Fort Walton Beach Council agenda — 07-23-13--special---alconese rezoning — reading text

employees, agents, and subcontractors will abide by each of these MSR' s. Contractor agrees that these MSR' s will be included and made part of each and every subcontract for work performed under this contract. Contractor further agrees that any breech of the MSR' s, subject to the findings of an investigation by Transfield Services, may result in a default and termination by Transfield Services of this contract, at the sole discretion of Transfield Services. Contractor agrees to cooperate with, and participate in Transfield Services investigation of any breach or alleged breach of these MSR' s and to promptly report any breach or alleged breach of these MSR' s to Transfield Services Project /Contract Manager. Any questions regarding these MSR' s should be directed to the Transfield Services Project /Contract Manager. 10. ENVIRONMENTAL AND EROSION AND SEDIMENT CONTROL REGULATIONS: The Contractor shall be aware of and conform to all Federal, State and Local statutes, laws, rules, regulations and requirements concerning environmental permits and erosion and sediment plans and the proper construction of same. The Contractor shall be especially aware of the following requirements: A. Discharges of any kind into waters, wetlands, or floodplains are not permitted, unless those discharges are properly permitted or certified to meet water quality standards. B. Discharges of lead based paint into the atmosphere or onto the ground is not permitted. A waste removal system certified by an Industrial Hygienist shall be utilized. This is required in the Environmental Protection and Disposal of Material payment items if included in the Special Provisions. C. Silt fencing shall be erected as required around all areas prior to where the land will he disturbed. 0n D. Check dams, sediment basins, and /or hay bale filters as required are to be LL utilized to prevent silt and sediment from leaving the work area. E. Disturbed areas shall be restored as soon as possible. CdE uN F. Containment or collection systems are required, when performing any a concrete work over water. Contract if 4600001084- Page 11 of 17  4. 1. a G. Additional actions may be necessary depending on the extent of work, weather and local conditions. H. Proper manifests and /or receipts from certified landfills, shall be submitted for all waste materials removed from the site. I. When the Contractor' s operations encounter or expose any abnormal condition which may indicate the presence of a hazardous substance, toxic waste, or pollutants such operations shall be discontinued in the vicinity of the abnormal condition and Transfield Services shall be notified immediately. The presence of tanks or barrels; discolored earth, metal, wood, groundwater, etc.; visible fumes; abnormal odors; excessively hot earth; smoke; vapors; asbestos; or other conditions which appear abnormal may be indicators of hazardous or toxic wastes or pollutants and shall be treated with extraordinary caution. If the need for any remediation of the work site becomes apparent while the contract work is underway and such work items are not specifically included in the Special Provisions, the Contractor shall immediately notify Transfield Services Transfield Services may solicit a price, and if accepted, issue a Supplemental Agreement prior to commencement of needed remediation work. 11. ASSIGNMENT: The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the Contract, in whole or in part, or of any right, title or interest therein without the express written authorization from Transfield Services 12. KEY PERSONNEL: The Contractor shall provide a list of Key Personnel who will oversee performance of the work. The Key Personnel list shall contain phone numbers, fax numbers, cell phone number and pager numbers. This list may also be provided to DOT, as appropriate. 13. SUPPLEMENTAL AGREEMENTS: Work required in excess of the contract amount involving additional work items, work quantities or unit price changes shall require a written Supplemental Agreement. Such work shall not begin until a Supplemental Agreement has been executed by Transfield Services and the Contractor. The Contract may only be changed or modified by a Supplemental Agreement properly executed by both parties. 14. COMMUNICATION WITH FOOT: Neither the Contractor nor any of its representatives may communicate directly with DOT or any of its employees, agents or representatives regarding the work, without the prior written approval of Transfield Services All contact, communication and dealings with DOT and its employees, agents or representatives by the Contractor shall be solely through Transfield Services or its designated representative. The Contractor will utilize its best efforts to refer inadvertent inquires from DOT to Transfield Services 15. TERMINATION OR SUSPENSION: Transfield Services reserves the right to terminate or suspend the Contract, in whole or in part, because of unsatisfactory work, work progress, non -responsiveness, unsafe conditions, failure to comply with contract provisions, for Convenience of Transfield Services or when it is deemed in the best interests of Transfield Services Transfield Services may terminate the Contractor (with written notice and time to cure), should the Contractor fail to perform. Transfield Services may award the work to another subcontractor without notice if the work is of an urgent nature. Transfield Services' use of other Subcontractors to complete the contracted work may result in Contract # 4600001084- Page 12 of 17 Paeket' Py. 19 ":.  Z1.a Transfield Services back- charging the Contractor. The Contractor may terminate the contract only for non -payment, with seven day Notice to Cure, provided there is no dispute of the amount due the Contractor. 16. CONTRACTOR LIENS: All liens, claims, and charges against Transfield Services shall not attach to any interest of DOT' s Transportation Facilities. 17. ANTI -DISCRIMINATION CLAUSE: The Contractor shall ( 1) comply with all federal and state statutes, local laws, rules, regulations and ordinances applicable to the work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, gender, national origin, age, disability or other protected categories in the performance of work under this Agreement; and ( 2) shall include a similar clause in every subcontract, except subcontracts for standard commercial supplies or raw materials. The Contractor shall review the Transfield Services policy on Minority and Women Business Enterprises, Attachment B. 18. MINIMUM WAGE: The Contractor shall affirm that all its employees, contract labor and subcontractor employees of any tier will be paid not less than the State / Federal Minimum Wage set forth in 29 CFR paragraph 206; and / or if applicable the current Davis -Bacon Act or Service Contract Act Wages ( and benefits). 19. NOTIFICATION OF CRIME CONVICTION: The Contractor shall notify Transfield Services within thirty (30) days after conviction of a violation of state or federal antitrust laws with respect to a public contract or any violation of any state or federal law involving fraud, bribery, collusion, conspiracy, or material misrepresentation with respect to a public contract ( "Contract Crime ") applicable to any of its officers, directors, executives, shareholders active in management, employees or agents of its affiliates as further provided for in Section 287. 117 F. S. 20. COMPLIANCE WITH LAWS: No A. The Contractor agrees that it shall make no statements, press or publicity releases concerning this Agreement or its subject matter or otherwise disclose or permit to m be disclosed any data or other information obtained or furnished in compliance with this Agreement, or any particulars thereof, during the period of the Agreement, UG without first notifying the TRANSFIELD SERVICES Project Manager and receiving its m written consent. The Contractor also agrees that it shall not publish, copyright or u patent any of the ideas, or data developed under this Agreement, it being understood that such ideas, data or information is a " work for hire" and the vi property of the FDOT and /or Transfield Services v B. The Contractor agrees that it and it' s employees shall be bound by the standards of conduct provided in applicable Florida Statutes as they relate to work performed ` under this Agreement. The Contractor further covenants and agrees that if the Contractor employs a former state employee, the Contractor shall require that strict adherence by the former state employee to Florida Statutes, is a condition of ri employment for said former state employee. The Contractor agrees to incorporate N the provisions of this paragraph in any subcontract into which it might enter with y reference to the work performed pursuant to this Agreement. C. TRANSFIELD SERVICES shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and E r Nationality Act. If the Contractor knowingly employees unauthorized aliens, such m violation shall be cause for unilateral cancellation of this agreement. a 21. CONTRACTOR STANDING: Please declare in writing, if your firm, sub -consultant, or any person associated therewith in the capacity of owner, partner, director, officer or any position involving the administration of federal funds: Contract It 4600001084- Page 13 of 17  4.t. a A. Is currently under suspicion, debarment, voluntary exclusion or determination of ineligibility by any federal agency. B. Has been suspended, debarred, voluntarily excluded or