Item Q4County off Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
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Mayor Pro Tern David Rice, District 4
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Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
May 17, 2017
Agenda Item Number: Q.4
Agenda Item Summary #3001
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Chris Rivera (305) 292-4523
N/A
AGENDA ITEM WORDING: Approval to advertise Request For Qualifications (RFQ) for the
Lower Keys Scenic Viewing area (Big Pine Swimming Hole) for Construction Engineering and
Inspection (CEI) contractor. This is an FDOT requirement of the Local Agency Program Agreement
(LAP). (TO BE HEARD WITH ITEM C-32)
ITEM BACKGROUND: The 100% complete construction drawings for the Lower Keys Scenic
Viewing Area (Big Pine Swimming Hole), are being reviewed by FDOT prior to issuance of a
construction RFP. The FDOT Local Agency Program Agreement (LAP) for construction funding
requires the use of a CEI (Construction Engineering and Inspection) contractor. This authorizes
issuance of a Request for Qualifications (RFQ), so that a CEI contract can be ready upon plan
approval by FDOT.
Please see attached C-32 agenda backup to view the FDOT Local Agency Program Agreement
(LAP) for construction funding that requires the use of a CEI (Construction Engineering and
Inspection) contractor.
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:
N/A
STAFF RECOMMENDATION: Staff recommends approval to advertise RFQ.
DOCUMENTATION:
C32 AGENDA BACKUP BOCC 5 17 17
FINANCIAL IMPACT:
Effective Date: May 17, 2017
Expiration Date:
Total Dollar Value of Contract: TBD
Total Cost to County:
Current Year Portion:
Budgeted: Yes
Source of Funds: 304
CPI:
Indirect Costs: Staff Time
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
N/A If yes, amount:
Additional Details: N/A
N/A
REVIEWED BY:
Kevin Wilson
Completed
05/08/2017 3:34 PM
Doug Sposito
Skipped
05/08/2017 1:27 PM
Patricia Eables
Completed
05/08/2017 3:57 PM
Budget and Finance
Completed
05/09/2017 10:48 AM
Maria Slavik
Skipped
05/08/2017 3:35 PM
Kathy Peters
Completed
05/09/2017 1:14 PM
Board of County Commissioners
Pending
05/17/2017 9:00 AM
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County of Monroe A!
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Ir` orida Keys �
Mayor Pro Tern David Rice, District 4
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 CY
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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 CD
Keys Scenic Viewing Area (Big Pine Swimming Hole), Monroe County needs a 1) Resolution 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.
L)
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 $500,000.00
CC1701
REVIEWED BY:
Ann Mytnik
Completed
05/03/2017 3:56 PM
Doug Sposito
Completed
05/03/2017 4:18 PM
Patricia Eables
Completed
05/03/2017 4:23 PM
Budget and Finance
Completed
05/03/2017 4:24 PM
Maria Slavik
Completed
05/03/2017 4:28 PM
Kathy Peters
Completed
05/03/2017 4:32 PM
Board of County Commissioners
Pending
05/17/2017 9:00 AM
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STATE OF FLORDA DEPARTMENT OF 0MSPORTATION 62$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,
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PROGRAM MANAr.
LOCAL AGENCY PROGRAM AGREEMENT OGC— a
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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.
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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.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTAT ON 525-OV 4)
PROGRAM MANAGEM
LOCAL AGENCY PROGRAM AGREEMENT OGG-04
Page 3 -1,a1
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.
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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;
C. The 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.
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 (4NI 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.
L Administers inherently governmental project activities, including those dealing with cost, time,
adherence to contract requirements, construction quality and scope of Federal -aid projects;
it. Maintains familiarity of day to day Project operations, including Project safety issues;
iii. 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;
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STATE OF FLOR DA DEPARTNIGN- OF TRANSPORTATON 525.010 � PROGRAM MANAGENO
LOCAL AGENCY PROGRAM AGREEMENT OGC-0-1 too
Page 5 & (L
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vii. Is aware of the qualifications, assignments and on-the-job performance of the Agency and
consultant staff at all stages of the Project,
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STATE OF FLORIDA DEPARTMENT OF TPANSPORTATIION
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PROGRAM MANAG-00M
LOCAL AGENCY PROGRAM AGREEMENT OGC 0 (Q
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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.
.......... . . . . . . . . .
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me Stal or Flon a u or General in accordance witin Ine provisions at QMB Circular
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.
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STATE OF FLORi--A DEPARTMENT OFT NSPORTATIC N
PROGRAM MANANL OGC OPa 7d
LOCAL AGENCY PROGRAM AGREEMENT
G.
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).
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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.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011
PROGRAM MANAGEME
LOCAL AGENCY PROGRAM AGREEMENT GGc—a; Q
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Records related to unresolved audit findings, appeals or litigation shall be retained until the action
is complete or the dispute is resolved.
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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
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STATE OF FLOG DA DEPARTMENT OF TRANSPOATAT-:)N 525'au %
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEM .19
P.A. S. (L
closing out of federal financial participation in the Project shall not constitute a waiver of any claim whiUc
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
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:
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
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATC N 525.01C %
PROGRAM MA.19NAGEME
LOCAL AGENCY PROGRAM AGREEMENT OGC- 0. 0
PARA 11 0 0
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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
MOMMUMMIME
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:
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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
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0.
STA-F CF FLORIDA DEPARTMENT OF TRANSPORTATiON 525' 01 *-
PROGRAM MANAGEM 4)
LOCAL AGENCY PROGRAM AGREEMENT .19
0GC_0 Q
Page 12 a (L(U
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
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0.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SZ5-011 *-
PROGRAM MANASEMI 4)
LOCAL AGENCY PROGRAM AGREEMENT .19
OGC- 0: tj
Page 13 C (U
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1. WWI OWNS
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.
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SLATS OF FLORIDA DEPARTMENT OF TRANSPORTATION 52501
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEM.19
OGO- a 0
Page 14 1 M
(L
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��
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0.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATK)N 525-0"
PROGRAM MANAGEMI
LOCAL AGENCY PROGRAM AGREEMENT
OGG-
Page 15
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
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TTs"TE OFOr 0A DEPARTMENT OF TRANSPORTATION 3'
to
rROGRAU MAN kcll-,,Z�
LOCAL AGENCY PROGRAM AGREEMENT
(L
e
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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 Department 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
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or
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2 -5 STMr OF' 5LORD A EAPARIV-1041 rl.- tr*ANSP' 0MAT ON Q -010-40 0.
PROGRAM MANGEN
LOCAL AGENCY PROGRAM AGREEMENT EM
0 G C , ON 151
P.;- 18 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 PG&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
lig 0-00
FY, 17118
FY-
FY
Total 5E—
I Cost
S 50,000
S50,000
perallons - 89
FY,
FY
FY
Total Operations costs
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
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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.
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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
regulal'ans 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
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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 she" 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
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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 Let 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, calor 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 not 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
fallowing:
(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
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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.
b.mThe 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 the 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
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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
1Lb (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,
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(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 when 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 journeynien 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.
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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
with 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 5100,000 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
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al. SUBLET`HNG OR ASSIGNING THE CONTRACT
This provision is applicable to afFedere-aid constru-tion
contracts on the National Highway Systerm
1. The contractor shall perform with its own organization
contract vapor k 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
fiefforreed 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 work
required to be performed by [tie 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 tire pitme contractor, or any other assignees. The
to may include payments for the costs of hiring leased
employees from an employee leasing pull meeting all relevant
Federal arid State regulatory requirements. Leased
employees may only be mefucled in this term if the prime
contractor meets all of the following conditions
(1) the prime contractor manta ns central over the
N Upervislon 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 general 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 At 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
requ-nements,
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 lave;
governing safety, health and sangaillon (23 CFR 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 construldmo 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
UG.0 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 honestly 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,
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"Vchnever, 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 contraid-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, mwer-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 Win 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,
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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 fewer 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, that 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 not 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 rnore - 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 the 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
subgrardere 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 that 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'rustradon
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
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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,
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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
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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
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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 stat. 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).
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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.
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■ 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
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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
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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
PROJ'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
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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 LOCAL 'UNDS 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,
FY
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-
Total ISIFUCHOn Cost
CU
S L350,000
850,000
'onstruction Engliworing and Inspoction (CEI) - 68
Fy.
—
FY
-
.. . ...... ..............
Tola'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
S900a
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.
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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
G.
(L
PRG�',RAM MANA
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)