Issue Date: Thursday, June 12, 2008
Bid Due Date: June 30, 2008 @ 3:00 p.m. local time
REQUEST FOR PROPOSAL
FOR DEBRIS MANAGEMENT MONITORING SERVICES
RFP NO. PWWM080081-DH
Diane Holder, Senior Buyer
Phone: (352) 334-5021
Fax: (352) 334-3163
City of Gainesville
P.O. Box 490 MS #32 -- Gainesville, Florida 32602
200 East University Avenue, Room 339 – Gainesville, Florida 32601
TABLE OF CONTENTS
SECTION I – REQUEST FOR PROPOSAL OVERVIEW & PROPOSAL PROCEDURES 1
A. INTRODUCTION/BACKGROUND ................................................................................................. 1
B. RFP TIME TABLE ............................................................................................................................ 1
C. PROPOSAL SUBMISSION ............................................................................................................... 1
D. PRE-PROPOSAL CONFERENCE .................................................................................................... 2
E. CONTACT PERSON ......................................................................................................................... 2
F. ADDITIONAL INFORMATION/ADDENDA .................................................................................. 3
G. LATE PROPOSALS, LATE MODIFICATIONS AND LATE WITHDRAWALS ........................... 3
H. RFP POSTPONEMENT/CANCELLATION/WAIVER OF IRREGULARITIES ............................. 3
I. COSTS INCURRED BY PROPOSERS ............................................................................................. 3
J. ORAL PRESENTATION ................................................................................................................... 3
K. EXCEPTION TO THE RFP ............................................................................................................... 3
L. PROPRIETARY INFORMATION .................................................................................................... 4
M. QUALIFICATIONS OF PROPOSERS .............................................................................................. 4
N. NEGOTIATIONS ............................................................................................................................... 4
O. RIGHTS OF APPEAL ........................................................................................................................ 4
P. RULES; REGULATIONS; LICENSING REQUIREMENT ............................................................. 5
Q. REVIEW OF PROPOSALS ............................................................................................................... 5
R. LOCAL SMALL BUSINESS PARTICIPATION .............................................................................. 5
S. LIVING WAGE.................................................................................................................................. 5
T. LOCAL PREFERENCE ..................................................................................................................... 6
U. RECORDS/AUDIT ............................................................................................................................ 6
V. INVESTIGATION OF ALLEGED WRONGDOINGS, LITIGATION/SETTLEMENTS/FINES/PENALTIES
W. ART IN PUBLIC PLACES................................................................................................................ 7
SECTION II – SCOPE OF SERVICES .............................................................................. 8
A. INTENT .............................................................................................................................................. 8
B. MINIMUM REQUIREMENTS ......................................................................................................... 8
SECTION III – PROPOSAL FORMAT ............................................................................. 9
A. FORMAT AND CONTENTS OF PROPOSAL ................................................................................. 9
B. QUALIFICATIONS/STATEMENT OF QUALIFICATIONS .......................................................... 9
SECTION IV – EVALUATION CRITERIA AND PROCEDURES ............................... 10
A. EVALUATION CRITERIA ............................................................................................................. 10
B. SELECTION PROCESS .................................................................................................................. 11
SECTION V – GENERAL PROVISIONS ....................................................................... 12
A. CONTRACT AWARD .................................................................................................................... 12
B. GENERAL TERMS AND CONDITIONS ....................................................................................... 12
SECTION VI – TECHNICAL SPECIFICATIONS.......................................................... 14
A. SCOPE .............................................................................................................................................. 14
B. BACKGROUND .............................................................................................................................. 23
SECTION VII – PRICE PROPOSAL............................................................................... 24
EXHIBITS/FORMS .......................................................................................................... 25
DRUG-FREE WORKPLACE FORM ................................................................................................... 26
DEBARRED AND SUSPENDED BIDDERS:....................................................................................... 27
ARTICLE X. LOCAL PREFERENCE POLICY* .................................................................................. 31
CERTIFICATION OF COMPLIANCE WITH LIVING WAGE ......................................................... 33
LIVING WAGE DECISION TREE ...................................................................................................... 34
LIVING WAGE COMPLIANCE .......................................................................................................... 35
FHWA REQUIREMENTS.................................................................................................................... 36
PREVAILING MINIMUM WAGE (DAVIS-BACON) 51
BUY AMERICA 56
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM 57
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AMERICANS WITH DISABILITY ACT (ADA) 60
PROHIBITION AGAINST CONVICT PRODUCED MATERIALS 61
PURCHASING DIVISION SURVEY 62
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CITY OF GAINESVILLE
REQUEST FOR PROPOSALS FOR
DEBRIS MANAGEMENT MONITORING SERVICES
SECTION I – REQUEST FOR PROPOSAL OVERVIEW & PROPOSAL PROCEDURES
RFP#:PWWM080081-DH June 30, 2008
The City of Gainesville (hereafter "City") is requesting proposals from qualified providers of disaster management,
recovery, and consulting services to support the oversight of debris removal contractors. The consultant shall be
capable of supervising, monitoring and documenting, in accordance with FEMA guidelines, the collection,
temporary staging and final disposal of debris generated by any type of disaster. Other services that may be required
will include damage assessment, training, emergency planning, infrastructure restoration and the ability to
communicate with local, state or federal agencies to maximize any funding or reimbursement services.
B. RFP TIME TABLE
The anticipated schedule for the RFP and contract approval is as follows:
RFP available for distribution June 12, 2008
[Mandatory]Pre-Proposal Conference N/A
Deadline for receipt of questions June 23, 2008
Deadline for receipt of proposals June 30, 2008
(3:00 p.m. local time)
Evaluation/Selection process Week of July 14, 2008
Oral presentations, if conducted Week of July 28, 2008
Projected award date August 25, 2008
Projected contract start date September 1, 2008
C. PROPOSAL SUBMISSION
One original and 3 copies (a total of 4) of the complete proposal must be received by June 30, 2008at 3:00 p.m. local
time at which time all proposals will be publicly opened.
The original, all copies, and the separate sealed price envelope, if required, must be submitted in a sealed envelope
or container stating on the outside the proposer’s name, address, telephone number, RFP title, number and due date
and delivered to:
City of Gainesville
General Government Purchasing
200 East University Avenue, Room 339
Gainesville, Florida 32601
Hand-carried and express mail proposals may be delivered to the above address ONLY between the hours of 8:00
a.m. and 5:00 p.m., local time, Monday through Friday, excluding holidays observed by the City.
Proposals may be mailed to:
City of Gainesville
General Government Purchasing, Mail Station 32
P.O. Box 490
Gainesville, Florida 32602
Proposers are responsible for informing any commercial delivery service, if used, of all delivery requirements and
for ensuring that the required address information appears on the outer wrapper or envelope used by such service.
Any proposal received after 3:00 p.m. (local time), June 30, 2008 will not be considered and will be returned
Both the Technical Proposal and the Price Proposal, if required to be submitted in a separate envelope, must be
signed by an officer of the company who is legally authorized to enter into a contractual relationship in the name of
the proposer, and proposer(s) must affix their company’s corporate seal to both Proposals. In the absence of a
corporate seal, the Proposals must be notarized by a Notary Public.
The submittal of a proposal by a proposer will be considered by the City as constituting an offer by the Proposer to
perform the required services at the stated fees.
D. PRE-PROPOSAL CONFERENCE
[X] N/A – No pre-proposal conference is scheduled
A [mandatory] pre-proposal conference has been scheduled for (day) (time) on (date) at (location). At that time,
prospective proposers or their representatives may discuss any questions pertaining to the project. [Failure to attend
this mandatory pre-proposal conference will disqualify proposers.]
E. CONTACT PERSON
The contact person for this RFP is Diane Holder at (352) 334-5021 in Purchasing. Explanation(s) desired by
proposer(s) regarding the meaning or interpretation of this RFP must be requested from the contact person, in
writing, as is further described below.
To ensure fair consideration and consistent and accurate dissemination of information for all proposers, the City
prohibits communication to or with any department, employee, or agent evaluating or considering the proposals
during the submission process, except as authorized by the contact person.
During the blackout period as defined herein, except as pursuant to an authorized appeal, no person may lobby, as
defined herein, on behalf of a competing party in a particular procurement process, City officials or employees
except the purchasing designated staff contact in the purchasing division. Violation of this provision shall result in
disqualification of the party on whose behalf the lobbying occurred.
The blackout period means the period between the time the submittals for invitation for bid or the request for
proposal, or qualifications, or information, or the invitation to negotiate, as applicable, are received by the City of
Gainesville purchasing division and the time City officials and employees award the contract. Lobbying means
when any natural person, for compensation, seeks to influence the governmental decision-making, to encourage
the passage, defeat or modification of any proposal, recommendation or decision by City officials and employees,
except as authorized by procurement documents.
F. ADDITIONAL INFORMATION/ADDENDA
Requests for additional information or clarifications must be made in writing no later than the date specified in the
RFP Timetable. The request must contain the proposer’s name, address, phone number, and facsimile number.
Electronic facsimile will be accepted at (352) 334-3163.
Facsimiles must have a cover sheet which includes, at a minimum, the proposer’s name, address, number of pages
transmitted, phone number, and facsimile number.
The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written
addenda issued prior to the Proposal Due Date. Proposers should not rely on any representations, statements or
explanations other than those made in this RFP or in any addendum to this RFP. Where there appears to be a
conflict between the RFP and any addenda issued, the last addendum issued will prevail.
It is the proposer's responsibility to be sure all addenda were received. The proposer should verify with the
designated contact persons prior to submitting a proposal that all addenda have been received. Proposers are
required to acknowledge the number of addenda received as part of their proposals.
G. LATE PROPOSALS, LATE MODIFICATIONS AND LATE WITHDRAWALS
Proposals received after the Proposal Due Date and time are late and will not be considered. Modifications received
after the Proposal Due Date are also late and will not be considered. Letters of withdrawal received after the
Proposal Due Date or after contract award, whichever is applicable, are late and will not be considered.
H. RFP POSTPONEMENT/CANCELLATION/WAIVER OF IRREGULARITIES
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; re-advertise
this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP or in the
proposals received as a result of this RFP.
I. COSTS INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of proposals to the City, or any work performed in
connection therewith shall be borne by the proposer(s). No payment will be made for any responses received, nor
for any other effort required of or made by the proposer(s) prior to commencement of work as defined by a contract
approved by the City Commission.
J. ORAL PRESENTATION
The City may require proposers to give oral presentations in support of their proposals or to exhibit or otherwise
demonstrate the information contained therein.
K. EXCEPTION TO THE RFP
Proposers may take exceptions to any of the terms of this RFP unless the RFP specifically states where exceptions
may not be taken. Should a proposer take exception where none is permitted, the proposal will be rejected as non-
responsive. All exceptions taken must be specific, and the Proposer must indicate clearly what alternative is being
offered to allow the City a meaningful opportunity to evaluate and rank proposals.
Where exceptions are permitted, the City shall determine the acceptability of the proposed exceptions and the
proposals will be evaluated based on the proposals as submitted. The City, after completing evaluations, may accept
or reject the exceptions. Where exceptions are rejected, the City may request that the Proposer furnish the services
or goods described herein, or negotiate an acceptable alternative.
L. PROPRIETARY INFORMATION
Responses to this Request for Proposals, upon receipt by the City, become public records subject to the provisions of
Chapter 119 F.S., Florida’s Public Records Law. If you believe that any portion of your response is exempt, you
should clearly identify the specific documents for which confidentiality is claimed, and provide specific legal
authority of the asserted exemption. It is also strongly recommended that those specific materials that you assert
qualify for exemption from Chapter 119 be submitted in a separate envelope and clearly identified as “TRADE
SECRETS EXCEPTION,” with your firm’s name and the proposal number marked on the outside. Please also note
that details of proposals, including alleged trade secrets, with the exception of a company’s financial statements, may
be disclosed at a public meeting.
In the event the City determines that any materials claimed to be exempt as trade secrets do not qualify as such, the
proposer will be contacted and will have the opportunity to rescind their proposal or waive their claim to
confidentiality. Please be aware that the designation of an item as a trade secret by you, and the refusal to disclose
any materials submitted to the City, may be challenged in court by any person. By your designation of material in
your proposal as a “trade secret” you agree to hold harmless the City for any award to a plaintiff for damages, costs
or attorneys’ fees and for costs and attorneys’ fees incurred by the City by reason of any legal action challenging
your claim, and the City’s refusal to disclose.
M. QUALIFICATIONS OF PROPOSERS
As a part of the Proposal evaluation process, City may conduct a background investigation of proposer, including a
record check by the Gainesville Police Department. Proposer’s submission of a Proposal constitutes
acknowledgment of the process and consent to such investigation.
No proposal shall be accepted from, nor will any contract be awarded to, any proposer who is in arrears to City upon
any debt, fee, tax or contract, or who is a defaulter, as surety or otherwise, upon any obligation to City, or who is
otherwise determined to be irresponsible or unreliable by City.
If Proposer is determined to be irresponsible or unreliable, City will notify Proposer of its finding, including
evidence used, and allow proposer an informal hearing and the opportunity to come into compliance within three
business days of notification.
The City may award a contract on the basis of initial offers received, without discussions. Therefore, each initial
offer should contain the proposer’s best terms from a cost or price and technical standpoint.
The City reserves the right to enter into contract negotiations with the selected proposer. If the City and the selected
proposer cannot negotiate a successful contract, the City may terminate said negotiations and begin negotiations with
the next selected proposer. This process will continue until a contract has been executed or all proposers have been
rejected. No proposer shall have any rights against the City arising from such negotiations.
O. RIGHTS OF APPEAL
Participants in this RFP solicitation may protest RFP specifications or award in accordance with Section 41-580 of
the City of Gainesville’s Financial Procedures Manual.
P. RULES; REGULATIONS; LICENSING REQUIREMENT
The proposer shall comply with all laws, ordinances and regulations applicable to the services contemplated herein,
including those applicable to conflict of interest and collusion. Proposers are presumed to be familiar with all
Federal, State and local laws, ordinances, codes and regulations that may in any way affect the services offered.
Q. REVIEW OF PROPOSALS
Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in
the RFP. A responsive proposal is one which follows the requirements of the RFP, includes all required
documentation, is submitted in the format outlined in the RFP, is of timely submission, and has the appropriate
signatures as required on each document. Failure to comply with these requirements may deem your proposal non-
R. LOCAL SMALL BUSINESS PARTICIPATION
[X] Does not apply to this project – See Exhibit E for DBE requirements
It is the policy of the City of Gainesville that qualified local small business (SBEs) as defined in the City of Gainesville’s
Local Small Business Procurement Program (the “Program”) shall have the maximum practical opportunity to
participate in the competitive process of supplying commodities and services to the City. Notification is hereby given
that local small businesses are strongly encouraged to submit a bid in response to any procurement opportunity let by the
City of Gainesville. Prime contractors are strongly encouraged to utilize qualified local small business subcontractors
and material suppliers.
Any individual or entity that engages in fraud, misrepresentation, or other wrongful conduct, whether by act or omission,
related to its participation in or eligibility to participate in the Program or in the performance of its SBE obligations
under a City contract, shall be in violation of the Program. This determination shall be solely at the discretion of the
City. Violators of the Program may be subject to, on an individual and/or entity basis, the debarment or suspension from
participating in the City’s contracts in accordance with the City of Gainesville’s Debarment and Suspension Policy.
S. LIVING WAGE
[X] Does not apply to this project. (Federal funding– US Department of Transportation Federal Highway
[ ] This contract is a covered service. (See Living Wage Decision Tree - Exhibit C attached hereto)
[ ] This contract is not a covered service.
The Living Wage ordinance, Ordinance 020663, as amended at Ordinance 030168, and as shown on the
City’s web page, applies to certain contracts for specific “Covered Services,” which the City has determined
may include services purchased under this Contract, depending upon the cost/price of the contract awarded.
A copy of the ordinance, as amended, will be attached to and made a part of the executed contract.
Bidders/Proposers should consider the effect/cost of compliance, if any, with the requirements of the Living
Wage Ordinance if the services purchased are “Covered Services”, the prime contract amount exceeds the
threshold amount, the bidder/proposer meets the definition of Service Contractor/Subcontractor (and is not
otherwise excluded from the application of the ordinance) and the ordinance provisions, which are
incorporated herein, apply to any Covered Employees.
If applicable, the adjusted Living Wage for this contract will be $ per hour (Living Wage
with Health Benefits) or $ per hour if Health Benefits are not offered.
If applicable, a successful Service Contractor/Subcontractor shall be required to execute the certification,
attached as Exhibit LWC hereto, prior to the City executing the contract. Once executed, such certification
will become part of the contract; however, failure to sign such certification will prevent execution of the
contract, may result in forfeiture of any applicable bid or proposal bond, and could result in other adverse
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor shall comply with the provisions of the City of Gainesville’s living wage
requirements, as applicable. Failure to do so shall be deemed a breach of contract and shall authorize
the City to withhold payment of funds until the living wage requirements have been met.
(2) The Contractor will include the provision of (1) above in each subcontract for Covered Services with
a Service Contractor/Subcontractor, as defined herein, so that the provisions of (1) above will be
binding upon each such Service Contractor/Subcontractor. The Contractor will take such action with
respect to any such subcontract as may be directed by the contract administrator as a means of
enforcing such provisions; provided, however, the City shall not be deemed a necessary or
indispensable party in any litigation between the contractor and a subcontractor concerning
compliance with living wage requirements.
T. LOCAL PREFERENCE
[X] Does not apply to this project. (Federal funding– US Department of Transportation Federal Highway
In bidding of, or letting contracts for procurement of, supplies, materials, equipment and services, as described in
the purchasing policies, the city commission, or other purchasing authority, may give a preference to local
businesses in making such purchase or awarding such contract in an amount not to exceed five percent of the local
business' total bid price, and in any event the cost differential should not exceed $25,000.00. Total bid price shall
include not only the base bid price but also all alterations to that base bid price resulting from alternates which were
both part of the bid and actually purchased and awarded by the City Commission or other authority. In the case of
requests for proposals, letter of interest, best evaluated bids, qualifications or other solicitations and competitive
negotiation and selection in which objective factors are used to evaluate the responses. Local Businesses are
assigned five (5) percent of the total points of the total evaluation points. If Local Preference is requested by the
proposer, the attached Exhibit B must be submitted with the proposal.
Local business means the vendor has a valid business tax receipt, issued by the City of Gainesville at least six
months prior to bid or proposal opening date, to do business in said locality that authorizes the business to
provide the goods, services, or construction to be purchased, and a physical business address located within the
limits of said locality, in an area zoned for the conduct of such business, from which the vendor operates or
performs business on a day-to-day basis. Post office boxes are not verifiable and shall not be used for the
purpose of establishing said physical address. In order to be eligible for local preference, in the Bid or RFP
evaluation, the vendor must provide a copy of the business tax receipt and Zoning Compliance Permit. Exhibit
-A-(Attach Codified document)
Contractor shall maintain records sufficient to document their completion of the scope of services established by this
Contract. These records shall be subject at all reasonable time to review, inspect, copy and audit by persons duly
authorized by the City. These records shall be kept for a minimum of three (3) years after completion of the
Contract. Records which relate to any litigation, appeals or settlements of claims arising from performance under
this Order shall be made available until a final disposition has been made of such litigation, appeals, or claims.
V. INVESTIGATION OF ALLEGED WRONGDOINGS,
The City Commission specifically requests that responders to this document indicate in writing any investigations of
wrongdoings, litigation and/or settlements, and fines or penalties (anywhere in the U.S) involving the Contractor and
specific Contractors listed as projected to provide services to the City. You may be required to respond to questions
on this subject matter.
W. ART IN PUBLIC PLACES
In 1989, the City of Gainesville adopted an ordinance (Art in Public Places) requiring that, “each appropriation for
the original construction or major renovation of a local government building which provides public access shall
include an amount of at least one (1) percent of the total appropriation for the construction or major renovation of the
building to be used for the acquisition of art”. Compliance with the Art in Public Places ordinance is required for
this project and will require coordination between the Contractor, architect and an artist. A copy of the ordinance is
available upon request.
SECTION II – SCOPE OF SERVICES
It is the intent of the City of Gainesville to obtain proposals for disaster management, recovery, and
consulting services to support the oversight of debris removal contractors. The consultant shall be capable
of supervising, monitoring and documenting, in accordance with FEMA guidelines, the collection,
temporary staging and final disposal of debris generated by any type of disaster. Other services that may be
required will include damage assessment, training, emergency planning, infrastructure restoration and the
ability to communicate with local, state or federal agencies to maximize any funding or reimbursement
B. MINIMUM REQUIREMENTS
Proposals will be considered only from firms normally engaged in the services specified herein for a period
of at least three (3) years. Proposers must have adequate organization, facilities, equipment, and personnel
to ensure prompt and efficient service to the City of Gainesville. The City reserves the right, before
recommending any award, to inspect the facilities and organization, or to take any other action necessary to
determine ability to perform in accordance with the specifications, terms and conditions.
The City of Gainesville reserves the right to accept or reject any or all proposals, reserves the right to waive
any or all irregularities, and to award the contract to the responsible and responsive Proposer whose
proposal is determined by the City to be in its best interest.
SECTION III – PROPOSAL FORMAT
Instructions to proposers: Proposals must contain each of the below enumerated documents, each fully completed,
signed, and notarized as required. Proposals submitted which do not include the following items may be deemed
non-responsive and may not be considered for contract award.
A. FORMAT AND CONTENTS OF PROPOSAL
1. Table of Contents
The table of contents should outline in sequential order the major areas of the proposal, and all pages of the
proposal, including the enclosures, must be clearly and consecutively numbered and correspond to the table of
2. Technical Proposals
The technical proposal is a narrative which addresses the scope of work, the proposed approach to the work, the
schedule of the work, and any other information called for by the RFP which the proposer deems relevant.
3. Price Proposal
The price proposal is a presentation of the proposer’s total offering price including the estimated cost for
providing each component of the required goods or services.
Proposers should indicate the dollar amount which will be attributed to each sub-contractor, if any.
If a prescribed format for the price proposal is appended, proposers must use it; otherwise, proposers may use
formats of their choice.
The response to the minimum qualification requirements contained below is a list of the minimum qualification
requirements prescribed for the RFP. Proposers must provide documentation which demonstrates their ability to
satisfy all of the minimum qualification requirements. Proposers who do not meet the minimum qualification
requirements or who fail to provide supporting documentation will not be considered for award. If a prescribed
format, or required documentation for the response to minimum qualification requirements is stated below,
proposers must use said format and supply said documentation.
A copy of your Business tax receipt and Zoning Compliance Permit must be submitted with the proposal if a
local preference is requested.
B. QUALIFICATIONS/STATEMENT OF QUALIFICATIONS
Include a description of the experience, qualifications including any minimum qualifications, financial stability,
recent references of the proposer’s performance on contracts of similar scope and size required. A specific format
may be required of the proposers. Experience may be included as the number of years, level of technical knowledge,
educational degrees and certifications required. Financial stability may be determined by requesting the proposers
most recent financial statement, certified audit, balance sheet, or evidence of bonding capacity.
SECTION IV – EVALUATION CRITERIA AND PROCEDURES
A. EVALUATION CRITERIA
1.0 SELECTION AND EVALUATION CRITERIA
Proposals will be evaluated in accordance with the procedures described in the City's Professional
Services Evaluation Handbook. The proposals will be evaluated in four stages: Technical
Qualifications Evaluation, Written Proposal Evaluation and/or Presentation/Interview Evaluation,
and Other Factors as deemed appropriate. The City shall consider the ability of the firm's
professional personnel, willingness to meet time and budget requirements, workload, location, past
performance, volume of previous work with the City, and location. The Evaluation process
provides a structured means for consideration of all these areas.
1.1 Technical Qualifications Evaluation
The Technical Qualifications Evaluation will assess each responding firm's ability based on
experience and qualifications of key team members, the firm's capability of meeting time and
budget requirements, and the firm's record with regard to this type of work, particularly in the City
of Gainesville or in the State of Florida. This stage does not involve review and evaluation of a
proposal addressing the project scope of work. Consideration will be given to the firm's current
workload, financial stability, and the location where the majority of the technical work will be
produced. The City will not be impressed with excessive amounts of boilerplate, excessive
numbers of resumes, excessive length of resumes, excessive numbers of photographs, work that
distant offices have performed, or work not involving personnel to be assigned to the proposed
1.2 Written Proposal Evaluation
The Written Proposal Evaluation will assess the firm's understanding of the project and the
proposed approach to be undertaken as addressed in a written proposal. The evaluation process
will assess how effectively the requirements of the scope of services have been addressed. The
written proposal should identify a project manager and other key members of the project/service
team. It should relate the capabilities of the project/service team to the requirements of the scope
1.3 Presentation/Interview Evaluation
The Proposal Presentation/Interview Evaluation is based on an oral presentation that addresses
both the technical qualifications of the firm and the approach to the project. Importance is given to
the firm's understanding of the project scope of work, the placement of emphasis on various work
tasks, and the response to questions. The evaluation process will assess the project manager's
capability and understanding of the project and his/her ability to communicate ideas. The role of
key members of the project/service team should be established based on the scope of services and
the firm's approach to the project/service. The role of any subcontracted firm in the proposal
should be clearly identified. Unique experience and exceptional qualifications may be considered
with emphasis on understanding of the project/service, particularly "why it is to be done" as well as
"what is to be done." The City of Gainesville will not be impressed with excessive boilerplate,
excessive participation by "business development" personnel, and the use of "professional"
presenters who will not be involved in the project or future presentations.
1.4 Other factors
The Other Factors to be considered, based upon the specific project (but not limited to), are those
items, such as SBPP and/ or Local Preference. Fee proposals, when requested and deemed
appropriate, are also to be considered in the evaluation process, where the request for such fees is
in accordance with the City's Purchasing Policies and Procedures.
B. SELECTION PROCESS
The contractor(s) will be selected from the qualified vendors submitting responses to this Request for Proposals.
The selection process will be as follows:
1. Evaluators consisting of staff will review the written proposals. The evaluation process provides a
structured means for consideration of all proposals.
2. Upon review and evaluation, the City may request oral presentations from the top ranked vendors. During
the oral presentations, the vendors shall further detail their qualifications, approach to the project and ability
to furnish the required services. These presentations shall be made at no cost to the City.
3. Prior to final ranking of firms, the apparent top ranked vendor will be required to furnish proof to the City
that it complies with the specifications.
4. The final ranking of firms will be in accordance with the procedures described in the City's Professional
Services Evaluation Handbook. If required, the final ranking of firms will be presented to the City
Commission. The City Commission will be requested to approve the recommended ranking and authorize
negotiation and execution of the contract beginning with the top ranked vendor.
5. Provided that the City Commission approves the ranking and an award, the City will negotiate a contract
with the top ranked proposer for Debris Management Monitoring Services. Should the City be unable to
negotiate a satisfactory contract with the top ranked vendor, negotiations will be terminated with that
proposer and negotiations will be initiated with the second most qualified proposer, and so on until a
satisfactory contract is negotiated.
SECTION V – GENERAL PROVISIONS
A. CONTRACT AWARD
The award(s), if any, shall be made to the proposer(s) whose proposal(s) shall be deemed by the City to be in the
best interest of the City. The decision of the City of whether to make the award(s) and which proposal is in the best
interest of the City shall be final.
The Contract to be entered into with the successful proposer will designate the successful proposer as the City’s
Contractor and will include, but not be limited to, the following terms and conditions.
B. GENERAL TERMS AND CONDITIONS
Following are the General Terms and Conditions, supplemental to those stated elsewhere in the Request for
Proposals, to which the Vendor must comply to be consistent with the requirements for this Request for Proposals.
Any deviation from these or any other stated requirements should be listed as exceptions in a separate appendix of
1. Public Entity Crimes. Section 287.133 (2)(a), Florida Statutes, contains the following provisions: “A
person or affiliate who has been placed on the convicted vendor list following a conviction for public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity, in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.”
2. Tie Bids. Whenever two or more bids which are equal with respect to price, quality and service are
received, preference shall be given in the following order: (1) Bidders submitting the attached Drug-Free
Workplace form with their bid/proposal certifying they have a drug free workplace in accordance with
Section 287.087, Florida Statutes; (2) Bidders located within the City of Gainesville, if not subject to the
Local Preference Ordinance; (3) Bidders located within Alachua County; and (4) Bidders located within the
State of Florida. In the case where Federal funds are being utilzed, articles 2,3 and 4 will not apply.
3. Drugfree Workplace. Preference shall be given to submitters providing a certification with their
qualifications certifying they have a drug-free workplace whenever two or more bids which are equal with
respect to price, quality, and service are received in accordance with Section 287.087, Florida Statutes. The
attached form should be filled out and returned with the qualifications in order to qualify for this preference.
4. Indemnification. The Contractor shall agree to indemnify and save harmless the City, its officers, agents,
and employees, from and against any and all liability, claims, demands, fines, fees, expenses, penalties,
suits, proceedings, actions and costs of action, including attorney’s fees for trial and on appeal, of any kind
and nature arising or growing out of or in any way connected with the performance of the contract whether
by act or omission or negligence of the Contractor, its agents, servants, employees or others, or because of
or due to the mere existence of the Contract between the parties.
5. Insurance. Contracotr shall provide proof of insurance in an amount as noted below:
Worker’s Compensation Insurance providing coverage in comliance with Chapter 440, Florida Statutes.
Public Liability Insurance (other than automobile) consisting of broad form comprehensive general liability
insurance including contractual coverage $1,000,000 per occurrence (combined single limit for bodily
injury and property damage).
The City shall be an additional insured on such Public Liability Insurance and the Contractor shall provide
copies of endorsements naming the City as additional insured.
Automobile Liability Insurance
Property Damage $500,000 per occurrence (combined single limit for bodily injury and property damage).
The Contractor shall furnish the City a certificate of insurance in a form acceptable to the City for the
insurance required. Such certificate or an endorsement provided by the Contractor must state that the City
will be given thirty (30) days' written notice (except the City will accept ten (10) days written notice for
non-payment) prior to cancellation or material change in coverage.
6. Sovereign Immunity. Nothing in the executed contract shall be interpreted that the City waives its
sovereign immunity granted under Section 768.28, Florida Statutes.
7. Term. The term of the contract will commence upon final execution and will continue for four (4) years,
At the end of the contract period, upon satisfactory performance, the City, may at its option, negotiate and
extend the contract for four additional one year periods subject to funding in subsequent fiscal years .
8. Termination. The contract will provide termination by either party without cause upon 30 days prior
written notice to the other party. In the event of termination, the Contractor will be compensated for
services rendered up to and including the day of termination.
9. Applicable Law. The contract and the legal relations between the parties hereto shall be governed and
construed in accordance with the laws of the State of Florida. Venue in the courts of Alachua County,
10. Joint Bidding/Cooperative Purchasing Agreement: All bidders submitting a response to this invitation to
bid agree that such response also constitutes a bid to all State Agencies and Political Subdivisions of the
State of Florida under the same terms and conditions, for the same prices and the same effective period as
this bid, should the bidder deem it in the best interest of its business to do so. This agreement in no way
restricts or interferes with any State Agency or Political Subdivision of the State of Florida to rebid any or
SECTION VI – TECHNICAL SPECIFICATIONS
Proposals are being solicited for disaster management, recovery, and consulting services to support the oversight of
debris removal contractors. The consultant shall be capable of supervising, monitoring and documenting, in
accordance with FEMA guidelines, the collection, temporary staging and final disposal of debris generated by any
type of disaster. Other services that may be required will include damage assessment, training, emergency planning,
infrastructure restoration and the ability to communicate with local, state or federal agencies to maximize any
funding or reimbursement services.
Provide disaster monitoring services of all City debris.
Permitting of temporary debris storage reduction sites.
Scheduling work for all contractors on a daily basis.
Hiring, management and coordination of all field staff.
Record keeping of all debris quantities.
Provide updates for news media as required.
Certification of all contractor equipment.
Provide City with daily updates on progress.
Coordination with City staff to respond to all problems including complaints
from residents, business owners, etc.
Total quantity reconciliation with the City and/or FEMA, FHWA or any other
The City seeks to establish contractual arrangements with at least one (1) primary and up to three (3) additional
qualified firms, hereinafter referred as Proposer(s), to provide management services and technical assistance in
regard to the monitoring of disaster debris collection on an as-needed basis. The contractual period shall be for four
(4) years, with an option for four (4) one (1) year renewals. The City reserves the right to award more contracts if in
its best interest.
The City will assign a Debris Manager to the debris collection/management project and will establish and staff a
Debris Management Center. The Debris Management Center will provide a site for overall coordination of the
project with the Proposer(s) and local, State, and Federal agencies. Authorized local, State, and Federal agencies will
also provide staff to the Debris Management Center to assure a proper level of coordination. The Debris
Management Center will be the primary point of contact for the Proposer(s).
The response of the selected Proposer(s) to the disaster recovery process must be immediate, rapid, and efficient
with acceptable cost controls, accountability procedures, written reports and submittals to assure that the City shall
have the means to be reimbursed for all eligible disaster recovery costs from appropriate Federal, State, and
private agencies. Response will typically be activated only in the event of an emergency and in accordance with an
awarded contract. Response activation will be through a Purchase Order.
Within twenty-four (24) hours of the Purchase Order, the Proposer(s) shall provide an adequate number of
professionals and qualified personnel to monitor at least fifteen (15) debris loading sites and two (2) debris
management sites. The Proposer(s) shall also provide roving monitors as needed and dictated by demands of the
emergency event. The Proposer(s) shall be required to increase its staffing from this point depending upon the
severity of the debris generating event. At a minimum, the Proposer(s) shall be required to have the ability to provide
one additional monitor per day if required to meet the needs of the debris haulers.
The Proposer(s) shall be required to replace any debris monitor whose job performance is deemed unsatisfactory at
the discretion of the City.
Monitoring shall be done in compliance with FEMA, FHWA, OSHA, City and other funding agency guidelines.
The Proposer(s) shall employ and maintain on the work site(s) a qualified accessible project manager(s) or liaison
officer(s). At least one (1) accessible and designated project manager or liaison officer in the area of operation shall
have full authority to act on behalf of the Proposer(s) and its subcontractors and all communications given to the
project manager or liaison officer in writing by the City’s authorized representative shall be as binding as if given to
II. Monitoring Services
Monitoring services to be provided under the proposed contract shall include, but not be limited to the following:
(A) The Proposer(s) shall provide assistance in developing City’s Debris Management and Removal Plan
specific to the emergency event.
(B) The Proposer(s) shall provide training of selected City staff in essential debris management, monitoring,
and collection functions to insure appropriate interface with staff of Debris Collection Contractors and City,
State, and Federal agencies.
(C) The Proposer(s) shall provide field monitors at designated locations to ensure that only eligible debris is
being removed and to check and verify information on debris removal and at Temporary Debris Storage
Reduction Sites (TDSRS) located or developed throughout City or the region, if necessary, as approved by
(D) The Proposer(s) shall provide technical and permitting assistance associated with the need to locate
additional TDSRS when requested by the City.
(E) The Proposer(s) shall provide assistance with hiring, scheduling, dispatching, and logistical operations of
the field monitors assigned to work areas of storm debris collection. This assistance will include, but not be
Recruiting, hiring, training, deploying, and supervising properly equipped monitors;
Establishing daily schedules for monitors;
Monitoring and recording the volumetric measurement (cubic yards or gross empty weight) of each
truck that is added into service;
Maintaining records of contract hauler’s trucks, to include cubic yardage or loaded weight, time in
and time out, number of loads per day, and other data as requested by designated City staff or as
required by State, Federal, or other involved agencies;
Determining truck assignments and providing the necessary vehicle decals or placards for ease of
identification and tracking;
Coordinating with City personnel to respond to problems in the field to include residential and
commercial property damage claims in the process of debris removal;
Establishing a telephone claim reporting system with a local or toll free number and provide staff
for the professional management of receiving complaints, inquiries, and/or damage claims;
Investigating and documenting damage or other claims;
Surveying the affected areas for special situations or emergency needs to include, but not be
limited to, identifying tree stumps and the management of root balls and associated cavities,
hazardous trees (including leaners and hangers), construction and demolition debris, or other
potentially hazardous situations;
Maintaining a list of potentially hazardous locations and situations, coordinating and tracking the
appropriate dispatch of staff and equipment to remediate the hazard, and making frequent reports
to the City regarding the hazard, remedial action, and post-event status;
Recording on a map the streets where debris has been collected;
Performing other duties as directed by designated City personnel.
(F) The Proposer(s) shall collect baseline environmental data according to local, State, and Federal agency
requirements from the designated emergency debris management sites prior to the opening of these sites.
(G) The Proposer(s) shall conduct ongoing environmental data collection per local, State, and Federal
requirements for the designated emergency debris management sites.
(I) The Proposer(s) shall provide technical, clerical, and information technology consultation assistance to the
City in completing any and all forms necessary for reimbursement of fees and costs from local, State, or
Federal agencies, including the Federal Emergency Management Agency of the Department of Homeland
Security, the State of Florida, the Federal Highway Administration, the Department of Housing and Urban
Development, or private insurance carriers relating to eligible costs arising out of the disaster recovery
effort. This may include, but is not limited to, the timely and accurate completion and submittal of
reimbursement requests; preparation and submittal of any and all necessary cost documentation and
substantiations; preparing replies to any and all agency requests, inquiries, or potential denials; and
preparing potential decision appeals.
(J) The Proposer(s) shall review and validate Debris Removal Contractor(s) invoices prior to submission to the
City for processing.
(K) The Proposer(s) shall assist City staff in conducting an annual tabletop exercise(s) to determine the
adequacy of the debris removal plan and debris management process.
The Debris Monitoring Team to be provided by the Proposer(s) shall include, but not be limited to, the following
(A) Project Manager/Liaison Officer: The primary functions of the Project Manager/Liaison Officer shall be to
manage and supervise the debris monitoring services provided by the Proposer(s) and to serve as liaison
between the Debris Manager and the Proposer(s).
(B) Supervising Monitors: The functions of the Supervising Monitors shall be the following:
Verify that only eligible debris is being removed from designated public rights-of-way and public
property within assigned debris pickup zones;
Verify adequate photographic documentation of hazardous trees (leaners and hangers);
Coordinate activities between monitors;
Provide breaks to monitors;
Coordinate, research, and make recommendations on damage claims to the Debris Manager; •
Maintain positive public relations in regard to individual complaints;
Compile and complete necessary reports;
Coordinate daily with the Debris Hauler;
Coordinate daily operations of monitors.
(C) Loading Site Monitors: The loading site is the physical field operation location of debris removal trucks.
The primary functions of the Loading Site Monitors are to complete and issue debris load tickets for
eligible debris cleared and removed at locations designated by the Debris Management Center and to verify
that only eligible debris is being removed from designated eligible sites within assigned debris pickup zones
in City. The loading site monitor shall also photographically document hazardous trees (leaners and
(D) Management Site Monitors: The primary function of the Management Site Monitors is to complete the load
ticket and estimate volumes that have been transported to the debris management site for processing
storage, and disposal. Management Site Monitors shall also verify that all trucks leaving the Management
Site have completely emptied all debris from the trucks.
(E) Roving Monitors: The function of the Roving Monitors is to verify that only eligible debris is being removed
from eligible property within assigned debris pickup zones in City. The Roving Monitors shall also
photographically document hazardous trees (leaners and hangers). Depending on the severity of the storm,
Roving Monitors may not be necessary.
Debris Management Consultant
The Proposer(s) shall provide, if requested by the City, the services of an experienced professional
(Consultant) to assist the City in the operations and coordination of activities at the Debris
Management Center. The qualified individual must have direct debris management experience
including the management of debris removal operations, the oversight of temporary debris storage
and reduction sites, debris recycling and disposal. Emphasis on management and coordination of
post debris causing event recovery and FEMA reimbursement guidelines are required.
The Consultant shall report to the Debris Manager. The Consultant. shall perform work as assigned
which may include but not be limited to review of plans and procedures; drafting task orders, work
plans and reports; audit of Debris Removal Contractor efforts and operations; develop information
for public dissemination on debris removal; reduction and disposal; and other duties as assigned.
IV. Employment Requirements
(A) The employment of unauthorized aliens by any Contractor is considered a violation of Section 274A(e) of
the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such
violation shall be cause for unilateral cancellation of any contract resulting from this solicitation. This
applies to any sub-contractors used by the Contractor as well.
(B) All Loading Site, Management Site, Roving, and Supervising Monitors must speak English, be a minimum
of eighteen (18) years of age, and have a valid driver’s license issued in the United States.
(C) All Loading Site, Management Site, Roving, and Supervising Monitors must have experience in at least one
of the following:
Entry level engineer
Solid waste site operations
Land clearing operations
Entry level surveyor
Solid waste collections
Previous experience in similar monitoring or inspection
(D) All Loading Site, Management Site, Roving, and Supervising Monitors must be capable of working in an
outside environment and be able to climb a staircase ladder of ten (10) feet high.
(E) All Loading Site, Management Site Roving, and Supervising Monitors must attend a one-half day debris
monitor training session to be conducted at a location specified by the Debris Manager before the start of
the first shift. Training will be the responsibility of the Proposer(s) and must be approved by the City.
V. Operational Requirements
(A) General Operating Procedures: The City has contracts to remove and transport disaster debris from the
public access roadways, rights-of-ways and public property within City to designated debris management
sites. Each load of eligible debris shall be tracked using a multi-page load ticket. The Debris Hauler or the
Debris Management Center shall provide the load tickets to be used. The load tickets shall be inventoried
and logged by the Proposer(s).
(B) Within forty-eight (48) hours of the issuance of the Purchase Order, the Proposer(s) shall be prepared to
provide qualified on-site personnel to monitor debris removal operations at up to fifteen (15) debris loading
sites located throughout City. Additional sites may be added as debris removal efforts increase. The
Proposer(s) must be prepared to provide a minimum of one (1) Loading Site Monitor per site per day at a
minimum of twelve to fourteen (12-14) hours per day, seven (7) days per week. The Debris Manager will
determine the exact number and location of management sites in coordination with the debris removal
(C) The Proposer(s) must be prepared to provide Roving Debris Monitors as needed to monitor and verify
eligible debris removal functions. The Roving Debris Monitors must be prepared to operate a minimum of
twelve to fourteen (12-14) hours per day, seven (7) days per week. The Debris Manager will determine the
exact number and location of Roving Debris Monitors in coordination with the debris removal contractor
and the Proposer(s).
(D) The Proposer(s) shall provide a sufficient number of Supervising Monitors to supervise the work activities
of the Debris Loading Site Monitors, the Debris Management Site Monitors, and the Roving Debris
Monitors. The Supervising Monitor(s) must be prepared to operate a minimum of fourteen to sixteen (14-
16) hours per day, seven (7) days per week. Supervising Monitors are generally limited in number. The
exact number will be determined by the type of operation and by the Debris Manager with the advice of the
Proposer(s) for each specific event. Supervising Monitors will be provided for, but not limited to, the
One (1) OVERALL SUPERVISOR to coordinate with the Debris Manager on a daily basis
One (1) SUPERVISOR for each fifteen (15) monitors
One (1) SUPERVISOR to coordinate office activities and supervise & manage damage
(E) The Proposer(s) shall provide all management, supervision, labor, logistical support, transportation, mobile
communications equipment, computer equipment, safety equipment, digital cameras, video cameras, and
other equipment necessary to initiate and to safely and accurately perform all of the City’s debris
monitoring activities. Mobile communications equipment shall be sufficient to allow all monitors to remain
in contact with dispatch and supervisor(s) at all times.
(F) The Proposer(s) shall maintain and update the following:
log damages reported, damage corrections, and releases for work by either the property owner or
log tickets inventoried, issued and/or voided;
tower logs of ticket information; •
map books issued by the City, marking work complete with date and daily log of activities; and
log ineligible debris piles.
(G) Monitoring Sites: Since many of the Loading Sites will be in neighborhood settings where visual sightlines
are limited, the Proposer(s) will provide as many Loading Site Monitors as the city feels are necessary to
ensure adequate coverage of the debris load haulers. This number may be as high as on Monitor for every
two debris load haulers. As debris loads are completed, the Debris Loading Site Monitor will give the
debris load hauler a load ticket that validates where the material originated and that it is eligible for pickup.
Load tickets will be issued in accordance with established procedures and at a minimum must contain either
a street address or the nearest intersection to be valid. The Debris Management Site Monitor will estimate
the volume of debris hauled at the debris management site.
VI. Safety and Health Standards
(A) Whenever on a loading site or a debris management site, all personnel of the Proposer(s) must wear
required safety equipment as necessary to comply with all OSHA, Federal, State, and local requirements.
The following are mandatory:
Appropriate cold or rainy weather clothing
(B) The Proposer(s) shall maintain a telephone contact list at each loading site and debris management site of
the employees’ supervisor, Debris Manager, Debris Management Center and nearest fire, police, and
emergency medical facilities.
(C) The Proposer(s) shall ensure that personnel of the Proposer(s) adhere to all appropriate site safety
VII. Other Considerations
(A) The Proposer(s) shall supervise and direct all work using qualified labor and proper equipment for all tasks.
Safety of the Proposer’s personnel and equipment is the responsibility of the Proposer(s). Additionally, the
Proposer shall pay for all materials, personnel, taxes, and fees necessary to perform work under the terms of
the proposed contract.
(B) The Proposer(s) must be duly licensed in accordance with federal and state statutory and regulatory
requirements to perform the work being sought through this RFP.
(C) The Proposer(s) shall be responsible for determining what permits shall be necessary to perform work under
the proposed contract. Copies of all permits shall be submitted to the Debris Management Center before
(D) During the performance of this contract, the Proposer(s) shall be responsible for correcting any notices of
violations issued as a result of actions or operations of the Proposer(s) or its subcontractors. Corrections for
any such violations shall be at no additional cost to the City.
(E) The Proposer(s) shall be responsible for paying any and all costs associated with violations of law or
regulation relative to the activities of the Proposer(s). Such costs might include but are not limited to: site
cleanup and remediation, fines, administrative and civil penalties, third party claims imposed on the City by
any regulatory agency or by any third party as a result of noncompliance with federal, state, or local
environmental laws and regulations or nuisance statutes by Proposer(s), its subcontractors, or any other
persons, corporations or legal entities retained by the Proposer(s) under this contract.
(F) The Proposer(s) must attend all meetings required by Debris Manager to evaluate the performance of all
monitors or to discuss any open contract issues.
(G) The Proposer(s) must provide sufficient personnel and management to assure the policies and procedures of
work meets the requirements and intent of the proposed contract.
(H) Proposer(s) will supply door hangers and tags for ineligible debris. The City must approve the format for
both. Door hangers will be distributed at the discretion of the City for all ineligible debris piles. See Section
IX (B) for payment information.
(I) The Proposer(s) shall develop a policy and procedure manual and training course for monitors. The manual
and training course must be submitted for approval by the City within sixty (60) days from notification of
Notice of Award. Approval must be received prior to contract signing.
(J) Annually, the debris hauler will present a daylong course in disaster recovery, policy and procedure. The
Proposer(s) shall attend and participate in this course.
(K) It shall be the responsibility of the Proposer(s) to certify that the Debris Hauler has collected all eligible
debris in accordance with the City, State and Federal policies within specified geographical areas. The
Proposer(s) shall be financially responsible for costs for collection, disposal and monitoring of all debris
found in violation of the certification. For example, if the Debris Hauler certifies that all eligible debris on
Street X has been collected and it is subsequently determined that none or only some of the debris on Street
X has not been collected, the Proposer(s) shall be financially responsible for those costs incurred by the
City to collect uncollected eligible debris on Street X that are not covered by or included within the City’s
disaster debris contracts.
(L) The Proposer(s) shall not direct the activities of the Debris Hauler unless directed in writing by the Debris
(A) The deliverables must be provided to the City at the completion of the contract. The deliverables shall
include, but not be limited to, the following list. At its sole discretion, the City may add/or delete
deliverables to meet the needs of the City.
Original load tickets shall be boxed, bound by date and sorted by ticket number
Ticket logs including all information from ticket
Daily tower logs
List of all personnel with signatures and initials
Binder(s) with damage reports, completed repairs, and releases, if applicable.
Binder(s) with issues and final resolution.
Map books boxed by pass with daily logs.
List of tickets issued to monitors, by monitor, and list of lost/voided tickets.
Each debris removal pass may, at the discretion of the City, have a door hanger placed at each
residence or street sign hanger placed at key intersections to indicate pickup has occurred. A report
describing the location of hangers shall be provided to the City.
Each pile of ineligible debris will be tagged and a list compiled and submitted to the City. The City
must approve format of the ineligible debris tag.
Daily Report – The Proposer(s) shall prepare and submit daily operational reports throughout the
duration of the recovery operations. Daily reports shall document the debris contractors’ activities
and progress from the previous day and shall be submitted by 10:30 a.m. to the Debris Manager.
Each daily report shall contain the following minimum information:
(a) Correctly and accurately completed load tickets consistent with all reporting documents;
(b) The times of operation of all debris loading trucks;
(c) Reports, maps and graphs to delineate production rates of crews and their equipment,
progress by area and estimations of total quantities remaining, time to completion, and
daily cumulative cubic yards of debris removed, processed and hauled.
Final Report – A final report will be prepared by the Consultant and submitted to the Public Works
Director within thirty (30) days of completion of recovery operations. Recovery Operations
includes closure and remediation of TDSRS and conclusions of all related operations. At a
minimum this report will include: a discussion of disaster response requirements, results and
recommendations for future disaster response
(B) All deliverables will be submitted both electronically in a PDF format and on paper.
(C) The Proposer(s) shall maintain auditable records concerning the procurement adequate to account for all
receipts and expenditures, and to document compliance with the specifications. These records shall be kept
in accordance with generally accepted accounting principles, and the City reserves the right to determine
record-keeping method in the event of non-conformity. These records shall be maintained for five (5) years
after final payment has been made and shall be readily available to City personnel with reasonable notice,
and to other persons in accordance with the Florida Public Disclosure Statutes. with generally accepted
accounting principles, and the City reserves the right to determine record-keeping method in the event of
non-conformity. These records shall be maintained for five (5) years after final payment has been made and
shall be readily available to City personnel with reasonable notice, and to other persons in accordance with
the Florida Public Disclosure Statutes.
(D) Any operational or safety issues in the field.
(A) The unit price of all personnel to be provided by the Proposer(s) shall be at the Proposer’s standard billing
(B) All labor rates are to be fully burdened to include all taxes, benefits, handling charges, equipment, mileage,
rentals, per diem, housing, reproduction, supervisory tasks, record keeping tasks, reporting tasks, quality
control, verification/validation tasks, overhead, profits and any other expenses necessary to the execution of
a contract to be developed as a result of this RFP.
(C) No administrative, reporting and/or clerical expenses will be paid. Supervisory, record keeping, reporting,
quality control, and verification/validation expenses are to be burdened to labor rates for the Project
Manager, Supervising Monitors, Loading Site Monitors, Debris Management Site Monitors, Roving Debris
Monitors, and/or the Debris Management Consultant Billable time shall be limited to hours when debris
hauling trucks are in operation. The Debris Manager shall determine the hours of true operation and shall
specify a starting time for truck operation. The ending time of truck operation shall be determined by the
truck load tickets.
(D) All load tickets, forms, reports and other deliverables shall be accurately and correctly submitted in the
initial instance of submittal. The Proposer(s) shall not bill and shall not be paid for time spent by any
personnel to correct a load ticket, form, report, or other deliverable.
(E) No overtime rates will be paid. The Debris Management Consultant will be compensated for actual hours
worked at straight time.
(F) Payment Schedule – Invoices will be processed for payment only after approval by the Debris Manager.
The Proposer(s) shall be responsible for reviewing the debris hauler’s deliverables and invoices and
certifying their consistency with the Proposer(s)’ deliverables and invoices and for resolving any
discrepancies that may exist. Approval for payment shall not be granted until appropriate deliverables are
received and determined to be correct, accurate and consistent by the Debris Manager.
(G) Payment of expenses considered incidental to the execution of the proposed contract are the sole discretion
of the City. Examples of such expenses include but are not limited to the following: radio and/or television
advertising, mass mailings, hanging of doorknockers, and roadside signs. Typically, those expenses related
to public information on a City-wide basis would be considered incidental. Furthermore, a test the City will
use in determining if an expense is considered incidental is how easily the expenses could have been
foreseen by the City or Proposer(s). The more difficult to predict the expense(s), the more likely the
expense will be considered incidental to the contract and paid separately from the contract. Issues listed in
Section VII (Other Considerations) will not be considered incidental to the contract. For example, tags for
ineligible debris would not be considered incidental to the execution of this contract. Proposers may request
in writing a predetermination of whether an anticipated cost(s) is incidental prior to submitting their bid in
accordance with standard bidding procedures. The City reserves the right to be the sole judge in
determining whether an expense is considered incidental to the execution of this contract.
(H) The Davis-Bacon Act, as amended, requires that each contract over $2000 to which the United States or the
District of Columbia is a party for the construction, alteration, or repair of public buildings or public works
shall contain a clause setting forth the minimum wages to be paid to various classes of laborers and
mechanics employed under the contract. Under the provisions of the Act, contractors or their subcontractors
are to pay workers employed directly upon the site of the work no less than the locally prevailing wages and
fringe benefits paid on projects of a similar character. The Davis-Bacon Act directs the Secretary of Labor
to determine such local prevailing wage rates. A “wage determination” is the listing of wage rates and fringe
benefit rates for each classification of laborers and mechanics, which the Administrator of the Wage and
Hour Division of the U.S. Department of Labor has determined to be prevailing in a given area for a
particular type of construction (e.g., building, heavy, highway, or residential).
Project wage determinations are issued at the specific request of a contracting agency; each is applicable to
the named project only; and expires 180 calendar days from the date of issuance unless an extension of the
expiration date is requested by the agency and approved by the Wage and Hour Division. If such a
determination is not used in the period of its effectiveness, it is void. Project determinations are issued in
response to contracting agencies submitting to the Wage and Hour Division a Standard Form 308 requesting
a wage determination. Debris monitoring activities on federal roads for which cost reimbursement is being
sought from the Federal Highway Administration may be subject to Davis-Bacon Act requirements. Debris
monitoring activities to which Davis-Bacon Act requirements are applicable shall be reimbursed at the
Proposer(s) hourly rate(s) as stipulated in the contract to be executed as a result of this RFP or at the
prevailing wage rate as determined by Davis-Bacon Act procedures, whichever is higher. It shall be the
responsibility of the Proposer(s) to submit a Standard Form 308 and/or other necessary form(s) to the Wage
and Hour Division of the Department of Labor to request a Davis-Bacon Act wage determination. The wage
determination secured from the Wage and Hour Division of the Department of Labor shall be provided by
the Proposer(s) to the City. It shall additionally be the responsibility of the Proposer(s) to abide by all
Davis-Bacon Act requirements and to be knowledgeable about the applicability of the Act. The Proposer(s)
shall be financially responsible for any expenses denied reimbursement due to failure to adhere to Davis-
Bacon Act requirements. Debris monitoring activities on federal roads for which cost reimbursement is
being sought from the Federal Highway Administration may be subject to Davis-Bacon Act requirements.
Debris monitoring activities to which Davis-Bacon Act requirements are applicable shall be reimbursed at
the Proposer(s) hourly rate(s) as stipulated in the contract to be executed as a result of this RFP or at the
prevailing wage rate as determined by Davis-Bacon Act procedures, whichever is higher. It shall be the
responsibility of the Proposer(s) to submit a Standard Form 308 and/or other necessary form(s) to the Wage
and Hour Division of the Department of Labor to request a Davis-Bacon Act wage determination. The wage
determination secured from the Wage and Hour Division of the Department of Labor shall be provided by
the Proposer(s) to the City. It shall additionally be the responsibility of the Proposer(s) to abide by all
Davis-Bacon Act requirements and to be knowledgeable about the applicability of the Act. The Proposer(s)
shall be financially responsible for any expenses denied reimbursement due to failure to adhere to Davis-
Bacon Act requirements.
(I) Project Completion – The project will be considered completed when the Debris Manager accepts all work
specified under this contract has been completed to his/her satisfaction and all eligible debris has been
picked up within the jurisdictions of the City, and all damage and issues relating to the disaster recovery
have been resolved, and any TDRS sites have been restored to their original condition, or at the sole
discretion of the Debris Manager to meet the needs of the City.
Proposer should indicate in what part of the country they are based, location of the office that would be in charge of
this project and provide a brief history of the company and its debris monitoring experience. Proposer should have a
minimum of 5 continuous years of satisfactory performance of monitoring of debris removal and disposal. Proposer
shall be required to furnish evidence and references satisfactory to the City of Gainesville that he (and his
subcontractors, if any) has sufficient means and experience in this type of work to assure timely completion of the
contract in a workman-like manner.
SECTION VII – PRICE PROPOSAL
Equipment/ Personnel Unit Unit Price
Project Manager/Liason Officer Hour
Supervising Monitors with vehicle and phone Hour
Loading Site Monitors with vehicle and phone Hour
Management Site Monitors with phone Hour
Roving Monitors with vehicle and phone Hour
Debris Management Consultant (if requested) Hour
Tower installed at each TDSRS Hour
Scale at each TDSRS Hour
Portable Toilets at each TDSRS Hour
Temporary Fencing at each TDSRS (if needed) Hour
Generator at each TDSRS (if needed) Hour
Lighting at each TDSRS (if needed) Hour
Administrative Costs to include all reports* Lump Sum
*Administrative cost to include the price of all deliverables as found in Section VIII.
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining
a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,
and the penalties that may be imposed upon employees for the drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 or of any controlled substance law of the United States or any state, for a
violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee’s community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
As the person authorized to sign the statement, I certify that this firm complies fully with the above
DEBARRED AND SUSPENDED BIDDERS:
Breach of Contract
This policy prescribes policies and procedures relating to:
(a) the debarment of bidders for cause;
(b) the suspension of bidders for cause under prescribed conditions;
(c) the rejection of bids, revocation of acceptance and termination of contracts for cause.
It is directly applicable to the advertised and negotiated purchases and contracts, for equipment and services of the City.
Debarment and suspension are measures which may be invoked by the City either to exclude or to disqualify bidders and
contractors from participation in City contracting or subcontracting. These measure should be used for the purpose of protecting
the interests of the City and not for punishment. To assure the City the benefits to be derived from the full and free competition of
interested bidders, these measures should not be instituted for any time longer than deemed necessary to protect the interests of
the City, and should preclude awards only for the probably duration of the period of non-responsibility.
(a) "Debarment" means, in general, an exclusion from City contracting and subcontracting for a reasonable, specified period
of time commensurate with the seriousness of the offense, improper conduct or the inadequacy of performance.
(b) "Suspension" means a disqualification from City contracting and subcontracting for a temporary period of time because
a concern or individual is suspected upon adequate evidence (See Section 6) of engaging in criminal, fraudulent,
improper conduct or inadequate performance.
(c) A "debarment list" or "debarred bidders list" means a list of names of concerns or individuals against whom any or all of
the measures referred to in this policy have been invoked.
(d) "Bidders" means, wherever the term is used in this policy, an offerors bidding pursuant to an invitation for bids or a
request for proposals.
(e) "Affiliates" means business concerns which are affiliates of each other when either directly or indirectly one concern or
individual controls or has the power to control another, or when a third party controls or has the power to control both.
(f) "Business operations" means commercial or industrial activity engaged in regularly and continuously over a period of
time for the purpose of receiving pecuniary benefit or otherwise accomplishing an objective. "Business operations"
constitute and are equivalent to "carrying on business", "engaged in business", "doing business".
3. Establishment and Maintenance of a List of Concerns or Individuals Debarred or Suspended.
(a) The Purchasing Department shall establish and maintain on the basis contained in Sections 6 and 6.1, a consolidated list
of concerns and individuals to whom contracts will not be awarded and from whom bids or proposals will not be
(b) The list shall show as a minimum the following information:
(1) the names of those concerns or individuals debarred or suspended (in alphabetical order) with appropriate
cross-reference where more than one name is involved in a single action;
(2) the basis of authority for each action;
(3) the extent of restrictions imposed; and,
(4) the termination date for each debarred or suspended listing.
(c) The list shall be kept current by issuance of notices of additions and deletions.
4. Treatment to be Accorded Firms or Individuals Debarred or Suspended
Firms or individuals listed by the Purchasing Department as debarred or suspended shall be treated as follows.
(a) Total restrictions. A contract shall not be awarded to a concern or individual that is listed on the basis of a Section
5(a)(1), (2) or (3) felony "conviction", or to any concern, corporation, partnership, or association in which the listed
concern or individual has actual control or a material interest; nor shall bids or proposals be solicited therefrom.
However, when it is determined essential in the public interest by the City Commission, an exception may be made with
respect to a particular procurement action where the individual or concern is effectively the sole source of supply or it is
an emergency purchase.
(b) Restrictions on subcontracting. If a concern or individual listed on the debarred and suspended bidders list is proposed
as a subcontractor, the Purchasing Department shall decline to approve subcontracting with that firm or individual in any
instance in which consent is required of the City before the subcontract is made, unless it is determined by the City to
grant approval City Commission essential to public interest and the individual or concern is effectively the sole source of
supply or it is an emergency purchase.
5. Causes and Conditions Applicable to Determination of Debarment.
Subject to the following conditions, the Purchasing is authorized to debar a firm or individual in the public interest for any of the
following causes occurring with ten (10) years of debarment.
(1) "Conviction" for commission of a criminal offense as an incident to obtaining or attempting to obtain a public
or private contract, or subcontract thereunder, or in the performance of such contract or subcontract.
(2) "Convictions" of embezzlement, theft, forgery, issuance of worthless checks, bribery, falsification or
destruction of records, perjury, or receiving stolen property where the conviction is based upon conduct which
arose out of, or was related to, business operations of the bidder.
(3) "Conviction" for bid-rigging activities arising out of the submission of bids or proposals.
(4) Violation of contract provisions, as set forth below, of a character which is regarded by the City to be so
serious as to justify debarment action:
(i) willful failure to perform in accordance with the specifications or within the time limit provided in the
(ii) a record of failure to perform or of unsatisfactory performance in accordance with the terms of one or
more contracts. Failure to perform or unsatisfactory performance caused by acts beyond the control
of the firm or individual as a contractor shall not be considered to be a basis for debarment.
(5) Debarment by any other governmental agency.
(1) Debarment for any of the causes set forth in this section shall be made only upon approval of the Purchasing.
(2) The existence of any of the causes set forth in (a) of this section does not necessarily require that a firm or
individual be debarred except as provided in 4(a). In each instance, whether the offense or failure, or
inadequacy of performance, be of criminal, fraudulent, or serious nature, the decision to debar shall only be
made if supported by a preponderance of the credible evidence available. Likewise, all mitigating factors may
be considered in determining the seriousness of the offense, failure, or inadequacy of performance, in deciding
whether debarment is warranted. The actual or apparent authority of an involved individual, the present
relationship of involved individuals with the bidder, the past performance of the individual or concern, and the
relationship of the violation to the services or materials involved shall be considered.
(3) The existence of a cause set forth in (a)(1), (2), and (3) of this section shall be established by criminal
"conviction" by a court of competent jurisdiction. In the event that an appeal taken from such conviction
results in reversal of the "conviction", the debarment shall be removed upon the request of the bidder (unless
other causes for debarment exists). for the purposes of this policy, the following shall have the same effect as a
"conviction": pleading guilty or nolo contendere, or being found guilty by a jury or court of, the offense in
question, regardless of whether probation is imposed and adjudication withheld.
(4) The existence of a cause set forth in (a)(4) and (5) of this section shall be established by a preponderance of
credible evidence by the Purchasing.
(5) Debarment for the cause set forth in (a)(5) of this section (debarment by another agency) shall be proper if one
of the causes for debarment set forth in (a)(1) through (4) of this section was the basis for debarment by the
original debarring agency. Such debarment may be based entirely on the record of facts obtained by the
original debarring agency, or upon a combination of such facts and additional facts.
5.1 Period of Debarment.
(a) Debarment of a firm or individual shall be for a reasonable, definitely stated period of time commensurate with the
seriousness of the offense or the failure or inadequacy or performance. As a general rule, a period of debarment shall
not exceed five (5) years. However, when partial or total debarment for an additional period is deemed necessary, notice
of the proposed additional debarment shall be furnished to that concern or individual in accordance with Section 8.
(b) A debarment may be removed or the period thereof may be reduced by the City Manager upon the submission of an
application supported by documentary evidence, setting forth appropriate grounds for the granting of relief; such as
newly discovered material evidence, reversal of a conviction, bona fide change of ownership or management, or the
elimination of the causes for which the debarment was imposed. The City Manager may request additional information,
shall consider all relevant facts, and shall render a decision within twenty (20) days of receipt of the application unless a
longer period is warranted under the circumstances.
6. Suspension of Bidders.
(a) Suspension is a drastic action and, as such, shall not be based upon an unsupported accusation. In assessing whether
evidence exists for invoking a suspension, consideration should be given to the amount of credible evidence which is
available, to the existence or absence of corroboration as to important allegations, as well as to the inferences which may
properly be drawn from the existence or absence of affirmative facts. This assessment should include an examination of
basic documents, such as contracts, inspection reports, and correspondence. In making a determination to suspend, the
Purchasing shall consider the factors set forth in Section 5(b)(2). A suspension may be modified by the City Manager as
described in Section 5.1(b).
6.1 Causes and Conditions Under Which the City May Suspend Contractors
(a) The Purchasing may, in the interest of the City, suspend a firm or individual when the firm or individual is suspected,
upon credible evidence, of having committed one or more the following act(s) within three (3) years of the date of
(1) Commission of fraud or a criminal offense as an incident to obtaining, attempting to obtain, or in the
performance of a public contract;
(2) Violation of statutes concerning bid-rigging activities out of the submission of bids and proposals; and,
(3) Commission of embezzlement, theft, forgery, issuance of worthless checks, bribery, falsification, or destruction
of records, perjury, receiving stolen property. Commission of any other offense indicating a lack of business
integrity or business honesty which seriously and directly affects the question of present responsibility as a City
6.2 Period of Suspension.
(a) All suspension shall be for temporary period pending the completion of an investigation and such legal proceedings as
may ensue. In the event that prosecution has not been initiated within twelve (12) months form the date of the
suspension, the suspension shall be terminated. Upon removal of suspension, consideration may be given to debarment
in accordance with Section 5 of this policy.
7. Scope of Debarment or Suspension.
(a) A debarment or suspension may include all known affiliates of a concern or individual.
(b) Each decision to include a known affiliate within the scope of a proposed debarment or suspension is to be made on a
case-by-case basis, after giving due regard to actual or apparent authority of the controlling concern or individual and
similarity of the services provided by the affiliate to those provided by the debarred individual or concern.
(c) The criminal, fraudulent, or seriously improper conduct of an individual may be imputed to the business concern with
which he is connected, where such impropriety was accomplished within the course of his official duty or apparent
authority, or was effected by him with the knowledge and approval of that concern. When the individual was an officer
of the concern, knowledge and approval may be presumed. Likewise, where a concern is involved in criminal,
fraudulent, or seriously improper conduct, any individual who was involved in the commission of the impropriety may
be debarred or suspended.
8. Notice of Debarment of Suspension.
When the Purchasing seeks to debar or suspend a concern or individual (or any affiliate thereof) for cause, it shall furnish that
party with a written notice:
(1) stating that debarment or suspension is being considered;
(2) setting forth the reasons for the proposed action;
(3) indicating that such party will be afforded an opportunity for a hearing if he so requests one within ten (10)
(4) indicating that such party may make a written response in accordance with Section 9(a).
9. Response to Notice of Debarment or Suspension.
(a) In lieu of requesting a hearing within the prescribed ten (10) day period, the party may, within said ten (10) day period,
notify the City of its intent to provide a written reply and submit written evidence to contest the debarment or
suspension. Such written evidence must be submitted within twenty (20) days after receipt of the notice of proposed
debarment or suspension in order for it to be considered.
(b) Whatever response is received to the notice of intent to debar or suspend, such will be considered in determining
whether debarment or suspension action will be made. Where a reply is received to the notice of intent to debar or to
suspend, and evidence to refute such action is furnished but no hearing is requested, the information furnished will be
considered in determining the action to be taken.
(c) If a hearing is requested, it shall be conducted by the City Manager. The hearing will be held at a location convenient to
the City as determined by the City Manager and on a date and at a time stated. An opportunity shall be afforded to the
firm or individual to appear with witnesses and counsel, to present facts or circumstances showing cause why such firm
or individual should not be debarred or suspended. The proceeding shall be of an informal nature as determined by the
City Manager. After consideration of the facts, the City Manager shall notify the firm or individual of the final decision.
(d) If no response is made to the notice of debarment or suspension within the first ten (10) day period, the decision of the
Purchasing shall be deemed final and the party so notified.
10. Rejection of Bids, Breach of Contract.
(a) Previously solicited and/or accepted bids may be rejected or acceptance revoked prior to beginning of performance upon
discovery by the City that the bidder or its affiliates have committed any act which would have been cause for
(b) If after a contract is awarded and performance has been begun the City discovers that the bidder or its affiliates have
committed any act prior to award or acceptance which would have been cause for debarment had it been discovered
prior to solicitation or acceptance, the City may consider such to be a material breach of the contract and such shall
constitute cause for termination of the contract.
(c) If after bids have been solicited and/or accepted or after a contract is awarded and performance begun, the City
discovers that the bidder or its affiliates committed any act prior to award or acceptance which would have been cause
for disbarment or suspension had it been discovered prior to solicitation or acceptance, the City may require additional
satisfactory assurances that such act(s) have not occurred and that the contract can and will be faithfully performed. If
additional assurances are requested and are not satisfactory or if the bidder or its affiliates fail to immediately cooperate
with all reasonable requests, including requests for information reasonably calculated to lead to the discovery of relevant
evidence, then such may be considered a material breach of the contract and such shall constitute cause for termination
of the contract.
ARTICLE X. LOCAL PREFERENCE POLICY*
[X] Does not apply to this project. (Federal funding– US Department of Transportation Federal Highway
*Editor's note: Section 9 of Ord. No. 001261 states: "This ordinance shall become effective October 1,
2004, and shall be reviewed by the City Commission October 1, 2005, and unless extended by action of the
City Commission, shall be deemed repealed effective March 31, 2006, provided that it shall remain
applicable to new contracts solicited prior to repeal."
Sec. 2-620. Findings of fact.
The city annually spends significant amounts on purchasing personal property, materials, and
contractual services and in constructing improvements to real property or to existing structures. The dollars
used in making those purchases are derived, in large part, from taxes, fees, and utility revenues derived from
local businesses in the corporate city limits of Gainesville, and the city commission has determined that
funds generated in the community should, to the extent possible, be placed back into the local economy.
Therefore, the city commission has determined that it is in the best interest of the city to give a preference to
local businesses in the corporate city limits of Gainesville in making such purchases whenever the
application of such a preference is reasonable in light of the dollar-value of proposals received in relation to
(Ord. No. 001261, § 1, 3-29-04)
Sec. 2-621. Definition.
"Local business" means the vendor has a valid occupational license, issued by the City of
Gainesville at least six months prior to bid or proposal opening date, to do business in said locality that
authorizes the business to provide the goods, services, or construction to be purchased, and a physical
business address located within the limits of said locality, in an area zoned for the conduct of such business,
from which the vendor operates or performs business on a day-to-day basis. Post office boxes are not
verifiable and shall not be used for the purpose of establishing said physical address. In order to be eligible
for local preference, the vendor must provide a copy of the occupational license.
(Ord. No. 001261, § 2, 3-29-04)
Sec. 2-622. Local preference in purchasing and contracting.
In bidding of, or letting contracts for procurement of, supplies, materials, equipment and services,
as described in the purchasing policies, the city commission, or other purchasing authority, may give a
preference to local businesses in making such purchase or awarding such contract in an amount not to
exceed five percent of the local business' total bid price, as described below, and in any event the cost
differential should not exceed $25,000.00. Total bid price shall include not only the base bid price but also
all alterations to that base bid price resulting from alternates which were both part of the bid and actually
purchased or awarded by the city commission or other authority. In the case of requests for proposals,
letters of interest, best evaluated bids, qualifications or other solicitations and competitive negotiation and
selection in which objective factors are used to evaluate the responses, local businesses are assigned five
percent of the total points of the total evaluation points.
(Ord. No. 001261, § 3, 3-29-04)
Sec. 2-623. Exceptions to local preference policy.
The preference set forth in this Article X shall not apply to any of the following purchases or
(1) Good or services provided under a cooperative purchasing agreement;
(2) Contracts for professional services procurement of which is subject to the
Consultants' Competitive Negotiation Act (F.S. § 287.055) or subject to any competitive
consultant selection policy or procedure adopted or utilized by the city commission or
(3) Purchases or contracts which are funded, in whole or in part, by a governmental
entity and the laws, regulations, or policies governing such funding prohibit application of
that preference; or
(4) Purchases made or contracts let under emergency or noncompetitive situations, or
for litigation related legal services, etc., as such are described in the city's purchasing
(5) Purchases with an estimated cost of $50,000.00 or less;
(6) Application of local preference to a particular purchase, contract, or category of
contracts for which the city commission is the awarding authority may be waived upon
written justification and recommendation of the charter officer and approval of the city
commission. The preferences established herein in no way prohibit the right of the city
commission or other purchasing authority to compare quality or fitness for use of
supplies, materials, equipment and services proposed for purchase and compare
qualifications, character, responsibility and fitness of all persons, firms, or corporations
submitting bids or proposals. Further, the preferences established herein in no way
prohibit the right of the city commission or other purchasing authority from giving any
other preference permitted by law in addition to the preference authorized herein.
(Ord. No. 001261, § 4, 3-29-04)
Sec. 2-624. Application, enforcement.
The local preference shall apply to new contracts for supplies, materials, equipment and services
first solicited after October 1, 2004. This article shall be implemented in a fashion consistent with otherwise
applicable city purchasing policies and procedures.
(Ord. No. 001261, § 5, 3-29-04)
Local Preference is requested: YES NO
If Local preference is requested this exhibit must be submitted with the proposal.
A copy of your Business tax receipt and Zoning Compliance Permit must be submitted with the proposal if
a local preference is requested.
CITY OF GAINESVILLE
CERTIFICATION OF COMPLIANCE WITH LIVING WAGE
The undersigned hereby agrees to comply with the terms of the Living Wage Ordinance and to
pay all covered employees, as defined by City of Gainesville Ordinance 020663 as amended at
030168 (Living Wage Ordinance), during the time they are directly involved in providing
covered services under the contract with the City of Gainesville for
________________________________________________ a living wage of $___________ per
hour to covered employees who receive Health Benefits from the undersigned employer and
$___________ per hour to covered employees not offered health care benefits by the undersigned
Name of Service Contractor/Subcontractor:_______________________________
Name of Local Contact Person________________________________________
(Amount of Contract)
LIVING WAGE DECISION TREE
While not all encompassing, the following is provided as a guideline for contractors in
determining whether the City of Gainesville Living Wage Ordinance applies to their firm
in the performance of specified service contracts for covered services* with the City.
Contractors are advised to review the entire text of the Living Wage Ordinance in
conjunction with this guideline.
Will contract for NO LWO Not
services exceed Applicable
Is service applicable
provided one of
services listed at
bottom of page?
YES LWO not
Is company a applicable
not a 501 (c) or
Are services company LW
NO being secured as NO employ 50 or YES applies
a part of a co-op more
located in City
purchasing bid? persons?
LWO not LWO not
*Covered Services: food preparation and/or distribution; custodial/cleaning; refuse removal;
maintenance and repair; recycling; parking services; painting/refinishing; printing and reproduction
services; landscaping/grounds maintenance; agricultural/forestry services; and construction services
**Total value of contract.
LIVING WAGE COMPLIANCE
See Living Wage Decision Tree (Exhibit C hereto)
Living Wage Ordinance does not apply
(check all that apply)
Not a covered service
Contract does not exceed $100,000
Not a for-profit individual, business entity, corporation, partnership, limited liability company, joint
venture, or similar business, who or which employees 50 or more persons, but not including
employees of any subsidiaries, affiliates or parent businesses.
Located within the City of Gainesville enterprise zone.
Living Wage Ordinance applies and the completed Certification of Compliance with Living Wage is
included with this bid.
NOTE: If Contractor has stated Living Wage Ordinance does not apply and it is later determined Living Wage
Ordinance does apply, Contractor will be required to comply with the provision of the City of Gainesville’s living
wage requirements, as applicable, without any adjustment to the bid price.
U.S. DEPARTMENT OF TRANSPORTATION FEDERAL
FHWA-1273 Electronic version -- March 10, 1994
Required Contract Provisions Federal-Aid Construction Contracts
I. General 3. A breach of any of the stipulations contained in these
Required Contract Provisions shall be sufficient
II. Nondiscrimination grounds for termination of the contract.
III. Nonsegregated Facilities 4. A breach of the following clauses of the Required
Contract Provisions may also be grounds for
IV. Payment of Predetermined Minimum Wage debarment as provided in 29 CFR 5.12:
V. Statements and Payrolls Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
VI. Record of Materials, Supplies, and Labor Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions
VII. Subletting or Assigning the Contract
of Section IV (except paragraph 5) and Section V of
VIII. Safety: Accident Prevention these Required Contract Provisions shall not be
subject to the general disputes clause of this contract.
IX. False Statements Concerning Highway Projects Such disputes shall be resolved in accordance with
the procedures of the U.S. Department of Labor
X. Implementation of Clean Air Act and Federal Water (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes
Pollution Control Act within the meaning of this clause include disputes
between the contractor (or any of its subcontractors)
XI. Certification Regarding Debarment, Suspension and the contracting agency, the DOL, or the
Ineligibility, and Voluntary Exclusion contractor's employees or their representatives.
XII. Certification Regarding Use of Contract Funds for 6. Selection of Labor: During the performance of this
Lobbying contract, the contractor shall not:
Attachments a. discriminate against labor from any other State,
A. Employment Preference for Appalachian Contracts possession, or territory of the United States
(included in Appalachian contracts only) (except for employment preference for
Appalachian contracts, when applicable, as
specified in Attachment A), or
I. GENERAL b. employ convict labor for any purpose within the
limits of the project unless it is labor performed
1. These contract provisions shall apply to all work by convicts who are on parole, supervised
performed on the contract by the contractor's own release, or probation.
organization and with the assistance of workers under the
contractor's immediate superintendence and to all work II. NONDISCRIMINATION
performed on the contract by piecework, station work, or
by subcontract. (Applicable to all Federal-aid construction contracts and
to all related subcontracts of $10,000 or more.)
2. Except as otherwise provided for in each section, the
contractor shall insert in each subcontract all of the 1. Equal Employment Opportunity: Equal
stipulations contained in these Required Contract employment opportunity (EEO) requirements not to
Provisions, and further require their inclusion in any lower discriminate and to take affirmative action to assure
tier subcontract or purchase order that may in turn be equal opportunity as set forth under laws, executive
made. The Required Contract Provisions shall not be orders, rules, regulations (28 CFR 35, 29 CFR 1630
incorporated by reference in any case. The prime and 41 CFR 60) and orders of the Secretary of Labor
contractor shall be responsible for compliance by any as modified by the provisions prescribed herein, and
subcontractor or lower tier subcontractor with these imposed pursuant to 23 U.S.C. 140 shall constitute
Required Contract Provisions. the EEO and specific affirmative action standards for
the contractor's project activities under this contract.
The Equal Opportunity Construction Contract c. All personnel who are engaged in direct
Specifications set forth under 41 CFR 60-4.3 and the recruitment for the project will be instructed by
provisions of the American Disabilities Act of 1990 (42 the EEO Officer in the contractor's procedures
U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 for locating and hiring minority group
CFR 1630 are incorporated by reference in this contract. employees.
In the execution of this contract, the contractor agrees to
comply with the following minimum specific requirement d. Notices and posters setting forth the contractor's
activities of EEO: EEO policy will be placed in areas readily
accessible to employees, applicants for
a. The contractor will work with the State highway employment and potential employees.
agency (SHA) and the Federal Government in
carrying out EEO obligations and in their review of e. The contractor's EEO policy and the procedures
his/her activities under the contract. to implement such policy will be brought to the
attention of employees by means of meetings,
b. The contractor will accept as his operating policy the employee handbooks, or other appropriate
following statement: means.
4. Recruitment: When advertising for employees, the
"It is the policy of this Company to assure that contractor will include in all advertisements for
applicants are employed, and that employees are employees the notation: "An Equal Opportunity
treated during employment, without regard to their Employer." All such advertisements will be placed in
race, religion, sex, color, national origin, age or publications having a large circulation among
disability. Such action shall include: employment, minority groups in the area from which the project
upgrading, demotion, or transfer; recruitment or work force would normally be derived.
recruitment advertising; layoff or termination; rates of
a. The contractor will, unless precluded by a valid
pay or other forms of compensation; and selection for
bargaining agreement, conduct systematic and
training, including apprenticeship, preapprenticeship,
direct recruitment through public and private
and/or on-the-job training."
employee referral sources likely to yield
2. EEO Officer: The contractor will designate and make qualified minority group applicants. To meet this
known to the SHA contracting officers an EEO Officer requirement, the contractor will identify sources
who will have the responsibility for and must be capable of potential minority group employees, and
of effectively administering and promoting an active establish with such identified sources procedures
contractor program of EEO and who must be assigned whereby minority group applicants may be
adequate authority and responsibility to do so. referred to the contractor for employment
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and b. In the event the contractor has a valid bargaining
discharge employees, or who recommend such action, or agreement providing for exclusive hiring of all
who are substantially involved in such action, will be referrals, he is expected to observe the provisions
made fully cognizant of, and will implement, the of that agreement to the extent that the system
contractor's EEO policy and contractual responsibilities to permits the contractor's compliance with EEO
provide EEO in each grade and classification of contract provisions. (The DOL has held that
employment. To ensure that the above agreement will be where implementation of such agreements have
met, the following actions will be taken as a minimum: the effect of discriminating against minorities or
women, or obligates the contractor to do the
a. Periodic meetings of supervisory and personnel office same, such implementation violates Executive
employees will be conducted before the start of work Order 11246, as amended.)
and then not less often than once every six months, at
which time the contractor's EEO policy and its c. The contractor will encourage his present
implementation will be reviewed and explained. The employees to refer minority group applicants for
meetings will be conducted by the EEO Officer. employment. Information and procedures with
regard to referring minority group applicants will
b. All new supervisory or personnel office employees be discussed with employees.
will be given a thorough indoctrination by the EEO
Officer, covering all major aspects of the contractor's 5. Personnel Actions: Wages, working conditions, and
EEO obligations within thirty days following their employee benefits shall be established and
reporting for duty with the contractor. administered, and personnel actions of every type,
including hiring, upgrading, promotion, transfer, women employees and will encourage eligible
demotion, layoff, and termination, shall be taken without employees to apply for such training and
regard to race, color, religion, sex, national origin, age or promotion.
disability. The following procedures shall be followed:
7. Unions: If the contractor relies in whole or in part
a. The contractor will conduct periodic inspections of upon unions as a source of employees, the contractor
project sites to insure that working conditions and will use his/her best efforts to obtain the cooperation
employee facilities do not indicate discriminatory of such unions to increase opportunities for minority
treatment of project site personnel. groups and women within the unions, and to effect
referrals by such unions of minority and female
b. The contractor will periodically evaluate the spread employees. Actions by the contractor either directly
of wages paid within each classification to determine or through a contractor's association acting as agent
any evidence of discriminatory wage practices. will include the procedures set forth below:
c. The contractor will periodically review selected a. The contractor will use best efforts to develop, in
personnel actions in depth to determine whether there cooperation with the unions, joint training
is evidence of discrimination. Where evidence is programs aimed toward qualifying more minority
found, the contractor will promptly take corrective group members and women for membership in
action. If the review indicates that the discrimination the unions and increasing the skills of minority
may extend beyond the actions reviewed, such group employees and women so that they may
corrective action shall include all affected persons. qualify for higher paying employment.
d. The contractor will promptly investigate all b. The contractor will use best efforts to incorporate
complaints of alleged discrimination made to the an EEO clause into each union agreement to the
contractor in connection with his obligations under end that such union will be contractually bound
this contract, will attempt to resolve such complaints, to refer applicants without regard to their race,
and will take appropriate corrective action within a color, religion, sex, national origin, age or
reasonable time. If the investigation indicates that the disability.
discrimination may affect persons other than the
complainant, such corrective action shall include such c. The contractor is to obtain information as to the
other persons. Upon completion of each investigation, referral practices and policies of the labor union
the contractor will inform every complainant of all of except that to the extent such information is
his avenues of appeal. within the exclusive possession of the labor
union and such labor union refuses to furnish
6. Training and Promotion: such information to the contractor, the contractor
shall so certify to the SHA and shall set forth
a. The contractor will assist in locating, qualifying, and what efforts have been made to obtain such
increasing the skills of minority group and women information.
employees, and applicants for employment.
d. In the event the union is unable to provide the
b. Consistent with the contractor's work force contractor with a reasonable flow of minority and
requirements and as permissible under Federal and women referrals within the time limit set forth in
State regulations, the contractor shall make full use of the collective bargaining agreement, the
training programs, i.e., apprenticeship, and on-the-job contractor will, through independent recruitment
training programs for the geographical area of efforts, fill the employment vacancies without
contract performance. Where feasible, 25 percent of regard to race, color, religion, sex, national
apprentices or trainees in each occupation shall be in origin, age or disability; making full efforts to
their first year of apprenticeship or training. In the obtain qualified and/or qualifiable minority
event a special provision for training is provided group persons and women. (The DOL has held
under this contract, this subparagraph will be that it shall be no excuse that the union with
superseded as indicated in the special provision. which the contractor has a collective bargaining
agreement providing for exclusive referral failed
c. The contractor will advise employees and applicants
to refer minority employees.) In the event the
for employment of available training programs and
union referral practice prevents the contractor
entrance requirements for each.
from meeting the obligations pursuant to
d. The contractor will periodically review the training Executive Order 11246, as amended, and these
and promotion potential of minority group and
special provisions, such contractor shall immediately b. The contractors will submit an annual report to
notify the SHA. the SHA each July for the duration of the project,
indicating the number of minority, women, and
8. Selection of Subcontractors, Procurement of Materials non-minority group employees currently engaged
and Leasing of Equipment: The contractor shall not in each work classification required by the
discriminate on the grounds of race, color, religion, sex, contract work. This information is to be reported
national origin, age or disability in the selection and on Form FHWA-1391. If on-the-job training is
retention of subcontractors, including procurement of being required by special provision, the
materials and leases of equipment. contractor will be required to collect and report
a. The contractor shall notify all potential
subcontractors and suppliers of his/her EEO III. NONSEGREGATED FACILITIES
obligations under this contract.
(Applicable to all Federal-aid construction contracts and
b. Disadvantaged business enterprises (DBE), as defined to all related subcontracts of $10,000 or more.)
in 49 CFR 23, shall have equal opportunity to
compete for and perform subcontracts which the 1. By submission of this bid, the execution of this
contractor enters into pursuant to this contract. The contract or subcontract, or the consummation of this
contractor will use his best efforts to solicit bids from material supply agreement or purchase order, as
and to utilize DBE subcontractors or subcontractors appropriate, the bidder, Federal-aid construction
with meaningful minority group and female contractor, subcontractor, material supplier, or
representation among their employees. Contractors vendor, as appropriate, certifies that the firm does not
shall obtain lists of DBE construction firms from maintain or provide for its employees any segregated
SHA personnel. facilities at any of its establishments, and that the firm
does not permit its employees to perform their
c. The contractor will use his best efforts to ensure services at any location, under its control, where
subcontractor compliance with their EEO obligations. segregated facilities are maintained. The firm agrees
that a breach of this certification is a violation of the
9. Records and Reports: The contractor shall keep such EEO provisions of this contract. The firm further
records as necessary to document compliance with the certifies that no employee will be denied access to
EEO requirements. Such records shall be retained for a adequate facilities on the basis of sex or disability.
period of three years following completion of the contract
work and shall be available at reasonable times and places 2. As used in this certification, the term "segregated
for inspection by authorized representatives of the SHA facilities" means any waiting rooms, work areas,
and the FHWA. restrooms and washrooms, restaurants and other
eating areas, timeclocks, locker rooms, and other
a. The records kept by the contractor shall document the storage or dressing areas, parking lots, drinking
following: fountains, recreation or entertainment areas,
transportation, and housing facilities provided for
1. The number of minority and non-minority group employees which are segregated by explicit directive,
members and women employed in each work or are, in fact, segregated on the basis of race, color,
classification on the project; religion, national origin, age or disability, because of
habit, local custom, or otherwise. The only exception
2. The progress and efforts being made in
will be for the disabled when the demands for
cooperation with unions, when applicable, to
accessibility override (e.g. disabled parking).
increase employment opportunities for minorities
and women; 3. The contractor agrees that it has obtained or will
obtain identical certification from proposed
3. The progress and efforts being made in locating,
subcontractors or material suppliers prior to award of
hiring, training, qualifying, and upgrading
subcontracts or consummation of material supply
minority and female employees; and
agreements of $10,000 or more and that it will retain
4. The progress and efforts being made in securing such certifications in its files.
the services of DBE subcontractors or
IV. PAYMENT OF PREDETERMINED MINIMUM
subcontractors with meaningful minority and
female representation among their employees.
(Applicable to all Federal-aid construction contracts
exceeding $2,000 and to all related subcontracts, except
for projects located on roadways classified as local roads or 2. Classification:
rural minor collectors, which are exempt.)
a. The SHA contracting officer shall require that
1. General: any class of laborers or mechanics employed
under the contract, which is not listed in the wage
a. All mechanics and laborers employed or working determination, shall be classified in conformance
upon the site of the work will be paid unconditionally with the wage determination.
and not less often than once a week and without
subsequent deduction or rebate on any account b. The contracting officer shall approve an
[except such payroll deductions as are permitted by additional classification, wage rate and fringe
regulations (29 CFR 3) issued by the Secretary of benefits only when the following criteria have
Labor under the Copeland Act (40 U.S.C. 276c)] the been met:
full amounts of wages and bona fide fringe benefits
(or cash equivalents thereof) due at time of payment. 1. the work to be performed by the
The payment shall be computed at wage rates not less additional classification requested is not
than those contained in the wage determination of the performed by a classification in the
Secretary of Labor (hereinafter "the wage wage determination;
determination") which is attached hereto and made a
part hereof, regardless of any contractual relationship 2. the additional classification is utilized in
which may be alleged to exist between the contractor the area by the construction industry;
or its subcontractors and such laborers and
3. the proposed wage rate, including any
mechanics. The wage determination (including any
bona fide fringe benefits, bears a
additional classifications and wage rates conformed
reasonable relationship to the wage rates
under paragraph 2 of this Section IV and the DOL
contained in the wage determination;
poster (WH-1321) or Form FHWA-1495) shall be
posted at all times by the contractor and its
subcontractors at the site of the work in a prominent
4. with respect to helpers, when such a
and accessible place where it can be easily seen by
classification prevails in the area in
the workers. For the purpose of this Section,
which the work is performed.
contributions made or costs reasonably anticipated for
bona fide fringe benefits under Section 1(b)(2) of the c. If the contractor or subcontractors, as
Davis-Bacon Act (40 U.S.C. 276a) on behalf of appropriate, the laborers and mechanics (if
laborers or mechanics are considered wages paid to known) to be employed in the additional
such laborers or mechanics, subject to the provisions classification or their representatives, and the
of Section IV, paragraph 3b, hereof. Also, for the contracting officer agree on the classification and
purpose of this Section, regular contributions made or wage rate (including the amount designated for
costs incurred for more than a weekly period (but not fringe benefits where appropriate), a report of the
less often than quarterly) under plans, funds, or action taken shall be sent by the contracting
programs, which cover the particular weekly period, officer to the DOL, Administrator of the Wage
are deemed to be constructively made or incurred and Hour Division, Employment Standards
during such weekly period. Such laborers and Administration, Washington, D.C. 20210. The
mechanics shall be paid the appropriate wage rate and Wage and Hour Administrator, or an authorized
fringe benefits on the wage determination for the representative, will approve, modify, or
classification of work actually performed, without disapprove every additional classification action
regard to skill, except as provided in paragraphs 4 within 30 days of receipt and so advise the
and 5 of this Section IV. contracting officer or will notify the contracting
officer within the 30-day period that additional
b. Laborers or mechanics performing work in more than
time is necessary.
one classification may be compensated at the rate
specified for each classification for the time actually d. In the event the contractor or subcontractors, as
worked therein, provided, that the employer's payroll appropriate, the laborers or mechanics to be
records accurately set forth the time spent in each employed in the additional classification or their
classification in which work is performed. representatives, and the contracting officer do not
agree on the proposed classification and wage
c. All rulings and interpretations of the Davis-Bacon
rate (including the amount designated for fringe
Act and related acts contained in 29 CFR 1, 3, and 5
benefits, where appropriate), the contracting
are herein incorporated by reference in this contract.
officer shall refer the questions, including the
views of all interested parties and the apprenticeship agency (where appropriate)
recommendation of the contracting officer, to the to be eligible for probationary employment
Wage and Hour Administrator for determination. as an apprentice.
Said Administrator, or an authorized representative,
will issue a determination within 30 days of receipt 2. The allowable ratio of apprentices to
and so advise the contracting officer or will notify the journeyman-level employees on the job site
contracting officer within the 30-day period that in any craft classification shall not be greater
additional time is necessary than the ratio permitted to the contractor as
to the entire work force under the registered
e. The wage rate (including fringe benefits where program. Any employee listed on a payroll
appropriate) determined pursuant to paragraph 2c or at an apprentice wage rate, who is not
2d of this Section IV shall be paid to all workers registered or otherwise employed as stated
performing work in the additional classification from above, shall be paid not less than the
the first day on which work is performed in the applicable wage rate listed in the wage
classification. determination for the classification of work
actually performed. In addition, any
3. Payment of Fringe Benefits: apprentice performing work on the job site
in excess of the ratio permitted under the
a. Whenever the minimum wage rate prescribed in the registered program shall be paid not less
contract for a class of laborers or mechanics includes than the applicable wage rate on the wage
a fringe benefit which is not expressed as an hourly determination for the work actually
rate, the contractor or subcontractors, as appropriate, performed. Where a contractor or
shall either pay the benefit as stated in the wage subcontractor is performing construction on
determination or shall pay another bona fide fringe a project in a locality other than that in
benefit or an hourly case equivalent thereof. which its program is registered, the ratios
and wage rates (expressed in percentages of
b. If the contractor or subcontractor, as appropriate,
the journeyman-level hourly rate) specified
does not make payments to a trustee or other third
in the contractor's or subcontractor's
person, he/she may consider as a part of the wages of
registered program shall be observed.
any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe 3. Every apprentice must be paid at not less
benefits under a plan or program, provided, that the than the rate specified in the registered
Secretary of Labor has found, upon the written program for the apprentice's level of
request of the contractor, that the applicable standards progress, expressed as a percentage of the
of the Davis-Bacon Act have been met. The Secretary journeyman-level hourly rate specified in the
of Labor may require the contractor to set aside in a applicable wage determination. Apprentices
separate account assets for the meeting of obligations shall be paid fringe benefits in accordance
under the plan or program. with the provisions of the apprenticeship
program. If the apprenticeship program does
4. Apprentices and Trainees (Programs of the U.S. DOL)
not specify fringe benefits, apprentices must
be paid the full amount of fringe benefits
listed on the wage determination for the
applicable classification. If the
1. Apprentices will be permitted to work at less Administrator for the Wage and Hour
than the predetermined rate for the work they Division determines that a different practice
performed when they are employed pursuant to prevails for the applicable apprentice
and individually registered in a bona fide classification, fringes shall be paid in
apprenticeship program registered with the DOL, accordance with that determination.
Employment and Training Administration,
4. In the event the Bureau of Apprenticeship
Bureau of Apprenticeship and Training, or with a
and Training, or a State apprenticeship
State apprenticeship agency recognized by the
agency recognized by the Bureau, withdraws
Bureau, or if a person is employed in his/her first
approval of an apprenticeship program, the
90 days of probationary employment as an
contractor or subcontractor will no longer be
apprentice in such an apprenticeship program,
permitted to utilize apprentices at less than
who is not individually registered in the program,
the applicable predetermined rate for the
but who has been certified by the Bureau of
comparable work performed by regular
Apprenticeship and Training or a State
employees until an acceptable program is c. Helpers:
Helpers will be permitted to work on a project if
the helper classification is specified and defined
on the applicable wage determination or is
1. Except as provided in 29 CFR 5.16, trainees will approved pursuant to the conformance procedure
not be permitted to work at less than the set forth in Section IV.2. Any worker listed on a
predetermined rate for the work performed unless payroll at a helper wage rate, who is not a helper
they are employed pursuant to and individually under a approved definition, shall be paid not
registered in a program which has received prior less than the applicable wage rate on the wage
approval, evidenced by formal certification by determination for the classification of work
the DOL, Employment and Training actually performed.
Administration. 5. Apprentices and Trainees (Programs of the U.S.
2. The ratio of trainees to journeyman-level
employees on the job site shall not be greater Apprentices and trainees working under
than permitted under the plan approved by the apprenticeship and skill training programs which have
Employment and Training Administration. Any been certified by the Secretary of Transportation as
employee listed on the payroll at a trainee rate promoting EEO in connection with Federal-aid
who is not registered and participating in a highway construction programs are not subject to the
training plan approved by the Employment and requirements of paragraph 4 of this Section IV. The
Training Administration shall be paid not less straight time hourly wage rates for apprentices and
than the applicable wage rate on the wage trainees under such programs will be established by
determination for the classification of work the particular programs. The ratio of apprentices and
actually performed. In addition, any trainee trainees to journeymen shall not be greater than
performing work on the job site in excess of the permitted by the terms of the particular program.
ratio permitted under the registered program
shall be paid not less than the applicable wage 6. Withholding:
rate on the wage determination for the work
actually performed. The SHA shall upon its own action or upon written
request of an authorized representative of the DOL
3. Every trainee must be paid at not less than the withhold, or cause to be withheld, from the contractor
rate specified in the approved program for or subcontractor under this contract or any other
his/her level of progress, expressed as a Federal contract with the same prime contractor, or
percentage of the journeyman-level hourly rate any other Federally-assisted contract subject to
specified in the applicable wage determination. Davis-Bacon prevailing wage requirements which is
Trainees shall be paid fringe benefits in held by the same prime contractor, as much of the
accordance with the provisions of the trainee accrued payments or advances as may be considered
program. If the trainee program does not mention necessary to pay laborers and mechanics, including
fringe benefits, trainees shall be paid the full apprentices, trainees, and helpers, employed by the
amount of fringe benefits listed on the wage contractor or any subcontractor the full amount of
determination unless the Administrator of the wages required by the contract. In the event of failure
Wage and Hour Division determines that there is to pay any laborer or mechanic, including any
an apprenticeship program associated with the apprentice, trainee, or helper, employed or working
corresponding journeyman-level wage rate on the on the site of the work, all or part of the wages
wage determination which provides for less than required by the contract, the SHA contracting officer
full fringe benefits for apprentices, in which case may, after written notice to the contractor, take such
such trainees shall receive the same fringe action as may be necessary to cause the suspension of
benefits as apprentices. any further payment, advance, or guarantee of funds
until such violations have ceased.
4. In the event the Employment and Training
Administration withdraws approval of a training 7. Overtime Requirements:
program, the contractor or subcontractor will no
longer be permitted to utilize trainees at less than No contractor or subcontractor contracting for any
the applicable predetermined rate for the work part of the contract work which may require or
performed until an acceptable program is involve the employment of laborers, mechanics,
approved. watchmen, or guards (including apprentices, trainees,
and helpers described in paragraphs 4 and 5 above)
shall require or permit any laborer, mechanic, watchman, a. Payrolls and basic records relating thereto shall
or guard in any workweek in which he/she is employed on be maintained by the contractor and each
such work, to work in excess of 40 hours in such subcontractor during the course of the work and
workweek unless such laborer, mechanic, watchman, or preserved for a period of 3 years from the date of
guard receives compensation at a rate not less than one- completion of the contract for all laborers,
and-one-half times his/her basic rate of pay for all hours mechanics, apprentices, trainees, watchmen,
worked in excess of 40 hours in such workweek. helpers, and guards working at the site of the
b. The payroll records shall contain the name,
Liability for Unpaid Wages; Liquidated Damages: In the social security number, and address of each such
event of any violation of the clause set forth in paragraph employee; his or her correct classification; hourly
7 above, the contractor and any subcontractor responsible rates of wages paid (including rates of
there for shall be liable to the affected employee for contributions or costs anticipated for bona fide
his/her unpaid wages. In addition, such contractor and fringe benefits or cash equivalent thereof the
subcontractor shall be liable to the United States (in the types described in Section 1(b)(2)(B) of the
case of work done under contract for the District of Davis Bacon Act); daily and weekly number of
Columbia or a territory, to such District or to such hours worked; deductions made; and actual
territory) for liquidated damages. Such liquidated wages paid. In addition, for Appalachian
damages shall be computed with respect to each contracts, the payroll records shall contain a
individual laborer, mechanic, watchman, or guard notation indicating whether the employee does,
employed in violation of the clause set forth in paragraph or does not, normally reside in the labor area as
7, in the sum of $10 for each calendar day on which such defined in Attachment A, paragraph 1. Whenever
employee was required or permitted to work in excess of the Secretary of Labor, pursuant to Section IV,
the standard work week of 40 hours without payment of paragraph 3b, has found that the wages of any
the overtime wages required by the clause set forth in laborer or mechanic include the amount of any
paragraph 7. costs reasonably anticipated in providing benefits
under a plan or program described in Section
9. Withholding for Unpaid Wages and Liquidated Damages: 1(b)(2)(B) of the Davis Bacon Act, the
contractor and each subcontractor shall maintain
The SHA shall upon its own action or upon written
records which show that the commitment to
request of any authorized representative of the DOL
provide such benefits is enforceable, that the plan
withhold, or cause to be withheld, from any monies
or program is financially responsible, that the
payable on account of work performed by the contractor
plan or program has been communicated in
or subcontractor under any such contract or any other
writing to the laborers or mechanics affected, and
Federal contract with the same prime contractor, or any
show the cost anticipated or the actual cost
other Federally-assisted contract subject to the Contract
incurred in providing benefits. Contractors or
Work Hours and Safety Standards Act, which is held by
subcontractors employing apprentices or trainees
the same prime contractor, such sums as may be
under approved programs shall maintain written
determined to be necessary to satisfy any liabilities of
evidence of the registration of apprentices and
such contractor or subcontractor for unpaid wages and
trainees, and ratios and wage rates prescribed in
liquidated damages as provided in the clause set forth in
the applicable programs.
paragraph 8 above.
c. Each contractor and subcontractor shall furnish,
V. STATEMENTS AND PAYROLLS each week in which any contract work is
(Applicable to all Federal-aid construction contracts exceeding performed, to the SHA resident engineer a
$2,000 and to all related subcontracts, except for projects payroll of wages paid each of its employees
located on roadways classified as local roads or rural (including apprentices, trainees, and helpers,
collectors, which are exempt.) described in Section IV, paragraphs 4 and 5, and
watchmen and guards engaged on work during
1. Compliance with Copeland Regulations (29 CFR 3): the preceding weekly payroll period). The
payroll submitted shall set out accurately and
The contractor shall comply with the Copeland Regulations completely all of the information required to be
of the Secretary of Labor which are herein incorporated by maintained under paragraph 2b of this Section V.
reference. This information may be submitted in any form
2. Payrolls and Payroll Records: desired. Optional Form WH-347 is available for
this purpose and may be purchased from the
Superintendent of Documents (Federal stock number records available may be grounds for debarment
029-005-0014-1), U.S. Government Printing Office, action pursuant to 29 CFR 5.12.
Washington, D.C. 20402. The prime contractor is
responsible for the submission of copies of payrolls VI. RECORD OF MATERIALS, SUPPLIES, AND
by all subcontractors. LABOR
d. Each payroll submitted shall be accompanied by a 1. On all Federal-aid contracts on the National Highway
"Statement of Compliance," signed by the contractor System, except those which provide solely for the
or subcontractor or his/her agent who pays or installation of protective devices at railroad grade
supervises the payment of the persons employed crossings, those which are constructed on a force
under the contract and shall certify the following: account or direct labor basis, highway beautification
contracts, and contracts for which the total final
1. that the payroll for the payroll period contains construction cost for roadway and bridge is less than
the information required to be maintained under $1,000,000 (23 CFR 635) the contractor shall:
paragraph 2b of this Section V and that such
information is correct and complete; a. Become familiar with the list of specific
materials and supplies contained in Form
2. that such laborer or mechanic (including each FHWA-47, "Statement of Materials and Labor
helper, apprentice, and trainee) employed on the Used by Contractor of Highway Construction
contract during the payroll period has been paid Involving Federal Funds," prior to the
the full weekly wages earned, without rebate, commencement of work under this contract.
either directly or indirectly, and that no
deductions have been made either directly or b. Maintain a record of the total cost of all materials
indirectly from the full wages earned, other than and supplies purchased for and incorporated in
permissible deductions as set forth in the the work, and also of the quantities of those
Regulations, 29 CFR 3; specific materials and supplies listed on Form
FHWA-47, and in the units shown on Form
3. that each laborer or mechanic has been paid not FHWA-47.
less that the applicable wage rate and fringe
benefits or cash equivalent for the classification c. furnish, upon the completion of the contract, to
of worked performed, as specified in the the SHA resident engineer on Form FHWA-47
applicable wage determination incorporated into together with the data required in paragraph 1b
the contract. relative to materials and supplies, a final labor
summary of all contract work indicating the total
e. The weekly submission of a properly executed hours worked and the total amount earned.
certification set forth on the reverse side of Optional
Form WH-347 shall satisfy the requirement for 2. At the prime contractor's option, either a single report
submission of the "Statement of Compliance" covering all contract work or separate reports for the
required by paragraph 2d of this Section V. contractor and for each subcontract shall be
f. The falsification of any of the above certifications
may subject the contractor to civil or criminal VII. SUBLETTING OR ASSIGNING THE CONTRACT
prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
1. The contractor shall perform with its own
g. The contractor or subcontractor shall make the organization contract work amounting to not less than
records required under paragraph 2b of this Section V 30 percent (or a greater percentage if specified
available for inspection, copying, or transcription by elsewhere in the contract) of the total original
authorized representatives of the SHA, the FHWA, or contract price, excluding any specialty items
the DOL, and shall permit such representatives to designated by the State. Specialty items may be
interview employees during working hours on the job. performed by subcontract and the amount of any such
If the contractor or subcontractor fails to submit the specialty items performed may be deducted from the
required records or to make them available, the SHA, total original contract price before computing the
the FHWA, the DOL, or all may, after written notice amount of work required to be performed by the
to the contractor, sponsor, applicant, or owner, take contractor's own organization (23 CFR 635).
such actions as may be necessary to cause the
suspension of any further payment, advance, or a. "Its own organization" shall be construed to
guarantee of funds. Furthermore, failure to submit the include only workers employed and paid directly
required records upon request or to make such by the prime contractor and equipment owned or
rented by the prime contractor, with or without under conditions which are unsanitary, hazardous or
operators. Such term does not include employees or dangerous to his/her health or safety, as determined
equipment of a subcontractor, assignee, or agent of under construction safety and health standards (29
the prime contractor. CFR 1926) promulgated by the Secretary of Labor, in
accordance with Section 107 of the Contract Work
b. "Specialty Items" shall be construed to be limited to Hours and Safety Standards Act (40 U.S.C. 333).
work that requires highly specialized knowledge,
abilities, or equipment not ordinarily available in the 3. Pursuant to 29 CFR 1926.3, it is a condition of this
type of contracting organizations qualified and contract that the Secretary of Labor or authorized
expected to bid on the contract as a whole and in representative thereof, shall have right of entry to any
general are to be limited to minor components of the site of contract performance to inspect or investigate
overall contract. the matter of compliance with the construction safety
and health standards and to carry out the duties of the
2. The contract amount upon which the requirements set Secretary under Section 107 of the Contract Work
forth in paragraph 1 of Section VII is computed includes Hours and Safety Standards Act (40 U.S.C. 333).
the cost of material and manufactured products which are
to be purchased or produced by the contractor under the IX. FALSE STATEMENTS CONCERNING HIGHWAY
contract provisions. PROJECTS
3. The contractor shall furnish (a) a competent In order to assure high quality and durable construction in
superintendent or supervisor who is employed by the firm, conformity with approved plans and specifications and a
has full authority to direct performance of the work in high degree of reliability on statements and
accordance with the contract requirements, and is in representations made by engineers, contractors, suppliers,
charge of all construction operations (regardless of who and workers on Federal-aid highway projects, it is
performs the work) and (b) such other of its own essential that all persons concerned with the project
organizational resources (supervision, management, and perform their functions as carefully, thoroughly, and
engineering services) as the SHA contracting officer honestly as possible. Willful falsification, distortion, or
determines is necessary to assure the performance of the misrepresentation with respect to any facts related to the
contract. project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
4. No portion of the contract shall be sublet, assigned or similar acts, the following notice shall be posted on each
otherwise disposed of except with the written consent of Federal-aid highway project (23 CFR 635) in one or more
the SHA contracting officer, or authorized representative, places where it is readily available to all persons
and such consent when given shall not be construed to concerned with the project:
relieve the contractor of any responsibility for the
fulfillment of the contract. Written consent will be given NOTICE TO ALL PERSONNEL ENGAGED ON
only after the SHA has assured that each subcontract is FEDERAL-AID HIGHWAY PROJECTS
evidenced in writing and that it contains all pertinent 18 U.S.C. 1020 reads as follows:
provisions and requirements of the prime contract. "Whoever, being an officer, agent, or employee of the
United States, or of any State or Territory, or whoever,
VIII. SAFETY: ACCIDENT PREVENTION
whether a person, association, firm, or corporation,
1. In the performance of this contract the contractor shall knowingly makes any false statement, false
comply with all applicable Federal, State, and local laws representation, or false report as to the character,
governing safety, health, and sanitation (23 CFR 635). quality, quantity, or cost of the material used or to be
The contractor shall provide all safeguards, safety devices used, or the quantity or quality of the work performed or
and protective equipment and take any other needed to be performed, or the cost thereof in connection with the
actions as it determines, or as the SHA contracting officer submission of plans, maps, specifications, contracts, or
may determine, to be reasonably necessary to protect the costs of construction on any highway or related project
life and health of employees on the job and the safety of submitted for approval to the Secretary of
the public and to protect property in connection with the Transportation; or
performance of the work covered by the contract. Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to
2. It is a condition of this contract, and shall be made a the character, quality, quantity, or cost of any work
condition of each subcontract, which the contractor enters performed or to be performed, or materials furnished or
into pursuant to this contract, that the contractor and any to be furnished, in connection with the construction of any
subcontractor shall not permit any employee, in highway or related project approved by the Secretary of
performance of the contract, to work in surroundings or Transportation; or
Whoever knowingly makes any false statement or false a. By signing and submitting this proposal, the
representation as to material fact in any statement, certificate, prospective primary participant is providing the
or report submitted pursuant to provisions of the Federal-aid certification set out below.
Roads Act approved July 1, 1916, (39 Stat. 355), as amended
and supplemented; b. The inability of a person to provide the
Shall be fined not more that $10,000 or imprisoned not more certification set out below will not necessarily
than 5 years or both." result in denial of participation in this covered
transaction. The prospective participant shall
X. IMPLEMENTATION OF CLEAN AIR ACT AND submit an explanation of why it cannot provide
FEDERAL WATER POLLUTION CONTROL ACT
the certification set out below. The certification
(Applicable to all Federal-aid construction contracts and to all or explanation will be considered in connection
related subcontracts of $100,000 or more.) with the department or agency's determination
whether to enter into this transaction. However,
By submission of this bid or the execution of this contract, or failure of the prospective primary participant to
subcontract, as appropriate, the bidder, Federal-aid furnish a certification or an explanation shall
construction contractor, or subcontractor, as appropriate, will disqualify such a person from participation in
be deemed to have stipulated as follows: this transaction.
1. That any facility that is or will be utilized in the c. The certification in this clause is a material
performance of this contract, unless such contract is representation of fact upon which reliance was
exempt under the Clean Air Act, as amended (42 U.S.C. placed when the department or agency
1857 et seq., as amended by Pub.L. 91-604), and under determined to enter into this transaction. If it is
the Federal Water Pollution Control Act, as amended (33 later determined that the prospective primary
U.S.C. 1251 et seq., as amended by Pub.L. 92-500), participant knowingly rendered an erroneous
Executive Order 11738, and regulations in certification, in addition to other remedies
implementation thereof (40 CFR 15) is not listed, on the available to the Federal Government, the
date of contract award, on the U.S. Environmental department or agency may terminate this
Protection Agency (EPA) List of Violating Facilities transaction for cause of default.
pursuant to 40 CFR 15.20.
d. The prospective primary participant shall provide
2. That the firm agrees to comply and remain in compliance immediate written notice to the department or
with all the requirements of Section 114 of the Clean Air agency to whom this proposal is submitted if any
Act and Section 308 of the Federal Water Pollution time the prospective primary participant learns
Control Act and all regulations and guidelines listed that its certification was erroneous when
thereunder. submitted or has become erroneous by reason of
3. That the firm shall promptly notify the SHA of the receipt
of any communication from the Director, Office of e. The terms "covered transaction," "debarred,"
Federal Activities, EPA, indicating that a facility that is or "suspended," "ineligible," "lower tier covered
will be utilized for the contract is under consideration to transaction," "participant," "person," "primary
be listed on the EPA List of Violating Facilities. covered transaction," "principal," "proposal,"
and "voluntarily excluded," as used in this
4. That the firm agrees to include or cause to be included the clause, have the meanings set out in the
requirements of paragraph 1 through 4 of this Section X in Definitions and Coverage sections of rules
every nonexempt subcontract, and further agrees to take implementing Executive Order 12549. You may
such action as the government may direct as a means of contact the department or agency to which this
enforcing such requirements. proposal is submitted for assistance in obtaining
a copy of those regulations.
XI. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY f. The prospective primary participant agrees by
EXCLUSION submitting this proposal that, should the
proposed covered transaction be entered into, it
1. Instructions for Certification - Primary Covered shall not knowingly enter into any lower tier
Transactions: covered transaction with a person who is
debarred, suspended, declared ineligible, or
(Applicable to all Federal-aid contracts - 49 CFR 29) voluntarily excluded from participation in this
covered transaction, unless authorized by the
department or agency entering into this transaction. rendered against them for commission of fraud or
a criminal offense in connection with obtaining,
g. The prospective primary participant further agrees by attempting to obtain, or performing a public
submitting this proposal that it will include the clause (Federal, State or local) transaction or contract
titled "Certification Regarding Debarment, under a public transaction; violation of Federal
Suspension, Ineligibility and Voluntary Exclusion- or State antitrust statutes or commission of
Lower Tier Covered Transaction," provided by the embezzlement, theft, forgery, bribery,
department or agency entering into this covered falsification or destruction of records, making
transaction, without modification, in all lower tier false statements, or receiving stolen property;
covered transactions and in all solicitations for lower
tier covered transactions. c. Are not presently indicted for or otherwise
criminally or civilly charged by a governmental
h. A participant in a covered transaction may rely upon entity (Federal, State or local) with commission
a certification of a prospective participant in a lower of any of the offenses enumerated in paragraph
tier covered transaction that is not debarred, 1b of this certification; and
suspended, ineligible, or voluntarily excluded from
the covered transaction, unless it knows that the d. Have not within a 3-year period preceding this
certification is erroneous. A participant may decide application/proposal had one or more public
the method and frequency by which it determines the transactions (Federal, State or local) terminated
eligibility of its principals. Each participant may, but for cause or default.
is not required to, check the nonprocurement portion
of the "Lists of Parties Excluded From Federal Where the prospective primary participant is unable
Procurement or Nonprocurement Programs" to certify to any of the statements in this certification,
(Nonprocurement List) which is compiled by the such prospective participant shall attach an
General Services Administration. explanation to this proposal.
i. Nothing contained in the foregoing shall be construed
to require establishment of a system of records in 3. Instructions for Certification - Lower Tier Covered
order to render in good faith the certification required Transactions:
by this clause. The knowledge and information of
participant is not required to exceed that which is (Applicable to all subcontracts, purchase orders and
normally possessed by a prudent person in the other lower tier transactions of $25,000 or more - 49
ordinary course of business dealings. CFR 29)
j. Except for transactions authorized under paragraph f a. By signing and submitting this proposal, the
of these instructions, if a participant in a covered prospective lower tier is providing the
transaction knowingly enters into a lower tier covered certification set out below.
transaction with a person who is suspended, debarred,
b. The certification in this clause is a material
ineligible, or voluntarily excluded from participation
representation of fact upon which reliance was
in this transaction, in addition to other remedies
placed when this transaction was entered into. If
available to the Federal Government, the department
it is later determined that the prospective lower
or agency may terminate this transaction for cause or
tier participant knowingly rendered an erroneous
certification, in addition to other remedies
***** available to the Federal Government, the
2. Certification Regarding Debarment, Suspension, department, or agency with which this
Ineligibility and Voluntary Exclusion--Primary Covered transaction originated may pursue available
Transactions remedies, including suspension and/or
The prospective primary participant certifies to the best of
its knowledge and belief, that it and its principals: c. The prospective lower tier participant shall
provide immediate written notice to the person to
a. Are not presently debarred, suspended, proposed for
which this proposal is submitted if at any time
debarment, declared ineligible, or voluntarily
the prospective lower tier participant learns that
excluded from covered transactions by any Federal
its certification was erroneous by reason of
department or agency;
b. Have not within a 3-year period preceding this
proposal been convicted of or had a civil judgement
d. The terms "covered transaction," "debarred," pursue available remedies, including suspension
"suspended," "ineligible," "primary covered and/or debarment.
transaction," "participant," "person," "principal,"
"proposal," and "voluntarily excluded," as used in
4. Certification Regarding Debarment, Suspension,
this clause, have the meanings set out in the
Ineligibility and Voluntary Exclusion--Lower Tier
Definitions and Coverage sections of rules
implementing Executive Order 12549. You may
contact the person to which this proposal is submitted
for assistance in obtaining a copy of those a. The prospective lower tier participant certifies,
regulations. by submission of this proposal, that neither it nor
its principals is presently debarred, suspended,
e. The prospective lower tier participant agrees by proposed for debarment, declared ineligible, or
submitting this proposal that, should the proposed voluntarily excluded from participation in this
covered transaction be entered into, it shall not transaction by any Federal department or agency.
knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, b. Where the prospective lower tier participant is
declared ineligible, or voluntarily excluded from unable to certify to any of the statements in this
participation in this covered transaction, unless certification, such prospective participant shall
authorized by the department or agency with which attach an explanation to this proposal.
this transaction originated. *****
f. The prospective lower tier participant further agrees XII. CERTIFICATION REGARDING USE OF
by submitting this proposal that it will include this CONTRACT FUNDS FOR LOBBYING
clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion- (Applicable to all Federal-aid construction contracts and
Lower Tier Covered Transaction," without to all related subcontracts which exceed $100,000 - 49
modification, in all lower tier covered transactions CFR 20)
and in all solicitations for lower tier covered
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or
g. A participant in a covered transaction may rely upon her knowledge and belief, that:
a certification of a prospective participant in a lower
a. No Federal appropriated funds have been paid or
tier covered transaction that is not debarred,
will be paid, by or on behalf of the undersigned,
suspended, ineligible, or voluntarily excluded from
to any person for influencing or attempting to
the covered transaction, unless it knows that the
influence an officer or employee of any Federal
certification is erroneous. A participant may decide
agency, a Member of Congress, an officer or
the method and frequency by which it determines the
employee of Congress, or an employee of a
eligibility of its principals. Each participant may, but
Member of Congress in connection with the
is not required to, check the Nonprocurement List.
awarding of any Federal contract, the making of
h. Nothing contained in the foregoing shall be construed any Federal grant, the making of any Federal
to require establishment of a system of records in loan, the entering into of any cooperative
order to render in good faith the certification required agreement, and the extension, continuation,
by this clause. The knowledge and information of renewal, amendment, or modification of any
participant is not required to exceed that which is Federal contract, grant, loan, or cooperative
normally possessed by a prudent person in the agreement.
ordinary course of business dealings.
b. If any funds other than Federal appropriated
i. Except for transactions authorized under paragraph e funds have been paid or will be paid to any
of these instructions, if a participant in a covered person for influencing or attempting to influence
transaction knowingly enters into a lower tier covered an officer or employee of any Federal agency, a
transaction with a person who is suspended, debarred, Member of Congress, an officer or employee of
ineligible, or voluntarily excluded from participation Congress, or an employee of a Member of
in this transaction, in addition to other remedies Congress in connection with this Federal
available to the Federal Government, the department contract, grant, loan, or cooperative agreement,
or agency with which this transaction originated may the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon modified, he shall promptly notify the State
which reliance was placed when this transaction was made Employment Service.
or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction 3. The contractor shall give full consideration to all
imposed by 31 U.S.C. 1352. Any person who fails to file qualified job applicants referred to him by the State
the required certification shall be subject to a civil penalty Employment Service. The contractor is not required
of not less than $10,000 and not more than $100,000 for to grant employment to any job applicants who, in his
each such failure. opinion, are not qualified to perform the classification
of work required.
3. The prospective participant also agrees by submitting his
or her bid or proposal that he or she shall require that the 4. If, within 1 week following the placing of a job order
language of this certification be included in all lower tier by the contractor with the State Employment Service,
subcontracts, which exceed $100,000 and that all such the State Employment Service is unable to refer any
recipients shall certify and disclose accordingly. 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
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR
be made a part of the contractor's permanent project
(Applicable to Appalachian contracts only.) records. Upon receipt of this certificate, the
contractor may employ persons who do not normally
1. During the performance of this contract, the contractor reside in the labor area to fill positions covered by the
undertaking to do work which is, or reasonably may be, certificate, notwithstanding the provisions of
done as on-site work, shall give preference to qualified subparagraph 1c above.
persons who regularly reside in the labor area as
designated by the DOL wherein the contract work is 5. The contractor shall include the provisions of
situated, or the subregion, or the Appalachian counties of Sections 1 through 4 of this Attachment A in every
the State wherein the contract work is situated, except: subcontract for work which is, or reasonably may be,
done as on-site work.
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
United States Department of Transportation - Federal Highway
Administration – Infrastructure
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 he
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
PREVAILING MINIMUM WAGE (DAVIS-BACON)
For this Contract, payment of predetermined minimum wages applies.
The Department of Labor Wage Rates applicable to this Contract are listed in Wage Rate
Decision Number(s) FL030038 (attached) as modified up through ten days prior to the opening of bids.
Obtain the applicable General Decision(s) (Wage Tables) through the Department’s web site and
ensure that employees receive the minimum wages applicable. Review the General Decisions for all
classifications necessary to complete the project. Request additional classifications through the
Engineer’s office when needed.
When multiple wage tables are assigned to a Contract, general guidance of their use and
examples of construction applicability is available on the Department’s web site. Contact the
Department’s Wage Rate Coordinator before bidding if there are still questions concerning the
applicability of multiple wage tables. The URL for obtaining the Wage Rate Decisions is
Contact the Department’s Wage Rate Coordinator at (850) 414-4251 if the Department’s web site
cannot be accessed or there are questions.
General Decision Number FL030038
Superseded General Decision No. FL020038
ALACHUA DUVAL ST JOHNS
BRADFORD MARION VOLUSIA
EXCLUDING CAPE KENNEDY FLIGHT CENTER AND CAPE CANAVERAL
AIR FORCE STATION
HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
ALACHUA DUVAL ST JOHNS
BRADFORD MARION VOLUSIA
CONCRETE FINISHER 9.26
FENCE ERECTOR 7.11
FORM SETTER 8.32
GUARDRAIL ERECTOR 10.46
Air tool operator 8.56
Asphalt raker 6.49
POWER EQUIPMENT OPERATORS:
Asphalt distributor 6.62
Asphalt paving machine 7.31
Asphalt screed 6.88
Concrete curb machine 8.42
Concrete Groover/Grinder 9.88
Concrete Paving Finish Machine 8.50
Concrete Pump 14.35
Concrete joint saw 10.15
Crane, Derrick, or Dragline 11.50
Front end loader 7.90
Guardrail Post Driver 11.76
Milling machine 8.50
Milling Machine Grade checker 7.64
Motor grader 9.96
Mulching Machine 6.60
Oiler, grease man 7.48
Pavement Striping Machine Nozzleman 7.82
Pavement striping machine 8.51
Piledriver leadsman 11.99
Power Subgrade Mixer 7.57
Pump operator 12.49
Self-Prop. rubber tires 6.49
Small Tool Op. 6.86
Tractor, light 6.49
Trenching machine 7.25
Widening Spreader Machine 7.25
SIGN ERECTORS 11.01
Single Rear Axle 6.55
Multi-Rear Axle 6.61
TRAFFIC CONTROL SPECIALIST 7.44
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5(a)(1)(ii)).
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
6-12.2 Source of Supply Steel (Federal-Aid Contracts Only): For Federal-aid Contracts, only use
steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFR
635.410, as amended. Ensure that all manufacturing processes for this material occur I the United States. As
used in this specification, a manufacturing process is any process that modifies the chemical content,
physical shape or size, or final finish of a product beginning with the initial melding and mixing and
continuing through the bending and coating stages. A manufactured steel or iron product is complete only
when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is
taken outside the United States for any process, it becomes foreign source material. When using steel and
iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, pre-
stressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may
use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed
0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all
steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items
that the Contractor uses but does not incorporate into the finished work Provide a certification from the
producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron
furnished or incorporated into die furnished product was manufactured in the United States in accordance
with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as
amended. Such Certification shall also include (1) a statement that the product was produced entirely within
the United States, or (2) a statement that the product was produced within the United States except for
minimal quantities of foreign steel and iron values at $(actual value). Furnish each such certification to the
Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on
a project, furnish invoices tot document the cost of such material, and obtain the Engineer’s written
approval prior to incorporating the material into the project.
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
The FDOT and the City of Gainesville encourage all contractors to actively pursue obtaining bids and
quotes from Certified DBEs. The FDOT’s DBE Program Plan can be found at:
ANTICIPATED DBE PARTICIPATION STATEMENT
The Anticipated DBE Participation Statement, attached hereto, shall be completed and submitted, after
award, by the proposer, at the pre-design conference. The Statement must only include companies certified
as a DBE. The Statement can and should be updated when additions or deletions are made through the life
of the contract. The DBE firm(s) named by the contractor in the Anticipated DBE Participation Statement
shall be certified as a DBE firm in order to be counted as a DBE. To verify whether a firm is certified as a
DBE for the work being performed, the contractor must refer to the DBE Directory published by the FDOT
Equal Opportunity Office on the Internet at www.dot.state.fl.us/equalopportunityoffice/. If the Internet is
not available, call the Equal Opportunity Office for verification at (850) 414-4747. Some of the firms
contained in the database are FDOT certified DBEs. The Small Business Development Coordinator, (352)
334-5012, will assist proposers in obtaining information about, and contacting, locals (who may also be
To comply with federal changes in the DBE Program, the FDOT is also collecting actual payments made to
subcontractors in addition to the planned utilization. The contractor is required to report, through the EOR
System on the Internet at www.dot.state.fl.us/equalopportunityoffice/, data on actual payments, retainage,
minority status, and the type of work of all subcontractors and major suppliers each month.
A Bidder/Proposer shall not terminate for convenience an approved Subcontractor or Material Supplier,
including a DBE Subcontractor or Material Supplier, and then perform the Work or provide the Materials
of the terminated subcontract within its own forces or those of an affiliate, without the prior consent of the
City of Gainesville.
The following steps are suggested to assist in maximizing participation by DBEs.
a. Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings,
advertising and/or written notices) the interest of all qualified DBEs who have the capability to
perform the Work or provide Materials needed to complete the project. The Bidder/Proposer
should solicit this interest within sufficient time to allow the DBEs to respond to the solicitation.
The Bidder/Proposer should determine with certainty if the DBEs are interested by taking
appropriate steps to follow-up the initial solicitations.
b. Selecting portions of the Work to be performed or portions of the Materials to be provided by
DBEs in order to increase the likelihood that DBEs participation is maximized. This includes,
where appropriate, breaking out contract Work items or Material items into economically feasible
units to facilitate DBEs participation, even when the prime contractor might otherwise prefer to
perform these Work items or provide these Material items with its own forces.
c. Providing interested DBEs with adequate information about the plans, specifications and
requirements of the contract in a timely manner to assist the DBEs in responding to a solicitation.
d. (1) Negotiating in good faith with interested DBEs. The Bidder’s/Proposer should try to
make a portion of the Work or Materials available to the DBE Subcontractors and
Material Suppliers and to select those portions of the Work or Material needed consistent
with the available DBEs Subcontractors and Material Suppliers, so as to facilitate DBEs
participation. Evidence of such negotiation would include the names, addresses and
telephone numbers of DBEs that were considered; a description of the information
provided regarding the plans and specifications for the Work or Materials selected for
subcontracting; and evidence as to why additional agreements could not be reached for
DBEs to perform the Work or provide the Materials.
(2) A Bidder/Proposer using good business judgment would consider a number of factors in
negotiating with Subcontractors and Material Suppliers, including DBEs Subcontractors
and Material Suppliers, and would take a firm’s price and capabilities into consideration.
However, the fact that there may be some additional costs (which can be minimized
through the assistance of the Small Business Procurement Program office (352-334-
5027)) involved in finding and using DBEs is not in itself sufficient reason for a
Bidder/Proposer’s failure to seek to maximize the use of DBEs as long as such costs are
reasonable and may be offset by other less tangible benefits. Bidder/Proposers are not,
however, required to accept higher quotes from local DBEs if the price difference is
excessive or unreasonable or the DBEs are not qualified to perform the Work.
e. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as
required by the City of Gainesville or Bidder/Proposer.
f. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, Materials, or
related assistance and services.
g. Effectively using the services of available minority/women/small business community
organizations; minority/women/small contractors’ groups; local, state, and Federal
minority/women/small business assistance offices; and other organizations as allowed on a case-
by-case basis to provide assistance in the recruitment and placement of minority/women/small
AMERICANS WITH DISABILITY ACT (ADA)
1. Civil Rights
The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and
Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate
against any employee or applicant for employment because of race, color, creed, national
origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable
Federal implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332,
the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e
note), and with any applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in the course of the
Project. The Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, color, creed, national origin, sex, or age. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the
Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to
identify the affected parties.
PROHIBITION AGAINST CONVICT PRODUCED MATERIALS
Source of Supply – Convict Labor (Federal-Aid Contracts Only): Do not use materials that
were produced after July 1, 1991, by convict labor for Federal-aid highway construction projects unless the
prison facility has been producing convict-made materials for Federal-aid highway construction projects
before July 1, 1987.
Use materials that were produced prior to July 2, 1991, by convicts on Federal-aid highway
construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The
Department will limit the use of materials produced by convict labor for use in Federal-aid highway
construction projects to:
1. materials produced by convicts on parole, supervised release, or probation from a
2. materials produced in a qualified prison facility.
The amount of such materials produced for Federal-aid highway construction during any 12-month
period shall not exceed the amount produced in such facility for use in such construction during the
12-month period ending July 1, 1987.
CITY OF GAINESVILLE
PURCHASING DIVISION SURVEY
BID #: PWWM080081-DH DUE DATE: June 30, 2008
SEALED PROPOSAL ON: Debris Management Monitoring Services
IF YOU DO NOT BID
Please check the appropriate or explain:
__________ 1. Not enough bid response time.
__________ 2. Specifications not clear.
__________ 3. Do not submit bids to Municipalities.
__________ 4. Current work load does not permit time to bid.
__________ 5. Delay in payment from Governmental agencies.
__________ 6. Do not handle this item.
__________ 7. Other: ____________________________________
Are you a minority business? yes__________ no__________
Rev. local pref. 10/1/04;7/25/05;10/05;4/06;10/06;3/07
This form Document No. P04-213 is a legal
instrument approved by the City Attorney. Any
deviations from its intended use should be
authorized by the City Attorney