2017-42 Debris Removal ContractRESOLUTION 2017-42
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT WITH
PHILLIPS AND JORDAN, INC. FOR HURRICANE/DISASTER DEBRIS
REMOVAL WITHIN THE VILLAGE IN ACCORDANCE WITH THE TERMS,
CONDITIONS AND PRICING SET FORTH IN AN EXISTING AGREEMENT
BETWEEN PHILLIPS AND JORDAN, INC. AND THE SOLID WASTE AUTHORITY
OF PALM BEACH COUNTY; AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village wishes to provide for debris removal within the Village in the event of a
hurricane or other disaster; and
WHEREAS, in providing for such debris removal, the Village wishes to piggy -back an existing
agreement between Philips and Jordan, Inc. ("Contractor") and the Solid Waste Authority of
Palm Beach County (Agreement No. 17-204B) ("SWA Contract"); and
WHEREAS, Contractor has agreed to provide the Village with debris removal services under the
same terms and conditions as the SWA Contract; and
WHEREAS, the Village determines that the execution of an Agreement with Contractor,
incorporating the terms and conditions of the SWA Contract, is in the best interests of the public
health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council of the Village of North Palm Beach, Florida, does hereby
approve an agreement between the Village and Phillips and Jordan, Inc. ("Agreement") to
provide for hurricane/disaster debris removal within the Village and authorizes the Mayor and
Village Clerk to execute the Agreement on behalf of the Village. A copy of the Agreement is
attached hereto and incorporated herein by reference.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 25TH DAY OF MAY, 20.7.
(Village Seat)
AYOR
AT`Y EST: ,
ZY
VILLAGE CLERK
AGREEMENT FOR HURRICANE/DISASTER DEBRIS REMOVAL,
REDUCTION AND DISPOSAL IN THE VILLAGE OF NORTH PALM BEACH
THIS AGREEMENT is made as of this 4Y -A day of , 2017, by and
between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Hig ay One, North Palm
Beach, Florida 33408, a Florida municipal corporation ("VILLAGE"), and Phillips and Jordan,
Inc., 10201 Parkside Drive, Suite 300, Knoxville, Tennessee 37922, a North Carolina
corporation ("CONTRACTOR"), whose Federal Employer Identification Number is 56-
0694573.
RECITALS
WHEREAS, the VILLAGE is in need of a contractor to remove, reduce or dispose of
hurricane/disaster debris within the Village of North Palm Beach; and
WHEREAS, the Solid Waste Authority of Palm Beach County ("SWA"), through its
competitive selection process, awarded County Contract No. 17-204B to CONTRACTOR for the
County's removal, reduction and disposal of hurricane/disaster debris ("SWA Contract"); and
WHEREAS, CONTRACTOR has agreed to provide such services within the VILLAGE
based on the terms and conditions, including pricing, set forth in the SWA Contract; and
WHEREAS, the VILLAGE desires to accept CONTRACTOR's proposal by piggy-
backing the SWA Contract as authorized by the VILLAGE's purchasing policies and procedures.
NOW THEREFORE, in consideration of the mutual promises set forth herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Recitals.
The parties agree that the recitals set forth above are true and correct and are fully incorporated
herein by reference.
2. Solid Waste Authoritv of Palm Beach Countv Contract.
The parties agree and acknowledge that this Agreement incorporates and 'includes all of the terms
and conditions, including pricing, set forth in Hurricane/Disaster Debris Removal, Reduction and
Disposal Agreement No. 17-204B dated May 5, 2017 between the Solid Waste Authority of
Palm Beach County and CONTRACTOR ("SWA Contract"), a copy of which is attached hereto
as Exhibit "1" and incorporated herein by this reference.
3. CONTRACTOR's Performance
CONTRACTOR shall provide those services set forth in the Scope of Services incorporated into
the SWA Contract as maybe specifically requested upon written notice from the VILLAGE.
Page 1 of 5
4. Compensation to CONTRACTOR.
A. Payments by the VILLAGE to CONTRACTOR under this Agreement shall not exceed the
Fee Schedule set forth in the SWA Contract.
B. For work performed pursuant to this Agreement, CONTRACTOR shall submit invoices to
the VILLAGE on at least a monthly basis for review and approval by the VILLAGE's
representative, indicating that the services have been provided and rendered in conformity with
this Agreement. The invoices shall be transmitted to the Finance Department for payment.
C. Invoices will normally be paid within thirty (30) days following the VILLAGE
representative's approval. CONTRACTOR waives consequential or incidental damages for
claims, disputes or other matters in question arising out of or relating to this Agreement. In order
for both parties herein to close their books and records, CONTRACTOR will clearly state "final
invoice" on CONTRACTOR's final/last billing to the VILLAGE. This certifies that all services
have been properly performed and all charges have been invoiced to the VILLAGE. Since this
account will thereupon be closed, any and other further charges if not properly included in this
final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice
from CONTRACTOR submitted thirty (30) days after the provision of all services.
D. The VILLAGE reserves the right to retain five percent (5%) of each invoice until such time
as the project is complete and all subcontractors and any material suppliers verify that they have
been paid.
5. Period and Renewals.
This Agreement shall be for the term as indicated in the SWA Contract, effective upon execution
by both parties. Extensions or renewals to the SWA Contract or any modification including new
products, terms, or price changes to the SWA Contract shall be submitted by CONTRACTOR to
the VILLAGE for approval. In the SWA Contract expires and no new contract is let by the
County, the VILLAGE reserves the right, upon written agreement with CONTRACTOR to
renew this Agreement under the same terms and conditions for an additional period of one (1)
year. All prior Agreements between the VILLAGE and CONTRACTOR are hereby repealed as
of the effective date of this Agreement.
6. Insurance.
CONTRACTOR shall obtain and maintain during the term of this Agreement all insurance
required under the SWA Contract, with the VILLAGE named as an additional insured.
7. Indemnification.
To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and/or causes of action arising
out of or in any way related to the services furnished by CONTRACTOR pursuant to this
Page 2 of 5
Agreement, including, but not limited to, those caused by or arising out of any act, omission,
negligence or default of CONTRACTOR and/or its subcontractors, agents, servants or
employees. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials,
agents, servants and employees when the occurrence results solely from the wrongful acts or
omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this
Section shall survive completion of all services provided for in this Agreement as well as the
termination of this Agreement for any reason. Nothing contained in this Agreement shall create
a contractual relationship with or a cause of action in favor of a third party against either the
VILLAGE or CONTRACTOR, nor shall this Agreement be construed a waiver of sovereign
immunity beyond the limited waiver provided in § 768.28, Florida Statutes.
8. Contract Administration.
Services of CONTRACTOR shall be under the general direction of the VILLAGE's Director of
Public Works, who shall act as the VILLAGE's representative during the terms of this
Agreement.
9. Conflict of Terms and Conditions.
In the event of any conflict between the terms and conditions of this Agreement and the terms
and conditions of the SWA Contract, the terms and conditions of this Agreement shall control.
10. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Agreement shall not
be deemed a waiver of that parties' right to enforce or exercise said right(s) at any time
thereafter.
B. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
C. If any legal action or other proceeding is brought for the enforcement of this Agreement, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Agreement, the successful or prevailing party or parties shall be entitled to
recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not
taxable as court awarded costs (including, without limitation, all such fees, costs and expenses
incident to appeals), incurred in that action or proceeding; in addition to any other relief to which
such party or parties may be entitled.
D. All notices, demands, communications or requests required or permitted under this
Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid,
to the addresses appearing on the first page of this Agreement.
Page 3 of 5
E. The VILLAGE and CONTRACTOR agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Agreement may be
added to, modified, superseded or otherwise altered, except by written instrument executed by
the parties hereto. Any provision of this Agreement which is of a continuing nature or imposes
an obligation which extends beyond the term of this Agreement shall survive its expiration or
earlier termination.
F. CONTRACTOR is aware that the Inspector General of Palm Beach County has the
authority to investigate and audit matters relating to the negotiation and performance of this
Agreement, and in furtherance thereof, may demand and obtain records and testimony from
CONTRACTOR. CONTRACTOR understands and agrees that in addition to all other remedies
and consequences provided by law, the failure of CONTRACTOR to fully cooperate with the
Inspector General when requested may be deemed by the VILLAGE to be a material breach of
this Agreement justifying its termination.
G. In performing services pursuant to this Contract, CONTRACTOR shall comply with all
relevant provisions of Chapter 119, Florida Statutes. IF CONTRACTOR HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERKgVILLAGE-
NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408.
As required by Section 119.0701, Florida Statutes, CONTRACTOR shall:
(1) Keep and maintain public requires required by the VILLAGE to perform the
service.
(2) Upon request from the VILLAGE's custodian of public records, provide the
VILLAGE with a copy the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided
in Chapter 119, Florida Statutes, or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the Contract term and following completion of the Contract if
CONTRACTOR does not transfer the records to the VILLAGE.
(4) Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public
records in possession of CONTRACTOR or keep and maintain public records
required by the VILLAGE to perform the services. If CONTRACTOR transfers
all public records to the VILLAGE upon completion of the Contract,
CONTRACTOR shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If
Page 4 of 5
CONTRACTOR keeps and maintains public records upon completion of the
Contract, CONTRACTOR shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
VILLAGE, upon request from the VILLAGE's custodian of public records, in a
format that is compatible with the information technology systems of the
VILLAGE.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal for the Village
of North Palm Beach as of the day and year first above written.
CONTRACTOR:
PHILLIOAND JORDAN, INC.
BY:�
Print Name:a�uo.na. • ���
Position: X11 le.
VILLAGE:
VILLAGE OF NORTH PALM BEACH
BY: �"J e ,
DARRYL C. AUWEY
MAYOR
ATTEST:
BY:
MELISSA TEAL,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
LEONARD G. RUBIN
VILLAGE ATTORNEY
Page 5 of 5
AGREEMENT
FOR
HURRICANE 1 DISASTER DEBRIS
REMOVAL, REDUCTION AND DISPOSAL
BETWEEN
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
:►I
PHILLIPS AND JORDAN, INC.
AGREEMENT NO. 17-204B
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
7501 NORTH JOG ROAD
WEST PALM BEACH, FLORIDA 33412
ARTICLE
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':�""JUUFI�MWWIIWINW'lIIIM{WIGGGGC�"MIMY�Lu..................
TABLE OF CONTENTS
PAGE
Effective Date... ......... .....__ .......,..1
Services to be Performed by Contractor......................................................1
Compensation...................................................................................................1
Insurance...........................................................................................................
2
Standard of Care.,..,,,....... ____ ....... ................ ,,, .........
3
Indemnification .. ............ ___ ........ ........ ........,..............
3
Independent Contractor.,___., . ....... __ ........
3
Authority to Practice.........................................................................................4
Compliance with Laws.....................................................................................4
Sub -Contracting ... ............................a,......... ,..... ......,........,....,.........................,,
4
Federal and StateTaxes.................................................................................4
Availabilityof Funds..........................................................................................4
Authority's Responsibilities.............................................................................4
Default .. . ........ ... ..... .........
4
Termination for Convenience.........................................................................5
Uncontrollable Forces........a...........................................................................a.5
Remedies ......... ........ ....... .. .........
5
Non-Discrimination...........................................................e...,....a.......,.,.,...........5
Waiver...,.................... ...... . .. ......... .....,..,.......6
Severability.......
6
Entiretyof Agreement...... ....................... .........6
Modification.......................................................................................................6
Successors and Assigns,..,.,,,.-.., ..a..,.. ,.,.6
ContingentFees...............................................................................................6
Truth -in -Negotiation Certificate ..... ........ ....................................................__7
Ownership of Documents...
Public Records, Access and Audits..............................................................7
Office of Inspector General.............................................................................8
Notice, ....... .. ,......9
Contract Administration... ......... ........................................... .,.,.
9
Key Personnel.._, ......... ......... ........, .................. _...,._............ ....9
Small Business Enterprise (SBE) .............................. ......... ................10
Scrutinized Companies ......... ......... ................10
Agreements with other Governmental Entities ........ .........a...................,....
10
Third Party Beneficiary Disclaimer..............................................................10
Confidentiality... __ .........
10
Escalation Clause...-...,. . .......... .......,- „...... .......10
Order of Agreement Activation / Location Assignment_ .......... .......
11
Task Order/Performance...............................................................................11
Bonds...............................................................................................................11
Buy America Requirements.....,, ...... ........ .....,., ....... ............
11
Disadvantaged Business Enterprises.........................................................12
Certification Regarding Suspension and Debarment...............................12
Access to Records and Their Retention.....................................................12
Audit Requirements.......................................................................................13
Agreement No. 17-204B
ARTICLE PAGE
46, National Environmental PolicyAct(NEPA)................................................13
47, Americans with Disabilities Act....................................................................13
48. Compliance with Title VI, Title VII and other
Federal Laws & Regulations.........................................................................13
49. Convict Labor Prohibition..............................................................................13
Agreement Execution....................................................................................................14
EXHIBITS
A. Scope of Work ............. ......... .. ...,...... ,.,..,, ..15
B. Fee Schedules ................ ..................... ,. ....., ....... .,...........,......28
C. SBE Plan ........... .......,....31
D. Debris Zones and Potential Temporary Debris Sites Map ...................... 32
E. Location of Publicly Owned Debris Management Sites-- ........... .......... 33
F. Task Order Disaster Debris Management... .. ........ 34
G. Mobilization Schedule....................................................................................35
H. Buy America Requirements..........................................................................36
I. Performance & Payment Bond....................................................................37
Agreement No. 17-204B
HURRICANE I DISASTER DEBRIS
REMOVAL, REDUCTION AND DISPOSAL
AGREEMENT NO. 17-204B
This Agreement is made and entered into as of May 5, 2017, by and between the Solid Waste Authority of Palm
Beach County, a special districtcreated by Chapter 2001-331, Laws of Florida, as amended, (hereinafter referred to
as AUTHORITY) and Phillips and Jordan, Inc. (hereinafter referred to as CONTRACTOR), a North Carolina
Corporation, whose Federal Employer Identification Number is 56-0694573.
Whereas, in accordance with the AUTHORITY'S Request for Proposal No. 17-204/SLB, solicited to employ the
services of the CONTRACTOR for the purpose of providing Hurricane/Disaster Debris Removal, Reduction and
Disposal; and,
Whereas, CONTRACTOR represents it is capable and prepared to provide such services.
Now, therefore, in consideration of the promises contained herein, the parties hereto agree as follows:
ARTICLE 1 -EFFECTIVE DATE
The effective date of this Agreement shall be May 8, 2017 through May 7, 2022.
Term of Agreement shall be for a five (5) year period, unless otherwise terminated as provided herein. The
AUTHORITY shall have the option of extending the Agreement for one (1) additional one (1) year period at the same
terms and conditions with approval from the AUT HORff Y's Governing Board. Such extension shall be in the form of
a written Amendment to the Agreement executed by both parties. The continuance of this Agreement from year to
year is contingent upon successful annual recertification of the CONTRACTOR'S capabilities. The recertification
process will be a review of the fiscal (bankruptcy, etc), logistical (equipment availability, etc.), and moral (conviction
for environmental crime, conviction for crime against a public entity, etc.) responsibility of the CONTRACTOR and a
determination by the AUTHORITY, based on this review, of whether or not the CONTRACTOR continues to be a
viable firm to provide the services described in this Contract.
ARTICLE 2 - SERVICES TO BE PERFORMED BY CONTRACTOR
CONTRACTOR shall perform the services as stated in the Scope of Work, Exhibit A, as may be specifically
authorized by the AUTHORITY. Such authorizations will be referred to as Task Orders. Each Task Order will set
forth a specific scope of services, rate/amount of compensation, completion date, and other pertinent details of the
task being authorized. The AUTHORITY, by virtue of this Agreement, gives the CONTRACTOR no guarantee of any
work/services or any specific amount of work/services that may be accomplished during the period this Agreement is
in full force and effect.
ARTICLE 3 - COMPENSATION
3.1 AUTHORITY shall pay CONTRACTOR in accordance with Fee Schedule, Exhibit B, which is attached
hereto and incorporated by reference as part of this Agreement. If needed, compensation may be
negotiated as a lump sum or not -to -exceed amount for any Task Order containing a task covered by the
scope of work ofthis Agreement but to which the Fee Schedule cannot readily be applied.
3.2 CONTRACTOR shall submit semimonthly invoices for services rendered. Invoices must reference the Task
Order number. Invoices shall include a statement of progress and appropriate audit quality detail to satisfy
FEMA requirements.
Agreement No. 17-204B 1 -
3.3 Payment of CONTRACTOR by AUT HORITY is not contingent upon the AUTHORITY being reimbursed by
the Federal Emergency Management Agency. Payment to CONTRACTOR will be made for any work
directed by the AUTHORITY which is determined by Federal and State agencies to be ineligible for
reimbursement.
3.4 Each individual invoice shall be due and payable thirty (30) days after receipt of correct, fully documented,
invoice bythe AUTHORITY. All invoices shall be delivered to:
Solid Waste Authorityof Palm Beach County
7501 North Jog Road
West Palm Beach, Florida 33412
Attention: Accounts Payable, c/o Mary Schultz
3.5 In order for both parties herein to close their books and records, the CONTRACTOR will clearly state "Final
Invoice" on the CONTRACTOR'S final/last billing to the AUTHORITY. This certifies that all services have
been properly performed and all charges and costs have been invoiced to the AUTHORITY. Since this
account will thereupon be closed, any and other furthercharges if not properly included on this final invoice
are waived by the CONTRACTOR.
3,6 The AUTHORITY will retain 5% of the payment under each Task Order until such time as the entire project
is completed to the AUT HORiTY'S satisfaction and all sub -contractors and any material suppliers verify that
they have been paid.
ARTICLE 4 - INSURANCE
4.1 During the performance of the Services under this Agreement, CONTRACTOR shall maintain the following
insurance policies, and be written byan insurance company authorized to do business in Florida.
1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each
occurrence, and with propertydamage limits of not less than $1,000,000 for each occurrence.
2. Automobile Liability Insurance with bodily injury limits of not less than $5,000,000 for each
person and not less than $5,000,000 for each accident and with property damage limits of not
less than $5,000,000 for each accident.
3. Workers' Compensation Insurance in accordance with statutory requirements and
Employer's Liability Insurance with limits of not less than $500,000 for each accident,
$500,000 for each disease, and $500,000 aggregate.
4. Excess Liability Insurance with limits of not less than $10,000,000 for each occurrence and
annual aggregate.
4.2 Deductible amounts shall not exceed 5% of the total amount of required insurance in each category. Should
any policy contain any unusual exclusions said exclusions shall be so indicated on the certificate(s) of
insurance.
4.3 CONTRACTOR shall furnish AUTHORITY certificates of insurance which shall include a provision that
policy cancellation, non -renewal or reduction of coverage will not be effective until at least thirty (30) days
written notice has been made to the AUTHORITY.
4.4 CONTRACTOR shall include AUTHORITY as an additional insured on the General Liability, Excess
Liability, and Automobile Liability insurance policy required by the Agreement. All of CONTRACTOR'S sub-
contractors shall be required to include AUTHORITY and CONTRACTOR as additional insured on their
General Liability insurance policies.
Agreement No. 17-204B - 2 -
4.5 In the event that sub -contractors used by the CONTRACTOR do not have insurance, or do not meet the
insurance limits, CONTRACTOR shall indemnify and hold harmless the AUTHORITY for any claim in
excess of the sub -contractors i nsu rance cove rage.
4,6 The CONTRACTOR shall not commence work under this Agreement until all insurance required as stated
herein has been obtained and such insurance has been approved bythe AUTHORITY.
ARTICLE 5 - STANDARD OF CARE
5.1 CONTRACTOR shall exercise the same degree of care, skill, and diligence in the performance of the
Services as is ordinarily provided by a comparable professional under similar circumstances and
CONTRACTOR shall, at no additional cost to AUTHORITY, re -perform services which fail to satisfy the
foregoing standard of care.
52 The CONTRACTOR warrants that all services shall be performed by skilled and competent personnel to the
highest professional standards in the field.
ARTICLE 6 - INDEMNIFICATION
6.1 GENERAL
Having considered the risks and potential liabilities that may exist during the performance of the services
and in consideration of the promises included herein, AUTHORITY and CONTRACTOR agree to allocate
such liabilities in accordance with this Article 6.
6.2 INDEMNIFICATION
The CONTRACTOR shall indemnify and hold harmless the AUTHORITY, and its officers and employees,
from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys fees, to the
extent caused bythe negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and
other persons employed or utilized bythe CONTRACTOR in the performance of the Agreement.
6.3 SURVIVAL
Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of
termination of this Agreement for any reason, the terms and conditions ofthis Article shall survive.
ARTICLE 7 - INDEPENDENT CONTRACTOR
7.1 The CONTRACTOR is, and shall be, in the performance of all work services and activities under this
Agreement, an Independent Contractor, and not an employee, agent, or servant of the AUTHORITY. All
persons engaged in anyof the work or services performed pursuantto this Agreement shall at all times, and
in all places, be subject to the CONTRACTOR 'S sole direction, supervision, and control. The
CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the
work, and in all respects the CONTRACTOR 'S relationship and the relationship of its employees to the
AUTHORITY shall be that of an Independent Contractor and not as employees or agents of the
AUTHORITY.
7.2 The CONTRACTOR does not have the power or authority to bind the AUTHORITY in any promise,
agreement or representation other than specifically provided for in this Agreement.
7.3 The CONTRACTOR shall not pledge the AUTHORITY'S credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further
warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the
terms of this Agreement.
Agreement No. 17-204B - 3 -
ARTICLE 8 - AUTHORITY TO PRACTICE
The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all licenses and
approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable
manner.
ARTICLE 9 - COMPLIANCE WITH LAWS
In performance of the Services, CONTRACTOR will complywith applicable regulatory requirements including federal,
state, special district, and local laws, rules, regulations, orders, codes, criteria and standards.
ARTICLE 10 - SUB -CONTRACTING
10.1 The AUTHORITY reserves the right to accept the use of a sub -contractor or to reject the selection of a
particular sub -contractor and to inspect all facilities of any sub -contractor to perform properly under this
Agreement. Rejection of any sub -contractor will be based on, but not limited to, negative references,
insufficient resources, orconviction of Public EntityCrime.
10.2 If a sub -contractor fails to perform or make progress, as required by this Agreement, and it is necessary to
replace the sub -contractor to complete the work in a timely fashion, the CONTRACTOR shall promptly do
so, subject to acceptance of the new sub -contractor bythe AUTHORITY.
ARTICLE 11 - FEDERAL AND STATETAXES
The AUTHORITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, the AUT HORff Y will
provide an exemption certificate to CONTRACTOR. The CONTRACTOR shall not be exempted from paying sales
tax to its suppliers for materials to fulfill contractual obligations with the AUTHORITY, nor shall the CONTRACTOR
be authorized to use the AUTHORff Y'STax Exemption Number in securing such materials.
ARTICLE 12 - AVAILABILITY OF FUNDS
The obligations of the AUTHORITY under this Agreement are subject to the availability of funds lawfully appropriated
for its purpose bythe Board of the Solid Waste Authorityof Palm Beach County.
ARTICLE 13 - AUTHORITY'S RESPONSIBILITIES
AUT HORff Yshall be responsible for providing access to all project sites, and providing information on hand required
by CONTRACTOR that is available in the files of the AUTHORITY.
ARTICLE 14 - DEFAULT
14.1 The AUTHORITY may, by written notice of defaultto the CONTRACTOR, terminate the Agreement in whole
or in part if the CONTRACTOR fails to satisfactorily perform any provisions of this Agreement, or fails to
make progress so as to endanger performance under the terms and conditions of this Agreement, or
provides repeated non-performance, or does not remedy such failure within a period of ten (10) days (or
such period as the Director of Purchasing Services may authorize in writing) after receipt of notice from the
Director of Purchasing Services specifying such failure. In the event the AUTHORITY terminates this
Agreement in whole or in part because of default of the CONTRACTOR, the AUTHORITY may procure
goods and/or services similar to those terminated, and the CONTRACTOR shall be liable for any excess
costs incurred due to this action.
14.2 If it is determined that the CONTRACTOR was not in default or that the default was excusable (e.g., failure
due to causes beyond the control of, or without the fault or negligence of, the CONTRACTOR), the rights
and obligations of the parties shall be those provided in Article 15 —Termination for Convenience.
Agreement No. 17-204B -4
ARTICLE 15 — TERMINATION FOR CONVENIENCE
15.1 The Director of Purchasing Services may, whenever the interests of the AUT HORITY so require, terminate
the Agreement, in whole or in part, for the convenience of the AUTHORrfY. The Director of Purchasing
Services shall give five (5) days prior written notice of termination to the CONTRACTOR, specifying the
portions of the Agreement to be terminated and when the termination is to become effective. If only portions
of the Agreement are terminated, the CONTRACTOR has the right to withdraw, without adverse action, from
the entire Agreement.
15.2 Unless directed differently in the Notice of Termination, the CONTRACTOR shall incur no further obligations
in connection with the terminated work, and shall stop work to the extent specified and on the date given in
the Notice of Termination. Additionally, unless directed differently, the successful CONTRACTOR shall
terminate outstanding orders and/or subcontracts related to the terminated work.
15.3 Unless the CONTRACTOR is in breach of this Agreement, the CONTRACTOR shall be paid for services
rendered to the AUTHORITYS satisfaction through the date oftermination.
ARTICLE 16 - UNCONTROLLABLE FORCES
16.1 Neither the AUTHORITY nor CONTRACTOR shall be considered to be in default of this Agreement if delays
in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of
reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall
mean any event which results in the prevention or delay of performance by a party of its obligations under
this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is
not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
16.2 Neither party shall, however, be excused from performance if nonperformance is due to forces which are
preventable, removable, or remediable and which the nonperforming party could have, with the exercise of
reasonable diligence, prevented, removed or remedied with reasonable dispafrh. The nonperforming party
shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force,
give written notice to the other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
ARTICLE 17 - REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce
the Agreement shall be in a State court of competent jurisdiction located in Palm Beach County. With the exception
of the choice of law and venue provisions contained herein, no remedy conferred upon any party is intended to be
exclusive of anyother remedy, and each and everysuch remedyshall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise
thereof.
ARTICLE 18 - NON-DISCRIMINATION
CONTRACTOR assures and certifies that it shall comply with Title VII of the Civil Rights Act of 1964, as amended,
and shall not discriminate against any individual on the basis of their race, color, national origin, religion, ancestry,
sex, age, marital status, familial status, sexual orientation, disability, or gender identityor expression.
Agreement No. 17-204B - 5 -
ARTICLE 19 - WAIVER
A waiver by either AUTHORITY or CONTRACTOR of any breach of this Agreement shall not be binding upon the
waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the
waiving parts rights with respect to any other or further breach. The making or acceptance of a payment by either
party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver
of anysubsequent default or breach.
ARTICLE 20 - SEVERABILITY
20.1 The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any
event rendering any portion or provision of this Agreement void, shall in no way affect the validity or
enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed
severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the
Agreement did not contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken prevision.
20.2 The provisions of this section shall not prevent the entire Agreement from being void should a provision
which is of the essence of the Agreement be determined to be void.
ARTICLE 21 - ENTIRETY OF AGREEMENT
The AUTHORITY and the CONTRACTOR agree that this Agreement sets forth the entire agreement between the
parties, and that there are no promises or understandings other than those stated herein. This Agreement
supersedes all prior agreements, contracts, proposals, representations, negotiations, letters or other communications
between the AUTHORITY and CONTRACTOR pertaining to the Services, whether written or oral. None of the
provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise
altered except bywritten instrument executed bythe parties hereto.
ARTICLE 22 - MODIFICATION
The Agreement may not be modified unless such modifications are evidenced in writing signed by both AUTHORITY
and CONTRACTOR. Such modifications shall be in the form of a written Amendment executed by both parties.
ARTICLE 23 - SUCCESSORS AND ASSIGNS
AUT HORITY and CONTRACTOR each binds itself and its partners, successors, assigns and legal representatives to
the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal
representatives. CONTRACTOR shall not assign this Agreement without the express written approval of the
AUTHORITYvia executed amendment.
ARTICLE 24 - CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the CONTRACTOR to solicit or secure this Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the
CONTRACTOR, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from
the award or making of this Agreement.
Agreement No. 17-204B -6.
ARTICLE 25 - TRUTH -IN -NEGOTIATION CERTIFICATE
25.1 Execution of this Agreement by the CONTRACTOR shall act as the execution of a truth -in -negotiation
certificate certifying that the wage rates and costs used to determine the compensation provided for in this
Agreementare accurate, complete, and current as of the date of the Agreement.
25.2 The said rates and costs shall be adjusted to exclude any significant sums should the AUTHORITY
determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates
or due to inaccurate representations of fees paid to outside contractors. The AUTHORrrY shall exercise its
rights under this "Certificate" within one (1) year following payment.
ARTICLE 26 - OWNERSHIP OF DOCUMENTS
CONTRACTOR shall be required to cooperate with other contractors relative to providing information requested in a
timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other
information shall become the property of the AUTHORITY for its use and/or distribution as may be deemed
appropriate bythe AUTHORITY.
ARTICLE 27 - PUBLIC RECORDS, ACCESS AND AUDITS
27.1 It is the intent of this Article to maintain compliance with the Florida Public Records Law, Ch. 119, Florida
Statutes, as amended effective July 1, 2016.
27.2 DESIGNATED RECORDS CUSTODIAN CONTACT INFORMATION:
RECORDS MANAGER
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
7501 NORTH JOG ROAD
WEST PALM BEACH, FL. 33412
561-640-4000 EXT. 4210
RECORDS CUSTODIANOSWA.ORG
27.3 The CONTRACTOR shall maintain records related to all charges, expenses, and costs incurred in
estimating and performing the work, in accordance with the timeframes and classifications for records
retention as per the General Records Schedule GS1-SL for State and Local Government Agencies (see:
I,ttt °//dos.dos.state.la.us/libi-a •archives/records-rraanaremen " eneral-records-schedules after completion
or termination of this Contract. The AUTHORITY shall have access to such records as required in this
section for the purpose of inspection or audit during normal business hours, at the CONTRACTOR's place
of business.
27.4 Notwithstanding anything herein to the contrary, the CONTRACTOR expressly acknowledges that: i) it is
providing a specific service to the AUTHORITY in the performance of this Contract; ii) acting on behalf of the
AUTHORITY in the performance of this Contract; iii) that it has read and is familiar with the Florida Public
Records Law, Ch. 119, Florida Statutes, as amended, and both understand its responsibility and obligation
to comply with this law; and iv) to the extent any question(s) arise regarding its duties to produce public
records, it shall contact the Records Manager with same.
27.5 Any public records requests directed to, or related in any way to this contract shall be directed solely to the
Records Manager. If the requested records are not in the possession of the Records Manager they shall
immediately notify the CONTRACTOR and the CONTRACTOR must provide the records or allow access to
the records within a reasonable time. A CONTRACTOR who fails to provide the records to the public
Agreement No. 17-2048 .7 -
agency within a reasonable time maybe subject to penalties under Florida Statutes (F.S) §119.10, and
§119.10(2) provides that a person who willfully and knowingly violates the Public Records Act commits a
misdemeanor of the firstdegree, which is punishable byup to a year in jail and a fine notto exceed $1,000.
27.6 Therefore, the CONTRACTOR is required to:
1) maintain public records that ordinarily and necessarily would be required bytheAUTHORITYin order to
perform the service;
2) provide the public with access to public records on the same terms and conditions that the
AUT HORITY would provide the records and at a cost that does not exceed the cost provided by Florida
law;
3) ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law; and
4) meet all requirements for retaining public records and transfer, at no cost to the AUTHORITY, all public
records in possession of the CONTRACTOR upon termination of the contract and destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure requirements.
When requested by the AUTHORITY, either during performance of the contract or after termination or
completion of the contract, all records stored electronically must be provided to the AUTHORITY in a
format that is compatible with the information technology systems of the AUTHORITY.
27.7 Failure of the CONTRACTOR to complywith these requirements shall be a material breach of this Contract.
27.8 CONSULTANT shall maintain financial and program records to justify all charges and costs incurred in
performing the work for at least three (3) years following final payment by the AUTHORITY as Federal
Emergency Management Agency sub -grantee as required by 2 CFR 200.333. The AUTHORITY shall have
access to such books, records, and documents as required in this section for the purpose of inspection or
audit
27.9 In the event records retention requirements in Florida Statutes Chapter 119 and 257 exceed those of FEMA,
the records shall be retained to comply with State of Florida requirements.
ARTICLE 28 — OFFICE OF INSPECTOR GENERAL
Palm Beach County has established the Office of the Inspector General (OIG), Ordinance No. 2009-049 which is
authorized and empowered to review past, present and proposed county contracts, transactions, accounts and
records. The AUTHORITY has entered into an Interlocal Agreement (ILA) for Inspector General Services. This
agreement provides for the Inspector General to provide services to the AUTHORITY in accordance with the
AUTHORITY, functions and powers set out in the Palm Beach County Office of Inspector General Ordinance. All
parties doing business with the AUTHORITY and receiving AUTHORITY funds shall fully cooperate with the
Inspector General including providing access to records relating to this agreement. The Inspector General has the
power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor,
and inspect the activities of the CONTRACTOR, its officers, agents, employees, and lobbyists in order to ensure
compliance with contract specifications and detect corruption and fraud. Failure to cooperate with the Inspector
General or interference or impeding any investigation shall be in violation of Ordinance 2009-049, and punished
pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Agreement No. 17-204B - 8 -
ARTICLE 29 - NOTICE
29.1 Any notice, demand, communication, or request required or permitted hereunder shall be in writing and
delivered in person or sent by certified mail, postage prepaid as follows:
As To AUTHORITY
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, Florida 33412
Attention: Mark Eyeington, Chief Operations Officer
Office No.: 561-640-4000 Ext. 4513 Fax No.: 561-640-3400 E -Mail: meyeington@swa.orq
As To CONTRACTOR
Phillips and Jordan, Inc.
10201 Parkside Drive, Suite 300
Knoxville, TN 37922
Attention: J. Patrick McMullen, President
Office No.: 865-688-8342 Fax. No: 865-392-3090 E -Mail: pmcmullen@pandi.com
29.2 Notices shall be effective when received at the addresses as specified above. Changes in the respective
addresses to which such notice is to be directed may be made from time to time by either party by written
notice to the other party. Facsimile transmission is acceptable notice effective when received, however,
facsimile transmissions received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will be deemed
received on the next business day. The original of the notice must additionally be mailed as required herein.
29.3 Nothing contained in this Article shall be construed to restrict the transmission of routine communications
between representatives of CONTRACTOR and AUTHORITY.
ARTICLE 30 - CONTRACT ADMINISTRATION
Services of CONTRACTOR shall be under the general direction of Mark Eyeington, Chief Operations Officer, or
his/her successor, who shall act as the AUTHORITY'S representative during the term of the Agreement.
ARTICLE 31 - KEY PERSONNEL
CONTRACTOR shall notify AUTHORITY in the event of key personnel changes which might affect this Agreement.
Notification shall be made within ten (10) days of said changes. AUTHORITY has the right to reject proposed
changes in key personnel. The following personnel shall be considered key personnel:
Julie Glenn, Disaster Services Coordinator
Office No.: 865-688-8342 Cell No.: 865-776-8919 Email: iglenn@pandi.com
Wayne Floyd, Director of Disaster Services
Office No.: 865-688-8342 Cell No.: 919-369-4685 Email: wfloyd@pandi.com
J. Patrick McMullen, President
Office No.: 865-688-8342 Cell No.: 865-392-3053 Email: pmcmullen@pandi.com
Agreement No. 17-204B - 9 -
ARTICLE 32 - SMALL BUSINESS ENTERPRISE (SBE)
The Governing Board of the AUTHORITY has set 15% as the AUTHORITY'S goal for small business participation in
contracts and purchases. CONTRACTOR'S submitted Plan showing how he/she will assist the AUTHORITY in
achieving this goal is incorporated into this Agreement as Exhibit C. The AUTHORITY will require periodic
documentary proof, acceptable to the AUTHORITY, of the implementation, progress, and final oulcome of the
proposed Plan. Failure to implement the Plan, or achieve reasonable interim progress, or achieve the final goal
reflected in the Plan, may be considered by the AUTHORITY as failure to perform a material provision of this
Agreement.
ARTICLE 33 - SCRUTINIZED COMPANIES
As provided in F.S. 287.135, by entering into any Agreement with the AUTHORITY, or performing any work in
furtherance hereof, CONTRACTOR hereby certifies that CONTRACTOR and CONTRACTOR'S affiliates, suppliers,
sub -contractors, consultants or agents of any type whatsoever who will perform hereunder, have not be placed on
the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran
Petroleum Energy Sector List created pursuant to F.S. 215.473. If the AUTHORITY determines, using credible
information available to the public, that a false certification has been submitted by CONTRACTOR, this
CONTRACTOR may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this
Agreement shall be imposed, pursuant to F.S. 287.135.
ARTICLE 34 - AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES
34.1 The CONTRACTOR agrees that this Agreement constitutes an offer to all State Agencies and Political
Subdivisions of the State of Florida under the same terms and conditions, for the same prices and for the
same effective period as specified in this Agreement; should the CONTRACTOR deem it in the best interest
of their business to do so.
34,2 The Agreement in no way restricts or interferes with any State Agencyor Political Subdivision of the State of
Florida from re -solicitation.
ARTICLE 35 - THIRD PARTY BENEFICIARY DISCLAIMER
It is not the intention of this contract to create third party beneficiary status in any person or entity that is not a direct
party to the contract awarded as a result of being the successful CONTRACTOR, and no language in the contract
should be construed or interpreted as creating a third party beneficiary.
ARTICLE 36 - CONFIDENTIALITY
No reports, information, computer programs, documentation, and/or data given to, or prepared or assembled by the
CONTRACTOR under this Agreement shall be made available to any individual or organization by the
CONTRACTOR without prior written approval of the AUT HORff Y.
ARTICLE 37 - ESCALATION CLAUSE
37.1 The AUTHORITY acknowledges the fluctuating nature of prices. Therefore, on each annual anniversary
date of the Agreement, the unit prices may be adjusted upward based on the following formula of indices:
37.2 Fifty (50) percent of the price will be adjusted by the average monthly percentage change over the twelve
(12) month period ending the May immediately preceding the date for which the price index adjustment is
effective in the Consumer Price Index - Urban Wage Earners and Clerical Workers - U.S. City Average -
Private Transportation (Series ID CWUROOOOSAT 1, not seasonally adjusted) as published by the Bureau of
Labor Statistics of the U.S. Department of Labor.
Agreement No. 17-2048 -10-
37.3 Fifty (50) percent of the price will be adjusted by the percentage change in the Average Hourly Earnings of
Production Workers (Series ID CEU2000000008) as published by the Bureau of Labor Statistics of the U.S.
Department of Labor over the one year period ending the May immediately preceding the date for which the
price index adjustment is effective.
37.4 In the event that either of these indices is no longer available the parties shall mutually agree to a
replacement index. The value of the adjustment will be determined bythe AUTHORITY.
ARTICLE 38 - ORDER OF AGREEMENT ACTIVATION / LOCATION ASSIGNMENT
The CONTRACTORS have entered into contingent Agreements with the AUT HORITY for Hurricane/Disaster Debris
Removal, Reduction and Disposal. The Agreements awarded will be activated on an as needed basis as solely
determined by the AUTHORITY. The AUTHORITY intends to activate the CONTRACTORS in the order of the
Selection Committee ranking, as best meets the needs of the AUT HORITY. The AUT HORITY reserves the sole right
to assign/reassign any or all CONTRACTORS at any time as may be deemed appropriate depending upon the
circumstance(s), the event, or any other condition which maywarrant such action.
ARTICLE 39 - TASK ORDER/PERFORMANCE
Task Orders shall be executed bilaterally and the scope of services and format of Task Order shall be mutually
agreed to by the CONTRACTOR and AUTHORITY. Performance will be measured by the metrics established in
each Task Order. After 1/3 and again after 2/3 of the stipulated number of days of work in the Task Order have
elapsed, the CONTRACTOR(s) shall provide a written progress report to the AUTHORITY for review and
acceptance. The AUTHORITY shall have the right to correct for CONTRACTOR default or underperformance by
any means it deems in its best interest. CONTRACTOR will be required to provide a daily report of quantity of work
performed under each Task Order. T he daily report shall be submitted by 11:00 a.m. or earlier the following morning.
ARTICLE 40 - BONDS
CONTRACTOR shall maintain a Proposal Bond in the sum of $500,000. The CONTRACTOR'S Proposal Bond will
be returned to the CONTRACTOR in exchange for and acceptance of an appropriate size bond as determined bythe
AUTHORITY after assessment of damage and definition of the CONTRACTOR'S scope of service. In case of
hurricane caused damage, a Category I storm would require a $2,000,000 Bond, a Category II would require a
$4,000,000 Bond, a Category III would require a $6,000,000 Bond, a Category IV would require an $8,000,000 Bond,
and a Category V would require a $10,000,000 Bond. The Bond required would be a Performance and Payment
Bond, Exhibit I. The cost of the Bond is included in the unit rates in the Fee Schedule, Exhibit B. The
CONTRACTOR shall maintain the Proposal Bond in effect until the Performance and Payment Bond is submitted to
and accepted by the AUTHORITY. If the CONTRACTOR fails to supply a Performance and Payment Bond, the
AUTHORITYshall be entitled to retain the Proposal Bond to rectifythe CONTRACTOR'S unacceptable performance.
Pending successful annual CONTRACTOR re -certification, the Proposal Bond shall be in effect for the entire term of
the Contract except for the period(s) of time when a Performance and Payment Bond is in effect.
ARTICLE 41 - BUY AMERICA REQUIREMENTS
The CONTRACTOR agrees to comply with the requirements of the Federal Buy America law (See 23 U.S.C. 313,
IST EA Sections 1041(a) and 1048(a), as they may be amended from time to time), as they relate to Federal -aid
contracts and the use of steel and iron produced in the United States. A description of the requirements of Buy
America is set forth in Exhibit H, which is attached hereto and incorporated by reference as part of this Agreement.
CONTRACTOR shall provide a certification statement regarding the origin of all materials or products covered under
the Buy America provisions and used in its performance of the Agreement in accordance with the requirements of
law and the AUT HORITY, FDOT, and FEMA, to the extent applicable.
Agreement No. 17-204B -11 -
ARTICLE 42 - DISADVANTAGED BUSINESS ENTERPRISES
42.1 This provision shall supplement Article 32 of the Agreement. The Agreement is subject to the requirements
of 49 CFR Part 26. The CONTRACTOR shall not discriminate on the basis of race, color, national origin, or
sex in the performance of the Agreement. The CONTRACTOR shall carry out the applicable requirements
of 49 CFR Part 26 in the award and administration of this U.S.DOT-assisted contract. Failure by the
CONTRACTOR to carry out these requirements is a material breach of Agreement, which may result in the
termination of this Agreement or such other remedy as the AUTHORITY deems appropriate, including but
not limited to the withholding of payments. Each subcontract the CONTRACTOR signs with a subcontractor
must include the assurance in this paragraph. (See 49 CFR 26.13.) Upon request, the CONTRACTOR will
provide the ALIT HORITY with a copy ofeach subcontract it enters into.
42.2 The CONTRACTOR is required to pay its subcontractors performing work related to this Agreement for
satisfactory performance of that work no later than thirty (30) days after the CONTRACTOR'S receipt of
payment for that work from the AUTHORITY. The CONTRACTOR may not hold any retainage from its
subcontractors unless pursuant to an agreement approved by the AUTHORITY. The CONTRACTOR shall
return all retainage payments withheld within thirty (30) days after the subcontractor's work has been
satisfactorily completed.
42.3 The CONTRACTOR shall, on a monthly basis, submit payment certifications, including a certification
regarding their truth and accuracy, for all payments it is seeking and certifications from all subcontractors
indicating who has been paid and how. The certifications shall comply with all Federal and State
requirements regarding the reporting of DBE participation. The CONTRACTOR shall, if required by the
AUTHORITY or FDOT, report its DBE participation monthly on the Equal Opportunity Reporting System
located on the Florida Department of Transportation's (FDOT) website found at
www,bi incweba s.com/bizwebflod(ia/. Audits may be conducted to review payments to DBE
subcontractors. The CONTRACTOR will fully cooperate with the AUTHORITY, FDOT or FEMA regarding
the monitoring of subcontractors and payments made thereto.
ARTICLE 43 — CERTIFICATION REGARDING SUSPENSION AND DEBARMENT
43.1 This Agreement is a covered transaction for purposes of 49 CFR Part 29. Accordingly, the CONTRACTOR
shall verify that neither the CONTRACTOR, nor its principals, as defined at 49 CFR 29.995, or affiliates, as
defined at49 CFR 29.905, are excluded or disqualified from participation in this Agreement as defined at 49
CFR 29.940 and 29.945,
43.2 The CONTRACTOR agrees to comply with the requirements of 49 CFR 29, Subpart C throughout the term
of this Agreement. The CONTRACT OR must include the requirement to comply with 49 CFR 29, Subpart C
in any lower tier covered transaction it enters into. CONTRACTOR'S certification is a material
representation of fact relied upon by the AUTHORITY. If it is later determined that the CONTRACTOR
knowingly rendered an erroneous certification, in addition to remedies available to the AUTHORITY, the
State or Federal Government may pursue any available remedies, including but not limited to suspension
and/or debarment. The CONTRACTOR further agrees that it will include a provision requiring such
compliance in all of its subcontracts or lower tier covered transactions.
ARTICLE 44 - ACCESS TO RECORDS AND THEIR RETENTION
44.1 This provision shall supplement Article 27 of the Agreement. The CONTRACTOR shall maintain adequate
records to justify all charges, expenses, and costs incurred in estimating and performing the Agreement for
at least five (5) years after completion or termination of this Agreement or FDOT's closure of an "emergency
event" with the Florida Division of Emergency Management, whichever comes last, except in the event of
litigation or settlement of claims arising from the performance of the Agreement, the CONTRACTOR agrees
to maintain said records until all litigation, claims, appeals or exceptions related thereto have been resolved.
Agreement No. 17-204B -12
The records shall be maintained at a location in Palm Beach County, Florida or such other location in
Florida approved bythe AUTHORITY.
44.2 The CONTRACTOR shall make all of its books, records, and other documents related, in any manner to its
or its subcontractors' performance of the Agreement, available to the AUTHORITY and any other funding
entity(e.g., FDOT, FEMA, the Comptroller General of the U.S. or any of their authorized representatives) for
the purpose of examination, audit, reproduction, excerpts and transcripts, during normal business hours, at
the CONTRACTOR'S place of business or if CONTRACTOR'S place of business is not located in Palm
Beach County, then at the location for maintenance of records referenced above. The CONTRACTOR shall
also require its subcontractors to make their books, records and documents available for examination, audit,
reproduction, excerpts, and transcripts, for the same duration and in the same manner, and at or near the
same locations required herein of CONTRACTOR.
ARTICLE 45 - AUDIT REQUIREMENTS
This provision shall supplement Article 27 of the Agreement. The CONTRACTOR agrees that audits may be
undertaken of its records related to its performance of the Agreement as may be authorized or required under OMB
Circular A-1 33, as revised. The CONTRACTOR agrees that it will comply and fully cooperate with the AUTHORITY
and any State and/or Federal funding agency(ies), including but not limited to FDOT, Florida's Auditor General,
FEMA, or any of their authorized representatives, in any audit or monitoring procedures or processes any such
entity(ies) may undertake related to CONTRACTOR'S performance of the Agreement.
ARTICLE 46 - NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)
The CONTRACTOR shall cooperate with the AUTHORITY, FDOT and FEMA so as to assure that all activities
related to the performance of this Agreement comply with the requirements of the National NEPA of 1969, as
amended, and the regulations and guidance related thereto.
ARTICLE 47 - AMERICANS WITH DISABILITIES ACT
The CONTRACTOR does hereby represent and certify that it will comply with all of the requirements of the
Americans with Disabilities Act of 1990 (42 USC 12102, et seq.), as it may be amended, and all applicable
implementing regulations of the U.S. DOT, FEMAand other Federal -aid agencies.
ARTICLE 48 -COMPLIANCE WITH TITLE VI, TITLE VII AND OTHER
FEDERAL LAWS AND REGULATIONS
The CONTRACTOR does hereby represent and certify that it will comply with all the requirements imposed by Title
VI of the Civil Rights Act of 1964 and Title VII of the Civil Rights Act of 1968, as they have been and may be modified
from time to time (42 USC 20004, et. seq. and 3601 et.seq.), and the Age Discrimination and Employment Act of
1967 and Section 303 of the Age Discrimination Act of 1975, as amended (42 USC 6102), and all applicable Federal
laws and regulations, policies, procedures and directives of the U.S. DOT, FEMA, and/or other Federal -aid agencies,
as they may be promulgated and amended from time to time.
ARTICLE 49 - CONVICT LABOR PROHIBITION
The CONTRACTOR does hereby represent and certify that it will comply with the convict labor prohibition in 23
U.S.C. 114, and all implementing regulations thereto.
Agreement No. 17-204B -13-
In Witness Whereof, the Solid Waste Authority of Palm Beach County, at a regular meeting thereof, by action of the
AUTHORITY Board authorizing and directing the foregoing be adopted, has caused these presents to be signed by
its Executive Director, and Phillips and Jordan, Inc. has executed this agreement all as of the day and year first
above written.
Witness:.
1.
qj
/'//� I'd
2.r );01W, "'�l
Approved as to Form and Legal Sufficiency:
By:
Cora "our scl to the Authority
Attest:
6�" Corporate�Secretry
Witness;
2,�".,
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY:
By. m6W1
Mark Hammond
Executive Director
PHILLIPS AND JORDAN, INC.:
ar„
By ...... f 7'
Name: 11111 %%ta a & u
Titre:
Approved by Authority Board on April 12, 2017, Item No. 5.1-1
Agreement No. 17-204B
-14-
(Corporate Seal)
EXHIBIT A
11 SCOPE OF WORK
PROJECT DESCRIPTION AND REQUIREMENTS
A. The CONTRACTOR shall remove and lawfully dispose of disaster -generated debris (other than hazardous
materials and household putrescible garbage) from public property and public right-of-ways, and to setup and
operate Temporary Debris Sites in Palm Beach County, Florida, immediately after a hurricane or other
disaster.
B. The CONTRACTOR submits he/she is capable of efficiently removing large volumes of disaster -generated
debris from a large area in a timely and cost-effective manner and lawfully disposing of all debris.
CONTRACTOR shall assemble, direct, and manage a work force that can complete the debris management
operations in 120 days or less. The duration of effort/completion dates of all tasks will be determined jointly by
the AUTHORITY and CONTRACTOR. This determination will beset in writing in appropriate TaskOrder(s).
C. The CONTRACTOR shall perform all work in accordance with FEMA guidelines in order to maximize recovery
of reimbursable expenses. This task shall include the provision of audit quality documentation as required by
and acceptable to FEMAfor all work accomplished.
D. The CONTRACTOR maybe required, at the AUTHORITY'S discretion, to be under the direction of an agent of
the AUTHORITY.
E. While intended to cover debris management needs in any major disaster scenario, the primary focus is on the
threat of hurricane damage to Palm Beach County, Florida. The planning standards used for this project are
based on the anticipated impacts of a named storm event or major flood impacting Palm Beach County,
Florida.
2. INTRODUCTION
A. The AUTHORITY'S disaster recovery planning includes considerations for removing and processing the
volumes and types of debris expected to be generated by a major disaster such as a hurricane and the
procedures for disposing of that debris. The planning approach is formulated in part on the concept of
strategic pre -positioning of plans and resources necessary for timely, coordinated recovery operations,
including removal of debris from public property and right-of-ways throughout Palm Beach County using a
combination of county, municipal, and CONTRACTOR forces.
B. If activation is required the AUTHORITY intends to activate contracts on an as -needed basis as solely
determined by the AUTHORITY. The AUTHORITY intends to activate the CONTRACTORS in the order of
final ranking as best meets the needs of the AUTHORITY. The AUTHORITY reserves the sole right to
assign/reassign any or all CONTRACTORS at any time as maybe deemed appropriate depending upon the
circumstance(s), the event, or any other condition which may warrant such action.
C. The AUTHORITY envisions the need for multiple Agreements to carry out the debris removal and disposal
work throughout Palm Beach County. The CONTRACTOR must have the experience and capability to
manage a major workforce with multiple subcontractors and to cover the expenses associated with a major
recovery operation prior to the initial AUTHORITY payment and between subsequent payments, as well as the
capacityto provide the necessary bonds and insurance. The CONTRACTOR must also have an established
management team, an established netwrk of resources to provide the necessary equipment and personnel,
comprehensive debris removal and volume reduction operations plans, and demonstrable experience in major
disaster recovery projects.
Agreement No. 17-204B -15-
EXHIBIT A
D. The Agreement will be a contingency Agreement that will be activated only in the face of an emergency. As
such, no compensation will accrue to the CONTRACTOR unless and until the Agreement is activated either in
anticipation of a natural disaster or immediately after such disaster.
E. The CONTRACTOR will be required to participate in certain AUTHORITY directed disaster recovery training
and/or exercises, 1 to 2 days each year, atno costto the AUTHORITY.
F. The AUTHORfTYdoes notgua►antee a CONTRACTOR will be activated if awarded a standby agreement.
WORK OBJECTIVE
3.1 Planning Standard for Debris Removal and Disposal
The AUTHORITY'S goal is to complete the debris removal and disposal process in 120 days. This
assumes that the entire area of the county will be accessible within that period. Due to the low elevation
and potential for flooding, some areas might not be accessible for several weeks after a major natural
disaster. The CONTRACTOR must be aware that it might not be possible to initiate operations in all parts
of the county simultaneously immediately after a storm.
3.2 Debris Management
a. Planning for debris management operations is a function of the AUT HORff Y as a supporting agency
to the Palm Beach County Department of Engineering and Public Works. The AUTHORITY'S
Emergency Management Coordinator will directthe debris removal and disposal operations.
b. Each CONTRACTOR will serve as a General CONTRACTOR for the purpose of debris removal and
disposal operations, and will be able to use his/her own and subcontractor resources to meet the
obligations of the Agreement. It is anticipated that the CONTRACTOR will use both local and
non -local subcontractors. Notwithstanding, the CONTRACTOR will make every effort to use
Small Business Enterprises (SBE), to the maximum extent practicable.
When a major disaster occurs or is imminent, the AUTHORITY will contact the CONTRACTOR to
advise them of the AUTHORITY'S intent to activate the Agreement(s). Debris removal will generally
be limited to debris in, upon, or brought to county residential private and public streets and roads,
right-of-ways, municipal properties and facilities, and other public sites (this includes debris from
customers assessed for residential solid waste and recycling collection services by the AUTHORITY).
The CONTRACTOR will be responsible for determining the method and manner of debris removal
and lawful disposal operations, consistent with the AUT HORrTY'S Debris Management Plan. Disposal
of debris will be at AUTHORITY approved Temporary Debris Sites or landfill sites. The
CONTRACTOR will be responsible for the lawful disposal of all debris and debris -reduction
by-products generated at all Temporary Debris Sites.
When a major disaster occurs or is imminent, the AUTHORITY will initially send out an Alert to the
selected CONTRACTOR(S). This Alert will serve to activate the lines of communication between the
CONTRACTOR representatives and the AUTHORITY. Subsequently, the AUTHORITYwill issue the
first Task Order which will authorize the CONTRACTOR to send an Operations Manager to the
AUT HORff Y within 24 hours of receiving such Task Order to begin planning for the operations and
mobilizing the personnel and equipment as necessaryto perform the stipulated work. This firstTask
Order will also direct the CONTRACTOR to execute the required Performance and Payment Bond.
The CONTRACTOR should anticipate receiving this first Task Order 24 to 72 hours before projected
landfall of a hurricane. Depending on the nature of the storm and circumstances the AUTHORITY
may activate more than one (1) CONTRACTOR.
Agreement No. 17-204B -16-
EXHIBIT A
e.
The general concept of debris removal operations includes multiple, scheduled passes of each site,
location, or right-of-way. This will allow residents to return to their properties and bring debris to the
private and public right-of-way as recovery progresses. The AUTHORITY will prescribe the specific
schedule to be used after ascertaining the scope and nature of the disaster's impacts.
f.
The AUTHORITY will make every effort to identify strategically located Temporary Debris Sites
throughout the county prior to a natural disaster. Depending upon the severity of the natural disaster,
additional Temporary Debris Sites will be identified as needed.
g.
The CONTRACTOR will operate the Temporary Debris Sites and only CONTRACTOR vehicles and
others specifically authorized by the AUTHORITY will be allowed to use the sites. Only one (1) level
of subcontractor will be allowed to operate the sites. There will be no multi-tiered subcontractors (sub
of a sub) allowed to operate temporary debris sites. The CONTRACTOR is responsible for all activity
at temporary debris sites operated by their subcontractor and must have an employee on site at all
times to oversee daily operations. The locations of publicly owned sites currently under consideration
are shown on Attachment C. Additional sites (privately owned mostly) may become available as
plans develop.
h.
The AUTHORITY may also establish designated homeowner drop-off sites. The CONTRACTOR will
be responsible for removing all eligible debris from those sites daily at the direction of the Emergency
Management Coordinator or designee.
L
Curbside segregation of debris and disaster-generated or related wastes will be an element of the
AUTHORITY'S disaster recovery program. The debris removal and disposal CONTRACTOR will be
required to aid in the segregation and waste stream management processes. Any Household
Hazardous Waste (HHW) encountered by the debris removal CONTRACTOR is to be set aside.
HHW disposal will be the responsibilityof the resident. The AUTHORff Ywill designate HHW drop-off
locations.
j.
The following items are considered HHW for the purpose of this Agreement:
• Used Oil
• Batteries
• Paint
• Aerosol spray cans
• Pesticides
• Antifreeze
• Fluorescent light bulbs
• Propane tanks (household size)
k.
The CONTRACTOR will setup a lined containment area and separate any HHW inadvertent)
delivered to a Temporary Debris Site.
I.
Commercial and industrial hazardous waste such as chemicals, gas containers, transformers, and
any other form of hazardous or toxic matter will be set aside for collection and disposal by a
Hazardous Materials Removal and Disposal Contractor who will be selected bythe AUTHORITY.
m.
Putrescible residential garbage will be collected by AUT HORff Y franchise waste haulers and is not b
be collected or transported by CONTRACTOR forces.
Agreement No. 17-204B -17-
EXHIBIT A
4. SCOPE OF WORK/OVERVIEW
A. Specific work authorizations by the AUTHORITY will be through written Task Orders. Task Orders will define
the job to be accomplished, location of job, time -frame for completion, rates to be used, etc. Any job with
requirements or rates not covered by this Proposal will be negotiated. The AUTHORITY reserves the right to
extend operations on a weekly basis. Task Orders will be executed bilaterally. Performance will be by the
metrics established in the Task Order(s). After 1/3 and again after 2/3 of the stipulated number of days of work
in the Task Order have elapsed, the CONTARCTOR(s) shall provide written progress report to the
AUTHORITY for review and acceptance. The AUTHORITY shall have the right to correct for
CONTRACTOR'S default or underperformance by any means it deems in its best interest.
The CONTRACTOR shall commence mobilization immediately upon receipt of the mobilization Task Order
meeting the following progress patterns: 48 hours- collection activity within assigned Collection Service Area.
Within ten (10) calendar days CONTRACTOR shall have 100% of all necessary equipment operating within all
Collection Senrice Areas. This represents a minimum response schedule and does not restrict an earlier
response. Subsequently, the AUTHORITY may issue additional Task Orders to define more preciselythe work
to be accomplished or to authorize additional work. The CONTRACTOR shall perform in accordance with
each Task Order in all designated Collection Service Areas established bythe AUTHORITY. Each Task Order
will be uniquely and sequentially numbered.
C. The CONTRACTOR is authorized to collect debris during daylight hours, seven (7) days per week. Any
deviations from this schedule will require AUTHORITYapproval.
D. The CONTRACTOR must be duly licensed to perform the work in accordance with the State of Florida
statutory requirements. The CONTRACTOR shall obtain all permits necessary to complete the work. The
CONTRACTOR shall be responsible for determining what permits are necessary to perform under the
Agreement. Copies of all permits shall be submitted to the AUTHORITY Emergency Management Coordinator
prior to issuance of the first Task Order.
E. The quantity of work required to complete the Agreement is estimated. The actual effort required maybe more
or less than the estimated amount shown in the RFP No. 17-204/SLB. Payment will be made in accordance
with the Fee Schedule, Exhibit B which is attached hereto and incorporated by reference as part of the
Agreement. The output will be verified by the AUTHORITY Emergency Management Coordinator in the daily
operational report. Should hourly rates be used to pay for certain equipment then preventative maintenance,
not in excess of fifteen (15) minutes in a normal workday, will be paid at the regular hourly rate. Preventative
maintenance or down time resulting from equipment failure, routine maintenance and fueling that exceeds
fifteen (15) minutes will be considered unacceptable work and non-payment of that time will be rounded off to
the half hour of all hours where delays occur. Preventative maintenance is defined as the usual field
maintenance to keep equipment in operating condition without the use of extensive shop equipment. Fueling
of equipment will be considered as part of preventative maintenance.
F. The CONTRACTOR shall be responsible for correcting any notices of violations issued as a result of the
CONTRACTOR'S or any subcontractor's actions or operations during the performance of this Agreement.
Corrections for any such violations shall be at no additional cost to the AUT HORITY.
G. The CONTRACTOR shall conduct the work so as not to interfere with the disaster response and recovery
activities of federal, state or local governments or agencies, or of any public utilities or other private contractor.
H. The CONTRACTOR shall provide contact information for all key personnel to the AUTHORITY that shall
include name, phone number, cellular phone number and email address. The CONTRACTOR and its agents
shall respond in a timely manner to all AUTHORITY inquiries at all times.
Agreement No. 17-204B -18-
EXHIBIT A
SCOPE OF WORK IN DETAIL
This section is divided into three (3) subsections:
• Debris Removal and Disposal Operations from residential public and private streets, roads and right-of-
ways and delivered to a Temporary Debris Site.
• Temporary Debris Site Operations which includes daily operations as well as reclamation of the site to its
pre -storm condition or as directed bythe AUTHORITY Emergency Management Coordinator.
• Processing, Loading and Hauling Material from Temporary Debris Site to final destination.
5.1 Debris Removal and Disposal Operations
5.1.1 General
a. The purpose of this section is to define the requirements for debris removal and disposal
operations after any catastrophic disaster within Palm Beach County. The AUTHORITY
intends to designate zones for collection and disposal of debris. CONTRACTORS will be
tasked with a service area(s) for this specific work.
b. For work performed on a Time and Materials basis, all hourly equipment rates shall include
the cost of the maintenance, fuel, repairs, overhead, profit, insurance, and all other costs
associated with the equipment including labor and operator.
5.1.2 Services
a. The CONTRACTOR shall provide equipment, operators and laborers for debris removal
operations. The CONTRACTOR shall provide all labor and materials necessary to fully
operate and maintain (including fuel, oil, grease, and repairs) all equipment under this
Agreement.
b. All rates are to include the cost of protective clothing (to include hardhats and steel -toed
boots), fringe benefits, hand tools, supervision, transportation, lodging and all othercosts.
The work shall consist of clearing and removing disaster generated debris as directed by the
AUTHORITY Emergency Management Coordinator. CONTRACTOR shall provide collection
equipment the day following a natural disaster or as directed by the AUTHORITY and shall
provide equipment sufficient to collect a minimum of 50,000 cubic yards of debris per day
within ten (10) calendar days of collection commencement (Past AUTHORITY natural
disaster cleanup records show that ten (10) days' following disaster, 95,000-126,000 cubic
yards of debris was collected per day). Failure to provide sufficient equipment necessary to
collect required amount may result in the AUTHORITY entering into a separate agreement
with another contractor for collection services.
5.1.2.1 Collection of Storm Generated Residential Vegetation and Construction and
Demolition Debris
i. It is the AUTHORITYS goal to ensure that Vegetation and Construction/Demolition
debris remain separate task orders for the collection of Vegetation and Construction
loads. Mixing of loads by the CONTRACTOR at the road right of way will not be
tolerated.
Agreement No. 17-2048 _19-
EXHIBIT A
ii. Work mayinclude:
• First pass to clear debris from emergency evacuation routes, access
roads to critical facilities and all primary roadways.
• Clearing debris from residential private and public road right of ways.
• Loading the debris.
• Hauling the debris to an approved Temporary Debris Site or an
authorized landfill.
• Dumping the debris atthe TemporaryDebris Site or at an authorized
landfill.
iii. Debris delivered to a Temporary Debris Site or authorized landfill will be paid based
on the per cubic yard price according to the Fee Schedule, Exhibit B.
5.1.2.2 Hourly Rate Clearing
i. From 0-70 hours following a disaster CONTRACTOR, as designated by the
AUTHORITY, shall provide the clearing services on an hourly rate that shall include
the following:
• Clear debris from emergency evacuation routes, access roads to critical
facilities, and primary roadways.
• Perform emergency removal of debris if needed for life-saving measures.
• Conduct daily briefings with debris managers and other officials to update
progress and discuss issues.
• Develop a traffic control plan along potential haul routes and at debris
management and disposal sites.
The CONTRACTOR shall not move from one designated Collection Service Area to
another area without prior approval from the AUT HORIT Y Emergency Management
Coordinator or designee. CONTRACTORS and/or subcontractors that move to a
designated Collection Service Area without prior AUTHORITY approval may be
terminated immediately. The AUTHORITY reserves the right to relocaie
CONTRACTOR to other Collection Service Areas based on need and ability to
perform required work at an acceptable level. The AUTHORITY reserves the right
to immediately terminate CONTRACTOR and any subcontractor who fails b
provide service in accordance to guidelines set forth by FEMA and the
AUTHORITY.
iii. The AUTHORITY or designee shall forward all claims of damage to the
CONTRACTOR daily. CONTRACTOR shall provide all contact information,
including name, phone number, cellular phone number, fax number and email
address, for personnel responsible for resolving all claims of damage.
CONTRACTOR must respond to all claims of damage within 24 hours and resolve
within ten (10) calendar days. Mailboxes must be repaired or replaced within two
(2) calendar days. CONTRACTOR is responsible for all damage caused by his
crew and/or subcontractors in the performance of debris removal.
iv. In the event the CONTRACTOR fails to repair damages as a result of the
Contractor's equipment failure or negligence within the time provided within this
Agreement, the AUTHORITY or designee may arrange for the repairs and assess
the CONTRACTOR for the cost of the repairs and any applicable administrative
charges. Any disputes as to damage responsibility will be presented to the
Emergency Management Coordinator or designee for review. The decision of the
Emergency Management Coordinator or designee will be final.
Agreement No. 17-204B -20-
EXHIBIT A
5.1.3 Equipment
a. All trucks and equipment must be in compliance with all applicable federal, state, and local
rules and regulations. Trucks used to haul debris must be capable of rapidly dumping their
load without the assistance of other equipment, be equipped with a tailgate that will
effectively contain the debris during transport that will permit the trucks to be filled to
capacity. Cyclone fence may be used as temporary tailgates if they comply with the
following specifications:
• Fencing must be permanently attached to one side of the truck bed.
• After loading, the fencing must be tied to the other side of the truck bed attwo
places with heavy gauge wire.
• Fencing must extend to the bottom of the bed.
• After loading, bottom of fencing shall be tight againstthe bed of the truck and
secured at a minimum of two locations,
• Solid iron metal bars must be secured to both sides of the fencing.
• There shall be no hand loaded equipment allowed.
b. The AUTHORITY or designee shall complete certifications indicating the type of vehicle,
make and model, license plate number, equipment number, and measured maximum
volume, in cubic yards, of the load bed of each piece of equipment utilized to haul debris.
The measured volume of each piece of equipment shall be calculated from actual internal
physical measurement performed and certified by the CONTRACTOR. Maximum volumes
may be rounded up to the nearest cubic yard. The reported measured maximum volume of
any load bed shall be the same as shown on the placards affixed to each piece of
equipment. The AUTHORITY reserves the right to re -measure trucks and trailers at any
time to verify reported capacity. If a truck and/or trailer are remeasured and the yardage
capacity is determined to be lower, the lower yardage volume will be retro to the initial bad
and total volume adjusted accordingly.
c. All trucks and trailers utilized in hauling debris shall be equipped with a tailgate that will
permit the vehicle to be loaded to capacity and effectively contain the debris on the vehicle
while hauling. If installed, all sideboard extensions must remain in place throughout the
operation, or the vehicle must be remeasured and remarked. All extensions to the bed are
subjectto acceptance or rejection bythe AUTHORITY Inspector.
d. Trucks or equipment designated for use under this Agreement shall not be used for any
other work during working hours. The CONTRACTOR shall not solicit work from private
citizens or others to be performed in the designated Collection Service Area during the
period of this Agreement. Under no circumstance will the CONTRACTOR mix debris hauled
for others with debris hauled under this Agreement. Failure to comply will result in no
payment to CONTRACTOR and operator and vehicle will be declared ineligible to provide
any additional emergency debris collection services. Any and all unapproved changes to
placard will result in no payment to CONTRACTOR and operator and vehicle will be
declared ineligible to perform any additional emergency debris collection services.
5.1.4 Securing Debris
The CONTRACTOR shall be responsible for properly and adequately securing debris on each
piece of equipment utilized to haul debris. Prior to leaving the loading site, the CONTRACTOR
shall ensure that each load is secure and trimmed so that no debris extends horizontally beyond
the bed of the equipment in any direction. All loose debris shall be reasonably compacted during
Agreement No. 17-204B -21-
a:4:n:311r:1
loading and secured during transport. Tarps or other coverings shall be provided by the
CONTRACTOR to prevent materials from falling or being blown from the bed. Loads not properly
tarped or otherwise covered will not be allowed to dispose at any AUTHORITY approved
temporarydebris site which mayresult in non-paymentto CONTRACTOR.
5.1.5 Equipment Signage
Prior to commencing operations, the AUTHORITY or designee shall affix to each piece of
equipment, signs or markings indicating the Owner Operator's name and a unique equipment
identification number. One sign shall be placed on each side of the equipment. For those trucks,
trailers and other equipment intended to haul debris, the maximum volume, in cubic yards, of the
load bed shall also be shown. Each operator shall keep ALIT HORTTYcertification with them at all
times. Placards must remain on both sides of equipment.
5.1.6 Other Considerations
a. The CONTRACTOR shall assign and provide an Operations Manager (OM) to the
AUTHORITY Debris Management Center to serve as the principal liaison between the
AUTHORITY Emergency Management Coordinator or designee and the CONTRACTOR'S
forces. The assigned OM must be knowledgeable of all facets of the CONTRACTOR'S
operations and have authority in writing to commit the CONTRACTOR. The OM shall be on
call 24 hours per day, seven (7) days per week and shall have electronic linkage capability
for transmitting and receiving relevant contractual information and make arrangements for
onsite accommodations. This linkage shall provide immediate contact via cell phone, Fax
machine, and have Internet capabilities. The OM will participate in daily meetings and
disaster exercises, functioning as a source to provide essential element information. The
OM will report to the AUTHORITY Emergency Management Coordinator or designee. This
position will not require constant presence; rather the OM will be required to be physically
capable of responding to the AUTHORITY Emergency Management Coordinator within 30
minutes of notification.
b. The CONTRACTOR shall be responsible for control of pedestrian and vehicular traffic in the
work area. At a minimum, one flag person should be posted at each approach to the work
area.
c. The CONTRACTOR shall supervise and direct the work, using skilled labor and proper
equipment for all tasks. Safety of the CONTRACTOR'S personnel and equipment is the
responsibility of the CONTRACTOR. Additionally, the CONTRACTOR shall pay for all
materials, personnel, taxes, and fees necessaryto perform under the terms of this contract.
Payment for debris hauled will be based on the quantity of debris hauled in cubic yards.
Debris hauled to a Temporary Debris Site will require a validated bad ticket. Drivers will be
given an electronic or paper bad tickets at the loading site by an AUT HORff Y loading sib
monitor. The quantity of debris hauled will be estimated in cubic yards at the Temporary
Debris Site by an ALITHORff YTemporary Debris Site monitor. The estimated quantity will
be recorded on the electronic or paper load ticket. The AUT HORITY Temporary Debris Siie
monitor will retain one copy of the paper load ticket and the driver will retain the remaining
copies of the load ticket. Debris being hauled to a permanent landfill will be paid based on
cubic yards recorded on an approved electronic or paper load ticket. Payment will be made
against the CONTRACTOR'S invoice once site monitor and CONTRACTOR bad tickets
and/or scale tickets match. Load tickets not properly completed and signed will not be paid.
Agreement No. 17-2046 -22-
EXHIBIT A
5.2 Temporary Debris Site Operations
5.2.1 General
The purpose of this section is to define the requirements for Temporary Debris Site
Operations after anycatastrophlc disaster within Palm Beach County.
b. The CONTRACTOR shall use only Temporary Debris Sites designated by the AUTHORITY
Emergency Management Coordinator.
The Temporary Debris Site foreman shall direct all dumping operations. Different types of
debris shall be kept in separate piles at the Temporary Debris Site. At a minimum, one flag
person shall be posted at each Temporary Debris Site for traffic control and to direct
unmixed bads to proper location (by debris type) to be dumped. CONTRACTOR shall be
responsible for sorting and proper placement of all loads not dumped in appropriate location
which results in mixing the once separated debris at nocharge to the AUTHORITY.
d. The CONTRACTOR shall begin grinding vegetative debris within five (5) calendar days of
temporary debris site opening date and removing mulch/wood chips within ten (10) calendar
days of site opening date. The CONTRACTOR shall begin removal of Construction and
Demolition/mixed debris from Temporary Debris Site to an approved final destination within
five (5) days of site opening date.
5.2.2 Temporary Debris Site Services
5.2.2.1 Site Setup/Preparation
Site setup/preparation shall be compensated on a time and materials basis in
accordance with the hourly rates provided in the Fee Schedule, Exhibit B which is
attached hereto and incorporated by reference as part of the Agreement. Site set-
up/preparation includes: clearing, stripping, hauling, fill placement,
constructing/deconstructing processing pads, limerock or crushed concrete access
roads, sodding, and any other similar activity necessary to make the site usable for its
intended purposes.
5.2.2.2 Temporary Debris Site Operations and Material Processing
Temporary Debris Site operations and material processing shall be compensated in
accordance with the unit prices provided in the Fee Schedule, Exhibit B. The
CONTRACTOR shall provide equipment, operators, and laborers for Temporary
Debris Site operations as specified by Task Order. Unit prices provided in the Fee
Schedule, Exhibit B, shall include all labor and materials necessary to fully operate
and maintain (including fuel, oil, grease, repairs, operator, mobilization,
demobilization, overhead, profit, lodging and insurance) all equipment under this
Agreement. Each Inspection Tower shall be equipped with two (2) portable toilets.
Toilets shall be provided immediately upon completion of tower assembly.
CONTRACTOR shall provide a water truck for the purpose of applying to site
surface to minimize dust. The AUTHORITY shall provide a front -load garbage
container and collection service of the container at each Temporary Debris Site.
CONTRACTOR shall be responsible for cleaning up all trash and litter generated on
the site from daily operations and depositing into the container for collection. The
entrance roadwayand surrounding area within ''Y2 mile of the site's entrance shall be
Agreement No. 17-204B -23-
I014:ILy1r.1
cleaned daily by the CONTRACTOR. All pre -storm identified sites shall be opened
by the CONTRACTOR within three (3) calendar days after receiving approval from
the AUTHORITY to operate the debris site. Failure to open sites with proper
equipment and necessary personnel will result in liquidated damages of $10,000
per day. All rates shall include the cost of protective clothing (to include hardhats
and steel -toed boots), fringe benefits, hand tools, supervision, transportation,
lodging, and any other costs. The work shall consist of managing the operations of
a Temporary Debris Site and performing debris reduction by air curtain incineration
and/or grinding of storm generated debris as directed by the AUTHORITY
Emergency Management Coordinator.
ii The AUT HORITY plans to use two types of Temporary Debris Sites.
Vegetative Temporary Debris Sites will be devoted to the reduction of clean
woody debris by either burning or grinding. The AUTHORITY expects the
material to be recycled and or beneficially re -used if processed bygrinding.
Depending upon the size and type of devastation the AUT HORff Y may require
a separate Construction & Demolition (C&D) staging area, mixed debris
staging area and a separate Household Hazardous Waste staging area. The
AUTHORITY requests that CONTRACTOR implements recycling and or
reduction programs to minimize the quantity of construction debris material b
be land filled.
iii Material coming into the Vegetative or C&D Temporary Debris Sites will be
measured and paid for by the cubic yard according to the Fee Schedule, Exhibit B.
Material removed and transported from a C&D Temporary Debris Site will be
measured and paid by the cubic yard according to the -Fee Schedule, Exhibit B.
iv. Locations of all Temporary Debris Sites will be approved by the AUTHORITY. The
AUTHORITY Emergency Management Coordinator must approve site
improvements before work begins and any costs, other than those in the Fee
Schedule, Exhibit B that might have been negotiated under a Task Order shall be
documented for payment.
v. Material processed at a Temporary Debris Site by either grinding or burning will be
measured using cubic yards from incoming load tickets. Material entering a Debris
Management Site will be deposited in manageable piles.
5.2.3 Reporting
a. The CONTRACTOR shall submit a report to the AUTHORITY Emergency Management
Coordinator or designee by close of business each day of the term of the Task Order. Each
report shall contain, at a minimum, the following information:
• Contractor's Name
• Contract Number
• Daily and cumulative hours for each piece of equipment, if appropriate
• Dailyand cumulative hours for personnel, by position, ifappropriate
• Volumes of debris handled
b. Failure to provide audit quality information by 5:00 p.m. of the following day of operation will
subject CONTRACTOR to non-payment in each instance at the sole discretion of the
AUTHORITY.
Agreement No. 17-204B -24-
EXHIBIT A
5.2.4 Other Considerations
a. The CONTRACTOR shall supervise and direct the work, using skilled labor and proper
equipment for all tasks. Safety of the Contractor's personnel and equipment is the
responsibility of the CONTRACTOR. Additionally, the CONTRACTOR shall pay for all
materials, personnel, taxes, and fees necessaryto perform under the terms of this contract.
b. The CONTRACTOR shall be responsible for control of pedestrian and vehicular traffic in the
work area. In the event a Temporary Debris Site must be closed due to CONTRACTOR
equipment or operational failures, CONTRACTOR shall be liable for liquidated damages in
the amount of $25,000.00 per dayfor everydaythe site has to remain closed.
5.2.5 Debris Clearance (for access) from Right -of -Ways and Public Property
a. The AUTHORITY provides support to Palm Beach County Government for Debris
Management, including the clearance (moving debris from the middle of the road, etc.) of
debris from right -of ways and public property. Palm Beach County intends to perform debris
clearance for access with its own forces or under existing contractual Agreements between the
County and local firms. However, in a significant disaster, these resources may be insufficient
to perform the clearance activities in a timely manner.
b. This debris clearance is to be considered supplemental and optional service. It is anticipated
that debris clearance activities would be conducted, if needed, on a time and material basis
using the rates in the Fee Schedule, Exhibit B.
5.3. Processing, Loading and Hauling Material
CONTRACTOR shall provide all necessary labor, material and equipment to process, load and haul
wood chips and construction and/ormixed debris from Temporary Debris Sites in Palm Beach County
to final destination for disposal as directed by the AUTHORITY. The AUTHORITY reserves the right
to contract with other firms to process, load and haul wood chips and construction and/or mixed
debris to a final destination as may best meet the needs of the AUTHORITY. All wood chips,
construction and/or mixed debris shall be disposed of in accordance with all Local, State of Florida
and Federal guidelines.
b. CONTRACTOR will provide detailed listing to the AUT HORITY of the following:
1. Quantity(loads and cubic yards)
2. Owner information
3. Site where mulch and Construction/Demolition debris is disposed, to include
address/GPS location.
6. MISCELLANEOUS REQUIREMENTS
6.1 Temporary Debris Site Foreman
a. The Temporary Debris Site foreman must be an employee of the CONTRACTOR and is responsible
for management of all operations of the site to include, traffic control, dumping operations,
segregation of debris, burning, grinding, and safety.
b. The Temporary Debris Site foreman will be responsible for monitoring and documenting equipment
and labortime and providing the dailyoperational reportto the AUTHORITY Emergency Management
Coordinator or designee.
Agreement No. 17-204B -25-
EXHIBIT A
6.2 Temporary Debris Site Night Foreman
a. The Temporary Debris Site night foreman must be an employee of the CONTRACTOR and is
responsible formanaging all nightoperations approved bythe AUTHORITY.
b. The Temporary Debris Site night foreman will be responsible for monitoring and documenting
equipment and labor time and providing the daily operational report to the AUTHORITY Emergency
Management Coordinator or designee.
6.3 Temporary Debris Site Management Plan
a. Once the Temporary Debris Site is identified by the AUTHORITY, the CONTRACTOR will provide a
Site Management Plan.
b. Three (3) copies of the plan are required. The plan shall be drawn to a scale of 1" = 50' and address
the following functions:
• Access to site
• Site preparation -clearing, erosion control, and grading
• Traffic control procedures
• Safety
• Segregation of debris
• Location of ash disposal area, hazardous material containment area, CONTRACTOR work
area, and inspection tower
• Location of incineration operations, grinding operation (if required). Burning operations
require a 100-footclearance from the stockpile and a 1000 -foot clearance from structures
• Location of existing structures or sensitive areas requiring protection
6.4 Inspection Tower
The CONTRACTOR shall construct an inspection tower at each Temporary Debris Site within three (3)
calendar days of natural disaster. The tower shall be constructed using pressure treated wood or steel
scaffold. The floor elevation of the tower shall be 10 -feet above the existing ground elevation. The floor
area shall be a minimum 8' by 8', constructed of 2"x 8" joists, 16" O.C. with 3/4" plywood supported by a
minimum of four 6" x 6" posts. A 4 -foot high wall constructed of 2" x 4" studs and %' plywood shall protect
the perimeter of the floor area. The floor area shall be covered with a roof. The roof shall provide a
minimum of 6'-6" of headroom below the support beams. Steps with a handrail shall provide access to the
tower. Inspection towers must provide a dryarea for employees and meet all FEMA OSHA requirements.
6.5 Grinding Operation
The CONTRACTOR shall have grinders on site and in operation within 72 hours of natural disaster.
Failure to provide grinder(s) on site in operation within 72 hours shall result in liquidated damages of
$10,000 per day. There shall be no period longer than 24 hours in which grinding activity may stop due to
equipment or operational failure. Failure to provide back-up equipment within 24 hours shall result in a
$2,000 fine per hour per approved hours of grinding operation per day until grinding activity resumes.
6.6 Household Hazardous Waste Containment Area
The CONTRACTOR shall construct a hazardous material containment area at each Temporary Debris
Site. The area shall be 30' x 30'. The perimeter shall be lined with hay bales and staked in place. The
area shall be lined with a heavy gage plastic to provide a waterproof barrier. Additional plastic sufficient to
cover the area is required to prevent rain from entering the containment area. Site run-off must be
redirected from the containment area bysite grading.
Agreement No. 17-204B -26-
EXHIBIT A
7. PERFORMANCE OF CONTRACTOR
A. It is the intent of this Agreement to ensure that the CONTRACTOR provides a quality level of services. To this
end, all complaints received by the Emergency Management Coordinator or designee, and reported to the
CONTRACTOR shall be promptly resolved pursuant to the provisions of this Agreement.
B. The Emergency Management Coordinator or designee may levy administrative charges for the following
infractions:
1. Failure to open pre -storm identified sites within three (3) calendar days of after being tasked by
the AUT HORITY liquidated damages of $10,000 per day for each day not opened.
2. Closure of Temporary Debris Site due to CONTRACTOR equipment or operational failures
liquidated damages of $25,000 per day, for each day site must remain closed.
C. Failure to provide back-up grinders within 24 hours of equipment breakdown liquidated damages of $2,000 per
hour per approved grinding hours of operation per day.
D. CONTRACTOR may also be subject to non-payment and liquidated damages of $200 for each of the following
infractions:
Failure to provide audit quality information by 5:00 p.m, of the following day of operation.
Loads not properly tarped or otherwise covered.
Mi)ang debris hauled from other sources with debris hauled under this Agreement.
Mi)ang vegetation debris with C & D material.
E. CONTRACTOR maybe immediately terminated and not paid for the following:
Collection of any non -eligible, non-AUTHORITYapproved stumps or debris.
Moving to another designated Collection Service Area without prior AUTHORITYapproval.
Failure to provide service in accordance to guidelines set forth by FEMA and the AUT HORITY,
Soliciting work from private citizens or others to be performed in the designated Collection
Service Area during the period of this Agreement.
Alteration of placards placed on certified trucks and/or trailers.
Any disputes regarding Performance of Contractor will be presented to the Emergency Management
Coordinator or designee for review. The Emergency Management Coordinator or designee shall complefe
review and make determination within three (3) calendar days. Decisions of the Emergency Management
Coordinator or designee shall be final.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
Agreement No. 17-204B -27-
Phillips and Jordan, Inc,
EXHIBIT B
H E
_J1
VOLUME BASED PRICING FOR 3,000,000 CUBIC YARD (CY) DEBRIS DISASTER
ITEMIDESCRIPTION
ESTIMATED ' UNIT
QUANTITY
PRICE
PER CY
EXTENSION
1.0
Public Property and Right of Way Collection, Loading
and Hauling to a designated Temporary Debris Site,
A. Vegetation
2,500,000 cv
$9.25
$23,125,000.00
B. Construction Debris/ Mixed Debris
500,000 cv
$9.25
$4,625,000.00
2.0
Temporary Debris Site operation to include placement of
moniipring thwers, portable thilels, keeping on-site and
3,000,000 Cv
$1.75
$5,250,000.00
adjacent roads area clean of trash and garbage, debris
x 500,000 CY =
$2,975,000.00
TOTAL PRICE: (Items 1.0 - 4.0; 6.0)
acceptance, pile management; and phase I reclamation.
3.0
Processing of debris through grinding and/orchipping.
2,500,000 cv
$2.50
$6,250,000.00
4.0
Loading, hauling and disposing wood chips to final
1,000,000 cv
$8.75
$8,750,000.00
destination. (This rate includes disposal cost)
5.0
Volume reduction through aircurtain incineration.
2,500,000 cv
$1.50
6.0
Loading and hauling of construction debris and/or mixed
debris from Temporary Debris sit to a permitted C&D
recycling facility or any other designathd Disposal
Facility. (This rate shall not include disposal cost). Miles
from TDRS to final destination —1 way.
A. 0 <_ 20 miles
500,000 � cv
$3.00
B. >20 <_ 50 miles
500,000 cv
$4.75
C. >50 <_ 80 miles
500,000 cv
$7.00
D. >80 <_ 110 miles
500,000
cv
$7.50
E. >110 <_ 200 miles
500,000
cv
$7.50
AVERAGE: (Item 6.0 A-E)
$5.95
AVERAGE (Item 6.0 A-E)
Unit Prices, unless otherwise indicated, shall include all labor (operators, laborers, supervisors)
and materials
including but not limited to: supplies, equipment maintenance, repairs, repair parts, fuels, lubricants,
cellular phones,
transportation, and housing, if required, necessary to accomplish the project. The quantities and distributions are
estimated. Locations of sites, debris quantities, destinations, material densities, etc. may differ substantially in an
actual disaster.
Assumptions: 3,000,000 cubic yards of debris consisting of 2,500,000 cubic yards of vegetation
debris and 500,000
cubic yards of mixed debris.
Agreement No. 17-204B -28-
x 500,000 CY =
$2,975,000.00
TOTAL PRICE: (Items 1.0 - 4.0; 6.0)
$50,975,000.00
Phillips and Jordan, Inc. EXHIBIT B
FEE SCHEDULE
HOURLY RATES
DEBRIS MANAGEMENT SITE SET-UP AND CLOSURE AND DEBRIS CLEARANCE
FOR ACCESS - OPTIONAL USE BY COUNTY AND OTHER GOVERNMENTAL ENTITIES
EQUIPMENT AND LABOR RATES
HOURLY HOURLY TOTAL
EQUIPMENT TYPE EQUIPMENT LABOR HOURLY
RATE RATE RATE
Bobcat Loader $60.00 $40.00 $100.00
Crew Foreman w/ Cell Phone and Pickup $15.00 $70.00 $95.00
Dozer, Tracked, D5 or similar $70.00 $40.00 $110.00
Dozer, Tracked, D6 or similar $90.00
$40.00
$130.00
Dozer, Tracked, D7 or similar $120.00
$40.00
$160.00
Dozer, Tracked, D8 or similar $180.00
$40.00
$220.00
Dump Truck, 18 CY-20 CY $50.00
$40.00
$90.00
Dump Truck, 21CY-30 CY $60.00
$40.00
$100.00
Generator and Lighting $20.00
-_-
$20.00
Grader w/ 12' Blade $90.00
$40.00
$130.00
Hydraulic Excavator, 1.5 CY $90.00
$40.00
$130.00
Hydraulic Excavator, 2.5 CY $110.00
$40.00
$150.00
Knuckleboom Loader $180.00
$40.00
$220.00
Laborer w/ Chain Saw - --
$40.00
$40.00
Laborer w/ small tools, traffic control, flag person -----
$40.00
$40.00
Lowboy T railer w/T ractor $90.00
$40.00
$130.00
Operations Manager w/ Cell Phone and Pickup $15.00
$80.00
$95.00
PickupTruck,.5Ton $15.00
-----
$15.00
Soil Compactor 81 HP+ $80.00
$40.00
$120.00
Soil Compactor to 80 HP $70.00
$40.00
$110.00
Soil Compactor,Towed Unit $40.00
$40.00
$80.00
Truck, Flatbed $40.00
$40.00
$80.00
Tub Grinder, 800 to 1,000 HP $600.00
-----
$600.00
Water Truck $50.00
$40.00
$90.00
Wheel Loader, 2.5 CY, 950 or similar $80.00
$40.00
$120.00
Wheel Loader, 3.5-4.0 CY, 966 or similar $100.00
$40.00
$140.00
Wheel Loader, 4.5 CY, 980 or similar $140.00
$40.00
$180.00
Wheel Loader -Backhoe, 1.0-1.5 CY $80.00
j $40.00
1 $120.00
Agreement No. 17-204B -29-
Phillips and Jordan, Inc.
FEE SCHEDULE
UNIT COST
EXHIBIT B
ITEM
HAZARDOUS STUMP REMOVAL, HAULING, AND DISPOOSAL
UNIT
UNIT COST
1
6 inch diameter to 12 inch diameter
Stump
$150.00
2
13 inch diameter to 24 inch diameter
Stump
$275.00
3
25 inch diameter to 48 inch diameter
Stump
$550.00
4
49 inch diameter and greater
Stump
$900.00
5
Stump Fill Dirt— Fill dirtfor stump holes after removal
CY
$25.00
HAZARDOUS TREE REMOVAL, HAULING, AND DISPOSAL
6
6 inch diameterto 12 inch diameter
Tree
$100.00
7
13 inch diameter to 24 inch diameter
Tree
$200.00
8
25 inch diameter to 48 inch diameter
Tree
$500.00
9
1 49 inch diameter and greater
L—Tree
$850.00
NOTE;
The AUTHORITY reserves the right to use this contract to handle small quantities of debris removal, as
needed, related to a disaster event that does not qualify for FEMA assistance. This will include any disaster
event that produces small quantities of debris.
REMOVAL, AND TRANSPORTING OF DEBRIS TO AN
APPROVED SWA DISPOSAL/RECYCLING FACILITY
EQUIPMENT DAILY RATE
(10 HRS/DAY)
Knuckleboom Loader and Operator $2,200.00
The above daily rate shall include all associated costs (direct labor, overhead, profit, supervision, insurance),
Agreement No. 17-204B -30-
EXHIBIT C
SMALL BUSINESS ENTERPRISE (SBE) PLAN
Phillips and Jordan, Inc. is committed to the SBE Participation Plan and will make every effort to achieve the
AUT HORrf Y'S goal through sub -contracting to SBEs.
In response to the Request for Proposal, RFP No. 17-204/SLB, Phillips and Jordan, Inc. provided a list of certified
SBE sub -contractors who will be used on this Agreement.
H&R of Belle Glade, LLC
Contractors Support Services, Inc..
Agreement No. 17-204B -31-
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EXHIBIT E
PUBLICLY OWNED DEBRIS MANAGEMENT SITES
SWA Temporary Debris Disposal Sites:
SITE
LOCATION
20-Mile Bend /Palm Beach Aggregates *
North side of Southern Boulevard approximately4 miles
west of Lion Country Safari
Belle Glade
West end of West Canal Street, South Belle Glade
Cholee Park
West of Jog Road on the south side of Forest Hill Boulevard
across from the entrance to Okeeheelee Park
Cross State Landfill
Pike Road, West Palm Beach
Dyer Landfill (Closed)
South of Beeline Highway on the Westside of Haverhill
Road
Hooker Highway
South side of Hooker Highway approximately
1 mile west of the intersection of State Road 80 and 441
Approximately 1 mile north of Northlake Boulevard on the
Mecca Farms
east side of Seminole Pratt Whitney Road
Palm Beach Downs
Approximately3/4mile west of441 on West Atlantic Avenue
SWA North Jog Road
Located on Jog Road, West Palm Beach
South County Regional Park
Take Glades Road west of 441 approximately
2 miles to Ponderosa Drive and turn north to the site
Wallis Road
Located on the north side of Wallis Road between Haverhill
Road and Military
* Private Sites used in the past.
Solid Waste Authorityof Palm Beach County
Disaster Debris Removal and Disposal
Agreement No. 17-204B -33-
Trail
EXHIBIT F
SOLID WASTE AUTHORITY
OF PALM BEACH COUNTY
7501 North Jog Road
West Palm Beach, Florida 33412
Telephone: 561-640-4000 • Fax: 561-640-3400
,
TASKORDER
DISASTER DEBRIS MANAGEMENT
TO
Task Order No.
In accordance with _(Contractor) contract, with the Solid Waste Authority of
PBC, Florida, (AUTHORITY) Agreement No. 17-204B for Hurricane/Disaster Debris Removal, Reduction, and
Disposal dated the AUTHORITY hereby requests and
authorizes the services to be
performed on the project as described below:
Project:
Specific Work to be performed:
Duration of Work (Include Start Date, End Date and Total Calendar Days):
Method of Payment:
Estimated Cost of this Task Order: $
Contractor Signature:
Date:
AUT HORff Y Signature;
Date:
SWA Use Only
SWA Requestor/Monitor:
Date:
SWA Dept Director:
Dab:
Vendor No.: Account No.:
Project
Purchasing: Budget
Accounting:
Agreement No. 17-204B -34-
EXHIBIT G
MOBILIZATION SCHEDULE
CONTRACTOR shall commence mobilization of equipment, operators, and laborers immediately upon receipt of a
Mobilization Task Orderto meetthe progress pattern set below.
Category 1& 2
Category 3
Category 4
Category 5
Within
24 hours
40%
25%
20%
15%
Within
Within
48 hours
72 hours
80%
100%
40%
75%
35%
50%
25%
45%
Within
96 hours
100%
70%
60%
Within
7 days
90%
80%
Within
10 days
100%
90%
Within
14 days
100%
Agreement No. 17-204B
-35-
EXHIBIT H
BUY AMERICA REQUI REM ENTS
Source of Supply — Steel and Iron (Federal Aid Contracts Only): For Federal -aid contracts, the Contractor will only
use steel and iron produced in the United States, in accordance with the buy America provisions of 23 CFR 635.410.
Contractor will ensure that all manufacturing processes for these materials occur in the United States. A
manufacturing process is any process that modifies the chemical content, physical shape, size or final finish of a
product, beginning with the initial melding and mixing and continuing through the bending and coating stages. A
manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have
been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source
material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g.,
concrete pipe, pre -stressed beams, corrugated steel pipe, et.), these same provisions apply, except that the
manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not
exceed 0.1% of the compensation or $2,500, whichever is greater. These requirements are applicable to all steel
and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the
Contractor uses but does not incorporate into the finished work. The Contractor shall provide a certification from the
producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished
or incorporated into the finished product was manufactured in the United States in accordance with the requirements
of this provision. Such certification shall also include: (1) a statement that the product was produced entirely within
the United States, or (2) a statement that the product was produced with the United States except for minimal
quantities of foreign steel and iron and specify the actual value of the product. Each such certification shall be
furnished to the AUTHORITY prior to incorporating the material into the project. When FHWA allows the use of
foreign steel on a project, Contractor shall furnish invoices to document the costs of such material, and obtain the
AUT HORITY'S written approval prior to incorporating the material into the project.
Agreement No. 17-204B -36-
=PERFORMANCE AND PAYMENT BOND
BY THIS BOND, WE,
EXHIBIT I
Inc., as Principal and
__. _......... — a Corporation, as Surety, are bound to the Solid
Waste Authority of Palm Beach County, hereinafter referred to as "Authority", in the sum of
Dollars (up to $10,000;000), for payment of which we
bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Agreement dated , 20_ between Principal and Authority for
Hurricane/Disaster Debris Removal, Reduction and Disposal, Agreement No. 17-2046, the Agreement being
made a partof this bond by reference, in the time and in the manner prescribed in the Agreement, and;
2. Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal
with labor, materials and supplies, used directly or indirectly by Principal in the prosecution of the work provided
for in the Agreement, and;
3. Pays Authority all loss, damages, expenses, costs, and attorneys fees, including appellate proceedings, that
Authority sustains because of a default by Principal under the Agreement, and;
4. Performs the guarantee of all work and materials furnished under the Agreement for the time specified in the
Agreement, and;
5. At completion of all work covered by Agreement and Final Payment by Authority to Principal then Principal will
replace this Performance and Payment Bond with a Proposal Bond, in the amount of 5% of this Performance
and Payment Bond, to be held by the Authority as a guarantee that Principal will provide to the Authority a
Performance and Payment Bond in the amount of up to $10,000,000 on the occasion of a subsequent Task
Order in accordance with the above referenced Agreement;
then this bond is void; otherwise it remains in full force.
Surety shall be responsible for any and all liquidated damages imposed by the Authority for the referenced
Agreement.
Agreement No. 17-204B -37-
EXHIBIT I
Any changes in or under the Agreement Documents and compliance or noncompliance with any formalities
connected with the Agreement or the changes does not affect Suretys obligation under this bond. Any increase in
the total Agreement amount as authorized by the Authority shall accordingly increase the Suretys obligation by the
same dollar amount of said increase. CONTRACTOR shall be responsible for notification to Surety of all such
changes.
See subsection (2) of Section 255.05, Florida Statutes as amended for the notice and time limitations for claimants.
Signed and sealed this dayof —120—
PRINCIPAL:
,20
WITNESS:
9
WITNESS:
1.
Q
PRINCIPAL:
By: W_. ....
�W WWWW
Signature
Name:
Title:
Address:
Telephone"
SURETY:
By:
Name:
Title:
Address:
Telephone:
Signature
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is a Partnership,
all partners must execute bond.
IMPORTANT: Surety companies executing bonds must appear and remain on the Treasury
Depaftenfs most current list (Circular 570 as amended) during construction, guarantee
and warranty periods, and be authorized to transact business in the State of Florida, and
be pre -approved bythe Authority.
Agreement No. 17-2048 -38-