Backup Documents 01/27/2026 Item #16C 1 (Phillips Environmental, LLC) •
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP C
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney
Office no later than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with
the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Risk Risk Management
2. County Attorney Office County Attorney Office
` 7 J3OloU
4. BCC Office Board of County
Commissioners bk 1�y /fiIs/ )(3a
Office O
4. Minutes and Records Clerk of Court's rfp2F
5. Procurement Services Procurement Services l
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
one of the addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Cole Chandler/Procurement Contact Information 239-252-8987
Contact/Department
Agenda Date Item was January 27,2026 Agenda Item Number 16.C.1 ,
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A 25-8412 Phillips Environmental,
number if document is Phillips Environmental, LLC
to be recorded LLC
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be CC
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the CC
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on January 27,2026,and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County ep an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
' BCC, all changes directed by the BCC have been made,and the document is ready for the ( an option for
Chairman's signature. 7�f'`` this line.
16C1
FIXED TERM SERVICE
MULTI-CONTRACTOR AWARD AGREEMENT
#25-8412
for
Disaster Debris Removal and Disposal Services
THIS AGREEMENT, made and entered into on this 27 ` day of Jc.",,,./// 20 26 ,
by and between Phillips Environmental,LLC.
authorized to do business in the State of Florida, whose business address is
10142 Parkside Dr. Ste. 500. Knoxville, TN. 37922 (the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a five ( 5 ) year period,
commencing I. upon the date of Board approval; OF ❑ en and
terminating on five ( 5 ) year(s) from that date or until all outstanding Purchase
Order(s) issued prior to the expiration of the Agreement period have been completed or
terminated.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for
one ( 1 ) additional five ( 5 ) year(s) periods. The County shall give the
Contractor written notice of the County's intention to renew the Agreement term prior to
the end of the Agreement term then in effect.
The County Manager, or the County Manager's designee, may extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a 0 Purchase Order ❑ Notice to Proceed.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of III Request for Proposal (RFP) ❑ invitation to Bid (ITB) ❑
Other ( RFP ) # 25-8412
including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal
referred to herein and made an integral part of this Agreement.
ii The Contractor shall also provide services in accordance with Exhibit A — Scope of
Services attached hereto.
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3.1 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
3.2 The procedure for obtaining Work under this Agreement is outlined in Exhibit A —
Scope of Services attached hereto.
3.3 The procedure for obtaining Work under this Agreement is outlined in n Other
Exhibit/Attachment: .... .., .... ....
3.4 • The County reserves the right to specify in each Request for Quotations: the period
of completion; collection of liquidated damages in the event of late completion; and the
Price Methodology selected in 4.1 .
4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price
methodology as defined in Section 4.1 . Payment will be made upon receipt of a proper
invoice and upon approval by the County's Contract Administrative Agent/Project
Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act".
4.1 Price Methodology (as selected below):
Lump Sum...(Fixed'..Price): A firm..fixed total price offering..for a project;...the risks are
transferred from the County to the contractor; and, as a business practice there are no
hourly i'ou1rly, or material ial 'invoices presented," rather, the contractor ..must perform to the
of the County's project before the fixed price contract
satisfaction yr t�. N�v��.vi manager before paymentfor the i neu �r�uv`arufrZ�i uv'e
is authorized.
• Time and Materials: The County agrees to pay the contractor for the amount of labor
time spent by the contractor's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of
materials plus the contractor's markup). This methodology is generally used in projects in
which it is not possible to accurately estimate the size of the project, or when it is expected
that the project requirements would most likely change. As a general business practice,
these contracts include back-up documentation of costs; invoices would include number
of hours worked and billing rate by position (and company (or subcontractor) timekeeping
or payroll records), material or equipment invoices, and other reimbursable
documentation for the project.
111I Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification).
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4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of the Agreement. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "lathes"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
4.4 The County, or any duly authorized agents or representatives of the County, shall
have the right to conduct an audit of Contractor's books and records to verify the accuracy
of the Contractor's claim with respect to Contractor's costs associated with any Payment
Application, Change Order, or Work Directive Change.
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expense&& l- ie- Ia+ifse -ae-pef-Sec iea--a--1 .06'l--Fan:--Sty-
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5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531 C.
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6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company Name: Phillips Environmental,LLC.
Address: 10142 Parkside Dr.Ste.500.
Knoxville,TN.37922
Authorized Agent: Bryan Mclsaac
Attention Name & Title: Chief Financial Officer
Telephone: 865-688-8342
E-Mail(s): disasterservices@phillipsinc.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Director: Kari Hodgson
Division Name: Solid and Hazardous Waste Management
Address: 3339 Tamiami Trail East,Suite 302
Naples FL 34112
Administrative Agent/PM: Kari Hodgson
Telephone: 239-252-2504
E-Mail(s): Kari.Hodgson@collier.gov
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The County
will not be obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons employed
by the Contractor.
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9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect
or hereafter enacted or adopted. In the event of such violation by the Contractor or if the
County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
Agreement of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
the suspension period until the violation has been corrected to the satisfaction of the
County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be the sole judge of
non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
11 . NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin or any other class protected by federal or Florida
law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. ■ Commercial General Liability: Coverage shall have minimum limits of
$ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability
and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply
per project. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. n Business Auto Liability: Coverage shall have minimum limits of$ 1,000,00o
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
C. • Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws. The coverage must
include Employers' Liability with a minimum limit of$ 1,000,00o for each accident.
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D. I I Professional Liao lit : Shall be maintained by the Contractor to ensure its legal
liability for claims arising out of the performance of professional"''se r'r,' ce s "under this,
Agreement-: Contractor waives its right of recovery against-County-as to a'n'y-claims'.under
this insurance. Such insurance shall hove limits of not less than $ each
claim and aggregate.
F. Cyber iM YhlIiY it :-Coverage shall have minimum limits of$ per claim.m.
F. • Pollution : Coverage
shall have minimum limits of $ i,000,000 per claim.
G. n yy� : Coverage
shall have minimum limits of$ per claim.
H. n ._. �..�. .. -----.-�n_. ,. --_... : Coverage
_. -`
shall have minimum limits of claim
$ ...........per claim.
1.
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of thirty (30) days prior written notice, or in accordance with policy provisions.
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
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Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon
presentation of a claim by any party and written notice of such claim being provided to
Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive
the expiration or earlier termination of this Agreement until it is determined by final judgment
that an action against the County or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Solid and Hazardous Waste Management
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate(s), ❑■ Exhibit A Scope of Services,
Exhibit B Fee Schedule, n RFP/ ❑ gain Othcr
#25-8412 , including Exhibits, Attachments and Addenda/Addendum, ❑ subeectuerit
quetes7 and Q Other Exhibit/Attachment: Public Payment Bond,Public Performance Bond,
and Federal Provisions and Assurances
17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to
the terms of this Agreement.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee of
the firm from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of time,
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including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended, as well as the requirements set forth in Florida Statutes, §448.095; taxation,
workers' compensation, equal employment and safety including, but not limited to, the
Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law
Chapter 119, if applicable, including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(b) as stated as follows:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(c�colliercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of 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 this chapter 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 the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
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Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon request from
the public agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
22. PAYMENTS WITHHELD. The County may decline to approve any application for
payment, or portions thereof, because of defective or incomplete work, subsequently
discovered evidence or subsequent inspections. The County may nullify the whole or any
part of any approval for payment previously issued and the County may withhold any
payments otherwise due to Contractor under this Agreement or any other Agreement
between the County and Contractor, to such extent as may be necessary in the County's
opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or
equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance
of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or
(g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, the County may, after
three (3) days written notice, rectify the same at Contractor's expense. The County also
may offset against any sums due Contractor the amount of any liquidated or unliquidated
obligations of Contractor to the County, whether relating to or arising out of this Agreement
or any other Agreement between Contractor and the County.
If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-
up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary
of the Company and any business, corporation, partnership, limited liability company or
other entity in which the Company or a Parent or a Subsidiary of the Company holds any
ownership interest, directly or indirectly.
23. n CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris,
rubbish and waste materials arising out of the Work. At the completion of the Work,
Contractor shall remove all debris, rubbish and waste materials from and about the Project
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site, as well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on County projects who are neat, clean,
well-groomed and courteous. Subject to the American with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The County may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Collier County projects is not in the best interest of the County.
25. WARRANTY. Contractor expressly-warrants s that the goods","'' materials and/or
equipment-covered by this Agreement-will conform to the requirements--es specified,'and
will be
of satisfactory material and quality prnrlllnfion free from defect„ss, and sufficient for
VV1111.)--I J 01LAVl1Jly II ILALVIILAI u11LA M14141YIy production, free 11V111 defects, Ullu Ju111Vi1int lVl
IliLn. pulp✓sae. Intended. vvvuci .Jhali be NV1.vvred Franc frvi~i any .nian..vvi!Li into rest er vtliier
ken, encumbrance eno[ mbrance or claim of any third 'party. I/1 ny services provided under this I/\n,rvmmenf
shall provided in accordance with generally professional standards the
s lall be I.Ir�vtVVV with generally accepted professional standards forLiIV
pnrtnula,r_SefViee These IVurrunf1nJ shall survive inspection, acceptance, passage of title
and,payment by the County.
Conttr�actor further-warrants to the County that all materials and equipment,� furnished underrr
the -Docume'1'C.'7".s liuii be applied, installed, connected"",,",erected �"""'a"sed-r-cile..uii�""""
and conditioned accordance the_..in tions applicable --e1c rnrso„„,,.
LAI V11 IIIVIIVu in accordance with instructions of the all l./IIVUVY uVLNIVI ,
fabricators, suppliers [fir,,processors except otherwise provided for-in--the Con tt
ILAbIIVULVI J, JUI.J I./11t.l y��Vl or-processors except V\.Nl as otherwise VVIJa. provided VV �����Vl/lltr�l
Documents.
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conformance �n�ith the Contract Documentsi Contractor shell nnrrnnt it promptly after
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rnnninf of Inn-iffnn nnfinn fram,.thn (so.wll a . (`nntrnntnr shell .,Inn hn rnnnnnnihln for nne1 nnl,
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for replacement yr repair of adjacent materials or Work which may he damaned as a result
N1 N ILA V II VVI IV i11uy NV uu11TU aJVu uJ u I1Null
of replacement repair. These warranties are-in--addition to those implied
VI such replacement or
warranties to which the County is entitled as a matter of law.
26. TESTC AND INCDCCTICMIC If the Contract Documents nr any nodes _ laws
1 l...V I ✓ rn1r.. I IV1114I. 11 Illy VI NVL VVVU111v111J VI ally vVa.IVJ, ILAVVJ,
nrrlinnnnnn rl Iles or rnn111nfinnn of anll in biiv Duilivrif,l having iurisdivtivn ever than.. Drnienf
VIu11 IN!1VVJ, Iu1v0 VI Ivyuluuvl lJ y N y 1J, l IVwvl
requires s. portion of the to_.. specifically inspected, o. proved
I v1.1 ul111...1' any portion Work be specifically tested or- approved,
Contractor shall assume fail responsibility therefore, pay ail costs in connection therewith
and..furnish to the Cool lnfy the required certificates of inspection, testing or inpp rnI lal /\II
u11 u1111J11 to the v,/ullly LIIv Iv1.lu11Vu V1IL111Vla1VJ VI 111J1.1a..vuv11, LVJIIIIIJ. VI 1LJ1./1VVu1. All
inspections, tests or approvals shall be manner-and-by-organizations
VI LAI.I I.II V VLAIJ Nl IUII Ala. performed in a "
acceptable to the County.
27. • PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost
of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable is responsible for any loss or damage
to the Work, or other work or materials of the County or County's separate
contractors, Contractor shall be charged with the same, and any monies necessary
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to replace such loss or damage shall be deducted from any amounts due to
Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect
to the Project. If Contractor, or its subcontractors, agents or anyone, for whom
Contractor is legally liable, disturbs the County's benchmarks, Contractor shall
immediately notify the County. The County shall re-establish the benchmarks and
Contractor shall be liable for all costs incurred by the County associated therewith.
28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by the County in advance.
29. CHANGES IN THE WORK. The County shall have the right at any time during the
progress of the Work to increase or decrease the Work. Promptly after being notified of a
change, Contractor shall submit an estimate of any cost or time increases or savings it
foresees as a result of the change. Except in an emergency endangering life or property,
or as expressly set forth herein, no addition or changes to the Work shall be made except
upon modification of the Purchase Order by the County, and the County shall not be liable
to the Contractor for any increased compensation without such modification. No officer,
employee or agent of the County is authorized to direct any extra or changed work orally.
Any modifications to this Agreement shall be in compliance with the County Procurement
Ordinance and Procedures in effect at the time such modifications are authorized.
30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
31 . ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall attempt
to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
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33. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
34. I I KEY, PERSONNEL. The Contractor's personnel and management to be utilized for
r._�rwv��r�u r.. The vvr-ruvty � v J�rr r and management u t.rrry Y'rt t utilized
this project shall be i\nvvuiedgeabie in their areas`of expertise. The County reserves the
right to perform investigations as may be deemed necessary to ensure that competent
persons will be utilized in the performance of the Agreement. The Contractor..shalll_..assign
.
as many people as necessary to complete the services of l a timely basis, and each"person
assigned-shall be"available for an amount of time adequate'to"meet"the-required service
dates. The Contractor shall not change Ley Personnel unless the following conditions are
met-("1) Proposed replacements have..substantially the same or better qualification
and/or experience. (2) that the County is notified in writing as far in advance as possible
The Contractor shall'make commercially reasonable efforts to notify°Collier County within
seven (7)days of the change. The County retains final approval of proposed replacement
personnel.
■ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete required services on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet
required services.
35. I I ORDER.OF PRECEDENCE In the event of any conflict between or among the terms
V V V 1\V L. r l l the Ili V V r r
of any of the Contract Documents, the terms...of solicitation, the Contractor's-Proposal,
andlor the-County's Board approved Executive Summary, the Contract'Documents shall
take precedence.
• ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or
among the terms of any of the Contract Documents and/or the County's Board approved
Executive Summary, the terms of the Agreement shall take precedence over the terms of
all other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at County's discretion.
36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void. If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
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assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
This may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four(4) years. All of Contractor's employees and subcontractors must wear Collier County
Government Identification badges at all times while performing services on County
facilities and properties. Contractor ID badges are valid for one (1) year from the date of
issuance and can be renewed each year at no cost to the Contractor during the time
period in which their background check is valid, as discussed below. All technicians shall
have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division
via e-mail (DL-FMOPS(a�colliercountvfl.gov) whenever an employee assigned to Collier
County separates from their employment. This notification is critical to ensure the
continued security of Collier County facilities and systems. Failure to notify within four (4)
hours of separation may result in a deduction of $500 per incident.
Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being
performed in any of their locations. This will be coordinated upon award of the contract. If
there are additional fees for this process, the Contractor is responsible for all costs.
38. SAFETY. All Contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable
rules and regulations. Also, all Contractors and subcontractors shall be responsible for
the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health
Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way
for the purpose of inspection of any Contractor's work operations. This provision is non-
negotiable by any division/department and/or Contractor. All applicable OSHA inspection
criteria apply as well as all Contractor rights, with one exception. Contractors do not have
the right to refuse to allow OSHA onto a project that is being performed on Collier County
Property. Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision
Page 13 of 21
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[2025 ver.21
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shall only be made by Collier County's Risk Management Division Safety Manager and/or
Safety Engineer.
IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed
this Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kirazel Clerk of the Circuit COLLIER COUNTY, FLORIDA
Court and;; ollerw�
By: By:
Dated: % P.60141 Dan Kowal, Chairman
(SEAL):Attest as fa Chairman's
signature only
Contractor's Witnesses: Phillips Environmental,LLC.
Contractor
DBA
� r �
c[ ( ( r IS By:
Contractor's First Witness Signature
Bryan Mclsaac, Chief Financial Officer
Rochelle Davis TType/print signature and titleT
TType/print witness name
c1: '
Contractor's Second Witness
Kristi Cosner
TType/print witness name
A ved as For and Legality:
County Attorney
Print ame
Page 14 of 21
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Exhibit A
Scope of Services
�■ following this page (pages 1 through 1 7 )
this exhibit is not applicable
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Exhibit A—Scope of Services
#25-8412 "Disaster Debris Removal and Disposal Services"
1. General Information
1.1 Collier County seeks to establish contractual arrangements with Debris Disaster Contractors(DDCs)to provide disaster-
related debris management services to include but not be limited to the collection, separation, staging, processing,
reducing, and environmentally-approved disposal of debris, hazardous material, large-and small-scale debris removal
projects, mixed debris,vegetative and construction and demolition debris removal, hazardous waste handling,hazardous
tree trimming and removal,stump grinding and removal of sand,mud,silt,gravel,white goods,vehicles,vessel wreckage
from streets and rights-of-way,and all additional scopes of work as described herein and/or other obstacles resulting from
disasters.
1.2 No guarantee is expressed or implied as to the quantity of services to be procured under this agreement; no work is
guaranteed.
1.3 The recovery process must be immediate,rapid,efficient,and with acceptable cost controls and accountability procedures
in place to ensure that the County will have the means to be reimbursed for all eligible disaster recovery costs from
appropriate Federal and State Agencies.
1.4 The selected Contractors must be prepared to carry out the assigned tasks in compliance with the applicable provisions of
Collier County's Solid&Hazardous Waste Management Division Disaster Debris Management Plan(DMP),as annually
reviewed and amended as necessary,attached hereto as Exhibit"A".
1.5 Debris removal work shall consist of clearing and removing any and all "Eligible"debris as most currently defined by the
Public Assistance Grant Program guidelines, Federal Emergency Management Agency (FEMA) Publication Public
Assistance Program and Policy Guide (PAPPG), all applicable state and federal Disaster Specific Guidance (DSG)
documents,FEMA fact sheets and policies and as directed by the County Authorized Representative.Any debris quantities
that are in question with regard to eligibility should be brought to the County Authorized Representative's attention for a
written determination.Eligibility also includes meeting any changes in definition,rules,or requirements regarding debris
removal reimbursement as stipulated by FEMA or presidential declarations during the course of a debris removal project
and during the awarded contract term.
1.6 Overall,the Contractors are responsible for work that will include:
i. Examine and work in conjunction with the County and its agents to determine eligible debris
ii. Loading the debris
iii. Hauling debris to County-approved Debris Management Sites(DMS)or Final Disposal Sites(FDS)
iv. Sorting,processing,and reducing debris
v. Hauling reduced debris for final disposal to FDS(s)
1,7 It shall be the Contractors responsibility to load,transport, reduce,and properly dispose of any and all disaster-generated
debris which is the result of the event under which the Contractors were issued Purchase Orders,unless otherwise directed
by the County Authorized Representative, in writing.
2. Work Guidelines
2.1 All work under this agreement must be in full compliance with regulatory agency requirements,performed and consistent
with the most current Federal Emergency Management Agency (FEMA) rules and guidelines, Public Assistance grant
program guidelines,Florida Division of Emergency Management(FDEM),state, local,and other applicable government
guidelines
2.2 No guarantee of work is expressed or implied as to the quantity of services to be procured under this agreement;no work
is guaranteed.
2.3 Hourly rates and all other negotiated expenses will remain in effect throughout the duration of the contract/contract period.
2.4 The awarded contract does not entitle any Contractor to exclusive rights to County contracts. The County reserves the
right to perform any and all available required work in-house or by any other means it so desires, in compliance with the
Procurement Ordinance,as amended.
2.5 In reference to vehicle travel, mileage and man-hours spent in travel time are considered incidental to the work and not
an extra compensable expense.
2.6 Standby and idle time are not paid items.
2.7 Collier County reserves the right to add or delete, at any time, any or all tasks or services associated with the awarded
contract.
2.8 Any Single Large Project: The County, in its sole discretion, reserves the right to separately solicit any project that is
outside the scope of this solicitation,whether through size,complexity,or the dollar value.
2.9 All work under this agreement shall be performed in accordance with FEMA rules and guidelines for federal
reimbursements and with 2 CFR 200.317-326 as updated,and where applicable.
3. PROCEDURES FOR OBTAINING WORK ASSIGNMENTS WHEN FEMA FINANCIAL ASSISTANCE WILL BE
USED TO FUND ALL OR A PORTION OF THE WORK UNDER A RESULTANT PURCHASE ORDER:
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3.1 The County's Authorized Representative's will follow the procedure outlined below for obtaining quotes for projects with
a value of$10,000 or less:
3.1.1 A quote will be requested from one (1) of the Contractors awarded on a basis that ensures a relatively even
distribution of the work over the term of the contract. Previous experience working on a facility or with a
particular specialty may be considered in selection provided the overall goal of a relatively even distribution of
the work is still maintained.
3.1.2 The Contractor shall respond with the information and/or proposal sought within seven(7)calendar days.
3.1.3 Contractor will commence work upon the County's issuance of a Purchase Order.The Contractor agrees that any
Purchase Order that extends beyond the expiration date of the awarded contract will survive and remain subject
to the terms and conditions of the resultant contract until the completion or termination of work.
3.2 For Projects with a value over $10,000 and up to $250,000, or a project not exceeding the simplified acquisition
threshold amount in place at the time of the disaster,and as set forth by the Federal Acquisition Regulation at 48
CFR subpart 2.1,whichever amount is greater:
3.2.1 Bidding documents such as a Summary of Work,Plans and/or Technical Specifications,etc.,will be provided to
all of the awarded Contractors,along with a bid schedule for providing price. Project timeline and the collection
of liquidated damages may be specified in the Request for Quotation.
3.2.2 The County's Authorized Representative will set the required response time for each project, but Contractors
will be given a minimum often(10)business days to provide a quote.Other projects may require a longer quoting
period to allow for proper coordination. Some projects,urgent in nature,may require a shorter response schedule
at the County Authorized Representative's discretion.This period may also include a pre-bid meeting
3,2.3 The Contractor shall provide a completed bid schedule based on the quote schedule provided, including any
identified unit prices and add/deduct alternates.
3.2.4 Ancillary charges may be transferred to the County in the actual amount;however,mark-ups will not be allowed.
Mark-ups will not be allowed on sales tax,consumer fees or taxes,use and other similar taxes,or fees associated
with any work under this Agreement.
3.2.5 The County Authorized Representative's will review all quotes received,and if a minimum of three responsive
quotes are not received, or if the lowest quote is outside the budget, the County may re-quote the project or
formally solicit.
3.2.6 Payment and Performance Bonds will be required for projects over$200,000 and shall be provided in accordance
with F.S. § 255.05.
3.2.7 The Contractor will commence work upon the County's issuance of a Purchase Order. The Contractor agrees
that any Purchase Order that extends beyond the expiration date of the awarded contract will survive and remain
subject to the terms and conditions of the awarded contract until the completion or termination of work.
3.2.8 The County reserves the right to waive any or all of these requirements and to separately solicit any job if it's in
the best interest of the County.
3.2.9 Projects exceeding$250,000, or a project exceeding the simplified acquisition threshold amount in place
at the time of the disaster,and as set forth by the Federal Acquisition Regulation at 48 CFR subpart 2.1,
whichever amount is greater, will be formally solicited and publicly advertised by the County, in
accordance with Procurement Ordinance, as amended. The bid opportunity will be open to qualified
bidders beyond the pool of vendors awarded under the awarded contract for this solicitation.
The above quoting procedures and thresholds will not apply during Exigency or Emergency (E&E) Circumstances, as
determined by the County. In such a situation, the County reserves the right to forego quoting procedures and issue a
Purchase Order to one or more of the qualified Contractors under the awarded contract to perform the work necessary
to address the E&E circumstances.
4. Order of Activation
4.1 The County intends to award multiple contractors for disaster debris removal services.The process established in Section
3 will be followed. For Exigency or Emergency(E&E)Circumstances the County shall activate one or more Contractors
at the County's discretion. The order of activation of Contractors is at the discretion of the County. The Contractors will
be chosen based on the type of work needed to be done, the scope, the Contractor's experience in handling that type of
work, and their availability.
4.2 The Contractors are not guaranteed any minimum amount of work,and no compensation shall accrue unless and until the
contract is activated in the form of a Purchase Order issued by the County.
4.3 The number of contracts activated will be based on the magnitude and complexity of the County's needs. It shall be the
County's sole determination whether more than one Contractor will be used at any given time. If two(2)Contractors are
utilized, the County may assign each Contractor a specific zone in which to operate. In the event two Contractors are
utilized,each contractor shall fully cooperate with the other contractors,subcontractors,the County's Debris Monitor,and
County personnel in the performance of their assignments.
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5. Contractors Responsibilities
5.1 Provide all expertise,personnel,tools,materials,equipment,transportation,supervision and all other services and facilities
of any nature necessary to execute, complete and deliver the timely removal and lawful disposal of all eligible disaster-
generated debris, including hazardous and industrial waste materials; all of which shall be provided in accordance with
FEMA debris removal guidance,found in the FEMA Public Assistance Program Policy Guide(PAPPG)that states eligible
debris is:
i. That which is determined to eliminate immediate threats to life,public health,and safety.
ii. That which has been determined to eliminate immediate threats of significant damage to improved public or
private property; and
iii. That is considered essential to ensure the economic recovery of the affected community to the benefit of the
community at large.
5.2 Provide cost-effective and timely removal and lawful disposal of debris accumulated on all public properties, residential
properties,streets,roads,other rights-of-way,and public-school properties, including any other locally owned facility or
site as may be directed by the County. Services will only be performed when requested and as designated by the County.
5.3 The Contractors shall be responsible for all labor,equipment,fuel,traffic control costs and other associated costs necessary to
pick up and transport eligible disaster-related debris existing on the County Right-of-Ways (ROW), except for certain
situations,to a County approved Disaster Debris Management Site(DMS)or a County approved Final Disposal Site(FDS)in
accordance with all local,state,and federal rules and regulations.
5.4 Provide,supply,and maintain a sufficient quantity of collection equipment to complete the debris management project in
accordance with the collection rates established in the awarded contract or as pre-approved in writing by the County to
complete the final stages of the project within the established timelines. Collection equipment shall remain in place until
the debris collection is complete or when determined by the County and Contractors to be adequate to complete the
recovery effort. Unless the County determines that the downsizing of the operation is warranted,equipment leaving the
County prior to completion of the recovery effort shall be replaced with equal or better equipment.
5.5 Be capable of assembling,directing,and having the capacity to manage a major workforce,with multiple sub-Contractors,
that can be fully operational in debris management operations and to cover the expenses of a major recovery prior to being
paid by the County. Established management teams must be in place.Contractors must have the resources to provide the
equipment and personnel necessary to cover a major disaster.
5.6 The Contractors shall assign a knowledgeable and responsible Representative to act as the Primary Contact for the
County's designated Authorized Representative.
5.7 Supervise and/or direct all contracted services performed by its employees, agents, and Sub-contractors. Contractors is
solely responsible for all means,methods,techniques, safety,and other procedures.
5.8 The Contractors shall employ and maintain a qualified supervisor at the work site(s) who shall have full authority to act
on behalf of Contractors. Multiple work sites will require equal supervision as outlined above. Contractors must ensure
that sufficient supervision is provided to manage multifaceted debris management operations that may include projects
that require separate coordination,tracking, and documentation; additional supervision and/or project management staff
shall be provided if requested by the County for these projects.
5.9 Be responsible for the conduct of work, related to planning and conducting all operations in a satisfactory workmanship
manner. The Contractors shall demonstrate and maintain a courteous and responsive demeanor toward all citizens,
especially when working on individual private properties.All operations shall be conducted under the review of a County
Representative at times, places, and by means as directed by the County. Contractors shall have and require strict
compliance with a written Code of Ethics to be provided by the County.
5.10 The Contractors shall ensure that all employees assigned to render the Services are duly qualified,registered, licensed or
certified to provide the Services required. The County may require in writing that Contractors remove from the services
being provided any of Contractors' personnel that the County determines to be incompetent, careless or otherwise
objectionable.No claims for an increase in compensation or contract term based on the County's use of this provision will
be valid.
5.11 The Contractors shall be responsible for determining and executing the method and manner for lawful disposal of all
eligible debris, including regulated hazardous waste,unless otherwise directed by County.
5.12 The Contractors shall perform contracted services in a professional and workmanlike manner and in compliance with all
applicable laws, ordinances, rules, regulations, and permits. Only the highest quality workmanship shall be acceptable.
Services,equipment,and workmanship not conforming to the intent of the Contract or meeting the approval of the County
may be rejected. Replacements and/or rework, as required,shall be accomplished at no additional cost to the County.
5.13 Conduct the work so as not to interfere with the disaster response and recovery activities of local, state, and federal
governments or agencies,or of any public utilities.
5.14 Provide a dedicated crew to collect specific debris piles that cause health and safety issues around hospitals,public schools,
County facilities,or other requested properties,as directed by the County.
5.15 Provide technical guidance and consultation before,during,and after a disaster event.
5.16 Provide trained administrative support, onsite management staff to work with County officials, field supervisors,
operators, drivers, laborers, and all associated vehicles, equipment,tools, and supplies necessary to ensure a successful
recovery operation.
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5.17 Be experts on the most current FEMA and FDEM guidelines.
5.18 Provide documentation of all efforts to complete all work directed under the awarded contract as soon as feasibly possible,
and in accordance with established timelines for completion of debris-related activities for the specific event, as defined
by FEMA or other federal reimbursement program guidelines or as agreed to with the County.The County will direct the
scope and nature of the work to be performed once the extent of damage has been determined.
5.19 Provide all permits and services necessary for the containment, clean up, removal,transport, storage,testing,treatment,
and/or disposal of hazardous waste and industrial materials,including white goods,E-Waste,putrescent debris,and mixed
debris,resulting from the event.
5.20 Provide and enforce a safe work environment as prescribed in the Occupational Safety and Health Act of 1970, as
amended. The Contractors shall provide such safety equipment, training, and supervision as may be required by the
County and/or other governmental regulations. Contractors shall ensure that its sub-Contractors contain a similar safety
provision.
5.21 Provide daily reports regarding staffing and equipment inventory to verify that the cost-effective and efficient removal
and lawful disposal of accumulated debris is being performed.Collection activities shall be monitored,and crews shall be
responsible for providing detailed information on collection locations as requested.
5.22 Contractor shall be responsible for the removal of all debris up to the point where remaining debris can only be described
as storm litter, and additional collection can only be accomplished by the use of hand labor and all DMS mitigation and
damages by Contractor have been resolved.
5.23 Provide final close-out audit support.
5.24 The Contractors shall also support Public Utilities and Stormwater for pumping operations(i.e.,wastewater pump stations
and stormwater swales)and generators,as requested.
6. Contractors Performance Standards
6.1 Contractor Representative
6.1.1 The Contractor shall assign a Representative who shall be readily available during normal working hours by
phone outside of an impending disaster and accessible 24-7 when a disaster is impending.
6.1.2 A Contractor's Representative shall be available locally throughout the duration of recovery efforts and be
available to meet daily with County Authorized Representative.
6.1.3 The Contractors' Representative shall have the authority to implement all actions required to begin the
performance of contracted services and Contractors' General Operations Plan.
6.1.4 The Contractors Representative may be required to be located at the Collier County EOC to facilitate
coordination of debris removal operations with the County Authorized Representative.
6.1.5 The Contractors'representative may be required to attend daily project meetings with the County for the duration
of the work.
6.1.6 The Contractors shall provide technical assistance to assist the County in determining which DMS will be used.
6.2 Activation Response Time
6.2.1 When a major disaster occurs or is imminent,the County will contact the Contractors Representative to advise
of the County's intent to activate the contract. The Contractors shall begin coordination with the County
Authorized Representative. This may include staffing and/or preparing reports.
6.2.2 The County, upon contacting the Contractors Representative,will issue a Purchase Order(PO).The issuance of
the PO authorizes the Contractors to begin pre-storm preparations, including but not limited to staging of
equipment for immediate response post-disaster.
6.2.3 The Contractors' Representative shall have a maximum of 24 hours from PO issuance to send a management
team to report to the County Authorized Representative to begin planning for the operation and mobilizing of the
personnel and equipment as necessary to perform the work. Failure to mobilize the management team within the
allowed time may result in the selection of another Contractor.
6.3 Mobilization
6.3.1 Provide sufficient equipment and forces, prepared for a debris removal mission in Collier County for the first
push/clearance(See Section 12—Emergency Push/Road Clearance)within 24 hours of issuance of a PO.
6.3.2 Within 48 hours of issued PO, Contractors shall provide sufficient equipment and forces to remove at least
3,000 cy per day and increasing that rate after the fourth day,by a minimum of 30,000 cy each day,building to
a consistent, minimum daily rate of 50,000 cy of debris collected, or as modified by the County based on need
of the severity and impact of the storm event(s)and operational conditions of the County. Additional resources
may be required to meet the debris activities based on the scope and impact of the event. Adjustments to these
minimums may be required by the County based on the size and scope of the disaster event.
6.3.3 Failure to mobilize in the allowed time may result in the selection of another Contractor.
7."Blue Skies"Planning and Coordination
7.1 Prior to the beginning of each hurricane season,the Contractors shall attend a meeting with the County to meet and engage
with stakeholders(i.e.,road and bridge, incorporated areas,fire districts, etc.)
7.2 The Contractors shall provide a minimum of one (1) day (up to 8 hours) of on-site, annual training of selected County
staff in essential debris management and collection functions, to ensure appropriate and responsive interface with field
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debris collection Contractors and County, State,and Federal Agencies.
7.3 The Contractors shall meet with the County and the Debris Monitoring Consultant to finalize and test the processes for
inspection and documentation that are to be used during the response and recovery phase of debris removal. This meeting
is to occur annually or may be included as part of the required training day.
7.4 The Contractors may be called upon throughout the contract to render services to assist the County with special needs and
events related to disaster recovery and/or planning activities other than full-scale disasters.
7.5 Provide assistance in updating the County's Disaster Debris Management Plan (Exhibit A). The Contractors shall be
responsible for knowledge and compliance with all local, state, and federal laws, rules, practices, and regulations. The
Contractors shall be familiar with the County's approved Debris management plan
7.6 The Contractors shall assist with DMSs preparation and pre-approval, including but not limited to an Operation Plan for
each DMS. The Contractors shall assist with securing private properties and establish DMS(s) as necessary, to
ensure an adequate number of DMSs for a timely debris removal mission. Private land contracts will not be
permitted without prior approval from the County.(See Section 24-DMS)
8. Contractor Sub-Contractors
8.1 The Contractors may subcontract project debris removal. Utilizing any third party shall not relieve Contractors from any
direct liability or responsibility to the County pursuant to the provisions of this Contract or obligate the County to make
any payments other than payments due to the Contractors as outlined in this RFP and the awarded contract.
8.2 The Contractors shall be responsible for the acts or omissions of its Sub-contractors to the same extent Contractors are
responsible for the acts and omissions of their own employees. Contractors shall ensure compliance with all legal
provisions and ensure that all their Sub-contractors have and carry the same major provisions of the contract and that the
work of their sub-contractors is subject to said provisions in the awarded contract.
8.3 Nothing contained in the RFP shall create any contractual relationship between any subcontractors and the County.
8.4 The Contractors shall supply the names and addresses of subcontractors and materials suppliers if requested by the County.
8.5 The Contractors shall provide the County, prior to starting work,an affidavit from each subcontractors, stating there is a
signed contract between the Contractors and the sub-contractors.That contract shall require the sub-contractors to comply
with all applicable local, state, and federal requirements and shall specifically include a section that sets forth the
requirements CFR title:200.321.
9. Coordination with Debris Monitoring Contractors
Coordination and assistance with the Debris Monitoring Contractors by the Contractors is crucial to the success of the debris
removal mission and shall include, but is not limited to,the following:
9.1 See Section 7—Blue Skies Planning and Coordination
9.2 Assist with training to ensure properly equipped facilities and safe operations.
9.3 Scheduling,dispatching,and logistical operations of the field inspectors assigned to work areas of storm debris cleanup.
9.4 Coordinate the survey with the Monitors and the County of the affected areas for special situations,surfacing needs, and
general damage assessment to include, but not be limited to, identifying tree stumps and the management of root balls,
hazardous trees,C&D debris,or other potentially hazardous situations.
9.5 Coordinate location of debris monitoring tower(s)at DMS operations to ensure appropriate location and specifications as
described herein are satisfactory to the Debris Monitoring Contractor.
9.6 Truck Certification
9.6.1 Coordination to determine vehicle certification in accordance with the most current FEMA truck certification
methods,vehicle assignments,and provide the necessary vehicle decals or placards for ease of identification and
tracking.
9.6.2 Ensure that each vehicle has one numbered certification form prepared with a written description of the
measurements (the actual physical measurement performed by the County's Debris Monitoring Contractor),
detailed diagram showing the overall inside dimensions, the dimensions of any and all, side boards, and/or
deductions, and photograph attached. Deductions, such as doghouses, slant plates, etc., shall be shown as a
deduction from the total cubic yards. Example: Measure and diagram length times Width times Height divided
by 27 = Total CY. Second, measure and diagram the "deduction item" and subtract from the total CY. The
maximum load capacity of each hauling vehicle will be rounded to the nearest whole cubic yard(CY)(Decimal
values of.1 through .4 will be rounded down, and decimal values of.5 through .9 will be rounded up). The
measured maximum load capacity (as adjusted) of any vehicle load bed shall be the same as shown on the
certification form and placarded on each numbered vehicle or piece of equipment used to haul debris.
9.6.3 Contractor name and vehicle certification number shall be on the placard along with the certified capacity in
cubic yards(CY).
9.6.4 All vehicles or equipment used for hauling shall have and use a County/Contractor-approved tailgate.
9.6.5 Any changes to the equipment size or capacity,i.e.,adding or removing sideboards,tailgates,etc.,will require it
to be recertified.This new certification shall be attached to the original certification and documented as to when
and/or why recertification was required and occurred.
9.6.6 A certified report with a complete list of all certified vehicles with the type of vehicle,make and model, license
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plate number and/or trailer VIN number, assigned debris hauling number and total adjusted CY information
including details of tailgates, sideboards, and deductions, in cubic yards, of the load bed of each piece of
equipment to be utilized to haul debris. shall be maintained, updated, and provided to the County whenever
equipment is added,modified,or deleted.(See Section 26-Documentation).
9.6.7 Certification forms shall be in triplicate, sequentially numbered, and verified by a County Representative. The
County shall retain the original certification copy,the Contractor shall retain the second copy,and the third copy
shall remain in the certified vehicle. Digital copies of truck certifications, forms, and photographs may be used
in place of hard copies when applicable technologies are both available and if they conform with and are
compatible with an approved ADMS used by the debris monitoring Contractor.
9.7 Debris Reporting Tickets
9.7.1 An approved and auditable electronic debris ticket database, established through the use of an approved
Automated Debris Monitoring System (ADMS)provided by the County's debris monitoring contractor,may be
used in place of serialized copies of the debris reporting tickets. In this event, load tickets will be replaced by
ADMS-generated receipts or reconciled electronic database,where applicable.
9.7.2 Debris Monitoring Contractors shall inspect each load to verify that the contents are in accordance with the
accepted definition of eligible debris as determined in accordance with local, state, and federal rules and
regulations. If any load is determined to contain material that does not meet the definition of eligible debris,e.g.,
debris collected from private property, the load shall be directed to an alternate disposal or processing facility.
The Contractors shall not invoice the County for ineligible loads (See Section 29—Invoices & Payment). The
County,through its authorized Representative, will be the sole judge as to whether the material conforms to the
definition of eligible debris, and its decision will be final for the purposes of invoicing.
9.7.3 Once the debris removal vehicle has issued a load ticket,the debris removal vehicle will proceed immediately to
a County-approved DMS or a County-approved Final Disposal Site(FDS). The debris removal vehicle will not
collect additional debris once a load ticket has been issued.
9.7.4 The Contractors shall verify that all load tickets contain the appropriate information (i.e., truck certification
number,street address/intersection)
9.7.5 The Contractors shall keep records of contract haulers' trucks,to include cubic yardage,or loaded weight,time
in and time out, number of loads per day,and other data as requested.
9.7.6 The Contractors shall ensure all debris collection and disposal information required by FEMA or other
regulations is documented on each load ticket.The Contractors shall submit all original load tickets to the County
(See Section 26-Documentation)
9.7.7 The Contractors shall communicate and reconcile their load ticket copies with the Debris Monitoring Contractor,
no less than once per week. Discrepancies shall be noted and resolved prior to the next reconciliation period.
After reconciliation,accept the debris reporting tickets or approved ticket database as the certified,original source
document,to account for the measurement and accumulation of the volume of debris delivered and processed at
the reduction and/or disposal sites as verified by the County Representative.
10.Public Communication
10.1 Coordinate with the County for public information coordination, including but not limited to Operational Plan schedules,
proper set-out of debris,etc.
11. Equipment
11.1 The Contractor must provide a detailed listing of readily available equipment, specify owned or contracted, at the
beginning of every hurricane season, including,but not limited to,debris removal trucks,haul out trucks,street sweepers,
chainsaws,skid steers,bucket trucks, loaders,etc.(See Section 26-Documentation)
11.2 Large debris that cannot be handled by standard debris operations may require the use of low-boy trailer, skid steer, or
other specialized equipment.
11.3 Handload trucks, trailers, or equipment shall be used only with prior written authorization of the County. These "hand
loaders"must remove all eligible debris.
11.4 Trucks used for debris removal shall have a minimum capacity of 50 cubic yards, unless otherwise authorized by the
County.
11.5 All Contractors' equipment must be capable of self-unloading; equipment that must be unloaded by hand or requires
assistance from the operator at the DMS site will not be permitted to dump at DMS.
11.6 The Contractors shall operate all trucks,trailers,and all other equipment in compliance with any/all applicable local,state,
and federal rules and regulations.
11.7 Equipment shall be in good working condition,with no fluid leaks,and must have an enclosed rear or operable tailgate.
11.8 No unapproved improvised tailgates are allowed, e.g., chain link fencing, etc. All loading equipment shall be operated
from the road,street,or ROW using buckets and/or boom and grapple devices to collect and load debris.
11.9 No equipment shall be allowed to operate on private property or outside of the public ROW unless otherwise directed by
the County.
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12. Emergency Push/Road Clearance/First Push
12.1 Work shall consist of all sufficient equipment and forces necessary to clear,cut,toss,or push various types of debris from
primary transportation routes as identified by and directed by the County,pursuant to local, state,and federal guidelines,
within 24 hours of issuance of a PO.(See Section 6—Performance Standards)
12.2 Contractor shall stage first push equipment as referenced in 6.3.2, and roads shall be passable within 72 working hours
of the issued PO.
12.3 Contractor(s)shall be prepared with proper equipment for pushing large debris,and if necessary,to pick up debris where
there is no room to push, including but not limited to sand,chainsaw crews,as necessary.
12.4 Contractors are expected to collaborate with County agencies(i.e.,fire stations,road and bridge shops)to stage equipment
in preparation for this work.
12.5 Contractor will be provided a map of critical roads leading to hospitals. This may include roadways in incorporated areas
within the County.
12.6 County and/or incorporated area forces may assist the Contractors in performing this task, depending on the severity of
the disaster.
12.7 At the direction of the County,clear runways are utilized for aircraft.
13. General Debris Removal Operations
This section applies to all debris removal operations.
13.1 Work shall consist of all labor, equipment, fuel,traffic control costs, proper handling, and removal of all environmental
hazards, and other associated costs necessary to remove, collect, recover, transport, and dispose of eligible debris in
accordance with all local,state,and federal rules and regulations.
13.2 Unless otherwise directed by the County, all debris, including regulated hazardous waste, shall become the property of
Contractors for removal and lawful disposal. The debris will consist of, but not be limited to, mixed debris, vegetative,
construction and demolition,sand piles,white goods/appliances,electronics,and household hazardous waste.
13.3 Authorized Representatives and agents of the government shall be permitted to inspect all work, materials, invoices,and
other relevant records and documentation.
13.4 The County will authorize and approve which services Contractors shall provide which zones/areas must be
prioritized.All debris identified by the County must be removed.The geographic boundary for work by Contractors'
crews shall be only as directed by the County and will be limited to properties located within the County's
jurisdictional boundaries. Collection activities shall be monitored, and crews shall be responsible for providing
detailed information on collection locations as requested.
13.5 The Contractors shall be responsible for the security of debris on/in each vehicle or piece of equipment utilized to haul
debris. Prior to leaving the loading sites, Contractors shall ensure that each load is secure and trimmed so that no debris
extends horizontally beyond the bed of the equipment in any direction or vertically above FDOT maximum height
requirements;tailgates must be closed. All loose debris shall be reasonably compacted and secured during transport. As
required, Contractors will regularly survey the primary transportation routes used by Contractors& its subs and recover
fallen or blown debris from the roadway(s).
13.6 Unless otherwise directed,collected debris shall be hauled or transported to a County-approved DMS. Direct hauling to
the Final Disposal Site(FDS) must be approved by the County.
13.7 Any debris removal activity that generates noise levels above that normally associated with routine traffic flow is to be
permitted during daylight hours only and must adhere to local noise ordinances.
13.8 The Contractors shall mitigate the impact on local traffic conditions to the greatest extent possible while collecting or
managing debris. Contractor is responsible for establishing and maintaining appropriate traffic control, as necessary,
during debris removal operations and in accordance with the most current edition of the US Department of Transportation
Manual of Uniform Traffic Control Devices(MUTCD).
13.9 The Contractor shall utilize a street sweeper, manual labor,or other means, as necessary,to remove debris remains,such
as loose nails,etc. If debris is pushed onto or along the roadway,the roadway must immediately be swept manually or by
a mechanical Street Sweeper so that no debris remains on the roadway. Street sweeper supplied by Contractors may be
required to restore roads to safety, reduce glass,or dangerous debris on roads.
13.10 In areas where a debris truck cannot fit,other equipment, including but not limited to a loader and/or skid steer,must be
utilized to remove debris.Many streets in the City of Marco have this requirement,and in the Isles of Capri(low-hanging
power lines).
13.11 The Contractors will exercise due diligence in removing debris and will exercise caution when working around public
utilities (i.e.,gas, water, electric). Every effort will be made to mark these utilities, but the County does not warrant that
all utilities will be located before debris removal begins, nor do Contractors warrant that utility damage will not occur
because of properly conducting Contracted services.
13.12 Contractor Property Damage
13.12.1 The Contractors shall use reasonable care not to damage any real or personal property. Should any property be
damaged due to the Contractors' or sub-Contractors operations or negligence, the Contractors shall return the
property to its original condition at the expense of the Contractor. The determination of"negligence" shall be
made by the County.
13.12.2 The Contractors shall be responsible for reporting to the County and cleaning up all hazardous material or
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waste spills caused by the Contractors'operations at no additional cost to the County.
13.12.3 Immediate containment actions shall be taken as necessary to minimize the effect of any spill or leak.
Cleanup and reporting shall be in accordance with applicable local, state, and federal rules and regulations.
13.12.4 The Contractors shall respond to all damage complaints within 48 hours of receipt.
13.12.5 The Contractors shall maintain a Damage Log, tracking all damage complaints including date and point of
contact, proposed resolution, status of repairs or settlement, and date of documented release. Contractors shall
review this list with the County Authorized Representative a minimum of weekly and provide copies of all
releases.(See Section 26- Documentation)
13.12.6 If at any time the damage list exceeds 10 open claims without scheduled repairs or at the discretion of the County,
the Contractor shall provide,at no additional cost to the County, a dedicated staff member to resolve damage
claims.
13.12.7 Upon written notice from Contractors that the damage correction work is complete,the County,or designee,will
make a final inspection with Contractors and will notify Contractors in writing of any deficiencies in the project.
Contractors will correct all deficiencies before final acceptance and final payments for the work order. All
Contractor damages must be resolved prior to project closeout unless otherwise agreed to by the County.
13.12.8 The County may, at its sole discretion, elect instead to either bill Contractor for the damages or withhold funds
due to Contractor.
13.13 Work Hours
13.13.1 The Contractor is responsible for providing a schedule (See Section 26 -Documentation) to the County for
collection and Debris Management Site(DMS)operations.Adjustments to workdays and/or work hours shall be
as directed by the County following consultation and notification to Contractors.
13.13.2 The Contractors may conduct debris removal operations 30 minutes prior to and 30 minutes after the published
sunrise/sunset,seven(7)days per week,unless prohibited by the County.
13.13.3 No work will be performed on the following holidays without prior approval by the County. Independence Day,
Thanksgiving Day,and Christmas Day.Additional time off must be agreed to by Contractors and the County.
13.14 Right-of-Way(ROW),Public Road Removal,and Public Drop-off Removal
13.14.1 The Contractors shall remove all eligible debris from the ROW when directed to do so by the County in
accordance with local,state,and federal rules and regulations.
13.14.2 The Contractors shall commence removal within the performance standards described in the contract.
13.14.3 When the County elects to utilize public drop-off sites, Contractor(s) shall remove debris from respective
locations.
13.15 Right-of-Entry(ROE)Removal-Commercial,Private Property,Roads,and Gated Community Debris Removal
13.15.1 The Contractor shall not enter private property,a private road,or a gated community without prior authorization
from the Debris Monitoring Contractor or the County Authorized Representative.
13.15.2 The County or Debris Monitoring Contractor will secure all necessary permissions, waivers, and or Right-of-
Entry (ROE) Contracts from private/gated real property owners required for the lawful removal of debris from
real properties following local, state,and federal guidelines.
13.16 Passes
13.16.1 The Contractors will provide a collection schedule,as requested. (See Section 26—Documentation)
13.16.2 Partial removal of debris piles is strictly prohibited unless there is an unsafe condition that is documented and
provided to the County. All debris identified by the County must be removed in accordance with all local,state,
and federal rules and regulations.
13.16.3 Sufficient time shall be permitted between subsequent passes to accommodate reasonable recovery and additional
debris placement at the ROW by the citizens and the County.ROW will be cleaned up,and any damaged property
will be documented from each location before proceeding to the next location unless directed otherwise by the
County. Contractors shall not move from one designated work area to another designated work area without
prior approval from the County's Authorized Representative.
14. White Goods
14.1 Work shall consist of all labor, equipment, fuel,traffic control costs, proper handling, and removal of all environmental
hazards,and other associated costs necessary to remove,collect,recover,transport,and dispose of eligible white goods in
accordance with all local,state,and federal rules and regulations.
14.2 The Contractors is responsible for the collection,removal of refrigerants,transportation,and the recycling of white goods
shall be done in accordance with all local, state, and federal regulations, as well as unit decontamination in a contained
area,as necessary.
14.3 White goods containing refrigerants shall have the refrigerant removed by a certified technician prior to the recycling of
the white goods. Documentation of the removal of the refrigerant shall be provided to the County. (See Section 26 -
Documentation).
14.4 White goods may be collected without removing the refrigerant if the white good is manually placed into a hauling vehicle
with lifting equipment so that the refrigerant lines are not damaged.
14.5 White goods are banned from landfill disposal in the State of Florida and must be recycled in accordance with all rules
and regulations of local, state,and federal regulatory agencies.
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15. Household Hazardous Waste(HHW)
15.1 Work shall consist of all labor, equipment, fuel,traffic control costs, proper handling, and removal of all environmental
hazards, and other associated costs necessary to remove, collect, recover, transport, and dispose of eligible HHW in
accordance with all local,state,and federal rules and regulations. .
15.2 The collection,transportation,and disposal of HHW includes obtaining all necessary local,state,and federal permits and
operating in accordance with all rules and regulations of local,state,and federal regulatory agencies.
15.3 All HHW shall be managed as regulated hazardous waste and disposed of at a permitted Hazardous Waste Transfer,
Storage or Disposal Facility. The County shall approve all facilities utilized by the Contractors prior to any HHW
shipments.
15.4 The Contractors shall provide completed certified hazardous waste manifests to the County once the waste has been
processed for disposal by the final disposal site. (See Section 26-Documentation).
15.5 Final payment to the Contractors shall not be made until all completed certified hazardous waste manifests have been
provided to the County.(See Section 28—Fee Schedule).
15.6 The Contractors may use the subcontracting services of a firm specializing in the management and disposal of such
materials and waste.
16. Electronics
16.1 Work shall consist of all labor, equipment, fuel,traffic control costs, proper handling, and removal of all environmental
hazards, and other associated costs necessary to remove, collect, recover,transport, and dispose of eligible e-waste such
as televisions,computers,and computer monitors in accordance with all local,state,and federal rules and regulations.
17. Dead Animals(carcasses)
17.1 Work shall consist of all labor, equipment, fuel, traffic control costs, proper handling, and removal of all environmental
hazards,and other associated costs necessary to remove,transport,and dispose of eligible dead animal carcasses,on land,
beach,or waterway, in accordance with all local,state,and federal rules and regulations.
18. Tires
18.1 Work shall consist of all labor, equipment, fuel,traffic control costs, proper handling, and removal of all environmental
hazards, and other associated costs necessary to remove, collect, recover, transport, and dispose of eligible tires in
accordance with all local,state,and federal rules and regulations.
19. Vegetative Debris(Hazardous,leaning Trees, Hangers,Stumps)
19.1 Work shall consist of all labor,equipment,fuel,traffic control costs,proper handling,and other associated costs necessary
to remove, collect, recover, transport, and dispose of eligible vegetative debris in accordance with all local, state, and
federal rules and regulations.
19.2 At a minimum,the hazardous condition was caused by the storm and poses an immediate threat to health and safety.
19.3 Fallen trees,which extend onto the ROW from private property,shall be cut at the point where the debris enters the ROW,
and that part of the debris which lies within the ROW shall be removed.
19.4 The most recent version of FEMA PAPPG policy for documentation of stumps and hazardous limbs, and trees shall be
followed, but at a minimum, the following documentation (See Section 26 - Documentation) must be obtained for each
stump removed:
i. Photographs and GPS coordinates that establish the location is on public property.
ii. Specific narrative describing the threat to health and safety
iii. Diameter of the stump or tree,as applicable
iv. Quantity of material needed to fill the resultant hole,as applicable
19.5 Diameter of trunks shall be measured two (2) feet above ground, unless otherwise directed in the most recent FEMA
guidance documents.
19.6 Chainsaw Crew
19.6.1 Should chainsaw crews be required after the initial first push, the chainsaw crews must be monitored by the
County's debris monitoring firm.
19.6.2 Detailed invoices consisting of at a minimum,the number of crewmen,hours worked,location,and description
of work performed shall be submitted with the monthly invoice. Unauthorized work shall not be paid for. (See
Section 28 - Fee Schedule)
20. Concrete
20.1 Work shall consist of all labor,equipment,fuel,traffic control costs,proper handling,and other associated costs necessary
to remove,collect,recover,transport,and dispose of eligible concrete in accordance with all local,state,and federal rules
and regulations.
21. Demolition
Demolition,Removal,Transport and Disposal of Structures-Non-Regulated Asbestos Containing Material (Non-RACM)
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and Regulated Asbestos Containing Material(RACM)
21.1 Work shall consist of all labor,equipment,fuel,traffic control costs,proper handling,and removal of all environmental
hazards, and other associated costs necessary to decommission, demolish, remove, transport, and dispose of eligible
structures, in accordance with local,state,and federal regulations.
21.2 The Contractor(s) is required to strictly adhere to any and all local, state, and federal regulatory requirements for the
demolition, handling, and transportation of structures (such as obtaining demolition permits, etc.). Work will only be
authorized by the County Authorized Representative.
21.3 Under this service, work will include Asbestos Containing Material (ACM) testing, decommissioning, structural
demolition,debris removal,and site remediation.
21.4 Decommissioning consists of the removal and disposal of any RACM,and all Household Hazardous Waste(HHW),E-
Waste, White Goods, and Waste Tires shall be disposed of in accordance with all applicable local, state, and federal
rules and regulations.
21.5 Asbestos, HHW, E-Waste, White Goods, and Waste Tires will be paid in accordance with applicable line items. Any
tip fees for asbestos shall be a pass-through cost.
21.6 Debris shall be paid in accordance with the applicable line and items for C&D and equipment,as applicable.
22. Abandoned Vehicle Removal
22.1 Work shall consist of all labor, equipment, fuel,traffic control costs, proper handling, and removal of all environmental
hazards, and other associated costs necessary to remove, collect, recover,transport, and dispose of eligible vehicles, on
land or in water, in accordance with all local,state,and federal rules and regulations.
22.2 Vehicles severely damaged by a disaster, abandoned in or on the canals, Intra-coastal areas, and beaches of the County
will be collected by the Contractors, processed for removal, and transported to a suitable location for final disposal in
accordance with applicable regulations. Special coordination with outside agencies and additional effort and measures
may be required for environmentally sensitive areas.
22.3 The Contractors shall remove motor vehicles damaged by the disaster and abandoned by the owner in a manner that
complies with all requirements for removal of abandoned vehicles, including the removal of hazardous materials, e.g.,
batteries,gasoline,oils,and other fluids.
22.4 The County shall identify the area(s)from which motor vehicles are to be removed.
22.5 The Contractors shall also ensure proper final disposal of the removed vehicle.
23. Abandoned Vessel Removal
23.1 Work shall consist of all labor, equipment, fuel,traffic control costs, proper handling, and removal of all environmental
hazards, and other associated costs necessary to remove, collect, recover, transport, and dispose of eligible vessels, on
land or in water, in accordance with all local,state,and federal rules and regulations.
23.2 Vessels severely damaged by a disaster,abandoned in or on the canals, Intra-coastal areas,and beaches of the County will
be collected by the Contractors, processed for removal, and transported to a suitable location for final disposal in
accordance with applicable regulations. Special coordination with outside agencies and additional effort and measures
may be required for environmentally sensitive areas.
23.3 The Contractors shall remove vessels damaged by the disaster and abandoned by the owner in a manner that complies
with all requirements for removal of abandoned vehicles, including the removal of hazardous materials, e.g., batteries,
gasoline,oils,and other fluids.
23.4 The County shall identify the area(s)from which vessels are to be removed.
23.5 The Contractors shall also ensure proper final disposal of the removed vessels.
23.6 Length of a vessel shall be derived by measuring,in a direct line,from the top-center of the vessel's stern to the top-center
of its bow.
24. Debris Management Sites(DMS)
24.1 Work shall include all activities related to DMS activation,preparation,management,maintenance,operation,and closure,
as described herein.
24.2 The Contractor(s) shall establish, prepare, manage, conduct operations, and restore all DMSs in accordance with local,
state,and federal permits including but not limited to the most recent FDEP Guidance document;FEMA PAPPG,or any
subsequent editions, EPA, and Florida Department of Health (FDH), Occupational Safety and Health Administration
(OSHA) guidelines. The Contractors shall also be responsible for any and all costs associated with third-party
groundwater and soil testing or wildlife surveys.
24.3 The Contractor(s)shall obtain and pay for all permits and testing required to construct,operate,maintain,close,and restore
or reclaim DMSs, in accordance with local, state, and federal regulations, and to the satisfaction of the property owner
and County.
24.4 The Contractors shall protect existing structures at the sites and repair any damage caused by his operations at no additional
cost to the County.
24,5 Contractor shall maintain the main ingress and egress roads to DMS.
24.6 The Contractors shall be responsible for all costs incurred for baseline,ongoing,and post DMS site closure environmental
sampling/testing/drilling resulting from Contractor operations(e.g.,petroleum spill,hydraulic fluid spill,oil spill,damage
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to existing wells,etc.)
24.7 Activation and Preparation
24.7.1 The Contractors are responsible for securing private properties and establishing DMSs as necessary,to ensure an
adequate number of DMSs for a timely debris removal mission. Private land contracts will not be permitted
without prior approval from the County. Management of these sites shall be subject to all terms outlined in this
document, including but not limited to DMS management,environmental controls,and site remediation. To the
extent lease costs are found to be reasonable per FEMA, state, and local guidelines,they will be reimbursed to
Contractors without any additional markup.
24.7,2 Annually, the Contractors shall coordinate inspections with the County of identified DMS site(s) no later than
the month of May of each contract year to fully gauge all conditions that may impact contract performance.DMS
identified by the County may vary from year to year. Within 30 days of each site visit, the Contractors shall
prepare and submit one (1) copy of an operational plan (See Section 26 - Documentation) to the County's
authorized Representative. This plan is to address site setup, pre-use activities, post-use activities, and
operational activities. The plans shall include pre- and post-video and other checklists to assure proper
management of the site.The plan shall be drawn to a scale of 1"=50' and address the following functions:
• Access to site(ingress and egress)
• Site management,to include point-of-contact,organization chart,etc.
• Sample locations(i.e.,soil and groundwater)
• Site preparation-clearing,erosion control,and grading
• Traffic control procedures
• Traffic flow-tower locations
• Safety
• Site Security
• Site Layout/Segregation of debris
• Location of material containment area,Contractors work area,and inspection tower
• Location of reduction operations, including considerations for smoke, dust, noise, traffic, buffer zones,
and storm water runoff as appropriate
• Location of existing structures or sensitive areas requiring protection
• Restoration plan of the Site
24.7.3 If directed by the County, Contractors will coordinate inspections with FDEP for the approved site prior to
hurricane season in coordination with the County's debris monitoring contractor.
24.7.4 Provide prior to beginning operation at a DMS, the condition of the sites shall be time-stamped photographed,
or video recorded by the Contractors and its condition documented and agreed upon by the County,Contractors,
and Property Owner if applicable.
24.7.5 Contractor(s) shall utilize T&M prices for preparation (i.e., bushhogging, stone, dirt, and equipment for
ingress/egress) of a DMS site within the first 70 hours of commencing a debris removal operation. Any costs
incurred for maintaining the DMS(s)thereafter, including industry standard practices (i.e., silt fence), shall be
borne by the Contractor(s). DMS layout and ingress and egress plan must be approved by the County Authorized
Representative.
24.7.6 The Contractors shall provide roofed towers (elevated platforms) from which the County's authorized
Representative can make volumetric load calls and for load inspection in accordance with FEMA requirements.
Tower(s)shall comply with all applicable county building codes and OSHA standards for Health& Safety. The
Contractors shall construct at least one(1)inspection tower at each DMS site.The County may require additional
inspection towers to improve traffic flow through the DMS sites, at no additional cost to the County. At a
minimum,the tower(s)shall be constructed so that inspectors are capable of looking into every truck all the way
to the bottom of the vehicles(at least 13'). Each facility shall include a roofed inspection tower sufficient for a
minimum of three (3) inspectors for the inspection of all incoming and exiting loads. Scissor lifts may be
substituted for a maximum of 48 hours from the commencement of DMS operations prior to the construction of
the roofed inspection towers.
24.8 Operation and Management of DMSs
24.8.1 Work shall include all labor,equipment,fuel,traffic control costs,and other associated costs necessary to operate
and manage DMS for acceptance,management,segregation,and staging of debris in accordance with local,state,
and federal law,standards,and regulations.
24.8.2 All debris shall be processed in accordance with local, state, and federal law, standards, and regulations.
Processing shall include, but is not limited to, reduction by grinding and/or incineration when approved by the
County. Prior to reduction,all debris shall be segregated by common waste material classifications, e.g., mixed
debris, vegetative debris, construction and demolition debris, recyclable debris, white goods, hazardous waste,
etc.
24.8.3 The Contractors shall remove from service all unsafe, malfunctioning, and/or equipment leaking oil or other
fluids immediately. The Contractors shall be responsible for removing all leaked fluids from the affected soil
and pavement and provide all necessary environmental reports.
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•
24.8.4 The Contractors shall operate DMS(s) sites in accordance with Occupational Safety and Health Administration
(OSHA),EPA,and FDEP guidelines,and manage the sites to minimize the risk of fire.All DMS and other debris
collection sites shall be maintained in full accordance with all applicable federal,state,and local laws,ordinances,
regulations,and standards. Fire lanes and adequate access shall be provided. Debris reduction activities shall be
performed at each DMS to maintain the safe and efficient operation of the site.
24.8.5 The Contractors are responsible for erosion control, storm water management, fire control, rodent and insect
control, animal control in general, noise abatement, odor control, dust and particle control, and other DMS
management and maintenance.
24,8.6 The Contractors shall provide utility clearances and sanitation facilities, including portable toilets with hand
washing accessories and a working office trailer, and any other items necessary for DMS operations and
management. The Contractors shall be responsible for all associated costs necessary to provide DMS utilities
such as,but not limited to,water, lighting,and portable toilets.
24.8.7 The Contractors shall be responsible for all associated costs necessary to provide DMS traffic control such as,
but not limited to,signage,traffic cones,staff with traffic flags,and barricading to ensure the safety of vehicular
and pedestrian traffic at all debris removal,reduction and/or disposal sites.
24.8.8 The Contractors shall be responsible for preparing the DMS to accept and process debris. This preparation work
consists of all work and materials necessary to build and maintain stabilized roads for ingress or egress, or any
roads throughout the DMS; any environmental requirements to include, but not be limited to, wind-born debris
control fencing, grubbing, clearing, erosion control, water retention, grading, construction and maintenance of
haul roads and entrances.The Contractors shall construct and maintain an all-weather road for access to the DMS
and other debris collection sites. The Contractors will be responsible for obtaining any required permits,which
shall be paid at cost by the County. All other site preparation, maintenance,operation,and restoration costs are
the responsibility of the Contractor. The County's responsibility for any road maintenance and support ends at
the right-of-way line.
24.8.9 The Contractors shall secure each DMS to provide for the immediate health, safety, and welfare of the public,
working personnel, personal injury, equipment damage, vandalism, unapproved dumping, and/or property,
material removal.
24.8.10 If requested by the County, the Contractors shall be responsible for providing County-approved 24-hour DMS
security.
24.8.11 The Contractors shall only permit Contractors vehicles and others specifically authorized by the County or its
authorized Representative on site(s).
24.8.12 Unless County approved, the County provided DMSs shall not be utilized for overnight camping, lodging,
parking,or parking of motor homes,travel trailers,dump trucks,debris removal equipment,etc.Contractors will
only permit Contractors vehicles and others specifically authorized by the County's authorized Representative
on sites.
24.8.13 The Contractors shall provide sufficient site supervision of all assigned activities. The Contractors shall provide
at least one(1)supervisor at every DMS site,who shall have full authority to act on behalf of the Contractor and
its sub-Contractors and all communications given to the supervisor or liaison officer in writing by the County's
authorized Representative shall be as binding as if given to the Contractors. The Contractors must have a means
to communicate with all workers and haulers.
24.9 Debris Processing and Reduction
24.9.1 Work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to
manage and operate DMS for the acceptance,management,segregation,staging and reduction of debris through
County approved means(i.e.grinding,compaction,burning)and in accordance with local,state,and federal rules
and regulations.
24.9.2 Contractors are responsible for sorting and stockpiling the debris at DMS(s)and processing debris in accordance
with local, state, and federal law, standards, and regulations. Debris shall be clearly segregated and managed
independently by debris type (C&D, vegetative debris, hazardous materials, white goods, and other scope of
service items), program (ROW collection, private property debris removal, etc.). All unreduced storm debris
must be staged separately from reduced debris at the DMS.
24.9.3 Contractors shall sort the C&D and make every effort to recycle as much material as possible to reduce the overall
volume transported to an FDS. The Contractors shall keep any funds received from the recycling process. The
Contractors shall provide to the County a recycling plan for all debris waste streams, including a list of potential
recycling facilities and their respective permits.
24.9.4 The Contractors shall collect,consolidate, compact, and remove C&D debris from the DMS to a final disposal
site(FDS). (See Section 28—Fee Schedule).
24.9.5 The Contractors shall reduce the vegetative debris prior to taking it to the final disposal site(s) (FDS)through
grinding. Reduction through Air Curtain Incinerator(ACI),or open burning must be pre-approved by the County,
Division of Forestry,FDH,and must comply with the Environmental Protection Commission's(EPC)Open Burn
rule,Chapter 1-4.04(c)(3)(as outlined in Florida Administrative Codes 62-256.770,62-210.300 and 62-296.401
and any other applicable regulatory agencies as required prior to commencement of reduction activities.
Nonetheless,no pile burning of storm-generated debris is allowed,unless authorized by a State emergency order.
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24.9.6 The Contractors shall be responsible for all associated costs necessary to provide lined containers or containment
areas for the segregation of any HHW that may be mixed with disaster debris. The Contractors are also
responsible for all associated costs necessary for HHW to be disposed of at a permitted Hazardous Waste
Treatment, Storage and Disposal Facility(TSDF).
23.9.7 The Contractors shall take precautions while handling hazardous waste and white goods to prevent the release of
gases and fluids such as Freon,various oils,and fluids into the environment.
24.9.8 The Contractors shall provide qualified and certified Freon Recovery and Hazardous waste crews to process
debris. The Contractors shall remove and recover Freon from any white goods at the DMS site(s) or final
disposition site in accordance with all local,state,and federal rules,regulations, and laws.
24.10 Haul-out and Disposal of Reduced Debris to Final Disposal Site(FDS)
24.10.1 Work consists of loading and transporting reduced eligible disaster-related debris to a County-approved FDS.
24.10.2 The Contractors shall identify locations available for the disposal of debris.
24.10.3 The Contractors shall provide the name, address, and permit number of each disposal facility to be used, along
with the name and the telephone number of a responsible party for each facility,prior to commencing the work.
(See Schedule 26—Documentation)
24.10.4 The Contractors shall provide all labor and equipment and pay for associated costs to load and transport reduced
debris,such as C&D and mulch,to a County-approved FDS in accordance with all local,state,and federal rules
and regulations,and as monitored by the Debris Monitoring Contractors.
24.10.5 The Contractors will be responsible for the reduction of all reducible debris and for the maximum capacity
loading of all vehicles necessary to haul out reduced or unreduced debris, in accordance with local, state, and
federal regulations.
24.10.6 Haul-out and disposal of debris and other products shall be in accordance with all applicable local, state, and
federal laws,standards,and regulations.
24.10.7 Haul-Out shall occur at a minimum every five(5)days to avoid the accumulation of materials and to reduce fire
hazards.
24.11 Closure
24.11.1 Unless otherwise approved by the County,the Contractors are responsible for the closure of the debris site within
thirty (30) calendar days of receiving the last load of disaster related debris and notice by the County, the
Contractors shall cease debris collection activities and remove all Contractors equipment and temporary
structures and dispose of all residual debris from the DMS sites at an approved,final disposition site.This closure
shall include removal of site equipment, debris, and all remnants from the processing operation (such as
temporary toilets, observation towers, security fence, etc.), grading the site, providing environmental
remediation,and restoring the site to pre-work conditions.
24.11.2 Once stockpiled debris is removed from the site, the Contractors shall test soil and groundwater, and the test
results shall be compared to baseline test results to determine if contaminants are present. Any additional testing
costs requested by the County or FDEP shall be borne by the Contractors.
24.11.3 The Contractors are responsible for the restoration,reclamation,and remediation work,as directed by the County
and/or regulatory agencies. Site remediation will be conducted in accordance with all state and federal
environmental regulatory requirements and will be approved by the County and FDEP. The Contractors shall
receive approval from the County as to the final acceptance of a site closure.
25. Stormwater Conveyances,Waterways,and Beaches
25.1 Debris located outside of ROW, on embankments, submerged (partially or in full),or located in mangroves is classified
as waterway debris, including but not limited to hanging vegetation over waterways.
25.2 Means and methods for access to and for waterway debris removal must be approved by the County, including labor,
specialized equipment,barges,boats,etc.
25.3 Special coordination with outside agencies and additional effort and measures may be required for environmentally
sensitive areas(i.e., mangroves).
25.4 For waterways and conveyances only accessible through private property(ies), the County shall obtain private property
access.
25.5 All eligible debris shall be paid in accordance with Waterway Schedules. (See Schedule 28—Fee Schedules)
25.6 Stormwater Conveyance and Waterway Drainage Systems
25.6.1 Work shall consist of all labor, equipment, fuel, traffic control costs, proper handling, and removal of all
environmental hazards,and other associated costs necessary to clear County maintained stormwater conveyance
systems and facilities and remove and transport eligible debris,including but not limited to silt,muck,and foreign
objects,to a County approved DMS or FDS, as directed by the County, in accordance with all local, state, and
federal rules and regulations.
25.6.2 These conveyance systems and facilities include, but are not limited to,subsurface storm pipe systems, ditches,
swales,canals,catch basins and storm inlets/outlets,culverts,stormwater ponds,creeks,mangroves,and bridges.
25.6.3 Initial work will focus on clearing blockages and other impediments to water flow of the designated stormwater
conveyance system and/or facility.
25.6.4 After water flow is restored, subsequent work will consist of further clearing storm debris in the designated
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waterways and removing any remaining storm debris deposited in, under, and adjacent to the designated
stormwater conveyance system and/or facility. This will include the removal and disposal of trees, branches,
brush, silt, sand, C&D, and any other items or foreign objects designated as debris by the County or its
representative.
25.7 Beach Rake and Screen
25.7.i Work shall consist of all labor, equipment, fuel, traffic control costs, proper handling, and removal of all
environmental hazards, and other associated costs necessary to scrape or rake, eligible debris-laden sand on
County beaches, and transport removed debris to a DMS or disposal site,as directed by the County.
25.7.2 Screening of sand or soil will only be permitted when directed in writing by the County or its authorized
representative.
25.8 Sand and/or Soil Debris Screening
25.8.1 Work shall consist of all labor, equipment, fuel, traffic control costs, proper handling, and removal of all
environmental hazards, and other associated costs necessary to scrape or rake, and collect, and remove eligible
debris laden sand or soil from County beaches or roadways,haul to a processing screen,process the sand or soil
through a maximum two(2)-inch screen, haul screened sand or soil to a location designated by the County (no
more than 20 miles from screening site),shaping(as necessary),and transportation of the screened debris to final
disposal, as directed by the County, in accordance with all local,state,and federal rules and regulations.
25.8.2 Removal of eligible debris-laden sand from County beaches will only be permitted when directed in writing by
the County or its authorized representative.
25.8.3 Screening of sand or soil will only be permitted when directed in writing by the County or its authorized
representative.
25.9 Restoration
25.9.1 Work shall consist of all labor, equipment, fuel, traffic control costs, proper handling, and removal of all
environmental hazards, and other associated costs necessary to restore shoreline, embankments, or berms, as
directed by the County, in accordance with all local, state,and federal rules and regulations.
26. Documentation
26.1 The Contractors shall reference sections above that reference documentation for requirements related to lists,reports,etc.
26.2 The Contractors shall submit sufficient reports and/or documentation for debris loading, hauling, disposal, and load
capacity measurements, and any other services provided by Contractor as may be required by the County and/or other
governmental entity to support requests for debris project reimbursement from external funding sources.
26.3 Within 36 hours of activation and at least once per week until project closeout, Contractors will provide updated total
debris estimates by material type remaining to be collected and remaining to be sent to final disposal.
26.4 The Contractors shall maintain manifest tickets in an organized manner for proper record review and storage.
26.5 The Contractor(s) shall provide daily reporting with updates on the scheduled activities as requested by the County as
morning and evening projections. This reporting shall include the following, but is not limited to:
i. Name of the Contractors and sub-Contractors,
ii. Quantity of trucks and equipment in use by type,
iii. Number of personnel working,
iv. Hauling Quantities,
v. Whether to Contractors' knowledge,any quantities are ineligible for reimbursement due to insufficient approval,
monitoring,or other reasons,
vi. Uncollected piles for any reason,
vii. Next day collection and operation plan,
viii. Roads where and number of pass conducted,
ix. The quantity of debris(by type)removed and disposed of,
x. The total number of personnel crews engaged in debris management operations,and
xi. The number of grinders, chippers, and mulching machines in operation, along with incoming and outgoing
quantities by material type at DMS sites.
26.6 The Contractors shall completely describe the daily conduct of Contractors'operations.The report shall include daily and
cumulative hourly statistics on the number of hours worked clearing debris.The cumulative and daily statistical totals for
each equipment type shall be reported separately.
26.7 The Contractors shall fully comply with the data collection requests of the County's Debris Monitoring Contractors.
26.8 The Contractors will be subject to audit by local, state,and federal agencies pursuant to this Contract. Contractors shall
maintain all reports, records,debris reporting tickets, invoices, and contract correspondence for a period of not less than
seven(7)years.
26.9 Public records law requires that all records that are not exempt must be made available upon request by the public. The
County may unilaterally cancel this contract for refusal to comply with this provision.
26.10 Upon final inspection and/or closeout of the project by County,Contractors shall prepare and submit a detailed description
of all debris management activities to include, but not be limited to the total volume, by type of debris hauled, reduced
and/or disposed of, plus the total cost of the project invoiced to County. Contractors shall provide any other additional
information as may be necessary to adequately document the conduct of the debris management operations for the County
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and/or other government entity. The report shall include a section detailing any private property damages or claims,the
satisfaction of these claims,as well as the status of any outstanding claims that require further action by the Contractors.
27. Liquidated Damages
27.1 The County shall have the right to retain from any payment due Contractors under the awarded contract, an amount
sufficient to satisfy any amount of liquidated damages due and owing to the County by Contractors on any other Contracts
between Contractors and the County.
27.2 The Contractor shall pay the County, as liquidated damages, for the following:
i. $10,000.00 per calendar day of delay to mobilize in the County with the resources required to begin debris
removal operations,within 72 hours of being issued a Purchase Order.
ii. $1,000.00 per load of disaster debris collected in the County that is not disposed of at a County-approved DMS
or County Designated Final Disposal Site. Application of liquidated damages does not release the Contractor of
all liability associated with hauling and depositing material to an unauthorized location.
iii. $1,000.00 per day where the Contractor fails to sufficiently clean collection site(s) within thirty (30) calendar
days of receiving the last load of disaster related debris and notice by the County, so that no loose leaves and
small debris in excess of one bushel basket remain, no debris is left on the road surface, and no single piece of
debris larger than six (6) inches remains on site. The application of liquidated damages does not release the
Contractor from the responsibility of sufficiently cleaning the collection site(s).
iv. $100.00 per incident, per day where the Contractor fails to repair damage that is caused by.the Contractor or
subcontractor(s). The application of liquidated damages does not release the Contractor from the responsibility
of resolving or repairing damages.
v. If the Contractor,including its subcontractors, leaves its assigned zone prior to completion of the work specified
in the Purchase Order,to"cherry pick"debris within another assigned zone or collect debris from outside of their
assigned zone,then liquidated damages shall be assessed at$1,000.00 per occurrence.
vi. Unless the County determines that downsizing the operation is warranted, liquidated damages will be assessed
at$1,000.00 per day for any piece of equipment leaving the County prior to completion of the recovery effort
that was not replaced with equal or better equipment.
vii. For volume reduction,the Contractor cannot exceed more than 3 days of peak volume material of unprocessed
material.Liquidated damages shall be assessed at$1,000.00 per calendar day for any day in which the minimum
processing rate is not met, unless non-compliance is due to insufficient debris amounts being delivered to the
site.
viii. Processed material cannot be stored more than 10 days after being processed. Liquidated damages shall be
assessed at$1,000.00 per calendar day for any day in which the minimum haul-out rate is not met, unless non-
compliance is due to insufficient debris amounts being delivered to the site.
28 Fee Schedule
28.1 Exhibit B-Fee Schedule attached provide line items for the work included in the contract.Quantities listed are estimated
for bid evaluation purposes only and may not reflect actual usage. Please note: There are four (4) tabs incorporated
into the Fee Schedule. Pricing shall be provided for each of the tabs and each line item listed. Any items that the
proposer wishes to bid a price of$0,should state"$0". Do not leave any bid line item blank.
i. Land—Sections A -D
ii. Waterway—Sections E-H
iii. Labor Equipment—Section I -J
iv. Gen-Pump Fuel—Section K
28.2 Schedules A through D are schedules for debris removal, processing, and disposal. This includes debris removed from
right-of-way, public roads,public drop-off sites,commercial and private property,and roads and gated communities.
28.3 Schedules E through H are schedules for debris removed from stormwater conveyances,waterways, and beaches.
28.4 Schedule I and J is for equipment and labor. This schedule is to be used for the first push/road clearance period (See
Section 12—First Push/Road Clearance)and debris management site preparation(See Section 24—DMS).
28.5 Schedule K is for generators,pumps,and fuel support.
28.6 Services performed under the contract element will be compensated using the Fee Schedules and the rates specified in
those schedules.The fees and rates listed shall be the total compensation for Services and shall be inclusive of all costs to
include salaries, office operation, fuel, transportation, equipment, overhead, general and administrative, incidental
expenses,fringe benefits,and operating margin, unless otherwise noted.
28.7 The Contractors understand and agree that this is a firm unit price contract and there shall be no allowances or
reimbursement for any cost whatsoever except as otherwise explicitly provided in this Contract. Contractors agree to
fulfill their obligations under this Contract, regardless of cost, for the sole and sufficient compensation stated in fee
schedule with no expectation of additional compensation.The County will not be obligated to pay Contractors any amount
in excess of the price specified in the fee schedule.
28.8 All costs and fees associated with the disposal of debris will be reviewed for reasonableness by the County Authorized
Representative prior to issuing any such authorization. The County may specify the final disposition site.
28.9 No separate payment will be made for mobilization and demobilization operations.
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28.10 The Contractors may invoice the County for costs incurred to mobilize and demobilize specialized equipment not included in
the fee schedule and may be required to perform services in addition to those specified within the awarded contract. Additional
specialized services will only be performed when directed by the County. The rate for specialized services shall be in
accordance with the rates provided in the fee schedule.
28.11 Items not included shall be negotiated in advance of providing the service and shall be fair and reasonable as determined by
the County and included in the Purchase Order if it is a one-time need. Should the items be used throughout the term of the
award contract an amendment will be executed.
28.12 Purchase order(s) will be issued based on the scope of services that is authorized by the County's Authorized
Representative for costs of services represented in the Fee Schedule.
29 Invoices& Payment
29.1 Invoices must reference the purchase order authorizing the service.
29.2 Invoices shall be submitted per line item in the fee schedule.
29.3 Invoices must be submitted based on the applicable FEMA incident time periods as defined by FEMA during the disaster
recovery period. The time periods impact the FEMA reimbursement percentage and must be adhered to.
29.4 Invoices shall be submitted to the County's Debris Monitoring Contractor for verification of FEMA requirements.
29.5 Invoices must be submitted to the Clerk at bccapclerk(&collierclerk.com
29.6 All invoices must be submitted electronically in both Microsoft Excel format and PDF of the invoice detail.At a minimum,
the invoice detail must consist of a tabular report listing all ticket information required by the County. Invoice detail
submittals will be checked against Debris Monitoring Contractor records or by an authorized County Representative.
29.7 Submission of invoices will be based on the Payment Recommendation Report as provided by a County's Debris
Monitoring Contractor. If such a Payment Recommendation Report does not agree with the Contractors' invoice,only the
amount of eligible expenses will be paid. The Contractors are required to resolve any differences between the Payment
Recommendation Report and the Contractors' invoice. Any differences resolved that are deemed eligible for payment
should be submitted on a new invoice and include a description of the final resolution of the original differences identified.
29.8 The County reserves the right to request other invoice documentation that may not be defined above in order to reconcile
and approve the Contractors invoices.
29.9 The County reserves the right to request additional invoice separation by debris type (C&D, vegetative debris,
limbs/stumps,white goods,or other scope of service items),or program(ROW collection,private property debris removal,
insured roads,debris zone,etc.)and/or by County Division or incorporated areas,insured areas,unincorporated areas,and
public schools of Collier County.
29.10 If tasked with Private property, FEMA, FDEM,state,or locally funded roadway debris removal operations,these will be
invoiced separately from ROW collection removal operations. All supporting documentation must be included with the
invoice.
29.11 Final disposal costs,such as tipping fees,shall be passed through to the County without markup on the monthly invoices.
29.12 The Contractors must submit a final invoice within ninety (90)days of completion of the scope of services. Completion
of the scope of services will be acknowledged, in writing, by the County's Representative Authority. The final invoice
must be marked"FINAL INVOICE" and no additional payments will be made after the Contractors' final invoice.
29.13 With the exception of HHW and unless otherwise directed by the County,the Contractors shall be responsible for paying
all disposal tipping fees and providing all scale tickets or other related&required documentation to the Debris Monitoring
Consultant needed to receive eligible reimbursement through FEMA for such fees.
29.14 Payment for final disposal costs, such as tipping fees incurred by the Contractors at a County-approved Final Disposal
Site that meets local,state, and federal regulations for disposal will be reimbursed by the County as a pass-through cost.
Prior to reimbursement by the County, the Contractors must furnish an invoice in hard copy and electronic format,
matching scale/weigh ticket numbers with load ticket or haul-out ticket numbers and other applicable information. The
Contractors will also be required to provide proof of Contractors payment to the County approved Final Disposal Site in
order to be reimbursed.
29.15 The Contractors shall not receive any payment from the County for the removal,transportation,storage,reduction and/or
disposal of any debris that were determined by the County and/or other government entity as ineligible debris or for work
which the Contractors was not formally authorized to perform by the County, including but not limited to unauthorized
final disposal site.
29.16 Work not ticketed or not authorized by the County will not be approved for payment. Additionally, any ticket submitted
for payment must be legible and properly completed. Tickets missing loading address, truck number, certified capacity,
collection monitor signature,disposal site, load call or disposal monitor signature will not be paid,nor will the County be
responsible for unpaid incomplete tickets.
29.17 The Contractors are responsible for payment to all subContractors utilized for the services rendered within this scope of
services. The Contractors shall execute release waivers with all subContractors to release the County from payment to
subContractors directly.The release waivers for all subContractors will be provided to the County prior to final invoice.
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30. Public Assistance Application
30.1 The Contractors will be responsible for technical, clerical, and information technology assistance to the County in
completing any and all forms necessary for reimbursement from State or Federal agencies, including the Federal
Emergency Management Agency Department of Homeland Security, the State of Florida, Florida Department of
Environmental Protection (FDEP), and the Federal Highway Administration or the Department of Housing and Urban
Development (HUD) relating to eligible costs arising out of the disaster recovery effort. This may include, but is not
limited to, the timely completion and submittal of reimbursement requests, preparation, and submittal of any and all
necessary cost substantiations,and preparation of replies to any and all agency requests, inquiries,or potential denials.
30.2 In the event that any portion of this scope of services is to be funded by State or Federal funds,the Contractors will comply
with all requirements of the state or federal government applicable to the use of the funds. The County will only pay for
those items deemed eligible by FEMA or FDEM,unless the County otherwise agrees in writing.
30.3 The Contractors shall provide and be capable of working with different accounting and tracking systems.
31. Performance and Payment Bond
31.1 The Contractor will furnish Construction Performance and Payment Bonds in conformance with Florida Statute 255.05
within seven (7) days after a PO is issued, as security for the faithful performance and payment of all Contractor's
obligations under the Contract.The amount of the bonds will be determined at the time of the event based on the expected
volume of debris that will need to be cleared throughout the County.
31.2 These Bonds will remain in effect at least until one (1) year after the date when final payment becomes due, except as
provided otherwise by laws or regulations or by the Contract documents.The bond shall be issued by an agency authorized
to do business in the State of Florida with a rating of"A"or higher,as listed in the A.M.Best&Company's latest published
rating. An attorney in fact who signs Performance and Payment Bonds must file with the bond a certified copy of his/her
power of attorney to assign said bond. Performance and Payment Bond amounts for other events shall be determined
based on the severity and magnitude of the event. Performance and Payment Bonds for each event shall comply with all
other requirements, unless otherwise stated.
32. Price Modifications
32.1 The Contractor may request a fee adjustment six(6)months prior to the contract renewal date. The fee adjustments shall
be fully documented, including documentation of compliance with FEMA cost reasonableness requirements, and
submitted to the County in writing. The County may, at its sole discretion, refuse to accept the adjusted rates if they are
not properly documented,or considered to be excessive,or if decreases are considered to be insufficient. If the County
accepts adjusted rates and they are later found by FEMA or FDEM to not be reasonable and therefore not eligible for
reimbursement,the Contractor shall refund the amount necessary to lower the cost to a reasonable amount. In the event
the County does not wish to accept the adjusted rates, and the matter cannot be resolved with mutual satisfaction of both
parties,the contract will not be renewed,and will terminate on the original expiration date,or a contract termination will
be processed. Any approved fee adjustments shall become effective as of the renewal date, unless otherwise Board
Approved.
32.2 If the County finds there is a substantial and unacceptable risk that the Contractor(s)will lose its current debris removal
resources(i.e.,equipment,resources,subcontractors),due to recently amended or awarded debris removal contracts with
significant rate increases, the County may negotiate justified price adjustments, though will not exceed the then current
market rates, and the price adjustments will be for a limited period of time, to this contract with the County, in its sole
judgment,and in accordance with the County's procurement policies,considers such adjustments to be in the best interest
of the County.
17 of 17
Exhibit A—Scope of Services
CAO
16 1
Exhibit B
Fee Schedule
following this page (pages 1 through 6 )
Page 16 of 21
Fixed Term Service Multi-Contractor Agreement
[2025_ver.2]
CAO
16C1
Exhibit B Fee Schedule
LAND DEBRIS REMOVAL
Pricing shall be inclusive of all labor,equipment.fuel.supplies.overhoad profit.material,and any other incidental costs required to perform and complete all work as specified in the
Contract Documents.Final disposal costs,such as tipping fees,shall be passed through to the County without mark-up on the ninthly invoices.
Lire Items are inclusive of debris removal from ROW,Public Road.Commercial.Private Property,Roads,and Gated Community Debris.
The Estimated Quantities and Total Cost listed below are for bid evaluation purposes only and may rot reflect actual usage.
The Excel document contains formulas for com'eniesce,however it is the Contractor's/Vendor's responsibility to verify all pricing and calculations are CORRECT.Collier County is
not responsible for errors in formulas or calculations contained within Excel docunem(s).
In the event there is a discrepancy between a subtotal or total amount and the unit prices and extended amounts.the unit prices will prevail and the corrected extension(s)and total(s)
will be considered the price.The County will only accept proposals submitted on the forms provided by the County.Proposals submitted on other forms,other than those provided by
the County,will be deemed non-responsive and ineligible for award Proposers may not adjust or modify data provided within the Price Proposal Form Proposals received with
modified data may deem the Proposer as non-responsive and ineligible for award.
Schedule A-General Debris Removal Operations
Unit of Estimated
Line Item Description Measure Quantity Rate($) TOTAL
A.1 Vegetative debris to Debris Management Site(DMS) CY 350,000 $10.50 $3,675,000.00
A.2 Construction and Demolition(C&D)/nixed debris to Debris Management CY 600,000 $10.50 $6,300,000.00
Site(DMS)
A3 Removal and disposal/recycling of white goods/appliances Each 2,800 $60.00 $168,000.00
A.4 Removal of freon Each 1,680 $30.00 $50,400.00
A5 Renroval and disposal of hazardous materials lb 38,000 $12.00 $456,000,00
A.6 Removal and disposal/recycling of electonics Each 100 $50.00 $5,000.00
A.7 Removal and disposal of dead animal carcasses lb 10 $1.00 $10.00
A.8 Removal and disposal/recycling of tires Each 15 $25.00 S 375.00
Direct Hauling and Transportation to Final Disposal Site(FDS)
A.9 Direct Haul of Unprocessed Vegetative debris from point of collection to CY 400 $12.50 $2,500.00
Final Disposal Site(FDS)
A 10 Direct Haul of Unprocessed Construction and Demolition(C&D)/nixed CY200 $12.50 S 2,500.00
debris from point of collection to Final Disposal Site(FDS)
A.I1 Direct haul of sand,sod,debris from point of collection to Final Disposal CY10,000 S 20.00 $200,000.00
Site(FDS)
Schedule B-Hazardous Trees,Limbs,Stumps
Unit of Estimated
Line Item Description Trunk Diameter Measure Quantity Rate($) TOTAL
measured 2'above
Hazardous Limb(s)Removal tend
gro
Branches that pose an immediate threat(i.e.hanging over public use Accessable w/o Per Tree
g l areas,or improved property).Work consists of removing eligible mechanical 200 $175.00 $35,000.00
hazardous limbs to be collected for processing. equipment
Accessible only by Per'I rec
B.2 mechanical 200 S 118.00 S 23,600.00
equipment
measured 2'
Hazardous Tree Removal w/<50%of rootball exposed above ground
(e.g.,tree snapped in half).Physical damage to root system.trunk. Each
B,3 stem,or limbs;or direction and lean is a safety risk.Work consist -24 200 $245.00 $49,00000
B.4 of removing eligible hazardous trees.Work consists of flush cut and 24.1-36 Each 200 T 345.00 f 69,000.00
disposal in accordance with FEMA guidance.
B.5 >36.1 Each 200 $445.00 $89,000.00
Hazardous Tree Removal w/50%or more of rootball exposed measured 2'above
ground
B.6 <=24 Each 150 $295.00 $44,250.00
(e.g.,uprooted tree).Physical damage to root system
B.7 trunk,stem,or limbs;or direction and lean is a safety risk.Work 24.1-36 Each 150 $395.00 $59.250.00
consists of removing eligible hazardous trees.Work consists of
removal,grinding,and Tole filling of rootball in accordance with Each
FEMA guidance.
B.8 >36.1 150 $490.00 S 73,500.00
Stump Removal measured at mould
level
B.9 Stump Extraction,removal.hauling,and disposal <=24 Each 50 $250.00 $12,500.00
B.10 24.1-36 Each 50 T 350.00 S 17,500.00
B.11 >36.1 Each 50 S 450.00 S 22,500.00
B.12 Grinding stump,backfdling,and grading stump hole Each 511 S 250.00 T 12,500.00
Schedule C-Specialty Removal
Unit of Estimated
Line Item Description Measure Quantity. Rate(S) TOTAL
C.1 Removal and disposal/recycling of concrete CY 13,000 519.50 5253,500.00
C.2 Removal and disposal of asbestos lb 200 $20.00 S 4,000.00
C.2a Asbestos Testing Each 4 $1,500.00 $6,000.00
C.3 Removal and disposal of Vehicle Each 2 $425.00 $850.00
C.4 Removal and disposal of Vessels <30' Each 2 $1,500.00 S 3,000 00
C.5 Removal and disposal of Vessels >30' Each 2 $5,000.00 S 10,000.0(1
C.6 Removal of wooden light or utility poles Each 2 $450.00 $900.00
16C1
Schedule D-DMS Site Operation and Haulout
Unit of Estimated
Line Item Description Measure Quantity Rate(S) TOTAL
D.1 DMS Management CY 1,000,000 S 1.50 S 1,500,000.00
D.2 C&D Processing-Compaction CY 40,000 S 3.00 S 120,000.00
D.3 Vegetation Processing-Grinding CY 15,000 $3.50 $52,500.00
D.4 Vegetation Processing-Air Curtain Incineration(ACI) CY 15,000 S 3.00 S 45,000.00
D.5 Vegetation Processing-Open Bum CY 15,000 S 2.50 S 37,500.00
D.6 Processed Vegetative debris from DMS to Final Disposal Site(FDS) CY/Mile 40,000 S 0.45 S 18,000.00
D 7 Processed Construction and Demolition(C&D)debris from DMS to Final Disposal Site CY/Mile 200,000 S 0.38 S 116,000.00
(FD
Land Debris Removal-TOTAL COST S 13,534,635.00
END LAND
WATERWAY DEBRIS REMOVAL
Pricing shall be inclusive of all labor.equipment,fuel,supplies,overhead.profit.material.and am other incidental costs required to perform and complete all work as specified in the
Contract Documents.Final disposal costs,such as upping fees,shall be passed through to the County without mark-up on the monthly invoices.
Line Items are inclusive of debris removed from storm conveyances,waterways.and beaches from ROW,Public Road,Comnercial,Private Property,Roads,and Gated Commmity
Debris.
The Estimated Quantities and Total Cost listed below are for bid evaluation purposes only and may rot reflect actual usage.
The Excel document contains formulas for convenience.however it is the Contractor's/Verdors responsibility to verify all pricing and calculation are CORRECT.Collier County is rot
responsible for errors in formulas or calculations contained within Excel docuront(s).
In the event there is a discrepancy between a subtotal or total amount and the unit prices and extended minions,the unit prices will prevail and the corrected extension(s)and total(s)will
be considered the price.The County will only accept proposals submitted on the fortes provided by the County.Proposals submitted on other fours.other than those provided by the
County,will be deemed non-responsive and ineligible for award.Proposers may not adjust or mndilj data provided within Its ePrice Proposal Fenn Proposals received with modified
data may deem the Proposer as non-responsive and ineligible for award.
Schedule E-General Debris Removal Operations
Unit of Estimated
Line Item Description Measure Quantity Rate(S) TOTAL
E.1 Vegetative debris to Debris Management Site(DMS) CY 200,000 S 38.00 $7.600,000 00
E.2 Construction and Demolition(C&D)/noxed debris to Debris Management CY 150,000 $38.00 S 5,700,000.00
Site(DMS)
E.3 Removal and disposal/recycling of white goods/appliances Each 200 $70.00 $14,000.00
E.4 Removal of freon Each 5 S 70.00 S 150.00
E.5 Removal and disposal of hazardous materials lb 10,000 $25.00 _ S 250,000.00
E.6 Removal and disposal/recycling of electonics Each 100 $75.00 $7,500.00
E.7 Removal and disposal of dead animal carcasses lb 10 $5.00 S 50.00
E.8 Removal and disposal/recycling of tires Each 15 $50.00 $750.00
Direct Hauling and Transportation to Final Disposal Site(FDS)
E.9 Direct Haul of Unprocessed Vegetative debris from point of collection to Final Disposal Site CY
(FDS) 200 $68.00 $13,600.00
E.10 Direct Haul of Unprocessed Construction and Demolition(C&D)/vexed CY
debris from point of collection to Final Disposal Site(FDS) 200 S 68.00 $13,600.00
E.11 Direct haul of said,soil.debris from point of collection to Final Disposal CY 10,000 $25.00 S 250,000.00
Schedule F-Hazardous Trees,Limbs,Stumps
Unit of Estimated
Measure Quantity
Line Item Description Tnuk Diameter Rate(S) TOTAL
measured 2'above
Hazardous Limb(s)Removal ground
Branches that pose an immediate threat(i.e.hanging over public use mechanical Per Tree
F-1 areas,or improved property).Work consists of removing eligible equipment 5 $200.00 S 1,000.00
hazardous limbs to be collected for processing. Accessable onto Pcr Tree
F.2 by mechanical 5 $150.00 $750.00
equipment
measured 2'above
Hazardous Tree Removal w/<50%of rootball exposed growl
F.3 (e.g.,tree snapped in halt).Physical damage to root system,trunk, <_24 Each i 0 300.00 S 1,500.00
stem,or limbs;or direction and lean is a safety risk.Work consists of
removing eligible hazardous trees.Work consists of flush cut and Each
F.4 disposal in accordance with FEMA guidance. 24.1-36 5 S 40o.011 S 2,000.00
F.5 >36 I Each 5 $300.00 S 2,500.00
Hazardous Tree Removal w/50%or more of rootbaII measured 2'
exposed above ground
(e.g.,uprooted tree).Physical damage to root system trunk stem,or Each
limbs;or direction and lean is a safety risk.Work consists of removing
eligible hazardous trees.Work consists of removal,grinding,and hole
F.6 filling of football in accordance with FEMA guidance. <.24 1 $350.00 $330.00
Each F.7 24.1-36 I S 450.00 $450.00
F.8 >36.1 Each 1 S 500.00 S 500.00
GPO
16C1
Stump Removal measured at
ground etc
F.9 Stump Extraction removal.hauling,and disposal <=24 Each 5 S 350.00 S 1,750.00
F.10 24.1-36 Each 5 $450.00 S 2,250.00
F.11 >36.1 Each 5 $500.00 S 2,500.00
F.12 Grinding stump,backfilling,and grading stump hole Each 5 S 250.00 S 1,250.00
Schedule C-Specially Removal
Unit of Estimated
Line Item Description Measure Quantity Rate(S) TOTAL
G.1 Removal and disposal/recycling of concrete CY 100 S 20.00 S 2,000.00
G.2 Removal and disposal of asbestos lb 10 S 20.00 S 200.00
G.3 Removal and disposal of Vehicle Each 20 S 100.00 S 2,000.00
G.4 Removal and disposal of Vessels <=30' Each 20 S 2,500.00 $50,000.00
G.5 Removal and disposal of Vessels >30' Each 25 $7,500.00 S 187,500.00
G.6 Removal of wooden light or utility poles Each 2 $500.00 S 1,000.00
Schedule H-Stormwater Convey ances,Waterways,and Beaches
Unit of Estimated
Line Item Description Measure Quantity Rate(S) TOTAL
Stomnvaler Conveyances,Waterways,and Beaches
Pipe systems,ditches.swales,canals(clear and removal of debris,and transport for Linear Foot
H.1 diseesa) 500 $40.00 $20,000.00
Catch basins and storm inlets/outlets,culverts(clear and removal of debris,and transport for Each
H.2 disposal) 20 $500.00 $10,000.00
Stormwaler ponds,creeks,mangroves,and bridges(clear and rennval of CY
H.3 debris) 20 S 48.00 S 960.00
H.4 Beach Rake and Scueerdng ACRE 25 S 1,500.00 S 37,500.00
Soil and/or Sand Debris Screening(includes collation,screening,and final CY
H.5 disposal of material) 5,000 S 22.00 S 110,000.00
H.6 Restoration-Bern/Beach Construction CY 5,000 S 15.00 S 75,000.00
H.7 Canal Shoreline Restoration Linear Foot 1,000 S 40.00 $40,000.00
MrS 14,402,610.00
END WATERWAY
LABOR AND EQUIPMENT
This schedule shall be utilized for Emergency Work,DMS Preparation,and other miscellaneous services as applicable.
Unit prices shall include all expenses for labor,fuel,insurance and all other incidental fees. Mobilize,operate and demobilize the equipment,transportation fees,equipment fees,maintenance and repair,and
labors to be equipped with communication devices(i.e.cell phone)and travel equipment(i.e.vehicle)
Total Cost fisted below is for bid evaluation purposes only.
Equipment rates shall include an operator,maintenance,and fuel,unless otherwise noted,be competitive and follow FEMA guidelines.
All labor related line items are to be fully burdened to include all taxes,benefits,handling charges.over head and profits;per diem and fuel is to be included in hourly labor rates.
Any Material Costs must provide reciepts.10%Markup on materials.
Schedule I-Labor
Unit of Estimated
Line Item Description Measure Quantity Rate.($) TOTAL
1.) Operations Manager Hour $8000 $00.00
1.2 Project Manager Hour $75.00 $75.00
1.3 Superintendent Hour $75.00 $75.00
1.4 Foreman Hour $70.00 $70.00
1.5 Supervisor Hour $70.00 $70.00
1.6 Crew Foreman Hour $70.00 $70.00
1.7 Project Engineer Hour $75.00 $75.00
1.8 Equipment Operator Hour $70.00 $70.00
1.9 Truck Driver Hour $70.00 $70.00
I.I0 Mechanic Hour $75.00 $75.(10
1.11 Electrician Hour $75.00 $75.00
1.12 Tree Climber/Chainsaw and Gear Hour $75.00 $75.00
I.13 Laborer w/gear(i.e.Chain Saw) Hour $65.00 $65.00
1.14 Laborer w/Small Tools,Traffic Control,or Flag Person Hour $65.00 $65.00
I.15 Bonded and Certified Security Personnel Hour S 65.00 $65.00
1.16 Administrative Assistant Hour $55.00 $55.00
1.17 Clerical Hour $55.00 $55.00
1.18 Other-Please List-Safety Supervisor Hour $75.00 $75.00
16C1
Schedule J-Equipment
Line Item Description Size/TypeUnit of Estimated Rate($) TOTAL
Measure Quantity
Transportation Vehicles
J.1 Pickup Truck 1/2 Ton Day $125.00 $125.00
1.2 Pickup Truck 3/4 Ton Day $130.00 $130.00
-1.3 Pickup Truck 1 Ton(4x4) Day $135.00 $135.00
1.4 Flatbed Trailer 40' Day $100.00 $100.00
1.5 Service Truck Hour Day $100.00 $100.00
J.6 Lowboy Trailer 12-50 Ton Day $750.00 $750.00
J.7 Lowboy Trailer >50 Ton Day $750.00 $750.00
J.8 All Terrain Vehicle Day $90.00 $90.00
J.9 Swamp Buggy Day $500.00 $500.00
Skidsteers and Bobcats
1.10 SkidsteerBobcat equivalent w/grapple 1000 lb capacity Hour $135.00 $135.00
1.11 SkidsteerBobcat equivalent w/attachment(bucket,grapple,or sweeper) 1000 lb capacity Hour $135.00 $135.00
1.12 SkidsteerBobcat equivalent w/grapple 2000 lb capacity Hour $135.00 $135.00
J.13 SkidsteerBobcat equivalent w/attachment(bucket,grapple,or sweeper) 2000 lb capacity Hour $135.00 $13500
Heavy Equipment
1.14 Brush,Cutter At least 7'cut width Hour $125.00 $125.00
J.15 Bucket Truck Up to 50'reach Hour $165.00 $165.00
116 Bucket Truck >50'mach Hour $175.00 $175.00
117 Bush Hog Hour $85.00 $85.00
J.18 Chainsaw Hour $10.00 $10.00
J.19 Crane 0-15 Ton Hour $150.00 $150.00
1.20 Crane 16-30 Ton Hour $250.00 $250.00
J.21 Crane 30-50 Ton Hour $300.00 $300.00
J.22 Crane >50 Ton Hour $350.00 $350.00
J.23 Dozer,Tracked D4 or equivalent Hour $120.00 $120.00
J.24 Dozer,Tracked D5 or equivalent Hour $130.00 $130.00
J.25 Dozer,Tracked D6 or equivalent Hour $140.00 $140.00
J.26 Dozer,Tracked D8 or equivalent Hour $150.00 $150.00
J.27 Dozer,Tracked D 10 or equivalent Hour $160.00 $160.00
J.28 Excavator,tracked 2.5 cy capacity Hour $125.00 $125.00
J.29 Excavator,tracked >2.5 cy capacity Hour $130.00 $130.00
J.30 Excavator,rubber tire w/grapple 2.5 cy capacity Hour $145.00 $145.00
J.31 Excavator,rubber tire w/grapple >2.5 cy capacity Hour $145.00 $145.00
J.32 Forklift up to 18,000 pounds Hour $85.00 $85.00
J.33 Forklift <18,000 pounds Hour $85.00 $85.00
J.34 Forklift accessory Hour $15.00 $15.00
J.35 Grader CAT125 or equivalent Hour $120.00 $120.00
J.36 Loader,Articulated,w/bucket 2-2 1/2 cy capacity Hour $135.00 $135.00
J.37 Loader,Articulated,w/bucket >2 1/2 cy capacity Hour $135.00 $135.00
J.38 Loader,Wheeled 1-5 CY capacity Hour $135.00 $135.00
J.39 Loader,Wheeled >5 cy capacity Hour $135.00 $135.00
140 Loader,w/backhoe attachment 1-3 cy capacity Hour $125.00 $125.00
J.41 Loader,tracked knuckleboom I-25 cy capacity Hour $135.00 $135.00
J.42 Loader,tracked lmuckleboom >25 cy capacity Hour $140.00 $140.00
1.43 Loader,tracked Imuckleboom and grapple I-25 cy capacity Hour $145.00 $145.00
J.44 Loader,tracked knuckleboom and grapple >25 cy capacity Hour $150.00 $150.00
1.45 Log Skidder Cat 525B or equivalent Hour $110.00 $110.00
1.46 Street Sweeper/Mechanical Broom Beach Sand Rake 600HD Hour $115.00 $115.00
J.47 Rake Hour $100.00 $100.00
J.48 Sandbag Machine Hour $150.00 $150.00
J.49 Tow Truck Hour $200.00 $200.00
J.50 Trackhoe w/bucket 1-5 cy Hour $125.00 $125.00
J.51 Trackhoe w/grapple 1-5 cy Hour $125.00 $125.00
J.52 Trackhoe w/rubber tires,w/bucket 1-5 cy Hour $145.00 $145.00
J.53 Trackhoe w/rubber tires,w/grapple I-5 cy Hour $155.00 $155.00
J.54
Water Truck(Non-Potable,Dust Control and Pavement Maintenance) 3500 gallons Hour $115.00 $115.00
J.55 Waste Collection Rear Loader Truck Hour $250.00 $250.00
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16C1
Jet Vacs and Water Trucks
1.56 Sewer Camera Inspection Truck Hour $125.00 $125011
J.57 Combined Sewer Cleaning <500 gallons Hour $200.00 $200.00
J.58 Combined Sewer Cleaning <500 gallons Hour $225.00 $225.00
159 Cleaner,Sewer/Catch Basin Hour $225.00 $225.00
J.60 Truck,Hydro Vac 500-gal debris tank; Hour $225.00 $225.00
J.61 Truck,Vacuum Hour $225.00 $225.00
J.62 Vac Tmck/Jetter 3500 gallons Hour $225.00 $225.00
1.63 Pumper Truck min 3500 gallons Hour $225.00 $225.00
J.64 Leaf Vac Hour $225.00 $225.00
Grinders/Chippers
1.65 Tub Grinder 'up to 1300 HP Hour $300.00 $300.00
J.66 Tub Grinder >1300 HP Hour $300.00 $300.00
1.67 Stump Grinder up to 30"diameter Hour $195.00 $195.00
1.68 Stump Grinder >30"diameter Hour $195.00 $195.00
1.69 Chipper/Mulcher Hour $225.00 $225.00
1.70 Mulcher,Trailer Mounted Hour $225.00 $225.00
J.71 Air Curtain Hour $250.00 5 250.00
Hauling Vehicles
J.72 Dump Truck 5-15 CY Hour $100.00 $100.00
173 Dump Truck 16-25 CY Hour $105.00 $105.00
J.74 Dump Truck 26-35 CY Hour $110.00 $110.00
J.75 Dump Truck >35 CY How $115.00 $115.00
J.76 DumpTmiler 5-15 CY Hour $135.00 $135.00
J.77 DumpTrailer 16-25 CY Hour $145.00 $145.00
J.78 DampTrailer 26-35 CY Hour $155.00 $155.00
J.79 DumpTrailer >35 CY Hair $165.00 $165.00
J.80 Claw Truck <or=20 CY CY S 24.00 $24.00
J.81 Claw Truck >20 CY up to<50 CY CY $24.00 $24.00
J.82 Walking Floor Trailer w/Tractor 100 CY Hour $225.00 $225.00
Marine Resources
J.83 Barge w/Mounted Excavator&Push boat,40' Day $6,500.00 $6,500.00
1.84 Barge with Winch Day $2,500.00 $2,500.00
1.85 Boot,Debris Removal Skiff -48' Day $5,500.00 $5,500.00
1.86 Utility boat,motorized <12' Day $400.00 $400.00
J.87 Utility boat,motorized >12' Day $400.00 $400.00
1.88 Utility boat,nonmotorized <12' Day $200.00 $200.00
J.89 Utility boat,nonmotorized >12' Day $200.00 $200.00
Hoses(Per 25 foot length Includes couplings)
J.90 Hose,discharge any inch Hour $1000 $10.00
J.91 Hose,suction any inch Hour $10.00 $10.00
Air Compressors(hoses included)
J.92 Air Compressor 0-150 hp Hour $1500 $1500
J.93 Air Compressor >150 hp Hour ME $Ii00 $1500
Miscellaneous
J.94 Light Tower(Portable light plant w/Generator) <2000 Watt Range Day $25.00 $25.00
1.95 Light Tower(Portable light plant w/Generator) >2000 Watt Range Day $25.00 $2500
1.96 Message Board Day $30.00 $30.00
Labor and Equipment-TOTAL COST $31,188.00
'Other-Please list
Gr0
16C1
GENERATORS,PUMPS,FUEL
Generators
Generators shall be delivered with a full tank of fuel(no propane generators).
Price includes all necessary cords and cables for connection
County is responsible for refueling generators,unless County directs Contractor to refuel
County is responsible for care of generators until the generator is picked up by Contractor.
Contractor shall provide liability release once the generator is inspected.
County shall return generators with a full tank of fuel or will be required to pay a per gallon rate.
Transportation/Freight fees for rental generators is not included and will be quoted for mobilization and demobilization at time of event.
Total Cost listed below is for bid evaluation purposes only.
Schedule K-Generators,Pump,Fuel
Unit of Estimated
Line Item Description Size/Type Measure Quantity Rate(S) TOTAL
K.1 Generator <100 KW Weekly S 7,000.00 $7,000.00
K.2 Generator 100-250 KW Weekly S 16,000.00 S 16,000.00
K.3 Generator 251-500 KW Weekly S 30,000.00 S 30,000.00
K.4 Generator 501-800 KW Weekly S 40,000.00 S 40,000.00
K.5 Generator 801-1000 KW Weekly S 50,000.00 S 50,000.00
K.6 Generator 1001-1500 KW Weekly S 60,000.00 S 60,000.00
K.7 Generator >1500 KW Weekly S 70,000.00 S 70,000.00
K.8 Fuel tanker for refilling generators(rented and owned).Rate includes truck.drivers.lodging.per Weekly S I0.500.00 S I0.500.00
diem Rate does not include cost of fuel
Pumps
Rate shall include fuel and support personnel
Rates includes installation,service,routine maintenance,suction and discharge hoses.
K.9 hash Pump 2" Day S 200.00 S 200.00
K.10 Trash Pump 4" Day S 250.00 S 250.00
K.11 Trash Pump 6" Day S 300.00 S 300.00
K.12 Hydraulic Pump with Power 6" Day S 300.00 S 300.00
K.13 Hydraulic Pump with Power 8" Day S 350.00 S 350.00
K.14 Hydraulic Punp with Power 10" Day S 400.00 S 400.00
K.15 Centrifugal Pump 12" Day S 400.00 S 400.00
K.16 Centrifugal Pump 18" Day S 450.00 S 450.00
K.17 Pump 40-140 hp Day S 250.00 S 250.00
K.18 Pump 141-350 hp Day $300.00 $300.00
K.19 Pump >350 hp Day S 350.00 S 350.00
K.20 Pump Watch Services(person to watch pump) Day S 750.00 S 750.00
Fuel
Rates do rot include cost of fuel.Costs of fuel to be negotiated at time of service request
K.21 Portable Storage Tank 550 gallon Day S 100.00 S 100.00
K.22 Portable Storage Tank 1,000 gallon Day S 250.00 S 250.00
K.23 Portable Storage Tank 6,000 gallon or greater ra Day S 300.00 S 300.00
K.24 Fuel Pump 13 GPM,includes nozzle 12 Volt Fill-Rite Pump Day S 100.00 S 100.00
K.25 PerPortable Tank Delivery/Pickup ServiceS 350.00 S 350.00
K.26 Portable Tank Clearout Fee Per
Clarom of portable tank(S required) Service S 500.00 S 500.00
K.27 Transport Truck w/mailer or Bobtail Truck Truck with driver Day S 300.00 S 300.00
K.28 Mobile Fuel Station 12,000 Gal capacity on t Day S 1,000.00 S 1,000.00
K.29 Frac Tank 20,000 gallon Day S 1,003.00 S 1,000.00
K.30 Person to operate fuel station or fuel vehicles Labor Hoar S 75.00 S 75.00 ,
S 291,775.00
I Other-Plate list •
Grip
16C1
Exhibit C
Affidavit Regarding Labor and Services
following this page
Page 17 of 21
Fixed Term Service Multi-Contractor Agreement
[2025_ver.2]
CAO
16C1
AFFIDAVIT REGARDING LABOR AND SERVICES
AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED
Effective July 1, 2024, pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a
nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an
affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the
nongovernmental entity does not use coercion for labor or services.
Effective January 1,2024,a governmental entity may not accept a bid on,a proposal for,or a reply to,or enter into,a contract with
an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the
government with an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet
any of the following criteria: (a)the entity is owned by the government of a foreign country of concern;(b)the government of a
foreign country of concern has a controlling interest in the entity;or(c)the entity is organized under the laws of or has its principal
place of business in a foreign country of concern.
Effective July 1,2025,when an entity extends or renews a contract with a governmental entity which would grant the entity access
to an individual's personal identifying information,the entity must provide the governmental entity with an affidavit signed by an
officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs
(2)(a)-(c),§287.138,Florida Statutes.
Nongovernmental Entity's Name: Phillips Environmental,LLC.
Address: 10142 Parkside Dr.Ste 500 Knoxville,TN 37922
Phone Number: 865-688-8342
Authorized Representative's Name: Bryan Mctsaac
Authorized Representative's Title: Chief Financial Officer
Email Address: disasterservices@phillipsinc.com
I, Bryan Mclsaac (Name of Authorized Representative), as authorized representative attest under
penalty of perjury that Phillips Environmental.LLC. (Name of Nongovernmental Entity) does not: (1) use
coercion for labor or services as defined in §787.06, Florida Statutes,and(2)the nongovernmental entity is not(a)owned by
a government of a foreign country of concern,(b)that a foreign country of concern does not have a controlling interest in the
entity, and (c) that the entity is not organized under the laws of or has its principal place of business in a foreign country of
concern,all as prohibited unde•§ 287.138,Florida Statutes.
Under pe erjury,I decl re that I have read the foregoing Affidavit and that the facts stated in it are true.
u 12/3/2025
_
(Signature of authorized representative) Date
STATE OF
COUNTY OF
Sworn to(or rmed)and subscribed before me,by means of tthysical presence or 0 online notarization this
day o ,201)',by yja r\ W41-'t ac (Name of Affiant),who produced his Florida Driver's License as
identification._ 1601, e"A',4
Not, y Public � h��vFA ' C�s11
•
TME
'TENNESSEE
Commission Expires - Kamer
•
PUBLIC
•
Personally Known OR Produced Identification -• - _�c�ifl
•
•
•
Type of Identification Produced: ..''erteils,
CAO
16C1
Exhibit D-1
Public Payment Bond
II following this page (containing 3 pages)
n this exhibit is not applicable
Page 18 of 21
Fixed Term Service Multi-Contractor Agreement 0CAO
16C1
EXHIBIT D — 1: PUBLIC PAYMENT BOND
Bond No. Contract No.
KNOW ALL MEN BY THESE PRESENTS: That
as Principal/Contractor, located at
, Telephone: (Business Address and Telephone Number), and
, as Surety, located at
, Telephone: (Business Address and
Telephone Number) a duly organized corporation, nationally recognized surety company licensed
and/or registered to engage in the surety business in the State of Florida and enter into
agreements of surety with a resident or non-resident agent licensed to conduct business in the
State of Florida and existing under and by virtue of the laws of the State of Florida, are held and
firmly bound to Collier County Board of County Commissioners, located at 3299 Tamiami Trail
East, Suite 102, Naples, FL 34112-5746, Telephone: (239) 252-8999 as Obligee in the sum of_
($
), this includes allowance, lawful money of the United States of America,
for the payment of which, well and truly be made to the Obligee. The Principal/Contractor and the
Surety bind themselves and each of their heirs, executors, administrators, successors, and
assigns, jointly and severally, firmly by these presents as follows:
WHEREAS, Principal/Contractor has entered into a contract dated as of the day of
, 20 with Obligee for (Project) with the
Obligee, to furnish at Principal/Contractor's own cost, charges, and expense all the necessary
materials, equipment, and/or labor, in strict and express accordance with the Contract, which
Contract and all exhibits, is made a part of this Bond as fully and completely as if said Contract
were set forth herein, is referred to as the Contract.
NOW, THEREFORE, the conditions of this obligation are such that, the above bounded
Principal/Contractor shall promptly make payments to all persons supplying materials, equipment,
services and/or labor used directly or indirectly by said Principal/Contractor or subcontractors in
the prosecution of the work provided for in the Contract in accordance with Sections 255.05 or
713.23, Florida Statutes; then this obligation shall be null and void and of no further force and
effect; otherwise to remain in full force and effect;
AND, the said SURETY for value received, hereby stipulates and agrees that no change involving
any extension of time, or addition to the terms of the Contract or to the services to be performed,
or materials to be furnished thereunder, shall effect said obligation of the SURETY on this bond,
and the SURETY does hereby waive notice of any such changes, extension of time, alterations,
or additions of the terms of the Contract, or to the work, or to the scope of services, or any other
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changes, compliance or noncompliance to the terms of the Contract as to the work or scope of
services. The Surety agrees that modifications and changes to the terms and conditions of the
Agreement that increase the total amount to be paid the Contractor shall automatically increase
the obligation of the Surety on this bond and notice to the Surety is not required for such increased
obligation. Claimant shall give written notice to the Principal/Contractor and to the SURETY as
requested by Sections 255.05 or 713.23, Florida Statutes. Any actions against the
Principal/Contractor or the SURETY shall be brought within the time specified by Section 255.05
or Section 713.23, Florida Statutes.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20_, the name and corporate seal of each corporate party being hereto
affixed and these presents duly signed by its undersigned representative, pursuant to authority of
its governing body.
Signed, sealed and delivered in the presence of:
PRINCIPAL/CONTRACTOR:
Signature
Name and Title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this day of 20 by
as of a
corporation, on behalf of the corporation. He/She is personally known
to me OR has produced identification and did (did
not) take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
(Legibly Printed)
Notary Public, State of
Commission No.:
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16C1
SURETY:
Authorized Signature
(Printed Name) (Business Address)
Attest:
CORPORATE ACKNOWLEDGMENT
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20_
by (name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the corporation.
He/She is (personally known to me) (or has produced identification)
(type of identification) (as identification) and (did/did not)
take an oath.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
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Exhibit D-2
Public Performance Bond
EJ following this page (containing 4 pages)
(l this exhibit is not applicable
Page 19 of 21 d Term Service Multi-Contractor
CAO Agreement [2025_ver.2]
EXHIBIT D — 2: PUBLIC PERFORMANCE BOND
Bond No. Contract No.
KNOW ALL MEN BY THESE PRESENTS: That
as Principal/Contractor, located at
, Telephone: (Business Address and Telephone Number), and
, as Surety, located at
, Telephone: (Business
Address and Telephone Number) a duly organized corporation, nationally recognized surety
company licensed and/or registered to engage in the surety business in the State of Florida and
enter into agreements of surety with a resident or non-resident agent licensed to conduct business
in the State of Florida and existing under and by virtue of the laws of the State of Florida, are held
and firmly bound to Collier County Board of County Commissioners , located at 3299 Tamiami
Trail East, Suite 102, Naples, FL 34112-5746, Telephone: (239) 252-8999 as Obligee in the sum
of ($
), lawful money of the United States of America, for the payment of
which, well and truly be made to the Obligee. The Principal/Contractor and the Surety bind
themselves and each of their heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents as follows: In the event of a default by the
Principal/Contractor, the Surety shall assume all obligations of the Principal/Contractor under the
Contract including providing the required scope of services set forth in the Contract assuming all
warranties, providing all as built drawings, meeting all indemnification and insurance
requirements, payment of royalties and license fees, providing for the safety of persons and
property and all other obligations of the Principal/Contractor under the Contract.
WHEREAS, Principal has entered into a contract dated as of the_ day of , 20_
with Obligee for (Project) with the Obligee, to furnish
at Principal/Contractor own cost, charges, and expense all the necessary materials, equipment,
and/or labor, in strict and express accordance with the Contract, which Contract and all exhibits,
is made a part of this Bond as fully and completely as if said Contract were set forth herein, is
referred to as the Contract.
NOW THEREFORE, THE CONDITION OF THIS BOND and obligation is such that, the above
bonded Principal/Contractor shall in all respects fully, promptly, and faithfully comply with the
terms and conditions of the Contract, including all exhibits, and shall indemnify and save harmless
the Obligee against and from all costs, expenses, damages, including but not limited to damages
for delay due to the Principal/Contractor's default, attorney's fees, including appellate
proceedings, injury, or loss of which said Obligee may be subject by reason of any wrongdoing,
misconduct, want of care or skill, negligence, failure to petition within the prescribed time, delay
or default, including patent infringements, on the part of said Principal/Contractor, its agents, or
employees, in the execution or performance of the Contract; then this obligation shall be void;
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16C1
otherwise, to remain in full force and effect for the term of the Contract, including any and all
guarantee periods as specifically mentioned in the Contract;
AND, the Surety, for value received, hereby stipulates and agrees that no changes, extensions
of time, alterations or additions to the terms of the Contract or other work and service to be
performed hereunder, or materials to be furnished thereunder or the specifications referred to
therein shall in anywise affect the Surety's obligations under this bond, and the Surety does
hereby waive notice of any such changes, extensions of time, alterations or additions to the terms
of the Contract, or to the scope of services including the work, or to work or to the specifications
to be provided by the Principal/Contractor or any other changes, compliance or noncompliance
to the terms of the Contract as to the scope of services. The Surety shall be responsible for delay,
damages or liquidated damages due to Principal/Contractor's default and consequential damages
for Surety's failure to fulfill its responsibilities as set forth herein. The Surety agrees that
modifications and changes to the terms and conditions of the Agreement that increase the total
amount to be paid the Contractor shall automatically increase the obligation of the Surety on this
bond and notice to the Surety is not required for such increased obligation.
This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond. Any suit under this bond must be instituted within five years
from the date Obligee obtained actual knowledge of the cause of action.
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16C1
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name and corporate seal of each corporate party being hereto
affixed and these presents duly signed by its undersigned representative, pursuant to authority of
its governing body.
Signed, sealed and delivered in the presence of:
PRINCIPAL/CONTRACTOR:
Signature
Name and Title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this day of 20 by
as of a
corporation, on behalf of the corporation. He/She is personally known
to me OR has produced identification and did (did
not) take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
(Legibly Printed)
Notary Public, State of
Commission No.:
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16C1
SURETY:
Authorized Signature
(Printed Name) (Business Address)
ATTEST:
CORPORATE ACKNOWLEDGMENT
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20_
by (name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the corporation.
He/She is (personally known to me) (or has produced identification)
(type of identification) (as identification) and (did/did not)
take an oath.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
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16C1
N/A
Page 20 of 21
CAO
s
16C1
Other Exhibit/Attachment
Description: Federal Provisions and Assurances
IN following this page (pages 1 through 28
this exhibit is not applicable
Page 21 of 21
Fixed Term Service Multi-Contractor Agreement
[2025 ver.2]
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications. In cases of disagreement with any other section
of this contract,the Supplemental Conditions shall govern.This is an acknowledgement that FEMA financial
assistance will be used to fund all or a portion of the contract.
Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is
an entity that receives a Contract/ Purchase Order.
Compliance with Federal Law, Regulations and Executive Orders: The Sub-Recipient(County)agrees
to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded
Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws
and regulations, and (iii) the subcontractor shall hold the County harmless against all claims of whatever
nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed
and required by law.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all
services under this contract in accordance with the following governing regulations along with all applicable
Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
O 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
O 44 C.F.R. Part 206
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-
288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities
o FEMA Public Assistance Program and Policy Guide
Page 1 of 28 CAO
16C1
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Access to Records: 1)The contractor agrees to provide the County,the Florida Department of Emergency
Management, the FEMA Administrator, the Comptroller General of the United States, or any of their
authorized representative's access to any books, documents, papers, and records of the Contractor which
are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and
transcriptions. (2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to
provide the FEMA Administrator or his authorized representatives' access to construction or other work
sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the
Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in
this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller
General of the United States.
Buy Clean: The County encourages the use of environmentally friendly construction practices in the
performance of this Agreement. In particular, the County encourages that the performance of this
agreement includes considering the use of low-carbon materials which have substantially lower levels of
embodied greenhouse-gas emissions associated with all relevant stages of production, use, and disposal,
as compared to estimated industry averages of similar materials or products as demonstrated by their
environmental product declaration.
Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract
change, modification, amendment, addendum, change order, or constructive change must be necessary,
allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of
work, and otherwise allowable.
DHS Seal, Logo, and Flags: The County must obtain written permission from Department of Homeland
Security prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency
officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or
reproductions of flags, or likenesses of component officials. The contractor shall not use the DHS seal(s),
logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-
approval.
Domestic Preference for Procurements: The Contractor should, to the greatest extent practicable and
consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement,
and other manufactured products.
For purposes of this section: "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of coatings, occurred in the
United States.
Build America, Buy America Act (BABAA): FEMA Public Assistance Funding is not subject to Buy
America preference pursuant the following guidance: Programs and Definitions: Build America, Buy
America Act I FEMA.gov
License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the
County, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the
performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works,
distribute copies to the public, and perform publicly and display publicly such data. For data required by
the contract but not first produced in the performance of this contract,the Contractor will identify such data
and grant to the County or acquires on its behalf a license of the same scope as for data first produced in
the performance of this contract. Data, as used herein, shall include any work subject to copyright under
17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music,
choreography,pictures or images, graphics,sculptures,videos, motion pictures or other audiovisual works,
sound and/or video recordings, and architectural works. Upon or before the completion of this contract,the
Contractor will deliver to the County data first produced in the performance of this contract and data
CAO
Page 2 of 28
1 E6c1
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
required by the contract but not first produced in the performance of this contract in formats acceptable by
the County.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not
subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to
any matter resulting from the contract.
Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges
that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
contractor's actions pertaining to this contract.
Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this
clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services;
interconnection arrangements; roaming; substantial or essential component; and telecommunications
equipment or services have the meaning as defined in FEMA Policy,#405-143-1 Prohibitions on Expending
FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause—
(b) Prohibitions.
(1) Section 889(b)of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L.
No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020,
from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may
not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency
Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical technology
of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that
uses covered telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment
or services as a substantial or essential component of any system, or as critical technology as part of
any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument,
any equipment, system, or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1)This clause does not prohibit contractors from providing—(i). A service that connects to the facilities of
a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications
equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that
such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered
telecommunications equipment or services that: a. Are not used as a substantial or essential component
of any system; and b. Are not used as critical technology of any system. (ii). Other telecommunications
equipment or services that are not considered covered telecommunications equipment or services.
(3) Reporting requirement.
Page 3 of 28 CAO
16C1
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
(1) In the event the contractor identifies covered telecommunications equipment or services used as a
substantial or essential component of any system, or as critical technology as part of any system, during
contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other
source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or
subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i)
Within one business day from the date of such identification or notification:The contract number; the order
number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial
and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer
number, manufacturer part number, or wholesaler number); item description; and any readily available
information about mitigation actions undertaken or recommended. (ii)Within 10 business days of submitting
the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation
actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to
prevent use or submission of covered telecommunications equipment or services, and any additional efforts
that will be incorporated to prevent future use or submission of covered telecommunications equipment or
services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in
all subcontracts and other contractual instruments.
Providing Good, Safe Job to Workers: Pursuant to FEMA Information Bulletin No. 520, the contractor
will comply with all applicable federal labor and employment laws. To maximize cost efficiency and quality
of work, the contractor commits to strong labor standards and protections for the project workforce by
creating an effective plan for ensuring high-quality jobs and complying with federal labor and employment
laws. The contractor acknowledges applicable minimum wage, overtime, prevailing wage, and health and
safety requirements, and will incorporate Good Jobs Principles wherever appropriate and to the greatest
extent practicable.
Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance
Funding
Socioeconomic Contracting: The Contractor is encouraged to take all necessary steps identified in 2
C.F.R. § 200.321(b)(1)-(5) to ensure small businesses, minority businesses, women's business
enterprises, veteran owned businesses, and labor surplus area firms are considered when possible. Such
consideration means: (1) These business types are included on solicitation lists; (2) These business types
are solicited whenever they are deemed eligible as potential sources; (3) Dividing procurement
transactions into separate procurements to permit maximum participation by these business types; (4)
Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date
of each month) that encourage participation by these business types; (5) Utilizing organizations such as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and (6) Requiring a contractor under a Federal award to apply this section to subcontracts.
Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals
(defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2
C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with
these regulations in any lower tier covered transaction it enters into. (3) This certification is a material
representation of fact relied upon by the County. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the
County, the Federal Government may pursue available remedies, including but not limited to suspension
and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000,subpart C while this offer is valid and throughout the period of any contract
that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
Page 4 of 28 CAO
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Contractors must sign and submit a debarment certification to the County with each bid or offer. See
Certifications and Assurances and the end of this document.
Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract,
the Contractor shall make maximum use of products containing recovered materials that are EPA-
designated items unless the product cannot be acquired — a) Competitively within a timeframe providing
for compliance with the contract performance schedule; b) Meeting contract performance requirements; or
c)At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at EPA's
Comprehensive Procurement Guidelines webpage: Comprehensive Procurement Guideline(CPG)Program I US
EPA. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the
Solid Waste Disposal Act.
The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or
use products and services that can be reused, refurbished, or recycled; contain recycled content, are
biobased, or are energy and water efficient; and are sustainable.
Termination for Cause and Convenience(over$10,000): See Standard Purchase Order and/or Contract
Terms and Conditions
Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who
apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the
tier above that it will not and has not used federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer
or employee of Congress, or an employee of a Member of Congress in connection with obtaining any
federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any
lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such
disclosures are forwarded from tier to tier up to the County who in turn will forward the certification(s)to the
federal agency.
Contractors must sign and submit a lobbying certification to the County with each bid or offer exceeding
$100,000. See Certifications and Assurances and the end of this document.
Contract Work Hours and Safety Standards Act (CWHSSA) (40 U.S.C. 3701-3708) (over $100,000):
Where applicable, all contracts awarded by the solicitor in excess of$100,000 that involve the employment
of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5).
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set
forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be
liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including
watchpersons and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section,
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FEDERAL CONTRACT PROVISIONS AND ASSURANCES
in the sum of $32 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph (b)(1).
(3)Withholding for unpaid wages and liquidated damages—
(i) Withholding Process. The County may, upon its own action, or must, upon written request of an
authorized representative of the Department of Labor, withhold or cause to be withheld from the
contractor so much of the accrued payments or advances as may be considered necessary to
satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary
relief, including interest; and liquidated damages required by the clauses set forth in this paragraph
(b)on this contract,any other federal contract with the same prime contractor, or any other federally
assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the
same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the
contractor under this contract, any other federal contract with the same prime contractor, or any
other federally assisted contract that is subject to the Contract Work Hours and Safety Standards
Act and is held by the same prime contractor, regardless of whether the other contract was awarded
or assisted by the same agency, and such funds may be used to satisfy the contractor liability for
which the funds were withheld.
(ii) (ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in
accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds
by:
(A) A contractor's surety(ies), including without limitation performance bond sureties
and payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in
bankruptcy of a contractor, or a contractor's bankruptcy estate;
(D)A contractor's assignee(s);
(E)A contractor's successor(s); or
(F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
(4) Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in
paragraphs (b)(1) through (5) of this section and a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1)through (5). In the
event of any violations of these clauses, the prime contractor, and any subcontractor(s) responsible will be
liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or
loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be
subject to debarment, as appropriate.
(5)Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce,
blacklist, harass,or in any other manner discriminate against, or to cause any person to discharge, demote,
intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any
worker or job applicant for:
(i) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation
of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations
in this part;
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
(ii) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or
seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this
part;
(iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under
CWHSSA or this part; or
(iv) Informing any other person about their rights under CWHSSA or this part."
Further Compliance with the Contract Work Hours and Safety Standards Act.
(1)The contractor or subcontractor must maintain regular payrolls and other basic records during the course
of the work and must preserve them for a period of three years after all the work on the prime contract is
completed for all laborers and mechanics, including guards and watchpersons, working on the contract.
Such records must contain the name; last known address, telephone number, and email address; and
social security number of each such worker; each worker's correct classification(s) of work performed;
hourly rates of wages paid;daily and weekly number of hours actually worked; deductions made; and actual
wages paid.
(2) Records to be maintained under this provision must be made available by the contractor or
subcontractor for inspection, copying, or transcription by authorized representatives of the Department of
Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the
contractor or subcontractor will permit such representatives to interview workers during working hours on
the job."
Clean Air Act (over$150,000): 1. The contractor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act,as amended,42 U.S.C.§7401 et seq. 2.The contractor
agrees to report each violation to the County and understands and agrees that the County will, in turn,
report each violation as required to assure notification to the Federal Emergency Management Agency, and
the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include
these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal
assistance provided by FEMA.
Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all
applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and
understands and agrees that the County will, in turn, report each violation as required to assure notification
to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this
contract, all claims, counter-claims, disputes and other matters in question between the local
government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided
by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction.
CAO
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Construction Activities
This provision is applicable to all federally assisted construction contracts, as that term is defined at 41
C.F.R. § 60-1.3. To the extent this Agreement meets this definition, Contractor agrees as follows:
The Contractor will not discriminate against any employee or applicant for employment because of race,
color, religion,sex,sexual orientation,gender identity, or national origin. The Contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action
shall include, but not be limited to the following:
1) Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3) The Contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish
information.
4) The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
5) The Contractor will comply with the rules, regulations, and relevant orders of the Secretary of Labor.
6) The Contractor will furnish all information and reports required by rules, regulations, and orders of the
Secretary of Labor, and will permit access to its books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
7) In the event of the Contractor's noncompliance with the nondiscrimination clauses this Agreement or
with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or
suspended in whole or in part and the Contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with authorized procedures, and
such other sanctions may be imposed and remedies invoked as by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
8) The Contractor will include the above applicable provisions in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor, so that such provisions
will be binding upon each subcontractor or vendor. The Contractor will take such action with respect
to any subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance:
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may
request the United States to enter into such litigation to protect the interests of the United States.
9) The County further agrees that it will be bound by the above equal opportunity clause with respect to
its own employment practices when it participates in federally assisted construction work: Provided,
that if the City is a state or local government, the above equal opportunity clause is not applicable to
any agency, instrumentality or subdivision of such government which does not participate in work on
or under the contract.
10) The County agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will
furnish the administering agency and the Secretary of Labor such information as they may require for
the supervision of such compliance, and that it will otherwise assist the administering agency in the
discharge of the agency's primary responsibility for securing compliance.
11) The County further agrees that it will refrain from entering into any contract or contract modification
with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts
and federally assisted construction contracts pursuant to any applicable Executive Order and will
carry out such sanctions and penalties for violation of any applicable clause as may be imposed upon
contractors and subcontractors by the administering agency or the Secretary of Labor. In addition, the
County agrees that if it fails or refuses to comply with these undertakings, the administering agency
may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this
grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the
applicant under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such applicant; and refer the case to the
Department of Justice for appropriate legal proceedings.
Subcontracting Contractor acknowledges that if Contractor intends to enter into subcontracts for any
portion of the work under this Agreement, Contractor may take the affirmative steps described in 2 C.F.R.
§ 200.321 to ensure that small business firms, minority business firms, women's business enterprises, and
labor surplus area firms are solicited when possible, to the extent doing so is consistent with applicable
local, State, and Federal law.
Implementing the above provisions for new contracts should at least demonstrate that the County is trying
to comply with the ever-evolving rules and regulations, and as of now, we think this is enough. I'll make
sure I keep you updated on any other actions that might become necessary in the future.
Davis Bacon Act: Exempt under FEMA Public Assistance Funding
Copeland Anti-Kickback Act: Exempt under FEMA Public Assistance Funding
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
FEDERAL HIGHWAY ADMINISTRATION
EMERGENCY RELIEF (ER) PROGRAM
FHWA ER funding is applicable to debris removal based on declarations. A disaster
declaration/proclamation is required, either from the President or the Governor, and FHWA must
concur on a Governor's proclamation. However, in areas where FEMA Public Assistance is
available following a natural disaster, debris removal will not be reimbursed by FHWA.
The following FHWA 1273 provisions are applicable only when an emergency declaration has been
only been made by the Governor.
FHWA 1273 Exceptions:
IV. Davis-Bacon Act and Related Provisions: Exempt under FHWA Emergency Relief Funding
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FHWA-1273—Revised October 23,2023
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
performed on the contract by the contractor's own organization
I. General and with the assistance of workers under the contractor's
II. Nondiscrimination immediate superintendence and to all work performed on the
III. Non-segregated Facilities contract by piecework,station work,or by subcontract. 23
IV. Davis-Bacon and Related Act Provisions CFR 633.102(d).
V. Contract Work Hours and Safety Standards Act
Provisions 3. A breach of any of the stipulations contained in these
VI. Subletting or Assigning the Contract Required Contract Provisions may be sufficient grounds for
VII. Safety:Accident Prevention withholding of progress payments,withholding of final
VIII. False Statements Concerning Highway Projects payment,termination of the contract,suspension/debarment
IX. Implementation of Clean Air Act and Federal Water or any other action determined to be appropriate by the
Pollution Control Act contracting agency and FHWA.
X. Certification Regarding Debarment,Suspension,
Ineligibility and Voluntary Exclusion 4. Selection of Labor:During the performance of this contract,
Xl. Certification Regarding Use of Contract Funds for the contractor shall not use convict labor for any purpose
Lobbying within the limits of a construction project on a Federal-aid
XII. Use of United States-Flag Vessels: highway unless it is labor performed by convicts who are on
parole,supervised release,or probation. 23 U.S.C. 114(b).
ATTACHMENTS The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
A.Employment and Materials Preference for Appalachian 23 U.S.C. 101(a).
Development Highway System or Appalachian Local Access
Road Contracts(included in Appalachian contracts only)
II. NONDISCRIMINATION(23 CFR 230.107(a);23 CFR Part
230,Subpart A,Appendix A;EO 11246)
I. GENERAL
The provisions of this section related to 23 CFR Part 230,
1. Form FHWA-1273 must be physically incorporated in each Subpart A,Appendix A are applicable to all Federal-aid
construction contract funded under title 23,United States construction contracts and to all related construction
Code,as required in 23 CFR 633.102(b)(excluding subcontracts of$10,000 or more. The provisions of 23 CFR
emergency contracts solely intended for debris removal). The Part 230 are not applicable to material supply,engineering,or
contractor(or subcontractor)must insert this form in each architectural service contracts.
subcontract and further require its inclusion in all lower tier
subcontracts(excluding purchase orders,rental agreements In addition,the contractor and all subcontractors must comply
and other agreements for supplies or services). 23 CFR with the following policies:Executive Order 11246,41 CFR
633.102(e). Part 60,29 CFR Parts 1625-1627,23 U.S.C. 140,Section 504
of the Rehabilitation Act of 1973,as amended(29 U.S.C.794),
The applicable requirements of Form FHWA-1273 are Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C.
incorporated by reference for work done under any purchase 2000d et seq.),and related regulations including 49 CFR Parts
order,rental agreement or agreement for other services. The 21,26,and 27;and 23 CFR Parts 200,230,and 633.
prime contractor shall be responsible for compliance by any
subcontractor,lower-tier subcontractor or service provider. 23 The contractor and all subcontractors must comply with: the
CFR 633.102(e). requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b)and,for all construction contracts exceeding$10,000,
Form FHWA-1273 must be included in all Federal-aid design- the Standard Federal Equal Employment Opportunity
build contracts,in all subcontracts and in lower tier Construction Contract Specifications in 41 CFR 60-4.3.
subcontracts(excluding subcontracts for design services,
purchase orders,rental agreements and other agreements for Note:The U.S.Department of Labor has exclusive authority to
supplies or services)in accordance with 23 CFR 633.102. The determine compliance with Executive Order 11246 and the
design-builder shall be responsible for compliance by any policies of the Secretary of Labor including 41 CFR Part 60,
subcontractor,lower-tier subcontractor or service provider. and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure
Contracting agencies may reference Form FHWA-1273 in compliance with 23 U.S.C. 140,Section 504 of the
solicitation-for-bids or request-for-proposals documents, Rehabilitation Act of 1973,as amended(29 U.S.C.794),and
however,the Form FHWA-1273 must be physically Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C.
incorporated(not referenced)in all contracts,subcontracts and 2000d et seq.),and related regulations including 49 CFR Parts
lower-tier subcontracts(excluding purchase orders,rental 21,26,and 27;and 23 CFR Parts 200,230,and 633.
agreements and other agreements for supplies or services
related to a construction contract). 23 CFR 633.102(b). The following provision is adopted from 23 CFR Part 230,
Subpart A,Appendix A,with appropriate revisions to conform
2. Subject to the applicability criteria noted in the following to the U.S.Department of Labor(US DOL)and FHWA
sections,these contract provisions shall apply to all work requirements.
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1.Equal Employment Opportunity:Equal Employment d. Notices and posters setting forth the contractor's EEO
Opportunity(EEO)requirements not to discriminate and to policy will be placed in areas readily accessible to employees,
take affirmative action to assure equal opportunity as set forth applicants for employment and potential employees.
under laws,executive orders,rules,regulations(see 28 CFR
Part 35,29 CFR Part 1630,29 CFR Parts 1625-1627,41 CFR e. The contractor's EEO policy and the procedures to
Part 60 and 49 CFR Part 27)and orders of the Secretary of implement such policy will be brought to the attention of
Labor as modified by the provisions prescribed herein,and employees by means of meetings,employee handbooks,or
imposed pursuant to 23 U.S.C. 140,shall constitute the EEO other appropriate means.
and specific affirmative action standards for the contractor's
project activities under this contract.The provisions of the 4.Recruitment:When advertising for employees,the
Americans with Disabilities Act of 1990(42 U.S.C. 12101 et contractor will include in all advertisements for employees the
seq.)set forth under 28 CFR Part 35 and 29 CFR Part 1630 notation:"An Equal Opportunity Employer." All such
are incorporated by reference in this contract.In the execution advertisements will be placed in publications having a large
of this contract,the contractor agrees to comply with the circulation among minorities and women in the area from
following minimum specific requirement activities of EEO: which the project work force would normally be derived.
a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid
the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct
good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral
of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To
of activities under the contract. 23 CFR 230.409(g)(4)&(5). meet this requirement,the contractor will identify sources of
potential minority group employees and establish with such
b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women
following statement: applicants may be referred to the contractor for employment
consideration.
"It is the policy of this Company to assure that applicants
are employed,and that employees are treated during b. In the event the contractor has a valid bargaining
employment,without regard to their race,religion,sex, agreement providing for exclusive hiring hall referrals,the
sexual orientation,gender identity,color,national origin,age contractor is expected to observe the provisions of that
or disability. Such action shall include:employment, agreement to the extent that the system meets the contractor's
upgrading,demotion,or transfer;recruitment or recruitment compliance with EEO contract provisions. Where
advertising;layoff or termination;rates of pay or other forms implementation of such an agreement has the effect of
of compensation;and selection for training,including discriminating against minorities or women,or obligates the
apprenticeship,pre-apprenticeship,and/or on-the-job contractor to do the same,such implementation violates
training." Federal nondiscrimination provisions.
2. EEO Officer:The contractor will designate and make c. The contractor will encourage its present employees to
known to the contracting officers an EEO Officer who will have refer minorities and women as applicants for employment.
the responsibility for and must be capable of effectively Information and procedures with regard to referring such
administering and promoting an active EEO program and who applicants will be discussed with employees.
must be assigned adequate authority and responsibility to do
so. 5. Personnel Actions:Wages,working conditions,and
employee benefits shall be established and administered,and
3. Dissemination of Policy:All members of the contractor's personnel actions of every type,including hiring,upgrading,
staff who are authorized to hire,supervise,promote,and promotion,transfer,demotion,layoff,and termination,shall be
discharge employees,or who recommend such action or are taken without regard to race,color, religion,sex,sexual
substantially involved in such action,will be made fully orientation,gender identity,national origin,age or disability.
cognizant of and will implement the contractor's EEO policy The following procedures shall be followed:
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above a. The contractor will conduct periodic inspections of project
agreement will be met,the following actions will be taken as a sites to ensure that working conditions and employee facilities
minimum: do not indicate discriminatory treatment of project site
personnel.
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then b. The contractor will periodically evaluate the spread of
not less often than once every six months,at which time the wages paid within each classification to determine any
contractor's EEO policy and its implementation will be evidence of discriminatory wage practices.
reviewed and explained. The meetings will be conducted by
the EEO Officer or other knowledgeable company official. c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
b. All new supervisory or personnel office employees will be discrimination. Where evidence is found,the contractor will
given a thorough indoctrination by the EEO Officer,covering promptly take corrective action. If the review indicates that the
all major aspects of the contractor's EEO obligations within discrimination may extend beyond the actions reviewed,such
thirty days following their reporting for duty with the contractor, corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for d. The contractor will promptly investigate all complaints of
the project will be instructed by the EEO Officer in the alleged discrimination made to the contractor in connection
contractor's procedures for locating and hiring minorities and with its obligations under this contract,will attempt to resolve
women. such complaints,and will take appropriate corrective action
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within a reasonable time. If the investigation indicates that the sufficient referrals(even though it is obligated to provide
discrimination may affect persons other than the complainant, exclusive referrals under the terms of a collective bargaining
such corrective action shall include such other persons. Upon agreement)does not relieve the contractor from the
completion of each investigation,the contractor will inform requirements of this paragraph. In the event the union referral
every complainant of all of their avenues of appeal. practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246,as amended,and these
6.Training and Promotion: special provisions,such contractor shall immediately notify the
contracting agency.
a. The contractor will assist in locating,qualifying,and
increasing the skills of minorities and women who are 8. Reasonable Accommodation for Applicants/
applicants for employment or current employees. Such efforts Employees with Disabilities: The contractor must be familiar
should be aimed at developing full journey level status with the requirements for and comply with the Americans with
employees in the type of trade or job classification involved. Disabilities Act and all rules and regulations established
thereunder. Employers must provide reasonable
b. Consistent with the contractor's work force requirements accommodation in all employment activities unless to do so
and as permissible under Federal and State regulations,the would cause an undue hardship.
contractor shall make full use of training programs(i.e.,
apprenticeship and on-the-job training programs for the 9.Selection of Subcontractors,Procurement of Materials
geographical area of contract performance). In the event a and Leasing of Equipment:The contractor shall not
special provision for training is provided under this contract, discriminate on the grounds of race,color, religion,sex,sexual
this subparagraph will be superseded as indicated in the orientation,gender identity, national origin,age,or disability in
special provision. The contracting agency may reserve the selection and retention of subcontractors,including
training positions for persons who receive welfare assistance procurement of materials and leases of equipment. The
in accordance with 23 U.S.C. 140(a). contractor shall take all necessary and reasonable steps to
ensure nondiscrimination in the administration of this contract.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance a. The contractor shall notify all potential subcontractors,
requirements for each. suppliers,and lessors of their EEO obligations under this
contract.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and b. The contractor will use good faith efforts to ensure
women and will encourage eligible employees to apply for subcontractor compliance with their EEO obligations.
such training and promotion.
7.Unions: If the contractor relies in whole or in part upon 10. Assurances Required:
unions as a source of employees,the contractor will use good
faith efforts to obtain the cooperation of such unions to a. The requirements of 49 CFR Part 26 and the State
increase opportunities for minorities and women. 23 CFR DOT's FHWA-approved Disadvantaged Business Enterprise
230.409. Actions by the contractor,either directly or through a (DBE)program are incorporated by reference.
contractor's association acting as agent,will include the
procedures set forth below: b. The contractor,subrecipient or subcontractor shall not
discriminate on the basis of race,color,national origin,or sex
a. The contractor will use good faith efforts to develop,in in the performance of this contract.The contractor shall carry
cooperation with the unions,joint training programs aimed out applicable requirements of 49 CFR part 26 in the award
toward qualifying more minorities and women for membership and administration of DOT-assisted contracts.Failure by the
in the unions and increasing the skills of minorities and women contractor to carry out these requirements is a material breach
so that they may qualify for higher paying employment. of this contract,which may result in the termination of this
contract or such other remedy as the recipient deems
b. The contractor will use good faith efforts to incorporate an appropriate,which may include,but is not limited to:
EEO clause into each union agreement to the end that such (1)Withholding monthly progress payments;
union will be contractually bound to refer applicants without (2)Assessing sanctions;
regard to their race,color,religion,sex,sexual orientation, (3)Liquidated damages;and/or
gender identity,national origin,age,or disability. (4)Disqualifying the contractor from future bidding as non-
responsible.
c. The contractor is to obtain information as to the referral c. The Title VI and nondiscrimination provisions of U.S.
practices and policies of the labor union except that to the DOT Order 1050.2A at Appendixes A and E are incorporated
extent such information is within the exclusive possession of by reference. 49 CFR Part 21.
the labor union and such labor union refuses to furnish such
information to the contractor,the contractor shall so certify to 11.Records and Reports:The contractor shall keep such
the contracting agency and shall set forth what efforts have records as necessary to document compliance with the EEO
been made to obtain such information. requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
d. In the event the union is unable to provide the contractor contractor for all contract work and shall be available at
with a reasonable flow of referrals within the time limit set forth reasonable times and places for inspection by authorized
in the collective bargaining agreement,the contractor will, representatives of the contracting agency and the FHWA.
through independent recruitment efforts,fill the employment
vacancies without regard to race,color,religion,sex,sexual a. The records kept by the contractor shall document the
orientation,gender identity,national origin,age,or disability; following:
making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide
3
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(1)The number and work hours of minority and non- Projects funded under 23 U.S.C. 117,and National Highway
minority group members and women employed in each work Freight Program projects funded under 23 U.S.C. 167.
classification on the project;
(2)The progress and efforts being made in cooperation The following provisions are from the U.S.Department of
with unions,when applicable,to increase employment Labor regulations in 29 CFR 5.5"Contract provisions and
opportunities for minorities and women;and related matters"with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
(3)The progress and efforts being made in locating,hiring,
training,qualifying,and upgrading minorities and women. 1. Minimum wages(29 CFR 5.5)
b. The contractors and subcontractors will submit an annual a. Wage rates and fringe benefits.All laborers and
report to the contracting agency each July for the duration of
the project indicating the number of minority,women,and non- mechanics employed or working upon the site of the work(or
minority group employees currently engaged in each work otherwise working in construction or development of the
classification required by the contract work. This information is project under a development statute),will be paid
to be reported on Form FHWA-1391. The staffing data should unconditionally and not less often than once a week,and
represent the project work force on board in all or any part of without subsequent deduction or rebate on any account
the last payroll period preceding the end of July. If on-the-job (except such payroll deductions as are permitted by
training is being required by special provision,the contractor regulations issued by the Secretary of Labor under the
will be required to collect and report training data. The Copeland Act(29 CFR part 3)),the full amount of basic hourly
employment data should reflect the work force on board during wages and bona fide fringe benefits(or cash equivalents
all or any part of the last payroll period preceding the end of thereof)due at time of payment computed at rates not less
July. than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof,regardless of any contractual relationship which may
III.NONSEGREGATED FACILITIES be alleged to exist between the contractor and such laborers
and mechanics.As provided in paragraphs(d)and(e)of 29
This provision is applicable to all Federal-aid construction CFR 5.5,the appropriate wage determinations are effective by
contracts and to all related construction subcontracts of more operation of law even if they have not been attached to the
than$10,000. 41 CFR 60-1.5. contract.Contributions made or costs reasonably anticipated
for bona fide fringe benefits under the Davis-Bacon Act(40
As prescribed by 41 CFR 60-1.8,the contractor must ensure U.S.C.3141(2)(B))on behalf of laborers or mechanics are
that facilities provided for employees are provided in such a considered wages paid to such laborers or mechanics,subject
manner that segregation on the basis of race,color,religion, to the provisions of paragraph 1.e.of this section;also,regular
sex,sexual orientation,gender identity,or national origin contributions made or costs incurred for more than a weekly
cannot result. The contractor may neither require such period(but not less often than quarterly)under plans,funds,or
segregated use by written or oral policies nor tolerate such use programs which cover the particular weekly period,are
by employee custom. The contractor's obligation extends deemed to be constructively made or incurred during such
further to ensure that its employees are not assigned to weekly period.Such laborers and mechanics must be paid the
perform their services at any location under the contractor's appropriate wage rate and fringe benefits on the wage
control where the facilities are segregated. The term"facilities" determination for the classification(s)of work actually
includes waiting rooms,work areas,restaurants and other performed,without regard to skill,except as provided in
eating areas,time clocks,restrooms,washrooms,locker paragraph 4.of this section.Laborers or mechanics performing
rooms and other storage or dressing areas,parking lots, work in more than one classification may be compensated at
drinking fountains,recreation or entertainment areas, the rate specified for each classification for the time actually
transportation,and housing provided for employees. The worked therein:Provided,That the employer's payroll records
contractor shall provide separate or single-user restrooms and accurately set forth the time spent in each classification in
necessary dressing or sleeping areas to assure privacy which work is performed.The wage determination(including
between sexes. any additional classifications and wage rates conformed under
paragraph 1.c.of this section)and the Davis-Bacon poster
(WH-1321)must be posted at all times by the contractor and
IV. DAVIS-BACON AND RELATED ACT PROVISIONS its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
This section is applicable to all Federal-aid construction
projects exceeding$2,000 and to all related subcontracts and b.Frequently recurring classifications. (1)In addition to wage
lower-tier subcontracts(regardless of subcontract size),in and fringe benefit rates that have been determined to be
accordance with 29 CFR 5.5. The requirements apply to all prevailing under the procedures set forth in 29 CFR part 1,a
projects located within the right-of-way of a roadway that is wage determination may contain,pursuant to§1.3(f),wage
functionally classified as Federal-aid highway. 23 U.S.C. 113. and fringe benefit rates for classifications of laborers and
This excludes roadways functionally classified as local roads mechanics for which conformance requests are regularly
or rural minor collectors,which are exempt. 23 U.S.C. 101. submitted pursuant to paragraph 1.c.of this section,provided
Where applicable law requires that projects be treated as a that:
project on a Federal-aid highway,the provisions of this subpart
will apply regardless of the location of the project. Examples (i)The work performed by the classification is not
include:Surface Transportation Block Grant Program projects performed by a classification in the wage determination for
funded under 23 U.S.C. 133[excluding recreational trails which a prevailing wage rate has been determined;
projects],the Nationally Significant Freight and Highway
4 Page 14 of 28 CAO
16C1
(ii)The classification is used in the area by the under paragraphs 1.c.(3)and(4)of this section.The contractor
construction industry;and must furnish a written copy of such determination to each
affected worker or it must be posted as a part of the wage
(iii)The wage rate for the classification bears a reasonable determination.The wage rate(including fringe benefits where
relationship to the prevailing wage rates contained in the appropriate)determined pursuant to paragraph 1.c.(3)or(4)of
wage determination, this section must be paid to all workers performing work in the
classification under this contract from the first day on which
work is performed in the classification.
(2)The Administrator will establish wage rates for such
classifications in accordance with paragraph 1.c.(1)(iii)of this d.Fringe benefits not expressed as an hourly rate.
section.Work performed in such a classification must be paid Whenever the minimum wage rate prescribed in the contract
at no less than the wage and fringe benefit rate listed on the for a class of laborers or mechanics includes a fringe benefit
wage determination for such classification. 9
which is not expressed as an hourly rate,the contractor may
either pay the benefit as stated in the wage determination or
c.Conformance. (1)The contracting officer must require that may pay another bona fide fringe benefit or an hourly cash
any class of laborers or mechanics,including helpers,which is equivalent thereof.
not listed in the wage determination and which is to be
employed under the contract be classified in conformance with e. Unfunded plans. If the contractor does not make
the wage determination.Conformance of an additional
classification and wage rate and fringe benefits is appropriate payments to a trustee or other third person,the contractor may
only when the following criteria have been met: consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program,Provided,That
(i)The work to be performed by the classification the Secretary of Labor has found,upon the written request of
requested is not performed by a classification in the wage the contractor,in accordance with the criteria set forth in
determination;and §5.28,that the applicable standards of the Davis-Bacon Act
have been met.The Secretary of Labor may require the
(ii)The classification is used in the area by the contractor to set aside in a separate account assets for the
construction industry;and meeting of obligations under the plan or program.
a fringe f.Interest. In the event of a failure to pay all or part of the
(iii)The proposed wage rate,including any bona fide wages required by the contract,the contractor will be required
benefits,bears a reasonable relationship to the wage rates to pay interest on any underpayment of wages.
contained in the wage determination.
(2)The conformance process may not be used to split, 2. Withholding(29 CFR 5.5)
subdivide,or otherwise avoid application of classifications
listed in the wage determination. a. Withholding requirements.The contracting agency may,
upon its own action,or must,upon written request of an
(3)If the contractor and the laborers and mechanics to be authorized representative of the Department of Labor,withhold
employed in the classification(if known),or their or cause to be withheld from the contractor so much of the
representatives,and the contracting officer agree on the accrued payments or advances as may be considered
classification and wage rate(including the amount designated necessary to satisfy the liabilities of the prime contractor or any
for fringe benefits where appropriate),a report of the action subcontractor forthe fullr da by thet clausesf wages and monetary relief,
taken will be sent by the contracting officer by email to including sectiong interest,ns of required contract,or to set forthfy iny this
DBAconformance(a,dol.gov.The Administrator,or an for violations of this al to satisfy any such
authorized representative,will approve,modify,or disapprove liabilities required by any other Federal contract,or federally
every additional classification action within 30 days of receipt i assistedldby the sate subjectimto contractor
(as labore standards,5.2).that
and so advise the contracting officer or will notify the is held the same prime contractor(as defined in§5.2).The
contracting officer within the 30—day period that additional time necessary funds may be withheld from the contractor under
this contract,any other Federal contract with the same prime
is necessary. contractor,or any other federally assisted contract that is
subject to Davis-Bacon labor standards requirements and is
(4)In the event the contractor,the laborers or mechanics to held by the same prime contractor,regardless of whether the
be employed in the classification or their representatives,and other contract was awarded or assisted by the same agency,
the contracting officer do not agree on the proposed and such funds may be used to satisfy the contractor liability
classification and wage rate(including the amount designated for which the funds were withheld. In the event of a
for fringe benefits,where appropriate),the contracting officer contractor's failure to pay any laborer or mechanic,including
will,by email to DBAconformance(7a dol.gov refer the any apprentice or helper working on the site of the work all or
questions,including the views of all interested parties and the part of the wages required by the contract,or upon the
recommendation of the contracting officer,to the Administrator contractor's failure to submit the required records as discussed
for determination.The Administrator,or an authorized in paragraph 3.d.of this section,the contracting agency may
representative,will issue a determination within 30 days of on its own initiative and after written notice to the contractor,
receipt and so advise the contracting officer or will notify the take such action as may be necessary to cause the
contracting officer within the 30—day period that additional time suspension of any further payment,advance,or guarantee of
is necessary. funds until such violations have ceased.
(5)The contracting officer must promptly notify the b.Priority to withheld funds.The Department has priority to
contractor of the action taken by the Wage and Hour Division funds withheld or to be withheld in accordance with paragraph
5 Page 15 of 28 CQO
16C1
2.a.of this section or Section V,paragraph 3.a.,or both,over agency.The prime contractor is responsible for the submission
claims to those funds by: of all certified payrolls by all subcontractors.A contracting
agency or prime contractor may permit or require contractors
(1)A contractor's surety(ies),including without limitation to submit certified payrolls through an electronic system,as
performance bond sureties and payment bond sureties; long as the electronic system requires a legally valid electronic
signature;the system allows the contractor,the contracting
agency,and the Department of Labor to access the certified
(2)A contracting agency for its reprocurement costs; payrolls upon request for at least 3 years after the work on the
prime contract has been completed;and the contracting
(3)A trustee(s)(either a court-appointed trustee or a U.S. agency or prime contractor permits other methods of
trustee,or both)in bankruptcy of a contractor,or a contractor's submission in situations where the contractor is unable or
bankruptcy estate; limited in its ability to use or access the electronic system.
(2)Information required.The certified payrolls submitted
(4)A contractor's assignee(s); must set out accurately and completely all of the information
required to be maintained under paragraph 3.a.(2)of this
(5)A contractor's successor(s);or section,except that full Social Security numbers and last
known addresses,telephone numbers,and email addresses
(6)A claim asserted under the Prompt Payment Act,31 must not be included on weekly transmittals. Instead,the
U.S.C. claim3901 asser907. certified payrolls need only include an individually identifying
number for each worker(e.g.,the last four digits of the
worker's Social Security number).The required weekly
3.Records and certified payrolls(29 CFR 5.5) certified payroll information may be submitted using Optional
Form WH-347 or in any other format desired.Optional Form
WH-347 is available for this purpose from the Wage and Hour
a.Basic record requirements(1)Length of record retention. Division website at httos://www.dol.pov/sites/dolaov/files/WHD/
All regular payrolls and other basic records must be legacy/files/wh347/.odf or its successor website. It is not a
maintained by the contractor and any subcontractor during the violation of this section for a prime contractor to require a
course of the work and preserved for all laborers and subcontractor to provide full Social Security numbers and last
mechanics working at the site of the work(or otherwise known addresses,telephone numbers,and email addresses to
working in construction or development of the project under a the prime contractor for its own records,without weekly
development statute)for a period of at least 3 years after all submission by the subcontractor to the contracting agency.
the work on the prime contract is completed.
(2)Information required.Such records must contain the (3)Statement of Compliance. Each certified payroll
submitted must be accompanied by a"Statement of
name;Social Security number;last known address,telephone Compliance,"signed by the contractor or subcontractor,or the
number,and email address of each such worker;each contractor's or subcontractor's agent who pays or supervises
worker's correct classification(s)of work actually performed; the payment of the persons working on the contract,and must
hourly rates of wages paid(including rates of contributions or certify the following:
costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in 40 U.S.C.
3141(2)(B)of the Davis-Bacon Act);daily and weekly number (i)That the certified payroll for the payroll period contains
of hours actually worked in total and on each covered contract; the information required to be provided under paragraph 3.b.
deductions made;and actual wages paid. of this section,the appropriate information and basic records
are being maintained under paragraph 3.a.of this section,
and such information and records are correct and complete;
(3)Additional records relating to fringe benefits.Whenever
the Secretary of Labor has found under paragraph 1.e.of this
section that the wages of any laborer or mechanic include the (ii)That each laborer or mechanic(including each helper
amount of any costs reasonably anticipated in providing and apprentice)working on the contract during the payroll
benefits under a plan or program described in 40 U.S.C. period has been paid the full weekly wages earned,without
3141(2)(3)of the Davis-Bacon Act,the contractor must rebate,either directly or indirectly,and that no deductions
maintain records which show that the commitment to provide have been made either directly or indirectly from the full
such benefits is enforceable,that the plan or program is wages earned,other than permissible deductions as set
financially responsible,and that the plan or program has been forth in 29 CFR part 3;and
communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual (iii)That each laborer or mechanic has been paid not less
cost incurred in providing such benefits. than the applicable wage rates and fringe benefits or cash
equivalents for the classification(s)of work actually
(4)Additional records relating to apprenticeship.Contractors performed,as specified in the applicable wage determination
with apprentices working under approved programs must incorporated into the contract.
maintain written evidence of the registration of apprenticeship
programs,the registration of the apprentices,and the ratios (4)Use of Optional Form WH-347.The weekly submission
and wage rates prescribed in the applicable programs. of a properly executed certification set forth on the reverse
side of Optional Form WH-347 will satisfy the requirement for
b. Certified payroll requirements(1)Frequency and method submission of the"Statement of Compliance"required by
of submission.The contractor or subcontractor must submit paragraph 3.b.(3)of this section.
weekly,for each week in which any DBA-or Related Acts-
covered work is performed,certified payrolls to the contracting
6 Page 16 of 28 CAO
16C1
(5)Signature.The signature by the contractor, of each covered worker,and must provide them upon request
subcontractor,or the contractor's or subcontractor's agent to the contracting agency,the State DOT,the FHWA,the
must be an original handwritten signature or a legally valid contractor,or the Wage and Hour Division of the Department
electronic signature. of Labor for purposes of an investigation or other compliance
action.
(6)Falsification.The falsification of any of the above
certifications may subject the contractor or subcontractor to 4.Apprentices and equal employment opportunity(29 CFR
civil or criminal prosecution under 18 U.S.C. 1001 and 31 5.5)
U.S.C.3729.
a.Apprentices(1)Rate of pay.Apprentices will be permitted
(7)Length of certified payroll retention.The contractor or to work at less than the predetermined rate for the work they
subcontractor must preserve all certified payrolls during the perform when they are employed pursuant to and individually
course of the work and for a period of 3 years after all the work registered in a bona fide apprenticeship program registered
on the prime contract is completed. with the U.S.Department of Labor,Employment and Training
Administration,Office of Apprenticeship(OA),or with a State
c.Contracts,subcontracts,and related documents.The Apprenticeship Agency recognized by the OA.A person who is
contractor or subcontractor must maintain this contract or not individually registered in the program,but who has been
subcontract and related documents including,without certified by the OA or a State Apprenticeship Agency(where
limitation,bids,proposals,amendments,modifications,and appropriate)to be eligible for probationary employment as an
extensions.The contractor or subcontractor must preserve apprentice,will be permitted to work at less than the
these contracts,subcontracts,and related documents during predetermined rate for the work they perform in the first 90
the course of the work and for a period of 3 years after all the days of probationary employment as an apprentice in such a
work on the prime contract is completed. program.In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program,the contractor will no longer be
d.Required disclosures and access(1)Required record permitted to use apprentices at less than the applicable
disclosures and access to workers.The contractor or predetermined rate for the work performed until an acceptable
subcontractor must make the records required under program is approved.
paragraphs 3.a.through 3.c.of this section,and any other
documents that the contracting agency,the State DOT,the (2)Fringe benefits.Apprentices must be paid fringe benefits
FHWA,or the Department of Labor deems necessary to in accordance with the provisions of the apprenticeship
determine compliance with the labor standards provisions of program.If the apprenticeship program does not specify fringe
any of the applicable statutes referenced by§5.1,available for benefits,apprentices must be paid the full amount of fringe
inspection,copying,or transcription by authorized benefits listed on the wage determination for the applicable
representatives of the contracting agency,the State DOT,the classification.If the Administrator determines that a different
FHWA,or the Department of Labor,and must permit such
representatives to interview workers during working hours on practice prevails for the applicable apprentice classification,
the job. fringe benefits must be paid in accordance with that
determination.
(2)Sanctions for non-compliance with records and worker (3)Apprenticeship ratio.The allowable ratio of
access requirements. If the contractor or subcontractor fails to pp p apprentices to
submit the required records or to make them available,or journeyworkers on the job site in any craft classification must
refuses to permit worker interviews during working hours on not be greater than the ratio permitted to the contractor as to
the job,the Federal agency may,after written notice to the the entire work force under the registered program or the ratio
contractor,sponsor,applicant,owner,or other entity,as the applicable to the locality of the project pursuant to paragraph
case may be,that maintains such records or that employs 4.a.(4)of this section.Any worker listed on a payroll at an
such workers,take such action as may be necessary to cause apprentice wage rate,who is not registered or otherwise
the suspension of any further payment,advance,or guarantee employed as stated in paragraph 4.a.(1)of this section,must
of funds.Furthermore,failure to submit the required records be paid not less than the applicable wage rate on the wage
upon request or to make such records available,or to permit determination for the classification of work actually performed.
worker interviews during working hours on the job,may be In addition,any apprentice performing work on the job site in
grounds for debarment action pursuant to§5.12.In addition, excess of the ratio permitted under this section must be paid
any contractor or other person that fails to submit the required not less than the applicable wage rate on the wage
records or make those records available to WHD within the determination for the work actually performed.
time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative (4)Reciprocity of ratios and wage rates.Where a contractor
proceeding under 29 CFR part 6 any of the required records is performing construction on a project in a locality other than
that were not provided or made available to WHD.WHD will the locality in which its program is registered,the ratios and
take into consideration a reasonable request from the wage rates(expressed in percentages of the journeyworker's
contractor or person for an extension of the time for hourly rate)applicable within the locality in which the
submission of records.WHD will determine the construction is being performed must be observed.If there is
reasonableness of the request and may consider,among other no applicable ratio or wage rate for the locality of the project,
things,the location of the records and the volume of the ratio and wage rate specified in the contractor's registered
production. program must be observed.
(3)Required information disclosures.Contractors and b.Equal employment opportunity.The use of apprentices
subcontractors must maintain the full Social Security number and journeyworkers under this part must be in conformity with
and last known address,telephone number,and email address
Page 17 of 28 CAO
7
16C1
the equal employment opportunity requirements of Executive b. No part of this contract shall be subcontracted to any
Order 11246,as amended,and 29 CFR part 30. person or firm ineligible for award of a Government contract by
virtue of 40 U.S.C.3144(b)or§5.12(a).
c. Apprentices and Trainees(programs of the U.S.DOT).
c.The penalty for making false statements is prescribed in
Apprentices and trainees working under apprenticeship and the U.S.Code,Title 18 Crimes and Criminal Procedure, 18
skill training programs which have been certified by the U.S.C. 1001.
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not 11.Anti-retaliation.It is unlawful for any person to discharge,
subject to the requirements of paragraph 4 of this Section IV. demote,intimidate,threaten,restrain,coerce,blacklist,harass,
23 CFR 230.111(e)(2).The straight time hourly wage rates for or in any other manner discriminate against,or to cause any
apprentices and trainees under such programs will be person to discharge,demote,intimidate,threaten,restrain,
established by the particular programs.The ratio of coerce,blacklist,harass,or in any other manner discriminate
apprentices and trainees to journeyworkers shall not be against,any worker or job applicant for:
greater than permitted by the terms of the particular program.
a.Notifying any contractor of any conduct which the worker
5.Compliance with Copeland Act requirements. The reasonably believes constitutes a violation of the DBA, Related
contractor shall comply with the requirements of 29 CFR part Acts,this part,or 29 CFR part 1 or 3;
3,which are incorporated by reference in this contract as
provided in 29 CFR 5.5. b.Filing any complaint,initiating or causing to be initiated
any proceeding,or otherwise asserting or seeking to assert on
6.Subcontracts.The contractor or subcontractor must insert behalf of themselves or others any right or protection under the
FHWA-1273 in any subcontracts,along with the applicable DBA,Related Acts,this part,or 29 CFR part 1 or 3;
wage determination(s)and such other clauses or contract
modifications as the contracting agency may by appropriate c.Cooperating in any investigation or other compliance
instructions require,and a clause requiring the subcontractors action,or testifying in any proceeding under the DBA, Related
to include these clauses and wage determination(s)in any Acts,this part,or 29 CFR part 1 or 3;or
lower tier subcontracts.The prime contractor is responsible for
the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section.In d. Informing any other person about their rights under the
the event of any violations of these clauses,the prime DBA, Related Acts,this part,or 29 CFR part 1 or 3.
contractor and any subcontractor(s)responsible will be liable
for any unpaid wages and monetary relief,including interest
from the date of the underpayment or loss,due to any workers V. CONTRACT WORK HOURS AND SAFETY STANDARDS
of lower-tier subcontractors,and may be subject to debarment, ACT
as appropriate. 29 CFR 5.5.
7.Contract termination:debarment. A breach of the Pursuant to 29 CFR 5.5(b),the following clauses apply to any
contract clauses in 29 CFR 5.5 may be grounds for termination Federal-aid construction contract in an amount in excess of
of the contract,and for debarment as a contractor and a $100,000 and subject to the overtime provisions of the
subcontractor as provided in 29 CFR 5.12. Contract Work Hours and Safety Standards Act.These
clauses shall be inserted in addition to the clauses required by
29 CFR 5.5(a)or 29 CFR 4.6. As used in this paragraph,the
8.Compliance with Davis-Bacon and Related Act terms laborers and mechanics include watchpersons and
requirements. All rulings and interpretations of the Davis- guards.
Bacon and Related Acts contained in 29 CFR parts 1,3,and 5
are herein incorporated by reference in this contract as
provided in 29 CFR 5.5. 1.Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
9.Disputes concerning labor standards.As provided in 29 require or permit any such laborer or mechanic in any
CFR 5.5,disputes arising out of the labor standards provisions workweek in which he or she is employed on such work to
of this contract shall not be subject to the general disputes work in excess of forty hours in such workweek unless such
clause of this contract.Such disputes shall be resolved in laborer or mechanic receives compensation at a rate not less
accordance with the procedures of the Department of Labor than one and one-half times the basic rate of pay for all hours
set forth in 29 CFR parts 5,6,and 7.Disputes within the worked in excess of forty hours in such workweek. 29 CFR
meaning of this clause include disputes between the contractor 5.5.
(or any of its subcontractors)and the contracting agency,the
U.S.Department of Labor,or the employees or their 2.Violation;liability for unpaid wages;liquidated
representatives. damages.In the event of any violation of the clause set forth
in paragraph 1.of this section the contractor and any
10.Certification of eligibility.a.By entering into this contract, subcontractor responsible therefor shall be liable for the
the contractor certifies that neither it nor any person or firm unpaid wages and interest from the date of the underpayment.
who has an interest in the contractor's firm is a person or firm In addition,such contractor and subcontractor shall be liable to
ineligible to be awarded Government contracts by virtue of 40 the United States(in the case of work done under contract for
U.S.C.3144(b)or§5.12(a). the District of Columbia or a territory,to such District or to such
territory),for liquidated damages.Such liquidated damages
shall be computed with respect to each individual laborer or
8
Page 18 of 28 CAO
16C1
mechanic,including watchpersons and guards,employed in event of any violations of these clauses,the prime contractor
violation of the clause set forth in paragraph 1.of this section, and any subcontractor(s)responsible will be liable for any
in the sum currently provided in 29 CFR 5.5(b)(2)*for each unpaid wages and monetary relief,including interest from the
calendar day on which such individual was required or date of the underpayment or loss,due to any workers of lower-
permitted to work in excess of the standard workweek of forty tier subcontractors,and associated liquidated damages and
hours without payment of the overtime wages required by the may be subject to debarment,as appropriate.
clause set forth in paragraph 1.of this section.
5.Anti-retaliation. It is unlawful for any person to discharge,
*$31 as of January 15,2023(See 88 FR 88 FR 2210)as may demote,intimidate,threaten,restrain,coerce,blacklist,harass,
be adjusted annually by the Department of Labor,pursuant to or in any other manner discriminate against,or to cause any
the Federal Civil Penalties Inflation Adjustment Act of 1990. person to discharge,demote,intimidate,threaten, restrain,
coerce,blacklist,harass,or in any other manner discriminate
3.Withholding for unpaid wages and liquidated damages against,any worker or job applicant for:
a. Withholding process.The FHWA or the contracting a.Notifying any contractor of any conduct which the worker
agency may,upon its own action,or must,upon written reasonably believes constitutes a violation of the Contract
request of an authorized representative of the Department of Work Hours and Safety Standards Act(CWHSSA)or its
Labor,withhold or cause to be withheld from the contractor so implementing regulations in this part;
much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime b.Filing any complaint,initiating or causing to be initiated
contractor or any subcontractor for any unpaid wages; any proceeding,or otherwise asserting or seeking to assert on
monetary relief,including interest;and liquidated damages behalf of themselves or others any right or protection under
required by the clauses set forth in this section on this CWHSSA or this part;
contract,any other Federal contract with the same prime
contractor,or any other federally assisted contract subject to c.Cooperating in any investigation or other compliance
the Contract Work Hours and Safety Standards Act that is held action,or testifying in any proceeding under CWHSSA or this
by the same prime contractor(as defined in§5.2).The part;or
necessary funds may be withheld from the contractor under
this contract,any other Federal contract with the same prime
contractor,or any other federally assisted contract that is d. Informing any other person about their rights under
subject to the Contract Work Hours and Safety Standards Act CWHSSA or this part.
and is held by the same prime contractor,regardless of
whether the other contract was awarded or assisted by the
same agency,and such funds may be used to satisfy the VI.SUBLETTING OR ASSIGNING THE CONTRACT
contractor liability for which the funds were withheld.
This provision is applicable to all Federal-aid construction
b.Priority to withheld funds.The Department has priority to contracts on the National Highway System pursuant to 23 CFR
funds withheld or to be withheld in accordance with Section IV 635.116.
paragraph 2.a.or paragraph 3.a.of this section,or both,over
claims to those funds by: 1.The contractor shall perform with its own organization
contract work amounting to not less than 30 percent(or a
(1)A contractor's surety(ies),including without limitation greater percentage if specified elsewhere in the contract)of
performance bond sureties and payment bond sureties; the total original contract price,excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
(2)A contracting agency for its reprocurement costs; specialty items performed may be deducted from the total
original contract price before computing the amount of work
(3)A trustee(s)(either a court-appointed trustee or a U.S. required to be performed by the contractor's own organization
trustee,or both)in bankruptcy of a contractor,or a contractor's (23 CFR 635.116).
bankruptcy estate; a. The term"perform work with its own organization"in
paragraph 1 of Section VI refers to workers employed or
(4)A contractor's assignee(s); leased by the prime contractor,and equipment owned or
rented by the prime contractor,with or without operators.
(5)A contractor's successor(s);or Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor,agents of the prime
contractor,or any other assignees. The term may include
(6)A claim asserted under the Prompt Payment Act,31 payments for the costs of hiring leased employees from an
U.S.C.3901-3907. employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the
4.Subcontracts.The contractor or subcontractor must insert following conditions:(based on longstanding interpretation)
in any subcontracts the clauses set forth in paragraphs 1.
through 5.of this section and a clause requiring the (1)the prime contractor maintains control over the
subcontractors to include these clauses in any lower tier supervision of the day-to-day activities of the leased
subcontracts.The prime contractor is responsible for employees;
compliance by any subcontractor or lower tier subcontractor (2)the prime contractor remains responsible for the quality
with the clauses set forth in paragraphs 1.through 5.In the of the work of the leased employees;
9
Page 19 of 28 CAO
16C1
(3)the prime contractor retains all power to accept or health standards(29 CFR Part 1926)promulgated by the
exclude individual employees from work on the project;and Secretary of Labor,in accordance with Section 107 of the
(4)the prime contractor remains ultimately responsible for Contract Work Hours and Safety Standards Act(40 U.S.C.
the payment of predetermined minimum wages,the 3704). 29 CFR 1926.10.
submission of payrolls,statements of compliance and all
other Federal regulatory requirements. 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract
that the Secretary of Labor or authorized representative
b."Specialty Items"shall be construed to be limited to work thereof,shall have right of entry to any site of contract
that requires highly specialized knowledge,abilities,or performance to inspect or investigate the matter of compliance
equipment not ordinarily available in the type of contracting with the construction safety and health standards and to carry
organizations qualified and expected to bid or propose on the out the duties of the Secretary under Section 107 of the
contract as a whole and in general are to be limited to minor Contract Work Hours and Safety Standards Act(40 U.S.C.
components of the overall contract. 23 CFR 635.102. 3704).
2.Pursuant to 23 CFR 635.116(a),the contract amount upon
which the requirements set forth in paragraph(1)of Section VI VIII. FALSE STATEMENTS CONCERNING HIGHWAY
is computed includes the cost of material and manufactured PROJECTS
products which are to be purchased or produced by the
contractor under the contract provisions. This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
3.Pursuant to 23 CFR 635.116(c),the contractor shall furnish
(a)a competent superintendent or supervisor who is employed In order to assure high quality and durable construction in
by the firm,has full authority to direct performance of the work conformity with approved plans and specifications and a high
in accordance with the contract requirements,and is in charge degree of reliability on statements and representations made
of all construction operations(regardless of who performs the by engineers,contractors,suppliers,and workers on Federal-
work)and(b)such other of its own organizational resources aid highway projects,it is essential that all persons concerned
(supervision,management,and engineering services)as the with the project perform their functions as carefully,thoroughly,
contracting officer determines is necessary to assure the and honestly as possible. Willful falsification,distortion,or
performance of the contract. misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
4.No portion of the contract shall be sublet,assigned or misunderstanding regarding the seriousness of these and
otherwise disposed of except with the written consent of the similar acts,Form FHWA-1022 shall be posted on each
contracting officer,or authorized representative,and such Federal-aid highway project(23 CFR Part 635)in one or more
consent when given shall not be construed to relieve the places where it is readily available to all persons concerned
contractor of any responsibility for the fulfillment of the with the project:
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions 18 U.S.C.1020 reads as follows:
and requirements of the prime contract.(based on long-
standing interpretation of 23 CFR 635.116). "Whoever,being an officer,agent,or employee of the United
States,or of any State or Territory,or whoever,whether a
5.The 30-percent self-performance requirement of paragraph person,association,firm,or corporation,knowingly makes any
(1)is not applicable to design-build contracts;however, false statement,false representation,or false report as to the
contracting agencies may establish their own self-performance character,quality,quantity,or cost of the material used or to
requirements. 23 CFR 635.116(d). be used,or the quantity or quality of the work performed or to
be performed,or the cost thereof in connection with the
submission of plans,maps,specifications,contracts,or costs
VII.SAFETY:ACCIDENT PREVENTION of construction on any highway or related project submitted for
approval to the Secretary of Transportation;or
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts. Whoever knowingly makes any false statement,false
representation,false report or false claim with respect to the
1. In the performance of this contract the contractor shall character,quality,quantity,or cost of any work performed or to
comply with all applicable Federal,State,and local laws be performed,or materials furnished or to be furnished,in
governing safety,health,and sanitation(23 CFR Part 635). connection with the construction of any highway or related
The contractor shall provide all safeguards,safety devices and project approved by the Secretary of Transportation;or
protective equipment and take any other needed actions as it
determines,or as the contracting officer may determine,to be Whoever knowingly makes any false statement or false
reasonably necessary to protect the life and health of representation as to material fact in any statement,certificate,
employees on the job and the safety of the public and to or report submitted pursuant to provisions of the Federal-aid
protect property in connection with the performance of the Roads Act approved July 11, 1916,(39 Stat.355),as
work covered by the contract. 23 CFR 635.108. amended and supplemented;
2. It is a condition of this contract,and shall be made a Shall be fined under this title or imprisoned not more than 5
condition of each subcontract,which the contractor enters into years or both."
pursuant to this contract,that the contractor and any
subcontractor shall not permit any employee,in performance
of the contract,to work in surroundings or under conditions
which are unsanitary,hazardous or dangerous to his/her
health or safety,as determined under construction safety and
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10 Page 20 of 28
16C1
IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT(42 U.S.C.7606;2 e.The terms"covered transaction,""debarred,"
CFR 200.88;EO 11738) "suspended,""ineligible,""participant,""person,""principal,"
and"voluntarily excluded,"as used in this clause,are defined
This provision is applicable to all Federal-aid construction in 2 CFR Parts 180,Subpart I, 180.900-180.1020,and 1200.
contracts in excess of$150,000 and to all related "First Tier Covered Transactions"refers to any covered
subcontracts. 48 CFR 2.101;2 CFR 200.327. transaction between a recipient or subrecipient of Federal
funds and a participant(such as the prime or general contract).
By submission of this bid/proposal or the execution of this "Lower Tier Covered Transactions"refers to any covered
contract or subcontract,as appropriate,the bidder,proposer, transaction under a First Tier Covered Transaction(such as
Federal-aid construction contractor,subcontractor,supplier,or subcontracts). "First Tier Participant"refers to the participant
vendor agrees to comply with all applicable standards,orders who has entered into a covered transaction with a recipient or
or regulations issued pursuant to the Clean Air Act(42 U.S.C. subrecipient of Federal funds(such as the prime or general
7401-7671q)and the Federal Water Pollution Control Act,as contractor). "Lower Tier Participant"refers any participant who
amended(33 U.S.C. 1251-1387).Violations must be reported has entered into a covered transaction with a First Tier
to the Federal Highway Administration and the Regional Office Participant or other Lower Tier Participants(such as
of the Environmental Protection Agency. 2 CFR Part 200, subcontractors and suppliers).
Appendix II.
f.The prospective first tier participant agrees by submitting
The contractor agrees to include or cause to be included the , this proposal that,should the proposed covered transaction be
requirements of this Section in every subcontract.and further entered into,it shall not knowingly enter into any lower tier
agrees to take such action as the contracting agency may covered transaction with a person who is debarred,
direct as a means of enforcing such requirements. 2 CFR suspended,declared ineligible,or voluntarily excluded from
200.327. participation in this covered transaction,unless authorized by
the department or agency entering into this transaction. 2
CFR 180.330.
X.CERTIFICATION REGARDING DEBARMENT,
SUSPENSION,INELIGIBILITY AND VOLUNTARY g.The prospective first tier participant further agrees by
EXCLUSION submitting this proposal that it will include the clause titled
"Certification Regarding Debarment,Suspension,Ineligibility
This provision is applicable to all Federal-aid construction and Voluntary Exclusion-Lower Tier Covered Transactions,"
contracts,design-build contracts,subcontracts,lower-tier provided by the department or contracting agency,entering
subcontracts,purchase orders,lease agreements,consultant into this covered transaction,without modification,in all lower
contracts or any other covered transaction requiring FHWA tier covered transactions and in all solicitations for lower tier
approval or that is estimated to cost$25,000 or more— as covered transactions exceeding the$25,000 threshold. 2 CFR
defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 180.220 and 180.300.
1200.220.
h.A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
1.Instructions for Certification—First Tier Participants: transaction that is not debarred,suspended,ineligible,or
voluntarily excluded from the covered transaction,unless it
a.By signing and submitting this proposal,the prospective knows that the certification is erroneous. 2 CFR 180.300;
first tier participant is providing the certification set out below. 180.320,and 180.325. A participant is responsible for
ensuring that its principals are not suspended,debarred,or
b.The inability of a person to provide the certification set out otherwise ineligible to participate in covered transactions. 2
below will not necessarily result in denial of participation in this CFR 180.335. To verify the eligibility of its principals,as well
covered transaction.The prospective first tier participant shall as the eligibility of any lower tier prospective participants,each
submit an explanation of why it cannot provide the certification participant may,but is not required to,check the System for
set out below.The certification or explanation will be Award Management website(https://www.sam.gov/). 2 CFR
considered in connection with the department or agency's 180.300, 180.320,and 180.325.
determination whether to enter into this transaction.However,
failure of the prospective first tier participant to furnish a i. Nothing contained in the foregoing shall be construed to
certification or an explanation shall disqualify such a person require the establishment of a system of records in order to
from participation in this transaction. 2 CFR 180.320. render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
c.The certification in this clause is a material representation is not required to exceed that which is normally possessed by
of fact upon which reliance was placed when the contracting a prudent person in the ordinary course of business dealings.
agency determined to enter into this transaction.If it is later
determined that the prospective participant knowingly rendered j.Except for transactions authorized under paragraph(f)of
an erroneous certification,in addition to other remedies these instructions,if a participant in a covered transaction
available to the Federal Government,the contracting agency knowingly enters into a lower tier covered transaction with a
may terminate this transaction for cause of default. 2 CFR person who is suspended,debarred,ineligible,or voluntarily
180.325. excluded from participation in this transaction,in addition to
other remedies available to the Federal Government,the
d.The prospective first tier participant shall provide department or agency may terminate this transaction for cause
immediate written notice to the contracting agency to whom or default. 2 CFR 180.325.
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when '"'"
submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
Page 21 of 28 CA0
11
16C1
2. Certification Regarding Debarment,Suspension, this transaction originated may pursue available remedies,
Ineligibility and Voluntary Exclusion—First Tier including suspension and/or debarment.
Participants:
c.The prospective lower tier participant shall provide
a. The prospective first tier participant certifies to the best of immediate written notice to the person to which this proposal is
its knowledge and belief,that it and its principals: submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
(1) Are not presently debarred,suspended,proposed for changed circumstances. 2 CFR 180.365.
debarment,declared ineligible,or voluntarily excluded from
participating in covered transactions by any Federal d.The terms"covered transaction,""debarred,"
department or agency,2 CFR 180.335;. "suspended,""ineligible,""participant,""person,""principal,"
and"voluntarily excluded,"as used in this clause,are defined
(2) Have not within a three-year period preceding this in 2 CFR Parts 180,Subpart I, 180.900—180.1020,and 1200.
proposal been convicted of or had a civil judgment rendered You may contact the person to which this proposal is
against them for commission of fraud or a criminal offense in submitted for assistance in obtaining a copy of those
connection with obtaining,attempting to obtain,or performing regulations. "First Tier Covered Transactions"refers to any
a public(Federal,State,or local)transaction or contract under covered transaction between a recipient or subrecipient of
a public transaction;violation of Federal or State antitrust Federal funds and a participant(such as the prime or general
statutes or commission of embezzlement,theft,forgery, contract). "Lower Tier Covered Transactions"refers to any
bribery,falsification or destruction of records,making false covered transaction under a First Tier Covered Transaction
statements,or receiving stolen property,2 CFR 180.800; (such as subcontracts). "First Tier Participant"refers to the
participant who has entered into a covered transaction with a
(3) Are not presently indicted for or otherwise criminally or recipient or subrecipient of Federal funds(such as the prime or
civilly charged by a governmental entity(Federal,State or general contractor). "Lower Tier Participant"refers any
local)with commission of any of the offenses enumerated in participant who has entered into a covered transaction with a
paragraph(a)(2)of this certification,2 CFR 180.700 and First Tier Participant or other Lower Tier Participants(such as
180.800;and subcontractors and suppliers).
(4) Have not within a three-year period preceding this e.The prospective lower tier participant agrees by
application/proposal had one or more public transactions submitting this proposal that,should the proposed covered
(Federal,State or local)terminated for cause or default. 2 transaction be entered into, it shall not knowingly enter into
CFR 180.335(d). any lower tier covered transaction with a person who is
debarred,suspended,declared ineligible,or voluntarily
(5)Are not a corporation that has been convicted of a felony excluded from participation in this covered transaction,unless
violation under any Federal law within the two-year period authorized by the department or agency with which this
preceding this proposal(USDOT Order 4200.6 implementing transaction originated. 2 CFR 1200.220 and 1200.332.
appropriations act requirements);and
f.The prospective lower tier participant further agrees by
(6)Are not a corporation with any unpaid Federal tax liability submitting this proposal that it will include this clause titled
that has been assessed,for which all judicial and "Certification Regarding Debarment,Suspension, Ineligibility
administrative remedies have been exhausted,or have lapsed, and Voluntary Exclusion-Lower Tier Covered Transaction,"
and that is not being paid in a timely manner pursuant to an without modification,in all lower tier covered transactions and
agreement with the authority responsible for collecting the tax in all solicitations for lower tier covered transactions exceeding
liability(USDOT Order 4200.6 implementing appropriations act the$25,000 threshold. 2 CFR 180.220 and 1200.220.
requirements).
g.A participant in a covered transaction may rely upon a
b. Where the prospective participant is unable to certify to certification of a prospective participant in a lower tier covered
any of the statements in this certification,such prospective transaction that is not debarred,suspended,ineligible,or
participant should attach an explanation to this proposal. 2 voluntarily excluded from the covered transaction,unless it
CFR 180.335 and 180.340. knows that the certification is erroneous.A participant is
responsible for ensuring that its principals are not suspended,
*' debarred,or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals,as well as
3.Instructions for Certification-Lower Tier Participants: the eligibility of any lower tier prospective participants,each
participant may,but is not required to,check the System for
(Applicable to all subcontracts,purchase orders,and other Award Management website(https://www.sam.gov/),which is
lower tier transactions requiring prior FHWA approval or compiled by the General Services Administration. 2 CFR
estimated to cost$25,000 or more-2 CFR Parts 180 and 180.300, 180.320, 180.330,and 180.335.
1200). 2 CFR 180.220 and 1200.220.
h.Nothing contained in the foregoing shall be construed to
a.By signing and submitting this proposal,the prospective require establishment of a system of records in order to render
lower tier participant is providing the certification set out below. in good faith the certification required by this clause.The
knowledge and information of participant is not required to
b.The certification in this clause is a material representation exceed that which is normally possessed by a prudent person
of fact upon which reliance was placed when this transaction in the ordinary course of business dealings.
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous i.Except for transactions authorized under paragraph e of
certification,in addition to other remedies available to the these instructions,if a participant in a covered transaction
Federal Government,the department,or agency with which knowingly enters into a lower tier covered transaction with a
person who is suspended,debarred,ineligible,or voluntarily
Page 22 of 28 CAO
12
I1
excluded from participation in this transaction,in addition to cooperative agreement,the undersigned shall complete and
other remedies available to the Federal Government,the submit Standard Form-LLL,"Disclosure Form to Report
department or agency with which this transaction originated Lobbying,"in accordance with its instructions.
may pursue available remedies,including suspension and/or
debarment. 2 CFR 180.325. 2.This certification is a material representation of fact upon
" which reliance was placed when this transaction was made or
"`"' entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
4. Certification Regarding Debarment,Suspension, U.S.C. 1352. Any person who fails to file the required
Ineligibility and Voluntary Exclusion--Lower Tier certification shall be subject to a civil penalty of not less than
Participants: $10,000 and not more than$100,000 for each such failure.
a.The prospective lower tier participant certifies,by 3.The prospective participant also agrees by submitting its
submission of this proposal,that neither it nor its principals: bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
(1)is presently debarred,suspended,proposed for subcontracts,which exceed$100,000 and that all such
debarment,declared ineligible,or voluntarily excluded from recipients shall certify and disclose accordingly.
participating in covered transactions by any Federal
department or agency,2 CFR 180.355;
XII. USE OF UNITED STATES-FLAG VESSELS:
(2)is a corporation that has been convicted of a felony
violation under any Federal law within the two-year period This provision is applicable to all Federal-aid construction
preceding this proposal(USDOT Order 4200.6 implementing contracts,design-build contracts,subcontracts,lower-tier
appropriations act requirements);and subcontracts,purchase orders,lease agreements,or any other
covered transaction. 46 CFR Part 381.
(3)is a corporation with any unpaid Federal tax liability that
has been assessed,for which all judicial and administrative This requirement applies to material or equipment that is
remedies have been exhausted,or have lapsed,and that is acquired for a specific Federal-aid highway project. 46 CFR
not being paid in a timely manner pursuant to an agreement 381.7. It is not applicable to goods or materials that come into
with the authority responsible for collecting the tax liability. inventories independent of an FHWA funded-contract.
(USDOT Order 4200.6 implementing appropriations act
requirements) When oceanic shipments(or shipments across the Great
Lakes)are necessary for materials or equipment acquired for a
b.Where the prospective lower tier participant is unable to specific Federal-aid construction project,the bidder,proposer,
certify to any of the statements in this certification,such contractor,subcontractor,or vendor agrees:
prospective participant should attach an explanation to this
proposal. 1.To utilize privately owned United States-flag commercial
vessels to ship at least 50 percent of the gross tonnage
"``" (computed separately for dry bulk carriers,dry cargo liners,
and tankers)involved,whenever shipping any equipment,
material,or commodities pursuant to this contract,to the
Xl.CERTIFICATION REGARDING USE OF CONTRACT extent such vessels are available at fair and reasonable rates
FUNDS FOR LOBBYING for United States-flag commercial vessels. 46 CFR 381.7.
This provision is applicable to all Federal-aid construction 2.To furnish within 20 days following the date of loading for
contracts and to all related subcontracts which exceed shipments originating within the United States or within 30
$100,000. 49 CFR Part 20,App.A. working days following the date of loading for shipments
originating outside the United States,a legible copy of a rated,
1.The prospective participant certifies,by signing and 'on-board'commercial ocean bill-of-lading in English for each
submitting this bid or proposal,to the best of his or her shipment of cargo described in paragraph(b)(1)of this section
knowledge and belief,that: to both the Contracting Officer(through the prime contractor in
the case of subcontractor bills-of-lading)and to the Office of
a.No Federal appropriated funds have been paid or will be Cargo and Commercial Sealift(MAR-620),Maritime
paid,by or on behalf of the undersigned,to any person for Administration,Washington,DC 20590.(MARAD requires
influencing or attempting to influence an officer or employee of copies of the ocean carrier's(master)bills of lading,certified
any Federal agency,a Member of Congress,an officer or onboard,dated,with rates and charges.These bills of lading
employee of Congress,or an employee of a Member of may contain business sensitive information and therefore may
Congress in connection with the awarding of any Federal be submitted directly to MARAD by the Ocean Transportation
contract,the making of any Federal grant,the making of any Intermediary on behalf of the contractor). 46 CFR 381.7.
Federal loan,the entering into of any cooperative agreement,
and the extension,continuation,renewal,amendment,or
modification of any Federal contract,grant,loan,or
cooperative agreement.
b.If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency,a Member of Congress,an officer or employee of
Congress,or an employee of a Member of Congress in
connection with this Federal contract,grant,loan,or
13 Page 23 of 28 CAO
16C1
ATTACHMENT A-EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS(23 CFR 633,Subpart B,Appendix B)
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1.During the performance of this contract,the contractor
undertaking to do work which is,or reasonably may be,done
as on-site work,shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated,or the subregion,or the
Appalachian counties of the State wherein the contract work is
situated,except:
a.To the extent that qualified persons regularly residing in
the area are not available.
b.For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c.For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract,provided that the number of nonresident
persons employed under this subparagraph(1c)shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work,except as provided in
subparagraph(4)below.
2.The contractor shall place a job order with the State
Employment Service indicating(a)the classifications of the
laborers,mechanics and other employees required to perform
the contract work,(b)the number of employees required in
each classification,(c)the date on which the participant
estimates such employees will be required,and(d)any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work,the
information submitted by the contractor in the original job order
is substantially modified,the participant shall promptly notify
the State Employment Service.
3.The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who,in his opinion,are not qualified to
perform the classification of work required.
4.If,within one week following the placing of a job order by
the contractor with the State Employment Service,the State
Employment Service is unable to refer any qualified job
applicants to the contractor,or less than the number
requested,the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate,the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate,notwithstanding the provisions of subparagraph(1c)
above.
5. The provisions of 23 CFR 633.207(e)allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6.The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is,or reasonably may be,done as on-site work.
14 Page 24 of 28
CAO
1 6 C 1
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Compliance with Federal Law, Regulations,And Executive Orders
and Acknowledgement of Federal Funding
Certification
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the
contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA
policies, procedures, and directives.
If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed
subcontract must be available to the County for review and approval. The Contractor agrees to include in
the subcontract that(1)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is
bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the
County and the Grantor Agency harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The
County may document in the quarterly report the Contractor's progress in performing its work under this
agreement.
On behalf of my firm, I acknowledge, the grant requirements identified in this document.
Vendor/Contractor Name Phillips Environmental LLC.
Date August 13, 2025
Authorized Signature 1 )
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Page 25 of 28
16C1
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract
under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local)with commission of any of the offenses enumerated in paragraph (I)(b)of this
certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Bryan Mclsaac M5PMZ7EW9955
Name SAM.gov Unique Entity ID (UEI) Number
Chief Financial Officer
Title CAGE Number
Phillips Environmental, LLC.
Firm
10142 Parkside Drive, Suite 500 Knoxville, TN 37922
Street Address, City, State, Zip
.✓
Y
Signature
C'A0
Page 26 of 28
1 6 C 1
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT
. • -33.3 44.tr::zatal a•;^-• •
A. VENDOR/PRIME CONTRACTOR INFORMATION
o hAfA• LOVTAMT AA AMOSA1
Phillips Environmental, LLC
TAT PfCAT A f a, ^:f. T4 ft,' f•MiTA,7f- •••••,4*•' • (S) •••!,-., " •R. •
fASOMIN CA WOMf4 POSITtS fATTRPftfif
Offtf,Of PUMA•' Off KA`•ff A Walt OffAO•AVA• - 0
Vr74 AA CTOT sw),--eyh,ra00,4 rot SUA V • 0 COVSULTATiON? 0
A:moosTunc", ca A SD Off NCA„cv • Otr+404) 0
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A ^*„ 1 •• ••• c• •-
B. It PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPUTE THIS NEXT SECTION
OSA MBA,Alf SIJECONTRACTOPC SUTT'llf P TT PE Of INCATc TIPATCRT CON AMEN,'Of CON TAM!
VET SI•of IPA A AY( ¶PC1Atrvf Spe Self,*
WBE BKW, Inc. Hauling NMW TBD
SBE Optimum Services, Inc. Hauling 0 TBD
SBE Rio-Bak Corporation Hauling 0 TBD
SBE Specialized Services Hauling 0 TBD
WBE S&K Rome Hauling NMW TBD
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAM Of VAM177 Eff AL 7TU Osve ktrrl
Brian Smallwood 8/22/2025 Program Manager
Essuut ikoof tss of mf;SOATAITTER, 7•ELEP$ONE EltliknER FM SOMATA
disasterservices@phillipsinc.com (865) 688-8342 (865) 688-8369
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D.SECTION TO BE COMPLETED BY COLLIER COUNTY
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16C1
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
LOBBYING CERTIFICATION
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer
or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.G. Chap. 38,
Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Phillips Environmental, LLC.
Contractor(Firm tame) )
/"
Signature of Contractor's Authorized Official
Bryan Mclsaac, Chief Financial Officer
Name and Title of Contractor's Authorized Official
August 13, 2025
Date
Page 28 of 28 CPO