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Item C32County off Monroe ELj »moo � i G�, � BOARD OF COUNTY COMMISSIONERS /� ri � �� Mayor George Neugent, District 2 The Florida. Ke Sew', y i Mayor Pro Tern David Rice, District 4 ; -== :'„ j y Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting May 17, 2017 Agenda Item Number: C.32 Agenda Item Summary #2948 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Chris Rivera (305) 292-4523 N/A AGENDA ITEM WORDING: Approval of a resolution of the Board of County Commissioners of Monroe County, Florida, approving a Local Agency Program Agreement (LAP) between State of Florida, Department of Transportation and Monroe County for funding to construct a Lower Keys Scenic Viewing Area located at the Big Pine Swimming Hole. Approval of the Local Agency Program Agreement. Approval to publish an RFP for construction services. The total estimated construction costs of $1,400,000 will be paid by the $900,000 LAP grant and additional funds approved by the BOCC with the 2014 capital budget. ITEM BACKGROUND: In order to enter the construction phase of the development of the Lower Keys Scenic Viewing Area (Big Pine Swimming Hole), Monroe County needs a 1) Rresolution of approval for the $900,000 construction LAP agreement with FDOT; 2) Approval of the LAP agreement; and 3) Approval to publish the RFP for construction services. PREVIOUS RELEVANT BOCC ACTION: 3-15-2017 - BOCC approved an Assignment and Assumption Agreement for the acquisition of Littlejohn Engineering by its mother company S&ME. 12-14-16 - The BOCC approved a second amendment for $49,500.00. 10-21-15 - BOCC approved a first amendment in the amount of $6,500.00. 1- 21-15 - The County approved to enter into negotiation with Littlejohn Engineering Associates, the top ranked respondent to an RFQ. After negotiations, a successful contract in the amount of $100,000.00 was achieved. 10-17-14 — Approval to advertise an RFQ for the design of a scenic overlook. 9-17-14 — Approval of an FDOT LAP agreement in the amount of $100,000.00 for design services. 1-14-14 — Approval of a sublease agreement with the FDEP for use of the "Big Pine Swimming Hole." 9-12-13 — Approval of the FY 2014 budget authorizing $1,000,000.00 in capital improvements. CONTRACT/AGREEMENT CHANGES: Big Pine Swimming Hole LAP Resolution STAFF RECOMMENDATION: Approval of a LAP Agreement. Approval of a Resolution. Approval to advertise RFP for construction. DOCUMENTATION: Resolution with exhibits (legal stamped) LAP Agreement with exhibits - construction phase (legal stamped) FINANCIAL IMPACT: Effective Date: May 17, 2017 Expiration Date: Total Dollar Value of Contract: Total Cost to County: $500,000. Current Year Portion: Budgeted: Yes Source of Funds: 304 FY2018 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No Grant: FDOT County Match: YES Insurance Required: Additional Details: If yes, amount: $1,000,000.00 $1000 for RFP advertising 10/01/17 304-25000 - CULTURE & RECREATION PRO $500,000.00 CC 1701 REVIEWED BY: Ann Mytnik Completed 05/03/2017 3:56 PM Doug Sposito Completed 05/03/2017 4:18 PM Patricia Eables Completed 05/03/2017 4:23 PM Budget and Finance Completed 05/03/2017 4:24 PM Maria Slavik Completed 05/03/2017 4:28 PM Kathy Peters Completed 05/03/2017 4:32 PM Board of County Commissioners Pending 05/17/2017 9:00 AM ig `uopnloseU `;uGwGGJBV dV-1 a 10 lenoaddV : 8b66 (pedwe;s leBel) s;igiyxe y;inn uopnioseU :;u9wt4oe;;V ■ 1 i 1 �1;,"i i i � " ' i 1 • i i; ir. M �Mi i r • 1 " 1 1 D , i WHEREWHEREAS, the Board of County Commissioners of Monroe County, Floridi hereinafter the "COUNTY". has jurisdiction over and maintains parks in the County; am WHEREAS, the State or Florida, Department of Transportation, hereinafter th "DEPARTMENr', has agreed to have the COUNTY design and construct Lower Ke) Scenic Viewing Area at Big Pine Swimming Hole, hereinafter rererred to as th 'PROJECT', the individual elements of which are outlined in the attached Exhibit "'A' 'Scope of Services', which is herein incorporated by reference; and WHEREAS, the DEPARTMENT has programmed runding for the PROJEC eligible PROJECT costs up to a maximum limiting amount, as outlined in the attache Exhibit "B", 'Method or Compensation", which is herein incorporated by reference; and i agreed to supervise and inspectall aspects WHEREAS,PROJECT construction and administration; and theparties !.mutuallyrecognize the need for • 4 designatingAgreement isettingforthi# / of each party; and WHEREAS,parties # • 1enter intothis Agreementpursuant It. Section and " Florida Statutes NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida, that: i� # y � �� ■ i 1 ■', i1 ' /' i i I 1 ■ :S ■ y • ■ - �# ■,,, - 1 y ! M is 1,. SECTION 2: Upon execution, this Resolution shall be marked as Exhibit "F" and made part ofthc Local Agency / • LAP Agrccmcnt May 17,2017 1p luopnloseU ';uGwGGJBV dV-1 e 10 leAOjddV : 8V66 (pedwe;s je6el) s;!q!t4xe t4;!m uopnioseU :;u9wt4oe;;V Mayor George Neugent Mayor Pro 'rem David Rice Commissioner Danny L. Kolliage Corm-nissionet-Heather Carruthers Commissioner Sylvia J. Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By................................ . ---------- Deputy Clerk Mayo r/Cha i rperson a I I I PATRICIA EABLES ASSISTANT COUNTY ATTORNEY DATE: SR/5.;0verseas. Heritage Trait & Scenic I-figimay Vistas LAI' Agreement May 17, 2017 1p luopnloseU ';uGwGGJBV dV-1 e 10 leAOjddV : 8V66 (pedwe;s leBel) s;!q!t4xe t4;!m uopnioseU :;u9wt4oe;;V STAT5 OF rLOPIDA tv�PAR,'PJ�NT OFF MMISKORTA LOCAL AGENCY PROGRAM AGREEMENT PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of the Local Agency Program Agreement between 0 e tam of Florida, Del-Marturient 09 Transportation and Monroe County. Board Of County Commissioners PROJECT LOCATION, The project is on the National Highway System E11-he project is on the State Highway System, PROJECT LENGTH AND MILE POST LIMITS Project is located between mile marker 29 and mile marker 30 Project is approximatly 450 feet along US1 PRO J'E*C'f' DESCRIPTION, Design a scenic DUI on including information kiosk, restrooms. parking, lanscaping. a boardwalk with an overtook adjacent to US1 near North Pine Channel, SPECIAL CONSIDERATIONS BY AGENCY. The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the ferreting action from any other Source with respect to the project, The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting w-th the Department, and notify the Department prior to commencement of any right-of-way activities The Agency shall commence the project's activitias, subsequent 13 the execution of this Agreement and shall Perform in accordance with the following schedule; a) Design to be completed by June 30 2017 b) Right-of-Vklay requirements identified and provided to the Department by June 30, 2017. c) Right -of -Way to be certified by June 30, 2017. d) ConstrUGUM-1 contract to be let by August 16: 2017. a) Construction to be completed by September 30, 20 i 8 If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding SPECIAL CONSIDERATIONS BY DEPARTMENT: NIA 1p luopnjoseU ';uGwGGJBV dV-1 e 10 leAOjddV : 8V6Z) (pedwe;s leBal) s;!q!t4xe t4;!m uopnioseU :;u9wt4oe;;V LOCAL AGENCY PROGRAM AGREEMENT SCHEDULE OF FUNDING AGENCY NAME A BILUNG ADDRESS Monroe County FPN: 435511-1 Monroe County BOCC 1100 Sini ontorl. Street Key West FI 33040 FUNDING YPE WORK IS fiscal Year TOF y 0) TOTAL. (2) 114) PROUE'UT FUNDS L,OCALFUNDS STA­HEF'UNDS---- FE-DERALFUNDS lanning-18 FY, rY� - - - - FY: Tolal Plarming Cost roject Covolopincoit A Env4onmont (P[)&E) - 20 FY: FY: FY: . .............. . ......... ...... Tola� PD&E Cost usign - 38 F Y: FY, F Y Trial 0 sJ t .............. Ilight-of-Way - 48 FY FY FY 'Total R:01-of-Way C:isl :.onstruction-58 FY 17i L 5 -5 1'. Q) ........ .. . ..... F Y F Y FY- CU Total ISIFUCHOn Cost S L350,000 850,000 'onstruction Engliworing and Inspoction (CEI) - 68 5 C FY: '17,118 -00 Fy. — FY - .. . ...... .............. Tolif CEi Cost S50,000 a 5 j,0 (11 a Dpc D rations - 88 Fy: FY F Y viol Oaerat:ons Costs TOTAL COST OF THE PROJECT S 900 0130 S900,000 The Dep ArtT n ern's fiscal year beg ins on Ju IF 1, For this project. funds are not projected 'to be available ur%lil after the lot of July of eac:,fmcalyea:-.T!,,eDepart$TieTi'wii notify the Agency, in writing wtoin loads are available. e 10 leAoiddV : 066 (pedwe;s leBal) aset4d uoi;onj;suoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;uGwt43e;;V STATE OF FLORDA DEPARTMENT OF 0MSPORTATION 62$Oio-40 0 C AL PROGRAM MANAGEMENT AGENCY PROGRAM AGREEMENT OOG­ Pago I of 15 FPN: 435511FPN: Federal No (FAIN): D617-046-13 Federal No (FAIN): Federal No (FAIN): Federal Award Date, Federal Award Date: Federal Award Date, Fund: Fund: Fund: Org Code: Org Code: Org Code: FLAIR Approp: FLAIR Approp: FLAIR Approp: County No-.2gjMonroe Contract No, Local Agency Vendor No: Yfq,96000749-114 Local Agency DUNS No: Q73876757 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction ........ . ...... ........... ...... exp re on Ine Jast ay of me scReaulea completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 4. Project Cost - A. The total cost of the Project is $ goo 000 This amount is based upon the schedule of funding in Exhibit *6', Schedule of Funding attached to and incorporated in this Agreement. The Agency agrees to bear all expenses in excess of the total cost of the Project and any deficits Involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 5.1. B. The Department agrees to participate in the Project cost up to the maximum amount of $20Q,QQO and as more fully described in Exhibit W. This amount includes Federal -aid funds which are limited to the actual amount of Federal -aid participation. C. Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: 1. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; if. Availability of funds as stated In subparagraphs 51. and 5.M. of this Agreement, e 10 JeAoiddV : 066 (pedwe;s leBel) aset4d uoponilIsucoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;uGwt43e;;V 0. r STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01 4) PROGRAM MANAGED 0 .19 LOCAL AGENCY PROGRAM AGREEMENT O0 M Page 2 a 0. iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and iv. Department approval of the Project scope and budget at the time appropriation authority becomes available. ............ ........ ....... . . . . . G. Agencies providing goods and services to the Department should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. KIN.F.-M, 4■ � It (ZI , M -174� NBC= -11111-MV10-M, e 10 leAcuddV : 066 (pedwe;s leBel) eset4d uciponj;sucio - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;uGwt43e;;V C*4 T1- 0. -W STATE OF FLORIDA DEPARTMENT OF TRANSPORTAT ON 525.OV 4) PROGRAM MANAGEM LOCAL AGENCY PROGRAM AGREEMENT 4GC-0 Page 3 n Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. H. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 1. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by execution of a Local Agency Program ("LAP") Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project may be reduced upon determination of the agency's contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. e 10 JeAoiddV : 066 (pedwells leBel) aset4d uoillonillsuoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 WGM43154111V 101offliuml I 10m:W 0. 525-OIC PROGRAM MANAGEM OGc­ Page 4 of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year," 0111WHOW111111 WN I A. The Agency shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to this Agreement; B. There is any pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; CThe Agency shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made a related expenditure or incurred related obligations without having been advised by the Department that same are approved; D. There has been any violation of the conflict of interest provisions contained in paragraph 16J.; or E. The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. i .. .. v tax ArMw-gswaly 101natolsommto.12mai i In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the Department's issuance of a Notice to Proceed (uNTP"), costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the Project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. I. Administers inherently governmental project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; if. Maintains familiarity of day to day Project operations, including Project safety issues; fit. Makes or participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements; iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and complexity of the Project; v. Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; e 10 leAoiddV : 066 (pedwells leBel) aset4d uoponullsuoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;uGwt43e;;V ED 0) 0. 4r STATE OF FLOR DA DEPARTNIGN- OF TRANSPORTATON 525.010 4) PROGRAM MANAGENO LOCAL AGENCY PROGRAM AGREEMENT OGC_0 Page 5 0 G. a 2: vii. Is aware of the quacations, assignments and on-the-job performance of the Agency and consultant staff at all stages of the Project, e 10 leAoiddV : 066 (piedwe;s le6el) aset4d Lioponi;sLioni - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;uGwt43e;;V 0. r STATE OF FLORIDA DEPARTMENT OF TRANSPORTA'OON 525-01 4) PROGRAM MAMA .19 0 LOCAL AGENCY PROGRAM AGREEMENT OG 0 M Page a a 0. H. For any project requiring additional right-of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. A. In addition to reviews of audits conducted in accordance with OSIB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning an or after December 26, 2014, monitoring procedures may include but not be limited to on -site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or Slate of Florida Auditor General. .......... . . . . . . . . . . .... .... . JI: WI.E.1-1411M =17 ioff.A.M. =0 me titale or on a u or General in accordance with the provisions at 01N U rci i ar fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after December 26, 2014, will meet the requirements of this part. if. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after December 26, 2014. e 10 leAoiddV : 066 (pedwe;s leBal) aset4d uoporu;sucoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;u8U­U43e;;V 0. r STATE OF FLORi--A DEPARTMENT OFT NSPORTATIC N 525-01 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEM OGC- 0 Page 7 o 0. fit. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after December 26, 2014, in federal awards, the Agency is exempt from federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at no later than nine months after the end of the Agency's audit ................................................................ period for each applicable audit year. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after December 26, 2014, in federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than federal entities). v. Within six months of acceptance of the audit report by the PAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal award provided through the Department by this Agreement. It the Agency falls to have an audit conducted in accordance with OMB Circular A-1 33, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart IF — Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcernent action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the federal awarding agency); 5. Withhold further federal awards for the Project or program; 6. Take other remedies that may be legally available. f e 10 leAoiddV 066 (pedwe;s leBel) aset4d uoi;onj;suoo - s;!q!t4xe t4;!m ;ueweGJBV li :;uGwt43e;;V r. 0. r STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01 4) PROGRAM MANAGER LOCAL AGENCY PROGRAM AGREEMENT OGG-0 Page a 0 0. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. Off ice of .... IVIS 24 605 Suwannee Street a a, -assee. lorida 323,99 CThe Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. Termination or Suspension of Project: The Department may, by written notice to the Agency, suspend any or all of the Agency's obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. A. If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement as set forth in paragraph 9.11B. below, or (2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. B. If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which tht Agreement is to be terminated. C. If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress on Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. D. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub -contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement unless the records are exempt. E. 'Spon receipt of any final termination or suspension notice under this paragraph 9., the Agency si. proceed promptly to carry out the actions required in such notice, which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; or (b) furnish a statement of the Project activities and contracts and other undertakings the cost of which are otherwise includable as Project costs. Thd termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The e 10 leAoiddV : 066 (pedwe;s leBel) aset4d uoi;onj;suoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;uGwt43e;;V 0. r STATE OF FLOG DA DEPARTMENT OF TRANSPOATAT-:)N 525-01( 4) PROGRAM MANAGEM LOCAL AGENCY PROGRAM AGREEMENT 0 Pegs 9 0. closing out of federal financial participation in the Project shall not constitute a waiver of any claim whic-17— the Department may otherwise have arising out of this Agreement. V, V AExcept as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. It is understood and agreed by the parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 CF.R172, and 23 U.S.C. 112. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects funded under this Agreement. In all cases, the Agency shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act and the federal Brooks Act. The Agency shall comply with, and require its consultants and contractors to comply with applicabO federal law pertaining to the use of Federal -aid funds. The Agency shall comply with the provisions in the FHWA-1 273 form as set forth in Exhibit "C", FHWA 1273 attached to and incorporated in this Agreement. The Agency shall include FHWA-1273 in all contracts with consultants and contractors performing work on the Project. -11 WINONA �i - WIN e 10 leAoiddV : 066 (padwells leBal) aset4d uoi;onj;suoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;uGwt43e;;V 0. r STATE OF FLORIDA DEPARTMENT OFTRANSPORTATION 525-01 4) PROGRAM MANAGEM 0 .19 LOCAL AGENCY PROGRAM AGREEMENT OGG- 0 M Page 10c 0. minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Agency_ developed the Project in accordance with applicable federal and state regulations, standards and procedures, without District involvementloversight. B. The District will determine which functions can be further delegated to Agencies that continuously earn Satisfactory and Above Satisfactory evaluations. 14. Restrictions, Prohibitions, Controls, and Labor Provisions- During the performance of this Agreement, the Agency agrees as follows, and agrees to require its contractors and subcontractors to include in each subcontract the following provisions: ........... ......... . . . . . . . . . . . . M. 11 111 ill'I'llial 111 11 111 IN III V 11� 11, D. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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. E An entity or affiliate who has had its Ce6ficate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. e 10 JeAoiddV : 066 (pedwe;s leBal) aset4d uopoiniiIsuoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;u8wt43e;;V ED 04 00 15 0) 0. 4� STATE OF FLORIDA DEPARTMENT OF TRANSPORTATC N 525.01 4) PROGRAM MA AGEM LOCAL AGENCY PROGRAM AGREEMENT G 0 0 agG 11 1 0. The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. glNo member or delegate to the Congress of the United States shall be admitted to any share or part of I Agreement or any benefit arising therefrom. i MOMMUBMWIME A. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors, or consultants/subconsultards who perform work in connection with this Agreement: III PeIIIIRWILI Updw, kflt� 5 conlracLor .9 elf lu I "I". the Agency, the State of Florida, Department of Transportation, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the performance of this Contract." This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity. . . . . . . . . . . . . ........ ... the Agency, the State of Florida, Department of Transportation, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the consultant and persons employed or utilized by the consultant in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity." Nomm e 10 leAoiddV : 066 (pedwe;s le6el) eset4d uoi;onj;suioo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;uGwt43e;;V F-1 V_ 04 00 0) 0. STA-F CF FLORIDA DEPARTMENT OF TRANSPORTATiON 525-0-W1C PROGRAM MANAGEME LOCAL AGENCY PROGRAM AGREEMENT O.-C-o" Page 12 a 0. A. The Agency will be solely responsible for compliance with all applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. The Agency shall include in all contracts and subcontracts for amounts in excess of $150,000, a provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.07401-7671q) and the Federal Water Pollution Control Act as amended (33 U,&C, 1251-1387). B. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. C. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. D. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. E. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing litereunder. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provisi or perform any act or do any other thing in contravention of any applicable state law. If any of t provisions of the Agreement violate any applicable state law, the Agency will at once notify t Department in writing in order that appropriate changes and modifications may be made by t Department and the Agency to the end that the Agency may proceed as soon as possible with t Project. G. In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. Upon completion of right-of-way activities on the Project, the Agency must certify compliance with applicable federal and state requirements. Certification is required prior to authorization f advertisement for or solicitation of bids for construction of the Project, including if no right-of-way required. The Agency will certify in writing, prior to Project closeout that the Project was completed in accordan with applicable plans and specifications, is in place on the Agency's facility, adequate title is in t Agency's name, and the Project is accepted by the Agency as suitable for the intended purpose. J. The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative e 10 JeAcuddV : 066 (pedwe;s legal) aset4d uoponi;suicoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;u8wt43e;;V C14 04 0. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 5Z.5-01 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MA"""" 'EO 0 P.q. 13 00 agreement. If any funds other than federally -appropriated funds have been paid by the Agency to a y person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. K. The Agency may not permit the Engineer of Record to perform Construction, Engineering and Inspection services on the Project. The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency Z will will not maintain the improvements made for their useful life. M. The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. N. The Agency: I. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Agency during the term of the contract', and if. shall expressly require any contractor and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 0. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. P. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. Q. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. R. Exhibits I. Exhibit "A", Project Description and Responsibilities, is attached and incorporated into this Agreement. ii. Exhibit "B", Schedule of Funding, is attached and incorporated into this Agreement. iii. Z If this Project includes Phase 58 (construction) activities, then Exhibit "C", FHWA FORM 1273, is attached and Incorporated into this Agreement. e 10 JeAoiddV : 066 (pedwe;s leBal) aset4d uoponjIlsuoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;uGwt43e;;V M 04 0. SLATS OF FLORIDA DEPARTMENT OF TRANSPORTATION 52501 PROGRAM MANAIREM "GO 0JJ LOCAL AGENCY PROGRAM AGREEMENT 0 P.Q. 14 '* 0_ iv. E] An Alternative Pay Method is used on this Project. If an alternative Pay Method is used on this Project, then Exhibit "U', Alternative Pay Method, is attached and incorporated into this Agreement. v. Exhibit "E", Title VI Assurances is attached and incorporated into this Agreement. vi. Exhibit "F", the Agency Resolution authorizing entry into this Agreement, is attached and incorporated into this Agreement. vii. E] State Funds are used on this Project. If State Funds are used on this Project, then Exhibit "El", State Funds Addendum, is attached and incorporated into this Agreement. viii. E] This Project is located off the State Highway System and includes funding for landscaping. It this Project is located off the State Highway System and includes funding for landscaping, then Exhibit "L"is attached and incorporated into this Agreement. ix. E] This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit "R" is attached and incorporated into this Agreement. x. [] This Project includes funding for a roadway lighting system. It the Project includes funding for roadway lighting system, Exhibit "RU' is attached and incorporated into this Agreement. xi. [] This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes funding for traffic signals and/or traffic signals systems, Exhibit "T" is attached and incorporated into this Agreement. xii. Exhibit 681", Federal Financial Assistance (Single Audit Act) is attached and incorporated into this Agreement. sill. [:] State Funds are used on this Project. If State Funds are used on this Project, then Exhibit '12", State Financial Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement. MMMMMIZ�� e 10 JeAoiddV : 066 (pedwe;s le6el) aset4d uoponj;suoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;u8wt43e;;V ED -4 04 00 0) 0. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATK)N 525-0v -W 4) PRcRRAM MANAGENN LOCAL AGENCY PROGRAM AGREEMENT � -'9 Q ODD- M Page 15 a 0. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. AGENCY Monroe County Bd. of County Commission STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: Name: Title: Attest: Title: No N ZME39MM e 10 JeAoiddV : 066 (pedwe;s le6el) aset4d uoponi;suoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;uGwt43e;;V C*4 CID 6) 0. STATEOF rid r 0A DEPARTMENT OF VW*PORTATION 0. rROGRAU NAMR6'Emi4 LOCAL AGENCY PROGRAM AGREEMENT � I 00r—^,W I Pamge I C., ffilllw�� PROJECT DESCRIPTION AND RESPONSIBILITIES PION: 435511 -1 This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida. Department of Transportation and Monroe County Board Of County Commissioners PROJECT LOCATION. The project is on the National Highway System. The project is on the State Highway System PROJECT LENGTH AND MILE POST LIMITS Project is located between mile marker 29 and mile marker 30. Project is approximatly 450 feet along US1 - PROJECT DESCRIPTION Design a scenic pull off including information kiosk, restrooms, parking. lanscaping. a boardwalk with an overlook adjacent to US1 near North Pine Channel SPECIAL CONSIDERATIONS BY AGENCY. The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursernent of funds), any federal or local funding action. and the funding action from any other source with respect to the project The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Departmerit and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Design to be completed by June 30, 2017. b) Right -of -Way requirements identified and provided to the Department by June 30, 2017. c) Right -of -Way to be certified by June 30. 2017. ck Construction contract to be let by August 16. 2017 a) Construction to be completed by September 30. 2018. If this schedule cannot be met. the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: NIA e 10 JeAoiddV : 066 (pedwe;s leBel) aset4d uoi;onj;suoo - s;!q!t4xe 4;!m ;ueweGJBV dV-1 :;uGwt43e;;V C*4 0. tr*ANSP' 0MAT ON 0. PROGRAM MANGENT LOCAL AGENCY PROGRAM AGREEMENT EM 0M,081ir P.;- I of 'I SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS Monroe County FPN 435511-1 Monroe County BOCC 1100 Simonton Street Key West FI 33040 FUNDING ttI TYPE OF i Fiscal Year TOTAL (2) PROJECT FUNDS LOCAL FUNDS (3) (4) STATE FUNDS FEDERALFUNDS lannIn0-18 FY- FYI FY Total Planr�lng —Cord reject Devolopment S, Environment (PD&E) - 28 FY: FY FY Total PD&E Cost aside - 38 FY FY FY Total Design Cost Ight-of-Way - 48 FY FY FY Total Richt of -Vay Cost onstruction-58 FY 17118 Lga2 noo LUO-0-0-0 FY FY FY Total ConstruFt�ionCcst —$850,000 S850,000 onstruction Engineering and Inspection (CEI) - 68 50 lig 0-00 FY, 17118 FY- FY Total 5E— I Cost S 50,000 S50,000 perallons - 89 FY, FY FY Total Operations Casts 00 S900,000 The DepartmenVs fiscal year begins on July 1. For this project. funds are not projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, in writing when funds are available e 10 JeAoiddV : 066 (pedwe;s leBal) aset4d uoponj;suoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;uGwt43e;;V 5 T A T E ,""P FC ! A EP k k mEN LOCAL AGENCY PROGRAM AGREEMENT FHWA FORM 1273 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: LEGAL BEQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC — COMPLIANCE WITH FHWA 1273. TlielllWA-1273%et-sioiid,,iteciN,I.-i% 1. 2012 is appended in its entirety to this Exhibit. I-lI%VA- 1273 may also be rellerenced on the Departrnent*s %vebsite at the following URI. address: Srah-recipients of federal grants a%%arcis cor redcral-Aid I fighm,a) constrUCtiOn shall take responsibilitN to obtain this information and comply with all provisions contained in 171 IWA- 1273. e 10 JeAoiddV : 066 (pedwe;s leBel) aset4d uoponi;suoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 411-1181111431124V REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 1. General If Norefiscrim. nation III Nonsegregated Fa-il-tms IV Dav-s Bacon and Related Art Provisions V. Contract Work Hours and Safety Standards Act Prop sloes At Subletting or Assigning the Contract All Safety. Accident Prevention Vill False SMILments Concerning Hig-iway Projects IV Implementation of Clean A r Act and Federal Water Pollution Control Act X. Compliance with Goverrinu:n1wide Suspension and Debarment Requirements XI Carl fixation Regarding Use of Contract Funds for Lobbying ATTACHMENTS A Employment and Mat:irla's Pref�renre for Appalachian Development H-ghway System or Appa-achlan Local Access Road Contracts (Included In Appa'avhian contracts only) MENMENUM I. Form FHA hA 1273 must be phys sally incorporated in each construction contract funded under `Ftle 23 (excluding emergen--y contracts solely intended for debris removal), The contractor (or subcontractor) must insert ([its form in each subcontract and further require its im-lusion in all lower tier subcontracts (uric'uding purchase orders rental agreements and other agreements for supplies or serv-ces) The applicable requirements of Form Ft-WA-1273 are incorporated by reference for work done under any purchase order. rental agreement or agreement for other services The prime contractor shall be responsible for compliance by any subcontractor lower -tier subcontractor or comes provider. Form FHWA 1273 must be included in all Federal aid design - build contracts. in all subcontracts and in lower I-er subcontracts own no up subcontracts for design services, purchase orders rental agreements and other agreements for supplies or services) The design. builder shall be responsib a for compliance by any subcorfiraclar, lower-fier subcontractor or service provider Contracting agencies may reference Form FHAW-1 273 in b:d proposal or request for proposal do::umerits. however the Form FHWA 1273 must be physically incorporated (not referenced) in all contracts subcontracts and lower -tier subcontracts (excluding purchase orders rental agreements and other agreements for supplies or sent ces related to a construction contract) 2 Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractors own organization and wifth the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework station work, or by subcontract. FHVAA 1273 -- Revised May 1, 2012 3 A brea: 'm of any of the stipulations contained in these Requ-red Contract Provisions may be sufficient grounds for Wthriffiffing of progress payments, withholding of final payment terminal on of the contract, suspension I debarment or any other action cleterromed to be appropriate by the contracting agency and FHWA. 4. Selechon of Labor. During the performance of this contract, the contra -for sha'I not use convict labor for any purpose within the I Falls, of a construction project on a Federal-ald highway unless it is labor performed by convicts who are on parole supervised release, or probation The to Federal -aid highway does not irslude roadways functionally classified as local roads or rural minor collectors It. NONDISCRIMINATION The provisions of thi- section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provis- an = of 23 CFR Part 230 are not applicable to material supply. engineering or architectural service contracts. In adcrtion, ire contractor and all subcontractors must comply %vith the fo'lowing Pat i--Ies: Executive Order 11246, 41 CFR 60, 29 CFR 1625 1627. Title 23 LISC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title At of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27, and 23 CFR Parts 200. 230, and 633. The contractor and all subcontractors must comply with the requirements of the Equal Opportunity Clause in 41 CFR 60. 1,4(b) and. for oil construction contracts exceeding $10 000 the Standard Federal Equal Employment Opportunity Construct an Contract Specifications in 41 CFR 60.4 3 Note, The U S. Department of Labor has exclusive authority to determine compliance Win Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60 and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance Win Title 23 USC Section 140, the Rehabilitation Act of 1973 as amended (29 RED 794), and Title At of the Civil Rights Act of 1964, as amended, and related regulations Including 49 CFR Paris 21, 26 and 27; and 23 CFR Parts 200, 230, and 633 The following provision Is adopted from 23 CFR 230, Appendix A, Win appropriate revisions to conform to the U,S, Department of Labor (US DOL) and FHWA requirements 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws executive orders, rules, regulations (28 CFR 35 29 CFR 1630 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 UG,C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under e 10 JeAoiddV : 066 (pedwe;s leBel) aset4d uoponi;suoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;uGwt43e;;V this contract. The provisions of the Americans Mh Disabilities Act of 1990 (42 US.C. 12101 at seq.) set forth under 28 CFit 35 and 29 CFR 1630 are incorporated by reference In this contract. In the execution of this contract, the contractor agrees to comply Win the foHicluing minimum specific requirmireard, activities of EEO: a, The contractor fidfl work %xith the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect "a all all its terms and conditions of employment and in their review of activities under the contract. b. The contractor will, accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, reflyron, sex, color, national origin, age or disabifily. Such action shall include employment, upgrading, demotion, or Iransfen recruitment or recrulmneritt affiverfising; layoff or termination, rates or pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on -me - job training." 2. EEO Officer: The contractor will designate and make knovai to the contracting officers an EEO Officer who vvill have the responsibility for and must be capable of effectively administering and mumbling an active EEO program and who must be assigned adequate authority and responsibility to do SO. 3, Dissemination of Pioffcy: Ali members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or %,;he are substantially Involved in such action, will be made fully cognizant of, and voll Implement, the contractor's EEO policy and contractual responsibilities to provide EEO In each grade and classification of employment, To ensure that the above agreement Wit be ,net, tire following actions wilt be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often then once every six months, at which time the contraclor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer, b. All new supervisory or personnel office employees will he given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duly with the contractor c, All personnel who are engaged In direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women, d. Notices and posters selling forth the contractors EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. a. The contractor's EEO policy and the procedures to Implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means, 4. Recruitment: When advertising for employees the contractor wits include in all advertisements for employees the notation "An Equal Opportunity Employer " All such advertisements will be placed in publications having a large circulation among minorities and women in the area train which the project work force would normally be derived a The contractor von, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likekt to yield qualified minorities and warned To meet this requirement, the contractor will identify sources of potential minority group employees, arid establish with such identified sources procedures whereby minority and women applicants may be referred to We contractor for employment consideration b In the even, the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals. the contractor is expected to observe the provisions of "hat agreement to the extent that the system meets the contractor's compliance with EEO contract provisions Where Implementation of such an agreement has the effect of discriminating against minorities or women or obligates the contractor to do the same, such briplernernallon violates Federal nondiscrimination provisions. c The contractor will encourage its present employees to refer minorities and warreen as applicants for employment Information and procedures with regard to referring such applicants will be discussed with employees 5, Personnef Actions. Wages, working conditions and employee benefits shall be established and administered, and personnel actions of every type, Including hiring upgrading promotion, transfer, demotion, layoff, and lerrinired art, shall be taken I t vvithoul regard to race, color, religion, sex, national origin, age of dkodciftly. The following procedures shall be fidloviard, a. The contractor wili conduct periodic inspections of project sites to insure that working conditions and employee too Hiles do not indicate discriminatory treatment of project site personnel, b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices c, The contractor livill periodically review selected personnel actions in depth to determine whether there is evidence of lifiscrimilia lion where evidence is found, the contractor will promptly take corrective action If the review indicates that the discrimination may extend beyond the actions reviewed such corrective action shall include all affected persons d. The contractor volt promptly investigate all complaints of alleged discrimination made to the contractor in connection Molts obligations under this contract, wilt attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time, If the Investigation indicates that the discrimination may affect persons other than the complainant. such corrective action shall include such other persons Upon completion of each Investigation, the contractor will Inforn every complainant of air of their avenues of appeal 6, Training and Promotion, @. The contractor will assist in locating, qualifying. and increasing the skills of minorities and women who are e 10 JeAoiddV : 066 (pedwe;s lefiel) aset4d uoponi;suicio - s;!q!t4xe 4;!m ;ueweGJBV dV-1 :;uGwt43e;;V applicants for employment or current employees Such efforts should be aimed at developing ful! journey level status employees in the type of trade or job classification involved b. Consistent with the contractor's work force requirements and as perrrflssiblunder Federal and State regulations. the contractor shall make full use of training programs. I a apprenticeship, and on the job training programs for the geographical area of contract performance In the event a special provision for training is provided under this contra::l this subparagraph will be superseded as indicated in the special provision The contracting agency may reserve training positions for persons who receive welfare assistance in accordanc-.e Will 23 U S C 1140(a) c, The contractor will advise employees and applicants for employment of available "raining programs and entrance requirements for each d The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion 7. Unions. If the contractor Tel as in vmple or ill part upon unions as a source of employees the contractor will. use good faith efforts to obtain the cooperation of such unions to increase opportunities for minwiff-es and women Actions by the contractor, either directly or through a contractors association acting as agent, will m:mde the proc-edures set forth below a. The contractor will use good faith efforts to deve'op. in cooperation volh the unions joint training programs aimed toward qualifying more minorities and arimen for merribership in the unions and Increasing the skills of minorities and women so that they May quality for higher paying employment. Is The contractor will use good faith efforts to Incrupo rate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their ra--e, color religion sex, national origin, age or disals-lity c. The contractor Is to action information so 10 tile referral praclices and poll:--Ies of the labor union except that to the extent such info rrilation is vdthm the exclusive possession of the labor union and such labor union refuses to furnish surlin information to the contra-lor, the contractor shall so certify to file contracting agency and shall set forth what efforts have been made to uplarn such mormadc.n. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement the contractor will, through independ-2ni recruitment efforts FN the employment vacancies without regard Iii race color. religion, sex. national origin, age or disability, making full efforts to obtain qualified anchor qualifiable minorities and women, The failure of a unior to provide sufficient referrals (even though it is do iffeled to provide exclusive referrals under the terms of a collective bargaining agreement) does not refeve the contractor from the requirements of this paragraph. In the event the on on referral practice prevents the contractor from meeting the not gagons pursuant to Executive Order 111246. as amended. and these special provisions, such contractor shall immediately ability the contracting agency 8, Reasonable Accommodation for Applicants I Employees with Disabilities. The contractor must be fam-liar v4dri the requirements for and comply solo the Americans with Disabilities Act and all rules and regulations established there Linder, Employers must provide reasonable accommodation In al: employment act vit as unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex. national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract a, The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b, The contracts, WH use good faith efforts to ensure subcontractor compliance with their EEO obligations 10. Assurance Required by 49 CFR 26.13(b): a, The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved USE program are incorporated by reference. b The contractor or subcontractor shall riot discriminate on the basis of race, color, national origin, or sex in the performance of this contract, The contractor shall carry out applicable requirements of 49 CFR Part 26 In the award and administration of DOT assisted contracts Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the nomination of this contract Or such other remedy as the contracting agency deems appropriate. 11, Records and Reports: The contractor shall keep such records as necessary to document annual once with the EEO requirements. Such records shall be retained for a period of three years folloviling the date of the final payment to the contractor for all contract work and shot' be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA a, The records kept by the contractor shot document the bitlowing: (1) The number and work hours of m nonly and non. an reality group members and women employed in each work clarailfcation on the project (2) The progress and efforts being made in cooperation voth unions, when applicable. to Increase employment opportunities for minorities and women, and (3) Th-:! progress and efforts being made in locating. hiring. training, qualifying and upgrading mi'marfifes, and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, molesting the number of minority. women. and non -minority group employees currently engaged in each work classification required by the contract work This information Is to be reported on The staffing data should represent, the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision. the contractor e 10 JeAoiddV : 066 (pedwe;s leBel) aset4d uoponi;suoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;uGwt43e;;V will be required to collect and report training data. The employment data should reflect the work force on board during all or r any part of the last payroll period preceding the end of July, 111. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided In such a manner that segregation an the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by va iften or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated, The term "facililles" includes waiting rooms, work areas, restaurants and other eating areas, Urne clocks, restrolains, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided far employee,%. The contractor shall provide separate or single -user returoorns; and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding S2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within file right-of- way of .3 roadway that is functionally classified as Federal -aid highway This excludes roadways functional y classified as local roads or rural rn'nor col colors, which are exempt Contracting agencies may ele:.t to apply these requirements h other projects The following provisions are from the U-S Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters with minor revisions to conforin to the FHWA- 1273 forrinal and FHWAprog-am requirements, a Ali laborers and me -lion So employed or working upon the Site of the work. will be paid uncondurona A and not less often than once a week. arid wrthoul subsequent declu.-'l or or rebate on any account (ea: ept such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFO part 3)), the full amount or wages and bona fide fringe benefits (or cash equ-valents thereal) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship livirich may be alleged to exist between the contractor and such laborers and mechanics Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 (b)(2) of the Davis -Macon Act on behalf of laborers or rinechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph I A. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period Such laborers and mechanics shaIll be paid the appropriate wage rate and fringe benefits an the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFO 5,5(a)(4). Laborers or mechanics performing work In more than one classification may be compensated at the rats specified for each classification for the time actually worked therein Provided, That the employer's payroll records accurately set forth the time spent In each classification in which work is performed The wage determination (including any additional classification and wage fates conformed under paragraph 1,b, of this section) and the Davis -Bar -on poster (WH-1 32 1) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where fti can be easily seen by the workers. ib. of The contracting officer shall require the, any class of laborers or mechanics, including helpers, which Is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with 'he wage rn deter�i nation. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met (i) The work to be performed by the classification requested al not performed by a classification in the wage determination; and (if) The classification is utilized in the area by the construction industry; and (rri) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable rebumirship to the ware rates contained in the wage determination, (2)rf the contractor and the laborers and mechanics to he emp'dyed in the classification (if known), a., their repaosenlal'vus, and the contracting officer agree an the classiffi:mlon and wage rate (including the amount designated for fringe benefits where appropriate), a report of the a-shon taken shall be sent by me contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, US, Department of Labor, Washington, DC 2021(L The Administrator, or an authorized represenlak.ve, wHi approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise th---- contracting officer at will notify the contracting officer within the 30-day period that additional flime is necessary, (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The VrOge and Hour Administrator, or an authorized re ' aresentalhol,wift issue a determination within 30 days of receipt and so advise the contracting officer or e 10 JeAoiddV : 066 (pedwe;s leBel) aset4d uoponi;suoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;uGwt43e;;V wift notify the contracting officer within the 30-day period that additional time is necessary (4) The wage rate (Including fringe benefits where appropriate) determined pursuant to paragraphs 1,b.(2) or 1.b (3) of this section. shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit whi zm is not expressed as an hourly rate, the contractor shall sillier pay the benefit as stated In the wage determination or shot pay another bona fide fringe benefit or an hourly cash equivalent thereof cl. If the contractor does not make payments to a trustee or other third person the contractor may consider as part of the wages of any laborer or mechanic, the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program Provided. That the Secretary of Labor has found, upon the lormen request of the contractor, ,that the applicable standards of the plains-Sacon Act have been met. The Secretary of Labor may require the contractor to set as de in a separate account assets for the meeting of obligations under the plan or program The contracting agency shall upon its own aclin or upon wrillen.,equest of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contra: -tor tinder [his contract or any other Federal contrast with the same prime contractor, or any other federally assisted contract subject to Davis -Bacon provoking wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the (Lill amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, Including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee or funds until such violations have ceased. 3, Payrolls and basic records a. Payrolls and basic records relating [hereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work.. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of voges paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I (b)(2)(B) of the Davis -Bacon Act), dafty and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5,5(a)(1)(Iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I (b)(2)(8) of the Davis - Baron Act the contractor shall mainta n records which show that the commitment to provide such benefits is enforceable. that the plan or program is financially responsible. and that the plan or program has been communicated in writing to the laborers or mechanics affected and records which show the costs anticipated or the actual cost incurred in providing sm--h b.-noble. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and tra:nees, and the ratios and wage rates prescr bed in the applicable programs b, (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrol a to the contracting agency The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 GFR 5 5(a)(3)(d. except that full social security numbers and home addresses shall not be included on weekly transmiltais Instead the payrolls shall only need to include an individually identifying number for each employee eB. , the fast four digits of the employee's social security number), The required weekly payroll Information may be submitted In any form desired Optional Form WH -.347 Is available for this purpose from the Wage and Hour Does Ion Web site at blip flwww old grovielsis/wrimforms/wh347instr him or its successor site The prime contractor Is responsible for the submission of copies of payrolls by all subcontractors Contractors and subcontractors shall maintain [lie full social security number and current address of each covered worker. and shall provide them upon request to the contracting agency for transmission to the Stairs DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an Investigation or audit of compliance with prevailing wage requirements It is not a violation of that section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency (2) Each payroll submitted shalt be a::comparded by a "Statement of Compliance," signed by the contra --tor or subcontractor or his or her agent who pays or sup.-,rvises the payment of the persons employed under the contract and shall certify the following. (I) That the payroll for the move I period contains the Information required to be provided under §5,6 (a)(3)(fi) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(d of Regultumns, 29 CFR part 5, and that such information is correct and cornpletel (if) That each laborer or mechanic (nclud ng each helper, apprentice and tra nee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth In Regulations, 29 CFR part 31 fild That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed. as specified In the applicable wage determination Incorporated Into the contract, e 10 JeAoiddV : 066 (pedwe;s leBel) aset4d uoponi;suoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;uGwt43e;;V (3) The weekly submission of a properly executed certification set forth on the reverse a de of Optional Form WH-347 shall satisfy the requirement for submissiAn of the 'Statement of ComplianLe" required by paragraph 3,b (2) of this section, (4) The falsification of any of the above cerlifical-crts, may subject the contractor or subcontractor 1--i c.vfl or criminal prosecution under section 1001 of tile 18 and section 231 of title 31 of the United States Code c. The contractor a., subcontractor shall make the re-ords required under paragraph 3.a of this s--,-tion anal able for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT the FHWA, or the Department of Labor, and shall permit such representatives to interview ernp'oyees during working hours on the job. If the contractor or subcontractor falls to submit the required records or to make them ava lable, the FHWA may, after written notice to the contractor, tire contracting agency or the Slate DOT, take such action as may be necessary te cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, toi ore to submit the required records upon request or to make such records awd'atfic may be grounds for debarment action pursuant to 29 CFR 5. 12 4, Apprentices and trainees a Apprentices (programs of the USCOL). Apprentices will be peon-Hed to work at less than the predetermined rate for the work they performed vvhen they are employed pursuant to and Individually registered in a bona fide apprenticeship program registered with the U,S. Department of Labor, Employment and Training Adminburafon, Off ce of Apprenticeship 'Training, Employer and Labor Services, or wilit a State Apprenticesh'p, Agency re cognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not Individually registered in the program, bar who has been certified by the Office of Apprenticeship I raining, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeyman on the job site in any craft claselfical-on shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shri'l be paid not less than the applicable wage rate on the wage determination for the classification of osirk actually performed, In addition, any apprentice performing work an the job site In excess of the ratio permitted under the registered program snarl be paid not less than the applicable wage rate on the voiffie determination for the work actually performed. Where a contractor 15 performing construction on is pridrrst in a locality other than that in which Its program Is reg stared, the ratios and wage rates (expressed In percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's red stared program shall be observed. Every apprentice racer be paid at not less than the rate specified In the registered program for tire apprent eels level of progress, expressed as a percentage of the journeymen hourly rare specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions or the apprenticeship program If the apprenticeship program does riot specify fringe benefits apprentices must be paid the full amount of fringe lk-mefil. Fsted on the wage determination for the applIable classification If lh� Administrator determines that a different practice prevails for the applicable apprentice classification fringes shall be paid in accordance with that determination In the event the Office of Appienficeship Training, Employer and Labor Services. or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to of line apprentices at less than the app'icable Prece.,1---m-tined rate for the work Performed until an acceptable program is approved b Trainees (programs of the USDOLI Except as provided In 29 CFR 5 16 tram -,-es will not be permitted to work at less than 'the predetermine rate fez the work performed unless they are employed pursuant to and individually r clividuelp, registered In a program w1h;ch has lxwt�:ved approval, evidenced by former cerrifical.rn by the U.S Department of Labor, Employment and Training Administration The ratio of trainees to journeyman on the job site shall riot be greater than permitted under the plan approved by the Emp'oymerd and Training Adminburat rn, Eck: ry trainee must tie paid at not less than We rate specified in this approved program for the trainee's level of progress expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination Trainees steal be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits Usted an the wage determination unless the Administrator of the Wage and Hour Division determinHs that there is an apprenticeship program associated Win the corresponding Journeyman wage rate on the %vage determination which provides for less than fall fringe benefits for apprentices. Any employee Rated on the payroll at a trainee rate who Is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for file classification of work actually performed In addition, any trainee perfor ming work on the job site In excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed In the event the Employrnent sold Training Administref cm vil-thdraws approval of a training program, the contractor wail no longer be permitted to utilize trainees at less than the applicable predetermined rare for We work performed until an acceptable program Is approved. c. Equal employment opportunity. The utilization or apprentices, trainees and journeymen under this part shall be in conformity wuh the equal am ' ployment opportunity requirements of Executive Order 11246, as amended, and 29 CFO part 30. e 10 JeAoiddV : 066 (pedwe;s leBel) aset4d uoponi;suoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;u8wt43e;;V of Apprentices and Trainees (programs of the U S DOT) Apprentices and trainees working under apprenticeship and skill training programs which heve been coddled by the Secretary of Transportation as prompting EEO in connect on Afth Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs The rat o of apprentices and trainees to journeymen shall not be greater 'than permitted by the terms of the particular program 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are Incorporated by reference in this contract. 6, Subcontracts. The contractor or subcontractor shalt Insert Form FHWA- 1273 in any subcontracts and also require the subcontractors to Include Form FHVJA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses In 29 CFR 5 5 7. Contract herminallon: debarentent. A breach of the contract clauses in 29 CFR 5 5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5 12 8, Compliance with Davis -Bacon and Related Act requirements, All rulings and Interpretations of the Davis - Bacon and Related Acts contained In 29 CFR parts 1, 3 and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract Stich disputes shall be resolved in accordance with th e procedures of the Department of Labor set forth in 29 CFR parts 5, 6. and 7. Disputes within the rneening of this clause Include disputes between the contractor (or any of its subcontractors) and the contracting agency, [lie U.S, Department of Labor, or the employees or their representatives. 10. Certification of eligibility, a By entering into this contract. the contractor codifies that ne ther it (nor he or she) nor any person or firm who has an interest in the contractor's firm Is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Guide -Bacon Act or 29 CFR 5.12(a)(1). It No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3{a) of the Davis -Bacon Act or 29 CFR 5,12(a)(1) c The penalty for making false statements Is prescribed in the U-S Criminal Code, 18 Ll.&C. 1001. A. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of S 100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act These clauses shall be Insetted in addition to the clauses man Ted by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards, I.Overtimerequirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic In any workweek In which he or she is employed on such Work to work in excess of forty hours In such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked In excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages in the event of any violation of the clause set forth in paragraph (I -) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Dominant or a territory, m such District or to such territory), for liquidated damages, Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards. employed in violation of the clause set forth In paragraph (1 ) of this section, in the sum of Sit) for each calendar day on which such individual was required or permitted to cook in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth In paragraph (1,) of this section 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its oven ai--ti: 'in or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld. from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the sam.2 prime contractor, such sums as may be determined to be necessary to satisfy any fiatitiflfies of such contractor or subcontractor for unpaid vitages and liquidated damages as provided fit the clause set forth in paragraph (2 ) of this section 4. Subcontracts, The contractor or subcontractor she!: Insert Sri any subcontracts the clauses set forth In paragraph (1.) through (4 ) of this section and also a clause requiring the subcontractors to Include these clauses in any boost tier subcontracts The prime contractor shall be responsible fcr compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1,) through (4 ) of this section e 10 JeAoiddV : 066 (pedwe;s leBel) aset4d uoponi;suicio - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;u8wt43e;;V al. SUBLET`HNG OR ASSIGNING THE CONTRACT This provision is applicable to of Federe-aid constru--hon contracts on the National Highway Systerm 1. The contractor shall perform with its own organization contract work imeninfing to not less than 30 percent (or a greater percentage if specified elsewhere :in the contract) of the total original contract price excluding any specialty items designated by the contracting agency Specialty items may be pleforreed by subcontract and the amount of any such speciality items performed may be deducted from the total original contract pr-ce before computing tile amount of wark required to be performed by the contractor's own organization (23 CFR 635-116) a The term 'perform work virm its own organization' refers to workers employed or leased by the prime contractor and equipment owned or rented by the prime contractor, sold or without operators Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, a,- any other assignees. The to may include payments for the costs of hiring leased employees from an employee leasing pull meeting all relevant Federal and State regulatory requirements. Leased employees may only be mefucled in this to if the prime contractor meets all of the following conditions (1) the prime contractor mAnfa ns central over the N Uperviston all [tic, day-to-day activ ties of the leased cimployees, (2) the prime contractor remains responsible for the quality Of the work of the leased employees. (3) the prime contractor retains all power to accept or exclude individual employees from work on the project: and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages. the submiss on of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Spec ally Items' she I be construed to be limited to work that requires highly spec, al;zed know edge, ab'fifies or equipment not ordinarily available in the type of contracting organizations goal tied and expected to bid or propose on the contract as a whole and in fameral are to be limited to minor components of the overall contract, 2 The contract amount upon whic-In tile requirements set forth in paragraph (1) of Section Vi is computed Includes the cost of material and manufactured products whch are to be purchased or produced by the contractor under the contract provisions 3 The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance willin the contract requirements and is in charge of all construction operations (regardless of who performs the work) and (b) such other of - Is own organizational resources (supervision, management and engineering sem-ces) as the contracting officer determines is necessary to assure the perforinance of the contract. 4 No portion of the contract shall be sublet assigned or otherwise dispos-2d of except With the written consent of the contracting officer. or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for tile fulfillment of the contract Written consent call be given only after the contracting agency has assured that each subcontract is ev denced in writing and that if contains all pertinent provisions and requirements of the prime contract, 5, The 30-1' self-perfort-nance requirement of paragraph (1) is not applicable to design -build contracts'. however, contract-ng agencies may establish their own self -performance requirements. VII, SAFETY: ACCIDENT PREVENTION T 'it a pro vi at a n is appi-abieloa!lFederal-ad construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shal' comply with all applicable Federal. Stale, and local Miss governing safety, health and sangalion (23 UP 635). The contractor shall provide all safeguards safety devi::es and protective equipment and take any other needed actions as 11 determines. or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by file contract Z 11 is a condition of this contract. and she I be made a condition of each subcontract which the contra -tar enters into pursuant to this contract that the contracti--r and any subcontractor shall not peninfli any employee. in performan:--e of the contract„ to work in surroundings or under conditions car on are unsanitary hazardous or dangerous to heither health or safety, as determined tinder construct on safety and health standards (29 CFR 1926) Promulgated by the Secretary of Labor in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U. S,C. 3704), 3, Pursuant to 29 UR 1926 3 it is a conchl on of th's contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance Win the construbfian, safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract yoork Hours and Safety Standards Act (40 U.S.3704), Mill. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T It I a p r a v I a I a n I a applicable to all Federal Ad construction contracts and to all related subcontracts In order to assure h gh quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully. thoroughly and honesily, as possible Wfllful falsification distortion or misrepresenod-on with respect to any facts related to the project Is a violation of Federal law To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1 022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project 18 U,S,C, 1020 reads as follows, e 10 JeAoiddV : 066 (pedwe;s lefiel) aset4d uoponi;suicio - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;u8wt43e;;V "Vchoever, being an officer. agent. or employee of the United States, or of any Stale or Terr. [cry or 1,101IDever, whether a person, association firm or corporation, knowingly makes any false statement, false representation. or false report as to the character, quality, quant,ty. or cost of the material ri-_;ed or to be used, or the quantity or quality of the work pieforined or to be performed, or the cost thereof n connection wuh the submission of plans maps specifications, contracts, or cost, of construction on any highway or related project submitted f:ur approval to the Secretary of Transportation- or Whoever knowingly makes any false statement fal-.e representation, false report or false cla'm with respect to the character, quality, poem ty. or cost of any work performed or to be performed, or materials furnished or to be turn shed, In connection valh the construction of any highway or related project approved by the Secretary of Transportatkin, or Whoever knowingly makes any base statement or false representation as to material fact in any statement. cerfifical-,, or report submitted pursuant to prov sions at the Federal -aid Roads Act approved July 1. 1916 (39 Star, 355) as amended and supplemented, Shall be fined under th s th'e or -mpr sorted not more then 5 years or both," To. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is appl cable to all Federal aid construct on contracts and to all related subcontracts By submission of in's bicliproposal or the execution of this contract, or subcontract as appropriate, the bidder proposer Federal -aid construction contractor. or subcontractor. as appropriate, Will be deemed to have stipulated as fol-ows- 1, That any person omu Is or will be utilized in the performance of this contract is net prohibited from racers no an award due to a violation of Section 508 of the Clean yymfiir Act or Section 306 of the Clean Air Art, 2, That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees In take such action a the contract -rig agency may direct as a means of enforc:ng such requirein-2rits, X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid consirucl-on contracts, design -build contrac's, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that I, estimated to cost $25,000 or more -- as defined in 2 CFR Parts 180 and 1200 I. Instructions for Certification — First Tier Participants: a, By signing and submitting this proposal the prospective first tier participant is providing the certification set out below b, The lnabil:ty of a person to provide the cer0ficalkin set out below val. not necessarily result In denkfi of participation In this covered transaction The prospective first tier participant shall submit an explanation of why It cannot provide the cerfification set out below. The cedificallan or explanation will be considered In connection in the department or agency's diderni nation whether to enter Into this transaction However, fai ore of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction c. Tire certification in this clause Is a material representation of fact upon which reliance was placed when the contracting agency determined to enter Into this transaction. If It is later determined that the ' Prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may to irate this transaction for cause of default it. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any firne the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances, a. The terms "covered transaction," "debarred " "suspended," "ineligible," "participant." `person," "principal," and 'voluntarily excluded," as used in this clause are defined in 2 CFR Parts 180 and 1200 "First Tier Covered 'Transactions" refers to any covered transaction between a grantee or subgrardee of Federal funds and a participant (such as the prime or general contract) 'Lower Tier Covered Transactions" refers to any covered transaction tinder a First Tier Covered Transaciiien (such as subcontracts) 'First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrionee of Federal funds (such as the prime or general contractor) 'Lower Tier Participant" refers any participant who has entered into a covered transaction vain a First Tier Participant or other I-wiver Tier Participants (such as subcontractors and suppliers) f The prospective first tier participant agrees by submitting this Proposal that, should the proposed covered transaction be entered into. it shall not knowingly enter into any lower tier covered transaction with a person who Is debarred. suspended. declared Ineligible, of voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering Into this transaction g The prospect-ve first tier participant further agrees by SUbmill'irig this proposal that it vdH include the clause tilled "Certification Regarding Debarment, Suspension, trial gillifitly and Voluntary Exclusion -Lower Tier Covered Transactions provided by the department or contracting agency, entering into this covered transaction, without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold h A part cipant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that Is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant Is responsible for ensuring that its principals are not suspended. debarred, or otherwise ineligible to participate in covered transactions To verify the eligibility of its principals, as wall as the eligibility of any lower tier prospective participants each participant may. but Is not required to, check the Excluded Parties List System webske (b I �sJIVvoy as go�,., which is compiled by the General Services Administration, e 10 JeAoiddV : 066 (pedwe;s leBel) aset4d uoponi;suoo - s;!q!t4xe 4;!m ;ueweGJBV dV-1 :;u8wt43e;;V 1 Nothing contained In the foregoing shall be construed to require the establishment of a system of records in order render in good faith the certification required by this Clause The knowledge and information of the prospective participant is not required In exceed that which is rhernally possessed by a prudent person in the ordinary course of business dealings, j Except for transactions authorized Linder paragraph (0 of these Instructions. if a participant in a covered transaction knowingly enters into a lower her covered transactionitaffi a person who is suspended, debarred, ineligible, or voluntarily excluded from participation In this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default 2, Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion — First Tier Participants: a The prospective first tier participant certifies to the best of its knocriedge and belief, trial it and its principals (1) Are riot preserilly debarred, suspended, proposed for debarment declared Ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have riot within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal State or local) transaction or contract, under a public tramou -tion, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, finsifiriihmn or destruction of records, making false increments, or receiving stolen property; (3) Are nor presently indicted for or otherwise criminally or civilly charged by a governmental sultry (Federal, Slate or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this applicaltompropersal had one or more public 'transactions (Federal, State or local) terminated for cause or default, or Where the prospective participant Is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2 Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost S25,000 or areas - 2 GFR Parts 180 and 1200) a, By signing and submitting this proposal, the prospective lower tier is providing the certification set out below, lv. The certification In this clause is a material representation of fact upon which reflance was placed when this transaction was entered into. If it is later determined that Our prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue eye€ able remedies, including suspension and/or debarment a The prospective lower tier participant shall provide immediate written notice to the person to which this proposal Is submitted if at any time the prospective lower tier panic: pant learns that its certification was erroneous by reason of changed circumstances, d The terms "covered transaction," "debarred." "suspended " "ineligible," "participant I "person," "principal," and "Voluntarily excluded," as used in this clause. are defined in 2 CFR Paris 180 and 1200 You may contact the person to which this proposal is submitted for assistance in obtaining a copy of [hose regulations. 'First Tier Covered Transactions' refers to any covered transaction between a grantee or subgrarcere all Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (,such as subcontracts), "Firs', Tier Part cipark" refers to the participant who has entered into a covered transaction Arm a grantee or subgrarace of Federal funds (such as the prime or general contractor) 'Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers), e The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter Into any lower tier covered transaction with 2 person who is debarred, suspended. declared ineligible. or voluntarily excluded train participation in this covered transaction, unless authorized by the department or agency with which In a transaction originated. f The prospective lower tier participant further agrees by submitting this proposal [hat It will include this clause titled "Certification Regarding Debarment. Suspension. ineliglUirly and Voluntary Exclusion Lower Tier Covered Transaction." without modification, In all lower her covered transactions and in all solicitations for lower lie, covered transactions exceeding the $25,000 threshold g, A participant in a covered transaction may rely upon a certification of a prospective part ciPant in a lower tier covered transaction that is not debarred suspended ineligible. or voluntarily excluded train the covered transaction unless it knows that the certification is erroneous. A parfic'pant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions To verily the at gibility of its principals as wel as the eligibility of any lower tier prospect ve participants each participant may, but Is not required to. check the Excluded Parties List System websile ( ), which is compiled by the General Services Adrit'nedradon h Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render In good faith the certification requ red by this clause The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person Err the ordinary course of business dealings I. Except for transactions authorized under paragraph to of these Instructions, if a participant in a covered transaction knowingly enters into a lower I er covered transaction with a person who is suspended, debarred Ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government the e 10 JeAoiddV : 066 (pedwe;s leBel) aset4d uoponi;suoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;u8wt43e;;V department or agency with which this transaction originated may pursue available remedies, including suspension andfor debarment, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency 2, Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal, XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal aid construction contracts and to all related subcontracts which exceed 5100,000 (49 CFR 20), 1, The prospective participant certifies, by signing and submitting Into bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or wfil be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with this Federal contract, grant, ban, or cooperative agreement, the undersigned shall complete and submit Standard Form-I.I.L. "Disclosure Form to Report Lobbying." in accordance %-Alh its Instructions, 2. This certification is a material representation of fact open which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering Into this transaction Imposed by 31 U.S.C, 1352. Any person who falls to file the required certification shall be subject to a civil penalty of not less than 510,000 and not more than S I K000 for each such failure 3. The prospective participant also agrees by submitting its bid or proposal Ihat the participant shall require that the language of this certification be Included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly, e 10 JeAoiddV : 066 (pedwe;s lefiel) aset4d uoponi;suicio - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;u8wt43e;;V ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under [tie Appalachian Regional Development Act of I D65. I . During the performance of this contract, the contractor widerlaking to do work which is, or reasonably may be, done a.-. on -rate work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DO" wherein the contract work is situated, er the subregion, or the Appa'achran counties of the Stale wharern the contras-t work is situated, except: a. 'so the extent that qualified persons regularly residing in the area are not available. b. Far the reasonable needs of the contractor to emproy supervu:3ry or specially experienced personnel necessary to Fissure an efficient execution of lh2 contract work, c. For the obfigation of the contractor to offer employment 1: 1 present or former employees as the result of a lawful collective bargaining contract, provided that ti -,o numb-2 r of nonresident persons employed under this subparagraph (f c) shot not exceed 20 percent of the total number of employ-2es employed by the contrarifts- on the contract oc irk c-lic-optasprovdedin subparagraph (4) below, 2. The contractor shall place a Iob order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (13) the number of employees required in each classification, (c) the dale on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order rimy be placed sixth the State Employment Service in %-ailing or by telephone If during the course of the contract work, the info matron submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service, 3 The contractor shah give full cam--iderafion to all qualified applicants cas referred to hire by the State Employrriern J I Service The contractor is riot required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work regained. 4 If within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested. [he Stale Employment Service will forward a certificate to M2 contractor ind cating the unavailabifily of applicants. Such cert ficale shall be made a part of the contractor's permanent project records. Upon ref linfe of this certificate the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate notwithstanding the provisions of subparagraph (1c) above 5 The pro sloes of 23 CP R 633.207(e) a! low the contracting agency to provide a contrachnif preference for the use of rinneral resource materials native to the Appalachian region 6 The contractor shall include the provisions of Sections i through 4 of this AttaChn'rent A in every subcontract for work which is, or reasonably may be done as on site work e 10 jeAojddV : 066 (pedwe;s leBal) aset4d uoponi;suoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;u8wt43e;;V STET[ a.- rLORMADEDARTMENT OF M4ASPORTATION 525-0104DE ROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT 0GC_ D811 5 Page I 0fz 4191fliffil" TITLE VI ASSURANCES During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as the "contractor") agrees as follows Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract. (2.) Nondiscrimination: The Contrartor, with regard to the work performed by it during the contract, shal not discriminate on the basis of race, color, national origin, or sex in the selection and retention of sub -contractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or ind-rectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS. (3.) Solicitations for Sub -contractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under sub -contract, including procurements of materials or leases of equipment, each potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the REGULATIONS relative to nondiscrimination on the basis of race, color, national origin, or sex (4.) information and Reports. The contractor shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books. records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information, Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration. Federal Aviation Administration, or e 10 JeAoiddV : 066 (pedwe;s lefiel) aset4d uoi;onj;suoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;u8wt43e;;V STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-OIOAOE LOCAL AGENCY RAM PROGRAM AGREEMENT ROGMAOGC-NAGEMENT DB115 Page 2 of 2 Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the contractor under the contract until the contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part (6.) incorporation of Provisions: The contractor shall Include the provisions of paragraphs (1) through (7) in every sub -contract, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Cartier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Floods Department of Transportation, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States, (74) Compliance with Nondiscrimination Statutes and Authorities., Title Vi of the Civil Rights Act of 1964 (42 U.Q.C. § 2000d at see., 78 stet. 252), (prohibits discrimination an the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U,S,C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 Uo&C. § 324 at seq.), (prohibits, discrimination on the basis of sex),- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 at seq,), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27, The Age Discrimination Act of 1975, as amended, (42 U,&C. § 6101 at seq.), (prohibits discrimination on the basis of age), Airport and Airway Improvement Act of 1982, (49 USU § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1967, (PL 100-209), (Broadened the scope, coverage and applicability of Title At of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms 'programs or activities' to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U,S,C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title At, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IS of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1661 at seq). e 10 JeAoiddV : 066 (pedwe;s leBal) aset4d uoponi;suoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;uGwt43e;;V STATE OF FLORMA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT AGENCY RESOLUTION The agency Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. e 10 jeAojddV : 066 (pedwe;s jeBej) aset4d uoponi;suoo - s;!q!t4xe t4;!m ;ueweGJBV dV-1 :;u8wt43e;;V STA " I A UDEPAR,341& 0 . , .,,; ,D�,' 5 , E 0�� ROM` - " ;T P 7p%� P �R 10 LOCAL AGENCY PROGRAM AGREEMENT FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS, CFDA No.: 20205 CFDA Title: Highway Planning and Construction Federal -Aid Highway Program. Federal Lands Highway Program CFDA Program Site: Award Amount: $900,000.00 Awarding Agency: Florida Department of Transportation Award Is for R&D: No Indirect Cost Rate: N/A 0. 0. PRG�',RAM MANAGEEPAEN FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: 2 CFR Part 200 — Uniform Administrative Requirements. Cost Principles & Audit Requirements for Federal Awards OMB Circular A-1 33, Audits of States, Local Governments and Non -Profit Organizations COB Circular A-1 33 Compliance Supplement 2014 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: ORB Circular A-87 (Revised), Cost Principles for State, Local and Indian Tribal Governments OMB Circular A-1 02, Giants and Cooperative Agreements with State and Local Governments Title 23 — Highways, United States Code Title 49 — Transportation United States Code Map-21 — Moving Ahead for Progress in the 21" Century, Public Law 112-141 Federal Highway Administration — Florida Division Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS)