continue communication and coordination with FEMA to obtain
confirmation that HaulPass is a recognized method of data collection for Hurricane debris
monitoring and approved by FEMA prior to utilization by Arcadis U.S. for debris
monitoring required for the City.
6. Arcadis U.S. shall develop a standard data and file format reports in conjunction with the
Information Services and Financial Services Department.
7. Arcadis U.S. shall assign a Project Manager to the City's Emergency Operations Center,
at the hourly rate listed in the Price Proposal,attached hereto and incorporated herein as
Exhibit"C". The Project Manager shall be available and assigned to the City's
Emergency Operations Center within four(4)hours of being notified by City that the
Emergency Operations Center is open for designated event.
S. Assessing of a Temporary Disposal and Reduction Site to be compliant with State
Regulatory Requirements.
9. Arcadis U.S. shall conduct a yearly Training Workshop to include,but not limited,to the
following:
Page 1 of 4
Arcadis U.S. will prepare and conduct one training exercise for the City of Coral Springs
(City) staff utilizing the HaulPass System for debris management. During the workshop,
staff will participate in debris monitoring tabletop exercise as well as a field
demonstration of the System. The training workshop will Iast for one (1) day and will be
presented by two instructors from the Areadis U.S. Debris Management Team. This
service will be provided at no cost to the City.
Task 1: Debris Monitoring Tabletop Exercise
The tabletop exercise will serve as an introduction to Arcadis U.S. Debris Management
Team, as well as an introduction to the HaulPass System, During the tabletop exercise,
Arcadis U.S, staff will provide an overview of the HaulPass System, including how the
System is more effective than traditional, paper based methods of debris management,
and what City staff can expect during post-event debris management operations. During
the tabletop exercise,the Arcadis U.S. Debris Management Team will provide a step-by-
step explanation that will demonstrate to City staff how the System works and bow it can
enhance and streamline the City's debris management. operations and reporting
capabilities. The exercise will be interactive and City staff will be given the opportunity
to ask questions regarding debris management operations and the System, This portion of
the workshop will last for approximately four(4)hours.
Task 2:Debris Monitoring Field Demonstration
Once the tabletop exercise has been completed, the Arcadis U.S. Debris Management
Team will give City staff a hands-on field demonstration of the Automated Debris
Management System. During this portion of the workshop, City staff will participate in a
demonstration deployment of the System and observe how debris data is collected. First,
Areadis U.S. will demonstrate to the City how employees and equipment are registered
for use in the system. Then,Areadis U.S. will demonstrate data collection of ROW,ROE
and line-item debris types using mobile field equipment. Finally, the collected data will
upload onto the HaulPass Event Manager website and to view near real-time event
statistics. The City will have the opportunity to interact with the collected data in a OIS
mapping interface and will be able to run various system defined reports. This portion of
the workshop will last for approximately four (4) hours and will take place both in the
field and at the City's offices.
The training workshop will be conducted at a date selected by the City but before June 1
of each year.
POST EVENT
10. In the event of a storm event,Arcadis U.S. shall mobilize four(4)truck certification
specialist,four(4)monitors, and two (2) Temporary Disposal and Reduction Site(TDRS)
monitors within 24 hours of the ALL CLEAR being issued by the Emergency Operations
Center.
Page 2 of 4
11. Arcadis U.S. shall provide debris estimates and an appropriate monitoring staffing plan to
the Public Works Director for approval within 24 hours of the ALL CLEAR being issued
by the Police Department.
12.Arcadis U.S, shall provide the required dedicated staffing to include administrative and
data entry capability for the City, and decentralized from any other operational
responsibilities.
13.Arcadis U.S. shall provide a fully dedicated truck certification team as needed during the
recovery period.
14. Arcadis U.S. shall establish and man a command center within three days of the ALL
CLEAR being issued by the Police Department.
15.Arcadis U.S. shall provide a daily inventory of equipment and crews being deployed each
day.
16. Arcadis U.S. shall provide a preliminary production report by 6:30 a.m. of the following
workday when the Automated Debris Management System is in use.Manual reports shall
be submitted by noon of the following day.
17. Arcadis U.S. shall submit a weekly summary report by noon Monday for the previous
week to include daily and weekly production information for each designated hauler for
which the City has contracted for service. The report shall include type of debris,number
of loads,number of crews and trucks,projected debris collected and remaining,
completion schedules,cost information on debris collected,projected cost to complete,
call center and complaint data,and other problems or strategic issues.
18.Arcadis U.S. shall review all hauler invoices and make recommendations to the Director
of Public Works related to payment of hauler invoices. Consultant shall review hauler
invoices and make said recommendation(s)within one week of receipt of the invoices
from the designated hauler(s).
19. Establish a Command Center,
Arcadis U.S. will establish a temporary command center within 24 hours of the storm
passing. Arcadis U.S. will then establish a permanent, fully operational, command center
within 3 days of the storm passing and will maintain it for the duration of the recovery
effort.The command center will be provided at no additional cost to the City.
20.Arcadis U.S, shall provide a Call Center to answer customer inquires and complaints
regarding debris removal services. The call center will be provided at its command
center to field calls from the City's residents regarding debris recovery efforts. Call
center staffing will be provided in accordance with Arcadis U.S.established rate schedule
and will be located at Arcadis U.S. command center.
Page 3 of 4
21. Within the first year of the contract, Arcadis U.S, will draft a debris management plan for
the City. This will be accomplished at no additional cost to the City.
The parties acknowledge that some of the events for pre-event are required to be
continued during the post-event.
Page 4 of 4
EXHIBIT "A•1"
SCOPE OF SERVICES PROPOSED BY CONTRACTOR
S_coue of Proposed Services
As evidenced in the City of Coral Springs' (City's)RFP and the services requested,disaster
debris management and removal operations consist of a variety of tasks related to assessment,
right-of-entry,debris collection,transport,processing,and disposal of debris resulting from a
hurricane or other type of disaster.Although there are similarities between events,each event
provides its own set of extraordinary challenges.The debris removal and management operations
for the City Coral Springs(City.)would typically be provided utilizing a variety of means,
including debris contractors,quality assurance support contractors,City personnel and other
personnel on assignment from other local agencies.The operations would be performed under
the direction of the City in accordance with laws and guidelines of federal, state,and local law
authorities.
Overview
ARCADIS U.S.,Inc. (ARCADIS)has completed disaster recovery and debris management
projects totaling more than 30 million cubic yards and has overseen the management of over$1
billion in federal reimbursements resulting from disaster recovery operations.We approach and
measure our success by 1)Driving the recovery efforts to achieve the quickest and most efficient
cleanup; and 2)Maximizing the receipt of reimbursements for costs incurred.This is
accomplished by the use of technology, efficient information management, and deployment of an
experienced debris monitoring team.
Our Unlaue Disaster Debris Management Approach
ARCADIS has vast experience in all aspects of the services requested by the City in the RFP,
and those services are all part of our standard disaster preparedness,response,and recovery
operations for our clients.However,the key component to our Disaster Debris Monitoring
approach for the City is the use of our patented and exclusive automated debris data management
system(ADMS),HaulPassV,a Smart Card data capture and management system that completely
eliminates the need for paper(manual)load tickets during a debris removal mission, HaulPas&
is the only tested,proven,paperless,and reimbursed automated debris data management system
available. Through the use of mobile data capture technology and encrypted Smart Cards,
HaulPas&establishes a secure data environment for collection and management of critical
information on the prime contractor,subcontractors, contract parameters,vehicle specifications,
and debris removal and management efforts. Data collected in the HaulPas&system become
available almost immediately through an easily accessible secure web portal.
The HaulPass®system is supported in the field by our experienced debris monitoring team and
has proven successful in multiple deployments,with a proven history of FEMA reimbursement
as a recognized method of data collection for disaster debris monitoring. HauiPasso was
validated by the United States Army Corps of Engineers(USACE)in June 2008 in response to
ADMS requirements in the USACE Advance Contract Initiative(ACI), and was the only system
to have been offered by all respondents in all i I Regions under the ACI program,and the only
ADMS to be validated by the USACE. HaulPassID also meets all the City's objectives for an
ADMS.
The HaulPass®approach utilizes a credit card size plastic card that has a small programmable
memory chip.When a debris contractor vehicle is certified,the vehicle driver is issued a
HaulPass®card with the vehicle certification number(i.e.,the placard number) embedded and
encrypted on the HaulPass®card.The debris contractor is responsible for their HauIPass®card
and if lost or damaged is required to be recertified to receive anew card.
The debris load site monitor(i.a.,QA Field Monitor)is issued a unique identification number
which is embedded and encrypted on their Smart Card(QA Monitor Card),as well as a GPS
abled handheld unit with a Smart Card reader.The QA Field Monitor would use his/h
en er card
to sign-in to the PDA each morning.
In addition,each debris disposal site is equipped with a printer and handheld unit.The
PDA has a Smart Card reader which reads the HaulPass®and prints hard copies of the debris
load ticket for the vehicle driver,debris contractor and the City.Each debris site monitor(QA
Tower Monitor)will also be issued a unique identification number which is embedded and
encrypted on their Smart Card.The Tower Monitor will use their card to sign-in to the Tower
PDA each morning and sign-out each evening.
In general,the HaulPass®approach works as follows.The debris contractor presents their
HaulPassV card to the QA Field Monitor. The QA Field Monitor places the HaulPass®card in
the card reader to"write a ticket"onto the HaulPass®,By doing this, the Haulpass®card has the
date,time,QA's name and GPS location embedded on the card.The QA Field Monitor then
returns the HaulPass®card to the debris contractor so that the driver can proceed to the disposal
site to dump their load.upon arrival at the disposal site,the debris contractor provides the
HaulPass®card to the QA Tower Monitor who then inserts the card into the Smart Card reader
enabled PDA.The debris contractor's certification number is read from the HaulPassO card and
the vehicle's information appears on the PDA screen,including a picture of the certified vehicle,
to verify the placard number and that no alterations have been made to the vehicle.Upon
verification of vehicle information,the QA Tower Monitor enters the debris load type and
percent full.A load ticket is then printed for the vehicle driver and,simultaneously, the
HaulPass®card is erased with the exception of the contractor certification information.
The HaulPass®card is then returned to the debris contractor driver for use on the next load.
This approach entirely eliminates manual data entry of paper load tickets and data entry into a
database.
Once the debris disposal site has closed operations for the day the data gathered from the QA
Tower Monitor handheld is uploaded to the Event Manager application,which provides
graphical and tabular reporting of the day's events.
The Event Manager application is designed to fully automate many of the paper-based time
intensive processes required to maintain debris record keeping and accounting operations. The
HaulPass®system is a distributed suite of applications designed to perform as a central office
data repository enabling new and/or revised information to be distributed to various agencies,
contractors,or the public.Event Manager has been designed from the ground up as a web based
application and therefore can be made available to any hardware platform capable of running
Microsoft Internet Explorer browser.Access to the system is rigidly controlled thru role based
security.Data encryption algorithms are used at numerous places throughout the application to
protect sensitive data.
Event Manager delivers various tabular reports such as dail.y debris volume totals,number of
Load Tickets produced,volume of debris hauled by contractors, and total volume delivered to
the disposal site.
The Event Manager application is also a map based G1S application. GiS provides the user with
the ability to interact with load tickets,debris sites,contractors,field QAs,etc.on a geographic
basis.For example,one layer in the GIS presents all debris sites, another presents all Ioad tickets,
and a third layer is capable of displaying loads by contractor and subcontractor. Each of these
layers has associated map-based and tabular reports attached to it to enable the user to make
decisions with respect to contractor deployments,completeness of debris pick-up, etc,
While we encourage the use of our innovative HaulPass®System,our approach to debris
recovery operations is flexible, and we will adapt to the City's needs in terms of the Ievel and
type of support needed should you elect not to utilize our ADMS system_ In general, our
approach includes the key elements described in the following paragraphs.
Pre-Event Actions
As the City's Debris Monitoring team since 2006, we are well versed on the City's plans and
procedures,however, upon award of the contract,ARCADIS will meet with key members of the
City's team to review any updates to their existing plans and procedures as well as to provide a
refresher introduction of our pmtoeols,standard operating procedures(SOP),services and
equipment that is available for use in the event of a disaster.Our key project team members will
participate in this meeting,and will establish lines of communication with the City's key team
members.
Our approach is to obtain"the lay of the land"well before an event makes ImIdfall. We will
work together with the City to determine its specific needs in any given event scenario.As part
of the initial meeting, we will work closely with the City to create a list of action items and
schedule for implementing any prioritized action items(e.g.,CEMP,COOP and DMP plans or
plan revisions, SOPs, debris load tickets, contractor truck placards,certification forms etc.).
In addition,we will participate in the City's annual pre-hurricane annual meeting with City Staff
and Phillips&Jordan prior to May 1st of each year to discuss all preparedness activities;prepare
a staffing table based upon storm severity and debris estimations; coordinate with the City's
Information Services Department for confirmation of current interfacing data;attend any
hurricane preparedness meetings depending upon forecasting cone predictions; continued
coordination with FEMA regarding updated reimbursement and ADMS policies,as may be
applicable; assess any identified Temporary Disposal and Reduction Site(s)for regulatory
compliance and operational sufficiency;and conduct two training exercises for City staff,
including a table top exercise and a field demonstration of our HaulPass®system.
Lost-Event-Actions
Notwithstanding the actions we undertake routinely prior to an event, we will establish a
"forward point of contact''to be deployed with the City in the period immediately prior to any
impending hurricane landfall in order for us to react quickly following the event. We will
distribute a list of key personnel (Contact List)that can readily�mmYuaicate 3b5 days a year. In
the event of a disaster,we will work hand-in hand with the City to provide assistance as
necessitated by the event.
mobilization-Plans
Our mobilization plan is based on our experience with disaster recovery over the last 20+yam.
We have incorporated the lessons learned from put disasters into our plan for this contract.For
this assignment our primary base of operations will be a satellite office,established following an
event,or mobile command centers(RV's)as the need arises,with auxiliary support from our
nearby Plantation office location. We clearly understand the range of challenges when working
in a disaster affected area,including those associated with:staffing,lodging;vehicles;power
outages; communications; fuel;as well as food consumables.
Staffis
ARCADIS,through its wholly-owned subsidiary Rostan Solutions,LLC(ROSTAN),maintains
a core group of disaster response and recovery personnel capable of immediate deployment to a disaster affected area(usually within Iess than 4 hours). This team consists of a project manager,
an operations manager and between 6 to 12 specialists that provide the initial needs assessment
and coordination for the necessary resources and assets that are required to fulfill the City,s
requirements. If desired,a member(s)of this team will reside with the City during storm landfall
at the City's EOC or other designated facility. This individual is equipped with satellite and
cellular phones so they can communicate at the earliest possible time following landfall,
We follow-up on our first response assessment team with personnel from a"ready-list"of staff
from our www.debrismonitors.com database that are from Coral Springs and surrounding
communities,from local subcontractors(if required), and from our regional and national offices to"fill the gaps"until such time as we can provide local staffto fulfill the assignment.
Additionally,we have pre-positioned human resource teams that have begun proactive sourcing
of potential employees in the Coral Springs area.
In the event of a storm event affecting the City,we will,a#a minimum,mobilize four equipment
certification specialists,four load site monitors,and two Debris Management Site(DMS)
monitors within 24 hours of the all clear.Additional mobilization and staffing will be evaluated
and updated constantly and in coordination with the Debris Contractor's established mobilization
plans based upon the nature and severity of the event. We will also provide the dedicated
administrative and data entry staff necessary for the City,entirely separate from any other.
ARCADIS operational responsibilities.
Debris Eodmatlon
Debris estimation is critical to determining the type and size of the clean-up operation.
Typically,we evaluate the potential area to be impacted prior to an event and gather relevant
information regarding age,elevation,and type of facility, We base our damage and debris
estimations upon aerial,topographical, computer mod cling and visual reconnaissance of the
affected area compared to pre-event conditions. Within 24 hours of the all clear,we will provide
debris estimates and a specific monitoring staffing plan for the City's review and approval.
E ui meat Certification
ARCADIS has an experienced and fully dedicated equipment certification team prepared to
deploy immediately following an event and investigate potential equipment certification site(s),
establish the certification site(s),oversee certification operations, certify equipment,and provide
accurate record keeping to maximize reimbursement.We have established a protocol for
equipment certification operations utilizing pre-printed placards,digital photography,duplicate
certification forms, and bar coding(if requested)to eliminate potential for duplication or
contractor fraud.
Further,ARCADIS'equipment certification team will conduct random audits of contractor
vehicles and trailers to ensure the payload volume is consistent with the Certification placard.
We maintain strict policies regarding such certifications to discourage any intentional
manipulation.
Our tears will provide a daily inventory of equipment and crews being deployed each day.
Operations Center F eId O erations and Call Center
Within three days of the all clear,ARCADIS will,in coordination with the City,establish,an
Operations/Command Center from which we will coordinate field operations. Field monitors are
deployed with the debris contractors to monitor the loading of trucks and issuance of load tickets.
We typically establish area field supervisors that are responsible for a given geographic area,
including the specific DMS and load site monitors. Our project manager and/or operations
manager work closely with the City's recovery manager to address real-time events as they
occur,manage communications,deploy field staff,and make adjustments as necessary to
efficiently manage operations.
We have found timely data from the field in terms of trucks deployed,volumes of materials
received at each DMS,and areas of the City cleared each day plays an important role in a smooth
and efficient recovery effort.
In addition,we will provide and staff a Call Center to answer customer questions and address
complaints regarding debris removal services. The Cali Center will be located at our
Operations/Command Center,
Debris Management Operatigns and Reporting
Our experienced staff will provide feedback to the City on recovery efforts,hauling contractor
performance,DMS contractor performance,and overall debris recovery program efforts,
including suggestions to minimize impacts to infrastructure, and minimize restoration costs
following the event.ARCADIS provides daily reporting to document each day's activities.
Typical Daily Reports contain the following information;however,will be easily customized to
address all the City's daily/weekly/monthly informational needs:
•Daily and cumulative debris volumes collected by debris type
•Daily and cumulative debris volumes hauled out by type
•Staffing levels,by role
•Debris contractor activities by DMS
•Meeting summaries,notable events
•Weekly and monthly total debris program cost estimates
•Equipment certification totals
•Daily inventory of equipment and crews being deployed
•Equipment audits
`Data entry statistics
•Environmental monitoring activities
•Damage complaint status
Preliminary production reports will be provided by 6:30 a.m.of the following workday, and
weekly reports will be submitted by noon the following Monday for the previous week.
Load Site Monitoring
Our Load Site monitors are trained prior to deployment,in order to ensure the complete,
accurate,and legible completion of tickets during the loading of trucks. Our training also
includes safety concerns,eligibility requirements specific to the local, state,and Federal
requirements,and debris contractor monitoring procedures.
Debris Management Site(DAIS)Monkgring
DMS Monitoring, debris contractor administration,and debris recovery operations management
revolves around picking up the debris and,most importantly,managing the volumes of
information that is generated by this task.We provide DMS monitors which have extensive
experience in DMS monitoring activities and have worked with us on numerous disaster
recovery events.Our monitors are trained to verify the truck volume,accurately complete the
load ticket,document daily volumes managed, and observe contractor activities.
Quality Control
As previously discussed,one of our primary objectives is to ensure that the City receives all of
the reimbursement funds to which it is entitled.This requires a strict Quality Control approach
both in the field operations and in data management.ARCADIS employs a number of
procedures throughout the debris management effort to achieve our objective of maximizing
reimbursement.Typical procedures include initial and regular follow-up meetings with FEMA
supervisors to confirm their requirements, area supervisors that monitor field and DMS
operations,frequent ticket collection and audits to be sure all necessary information is being
collected,(if applicable)including locations, and frequent audit of data entry(if applicable).
ARCADIS typically conducts random audits of contractor vehicles and trailers to ensure the
payload volume is consistent with the Certification placard. We maintain strict policies regarding
such certifications to discourage any intentional manipulation.
Further, we manage the debris contractor pursuant to the City and contractor's agreement, acting
as the owner's agent.
Debris Management Site Environmental Monitoring
Where requested,ARCADIS conducts environmental assessments at DMS'to document the
conditions before,during, and after use for debris management activities.In these cases,we
typically perform a Baseline inspection consisting of photo documentation and a written record
of existing conditions prior to any mobilization of equipment or placement of material.We also
conduct observations periodically throughout the period debris is collected,stored,processed,
removed from the site, and site restoration is completed. Following debris operations,
ARCADIS prepares a DMS closure report documenting the site conditions upon Closure, This
closeout report compares Baseline and Closure environmental conditions including a comparison
Qf analytical data collected,and visual comparisons. If required,we conduct both baseline and
closure groundwater and soil sampling to document conditions prior to and after debris
management activities and establish whether the DMS was adversely impacted by debris
management activities. Further,aerial photography may be provided to document overall site
activities throughout debris management operations.
Damaee Claim Assessments
Debris contractors work to restore the area as quickly and safely as possible using equipment not
designated for residential use.Despite their best efforts, some property damage may occur while
debris removal takes place. Assisting the City representative who receives residents'damage
claims,ARCADIS,if requested, takes on the role of the City's representative.ARCADIS
establishes contacts with the resident and contractor to ensure timely resolution of these
incidents.We visit and document the claims,and create an interactive project website and
database for claims tracking.The website provides for real time documentation of the actions
taken towards claim resolution. ARCADIS follows up with the resident to make sure
communications are clear between the two parties.ARCADIS also provides follow up phone
calls or site inspections to confirm the work performed,
Experience with Federal Reimbursement Programs and Funding UWbillty
ARCADIS has assisted many communities with debris management operations and has provided
assistance with Federal Emergency Management Agency(FEMA)and Federal Highway
Administration(FHWA)reimbursements and appeals following a natural disaster.Some of our
disaster consulting/debris management and FEMA reimbursement clients include;US Army
Corps of Engineers (NY,AL,LA,MS);New Jersey 19 Municipal Clients,Solid Waste
Authority Palm Beach County,FL; Hillsborough County,FL; Sarasota County,FL;Erie County,
NY; City of Daytona Beach,FL;and City of Buffalo,NY.
As part of our standard services for the City,we will review all hauler invoices and make
recommendations to the City related to payment of invoices within one week of receipt of
applications for payment.
Proiect Development and Maitiestion Plsnninz
The final component of our services is to make sure that what took place following the disaster is
properly documented and that the City maximizes its reimbursement potential from the Federal
Emergency Management Agency and the Federal Highway Administration,as well as,pre-and
post-event mitigation grant funds. If requested,we have the necessary experience and qualified
team to assist the City with writing and reviewing FEMA project worksheets and any applicable
other reimbursement request documentation, such as FHWA, as applicable, as well as supporting
any appeals for requests to FEMA or any Office of Inspector General audits.
in addition,if requested,we can assist the City in developing programs, writing proposals and
submitting applications to granting agencies such as the Emergency Management Preparedness
and Assistance(EMPA) Competitive Giant Program and the Hazard Mitigation Grant Program
(HMGP).Projects will focus on addressing the City's specific needs in helping reduce the long
term risk to Be and property from all types of hazards.
TASK AUTHORIZATION FORM
DISAS'2'ER DEBRIS Al D G SERVICEs
TASK AUTHORIZATION No,
7bis2as$Autkmze:Uani`p3sso odbetweeu the City�#'Cora�SPringsand 'a U.S.
Inc.as required pursuant to the Agreement for Disaster Debris Monitoring Services
approved by the Coral Springs City Commission on ,2013
This Task Authorization provides for services in accordanoe with Exhibits"A"and"A-I,i
of the Agreement and further detailed in the Scope of Work below.
Payment(s)far such service shall be in accordance with Exhibit`°C"of the Agrecment.
Total costs for this Task Authorization shall not exceed$
SCOPE Of WORK:
Time is of the essence and work for this Task Authorization must be completed prior to
City of Coral Springs Arcadia,U.S.,ino.
Contract Administrator
BY:
BY:
Print Name: Print ATame:
Title: Title:
Date Date:
Arcadis U4,Inc.
Disastm Debris Monitoring Services
Doc. 122906
Lchibil"9"
EXHIBIT"C"
Price Proposal
Listed below Is ARCADIS'Price Proposal for the City of Coral Spring's, Disaster Debris
Monitoring Service proposal. This document describes the basis for compensation and
terms of payment.
Positions Hourly Rates
Project Manager $ 95.00
Operations Managers
� 85.00
GIS Analyst
$ 75.00
Field Supervisors
� 48.0b
TDSR Site/Tower Monitors 42.00
Collection Site Monitors
$ 38.00
Load Ticket Data Entry Clerks
$ 0.00
Billing I Invoice Analysts
$ 45.00
Project Assistants(Clerical)
$ 35.00
Field Coordinators(Crew Monitors)
$ 38.00
OTHER REQUIRED POSITIONS:
Proposer may include other positions, with hourly rates,as needed.
Positions Hourly Rates
Project Prindpahin-Cherge $ 190.00
Reimbursement Coordinator/Grants $ 150.00
Engineer/Scientists I Professional $ 140.00
EXHIBIT "D"
PERFORMANCE MEASURES
1. Mobilize four truck certification specialists,four monitors, and two TDSR
monitors within 24 hours of the ALL CLEAR being issued by the Police
Department.
2. Provide debris estimates and an appropriate monitoring staffing plan to the
Public Works Director for approval within 24 hours of the ALL CLEAR
being issued by the Police Department.
3. Provide dedicated staffing to include administrative and data entry
capability for the City,decentralized from any other operational
responsibilities.
4. Provide a fully dedicated truck certification team as needed during the
recovery period.
5. Establish a command center within three days of the ALL CLEAR being
issued by the Police Department.
6. Provide an inventory of equipment and crews being deployed each day.
7. Provide a preliminary production report by 6:30 a.m.of the following
workday when Haul Pass system is in use.Manual reports shall be submitted
by noon of the following day.
S. Develop a standard data and file format reports in conjunction with the
Information.Services and Financial Services Department.
9. Submit a weekly summary report by noon Monday for the previous week to
Include daily and weekly production Information by Contractor.Report shall
include type of debris,number of loads, number of crews and trucks,
projected debris collected and remaining, completion schedules,cost
information on debris collected,projected cost to complete,can center and
complaint data,and other problems or strategic issues.
10. Make recommendations for payment of hauler invoices within one week of
receipt.
11.Present invoices for Arcadis U.S. services by the 150 day of each month.
Arcadis U.S.,Inc.
Disaster Debris Monitoring Sen•ices
Doc. 122906
Exhibit"D"
EXHIBIT%'E"
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VIL SOW.Aw"Pattal on 4 StdtOtioa of saber Oaitrq tltt dfI>A Vie. F*w teme C.onopftHM"ypmko6 lhceoitr+licI ratust4onvittlww%rwypwpok
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R4 Ow ed in IiPF��eootriwta or tibtad ier 1r�ioprn suboonbaols p ohWd team
PMWWans d23 CFR P&i 230 arm mw appgo&k eo pmwW
L Rnt fir.aneereerkp.or arehitdtmat at+mioe oortsr+as.
1. Foen FHft-1273 must be- b b P�'
Phs'skdY i+ootporaltd in+ We)the bo rrl &adu5re Older 11248.41 CAR E0.oaoseuottart eorWatt twxkd m do Tdt 23 ftao xft 9Y C FR 1625- 23 USC Boom 14D,�e
errs rarfo ba tlhy°°nbaotc st d irterldeel for dabs Pale0tdJ.The PANd ifbIbn Act of 1573,as amended�U8C 7a q TseYf
atrir;ersuboatmraalorj must iasett this lam In aaoh d the CW Riphls Ad of 106i.as a wftd,and+eWtrd
stbcorrir+dand turiher ratSrrne Rs iKFusion e1 all toeror tier rspdatians Mudmp 40 C.FK Parts 21.25 and 27:and 23 CM
ayw ao►s ts IV prides,suppTws orso.siorsf.r*s).atltaaetants Puts 2W.230.and WS.
Tbt Tbt apPrKahte aegWrwnenh of Form FHWA-1273 are ottetr+cbr and at suhotntracbts vaaR oonpty taih:tht
kmwporwbd by refew for work done urdrrany ptadtw,e 1 }sod.for rtt eoereyirolion Mae In 41 CFR/C
all,renal eA I or aPOrnenl fw oOwsw*n.The the Standard Fadaf+d Equw ibelp t
p ww ooalraoice shm0 be tea;raq"br oeopxanom by,any s�otlstrstdion Catrinra 8pecltoa6als in 41 C .
mothaft
subaantraabt,lower.titrsuboortrsetxarseniotprwidrr.
Form FHWA•1273 must be►xtuded In al FeatrA.VW Pule:The VZ.DWmtm i of Labor h"0000kt ji*mow;r to
build wftUa*,k d subcontracts an
! d In bwer for On duerreinm Wb Efteur-Older 1124End a "
etiloaltracib lazak o p suboontraois for Pis d of tabor iioWM 41 CFR 03,mad 20
yt1 wnAoes, CFR IM1027. Thal atx*amft apa W&W the FIWWA have pwdaua Orden,mmtml&FO&meols meld VOWS nterwrya for Yr►authorltf wed Iht on�.
s"B"OF ee%iM).7t*dl:-WWK lldor chap be rnpmltebk TRe 27 U i9mettm+ R p73.ws ar
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or mwmbd{2P WC 7SSy weld TW Yr erwe CM RVA Act el
str+dae proride IM,as ar wwkd,and wtbad rrlokmFitp 40 CFR
mmY mow mm Fate fl-WA-IM to bid Pals 2f.20 and 27,mtrd 23 CUM tWb200.2iQ.PW WX
Flopmg or
o PHW mu6t �owtlwlts.h0lRoef.sht Thal*t v*VptoPWmismdwWiitm23CR23t1.App/rdbc
rbd iPd A,WA mm up rlt R1ttdW to-010 m b rye u.8.
mbwwwj in ME otuiraets,w bmwAmus meld Dtptlared d tabmr ats DL>I 3+nd q{ylrA ,
kp prrt►atse orwrs,nmht apourmb
and aterapaemtrtsiorsypfes or,irrkes rdskd b s 4_ERumt
aoastrucabn atx PU. oppoerr tEl r st►disatiat A#
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2 Satjeot b d*Wkatm'fty WAWia mcbd b the sbkwj www Ian,am-mitre a%m,"da ad met itteEt
r+p+a�6ats g CF12 ss,
iaotloru.lhesmooraraetiproMtimrssr►atfapplyba[lrwk 29pFFtttt30.29CFRiQ?'�-1ttZ7,41CFRORetnd4QCFA27)
I*to en 1ht ea+a w by the aorgracA�b"M apt mid old"of the Smaleay d Labor as stmSpmd by the
and with go asslPtsrtoe kwer under the olwa mrpg firs prowwo:prelaer b"h wale and b4ftW putswnt to 23
tornedmrtt superhbndmwe and b w'work perfar W at Ow is-SC.140"1 ownbla Em EEO and spoobo mft`am o t oor&ad by tsiuotwwt.stall-work,or by snboonkmcL mCkM standards!or 1*eorrtraotvr's ptojmpl etxhibes under
this contract.The provisions of the Americans with Disabilities 4.Recruitment When advestising for employees,the
Act of 1990(42 U.S.C.12101 at seq)set forth under 28 CFR contractor will include In all advertisements for employees the
35 and 2P CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer."Ail such
contract.in the execution of this contract,the contractor advertisements will be plaeett in publications having a large
agrees to comply with the following minimum spedffc circulation among minorities and woman In the area from
requirement activities of EEO: which the project work farce would normally be derived.
a.The contractor will work with the contracting agency end a. The codirector will,unless precluded by a valid
the Federal Govemment to ensure that it has made every bargaining agreement,conduct systematic and direct
good faith effort to provide equal opportunity with respect to Ail recruitment through public and private employee referral
of Its terns and conditions of employment and in their review sources iilwty to yield qualified minorities and women. To
of activities under the contract. meetthis requirement,the contradorwill identify sources of
b,The contractor will accept as its operating policy the identified souotardial on�grorocedunepa��s'and establish with such
following stalament: P whereby minority and warren
applicants may be referred to the contrector for employment
"R R the policy of this Company to assure that applicants consideration.
are employed,and that employees are treated during b. In the event the contractor het a valid bargaining
employment,without regard to their moo,religion,seY,color, agreement providing for exoluslve hiring hall mferala,the
national origin,age or disabilky. Such action shall include; contractor is expected to observe the provisions of that
employment upgrading,demotion,or transfer,recruitment or agreement to the exlerd that the system meets the contractor's
recruitment adverdsing;layoff or termination;rates of pay or compliance with EEO contract provisions. Where
other forms of compensation;and selection fortnaining, implementation of such an agreement has the affed of
including apprenticeship,pre-pprenticeshlp,andloron-the- dleraimfnefing against minorities or women,or obligates the
Job training." contractor to do the same,such Implementation violates
2. EEO Officer The contractor will designate and make federal nondiscrimination provisions,
known to the contracting officers an EEO Officer who will have a The contractor will encourage its present employees to
fine responsibility for and must be capable of effectively refer minorities end women as applicants for employment.
administering and promoting an active EEO program and who information and procedures with regard to refaning such
must be assigned adequate authority and resporWblitty to do applicants will be discussed with employees.
60.
S.Personnel Actlons:Wages,working conditions,and
9. Dissemination of Policy:Ali members of the contractor's employee benefits shall be established and administered,and
staff who are authorized to hire,supervise,promote,and personnel actions of every type.Induding hiring,upgrading,
discharge employees,or who recommend such adion,or who promotion,transfer,demotion,layoff,and termination,shall be
are substantially Involved In such action,wIk be made fully taken without regard to race,color,religlon,sex,national
cognisant of,and will Implement,the contradora EEO policy origin,age or disability. 'fine following procedures shall be
and contractual responsibilities to provide EEO In each grade foiloored:
and classification of employment. To ensure that the above
agreement will be met,the following actions will be taken as a a The contractor will conduct periodic inspections of project
minimum: site$to insure that working conditions and employee facilitlea
do not Indicate discriminatory treatment of project site
a. Perlodle meetings of supervisory and personnel office personnel,
employees wdl be conducted before the start of work and than
not leas oaten than once every six months,at which rime the b. The contractor will periodically evaluate the spread of
contractors EEO policy and Ito implementation will be wages paid within each C14681/eation to determine any
reviewed and explained, The meetings will be conducted by evidence ofdiaeriminatorywage practices,
the EEO Officer.
c. The contractor will periodically review selected personnel
b. All new supervisory or personnel office employees will be actions In depth to determine whether there is evidence of
given a thorough Indoctrination by the EEO Officer,covering discrimination. Wtrae evidanes Is found,the contractor will
all major aspects of the contractor's EEO obligations within promptly take correctva adlort. if the review Indicates that the
thirty days following their reporting for duty with the contractor. disrriminatian may extend beyond the actions reviewed,such
corrective sedan shell Include All affected parsons,
c. Ali personnel who are engaged in direct recruitment for
the project will be Instructed by the EEO Officer in the d, The contractor will prprnpffy investigate all Complaints of
ovitrator's procedures for locating and hiring minorities and alleged dl$Crim(nallon mods 10 the contractor In connection
women. with No obligations under this contract will attempt to resolve
such complaints,and will take appropriate corrective scion
d. Nodoot and posters setting forth the contredoes EEO within a reasonable time. if the Invaetigatlon Indicates that the
policy will be placed In areas Modify accessible 10 employees, discnm8nafon may affect peracrrs olher than the oomplalnent,
applicants for employment and potential employees. such comedho edion shall Include such other persons, upon
campiefion of each Investigation,the contractor win inform
e. The contractors EEO policy and the procedures to every complainant of all of their avenues of appear.
Implement such policy wNi be brought to the attention of
employees by means of meetings,employee handbooks,or G.Training and Promotion:
other appropriate meant.
a. The contractor will assist In locating,qualifying,and
Increasing the skills of minorities and women who are
2
applicants for Wnploymerd or Current employees. Such efforts with the requirements for and comply yyfh the American&with
should be rimed at developing full Jo urney love]status glaabOWes Act and al rules and maglddons established there
employees In the type of trade orjob ciaaiflrrtion Involved. under. Employee must provide reasonable accommodation In
b. Consistent with the contractor's work force requirements an haordsNpadMtmea unless to do so would cause an
and as permissible under Federal and State regulations,the
contractor shall make full use of training programs,Le,, L Setecdon o►8vbcontractors,produrem9r*of btatertaia
apprenticeship,and on-the-job training programs for the sad Leasing Of Equipment:The contractor than not
geogmphiat Brea of contmet performance. In the event■ discriminate on the grounds of raft,color,religion,sex,
special provision for training Is provided under Ih%contract, notional origin,age or disability In the selecton and retanlion
this subparagraph will be superseded as Indicated in the arsubcwntradort,Including procurement of materials and
special provision. The contrscdtrrg agency may reserve bases of squipmerd. The contractor shall take all necessary
training poanbrts for persons who receive welfare assistance and reasonable a"to ensure nondisWmination in the
In scoomiamce with 22 U.S.C.140(a). adminislratlon of this contract.
c. The cor tmetor will advise employees and applicants for e. The confractor shall notify all parantlel suboontrsdm and
employment of available training programs and ordnance suppliant and losses of their EEO obligations under this
requirements for each, contract.
d. The contractor MU periodically review the training and b. The contractor w►il use good tattim efforts to ensure
promotion potential of employees Who are minadiea and subcontractor compliance with their EEO obligations.
women and will encourage eligible employees to apply for
such training and promotion.
7.Unions:tt the contractor rdlrs 11 whole or to part upon 10.Assurance Required by 49 CFR 26."(b):
urJons as a souse of employees,the contractor will use good a. The mquimmenffi of 4g CFR Part 2e and the f3tate
faith efforts to obtain the cooperation of such unlons to DOT's U.S.DOT-approved DBE program are incorporated by
Increase opportunities for minorities and women. Adions by reference.
the contractor,shher dire*or through a oontraclork
association acting as agent,will include the prccetlures set b, The contractor or subaonirador shall not discriminste on
forth below; the basis of rare,color,national origin,or sex In the
a. The contractor will use good faith efforts to develop,in performance of ibis contract. The contractor shag carry out
cooperation with the unions, oio train] applicable requirmente of 48 CFR Part 26 In the award and
P J training programs almed admWstration of DOT-aselsted oontrads. Failure by the
toward quafiybmg more minorities and women for membership contractor to carry out these regmlremerds is a material breach
In the unions and Increasing the aldik of minorWas and women of this contrad,whim may resuft in the termination of-this
so that they may quality for higher paying employment. contract or such other remedy as the contracting agency
b, The contactor wig use good faith efforts to incorporate an dawns appropriate.
EEO Gauss Into each union agreement to the and that such 11,Records and Reports:The contractor shall keep such
union will be contractually bound to refer applimnk without records as necessary to document compliance with the EEO
regard to thetr race,color,religion,ten,notional origin,age or requlramonts. Such records shall be retained for a period of
disability. three years following the data of the final payment to the
be available at
c, The contractor Is to obtain irdormal on as to the referral reasonable times an for all dplaces fforr Work and shall
by authored
practices and policies of the laborUnlon except that lathe representatives ofihe contracting agency and the FI-WA.
extent such Irdamatlon is within the exclusive possession of
the labor union and such labor anion refuses to furnish such a. The records kept by the contractor shall document the
Information to the contractor,the cornractorshafl so certify to fallowing.-
the cordading agency and shall set forth what efforts have
been made to obtain such information, (1)The number and work homes of minorlyr end non.
d. In the evert the Union fa unable to provide the contractor laumshg c�the bare and woman employed in each work
with a reasonable flow of referrals within the time limit set forth ��'
in the collective bargaining agreement,the contractorwNg, (2)The progress and efforts being made In coopemtion
through independard recruitment efforts,fig the employment wwhh unions,when applicable,to Increase employment
vacancies without regard to face,color,religion,sex,rational opportunities for minorities and women;and
origin,age or disab]ilty;making fun efforts to obtain qualified
andlorqualMfoble minorttle and women. The foflun of a union (S)The progress and efforts being made his bating,hiring,
provide
provide sufficient referrals
referrals u{even though It is obligated to training,quallf tg,find upgrading minortes and women;
provide exclusive referrals undergo brma of a ooledive
bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors wIn submit an orutuat
requirements of tads paragraph. In the evsrrt tha union referral ]sport to the contracting agency each July for raw duration of
practice prevents the contractor from meeting the obliigfitions the project,indicating the number of minority,women,and
pursuant to EXWAdva Order 11246,as amended,and these narrminclity group employees ctlmangy unpaged in each wwerim special provisions,such contractor shell Immediately notify the desslfication required by the contract work Thla information 7e
contracting agency. to be reported on FFrrm FHNJ -13Bt. The staffing data should
S. Reaonable/l000mmodal3on ter represent the pmjed work force on board In all or any part of
Applicants f the last payroll period preceding the end of July. If on4he-Job
Employeas with Disabilities: The contractor must be familiar training Is being required by special provision,the contactor
3
will be required to coked and report training date. The of paragraph 14 of this section;also,regular contributions
employment date should reflect the work force on board during made or costs incurred for more than a weekly period(but not
am or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs
July. 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 it*appropriate
III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for
the classification of work actually performed,without regard to
This provis kxn Is applicable to ai Faderel-ald construction skill,except as provided In 26 CFR 6.6(s)(4).Laborers or
contracts and to all related construction subcontracts of mechanics performing work in mope than one classification
$10,000 or more. may be compensated at the rate specified for each
classllfcatlon for the the actually worked thersit:Prov(ded,
The contractor must ensure that facr"diespmvided for That the employer's payroll records accurately set forth the
employees are provided in such a manner that segregation an time spent In each classification in which work Is performed.
the basis of race,color,religion,sex,or national origin carmot The wage determination(including any additional clessif Callon
resuti. The contractor may nether require such segregated and wage rates conformed under paragraph i.b.of this
use by wrMtsn or oral potleles nor tolerate such use by section)and the Delve-Bacon poster(ylg i_1321)shall be
employee custom. The contractor's obligation extends further posted at all tines by the contractor and Its subcontractors at
to ensure that is employees are not assigned to perform their the site of the work In a prominent and accessible place where
services at any location,under the contractors control,where ti can be eaally am bythe workers.
the facilities are segregated. The tart'facltlues'includes
walling rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer sham re ulre that an
time docks,restrooma,washrooms,locker rooms,and other q Y class of
storage or dressing areas,parking lobs,drinking fountains, laborers or mechariea,Including helpers,which is not listed In
recreation or entertainment areas,transportation,and housing the wage determination and which is to be employed under the
provided for employees. The contractor shad provide separate contract Mail be classified in conformance with the wage
or single-user mt.ooms and necessary dressing or sreapkV determination.The mftttfng officer shall approve an
.areas to assure privacy between sexes. additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
kV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification
requested Is not performed by a classification In the wage
This section is applicable 3o all Federal-aid construction
datermination;and
projects exceeding$2,000 and to all related subcontracts and
tower-Car subcontracts(regardless of subcontract size). The (p)The classification is utilized in the area by the
requirements apply to all projects located within the right-of- construction industry;and
way of a roadway that is functionally daseltiad as Federal-aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors,which are ezempL (ill)The proposed wage rate,including any bons fide
Contracllnp agencies may elect to apply these requiremens to range bsnelfts,beArs a reasonable relationship to the
other projects. wage rates contained In the wage determination.
The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be
Labor regulations in 29 CFR 5.5"Contract provisions and employed In the classification(if known),or their
related matters'with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the
1273 format and FHWA program requirements. classification and wage rate(Including the amount
designated for fringe benefits where appropriate),a report of
the action taken shall be sent by the contracting officer to the
1. Minimum wages Adminleirator of the Wage and Hour Division,Employment
Standards Adminle"llon,U.S.Department of Labor,
a.All laborers and machanics employed or woridng upon Washington.DC 20210.The Administrator,or an authorized
the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every
often than once a week,and without subsequent deduction or addtilonsl d4asifita4ort action within 30 days of receipt and
so advise the contracting officer or will notify the contracting rebate on any account(except such payroll deductions as are
officer
permitted by regulations Issued by the Secretary of Labor
within the 30.day period that eddplortal dnxe Jr.
under the Copeland Act(29 CFR part 3)),the full smauri of necessary.
wages and bona Ada fringe benefits(or cash equivalents
thereof)due at time of payment computed at rates not less (3)In the event the corrtrmctor,the laborers or mechanics
than those contained In the wage determination of the to be employed In the ctasstfication or their representatives.
Secretary of Labor which Is attached hereto and made a part and the contracting officer do not agree on the proposed
hereof,regardless of any contractual relationship which may classification and wage rate(lndud ng the amount
be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the
and mechanics. contradhg officer shall refer the questions,Including the
views of all Interested parties and the recommendation of the
Contributions made or costs reasonably anticipated for bona contracting officer,tD the Wage and Hour Administrator for
fide fringe benefts under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an
Act an behalf of laborers or mechanics are considered wages authorized representative,will Issue a determination within
paid to such laborers or mechanics,subject to the provsions 30 days of receipt and so advise the contrecting officer or
4
will notify the contracting officer within the 3Uay period that Bacon Act,the mrdrador shall maintain records which show
additional time is necessary, that the commitment to provide such benefits Is enforceable,
that the plan orprogram Is flnarielalpr responsible,and that the
(4)The wave rate(including hinge benefits where plan or program has been eomnrunlcated In writing to the
appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and raoonts which show the
1.b.(3)ofthis section,shall be paid to all workers performingcosts anticipated orthe actual coo Incurred In providing such
o W work in the clrk s rfl Is performed benefits.Controdors employing apprentices or Ineirlaes under
under tits contract from the llr4t approved programs shall maintain written evidence of the
day an which Work in the classlflatlon registration of tp(aienneeahlp programs and certification of
trains programs,the registration of the apprentices and
c.whenever the minimum wage rate prescribed in the trainees,and the miles and wage
contract for a class of laborers or mechanics includes a fringe applicable programs, rid"prescribed in the
benefit which is not expressed as an hourly rate,the contractor
shall either pay the benefit ea staled In the wage determinationor shall b,(1)The contraelor shall submit weekly for each week in
equivalent y@,eraof.another bona Ida friripe benefit or an hourly Bash which any coraract work Is peAornhad a Copy cf all pmyrops to
the contracting agency. The payrolls submitted Mail ad out
a Mately and oempletey all ofthe Information required to be
d.if the contractor does not make payments to a trustee or maintained under 28 CFR 6.600M(),excapt that full social
other third person,the contractor may consider ss part ofthe security numbers and home addresen shall not be Included
wages of any laborer or mechani the amount of any costs on weekly trans►r IMIL Instead the payrolls shall only read to
reasonably antclpated In providing bona fide fringe benefits Include an Individually lderttllylnq numberfor each employee
under a plan or program,Provided,That to Socratary of e.g.,the last four digits of the amployadr social smr#y
Labor has found,upon the w(don request of the contractor, number,,The rayulred weekly payrei Infotmation may be
that the applicable standards of the Davla-Bacon tact have sutmkted In any form dashed.OpoorW Form WH-347 is
been met.The Secretary of Labor may require the contractor available for this purpose from fie Wage and Hour DNisioe
to set aside in a separate Account Assets for the meeting of Web site at hap•YAwrv.dol.govfesaM41dfformeAvh34 htm
obligations under the plan or program, or hs successor eke.The prime Contractor Is responsible for
the submission of copies of payrolls by Ali subcontractors.
2. Withholding Contractors and suboWnsciors dial mainealn the fug social
security,number and current address of each covered worker,
and shall provide them upon request to the contracting agency
The contracting agency shall upon Its own action or upon for transmission to the State DOT,the FHWA or the Wage and
written request of an authorized representative of the Hour Division of the Department of Labor for purposes of on
Department of Labor,withhold or cause to be wlbftM from Imrestlgation or audit of compliance tutu prevailing wage
the contractor under this contract,or any other Federal requirements,It is not a violation of Ode section for a prime
contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and
&settled contract subod to Dayie43acon prevailing wage social secufly numbers to the prime contractor for Its own ,
requirements,which Is held by the same prime contractor.so records,without weekdy submission to the contracting agency.,
much of the accrued payments or advances as may be
considered necessary 10 pay laborers and mechanics,
Including apprenticee,trainees,and helpers,employed by the (2)Each payroll submitted shall be accompanied by it
contractor or Any subcontractor the%I amount of tisaw "Statement of Compliance,"signed by the contractor or
required by the onrdrect. In the event of feilure to pay any subcontractor or his or her agent who pays or eupervMes the
laborer or maoharric,Including any apprentice,trs6ree,or payment of the persons employed tattler the contract and shall
helper,employed or working on tfhe atte of the wort,all or part car*ft following:
of the wages repuired by the contract the contracting agency
may,after written notice to the contractor,take such action as (q That the payroll for the payroll period contains the
may be necessary to cause the suspension of any further information required to be provided wider§6.5(a)(3)pt)of
payment,advance,or guarantee or funds until such violattons Regulations,29 CFR part 5,the appropriate information is
have ceased• being maintained under§5.5(a)(3)(q of Regulations,2S
CFR part 5,and that such Infonnslon is cores!and
3, payrolls and basic records complete;
a. Payrolls and basic records miating thereto dad be M That each laborer or mechanic(including each
maintained by the contractor during the course of the work and helper,appren loe,and trainee)employed on the contract
preserved for a period of three years lbereefier for all laborers during the pry►roa period has been paid the fug weekly
and mectanles working at the site of the work.Such records '''ages aamaQ,without rebate,either directly or Indirectly,
shall contain the name,address,and social security number of and that no deductions have been made eMher directly or
each such worker,his or her correct classification,hourly rates indirectly from an full wages earned,of herthhan
of wages paid(ncluding rates of corrributions or costs permisslble deductions as set IIOM In Regulations,29 CFR
anticipated for bona We fringe benefts or cash equMlenls part 3;
thereof of the types described in se cUon t(b)(2)(B)of the
Dates-Becon Ad),daffy and weekly number of hoes wood, (rig That each laborer Or mechanic has been paid not
deductions made and actual wages paid,tMenevorthe less than the Applicable wage rates and hinge benefits or
Secretary of Labor has found under 29 CFR 5 that cash equivalents for the classifleation of work performed,
the wages of any laborer or mechanic Include the amount of as specified in the applicable wage delormination
any costs reasonably anticipated in providing benefits under a Incorporated into the contract,
plan or program described In section 1(b)(2)(B)of the Davis-
5
(3)The weekly submission of a properly executed rate specified In the applicable wage determination.
certlfcatlon set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with
WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the
'Statement of Compliance'required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits,
this section. apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
(4)The falsl6gUon of any of the above certttioations may classification.If the Administrator doW"ines that a different
subject the contractor or subcontractor to civil or criminal practice prevails for ow applicable apprentice duaMeation,
prosecution under sedan 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination.
title 31 oftine United States Code.
In the event the Office of Apprenticeship Training,Eripioyer
a The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency
required under paragraph 3.a,of this section available for recognized by the Office,withdraws approval of an
Inspection.copying,or transcription by authorized apprenticeship program,the aont►acW wig no longer be
mpresentatives of the contrading agency,the State DOT,the Permitted to ubize apprentices at less than the applicable
FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable
ropreswrtatives to Wervlew employees during working hours program Is approved,
on the job.If the contractor or subcontractor falls to submit the
required records or to make them available,the PMA may, b.Trainees(programs of the USDOL),
ofterwrdten notice to the contractor,the contracting agency or
the State DDT,take such action as may be necessary to
as provided In 29 CFR 5.is,trainees will not be
cause the suspension of any hither payment,advance,or permitted work at less than the
guarantee of funds.Furthermore,failure to submit the required Predetermined rate for the
records upon request or to make such records available may work performed unless they are erriWoyed pursuant to and
be grounds for debarment action pursuant to 29 CFR&12. individually registered In a program which has received prior
approval,evidenced by formal certificadon by the U.S.
Department of Labor.Employment and Training
4, Apprengoas and trainees Administration.
a.Appremicss(programs of the USDOL), The ratio of trainees to Journeymen on the job Site shag not be
greater than permitted under the plan approved by the
Apprentices will be permitted to work at lase then the Employment and Training Administration.
predetermined rate for the work they performed when they are
em ployed pursuant in and Individually registered in a bona fide Every trainee must be paid at not less than the rate specified
apprenticeship program registered with the U.S.Department of In the approved program for the trainee's level of progress,
Labor,Employment and Training Administration,Office of expressed as a percentage of the journeymen hourly rate
Apprenticeship Training,Employer and Labor Services,or with specged In the applicable wage detemllnafion.Trainees span
a State Apprenticeship Agency recognized by the Office,or If a be paid fringe benefits In accordance with the provisans of the
person is employed in his or her first 9tl days of probatlonary trainee program.if the trainee program does not mention
employment as an apprentice in such on apprenticeship fringe benefits,trainees shell be paid the fug amount of fringe
program,who Is not Individually registered in the program,but beneftts listed on the wage determination unless the
who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that
Training,Employer and Labor Services or a State them Is an apprenticeship program assoclated with the
Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rote on fha wage
probationary employment as an apprentice. determination which provides for less than full fringe benefits
for apprentices.Any employee listed on the payroll at a trainee
The allowable ratio of apprentices to journeyman on the job rate who Is not registered and participating In a training plan
site In any craft classification shall not be greater than time ratio approved by the Employment and Training Administration shall
permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage
the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed.
apprentice wage rate,who Is not registered or otherwise in addition,any trainee performing work on the job ails In
employed as stated above,shall be paid not low than the emu of the ratio permitted underthe registered program
applicable wage rate on the wage determnnatton for the shag be paid not leas then the applicable wage rate on the
clustficalton of work stAually performed.In addition,any wage determination for the work aotuegy performed.
apprentice performing work on the)ob site In excess of fine
ratio permltled under the registered program shall be paid not In the event the Employment and Training Administration
less then the applicable wage rate on the wage determination withdraws approval of a trminhng program,the conlraclorMn no
for the work actually performed.Where a contractor Is longer be permitted to utilize trainees at less then the
performing construction on a project in a locality other than appicable predetermined rate for the work performed until an
that in which Its program Is registered,the ratios and wage somptable program Is approved,
rates(egressed In percentages of the journeyman's hourly
(ate)speolfied In the contractoes or subcontractor's registered
program shag be observed. a Equal employment opportunity.The utilisation of
apprentices,trainees and Journeymen under this part shalt be
in oonformily with the equal employment opportunity
Every apprentice must be paid at not less than the rate requirements of Executive Order 11248,as amended,and 29
specified In the registered program for the apprentices level of CFR part 30.
progress,expressed as a percentage of the journeymen hourly
B
d.Apprentices and Trainees(programs of the U.S.DOT).
Apprentices and heiress working under appnsn0ceship and V. CONTRACT WORK HOURS AND 9AFETV
skill training programs which have been certified by the STANDARDS ACT
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not The following Clauses apply to any Federal-old construction
subject to the LULU ements of paragraph 4 of We,Sectlon IV, contrad In an amount In excess of$100,000 and sulged to the
The straight time hourly wage raw for apprentirse and UWAI lie provistors of the Contract ftrk}burs and Setlety
trainees under such programs will be established by the Standsrds Acl.These clauses shall be biaerted in arddnlon to
pafticular programs.The raft of apprentless and trainees to the douses required by 29 CFR 5.5(s)or 211 CFR 4.6.As
journeymen shall not be greater than permitted by the terms of used In this paragraph,the terms laborers slid mechanics
the particular program. Include watchmen and guards.
S.Compliance with Copeland Act requiromeats, The 1.OvartJme nquirsmenW No contrattortraubconflACtor
contractor shall comply with the requlremante of 29 CFR pert mrtlraating for any part of the Contract work whkit mry inquire
3,which are Incorporated by reference In this contract or Involve the empioymerrt of laborers or macharrtos shall
require or permit any such laborer or mechanic In any
6,Subcontracts, The contractor or subcontractor shall Insert workweek in which he or she is employed on such work to
Form FHWir1273 In any subcontracts and also require the work In excess of forty hour,in such workweek unless such
subcontractors to Include Form FHWA-1273 In any lower tier laborer or mechanic recelves compansatlon at a rate not We
subcontracts.The prime contractor shall be responsible for the than one and one-half tines the b@SIG rate of pay for all hours
compliance by any subcontractor or lower tier subcontractor worked In excess of forty hours In such workweek,
with all the contract clauses in 29 CFR&S.
2.Violation;llebglty for unpaid wages;liquidated
7.Contractterminaticm debarment. A breach afthe damages. in the event of any violation of the douse set forth
contract douses in 29 CFR 5.5 may be grounds for termination In paragraph(1.)of this section,the contractor and any
of the contract,and for debarment as a contractor and s subcontractor responsible thereforshog be table forfhe
subcontractor as provided In 29 CFR 5.12. unpald wages,In addition,such eom A,rfind subcontractor
shall be Ilable to the United Ststes On fins ass of work done
under contract for the District of Cokanbta or a territory,to such
S.Compliance with Davis-Bacon and Related Ad District or to such temtory),for liquidated demagas.Such
requirements.AU rulings and interpretations tithe Davis- liquidated damages shall be compuled with respect to each
Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen aryl
are herein Incorporated by reference In this contract, guards,employed In violation of the douse set forth in
paragraph(t.)cf this section,In the Sum of 610 for each
a.Disputes=Creaming laborsfandards.Disputes arising calendar day on which such Individual was required or
out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty
be sub)ed to the general disputes clause of thIs contract.Such htun without payment of the overtime wages required by the
disputes shall be resolved in ecooedance with the procedures clause set forth In paragraph(1.)of this section•
of the Department of labor set forth In 29 CFR parrs 5,6,and
7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wapea and liquidated dameges,
between the oontractor(or any of Its subcontmolam)and the The Fl-WA or the contacting agency shall upon to own action
contracting agency,the U.S.Department of Labor,orthe or upon written request of an authortted representative offfle
employees or their representsil es. Department of Libor withhold or cause to be withhold,from
any moneys payable on account of work performed by the
10.Corttflcatlon of eligibility, contractor or subcontractor under any such contract or any
other Federal contract with the some prime contractor,or any
other federsly-asslslied Corrtrard subject to[be Conimcl Work
a.By entering into this contract,the contractor ceRMsa that Hours and$afety Standards Act,which Is hold by the aame
neither It(nor he or she)nor any parson or firm who has an prime contractor,such sums as may be determined to be
Merest in the eontractoea film Is a person or firm ineligible to necessary to a■tlety any liabilities of such contractor or
be awarded Government contracts by virtue of section 3(s)of subcontractor for unpoid wages end liquidated damages as
the Davis-Bacon Ad or 29 CFR 5.12(s)(1). provided in the douse set forth in paragraph(2,)of this
section.
b,No part of this contract shall be suboontmeled 10 any person
or firm Ineligible for award of a Government contract by virtue 4,Subcontracts, The contractor or subcontractor @hat Insert
of section 3(a)orthe Devis-Bacon Ad or 29 CFR 5.12(a){t), In any subcontracts the clauses eel forth In paragraph(1)
through(4.)of this section and also a clause requiring the
m The penalty for making false statements is prescribed In 1he subcontractors to lade these clauses In any lower tier
U.S.Cominal Code,18 US.C.10M. subcontracts.The prime contractor shall be responsible for
compliance by any subcontractor or loaner list subcontractor
with the clauses set forth in paragraphs(1.)through(4)orthis
section.
7
evidenoed in writing and that it cordains all pertinent provisions
VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract.
This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is
contracts on the National Highway System. not applicable to design-build contracts;however,contracting
agendas may establish their own self-performance
1.the contractor shag perform with Its own orpantzatlon requirements.
contract work amounting to not less than 30 percent(or a
greater percentage if specified elsewhere In the contract)of
the total original contract prioo,excluding any specialty items VIT.SAFETY:ACCIDENT PREVENTION
designated by the contracting agency. Specialty Rams may be
performed by subcontract and the amount of any such T h I a p r o v i a i o n 1 s appllcoWe to all Federal-aid
specially items performed may be deducted from the total construction contracts and to all related subcontracts.
original contract price before computing the amount ofwork
required to be performed by the contractors,own organization 1. In the performance of this contract the contractor shall
(23 CFR 635.116). comply with all applicable Federal.State,and local laws
governing*afay,health,and sanitation(23 CFR 636).The
a. The term"perform work with Its own organization'refers contractor shall provide alt ssteguards,safety devices and
to workers employed or leased by the prime contractor,and prolsctive equlpmerd and take any other needed actions as It
equipment owned or ranted by the prime contractor.with or determimes,or as the conhadina officermay determine,to be
without operators. Such term does not Inciude employs*%or reasonably necessary to posed the life and health of
equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to
aye mile of the prime contractor,or any other assignees. The protect properly in connection with the performance of the
term may include payments for the costa of hbing leased work covered by the contract.
employees from an employee leasing Amn meeting all feiewnt
Federal and State regulatory requirements. Leased 2. It Is a condition of this contract,and shall be made a
employees may only be Included in this terry It Itne prime condition of each subcontract,which the contractor Orions Into
contractor meats an of the Irdowing conditions: pursuant to this contract,that the contractor and arty
subcontractor shall not permit any employee,in performance
(1)the prime contractor maintains control over the of the contract,to work In surroundings or under conditions
supervision of the doyao-day se lvi ies of the leased which are unsanitary,hazardous or dangerous to hWher
employees; health or safety,as determined under construction safety and
(2)the prime contractor remains responsible far the quality hearth standards(29 CFR 1926)promulgated by the Secretary
of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work
(3)the prime Contractor retains an power to accept or Hours and Safety Standards Act(40 U.S.C.$704).
exclude Individual employees from work on the project;and
(4)the prime contractor remains ultimately responsible for B.Pursuant to 29 CFR 1928.3.H is a condition of this contract
The payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative
submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of centred
other Federal regulatory requirements. performance to Inspect or Investigate IN matter of compliance
with the construction safety and heath standards and to carry
b."Specialty items"shall be construed to be limited to work out the duties of the Secretary under Section to7 of the
that requires highly apeciefzAd knowledge,abilities,or Contract Work Hours ant Sets Standards Act(40
equipment not ordinarily available Itt the type of contracting U.S.C.3704),
"a rdzatlorrs qualified and expected to bid or propose on the
contract as a whole and In general are to be Umlted to minor
components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
2.The contract amount upon which the requirements set forth
In paragraph(1)of Section VI is computed includes the cost of T h I s p r o v i s i o n i s applicable to an Fedem"Id
material and manufactured products which are to be construction contracts and to all related subcontracts.
purchased or produced by the contractor under the contract
provisions. In order to assure high quality and durable construction In
conformity with approved plans and specifications and a high
B.The contractor shall iumish(a)a competent superintendent degree of relabllky on statements and representations made
or supervisor who Is employed by the firm,has full authority to by engineers,contractors,suppliers,Ind workers on Federal-
direct performance of the work in accordance with the control old highway projects,it Is essential that ail persons concerned
requirements,and is In charge of all construction operations with the projed perform their functions as carefully,thoroughly,
(regardless of who performs the work)and(b)such other of its and honeetly as possible. Willful falsification,distortion,or
own organizstionel resources(supervision,management,and misrepresentation with respect to any facts related 10 the
engineering services)as the contracting officer detemhlnes Is project Is a violation of Federal law. To prevent arty
necessary to assure the performance of the contraoL masunderatanding regarding the seriousnasa of fheae and
almisr acts,Fore FMA-1022 shall be posted on each
4.No portlon of the contract shag be sublet,assigned or Fadersl-old highway project(23 CFR 636)in one or more
otherwise disposed of except with the wrNien consent of the places where It Is readily available to all persona Concerned
contracting ofrreer,or authorized representative,and such with the project;
oonsenl when given shot not be construed to relleve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the 18 U.S.G.1020 reeds as follows;
contracting agency has assured that each subcontract is
8
"Whoever;being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall
States,or of any state or Territory,or whoever,whether a submit an explanation of why It cannot provide the ceriflka8an
person,assactation,Linn,or coriwaflon,knowingly makes any set out below.The certification oretgfknstlon will be
false statement,false representation,or false report as to the considered in connection with the department or agency's
character,quaiity,quantity,or cost of the material used or to determination whether to ender iyrto this transaction.However,
be used,or the quanlity or quality of the work performed or to tallure of the prospective first tie r participant to furnish a
be performed,orthe cost thereof In connection with the certification or an explanation shall disqualify such a poison
submission of plans,asps,specifications,contracts,or costa boa participation in this transaction,
of construction on any highway or related project submitted for
approval to the Secretary of Transportation;or o.The certlficotiort in this clause Is a material ropmMdation
of fact upon which reliance was placed when the contracting
Whoever knowingly makes any fake statement,fake agency determined to order into this transaction.If 8 is later
representation,false report or fake claim with respect to the determined that the active Proap Participant Iviowingy rendered
character,quaNty,quantity,or cost of any work performed or to an erroneous certification.In addition to other remedies
be performed,or materials furnished or to be furnished,in avefiable to the Federal Government,the contracting agency
connection with the construction of any highway or talmled may term IrWe this transaction for cause of defaufL
project approved by the$swe try of TransportatbrC or
d.The prospeoti is first tier pas►Uapent shall provide
Whoever knowingly makes any fake statement orfatse Immediate written notlos to the conradng agency to whom
representation as to rtwtarial Riot In any statement,certificate, this proposal is subrrrifled if any Ume the prospective firat tier
or report submitted pursuant to pmvislons of the Federal aid partk#AM learns that Its certification ulnas erroneous when
Road*Ad approved July 1,1918,(30 StaL 355),me amended submitted or has become erroneous by reason of cWQed
and supplemanled: ckwmalanoee.
$hall be fined under this title or imprisoned not more than 6 e.The terms"covered transaction,""debarred,"
years or both.' %wpended,°ineligible;"participant,"person,- -pdWpol,'
and'WIuntarlly excluded,"as used In this clause,are defined
In 2 CFR Parts 180 and 1200. 'First Tier Covered
DL IMPLWENTA71ON OF CLEAN AiR ACT AND FEDERAL Transetdions'refers to any covered transaction between a
WATER POLLUTION CONTROL ACT grantee or subgranlae of Federal funds and a pairtidpsrd(such
ae the prima or general contrs4 'Lower Tier Covered
This provision is applicable to all Faderal-aid construction Transactions'refers to any covered transaction under a First
contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). 'F7retTler
Participant'refers to the participant who has entered into a
By submission of this bidlproposal or the execution of this coveted transaction with a g rantee or subgrantee of Federal
contract,or subcontract,as appropriate.the bidder,proposer, funds(such as the prime or general contractor). •Loner Tier
Federal-ald construction contractor,or subcontradw,as Padlcipant'refers anypartlelpant who has entered Into a
appropriate,will be deemed to have stipulated as follows: Covered trMaeetion with a First Tier Participant or other Lower
1.That an Tier Partk:ipante(such as subcontrectors and suppliers).
y parson who Is or will be utilized in the
performance of title contract is not prohtbiled from receiving an E The prospective fast tier participant agrees by submitting
award due to a violation of Section 508 of the Clean Water Act this proposal treat,should the proposed covered transection be
or Section 309 of the Clean Air Act. entered Into.It shag not knowingly antler Into any lower tier
2.That the oontraclor agrees to Include or cause to be oovered transaction with a person who is debarred,
Included the requirements of paragraph(1)of thin Section X In suspended,declared Ineligible,or voluntarily excluded from
every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by
the contracting agency may direct as a means of anfordng Ute department or agency aniarina into this transaction.
such requirements.
U.The prospective first tier participant further agrees by
submiting this proposal that it will Include the clause titled
X CERTIFICA71ON REGARDING DEBARMENT, 'Carlifa allon Regarding Debarment,Suspension,inefigr7rllriy
sUSPENSIO N,INELIGIBILITY AND VOLUNTARY and Vclurdary Et uWan4Awmr Tier Covared Transad m,m
EXCLUS iON provided by 111e department or mntracong agency,onto"
Into this covered transaction,wlMmout modification,in all lower
This provision is applicable to all Federal-aid construction tar covered transactions and in an solicitations for lower Gar
contrada,desigrt•bulld contracts,subcontracts,lower-tier covered transactions exceeding the$28,000 threshold.
subcontracts,purchase orders,lease agreements,oonsultent
contracts or any dfsr covered teneaction requlrirng FHWA h.A participant in s covered transaction may rely upon a
approval or that b estimated to coot$25,000 or more—as cartHlcstlon of a prospeCON particlpard 1n a lower far covered
defined In 2 CFR Parts 160 and 1200. transaction that is not debarred,suspended,ineligible,or
voluntarily excluded from the covered earejtWon,unless it
knows that the certification Is erroneous. A participant Is
responsible for ensuring that its principle are not suspended,
1.Inatructlone for Certification—Fire(Tier Participants: debarred,or otherwise In ellglble to partlofpsto In covered
t►ansectlons. To war*the eligibility of its principals as wait so
a.By signing and submitting 9*proposal,the prospective its eligibility of any lower tier prospective parilclpants,each
first tier participant Is providing the certification set out below. participant may,but Is not required to,chat*the Excluded
Parties List System website(tftjjAftML2WLg0A,which is
b.The inability of a person to pmvWe the codification set out compiled by the General Services Adm
below will not neoesserily result In denial of participation In this
9
1. Notting contained in the foregoing shall be construed to this transaction originated may pumve available remedies,
require the estabfishrrient of system of records in order to including Suspension andlordebarmant.
render to good faith the certification required by this clause.
The knowledge and stformatron of the prospective perkipard c.The prospective lowertier participani shall prev►de
Is not required to exceed that which Is normally possessed by immediate written notice to the person towhbh phis proposal Is
a prudent person in the ordinary course of bualness dealings. submitted if at any time the protpective lower tier participant
MOM that as Carpflcatl0n was erroneous by mason of
j.Except fortranseotiona authorized under paragraph(fj of changed circumstances.
these inslrueUons,M a partlelpant In a covered transaction
knowingly enders Into a lower tier covered transaction with a d.The terms'covered transaction,' 40barred."
person who is suspended,detained,Ineligible,or voluntariy "suspended,""Ineligible;"participant,"'pemon l'prtx9pal,,
excluded from partidpollon in this transaction,in addition to end"voluntarily excluded,"as used In this clause,are deflned
other remedies available to the Federal GovemmenL the In 2 CFR Parts 180 and 1200. You may contact the person to
department or agency may terminate this transaction for cause which title proposal Is submkted for assistance in obtain a
or defauM. Copy ofthose reguiatioris. 'First Tier Covered Tmrwations'
•`•"'
raters to any covered transaction beiwean a grantee or
subgrontee of Federal funds and a participant(such as the
prime or general contract). 'Lower Tier Covered Transactions"
A. CecaHon Regarding Debarnxnt,Suspension, prime
to any covered trarrsaetlon under a First Tier Covered
InellglbW and Voluntary Exclusion—First Tier Transaction(such as subcontracts). 'First Tier Participant"
Participants: refers to the participant who has Ordered Into a coveted
transaction with a grantee or aubgrantes of Federal funds
a. The prospective fret tier participant certlfws to the best of (such as the prime or general contractor). 'IewerTier
its knowledge and belief,that It and Its principals: Partlelps w refers any PlIffl parx who ham entered Into a
covered transaction with a Fuel Tier I'adlelpwd or other Lower
(1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and auppllem).
debarment,declared ineligible,or voluntarily excluded from
participating in covered transactions by any Federal e.The prospective lower tier participant agrees by
department Or agency; submitting this proposal that,should the case covered
transaction be entered Into,11 shall not knowingly
ngy enter Into
(2) Have not within a lhres-year period preceding this any lower tier covered transaction with a person who Is
proposal been convicted of or hod a cMl judgment rendered debarred,suspended,declared Ineligible,or voluntarily
against them for commission of fraud or a criminal offense in excluded from participation In this covered tranuaction,unless
connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this
a public(Federal,State or local)transaction or contract under transaction originated.
a public transaction;violation of Federal or State antitrust
statutes or commission of embezzlement,theft,forgary, f.The prospective lower tier participanl further agrees by
bribery,falsification or destruction of records,making false submitting this proposal that ti wits include this clause tilled
statements,or receiving stolen property; 'Cerlfflcation Regarding Debsmnent,Suspension,Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
(3) Are not presently irrdided for or otherwise criminally or without modification,In ON lower tier covered trensections and
chrfily charged by a govemmerdal entity(Federal,State or in all solicitations for laver tier covered transactions exceeding
local)with commission of any of the offenses enumerated In the$25.000 threshold.
paragraph(a)(2)of thla certification;and
4 have not within a three g.A partlelparri in a covered transaction may rely upon a
( ) year period graced! this OWK' tbn of a prospecthie participant in a lower for covered
appikationrproposal had one or more public imneaefions transaction that is not debarred,suspended,Ineligible,or
(Federal,State or local)terminated for cause or default, volurdariy excluded from the covered transaction,urdess it
knows that the certification Is erroneous.A participant!a
b. Where the prospective participant Is unable to certify to responsible for ensuring that its principals are not suspended,
any ofthe statements in this oertificstlon,such prospective debarred,or otherwise Ineligble to participate in covered
participant shall attach an explanation to this proposal, transactions. To verify the afiglbUtty of Its principals,as well as
the allgibliky of any lower tier prospective participants,each
2.Instructions for Certification-Lower Tier participants: participant may,but is not required to,check the Excluded
Parties LIM System webska which is
(Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration.
lower tier transactions requiring prior FHWA approval or
estimated to cost$25,000 or more-2 CFR Parts 100 and h.Nothing contained in the foregoing shall be construed to
1200) require establishment of a system of records in order to render
In good faith the Certification required by this dause.The
a.By signing and submitting this proposal,the prospective knowledge and Information of participard is riot required to
lower tier is providing the certMitx+Uon sal out below, exceed that which Is normally possessed by a prudent person
b.The oertlAcation in this dauae is a material repreaentatbn to the ordinary course of businesa dealings.
of fact upon which rellance was placed when this traneadlon I.Fxeept for transactions authorized under paragraph a of
was entered into.If A i later determined that the prospective these Instructions.IF a participant in a covered transaction
lower tier participant knowingly rendered an erroneous knowingly ertt m Into a lower tier covered transaction with a
certification,in addition to other remedies available to the person who is suspended,debarred.Inellgible,or volurdanly
Federal Government,the department,or agency with which excluded from participation In this transaction,In addltion to
other remedies available to the Federal Government,the
10
department or agency with which this transaction originated
may pursue available remedies,including suspension and/or
debarment.
Certification Regarding Debarment,Suspension,
ineliglbflltyand Voluntary Exriuslon—LowaTiff
Partialpants:
1.The prospective lower tier participant oertlfies,by
aubmiasion of this proposal,that neither it nor8s pri cipais is
preaentiy debarred,suspended,proposed for dabowwrit,
declared ineligible,or V01untarly excluded from porlicipat rig in
covered transoallons by any Federal department or agency,
2.Where the prospective lower Bar participant 1s unable to
certify to any ofthe statements In this certificatlon,such
prospective participant&hall attach an explanation to this
proposal.
•ff k♦
XL CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision Is applicable to to Federal-sid construction
contracts and to all related subcontracts which e=Aed
$100,000(Re CFR 20).
1.?'he pinepeceve participant oere6ee,by signing and
submitting M bid or proposal,to the beet 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
infuencing or attempting to Influence an officer or employee e
Any Federal agency,a Mrsmber of Congress,an oRtotr 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 makkhg of any
Federal loan.the entering into of any cooperative agreement,
and the axtenslon,continuation,renewal,smandaiwo,or
modification of any Federal Contract,grant,ben,or
cooperative Agreement,
b.if any funds other than Federal appropriated finds have
been paid or will be paid to any person for influencing or
attempting to Influence on 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 contrad,grand,loan,or
cooperative agreement,the undersigned shall complete and
submit Standard Form-LLL,'Disclosure Form to deport
Lobbying,"In accordance with Is instrudlons,
2.This certification is a material MPresentation offaet upon
which reliance was placed when#do transaction was made or
entered Into. Submisslon of this certification Is a prerequisite
for making orarderinq Into this trarwWon Imposed by 31
U.S.13,1 SM Any person who fells to file the requirad
corlificatlon shall be sub*ct to a dv/penalty of not last than
S10,D00 and not more than$100,000 for each such failure.
3.The prospecUw participant also agrees by submitting Its
bid or proposal that the participant shall require that the
language of thls certification be Included in all lower tier
Subcontracts,which exceed$100.000 and that all such
recipients shall certify and disclose accordingly.
11
ATTACHMENT A-EMPLOYMENT AND MATERIALS S.The contractor shall include the provisions of Sections 1
PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A In every subcontract for work
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which Is,or reasonably may be,done as on-efte work.
ROAD CONTRACTS
This provision is applicable to all Federal-ald projects funded
underthe Appalachian Regional DevelopmentAct of Igo,
1.During the performance of this contract,the contractor
undertaking to do work which Is,or reasonably may be,done
as on she work,shelf give preference to quaJitled persorat who
regularly reside In the labor area as designated by the DOL
wherein the conkadwork ie situated,or the subregion,or the
Appalachian oounties of the State wherein the cohtrad work Is
situated,except:
a.To the extent that qualified persons regularly residing In
the area are not avallable.
b.For the reasonable needs of the contractor io employ
supeniisory orapeciafly experienced personnel necessary to
assure an effident executlon or the contract work.
c.Forthe obligation of the contractor to offer employment to
present or former employees as the With of a lawful collective
bergafning contract,provided that the number of nonresident
persons employed under We subparagraph(1c)shall not
eracvod 20 percent of the totet number of employees employed
by the contractor an the contract work,except as provided In
subparagraph(4)below.
2.The contractor shall place it job order with the State
Employment Service Indicating(a)the classlfioations or the
laborers,mechanics and other employees required to perform
the contract work,(b)the number of employees required In
each classification,(e)the date on which line participant
estimates such employees will be required,and(d)any other
pertinent Information raqulred by the SWO 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 odglnat job order
is substantially modified,the participant shall promptly notify
the Mote Employment SeMce.
3.The contractor shall ghre fun consideration to all quellGed
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 classl6cellon of work req uired.
4.If,within one week following the pWng of ajob order by
the contractor with the State Employment Service,the Slate
Employment Service Is unable to rafer any qualified job
applicants to the corrlrerdar,or less than the number
requested,the Stale Employment Serolce will forward a
certMlcate to the contractor Indicting the unavanablllty of
applicants. Such certificate shall be made a part of the
contractor's pemranent project records. Upon receipt of this
certificate,the contractor may employ persons who do not
normally reelde In the labor area to fill positions covered by the
certificate,notwithstanding the provisions of subparagraph(1c)
above.
S. The provisions of 23 CFR 633207(e)allow the
Contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
12
Meeting May 17,2017
City of Coral Springs Department Financial Services
City Commission Meeting Agenda Item Initiated By Leo Bermudez
Summary Sheet DOC ID. 5355
SUBJECT: Disaster Debris Monitoring Services
PLACEMENT: Consent
REQUESTED ACTION: Request to renew the contract for Disaster Debris Monitoring
(INCLUDE CONTRACT Services, RFP 13-13-097, to Rostan Solutions, LLC, of Valrico,
START/TERM DATES) FL, from July 1, 2017 through June 30, 2021. (REQUEST TO
RENEW)
PROJECT REVIEWED BY
OR INCLUDED IN:
ATTACHMENTS: #1 —Amendment to Agreement
BACKGROUND:
In the event that a federally declared natural disaster strikes the City of Coral Springs, it is
essential that supplemental resources be in place to monitor and document the volume of
debris, and to ensure proper reimbursement from the Federal Emergency Management Agency
(FEMA),
The primary tasks of the debris monitoring firm are as follows:
• Pre-Event: Provide assistance to City staff through meeting and workshops, establish
data management systems, and provide debris volume estimates by neighborhood.
• Post Event: Provide qualified staff for monitoring of debris collection, issue load tickets
for verification, coordinate work areas for trucks, and conduct random audits of
contractor vehicles and trailers to ensure payload volumes are consistent,
• Data Management: Coordinate data recordation, prepare detailed estimates of
expenses, maintain a debris management system, provide periodic reports on work
progress, estimates, project completion, and cost forecasts.
At the June 19, 2013 City Commission meeting, a term contract for debris monitoring services
was awarded to Arcadis U.S. On May 18, 2016, the contract was assigned to Rostan Solutions,
LLC. This term contract may be renewed for one additional four-year period, commencing July
1, 2017 through June 30, 2021.
Due to the nature of this contract, no estimated dollar amount is possible. Any cost would
depend entirely on the severity of any given disaster and the amount of debris that is created,
and the duration of the monitoring service. Funding for this service would be drawn from a
special operating expenditure account created for the critical incident.
Public Works and Purchasing staff recommend that Rostan Solutions, LLC, be awarded the
contract renewal.
COPIES TO: R. Michaud, Director of Public Works
M. Heller, Director of Financial Services
S. Whitacre, Deputy City Attorney
J. Hearn, City Attorney
AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND
ROSTAN SOLUTIONS, LLC, A FLORIDA LIMITED LIABILITY COMPANY
FOR DISASTER DEBRIS MONITORING SERVICES (PRESENTLY
EXISTING UNDER THE CITY OF CORAL SPRINGS REQUEST FOR
PROPOSALS ("RFP") NUMBER 13-B-097)
This is an Agreement ("Agreement") dated 2019, between the City of
Dania Beach, Florida, a Florida municipal corporation ("City"), with its principal place of business
located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Rostan Solutions, LLC,
a Florida limited liability company ("Contractor"), with an address of 3433 Lithia Pinecrest Road,
Suite 287, Valrico, Florida 33596.
In consideration of the mutual covenants, terms and conditions contained in this Amendment,
and other good and valuable consideration, the adequacy and receipt of which are acknowledged and
agreed upon, the parties agree to the following:
The Agreement existing between Arcadis U.S., Inc. and the City of Coral Springs was dated
June 19, 2013. The Agreement was assigned to Rostan Solutions, LLC (the "Contractor") on May 18,
2016 and amended on May 17, 2017 to extend the term of the Agreement to June 30, 2021. The
Agreement and the Amendment are attached as composite Exhibit "A", and made a part of and are
incorporated into this Agreement by this reference; they shall be considered a part of this Agreement
between the City and the Contractor. This Agreement between the City and Contractor is valid
through June 30, 2021.
IN WITNESS OF THE FOREGOING, the parties have signed this Amendment, effective on
the date first written above.
CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
THOMAS SCHNEIDER, CMC LORI LEWELLEN
CITY CLERK MAYOR
APPROVED AS TO FORM
AND CORRECTNESS ANA M. GARCIA, ICMA-CM
CITY MANAGER
THOMAS J. ANSBRO,
CITY ATTORNEY
1
WITNESSES: CONTRACTOR:
ROSTAN SOLUTIONS, LLC, a Florida
Limited liability company
Signature Signature
PRINT Name PRINT Name
Signature Title
DATED:
PRINT Name
STATE OF FLORIDA)
COUNTY OF )
The foregoing instrument was acknowledged before me on 2019, by
, as of Rostan Solutions, LLC, a Florida
limited liability company, on behalf of the company. He/she is personally known to me or has
produced as identification.
My Commission Expires:
Notary Public, State of Florida
Print Name
2