Item C13 C.13'
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CountCounty ��Monroe. ,y, ? "tr, BOARD OF COUNTY COMMISSIONERS
y M T� \�1a� Mayor Michelle Coldiron,District 2
�1 1 nff `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
June 16, 2021
Agenda Item Number: C.13
Agenda Item Summary #3315
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Jordan Salinger (305) 570-9156
N/A
AGENDA ITEM WORDING: Approval of Supplemental Agreement 42 to FDOT Agreement
(Contract GON68) for the development of the Lower Keys Scenic Viewing Area (Big Pine
Swimming Hole). This Amendment to the Grant reallocates $50,000 in grant funding from the
Construction Engineering & Inspection (CEI)phase to the Construction phase of the project.
ITEM BACKGROUND:
The Big Pine Swimming Hole is located south of US 1 at the west end of Big Pine Key adjacent to
the Old North Pine Channel Bridge. The BOCC directed the county staff to secure the use of the site
for a passive recreation facility. A LAP agreement for Construction-phase funding was approved in
the amount of$900,000. Of the original total grant amount, $850,000 went toward Construction
work and $50,000 went toward Construction Engineering and Inspection (CEI) Services. This
Supplemental Agreement 42 reallocates the $50,000 CEI portion to the Construction portion of the
work which is still a total grant amount of$900,000.
PREVIOUS RELEVANT BOCC ACTION:
5/17/2017 —BOCC approved a LAP Agreement between FDOT and Monroe County for funding, in
the amount of$900,000 to construct a Lower Keys Scenic Viewing Area located at the Big Pine
Swimming Hole.
5/19/2021 —BOCC approved Supplemental Agreement 41 to the LAP Agreement which extended
the expiration date to 9/30/2022.
CONTRACT/AGREEMENT CHANGES:
Reallocate funding from CEI phase to Construction Phase
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
LAP Supplemental Agmt 42 - BP Swimming Hole—legal stamped
LAP Supplemental Agreement 41 - legal stamped
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C.13'
FM 435511-1 Contract GON68 LAP agreement Executed
FINANCIAL IMPACT:
Effective Date: 6/19/2017
Expiration Date: 9/30/22
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: N/A If yes, amount:
Grant: FDOT LAP Grant
County Match: N/A
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Cary Knight Completed 05/28/2021 4:29 PM
Kevin Wilson Completed 05/30/2021 5:09 PM
Joseph DiNovo Completed 06/01/2021 8:02 AM
Purchasing Completed 06/01/2021 8:20 AM
Budget and Finance Completed 06/01/2021 8:30 AM
Maria Slavik Completed 06/01/2021 8:32 AM
Liz Yongue Completed 06/01/2021 10:56 AM
Board of County Commissioners Pending 06/16/2021 9:00 AM
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DocuSign Envelope ID: D549138F-7095-4CEC-AC03-AE818397BA63
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION C•�`�•a
LOCAL AGENCY PROGRAM 525-010-32
SUPPLEMENTAL AGREEMENT PROGRAM MANAGE08/19
Page 1 of 3
SUPPLEMENTAL NO. FEDERAL ID NO. (FAIN)
2 D617-046-BCL
—
CONTRACT NO. FEDERAL AWARD DATE
GON68 6/13/2017
FPN RECIPIENT DUNS NO.
435511-1-58-01 &435511-68-01 073876757
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Recipient, Monroe County desires to supplement
the original Agreement entered into and executed on 6/19/2017 as identified above. All
provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this
supplement.
The changes to the Agreement and supplements, if any, are described as follows:
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PROJECT DESCRIPTION
Name Monroe County Lower Keys Scenic Highway Viewing Area Length 450 feet
Termini Between Mile Marker 29 and Mile Marker 30 along US1
Description of Work: m
Design a scenic pull off including information kiosk, restrooms, parking, landscaping, a boardwalk with overlook mI
adjacent to US1 near North Pine Channel.
Reason for Supplement and supporting engineering and/or cost analysis: _
The supplemental agreement is needed to reallocate funding from the phase 68 CEI ($50,000)to the phase 58
Construction Services. CL
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DocuSign Envelope ID: D549138F-7095-4CEC-AC03-AE818397BA63
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION C•�3•a
LOCAL AGENCY PROGRAM 525-010-32
SUPPLEMENTAL AGREEMENT PROGRAM MANAGE08/19
Page 3 of 3
IN WITNESS WHEREOF, the parties have executed this Agreement on the date last ascribed herein.
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RECIPIENT Monroe County STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
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01NIRGE COUNTY ATTOR'NE M Date:
APPROVED AS TO FORM E
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DocuSign Envelope ID:A29B3351-45C4-48E6-8988-ACB9B46646D6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION C• `�•b
LOCAL AGENCY PROGRAM 525-010-32
SUPPLEMENTAL AGREEMENT PROGRAM MANAGE 00$N9
Page 1 of 41
SUPPLEMENTAL NO. FEDERAL ID NO. (FAIN)
1 D617-046-B
CONTRACT NO. FEDERAL AWARD DATE
GON68 June 13, 2017
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FPN RECIPIENT DUNS NO.
435511-1-58-01 &435511-1-68-01 073876757
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Recipient, Monroe County desires to supplement
the original Agreement entered into and executed on June 19, 2017 as identified above. All rL
provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this
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supplement.
The changes to the Agreement and supplements, if any, are described as follows:
PROJECT DESCRIPTION
Name Monroe County Lower Keys Scenis Viewing Area Length 450 feet
Termini Between Mile Marker 29 and Mile Marker 30 along US1
Description of Work:
Design a scenic pull off including information kiosk, restrooms, parking, landscaping, a boardwalk with overlook
adjacent to US1 near North Pine Channel. y
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Reason for Supplement and supporting engineering and/or cost analysis:
The language in the attached "Attachment A" — "Local Agency Program Agreement" replaces the language in the "Local
Agency Program Agreement" executed on June 19, 2017.
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The attached "Adjusted Exhibit"B"Schedule of Financial Assistance" replaces the "Exhibit"B"Schedule of Funding",which
was attached to the LAP Agreement executed on June 19, 2017.
The attached "Exhibit "A" Project Description and Responsibilities" replaces the "Exhibit "A" Project Description and
Responsibilities", which was attached to the LAP Agreement executed on June 19, 2017
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This supplemental agreement incorporates Exhibit C Title VI Assurances, Exhibit E Federal Financial Assistance (Single a.
Audit Act),Exhibit F Contract Payment Requirements, Exhibit G FHWA Form 1273, and retains Exhibit D Agency Resolution
of the original agreement; Exhibits H, I, J, K, L, M, N, and O referenced in Attachment A are not part of this agreement. CL
This supplemental agreement modifies the "Expiration of Agreement" for this contract and extends the contract end date.
The agency agrees to complete the Project on or before 9/30/2022.
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DocuSign Envelope ID:A29B3351-45C4-48E6-8988-ACB9B46646D6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION C• 3•b
LOCAL AGENCY PROGRAM 525-010-32
SUPPLEMENTAL AGREEMENT PROGRAM MANAGE 00$N9
Page 3 of 41
IN WITNESS WHEREOF, the parties have executed this Agreement on the date last ascribed herein. c
RECIPIENT Monroe County STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION CL
Recipient signature included on final page.
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By: By:
Name: Name:
Title: Title:
NAOE COUNTY ATTORNEYS OFFFCE Date: CL
APPROVED AS TO dFOFIM
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.. s Legal Review:
JUSEFIH i
-asTANT 666 wry#TToli gNEY
DATE. 4-16-2021
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DocuSign Envelope ID:A29B3351-45C4-48E6-8988-ACB9B46646D6
Al l ACHMEN I A C,13,b
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEE MENTMENT
OGC/OOC—09/19
Page 1 of 15
FPN: 43551 1-1-58-01 FPN: 435511-1-68-01 FPN:
Federal No (FAIN): D617-046-B Federal No (FAIN): D617-046-B Federal No (FAIN): o
Federal Award Date: Federal Award Date: Federal Award Date: _
Fund: Fund: Fund:
Org Code: Org Code: Org Code:
FLAIR Approp: FLAIR Approp: FLAIR Approp: CL
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FLAIR Obj: FLAIR Obj: FLAIR Obj:
County No:90 (Monroe) Contract No: GON68
Recipient Vendor No: VF596000749-114 Recipient DUNS No: 073876757
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS LOCAL AGENCY PROGRAM AGREEMENT ("Agreement"), is entered into on CL
by and between the State of Florida Department of Transportation, an agency
(This date to be entered by DOT only)
of the State of Florida ("Department"), and Monroe County("Recipient").
NOW,THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties
agree to the following:
1. Authority: The Department is authorized to enter into this Agreement pursuant to Section 339.12, Florida _
Statutes. The Recipient by Resolution or other form of official authorization, a copy of which is attached as
Exhibit "D" and made a part of this Agreement, has authorized its officers to execute this Agreement on its
behalf.
2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
Monroe County Lower Keys Scenic Highway Viewing Area, as further described in Exhibit "A", Project
Description and Responsibilities attached to and incorporated in this Agreement ("Project"), to provide
Department financial assistance to the Recipient; state the terms and conditions upon which Department funds
will be provided; and to set forth the manner in which the Project will be undertaken and completed.
3. Term of Agreement: The Recipient agrees to complete the Project on or before 9/30/2022. If the Recipient
does not complete the Project within this time period,this Agreement will expire on the Iastday of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Recipient
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 term of this Agreement
will not be reimbursed by the Department.
4. Project Cost:
a. The estimated cost of the Project is $ 900,000.00. This amount is based upon the Schedule of Financial
Assistance in Exhibit "B", attached to and incorporated in this Agreement. Exhibit"B" may be modified
by mutual execution of an amendment as provided for in paragraph 5.i.
b. The Department agrees to participate in the Project cost up to the maximum amount of$900,000.00 and
as more fully described in Exhibit "B". This amount includes Federal-aid funds which are limited to the
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actual amount of Federal-aid participation. The Department's participation may be increased or reduced
upon determination of the actual bid amounts of the Project by the mutual execution of an amendment.
The Recipient agrees to bear all expenses in excess of the total cost of the Project and any deficits incurred
in connection with the completion of the Project.
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:
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DocuSign Envelope ID:A29B3351-45C4-48E6-8988-ACB9B46646D6
C.13.b
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEE MENTMENT
OGC/OOC—09/19
Page 2 of 15
i. Legislative approval of the Department's appropriation request in the work program year that the
Project is scheduled to be committed;
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ii. Availability of funds as stated in paragraphs 5.1. and 5.m. of this Agreement;
iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of
this Agreement; and
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iv. Department approval of the Project scope and budget at the time appropriation authority becomes
available.
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5. Requisitions and Payments
a. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable
must specifythe required minimum level of service to be performed and the criteria for evaluating successful
completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described CL
more fully in Exhibit "A".
b. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre-audit and post-audit based
on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A".
Deliverables must be received and accepted in writing by the Department's Project Manager prior to
payments. Requests for reimbursement by the Recipient shall include an invoice, progress report and
supporting documentation for the period of services being billed that are acceptable to the Department.
The Recipient shall use the format for the invoice and progress report that is approved by the
Department.
c. The Recipient shall charge to the Project account all eligible costs of the Project except costs agreed to be E
borne by the Recipient or its contractors and subcontractors. Costs in excess of the programmed funding
or attributable to actions which have not received the required approval of the Department shall not be
considered eligible costs. All costs charged to the Project, including any approved services contributed by U/
the Recipient or others, shall be supported by properly executed payrolls, time records, invoices, contracts
or vouchers evidencing in proper detail the nature and propriety of the charges.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by
the Recipient and must also establish that the required minimum level of service to be performed based on 76
the criteria for evaluating successful completion as specified in Exhibit "A" was met. All costs invoiced
shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing
in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment
Requirements.
e. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida
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Statutes and the most current version of the Disbursement Handbook for Employees and Managers.
f. Payment shall be made only after receipt and approval of goods and services unless advance payments
are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida E
Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes.
❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit "H",
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Alternative Advance Payment Financial Provisions is attached and incorporated into this
Agreement.
If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall
notify the Recipient of the deficiency to be corrected, which correction shall be made within a time-frame to
be specified by the Department.The Recipient shall,within thirty(30)days after notice from the Department,
provide the Department with a corrective action plan describing how the Recipient will address all issues of
contract non-performance, unacceptable performance, failure to meet the minimum performance levels,
deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the
Packet Pg.401
DocuSign Envelope ID:A29B3351-45C4-48E6-8988-ACB9B46646D6
C.13.b
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEE MENTMENT
OGC/OOC—09/19
Page 3 of 15
Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will
not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the m
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Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If
the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's _
to rm.
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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 CL
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.
If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant
to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Recipient.
Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment.
Invoices that have to be returned to an Recipient because of Recipient 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.
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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. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are
tracked separately. 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 E
Department upon request. Records of costs incurred include the Recipient'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 US
considered necessary by the Department for a proper audit of costs.
i. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Recipient
and approved by the Department. The Recipient 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
Recipient. The Recipient acknowledges and agrees that funding for this project may be reduced upon
determination of the Recipient's contract award amount.
j. If, after Project completion, any claim is made by the Department resulting from an audit or for work or
services performed pursuant to this Agreement, the Department may offset such amount from payments
due for work or services done under any agreement which it has with the Recipient owing such amount if,
upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount
pursuant to this paragraph shall not be considered a breach of contract by the Department.
k. The Recipient must submit the final invoice on the Project to the Department within 120 days after the
completion of the Project. Invoices submitted after the 120-day time period may not be paid.
I. The Department's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. If the Department's funding forthis Project is in multiple fiscal years,funds
approval from the Department's Comptroller must be received each fiscal year priorto costs being incurred.
See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not
eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the
Recipient, in writing, when funds are available.
m. In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year, the
provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
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DocuSign Envelope ID:A29B3351-45C4-48E6-8988-ACB9B46646D6
C.13.b
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEE MENTMENT
OGC/OOC—09/19
Page 4 of 15
"The Department, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any contract, _
verbal or written, made in violation of this subsection is null and void, and no money may
be paid on such contract. The Department shall require a statement from the comptroller
of the Department that funds are available prior to entering into any such contract or other
binding commitment of funds. Nothing herein contained shall prevent the making of CL
contracts for periods exceeding 1 year, but any contract so made shall be executory only
for the value of the services to be rendered or agreed to be paid for in succeeding fiscal
years, and this paragraph shall be incorporated verbatim in all contracts of the Department
which are for an amount in excess of$25,000 and which have a term for a period of more
than 1 year."
6. Department Payment Obligations:
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Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Recipient
pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect
by notice in writing not to make a payment if:
a. The Recipient 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 Recipient of any of its duties or obligations
which mayjeopardize or adversely affect the Project, the Agreement or payments to the Project;
c. The Recipient 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; U)
d. There has been any violation of the conflict of interest provisions contained in paragraph 14.f.; or
e. The Recipient has been determined by the Department to be in default underanyof the provisions of the Agreement.
The Department may suspend orterminate payment forthat portion of the Project which the Federal Highway Administration
("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal-aid.
In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to
the Department's issuance of a Notice to Proceed ("NTP"), 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 bome by
the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines,
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and costs attributable to goods or services received under a contract or other arrangements which have not been approved
in writing by the Department.
7. General Requirements:
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The Recipient shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in
accordance with the provisions in this Agreement, and all applicable laws. The Project will be performed in accordance with
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all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's
Local Agency Program Manual (FDOT Topic No. 525-010-300),which by this reference is made a part of this Agreement.
Time is of the essence as to each and every obligation under this Agreement.
a. A full time employee of the Recipient, qualified to ensure that the work being pursued is complete, accurate,
and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible
charge of the Project, which employee should be able to perform the following duties and functions:
i. Administers inherently governmental project activities, including those dealing with cost, time,
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adherence to contract requirements, construction quality and scope of Federal-aid projects;
ii. Maintains familiarity of day to day Project operations, including Project safety issues;
0
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 CL
complexity of the Project;
0
v. Reviews financial processes, transactions and documentation to ensure that safeguards are in
place to minimize fraud, waste, and abuse;
vi. Directs Project staff, agency or consultant, to carry out Project administration and contract
oversight, including proper documentation;
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vii. Is aware of the qualifications, assignments and on-the-job performance of the Recipient and
consultant staff at all stages of the Project.
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b. Once the Department issues the NTP for the Project, the Recipient shall be obligated to submit an invoice
or other request for reimbursement to the Department no less than once every 90 days (quarterly),
beginning from the day the NTP is issued. If the Recipient fails to submit quarterly invoices to the
Department, and in the event the failure to timely submit invoices to the Department results in the FHWA
removing any unbilled funding or the loss of state appropriation authority (which may include the loss of
state and federal funds, if there are state funds programmed to the Project),then the Recipient will be solely
responsible to provide all funds necessary to complete the Project and the Department will not be obligated
to provide any additional funding for the Project. The Recipient waives the right to contest such removal of E
funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related
to the loss of state appropriation authority. In addition to the loss of funding for the Project, the Department
will also consider the de-certification of the Recipient for future LAP Projects. No cost may be incurred
under this Agreement until after the Recipient has received a written NTP from the Department. The
Recipient agrees to advertise or put the Project out to bid thirty (30) days from the date the Department
issues the NTP to advertise the Project. If the Recipient is not able to meet the scheduled advertisement,
the Department District LAP Administrator should be notified as soon as possible.
76
c. If all funds are removed from the Project, including amounts previously billed to the Department and
reimbursed to the Recipient, and the Project is off the State Highway System, then the Department will
have to request repayment for the previously billed amounts from the Recipient. No state funds can be
used on off-system projects, unless authorized pursuant to Exhibit"I", State Funds Addendum, which will
be attached to and incorporated in this Agreement in the event state funds are used on the Project.
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d. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is
required under applicable law to enable the Recipient to enter into this Agreement or to undertake the
Project or to observe, assume or carry out any of the provisions of the Agreement, the Recipient will initiate76
and consummate, as provided by law, all actions necessary with respect to any such matters.
e. The Recipient shall initiate and prosecute to completion all proceedings necessary, including Federal-aid
requirements, to enable the Recipient to provide the necessary funds for completion of the Project.
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f. The Recipient shall submit to the Department such data, reports, records, contracts, and other documents
relating to the Project as the Department and FHWA may require. The Recipient shall make such
submissions using Department-designated information systems.
g. Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable federal
and state laws, the regulations in 23 Code of Federal Regulations (C.F.R.)and 49 C.F.R., and policies and
procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account
of any cost incurred prior to authorization by FHWA to the Department to proceed with the Project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount
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claimed is not eligible, federal participation may be approved in the amount determined to be adequately
supported and the Departmentshall notify the Recipient in writing citing the reasonswhy items and amounts
0
are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA
requirements exists federal funds may be withheld until compliance is obtained. Where non-compliance is _
not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in
total. For any amounts determined to be ineligible for federal reimbursement for which the Department has 0)
advanced payment, the Recipient shall promptly reimburse the Department for all such amounts within 90 0
days of written notice. CL
00
h. For any project requiring additional right-of-way, the Recipient must submit to the Department an annual
0
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.
8. Audit Reports: CL
The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to
audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to
conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authority of any state
agency inspector general, the State of Florida Auditor General, or any other state official. The Recipient shall comply with
all audit and audit reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements,
monitoring procedures may include, but not be limited to, on-site visits by Department staff and/or other procedures 76
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 E
provided through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to
comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department.The
Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed U/
necessary by the Department, State of Florida Chief Financial Officer("CFO"), or State of Florida Auditor General.
b. The Recipient, a non-federal entity as defined by 2 CFR Part 200, as a subrecipient of a federal award awarded by
the Department through this Agreement is subject to the following requirements:
76
i. In the event the Recipient expends a total amount of federal awards equal to or in excess of the threshold
established by 2 CFR Part 200, Subpart F —Audit Requirements, the Recipient must have a federal single or
program-specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200,
Subpart F — Audit Requirements. Exhibit "E" to this Agreement provides the required federal award
identification information needed by the Recipient to further comply with the requirements of 2 CFR Part 200,
Subpart F—Audit Requirements. In determining federal awards expended in a fiscal year, the Recipient must
consider all sources of federal awards based on when the activity related to the federal award occurs, including
the federal award provided through the Department by this Agreement. The determination of amounts of federal
awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F —
Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the
provisions of 2 CFR Part 200, Subpart F—Audit Requirements, will meet the requirements of this part. E
ii. In connection with the audit requirements, the Recipient shall fulfill the requirements relative to the auditee
responsibilities as provided in 2 CFR Part 200, Subpart F—Audit Requirements.
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iii. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F —Audit
Requirements, in federal awards, the Recipient is exempt from federal audit requirements for that fiscal year.
However, the Recipient must provide a single audit exemption statement to the Department at
FDOTSingleAuditgdot.state.fl.us no later than nine months after the end of the Recipient's audit period for _
each applicable audit year. In the event the Recipient expends less than the threshold established by 2 CFR
Part 200, Subpart F — Audit Requirements, in federal awards in a fiscal year and elects to have an audit 0)
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F —Audit Requirements, the cost of 0
the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from the CL
Recipient's resources obtained from other than federal entities).
0
iv. The Recipient must electronically submit to the Federal Audit Clearinghouse ("FAC") at
https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F —
Audit Requirements,within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months
after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200,
Subpart F —Audit Requirements, and this Agreement. However, the Department requires a copy of the audit
reporting package also be submitted to FDOTSingleAuditgdot.state.fl.us within the earlier of 30 calendar days CL
after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part
200, Subpart F—Audit Requirements.
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V. Within six months of acceptance of the audit report by the FAC,the Department will review the Recipient'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. If the Recipient fails to have an audit conducted in
accordance with 2 CFR Part 200, Subpart F — Audit Requirements, 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: m
1. Temporarily withhold cash payments pending correction of the deficiency by the Recipient
or more severe enforcement action by the Department; U)
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.
vi. As a condition of receiving this federal award, the Recipient shall permit the Department or its designee, the
CFO, or State of Florida Auditor General access to the Recipient's records including financial statements, the
independent auditor's working papers, and project records as necessary. Records related to unresolved audit
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findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.
vii. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
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FDOTSingleAuditgdot.state.fl.us
c. The Recipient 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 Recipient 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.
9. Termination or Suspension of Project:
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The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this m
0
Agreement for the Recipient's failure to comply with applicable law or the terms of this Agreement until such time as the
event or condition resulting in such suspension has ceased or been corrected.
a. If the Department intends to terminate the Agreement, the Department shall notify the Recipient of such 0)
termination in writing at least thirty (30)days prior to the termination of the Agreement, with instructions to 0
the effective date of termination or specify the stage of work at which the Agreement is to be terminated. CL
b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce
beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree
upon the termination conditions.
c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that
work satisfactorily performed for which costs can be substantiated. Such payment, however, may not
exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the CL
Project is located on the Department's right-of-way, then all work in progress on the Department right-of-
way will become the property of the Department and will be turned over promptly by the Recipient.
0
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d. In the event the Recipient fails to perform or honor the requirements and provisions of this Agreement, the
Recipient shall promptly refund in full to the Department within thirty (30) days of the termination of the
Agreement any funds that were determined by the Department to have been expended in violation of the
Agreement.
e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Recipient to76
comply with the Public Records provisions of Chapter 119, Florida Statutes.
10. Contracts of the Recipient:
a. Except as otherwise authorized in writing by the Department, the Recipient shall not execute any contract U)
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.
b. It is understood and agreed by the parties to this Agreement that participation by the Department in a project
with the Recipient, where said project involves a consultant contract for engineering, architecture or
surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055,
Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23
U.S.C. 112. At the discretion of the Department,the Recipient will involve the Department in the consultant
selection process for all projects funded under this Agreement. In all cases, the Recipient shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act and the federal Brooks Act.
c. The Recipient shall comply with, and require its consultants and contractors to comply with applicable
federal law pertaining to the use of Federal-aid funds. The Recipient shall comply with the provisions in the
FHWA-1273 form as set forth in Exhibit"G", FHWA 1273 attached to and incorporated in this Agreement.
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The Recipient shall include FHWA-1273 in all contracts with contractors performing work on the Project.
d. The Recipient shall require its consultants and contractors to take emergency steps to close any public
road whenever there is a risk to life, health and safety of the travelling public. The safety of the travelling
public is the Department's first priority for the Recipient.
11. Disadvantaged Business Enterprise (DBE) Policy and Obligation:
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It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The m
0
DBE requirements of applicable federal and state laws and regulations apply to this Agreement.
The Recipient and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 0)
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete forand perform 0
contracts. The Recipient and its contractors and subcontractors shall not discriminate on the basis of race, color, national
origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
12. Compliance with Conditions and Laws:
The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this
Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement
constitutes a certification that the Recipient is in compliance with, and will require its contractors and subcontractors to
comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions,"
in 49 C.F.R. Part 29, and 2 C.F.R. Part 200 when applicable.
0
13. Performance Evaluations:
Recipients are evaluated on a project-by-project basis. The evaluations provide information about oversight needs and
provide input for the recertification process. Evaluations are submitted to the Recipient's person in responsible charge or
designee as part of the Project closeout process. The Department provides the evaluation to the Recipient no more than
30 days after final acceptance.
a. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the
Recipient failed to develop the Project in accordance with applicable federal and state regulations, m
o.
standards and procedures, required excessive District involvement/oversight, or the Project was brought
in-house by the Department. A rating of Satisfactory Performance means the Recipient developed the W
Project in accordance with applicable federal and state regulations,standards and procedures,with minimal
District involvement/oversight. A rating of Above Satisfactory Performance means the Recipient developed
the Project in accordance with applicable federal and state regulations, standards and procedures, and the
Department did not have to exceed the minimum oversight and monitoring requirements identified for the y
project.
b. The District will determine which functions can be further delegated to Recipients that continuously earn
Satisfactory and Above Satisfactory evaluations.
14. Restrictions, Prohibitions, Controls, and Labor Provisions:
0)
During the performance of this Agreement, the Recipient agrees as follows, and agrees to require its contractors and
subcontractors to include in each subcontract the following provisions:
a. The Recipient will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the
regulations of the U.S. Department of Transportation issued thereunder,and the assurance by the Recipient E
pursuant thereto. The Recipient shall include the attached Exhibit"C",Title VI Assurances in all contracts m
with consultants and contractors performing work on the Project that ensure compliance with Title VI of the
Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
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b. The Recipient will comply with all the requirements as imposed by the ADA, the regulations of the Federal
Government issued thereunder, and assurance by the Recipient pursuant thereto.
c. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017,
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Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
0
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 0)
entity for the construction or repair of a public building or public work; may not submit bids on leases of real 0
property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or CL
consultant under a contract with any public entity; and may not transact business with any public entity.
0
e. An entity or affiliate who has had its Certificate 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 Recipient.
f. Neither the Recipient nor any of its contractors or their subcontractors shall enter into any contract,
subcontract or arrangement in connection with the Project or any property included or planned to be CL
included in the Project in which any member, officer or employee of the Recipient or the locality during
tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member,
officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest,
and if such interest is immediately disclosed to the Recipient, the Recipient, with prior approval of the
Department, may waive the prohibition contained in this paragraph provided that any such present member, WE
officer or employee shall not participate in any action by the Recipient or the locality relating to such
contract, subcontract or arrangement. The Recipient shall insert in all contracts entered into in connection
with the Project or any property included or planned to be included in any Project, and shall require its
contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Recipient or of the locality during his tenure or for 2 years E
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Recipient and its
fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a
governmental agency.
g. No member or delegate to the Congress of the United States shall be admitted to any share or part of this
Agreement or any benefit arising therefrom.
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15. Indemnification and Insurance:
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 E
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
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Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just
claims against the Recipient or any subcontractor, in connection with this Agreement.
b. To the extent provided by law, Recipient shall indemnify,defend,and hold harmless the Department against E
any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s)of
Recipient,or any of its officers, agents,or employees, acting within the scope of their office or employment,
in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the
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limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be
construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or
omissions of the Department, its officers, agents, or employees, or for the acts of third parties. Nothing E
herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of
this Agreement. This indemnification shall survive the termination of this Agreement.
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c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors,
consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification)
0
who perform work in connection with this Agreement:
"To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the
[RECIPIENT] and the State of Florida, Department of Transportation, including the Department's
officers, agents, and employees, against any actions, claims, or damages arising out of, relating
to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or CL
employees, acting within the scope of their office or employment, in connection with the rights
granted to or exercised by [ENTITY] hereunder, to the extent and within the limitations of Section
768.28, Florida Statutes.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits E
set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute
agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of
[RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed CL
to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or
omissions of the Department, its officers, agents, or employees, or third parties. This
indemnification shall survive the termination of this Agreement."
d. The Recipient shall, or cause its contractor or consultant to carry and keep in force, during the term of this E
Agreement, a general liability insurance policy or policies with a company or companies authorized to do
business in Florida, affording public liability insurance with combined bodily injury limits of at least$200,000
per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each
occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also,
or cause its contractor or consultant to carry and keep in force Workers' Compensation Insurance as
required by the State of Florida under the Workers' Compensation Law. With respect to any general liability E
insurance policy required pursuant to this Agreement, all such policies shall be issued by companies a.
licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates
showing the required coverage to be in effect with endorsements showing the Department to be an
additional insured prior to commencing any work under this Agreement. Policies that include Self Insured 0
Retention will not be accepted. The certificates and policies shall provide that in the event of any material 0.
change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall
be given to the Department or as provided in accordance with Florida law. v,
16. Maintenance Obligations: In the event the Project includes construction then the following provisions are m
incorporated into this Agreement:
a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System
constructed under this Agreement for its useful life. If the Recipient constructs any improvement on m
Department right-of-way, the Recipient
❑ shall
❑ shall not
maintain the improvements located on the Department right-of-way for their useful life. If the Recipient is E
required to maintain Project improvements located on the Department right-of-way beyond final m
acceptance, then Recipient shall, prior to any disbursement of the state funding provided under this a.
Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the
Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and rL
incorporated into this Agreement as Exhibit"D". This provision will survive termination of this Agreement.
17. Miscellaneous Provisions:
I—
a. The Recipient 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 Recipient will be responsible forsecuring any applicable permits.
The Recipient 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
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEE MENTMENT
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Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387).
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b. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this _
Agreement.
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c. In no event shall the making by the Department of any payment to the Recipient 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 CL
of the Recipient 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.
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e. By execution of the Agreement, the Recipient 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
hereunder.
f. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions
of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing
in order that appropriate changes and modifications may be made by the Department and the Recipient to
the end that the Recipient may proceed as soon as possible with the Project.
g. In the event that this Agreement involves constructing and equipping of facilities,the Recipient shall submit m
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 Recipient a written approval with
any approved portions of the Project and comments or recommendations covering any remainder of the u
Project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction,the Department will issue to the Recipient a written approval with said remainder
of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the
Department.
h. Upon completion of right-of-way activities on the Project, the Recipient must certify compliance with all
applicable federal and state requirements. Certification is required prior to authorization for advertisement
for or solicitation of bids for construction of the Project, including if no right-of-way is required.
L The Recipient will certify in writing, prior to Project closeout that the Project was completed in accordance
with applicable plans and specifications, is in place on the Recipient's facility, adequate title is in the
Recipient's name, and the Project is accepted by the Recipient as suitable for the intended purpose.
j. The Recipient agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf76
76
of the Recipient, 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 m
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. If any
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funds other than federally-appropriated funds have been paid by the Recipient 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 Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions. The Recipient shall require that the language of this paragraph be included
in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature,the
judicial branch or a state agency.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEE MENTMENT
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Page 13 of 15
k. The Recipient may not permit the Engineer of Record to perform Construction, Engineering and Inspection
services on the Project. 0
I. The Recipient 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 Recipient and FHWA requires reimbursement of the 0
funds, the Recipient will be responsible for repayment to the Department of all funds awarded under the CL
terms of this Agreement.
0
m. The Recipient shall:
i. utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by Recipient during the term of the contract; and
ii. 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.
n. 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 E
Agreement with a signature on behalf of a party will be legal and binding on such party.
o. 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.
p. 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 Recipient must comply with the requirements of Section 255.0991, Florida Statutes.
18. Exhibits:
a. Exhibits "A", "B", "C", "D", "E" and "F" are attached to and incorporated into this Agreement.
b. ® If this Project includes Phase 58 (construction) activities, then Exhibit "G", FHWA FORM 1273, is
attached and incorporated into this Agreement. 76
m
c. ❑Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method
is used on this Project, then Exhibit "H", Alternative Advance Payment Financial Provisions, is attached
and incorporated into this Agreement.
a
d. ❑ State funds are used on this Project. If state funds are used on this Project, then Exhibit "I", State
Funds Addendum, is attached and incorporated into this Agreement. Exhibit "J", State Financial
Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement.
e. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project
Reimbursement, then Exhibit"K", Advance Project Reimbursement is attached and incorporated into this m
Agreement.
f. ❑ This Project includes funding for landscaping. If this Project includes funding for landscaping, then CL
Exhibit "L", Landscape Maintenance, is attached and incorporated into this Agreement.
g. ❑ This Project includes funding for a roadway lighting system. If the Project includes funding for roadway
lighting system, Exhibit "M", Roadway Lighting Maintenance is attached and incorporated into this
Agreement.
h. ❑ This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes
funding fortraffic signals and/or traffic signals systems, Exhibit"N", Traffic Signal Maintenance is attached
and incorporated into this Agreement.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEE MENTMENT
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i. ❑ A portion or all of the Project will utilize Department right-of-way and, therefore, Exhibit"O" Terms and
Conditions of Construction in Department Right-of-Way, is attached and incorporated into this Agreement.
j. ❑ The following Exhibit(s)are attached and incorporated into this Agreement:
k. Exhibit and Attachment List
Exhibit A: Project Description and Responsibilities _
Exhibit B: Schedule of Financial Assistance
Exhibit C: Title VI Assurances
Exhibit D: Recipient Resolution
Exhibit E: Federal Financial Assistance (Single Audit Act)
Exhibit F: Contract Payment Requirements
* Exhibit G: FHWA Form 1273
* Exhibit H: Alternative Advance Payment Financial Provisions
* Exhibit I: State Funds Addendum
* Exhibit J: State Financial Assistance (Florida Single Audit Act)
* Exhibit K:Advance Project Reimbursement
* Exhibit L: Landscape Maintenance
* Exhibit M: Roadway Lighting Maintenance
* Exhibit N: Traffic Signal Maintenance
* Exhibit O: Terms and Conditions of Construction in Department Right-of-Way
*Additional Exhibit(s):
* Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEE MENTMENT
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above.
RECIPIENT Monroe County STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION c
By: By:
Name: Name:
Title: Title:
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Legal Review:
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C.13.b
Alt Form 525-010-40A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OA
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
09/2C
EXHIBIT A
PROJECT DESCRIPTION AND RESPONSIBILITIES E
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FPN: 43551 1-1-58-01 &435511-1-68-01 E
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This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of .
Transportation and
Monroe County (the Recipient)
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PROJECT LOCATION:
❑ The project is on the National Highway System.
❑ The project is on the State Highway System.
0)
PROJECT LENGTH AND MILE POST LIMITS: 450 Feet. Between Mile Marker 29 and Mile Marker 30 along US1
PROJECT DESCRIPTION: Design a scenic pull off including information kiosk, restrooms, parking, landscaping, a
boardwalk with overlook adjacent to US near North Pine Channel.
SPECIAL CONSIDERATIONS BY RECIPIENT:
The Recipient 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 Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule: ®
a)Study to be completed by N/A
b) Design to be completed by 8/01/2017
c) Right-of-Way requirements identified and provided to the Department by 6/30/2017
d) Right-of-Way to be certified by 5/30/2017
e)Construction contract to be let by 3/21/2019 .
f) Construction to be completed by 9/30/2022
If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
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Page 1 of 1
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Alt Form 525-010-40C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OC
LOCAL AGENCY PROGRAM
AGREEMENTPROGRAM
MANAGEMENT
09/20
Page 1 of 2
EXHIBIT C
0
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: CL
(1.) 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 E
incorporated by reference and made a part of this contract.
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(2.) Nondiscrimination:The Contractor,with regard to the work performed by it during the contract,shall
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 indirectly 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 m
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, y
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.
(5.) 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,
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Federal Aviation Administration, or
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PROGRAM MANAGEMENT
09/20
Page 2of2
Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited
to:
0
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.
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(6.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1)through (7)in CL
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 Carrier
Safety Administration may direct as a means of enforcing such provisions including sanctions for W
noncompliance, provided, however, that, in the event a contractor becomes involved in, or is threatened CD
with, litigation with a sub-contractor or supplier as a result of such direction, the contractor may request CL
the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida
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.
(7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964
(42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on 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 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the
Rehabilitation Act of 1973, (29 U.S.C. § 794 et 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.S.C. §6101 et
seq.), (prohibits discrimination on the basis of age);Airport and Airway I mprovement Act of 1982, (49 USC U)
§471, Section 47123), as amended, (prohibits discrimination based on race, creed,color, national origin,
or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI 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 (n
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, m
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 VI, you must take reasonable steps
to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating CL
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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Alt Form 525-010-40D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OD
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
09/20
Page 1 of 1
EXHIBIT D
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RECIPIENT RESOLUTION
The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this
Agreement.
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0
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2
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0
RESOLUTION NO. 1
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS COUNTY,ROE
FLORIDA, APPROVING LOCAL AGENCY0
TRANSPORTATIONPROGRAM AGREEMENT BETWEEN STATE
OF FLORIDA DEPARTMENT OF
SCENICFOR FUNDING TO CONSTRUCT LOWER KEYS
X
BIG PINE SWIMMING ROLE CL
0
the Board of County Commissioners of Monroe County, Florida,
hereinafter the"COUNTY", hasjurisdiction over and maintains parks in the County,and E
WHEREAS, the State of Florida, Department of Transportation, hereinafter the
" A T ', has agreed to have the COUNTY design and construct Lower Keys
Genic Viewing Area at Big Pine Swimming Hole, hereinafter referred to as the
'PROJECT', the individual elements of which are outlined in the attached Exhibit " ",
'Scope of Services ,which is herein incorporated y reference;and
the DEPARTMENT has programmedfunding forte PROJECT
under Financial Project Number 435511-1, and has agreed to reimburse the COUNTYfor
eligible PROJECT costs up toa maximum limitingamount, as outlined in the attached
Exhibit"B", 'Method of Compensation',which is herein incorporated y reference;and E
, the COUNTY has agreed to supervise and inspect all aspects o
PROJECT construction and administration; an
the parties hereto mutually recognize the need for entering into an
Agreement desig atin and setting the responsibilities of each party;an
the parties are authorized to enter into this Agreement pursnt to
Section . (e)and 339.12,Florida Statutes (F.S.);
THEREFORE, the Board of County
Commissioners of Monroe County, Florida,that,
m
SECTION1: Local Agency Program Agreement between the State ofFlorida,
Department of Transportation and Monroe County is hereby approved.
SECTIONCL
2: Upon execution,this Resolution shall be marked as Exhibit" "and
made a part oft the Local Agency Program Agreement,
S11/510terseas I teritap Trait&Scenic uigliway Vistas
LAP Agreement
May 17,20 t 7
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0
ADOPTEDPASSED AND y the Board of County Commissioners of Monroe
County, Florida., at a regular meeting of said Board on the 17"'day of May, A.D.,2017. —
Mayor George Neu gent Yes;
Mayor Pro Tern David Rice Yes
Commissioner Danny L. Kolhage Yes
Commissioner Heather Carruthers Yea 0
,f �0���1issiorlet Sylvia.J. Murphy Yea
BOARD OF COkTY COMMISSIONERS et
WIN M DOK, Clerk OF MONROE COUNTY,FLORIDA
�� ra 0
r
y
_
Deputy Clerk _ Mayor/ hair person
MONROE COUNTY A RN Y'S OFFICE
A P PYED AS TO W
'A IOC A� -�
ABLES
ASSISTANT COUNTY ATTORNEY
DATE:
LLJ
Of
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LM
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STATE OF
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FLORIDA
C) COUNTY OF MONROE
s, � �• eThis Copy Is m Trus Copy of the CD
My hand end Metal Original an File In this Offift Wkneas
And that same Is In if force and effect M
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SR/5/Overseas heritage Trail&Scenic Highway Vistas
LAP Agreement
May 17,2017
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C.13.b
Alt Form 525-010-40E STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-011-OE
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
09/20
Page 1 of 1
EXHIBIT E
0
FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT)
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
CL
CFDA No.: 20.205
CFDA Title: Highway Planning and Construction
Federal-Aid Highway Program, Federal Lands Highway Program
CFDA Program httl2s://beta.sam.gov/fal/l 9 7 1 c 9a9e5 f c75f5ef c /view? a ords- . 5&sort--
Site: relevance in ex-cfda is active true&papa-1 E
Award Amount: $900,000.00
Awarding Florida Department of Transportation
Agency: CL
Award is for No
R&D:
Indirect Cost N/A
Rate: �.
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE E
FOLLOWING:
2 CFR Part 200- Uniform Administrative Requirements, Cost Principles &Audit Requirements for Federal
Awards
http://www.ecfr.gov/cqi-bin/text-idx?node=2:1.1.2.2.1
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE0.
FOLLOWING:
Title 23- Highways, United States Code
http://uscode.house.gov/browse/r)relime.title23&edition=prelim
Title 49-Transportation, United States Code 76
http://uscode.house.gov/browse/r)relime.title49&edition=prelim
Map-21 - Moving Ahead for Progress in the 21 st Century, Public Law 112-141
http://www.gpo.qov/fdsys/r)kg/PLAW-112publl 41/pdf/PLAW-112pubil 41.pdf
Federal Highway Administration - Florida Division
http://www.fhwa.dot.gov/fidiv/
Federal Funding Accountability and Transparency Act(FFATA)Sub-award Reporting System (FSRS)
https://www.fsrs.gov/
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Alt Form 525-010-40F STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
09/20
Page 1 of 2
EXHIBIT F
CONTRACT PAYMENT REQUIREMENTS
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of _
expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall
be submitted for each amount for which reimbursement is being claimed indicating that
the item has been paid. Documentation for each amount for which reimbursement is
being claimed must indicate that the item has been paid. Check numbers may be provided
in lieu of copies of actual checks. Each piece of documentation should clearly reflect the
dates of service. Only expenditures for categories in the approved agreement budget may
be reimbursed. These expenditures must be allowable (pursuant to law) and directly
related to the services being provided.
Listed below are types and examples of supporting documentation for cost
reimbursement agreements-
Salaries: Timesheets that support the hours worked on the project or activity must be
kept. A payroll register, or similar documentation should be maintained. The payroll
register should show gross salary charges, fringe benefits, other deductions and net pay.
If an individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable. E
Fringe benefits: Fringe benefits should be supported by invoices showing the amount W
paid on behalf of the employee, e.g., insurance premiums paid. If the contract specifically
states that fringe benefits will be based on a specified percentage rather than the actual
cost of fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of y
checks for fringe benefits.
Travel: Reimbursement for travel must be in accordance with s. 112.061, F.S., which
includes submission of the claim on the approved state travel voucher along with
supporting receipts and invoices.
CD
Other direct costs: Reimbursement will be made based on paid invoices/receipts and
proof of payment processing (cancelled/processed checks and bank statements). If
nonexpendable property is purchased using state funds, the contract should include a
provision for the transfer of the property to the State when services are terminated. E
Documentation must be provided to show compliance with DMS Rule 60A-1.017, F.A.C.,
regarding the requirements for contracts which include services and that provide for the
contractor to purchase tangible personal property as defined in s. 273.02, F.S., for
subsequent transfer to the State.
Indirect costs: If the contract stipulates that indirect costs will be paid based on a
specified rate, then the calculation should be shown. Indirect costs must be in the
approved agreement budget and the entity must be able to demonstrate that the costs
are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for
reasonableness and for allowability and must be allocated consistently.
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Contracts between state agencies may submit alternative documentation to
substantiate the reimbursement request,which may be in the form of FLAIR reports
or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State
Expenditures can be found at this web address
htt ps://www.m vf lorid acfo.com/D ivis i on/AA/M anu ls/d ocu me nts/ReferenceG ui deforState -
xpenitures.pf.
0
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Alt Form 525-010-40G STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0 -
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
09/20
Page 1 of 1
EXHIBIT G
FHWA FORM 1273 _
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
0
LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC —COMPLIANCE
WITH FHWA 1273.
The FHWA-1273 version dated May 1, 2012 is appended in its entirety to this Exhibit. FHWA-1273 may also be
referenced on the Department's website at the following URL address: CL
http://www.fhwa.dot.gov/progr madmi n/contracts/1273/1273.pdf
2-
0
Sub-recipients of federal grants awards for Federal-Aid Highway construction shall take responsibility to obtain this
information and comply with all provisions contained in FHWA-1273.
76
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FHWA-1273-- Revised May 1,2012
C
0
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General 3. A breach of any of the stipulations contained in these CL
II. Nondiscrimination Required Contract Provisions may be sufficient grounds for
III. Nonsegregated Facilities withholding of progress payments,withholding of final
IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment
V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the
Provisions contracting agency and FHWA.
VI. Subletting or Assigning the Contract
VI I. Safety:Accident Prevention 4. Selection of Labor: During the performance of this contract,
VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose
IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid
Pollution Control Act highway unless it is labor performed by convicts who are on
X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid CL
Debarment Requirements highway does not include roadways functionally classified as
XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors.
Lobbying
ATTACHMENTS II. NONDISCRIMINATION
A. Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are
Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all
Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply,engineering,or architectural service contracts.
I. GENERAL
In addition,the contractor and all subcontractors must comply E
1. Form FHWA-1273 must be physically incorporated in each with the following policies: Executive Order 11246,41 CFR 60,
construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the
emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI
contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related
subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR
subcontracts(excluding purchase orders, rental agreements Parts 200,230,and 633.
and other agreements for supplies or services).
The contractor and all subcontractors must comply with: the
The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- cn
incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000,
order, rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity
prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. —
subcontractor, lower-tier subcontractor or service provider.
Note:The U.S. Department of Labor has exclusive authority to
Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the
build contracts, in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29
subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have E
purchase orders, rental agreements and other agreements for the authority and the responsibility to ensure compliance with
supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as
for compliance by any subcontractor, lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of
or service provider. 1964,as amended,and related regulations including 49 CFR
Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix E
Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S.
referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements.
subcontracts(excluding purchase orders, rental agreements
and other agreements for supplies or services related to a 1. Equal Employment Opportunity: Equal employment CL
construction contract). opportunity(EEO)requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
2. Subject to the applicability criteria noted in the following under laws,executive orders, rules, regulations(28 CFR 35,
sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27)
performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the
and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23
immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative
contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under
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this contract.The provisions of the Americans with Disabilities 4. Recruitment:When advertising for employees,the
Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the
35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such
contract. In the execution of this contract,the contractor advertisements will be placed in publications having a large
agrees to comply with the following minimum specific circulation among minorities and women in the area from
requirement activities of EEO: which the project work force would normally be derived.
a.The contractor will work with the contracting agency and a. The contractor will, unless precluded by a valid
the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct
good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral CL
of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To
of activities under the contract. meet this requirement,the contractor will identify sources of
potential minority group employees,and establish with such
b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women
following statement: applicants may be referred to the contractor for employment
consideration.
"It is the policy of this Company to assure that applicants W
are employed,and that employees are treated during b. In the event the contractor has a valid bargaining 2
employment,without regard to their race, religion,sex,color, agreement providing for exclusive hiring hall referrals,the
national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that
employment,upgrading,demotion,or transfer; recruitment or agreement to the extent that the system meets the contractor's CL
recruitment advertising; layoff or termination;rates of pay or compliance with EEO contract provisions. Where
other forms of compensation;and selection for training, implementation of such an agreement has the effect of
including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the
job training." contractor to do the same,such implementation violates
Federal nondiscrimination provisions.
2. EEO Officer:The contractor will designate and make
known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to
the responsibility for and must be capable of effectively refer minorities and women as applicants for employment.
administering and promoting an active EEO program and who Information and procedures with regard to referring such
must be assigned adequate authority and responsibility to do applicants will be discussed with employees.
so.
5. Personnel Actions:Wages,working conditions,and
3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and E
staff who are authorized to hire,supervise, promote,and personnel actions of every type, including hiring, upgrading,
discharge employees,or who recommend such action,or who promotion,transfer,demotion, layoff,and termination,shall be
are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex, national
cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be
and contractual responsibilities to provide EEO in each grade followed:
and classification of employment. To ensure that the above
agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project
minimum: sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site ut
a. Periodic meetings of supervisory and personnel office personnel.
employees will be conducted before the start of work and then
not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of
contractor's EEO policy and its implementation will be wages paid within each classification to determine any
reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices.
the EEO Officer.
c. The contractor will periodically review selected personnel
b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of
given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will
all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the
thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such
corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of
contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection E
women. with its obligations under this contract,will attempt to resolve
such complaints,and will take appropriate corrective action
d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the
policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, CL
applicants for employment and potential employees. such corrective action shall include such other persons. Upon
completion of each investigation,the contractor will inform
e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal.
implement such policy will be brought to the attention of
employees by means of meetings,employee handbooks,or 6.Training and Promotion:
other appropriate means.
a. The contractor will assist in locating,qualifying,and
increasing the skills of minorities and women who are
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C.13.b
applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with
should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there
employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
b. Consistent with the contractor's work force requirements undue hardship.
and as permissible under Federal and State regulations,the
contractor shall make full use of training programs, i.e., 9.Selection of Subcontractors,Procurement of Materials
apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not
geographical area of contract performance. In the event a discriminate on the grounds of race,color, religion,sex,
special provision for training is provided under this contract, national origin,age or disability in the selection and retention CL
this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and
special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary
training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the
in accordance with 23 U.S.C. 140(a). administration of this contract.
c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and
employment of available training programs and entrance suppliers and lessors of their EEO obligations under this
requirements for each. contract.
d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure
promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. CL
women and will encourage eligible employees to apply for
such training and promotion.
10. Assurance Required by 49 CFR 26.13(b):
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State
faith efforts to obtain the cooperation of such unions to DOT's U.S. DOT-approved DBE program are incorporated by
increase opportunities for minorities and women. Actions by reference.
the contractor,either directly or through a contractor's
association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on
forth below: the basis of race,color, national origin,or sex in the
performance of this contract. The contractor shall carry out
a. The contractor will use good faith efforts to develop, in applicable requirements of 49 CFR Part 26 in the award and
cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the E
toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach
in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this
so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency
deems appropriate.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such 11. Records and Reports:The contractor shall keep such
union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO
regard to their race,color, religion,sex, national origin,age or requirements. Such records shall be retained for a period of
disability. three years following the date of the final payment to the ut
contractor for all contract work and shall be available at
c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized
practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. —
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the
information to the contractor,the contractor shall so certify to following:
the contracting agency and shall set forth what efforts have
been made to obtain such information. (1)The number and work hours of minority and non- E
minority group members and women employed in each work
d. In the event the union is unable to provide the contractor classification on the project;
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation
through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment
vacancies without regard to race,color, religion, sex, national opportunities for minorities and women;and
origin,age or disability;making full efforts to obtain qualified E
and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring,
to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women;
provide exclusive referrals under the terms of a collective
bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual CL
requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of
practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and
pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work
special provisions,such contractor shall immediately notify the classification required by the contract work. This information is
contracting agency. to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job
Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor
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will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions
employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not
all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs
July. which cover the particular weekly period,are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
III. NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for
the classification of work actually performed,without regard to
This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4). Laborers or
contracts and to all related construction subcontracts of mechanics performing work in more than one classification CL
$10,000 or more. may be compensated at the rate specified for each
classification for the time actually worked therein: Provided,
The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the
employees are provided in such a manner that segregation on time spent in each classification in which work is performed.
the basis of race,color, religion,sex,or national origin cannot The wage determination(including any additional classification
result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this
use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be
employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at
to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where
services at any location,under the contractor's control,where it can be easily seen by the workers.
the facilities are segregated. The term"facilities"includes CL
waiting rooms,work areas, restaurants and other eating areas,
time clocks, restrooms,washrooms,locker rooms,and other b.(1)The contracting officer shall require that any class of
storage or dressing areas, parking lots,drinking fountains, laborers or mechanics, including helpers,which is not listed in
recreation or entertainment areas,transportation,and housing the wage determination and which is to be employed under the
provided for employees. The contractor shall provide separate
contract shall be classified in conformance with the wage
or single-user restrooms and necessary dressing or sleeping determination.The contracting officer shall approve an
areas to assure privacy between sexes. additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification
requested is not performed by a classification in the wage
This section is applicable to all Federal-aid construction determination;and E
projects exceeding$2,000 and to all related subcontracts and
lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the
requirements apply to all projects located within the right-of-
construction industry;and
way of a roadway that is functionally classified as Federal-aid W
highway. This excludes roadways functionally classified as (iii)The proposed wage rate, including any bona fide
local roads or rural minor collectors,which are exempt. fringe benefits, bears a reasonable relationship to the
Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination.
other projects.
(2)If the contractor and the laborers and mechanics to be y
The following provisions are from the U.S. Department of employed in the classification(if known),or their
Labor regulations in 29 CFR 5.5"Contract provisions and representatives,and the contracting officer agree on the
related matters"with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements. classification and wage rate(including the amount
designated for fringe benefits where appropriate),a report of
the action taken shall be sent by the contracting officer to the
1. Minimum wages Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
a. All laborers and mechanics employed or working upon
Washington, DC 20210.The Administrator,or an authorized
the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every
often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and
rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting
permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is
under the Copeland Act(29 CFR part 3)),the full amount of necessary.
wages and bona fide fringe benefits(or cash equivalents E
thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics
than those contained in the wage determination of the to be employed in the classification or their representatives,
Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed
hereof, regardless of any contractual relationship which may classification and wage rate(including the amount CL
be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the
and mechanics. contracting officer shall refer the questions,including the
views of all interested parties and the recommendation of the
Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for
fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an
Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within
paid to such laborers or mechanics,subject to the provisions
30 days of receipt and so advise the contracting officer or
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will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show
additional time is necessary. that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible,and that the
(4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the
appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the
1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such
work in the classification under this contract from the first benefits. Contractors employing apprentices or trainees under
day on which work is performed in the classification. approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs,the registration of the apprentices and CL
c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the
contract for a class of laborers or mechanics includes a fringe applicable programs.
benefit which is not expressed as an hourly rate,the contractor
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash b.(1)The contractor shall submit weekly for each week in
equivalent thereof. which any contract work is performed a copy of all payrolls to 0)
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social
other third person,the contractor may consider as part of the security numbers and home addresses shall not be included
wages of any laborer or mechanic the amount of any costs on weekly transmittals. Instead the payrolls shall only need to CL
reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee
under a plan or program, Provided,That the Secretary of e.g. ,the last four digits of the employee's social security
Labor has found, upon the written request of the contractor, number).The required weekly payroll information may be
that the applicable standards of the Davis-Bacon Act have submitted in any form desired. Optional Form WH-347 is
been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division
to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm
obligations under the plan or program. or its successor site.The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
2. Withholding Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker, _
and shall provide them upon request to the contracting agency
The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and
written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an E
Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage
the contractor under this contract,or any other Federal requirements. It is not a violation of this section for a prime
contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and
assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own W
requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency..
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 (2)Each payroll submitted shall be accompanied by a
contractor or any subcontractor the full amount of wages Statement of Compliance,"signed by the contractor or cc
required by the contract. In the event of failure to pay any subcontractor or his or her agent who pays or supervises the ut
laborer or mechanic,including any apprentice,trainee,or payment of the persons employed under the contract and shall
helper,employed or working on the site of the work,all or part certify the following:
of the wages required by the contract,the contracting agency
may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the
may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of
payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is
have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29
CFR part 5,and that such information is correct and
3. Payrolls and basic records complete;
a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each
maintained by the contractor during the course of the work and helper,apprentice,and trainee)employed on the contract
during the payroll period has been paid the full weekly
preserved for a period of three years thereafter for all laborers
wages earned without rebate either directly or indirectly,
and mechanics working at the site of the work. Such records , , , 2
shall contain the name,address,and social security number of and that no deductions have been made either directly or
each such worker, his or her correct classification,hourly rates
indirectly from the full wages earned,other than
of wages paid(including rates of contributions or costs permissible deductions as set forth in Regulations,29 CFR
anticipated for bona fide fringe benefits or cash equivalents part 3;
CL
thereof of the types described in section 1(b)(2)(B)of the
Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not
deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed,
the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination
any costs reasonably anticipated in providing benefits under a incorporated into the contract.
plan or program described in section 1(b)(2)(B)of the Davis-
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(3)The weekly submission of a properly executed rate specified in the applicable wage determination.
certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with
WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the
"Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits,
this section. apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
(4)The falsification of any of the above certifications may classification. If the Administrator determines that a different
subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification,
prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. CL
title 31 of the United States Code.
In the event the Office of Apprenticeship Training, Employer
c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency 0
required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an
inspection,copying,or transcription by authorized
apprenticeship program,the contractor will no longer be
representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable
FHWA, or the Department of Labor,and shall permit such
predetermined rate for the work performed until an acceptable
program is approved.
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL).
after written notice to the contractor,the contracting agency or CL
the State DOT,take such action as may be necessary to
cause the suspension of any further payment,advance,or Except as provided in 29 CFR 5.16,trainees will not be
guarantee of funds. Furthermore,failure to submit the required permitted to work at less than the predetermined rate for the
records upon request or to make such records available may work performed unless they are employed pursuant to and
individually registered in a program which has received prior
be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
4. Apprentices and trainees Administration.
a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Apprentices will be permitted to work at less than the Employment and Training Administration. E
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified
apprenticeship program registered with the U.S. Department of in the approved program for the trainee's level of progress,
Labor, Employment and Training Administration, Office of expressed as a percentage of the journeyman hourly rate U)
Apprenticeship Training, Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall
a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the
person is employed in his or her first 90 days of probationary trainee program. If the trainee program does not mention
employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe
program,who is not individually registered in the program, but benefits listed on the wage determination unless the y
who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that
Training, Employer and Labor Services or a State there is an apprenticeship program associated with the
Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage
probationary employment as an apprentice. determination which provides for less than full fringe benefits
for apprentices.Any employee listed on the payroll at a trainee
The allowable ratio of apprentices to journeymen on the job
rate who is not registered and participating in a training plan
site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall
permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage
the registered program.Any worker listed on a payroll at an
determination for the classification of work actually performed.
apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work the job site in
employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered
stered program
applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the
classification of work actually performed. In addition,any wage determination for the work actually performed.
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration
less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no
for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the
performing construction on a project in a locality other than applicable predetermined rate for the work performed until an
that in which its program is registered,the ratios and wage acceptable program is approved. CL
rates(expressed in percentages of the journeyman's hourly
rate)specified in the contractor's or subcontractor's registered
program shall be observed. c. Equal employment opportunity.The utilization of
apprentices,trainees and journeymen under this part shall be
in conformity with the equal employment opportunity E
Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29
specified in the registered program for the apprentice's level of CFR part 30.
progress,expressed as a percentage of the journeymen hourly
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d. Apprentices and Trainees(programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY
skill training programs which have been certified by the STANDARDS ACT
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction
subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the
The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety
trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to CL
particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As
journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics
the particular program. include watchmen and guards. L_
0
5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor
contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require
3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
6.Subcontracts. The contractor or subcontractor shall insert `Workweek in which he or she is employed on such work to
Form FHWA-1273 in any subcontracts and also require the work in excess forty hours in such workweek unless such
subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less
CL
subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours
compliance b an subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek.
com Y Y p
with all the contract clauses in 29 CFR 5.5.
2.Violation; liability for unpaid wages; liquidated
7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth
contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any
of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the
subcontractor as provided in 29 CFR 5.12. 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 Columbia or a territory,to such
8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages. Such
requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each E
Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic, including watchmen and
are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in
paragraph(1.)of this section, in the sum of$10 for each
9. Disputes concerning labor standards. Disputes arising calendar day on which such individual was required or W
out of the labor standards provisions of this contract shall not
permitted to work in excess of the standard workweek of forty
be subject to the general disputes clause of this contract.Such hours without payment the overtime wages required by the
disputes shall be resolved in accordance with the procedures clause set forth in paragraph(1.)of this section.
of the Department of Labor set forth in 29 CFR parts 5,6,and
7. Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. cn
between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action
contracting agency,the U.S. Department of Labor,or the or upon written request of an authorized representative of the
employees or their representatives. Department of Labor withhold or cause to be withheld,from
any moneys payable on account of work performed by the r
contractor or subcontractor under any such contract or any
10.Certification of eligibility. other Federal contract with the same prime contractor,or any
other federally-assisted contract subject to the Contract Work
a. By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same E
neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be
interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or
be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as
the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this
section.
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert
of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in 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 lower tier
c.The penalty for making false statements is prescribed in the
subcontracts.The prime contractor shall be responsible for CL
U.S.Criminal Code, 18 U.S.C. 1001. 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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C.13.b
evidenced in writing and that it contains all pertinent provisions
VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract.
6
This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is
contracts on the National Highway System. not applicable to design-build contracts; however,contracting
agencies may establish their own self-performance
1.The contractor shall perform with its own organization requirements.
contract work amounting 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 VII.SAFETY:ACCIDENT PREVENTION CL
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such T h i s p r o v i s i o n i s applicable to all Federal-aid
specialty items performed may be deducted from the total construction contracts and to all related subcontracts.
original contract price before computing the amount of work
required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall
(23 CFR 635.116). comply with all applicable Federal, State,and local laws
governing safety,health,and sanitation(23 CFR 635).The
a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and
to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it
equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be
without operators. Such term does not include employees or reasonably necessary to protect the life and health of CL
equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to
agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the
term may include payments for the costs of hiring leased work covered by the contract.
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a
employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into
contractor meets all of the following conditions: pursuant to this contract,that the contractor and any
subcontractor shall not permit any employee, in performance
(1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions
supervision of the day-to-day activities of the leased which are unsanitary, hazardous or dangerous to his/her
employees; health or safety,as determined under construction safety and
(2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary
of the work of the leased employees; of Labor, in accordance with Section 107 of the Contract Work E
(3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C. 3704).
exclude individual employees from work on the project;and
(4)the prime contractor remains ultimately responsible for 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative
submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract
other Federal regulatory requirements. performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
b. "Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the
that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 ut
equipment not ordinarily available in the type of contracting U.S.C.3704).
organizations qualified 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. VIII.FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
2.The contract amount upon which the requirements set forth
in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v i s i o n i s applicable to all Federal-aid
material and manufactured products which are to be construction contracts and to all related subcontracts. E
purchased or produced by the contractor under the contract
provisions. In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made
or supervisor who is employed by the firm, has full authority to by engineers,contractors,suppliers,and workers on Federal-
direct performance of the work in accordance with the contract aid highway projects, it is essential that all persons concerned
requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, E
(regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or
own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the
engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any
necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and CL
similar acts, Form FHWA-1022 shall be posted on each
4. No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more
otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned
contracting officer,or authorized representative,and such with the project:
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows:
contracting agency has assured that each subcontract is
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C.13.b
"Whoever, being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall
States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification
person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be
false statement,false representation,or false report as to the considered in connection with the department or agency's
character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction. However,
be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a
be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person
submission of plans,maps,specifications,contracts,or costs from participation in this transaction.
of construction on any highway or related project submitted for
approval to the Secretary of Transportation;or c.The certification in this clause is a material representation CL
of fact upon which reliance was placed when the contracting
Whoever knowingly makes any false statement,false agency determined to enter into this transaction. If it is later
representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered
character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies
be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency
connection with the construction of any highway or related may terminate this transaction for cause of default.
project approved by the Secretary of Transportation;or W
d.The prospective first tier participant shall provide 2
Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom
representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier
or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when CL
Roads Act approved July 1, 1916,(39 Stat. 355),as amended submitted or has become erroneous by reason of changed
and supplemented; circumstances.
0
Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred,"
years or both." 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
IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a
WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such
as the prime or general contract). "Lower Tier Covered
This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First
contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier
Participant"refers to the participant who has entered into a E
By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal
contract,or subcontract,as appropriate,the bidder, proposer, funds(such as the prime or general contractor). "Lower Tier
Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a
appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower
Tier Participants(such as subcontractors and suppliers).
1.That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting
award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be
or Section 306 of the Clean Air Act. entered into, it shall not knowingly enter into any lower tier ut
2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred,
included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from
every subcontract,and further agrees to take such action as participation in this covered transaction, unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction.
such requirements.
g.The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment, Suspension, Ineligibility E
SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions,"
EXCLUSION provided by the department or contracting agency,entering
into this covered transaction,without modification, in all lower
This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier
contracts,design-build contracts,subcontracts, lower-tier covered transactions exceeding the$25,000 threshold.
subcontracts, purchase orders, lease agreements,consultant
contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a E
approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered
defined in 2 CFR Parts 180 and 1200. 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 CL
responsible for ensuring that its principals are not suspended,
1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals,as well as
a. By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each
first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded
Parties List System website(https://www.epls.gov/),which is
b.The inability of a person to provide the certification set out compiled by the General Services Administration.
below will not necessarily result in denial of participation in this
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C.13.b
i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies,
require the establishment of a system of records in order to including suspension and/or debarment.
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide
is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is
a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
j. Except for transactions authorized under paragraph(f)of changed circumstances.
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred," CL
person who is suspended,debarred, ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," ._
excluded from participation in this transaction, in addition to and"voluntarily excluded,"as used in this clause, are defined
other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to
department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a
or default. copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant(such as the
prime or general contract). "Lower Tier Covered Transactions"
2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered
Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant"
Participants: refers to the participant who has entered into a covered CL
transaction with a grantee or subgrantee of Federal funds
a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier
its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
(1) Are not presently debarred,suspended, proposed for Tier Participants(such as subcontractors and suppliers).
debarment,declared ineligible,or voluntarily excluded from
participating in covered transactions by any Federal e.The prospective lower tier participant agrees by
department or agency; submitting this proposal that,should the proposed covered
transaction be entered into,it shall not knowingly enter into
(2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is
proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily
against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction, unless
connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this E
a public(Federal, State or local)transaction or contract under transaction originated.
a public transaction;violation of Federal or State antitrust
statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by
bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled
statements,or receiving stolen property; "Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
(3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and
civilly charged by a governmental entity(Federal, State or in all solicitations for lower tier covered transactions exceeding
local)with commission of any of the offenses enumerated in the$25,000 threshold. ut
paragraph(a)(2)of this certification;and
g.A participant in a covered transaction may rely upon a
(4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered
application/proposal had one or more public transactions transaction that is not debarred,suspended, ineligible,or
(Federal, State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it
knows that the certification is erroneous.A participant is
b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended,
any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered
participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as
the eligibility of any lower tier prospective participants,each
2. Instructions for Certification-Lower Tier Participants: participant may, but is not required to,check the Excluded
Parties List System website(htti2s://www.el2ls.gov/),which is
(Applicable to all subcontracts, purchase orders and other compiled by the General Services Administration.
lower tier transactions requiring prior FHWA approval or
estimated to cost$25,000 or more-2 CFR Parts 180 and h. Nothing contained in the foregoing shall be construed to E
1200) require establishment of a system of records in order to render
in good faith the certification required by this clause.The
a. By signing and submitting this proposal,the prospective knowledge and information of participant is not required to
lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person CL
in the ordinary course of business dealings.
b.The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction i. Except for transactions authorized under paragraph a of
was entered into. If it is later determined that the prospective these instructions, if a participant in a covered transaction
lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a
certification,in addition to other remedies available to the person who is suspended,debarred, ineligible,or voluntarily
Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to
other remedies available to the Federal Government,the
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C.13.b
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
Certification Regarding Debarment,Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
CL
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.
CL
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
$100,000(49 CFR 20).
e(
1.The prospective participant certifies,by signing and
submitting this bid or proposal,to the best of his or her
knowledge and belief,that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned,to any person for
influencing or attempting to influence an officer or employee of
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 ut
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 E
connection with this Federal contract,grant, loan,or
cooperative agreement,the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying,"in accordance with its instructions.
2.This certification is a material representation of fact upon
which reliance was placed when this transaction was made or E
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 fails to file the required
certification shall be subject to a civil penalty of not less than CL
$10,000 and not more than$100,000 for each such failure.
3.The prospective participant also agrees by submitting its
bid or proposal that 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 6.The contractor shall include the provisions of Sections 1
PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work.
ROAD CONTRACTS
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract,the contractor
undertaking to do work which is,or reasonably may be,done
as on-site work,shall give preference to qualified persons who CL
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated,or the subregion,or the
Appalachian counties of the State wherein the contract work is
situated,except:
a.To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work. CL
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract,provided that the number of nonresident
persons employed under this subparagraph(1 c)shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work,except as provided in
subparagraph(4)below.
2.The contractor shall place a job order with the State
Employment Service indicating(a)the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b)the number of employees required in E
each classification,(c)the date on which the participant
estimates such employees will be required,and(d)any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work,the
information submitted by the contractor in the original job order
is substantially modified,the participant shall promptly notify
the State Employment Service. ut
3.The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment —
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion,are not qualified to
perform the classification of work required.
4. If,within one week following the placing of a job order by
the contractor with the State Employment Service,the State
Employment Service is unable to refer any qualified job
applicants to the contractor,or less than the number
requested,the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this E
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. CL
5. The provisions of 23 CFR 633.207(e)allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
12 Packet jPg.436
DocuSign Envelope ID:A29B3351-45C4-48E6-8988-ACB9B46646D6
C.13.b
To: iomara. unezdot.state. .us
TRANSPORTATIONFLORIDA DEPARTMENT OF
FUNDS APPROVAL
GON68
6/15/2017
CONTRACT INFORMATION
CIL
Contract: GON68
Contract Type, GD-GRANT DISBURSEMENT(GRANT)
0
Method of Procurement:: G-GOVERMENTAL AGENCY(287.057,F.S.)
Vendor Name: MONROE COUNTY BOCC E
Vendor ID: F596000749114
Beginning Date of This Agreement: 06/14/2017
CIL
Ending Date of This Agreement: 09/30/2018
Contract Total! udgetary Ceiling: ct=$900,000.00
Description: LAP-MONROE COUNTY LOWER KEYS SCENIC HIGHWAY VIEWING AREA
FUNDS APPROVAL INFORMATION
FUNDS APPROVEDIREVIEWED FOR I IT VE,CPA,COMPTROLLER ON 611512017
Actiom Original Original
Reviewed or Approved APPROVED APPROVED
Organization Code. 55064010612 55064010612
Expansion Option. A8 A6
Object Code: 780000 780000
`
Amount: $850,000.00 $50,000.00
Financial Project: 43551115801 43551116801
Work Activity(FCT): 215 215
CFDA [55150200
0.205 20.205
Fiscal Year; 017 2017
Budget Entity: 55150200
Category/Category Year: 088717/17 088718/17
Amendment ID: 0001 0001
Sequence. 00 01
User Assigned ID:
Enc Line(6s)/Status. t000104 0002/04 0)
CIL
TotalAmount: $900,000.00
Pagel of 1
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
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Page 1 of
6
FPN: 435511-1 FPN: FPN:
Federal No (FAIN): D617-046-B Federal No (FAIN): Federal No (FAIN):
Federal Award Date: V7 Federal Award Date: Federal Award Date:
Fund: Fund: Fund:
Or Code:
9 Org Code: Org Code: CL
FLAIR Approp: FLAIR Approp: FLAIR Approp:
County No:90 (Monroe) Contract No: 7 /
Local Agency Vendor No: VF596000749-114 Local Agency DUNS No: 073876757
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction E
THIS LOCAL AGENCY PROGRAM AGREEMENT ("Agreement"), is made and entered into this day of Z
between the State of Florida, Department of Transportation, an agency of the State of Florida CL
("Department"), and Monroe County Board of County Commission ("Agency").
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement,
the parties agree as follows:
1. Authority: The Agency, by Resolution No. 124-2017 dated the 17th day of May 2017, a11
copy of which is attached as Exhibit "F" and made a part of this Agreement, has authorized its officers to execute this
Agreement on its behalf. The Department has the authority pursuant to Section 339.12, Florida Statutes, to enter into this _
Agreement.
. Purpose ofAgreement: The purpose of this Agreement is to provide for the Department's participation in
Monroe County Lower Keys Scenic Highway Viewing Area, as further described in Exhibit "A", Project Description and
Responsibilities attached to and incorporated in this Agreement ("Project"), to provide Department financial assistance to
the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in �-
which the Project will be undertaken and completed.
. Term of Agreement: The Agency agrees to complete the Project on or before September 30, 2018. If the
Agency does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled
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 W
reimbursed by the Department.
4. Project Cost: CL
A. The total cost of the Project is $ 900,000. This amount is based upon the schedule of funding in Exhibit
"B", 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 $900,000 and as
ro-
more fully described in Exhibit "B". 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. ItLO
is understood that Department participation in eligible Project costs is subject to:
i. Legislative approval of the Department's appropriation request in the work program year that the
Project is scheduled to be committed;
ii. Availability of funds as stated in subparagraphs 51. and 5.M. of this Agreement;
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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OGG 02
Page 2 of
iii. Approval of all plans, specifications, contracts or other obligating documents and all other tern 20
of this Agreement; and
iv. Department approval of the Project scope and budget at the time appropriation authorii
becomes available. )
5. Requisitions and Payments: CL
CIO
A. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable
must specify the required minimum level of service to be performed and the criteria for evaluatini
successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverable;
are described more fully in Exhibit"A". E
B. Invoices shall be submitted by the Agency in detail sufficient for a proper pre-audit and post-audit base(
on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A" rL
Deliverables must be received and accepted in writing by the Department's Project Manager prior t(
payments. 2_
0
C. The Agency shall charge to the Project account all eligible costs of the Project except costs agreed to bE
borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding
or attributable to actions which have not received the required approval of the Department shall not bE
considered eligible costs. All costs charged to the Project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts _
or vouchers evidencing in proper detail the nature and propriety of the charges.
D. Supporting documentation must establish that the deliverables were received and accepted in writing by E
the Agency and must also establish that the required minimum level of service to be performed based on 0.
the criteria for evaluating successful completion as specified in Exhibit"A"was met. 0.
E. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida
Statutes and the most current version of the Disbursement Handbook for Employees and Managers.
x
F. Payment shall be made only after receipt and approval of goods and services unless advance payments
are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida m
Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the E
Department shall notify the Agency of the deficiency to be corrected, which correction shall be made 02)
within a time-frame to be specified by the Department. The Agency shall, within five days after notice from
the Department, provide the Department with a corrective action plan describing how the Agency will
address all issues of contract non-performance, unacceptable performance, failure to meet the minimum
performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is /CO
unacceptable to the Department, the Agency shall be assessed a non-performance retainage equivalent
to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current
billing period. The retainage shall be withheld until the Agency resolves the deficiency. If the deficiency
is subsequently resolved, the Agency may bill the Department for the retained amount during the next
billing period. If the Agency is unable to resolve the deficiency, the funds retained may be forfeited at the 10
end of the Agreement's term.
G. Agencies providing goods and services to the Department should be aware of the following time frames.
LO
Inspection and approval of goods or services shall take no longer than 20 days from the Department's LO
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.
If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant
to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Agency. 5
Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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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 o� a,
this individual include acting as an advocate for Agencies who may be experiencing problems in obtaininc aE
timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.
IM
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 E
records, together with supporting documents and records, of the contractor and all subcontractors
performing work on the project, and a!! other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs. CL
I. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency
and approved by the Department. The Agency shall maintain said schedule of funding, carry out the
Project, and shall incur obligations against and make disbursements of Project funds only in conformity
with the latest approved schedule of funding for the Project. The schedule of funding may be revised by
execution of a Local Agency Program ("LAP") Supplemental Agreement between the Department and the
Agency. The Agency acknowledges and agrees that funding for this project may be reduced upon
determination of the agency's contract award amount. If revised, a copy of the Supplemental Agreement
shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it
complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller. E
J. If, after Project completion, any claim is made by the Department resulting from an audit or for work or
services performed pursuant to this Agreement, the Department may offset such amount from payments
due for work or services done under any agreement which it has with the Agency owing such amount if, a
upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any
amount pursuant to this paragraph shall not be considered a breach of contract by the Department.
x
K. The Agency must submit the final invoice on the Project to the Department within 120 days after the
completion of the Project. Invoices submitted after the 120-day time period may not be paid.
L. The Department's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, mo
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being
incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds
are not eligible for reimbursement if incurred prior to funds approval being received. The Department will
notify the Agency, in writing, when funds are available.
M. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, u
the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
0
"The Department, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess
of the amounts budgeted as available for expenditure during such fiscal year. Any LO
contract, verbal or written, made in violation of this subsection is null and void, and no LO
r9
money may be paid on such contract. The Department shall require a statement from the
comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent
the making of contracts for periods exceeding 1 year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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of the Department which are for an amount in excess of $25,000 and which have a term
0
for a period of more than 1 year."
6. Department Payment Obligations: Subject to other provisions of this Agreement, the Department will honor
requests for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision o a)
this Agreement, the Department may elect by notice in writing not to make a payment if: 0
CL
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;
There is any pending litigation with respect to the performance by the Agency of any of its duties or E
obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the
Project;
CL
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 16.J.; or E
E. The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
The Department may suspend or terminate payment for that portion of the Project which the Federal Highway
Administration ("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal-aid. E
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 ("NTP"), 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.
Lu
7. General Requirements: The Agency shall complete the Project with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions in this Agreement, and all applicable laws. The W
Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and
directives as described in the Department's Local AgencV Program Manual, which by this reference is made a part of this cmn
Agreement. Time is of the essence as to each and every obligation under this Agreement. CL
A. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, co
and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible
charge of the Project, which employee should be able to perform the following duties and functions:
L Administers inherently governmental project activities, including those dealing with cost, time,
adherence to contract requirements, construction quality and scope of Federal-aid projects;
0
ii. Maintains familiarity of day to day Project operations, including Project safety issues;
LO
iii. Makes or participates in decisions about changed conditions or scope changes that require LO
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 FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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0
vi. Directs Project staff, agency or consultant, to carry out Project administration and contract
oversight, including proper documentation;
vii. Is aware of the qualifications, assignments and on-the-job performance of the Agency and
consultant staff at all stages of the Project.
CL
00
B. Once the Department issues the NTP for the Project, the Agency shall be obligated to submit an invoice
or other request for reimbursement to the Department no less than once every 90 days (quarterly),
beginning from the day the NTP is issued. If the Agency fails to submit quarterly invoices to the
Department, and in the event the failure to timely submit invoices to the Department results in the "FHWA" E
removing any unbilled funding or the loss of State appropriation authority (which may include the loss of
state and federal funds, if there are state funds programmed to the Project), then the Agency will be
solely responsible to provide all funds necessary to complete the Project and the Department will not be CL
obligated to provide any additional funding for the Project. The Agency waives the right to contest such
removal of funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the
removal is related to the loss of State appropriation authority. In addition to the loss of funding for the
Project, the Department will also consider the de-certification of the Agency for future LAP Projects. No
cost may be incurred under this Agreement until after the Agency has received a written NTP from the
Department. The Agency agrees to advertise or put the Project out to bid thirty (30) days from the date
the Department issues the NTP to advertise the Project. If the Agency is not able to meet the scheduled
advertisement, the District LAP Administrator should be notified as soon as possible.
C. If all funds are removed from the Project, including amounts previously billed to the Department and
reimbursed to the Agency, and the Project is off the state highway system, then the Department will have E
to request repayment for the previously billed amounts from the Agency. No state funds can be used on
off-system projects, unless authorized pursuant to Exhibit "G", State Funds Addendum, which will be
attached to and incorporated in this Agreement in the event state funds are used on the Project: U)
D. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is
required under applicable law to enable the Agency to enter into this Agreement or to undertake the
Project or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate
and consummate, as provided by law, all actions necessary with respect to any such matters.
E. The Agency shall initiate and prosecute to completion all proceedings necessary, including Federal-aid E
requirements, to enable the Agency to provide the necessary funds for completion of the Project.
F. The Agency shall submit to the Department such data, reports, records, contracts, and other documents rL
relating to the Project as the Department and FHWA may require. The Agency shall use the
Department's Local Agency Program Information Tool and applicable information systems as required. CID
G. Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable
federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and
policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be
paid on account of any cost incurred prior to authorization by FHWA to the Department to proceed with cc
the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines U
that any amount claimed is not eligible, federal participation may be approved in the amount determined '7
to be adequately supported and the Department shall notify the Agency in writing citing the reasons why
LO
items and amounts are not eligible for federal participation. Where correctable non-compliance with Lo
provisions of law or FHWA requirements exists. Federal funds may be withheld until compliance is
obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in
parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal
reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse
the Department for all such amounts within 90 days of written notice.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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H. For any project requiring additional right-of-way, the Agency must submit to the Department an annuE
report of its real property acquisition and relocation assistance activities on the project. Activities shall b
reported on a federal fiscal year basis, from October 1 through September 30. The report must bi _
prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to thI
Department no later than October 15 of each year.
8. Audit Reports: The administration of resources awarded through the Department to the Agency by thi: CL
Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the '®
authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of federal awards o
limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official
The Agency shall comply with all audit and audit reporting requirements as specified below.
A. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal year; we
beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audi-
Requirements, for fiscal years beginning on or after December 26, 2014, monitoring procedures may CL
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, anc
issuing management decisions on weaknesses found through audits when those findings pertain tc
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 m
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 State of Florida Auditor General.
B. The Agency, a non-federal entity as defined by OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and as defined by 2 CFR Part 200, Subpart F -Audit Requirements, for fiscal years m
beginning on or after December 26, 2014, as a subrecipient of a federal award awarded by the
Department through this Agreement is subject to the following requirements:
i. In the event the Agency expends a total amount of federal awards equal to or in excess of 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, the Agency must have a federal single or program-
specific audit for such fiscal year conducted in accordance with the provisions of OMB Circular A-
133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions
of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after E
December 26, 2014. Exhibit "1", Federal Financial Assistance (Single Audit Act) to this
Agreement provides the required federal award identification information needed by the Agency
to further comply with the requirements of OMB Circular A-133, for fiscal years beginning before
December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F -Audit Requirements,
for fiscal years beginning on or after December 26, 2014. In determining federal awards CO
expended in a fiscal year, the Agency must consider all sources of federal awards based on when
the activity related to the federal award occurs, including the federal award provided through the
Department by this Agreement. The determination of amounts of federal awards expended
should be in accordance with the guidelines 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. An audit conducted by
the State of Florida Auditor General in accordance with the provisions of OMB Circular A-133, for 7
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 LLOO
meet the requirements of this part.
ii. 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 FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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iii. In the event the Agency expends less than the threshold established by OMB Circular A-133, fo
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 federa
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 a
FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency's audi .
period for each applicable audit year. In the event the Agency expends less than the thresholc CL
established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, anc @
established by 2 CFR Part 200, Subpart F -Audit Requirements, for fiscal years beginning on of
after December 26, 2014, in federal awards in a fiscal year and elects to have an audit conductec
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, E
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). CL
iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https:/,Iharvester.census.gov/facweb/the audit reporting package as required by OMB Circular A- *-
133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200,
Subpart F-Audit Requirements, for fiscal years beginning on or after December 26, 2014, within
the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end
of the audit period. The FAC is the repository of record for audits required by OMB Circular A-
133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part
200, Subpart F -Audit Requirements, for fiscal years beginning on or after December 26, 2014,
and this Agreement. However, the Department requires a copy of the audit reporting package
also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after m
receipt of the auditor's report(s) or nine months after the end of the audit period as required by
OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2
CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or after December
26, 2014.
v. Within six months of acceptance of the audit report by the FAC, 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. If m
the Agency fails to have an audit conducted in accordance with 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 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 cO
following:
1. Temporarily withhold cash payments pending correction of the deficiency by the Agency
or more severe enforcement action by the Department;
2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the 10
cost of the activity or action not in compliance; c,
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 suchLO
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. ¢;
vi. As a condition of receiving this federal award, the Agency shall permit the Department, or its
designee, the CFO or State of Florida Auditor General access to Agency's records including r
CU
financial statements, the independent auditor's working papers and project records as necessary.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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Records related to unresolved audit findings, appeals or litigation shall be retained until the actioi -20
is complete or the dispute is resolved.
vii. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street CL
Tallahassee, Florida 32399 0450
FDOI iiggPeAiidit@dot.st tc.fl.us
_._. 0
C. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreemen
for a period of five years from the date the audit report is issued and shall allow the Department, or it: E
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 audil CL
report is issued unless extended in writing by the Department.
9. 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,
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 9.13. 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 the
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 rL
Department right-of-way will become the property of the Department and will be turned over promptly by
the Agency. co
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.
0
E. Upon receipt of any final termination or suspension notice under this paragraph 9., the Agency shall
proceed promptly to carry out the actions required in such notice, which may include any or all of the LLOO
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. The
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 FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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closing out of federal financial participation in the Project shall not constitute a waiver of any claim which
the Department may otherwise have arising out of this Agreement.
10. Contracts of theAgency:
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A. Except 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 CL
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. E
B. 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 CL
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 C.F.R. 172, 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.
C. The Agency shall comply with, and require its consultants and contractors to comply with applicable
federal law pertaining to the use of Federal-aid funds. The Agency shall comply with the provisions in the
FHWA-1273 form as set forth in Exhibit "C", FHWA 1273 attached to and incorporated in this Agreement. cW
The Agency shall include FHWA-1273 in all contracts with consultants and contractors performing work E
on the Project.
11. Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that
DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of 0
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement.
x
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
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12. Compliance with Conditions and Laws: The Agency shall comply and require its contractors and
subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and 110
regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Agency is in
compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by
applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, 5
Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions," in 49 C.F.R. Part 29, and 2 C.F.R. Part 200
when applicable.
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13. Performance Evaluations: Agencies are evaluated on a project-by-project basis. The evaluations provide 7
information about oversight needs and provide input for the recertification process. Evaluations are submitted to the
Agency's person in responsible charge or designee as part of the Project closeout process. The Department provides the LLOO
evaluation to the Agency no more than 30 days after final acceptance.
A. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the
Agency failed to develop the Project in accordance with applicable federal and state regulations,
standards and procedures, required excessive District involvement/oversight, or the Project was brought
in-house by the Department. A rating of Satisfactory Performance means the Agency developed the
Project in accordance with applicable federal and state regulations, standards and procedures, with
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENTPROGRAM MANAGEMENT
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Page 10 of 1
minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Agenc)
developed the Project in accordance with applicable federal and state regulations, standards an(
procedures, without District involvement/oversight.
B. The District will determine which functions can be further delegated to Agencies that continuously earr
Satisfactory and Above Satisfactory evaluations.
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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:
A. The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the E
regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the
Agency pursuant thereto. The Agency shall include the attached Exhibit "E", Title VI Assurances in all
contracts with consultants and contractors performing work on the Project that ensure compliance with CL
Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
B. The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and assurance by the Agency pursuant thereto.
C. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may
not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work; may not submit bids on leases of real property to a public entity; may not be awarded or
perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity;
and may not transact business with any public entity in excess of the threshold amount provided in E
Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being 0.
placed on the convicted vendor list. 0.
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 u
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
E. An entity or affiliate who has had its Certificate 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 CL
perform work for the construction or repair of a public building or public work on a contract with the
Agency. co
F. Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract,
subcontract or arrangement in connection with the Project or any property included or planned to be
included in the Project in which any member, officer or employee of the Agency or the locality during
tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member,
officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such U
interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the 7
Department, may waive the prohibition contained in this paragraph provided that any such present
member, officer or employee shall not participate in any action by the Agency or the locality relating to LLOO
such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in
connection with the Project or any property included or planned to be included in any Project, and shall
require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
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The provisions of this paragraph shall not be applicable to any agreement between the Agency and it:
fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by
governmental agency. _
G. No member or delegate to the Congress of the United States shall be admitted to any share or part of thi:
Agreement or any benefit arising therefrom. S
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. Indemnification and Insurance:
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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 suil E
for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The
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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 CL
Agency agrees to include the following indemnification in all contracts with contractors/subcontractors, or
consultants/subconsultants who perform work in connection with this Agreement:
"To the fullest extent permitted by law, the Agency's contractor shall indemnify and hold harmless
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 m
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's
sovereign immunity.
To the fullest extent permitted by law, the Agency's consultant shall indemnify and hold harmless
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.
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This indemnification shall survive the termination of this Contract. Nothing contained in this
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paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's
sovereign immunity." CL
B. The Agency shall, or cause its contractor or consultant to carry and keep in force, during the term of this f
Agreement, a general liability insurance policy or policies with a company or companies authorized to do
business in Florida, affording public liability insurance with combined bodily injury limits of at least
$200,000 per person and $300,000 each occurrence, and property damage insurance of at least
$200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The
Agency shall also, or cause its contractor or consultant to carry and keep in force Workers' Compensation cc
Insurance as required by the State of Florida under the Workers' Compensation Law. With respect to any
general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by
companies licensed to do business in the State of Florida. The Agency shall provide to the Department
certificates showing the required coverage to be in effect with endorsements showing the Department to
be an additional insured prior to commencing any work under this Agreement. Policies that include Self
Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any
material change in or cancellation of the policies reflecting the required coverage, thirty days advance
notice shall be given to the Department or as provided in accordance with Florida law.
16. Miscellaneous r visi .
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
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A. The Agency will be solely responsible for compliance with all applicable environmental regulations, fo
any liability arising from non-compliance with these regulations, and will reimburse the Department for an, .
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, ,
provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the -S
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Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (3: _
U.S.C. 1251-1387).
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B. The Department shall not be obligated or liable hereunder to any individual or entity not a party to thi:
Agreement.
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C. In no event shall the making by the Department of any payment to the Agency constitute or be construec
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 shal CL
exist, shall in no way impair or prejudice any right or remedy available to the Department with respect tc
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
hereunder.
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F. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision a.
or perform any act or do any other thing in contravention of any applicable state law. If any of the
provisions of the Agreement violate any applicable state law, the Agency will at once notify the �--
Department in writing in order that appropriate changes and modifications may be made by the
Department and the Agency to the end that the Agency may proceed as soon as possible with the
Project.
x
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 a,
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 CL
of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the
Deco
partment. fo
H. Upon completion of right-of-way activities on the Project, the Agency must certify compliance with all
applicable federal and state requirements. Certification is required prior to authorization for
advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is
required.
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I. The Agency will certify in writing, prior to Project closeout that the Project was completed in accordance
with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the
Agency's name, and the Project is accepted by the Agency as suitable for the intended purpose. LO
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, e
continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENTOGC-02/1;
Page 13 of V
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agreement. If any funds other than federally-appropriated funds have been paid by the Agency to any
person for influencing or attempting to influence an officer or employee of any federal agency, a Membei
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection ._
with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this
paragraph be included in the award documents for all subawards at all tiers (including subcontracts, CL
°—
subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly. No funds received pursuant to this contract may be expended for ._
lobbying the Legislature, the judicial branch or a state agency.
K. The Agency may not permit the Engineer of Record to perform Construction, Engineering and Inspection
services on the Project.
L. 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 ® will rL
❑will not maintain the improvements made for their useful life.
M. 0
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:
L 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
ii. shall expressly require any contractor and subcontractors performing work or providing services W
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. x
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. CL
0. 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
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i. Exhibit "A", Project Description and Responsibilities, is attached and incorporated into this
Agreement.
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ii. Exhibit"B", Schedule of Funding, is attached and incorporated into this Agreement.
iii. ® 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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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENTOGC-02/1
Page 14 of 1
iv. An Alternative Pay Method is used on this Project. If an alternative Pay Method is used on thi:
Project, then Exhibit "D", Alternative Pay Method, is attached and incorporated into thi:
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 anc CL
incorporated into this Agreement.
0
vii. ❑ State Funds are used on this Project. If State Funds are used on this Project, then Exhibit"G",
State Funds Addendum, is attached and incorporated into this Agreement.
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viii. ❑ This Project is located off the State Highway System and includes funding for landscaping. li
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this Project is located off the State Highway System and includes funding for landscaping, then
Exhibit"L"is attached and incorporated into this Agreement. CL
ix. ❑ 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. If the Project includes funding for
roadway lighting system, Exhibit"RL" is attached and incorporated into this Agreement.
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A. ❑ 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 21
incorporated into this Agreement.
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xii. Exhibit "1", Federal Financial Assistance (Single Audit Act) is attached and incorporated into this 0.
Agreement.
xiii. ❑ State Funds are used on this Project. If State Funds are used on this Project, then Exhibit "2", a
State Financial Assistance (Florida Single Audit Act), is attached and incorporated into this
Agreement.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
PROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENTOGO-02/1 i
Page 15 of 1E
0
IN WITNESS WHEREOF, the parties have executed this Agreement on the dqwand year written above.
AGENCY Mo oe County Bd. o County C,mmission STATE OF FLO DE R NT OF TRANSPORTATION
By: By: CL
erne: O4re Neu gat Name:
Mayor Title: —
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L Hancock, Deputy Clerk: for �
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�MADOK, CLERK .
Legal Review:
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NR ;� TY ATTORNEYS OFFICE .A ...
A RROVW AS TO F RM
PATRICIA EABLES �
ASSISTANT'C N7Y N E
AT : -
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 ,o
AGREEMENTLOCAL AGENCY PROGRAM PROGRAM MANAGEMENT �
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Page 1 of 1
E
EXHIBIT
"A"
�
PROJECT DESCRIPTION AND RESPONSIBILITIES
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FPN-435511-1
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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
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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 LU
applicable, the amount of state funding action (receipt and disbursement 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
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permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
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The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in CIO
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.
d) Construction contract to be let by August 16, 2017.
e) Construction to be completed by September 30, 2018.
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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: N/A
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STAI OF FLORMA DEPARTMENT OF TRANSPORTAnON 525-010-408 �
PROGRAM AGENCY PROGRAMAGREEMENT OGC-08/15 Pagel of 1
EXHIBITtt "
SCHEDULE OF FUNDING CL
AGENCY NAME& BILLING ADDRESS Monroe COunty FPN: 435511-1
Monroe County BCCC
1100 Simonton Street
Key West FI 33040 E
gy® FUNDING a
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t1}
TOTAL
TYPE F F K y Fiscal Year PROJECT FUNDS I OCAL FUNDS STATE FUNDS FEDERAL}FUND,'
,annil�g-18 FYI
FY:
FY:
Total Planning Cost eCD
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Project DcveIopment& Environment(PD&:E)-28 �
FY:
FY: m
FY:
Total PD&,E Cost
Design-38 FY:
FY: U)
FY:
Total Design Cost
9ght=ofMay-48 FY: eU
FY: x
FY:
72ta1 f fight o;- �la Cast
onstrUction=58 FY: 17/18 S 85 0000 S 85U00 �
FY:
FY:
FY: _ `—
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Total Construction Cast 856,000 $8 0,000
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onstruction Engineering and Inspection(CEI)-68
FY: 17118 $50,000 $50 000 Z
FY: CD
FY:
Total CFI Cast 50,000 $50,000 �
paratians—88
FY:
FY:
r
FY:
Total Operations Costs t y
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TOTAL.COST OF THE PROJECT S 000,000 0,000
The Department's 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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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40C
LOCAL PROGRAM MANAGEMENT
AGENCY
OGC-08115
Page 1 of 1
EXHIBIT 66C"
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FHWA FORM 173
FEDERAL RESOURCESA ARDED PURSUANT T THIS AGREEMENT A EASFOLLOWS:
LEGAL REQUIREMENTS AND S IDS II, 'I""I' TO THE PUBLIC—
COMPLIANCE IT FHWA 1273.
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The FHWA-1273 version dated May 1, 2012 is appended in its entirety to this Exhibit. FHWA-
1273 may also be referenced on the Department's website at the following URL address: m
11%, 1 d Ot.d w, r ro%� t 1t 1,dinI8 -i d )rii_ 1Ct '( 7 s_1 2 !> t d
Sub-recipients of federal grants awards for Federal-Aid Highway construction shall take
responsibility to obtain this information and comply with all provisions contained in FHWA- m
1273.
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Exhibit C
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FHWA-1273-- Revised May 1,2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
CIL
I. General 3. A breach of any of the stipulations contained in these
II. Nondiscrimination Required Contract Provisions may be sufficient grounds for
III. Nonsegregated Facilities withholding of progress payments,withholding of final
IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment E
V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the
Provisions contracting agency and FHWA.
VI. Subletting or Assigning the Contract
VI I. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract, CIL
Vill. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose
IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid
Pollution Control Act highway unless it is labor performed by convicts who are on
X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid
Debarment Requirements highway does not include roadways functionally classified as
XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors.
Lobbying
ATTACHMENTS II. NONDISCRIMINATION
A. Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are
Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all
Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply,engineering,or architectural service contracts. 2
1. GENERAL 0.
0.
In addition,the contractor and all subcontractors must comply
1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60,
construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the
emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI
contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related
subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR
subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633.
and other agreements for supplies or services).
The contractor and all subcontractors must comply with: the
The applicable requirements of Form FHWA are requirements of the Equal Opportunity Clause in 41 CFR 60- 0)
incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000,
order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity
prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3.
subcontractor, lower-tier subcontractor or service provider.
Note:The U.S. Department of Labor has exclusive authority to CIL
Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the
build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29
subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have
purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with
supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as
for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of
or service provider. 1964,as amended,and related regulations including 49 CFR
Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix O
Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S.
referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. r
subcontracts(excluding purchase orders,rental agreements r
and other agreements for supplies or services related to a 1.Equal Employment Opportunity:Equal employment LO
LO
construction contract). opportunity(EEO)requirements not to discriminate and to take r9
affirmative action to assure equal opportunity as set forth
2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35,
sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27)
performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the
and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23
immediate superintendence and to all work performed on the U.S.C.140 shall constitute the EEO and specific affirmative
contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under O
1 Packet Pg.456
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this contract.The provisions of the Americans with Disabilities 4. Recruitment:When advertising for employees,the
Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the
35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such
contract. In the execution of this contract,the contractor advertisements will be placed in publications having a large )
agrees to comply with the following minimum specific circulation among minorities and women in the area from
requirement activities of EEO: which the project work force would normally be derived. CIL
a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid
the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct
good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral
of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To
of activities under the contract. meet this requirement,the contractor will identify sources of
potential minority group employees,and establish with such
b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women
following statement: applicants may be referred to the contractor for employment
consideration.
"It is the policy of this Company to assure that applicants
CIL
are employed,and that employees are treated during b. In the event the contractor has a valid bargaining
employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the
national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that
employment, upgrading,demotion,or transfer;recruitment or agreement to the extent that the system meets the contractor's
recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where
other forms of compensation;and selection for training, implementation of such an agreement has the effect of
including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the
job training." contractor to do the same,such implementation violates
Federal nondiscrimination provisions.
2. EEO Officer:The contractor will designate and make
known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to
the responsibility for and must be capable of effectively refer minorities and women as applicants for employment.
administering and promoting an active EEO program and who Information and procedures with regard to referring such
must be assigned adequate authority and responsibility to do applicants will be discussed with employees. E
so.
5.Personnel Actions:Wages,working conditions,and
3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered, and
staff who are authorized to hire,supervise,promote,and personnel actions of every type, including hiring,upgrading,
discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be
are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national
cognizant of, and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be
and contractual responsibilities to provide EEO in each grade followed:
and classification of employment. To ensure that the above
agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project
minimum: sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
a. Periodic meetings of supervisory and personnel office personnel.
employees will be conducted before the start of work and then W
not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of 2
contractor's EEO policy and its implementation will be wages paid within each classification to determine any
reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices.
CIL
the EEO Officer.
c. The contractor will periodically review selected personnel
b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of 00
given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will r
all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the CD
thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such
corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of
contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection O
women. with its obligations under this contract,will attempt to resolve Ca
such complaints,and will take appropriate corrective action r
d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the r
policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, LO
applicants for employment and potential employees. such corrective action shall include such other persons. Upon LO
completion of each investigation,the contractor will inform
e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal.
implement such policy will be brought to the attention of
employees by means of meetings,employee handbooks,or 6.Training and Promotion:
other appropriate means.
a. The contractor will assist in locating,qualifying,and
increasing the skills of minorities and women who are
U
2
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applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with
should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there
employees in the type of trade orjob classification involved. under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
b. Consistent with the contractor's work force requirements undue hardship. _
and as permissible under Federal and State regulations,the CIL
contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials _
apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not
geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex,
special provision for training is provided under this contract, national origin,age or disability in the selection and retention
this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and
special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary
training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the
in accordance with 23 U.S.C.140(a). administration of this contract.
c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and
employment of available training programs and entrance suppliers and lessors of their EEO obligations under this CIL
requirements for each. contract.
d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure
promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations.
women and will encourage eligible employees to apply for
such training and promotion.
10. Assurance Required by 49 CFR 26.13(b):
7.Unions: If the contractor relies in whole or in part upon W
unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State
faith efforts to obtain the cooperation of such unions to DOT's U.S. DOT-approved DBE program are incorporated by
increase opportunities for minorities and women. Actions by reference.
the contractor,either directly or through a contractor's
association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on
forth below: the basis of race,color,national origin, or sex in the
performance of this contract. The contractor shall carry out 2
a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and 0.
cooperation with the unions,joint training programs aimed 0.
administration of DOT-assisted contracts. Failure by the
toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach
in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this
so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency
deems appropriate.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such
union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO
regard to their race,color,religion,sex, national origin,age or requirements. Such records shall be retained for a period of
disability. three years following the date of the final payment to the
contractor for all contract work and shall be available at
c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized
practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA.
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the CIL
information to the contractor,the contractor shall so certify to following:
the contracting agency and shall set forth what efforts have
been made to obtain such information. (1)The number and work hours of minority and non-
minority group members and women employed in each work
d. In the event the union is unable to provide the contractor classification on the project;
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation
through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment
vacancies without regard to race,color, religion,sex,national opportunities for minorities and women; and
origin,age or disability;making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring,
to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women;
provide exclusive referrals under the terms of a collective
bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual u7
LO
requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of
practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and
pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work
special provisions,such contractor shall immediately notify the classification required by the contract work. This information is
contracting agency. to be reported on Form FHWA-13N. The staffing data should
represent the project work force on board in all or any part of
8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job
Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor
3 Packet Pg.458
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will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions
employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not
all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs
July. which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period. _
Such laborers and mechanics shall be paid the appropriate
III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for
the classification of work actually performed,without regard to
This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or
contracts and to all related construction subcontracts of mechanics performing work in more than one classification
$10,000 or more. may be compensated at the rate specified for each
classification for the time actually worked therein:Provided,
The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the
employees are provided in such a manner that segregation on time spent in each classification in which work is performed.
the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification
result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this
use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be CL
employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at
to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where
services at any location,under the contractor's control,where it can be easily seen by the workers.
the facilities are segregated. The term"facilities"includes
waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of
time clocks,restrooms,washrooms,locker rooms,and other
storage or dressing areas,parking lots,drinking fountains, laborers or mechanics, including helpers,which is not listed in
recreation or entertainment areas,transportation, and housing the wage determination and which is to be employed under the
provided for employees. The contractor shall provide separate contract shall be classified in conformance with the wage
or single-user restrooms and necessary dressing or sleeping determination.The contracting officer shall approve an
areas to assure privacy between sexes. additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
ry
IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification
requested is not performed by a classification in the wage
This section is applicable to all Federal-aid construction determination;and
projects exceeding$2,000 and to all related subcontracts and
lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the
requirements apply to all projects located within the right-of- construction industry;and
way of a roadway that is functionally classified as Federal-aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors,which are exempt. (ili)The proposed wage rate,including any bona fide
Contracting agencies may elect to apply these requirements to fringe benefits,bears a reasonable relationship to the
other projects. wage rates contained in the wage determination.
The following provisions are from the U.S.Department of
(2)If the contractor and the laborers and mechanics to be
Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their
related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the
1273 format and FHWA program requirements. classification and wage rate(including the amount
designated for fringe benefits where appropriate),a report of
the action taken shall be sent by the contracting officer to the CL
1. Minimum wages Administrator of the Wage and Hour Division,Employment
Standards Administration, U.S.Department of Labor, 00
Washington,DC 20210.The Administrator,or an authorized
a. All laborers and mechanics employed or working upon representative,will approve,modify,or disapprove every
the site of the work,will be paid unconditionally and not less additional classification action within 30 days of receipt and
often than once a week,and without subsequent deduction or so advise the contracting officer or will notify the contracting
rebate on any account(except such payroll deductions as are officer within the 30-day period that additional time is
permitted by regulations issued by the Secretary of Labor necessary.
under the Copeland Act(29 CFR part 3)),the full amount of
wages and bona fide fringe benefits(or cash equivalents
thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics
than those contained in the wage determination of the to be employed in the classification or their representatives, r
Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed e
hereof,regardless of any contractual relationship which may classification and wage rate(including the amount LO
be alleged to exist between the contractor and such laborers LO
designated for fringe benefits,where appropriate),the cy
and mechanics. contracting officer shall refer the questions,including the
views of all interested parties and the recommendation of the
Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for ,
fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an
Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within
paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or
O
4 Packet Pg.459
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will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show _
additional time is necessary. that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible,and that the
(4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the
priate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected, and records which show the
appro ppro)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such CL
work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under
day on which work is performed in the classification. approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs,the registration of the apprentices and
c.Whenever the minimum wage rate prescribed in the trainees, and the ratios and wage rates prescribed in the
contract for a class of laborers or mechanics includes a fringe applicable programs.
benefit which is not expressed as an hourly rate,the contractor E
shall either pay the benefit as stated in the wage determination W
or shall pay another bona fide fringe benefit or an hourly cash b.(1)The contractor shall submit weekly for each week in C
CD
equivalent thereof. which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out CL
accurately and completely all of the information required to be
d.If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social
other third person,the contractor may consider as part of the security numbers and home addresses shall not be included
wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to
reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee
under a plan or program,Provided,That the Secretary of e.g. ,the last four digits of the employee's social security
Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be
that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is
been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division
to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm
obligations under the plan or program. or its successor site.The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
2. Withholding
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and
written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an
Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage is
the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime
contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and
assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own
requirements,which is held by the same prime contractor, so records,without weekly submission to the contracting agency..
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a
including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or
contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the
required by the contract. In the event of failure to pay any
payment of the persons employed under the contract and shall
laborer or mechanic,including any apprentice,trainee,or
helper,employed or working on the site of the work,all or part certify the following:
of the wages required by the contract,the contracting agency
may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the CL
may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of
payment, advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is
have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29
CFR part 5,and that such information is correct and
3. Payrolls and basic records complete;
a. Payrolls and basic records relating thereto shall be
(ii)That each laborer or mechanic(including each
maintained by the contractor during the course of the work and helper,apprentice,and trainee)employed on the contract
preserved for a period of three years thereafter for all laborers during the payroll period has been paid the full weekly
and mechanics working at the site of the work.Such records wages earned,without rebate,either directly or indirectly,
shall contain the name,address,and social security number of and that no deductions have been made either directly or r
each such worker,his or her correct classification,hourly rates indirectly from the full wages earned,other than r
permissible deductions as set forth in Re
of wages paid(including rates of contributions or costs Regulations,29 CFR
LO
anticipated for bona fide fringe benefits or cash equivalents part 3; LO
thereof of the types described in section 1(b)(2)(B)of the
Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not
deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed,
the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination
any costs reasonably anticipated in providing benefits under a incorporated into the contract.
plan or program described in section 1(b)(2)(B)of the Davis-
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(3)The weekly submission of a properly executed rate specified in the applicable wage determination.
certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with —
WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the
"Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits,
this section. apprentices must be paid the full amount of fringe benefits _
listed on the wage determination for the applicable
(4)The falsification of any of the above certifications may classification.If the Administrator determines that a different
subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification,
prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination.
title 31 of the United States Code.
In the event the Office of Apprenticeship Training, Employer
c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency
required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an
inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be
representatives of the contracting agency,the State DOT,the Permitted to utilize apprentices at less than the applicable
FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable
CL
representatives to interview employees during working hours program is approved.
on the job.If the contractor or subcontractor fails to submit the
required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL).
after written notice to the contractor,the contracting agency or
the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be
cause the suspension of any further payment,advance,or
guarantee of funds.Furthermore,failure to submit the required Permitted to work at less than the predetermined rate for the
records upon request or to make such records available may work performed unless they are employed pursuant to and
be grounds for debarment action pursuant to 29 CFR 5.12. individually registered in a program which has received prior
approval,evidenced by formal certification by the U.S.
Department of Labor,Employment and Training
4. Apprentices and trainees Administration.
a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration. 0.
Apprentices will be permitted 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 Every trainee must be paid at not less than the rate specified
apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress,
Labor, Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate
Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall
a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the
person is employed in his or her first 90 days of probationary trainee program. If the trainee program does not mention
employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe
program,who is not individually registered in the program, but benefits listed on the wage determination unless the
who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that
Training,Employer and Labor Services or a State there is an apprenticeship program associated with the
Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage
probationary employment as an apprentice. determination which provides for less than full fringe benefits
for apprentices.Any employee listed on the payroll at a trainee
The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan
site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall
permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage r00
the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed.
apprentice wage rate,who is not registered or otherwise In addition, any trainee performing work on the job site in
employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program
applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the
classification of work actually performed.In addition,any
wage determination for the work actually performed.
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration
less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no
for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the r
performing construction on a project in a locality other than applicable predetermined rate for the work performed until an e
that in which its program is registered,the ratios and wage acceptable program is approved. LO
LO
rates(expressed in percentages of the journeyman's hourly cy
rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of
program shall be observed. apprentices,trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29
specified in the registered program for the apprentice's level of CFR part 30.
progress,expressed as a percentage of the journeymen hourly
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d. Apprentices and Trainees(programs of the U.S.DOT).
Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY
skill training programs which have been certified by the STANDARDS ACT
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction
subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$$100,000 and subject to the
The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety
trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to
particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As
journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics
the particular program. include watchmen and guards.
5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor
contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require
3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall CL
require or permit any such laborer or mechanic in any
6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to
Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such
subcontractors to include Form FHWA-1273 in any lower tier
laborer or mechanic receives compensation at a rate not less
subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours
compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek.
with all the contract clauses in 29 CFR 5.5. 0)
2.Violation;liability for unpaid wages; liquidated 2!
7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth
contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any
of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the
unpaid wages. In addition,such contractor and subcontractor
subcontractor as provided in 29 CFR 5.12. shall be liable to the United States(in the case of work done E
under contract for the District of Columbia or a territory,to such
8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such
requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each
Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic, including watchmen and
are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in
paragraph(1.)of this section,in the sum of$10 for each
9.Disputes concerning labor standards.Disputes arising
calendar day on which such individual was required or
out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
be subject to the general disputes clause of this contract.Such
disputes shall be resolved in accordance with the procedures clause set forth in paragraph(1.)of this section.
of the Department of Labor set forth in 29 CFR parts 5,6,and
7. Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages.
between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action E
contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the
employees or their representatives. Department of Labor withhold or cause to be withheld,from
any moneys payable on account of work performed by the
10.Certification of eligibility. contractor or subcontractor under any such contract or any CL
other Federal contract with the same prime contractor,or any
other federally-assisted contract subject to the Contract Work
a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same r
neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be
interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or
be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as
the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this
section.
b.No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert
of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.)
through(4.)of this section and also a clause requiring the e
subcontractors to include these clauses in any lower tier u7
c.The penalty for making false statements is prescribed in the u7
subcontracts.The prime contractor shall be responsible for cy
U.S.Criminal Code, 18 U.S.C.1001. compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.)through(4.)of this
section. LL
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evidenced in writing and that it contains all pertinent provisions
VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract.
This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is
contracts on the National Highway System. not applicable to design-build contracts;however,contracting _
agencies may establish their own self-performance CL
1.The contractor shall perform with its own organization requirements. _
contract work amounting 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 VII.SAFETY:ACCIDENT PREVENTION
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such T h i s p r o v i s i o n i s applicable to all Federal-aid
specialty items performed may be deducted from the total construction contracts and to all related subcontracts.
original contract price before computing the amount of work W
required to be performed by the contractor's awn organization 1. In the performance of this contract the contractor shall 2
(23 CFR 635.116). comply with all applicable Federal,State,and local laws
governing safety,health, and sanitation(23 CFR 635).The CL
a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and
to workers employed or leased by the prime contractor, and protective equipment and take any other needed actions as it
equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be
without operators. Such term does not include employees or reasonably necessary to protect the life and health of
equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to
agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the
term may include payments for the costs of hiring leased work covered by the contract.
employees from an employee leasing firm meeting all relevant 0)
Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a 2°
employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into
contractor meets all of the following conditions: pursuant to this contract,that the contractor and any
subcontractor shall not permit any employee,in performance
(1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions
supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her
employees; health or safety,as determined under construction safety and
(2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary
of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work
(3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). W
exclude individual employees from work on the project;and
(4)the prime contractor remains ultimately responsible for 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract
the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative
submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract
other Federal regulatory requirements. performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the
that requires highly specialized knowledge,abilities, or Contract Work Hours and Safety Standards Act(40
equipment not ordinarily available in the type of contracting U.S.C.3704).
organizations qualified 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. Vill.FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS CL
2.The contract amount upon which the requirements set forth
in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v i s i o n i s applicable to all Federal-aid
material and manufactured products which are to be construction contracts and to all related subcontracts.
purchased or produced by the contractor under the contract
provisions. In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made
or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal-
direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned
requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly.
(regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or
own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the
engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any
necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and LO
similar acts,Form FHWA-1022 shall be posted on each LO
4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more
otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned
contracting officer,or authorized representative,and such with the project:
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows:
contracting agency has assured that each subcontract is
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"Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall
States,or of any State or Territory, or whoever,whether a submit an explanation of why it cannot provide the certification
person, association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be
false statement,false representation, or false report as to the considered in connection with the department or agency's
character,quality,quantity, or cost of the material used or to determination whether to enter into this transaction.However, _
be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a CIL
be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person _
submission of plans,maps,specifications,contracts, or costs from participation in this transaction.
of construction on any highway or related project submitted for
approval to the Secretary of Transportation;or c.The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
Whoever knowingly makes any false statement,false agency determined to enter into this transaction. If it is later
representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered E
character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies
be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency
connection with the construction of any highway or related may terminate this transaction for cause of default.
project approved by the Secretary of Transportation;or CIL
d.The prospective first tier participant shall provide
Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom
representation as to material fact in any statement, certificate, this proposal is submitted if any time the prospective first tier
or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when
Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed
and supplemented; circumstances.
Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred,"
years or both." "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
IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a
WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such
as the prime or general contract). "Lower Tier Covered
This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First
contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier
Participant"refers to the participant who has entered into a
By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal
contract,or subcontract, as appropriate,the bidder, proposer, funds(such as the prime or general contractor). "Lower Tier
Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a
appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower
Tier Participants(such as subcontractors and suppliers).
1.That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting
award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be
or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier
2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred,
included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from
every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by
the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. cB
such requirements. CIL
g.The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility
SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions,"
EXCLUSION provided by the department or contracting agency,entering
into this covered transaction,without modification,in all lower
This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier
contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold.
subcontracts,purchase orders, lease agreements,consultant
contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a 0
approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered
defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or r
voluntarily excluded from the covered transaction,unless it e
knows that the certification is erroneous. A participant is LO
LO
responsible for ensuring that its principals are not suspended,
1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals,as well as
a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each
first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded
Parties List System website(https:/rw r_.w.enls. ovr),which is
b.The inability of a person to provide the certification set out compiled by the General Services Administration.
below will not necessarily result in denial of participation in this D
ns
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I. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies,
require the establishment of a system of records in order to including suspension and/or debarment.
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide
is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is _
a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of _
j. Except for transactions authorized under paragraph(f)of changed circumstances.
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a d.The terms "covered transaction,""debarred,"
person who is suspended,debarred, ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal,"
excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined
other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to
department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a
or default. copy of those regulations. "First Tier Covered Transactions"
CD
refers to any covered transaction between a grantee or
* subgrantee of Federal funds and a participant(such as the CL
prime or general contract). "Lower Tier Covered Transactions"
2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered
Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant'
Participants: refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier
its knowledge and belief,that it and its principals: Participant'refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
1 Are not resent) debarred,suspended,proposed for Tier Participants such as subcontractors and suppliers).
O presently P P P P ( PP ).
debarment,declared ineligible,or voluntarily excluded from
participating in covered transactions by any Federal e.The prospective lower tier participant agrees by
department or agency; submitting this proposal that,should the proposed covered
transaction be entered into,it shall not knowingly enter into
(2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is
proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily
against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction, unless
connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this
a public(Federal,State or local)transaction or contract under transaction originated. W
a public transaction;violation of Federal or State antitrust
statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by
bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled
statements,or receiving stolen property; "Certification Regarding Debarment,Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
(3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and
civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding
local)with commission of any of the offenses enumerated in the$25,000 threshold.
paragraph(a)(2)of this certification;and
g.A participant in a covered transaction may rely upon a
(4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered
CD
application/proposal had one or more public transactions transaction that is not debarred,suspended, ineligible,or
(Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it CL
knows that the certification is erroneous.A participant is
b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended,
any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered
participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as
the eligibility of any lower tier prospective participants,each
2.Instructions for Certification-Lower Tier Participants: participant may, but is not required to,check the Excluded
Parties List System website(nth.;(:,^^r ^.epL, q+)V),which is j
(Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration.
lower tier transactions requiring prior FHWA approval or
estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to
1200) require establishment of a system of records in order to render
in good faith the certification required by this clause.The
a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to e
lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person LO
LO
in the ordinary course of business dealings. cy
b.The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction I. Except for transactions authorized under paragraph a of
was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction
lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a
certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily
Federal Government,the department, or agency with which excluded from participation in this transaction,in addition to
other remedies available to the Federal Government,the
10 Packet Pg.465
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department or agency with which this transaction originated _
may pursue available remedies, including suspension and/or
debarment.
CL
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 CL
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 E
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000(49 CFR 20).
1.The prospective participant certifies,by signing and
submitting this bid or proposal,to the best of his or her
knowledge and belief,that:
a.No Federal appropriated funds have been paid or will be U)
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 E
cooperative agreement.
b.If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or CL
attempting to influence an officer or employee of any Federal
agency,a Member of Congress,an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract,grant,loan,or
cooperative agreement,the undersigned shall complete and
submit Standard Form-LLL,"Disclosure Form to Report
Lobbying,"in accordance with its instructions.
2.This certification is a material representation of fact upon
which reliance was placed when this transaction was made or O
tJ
entered into. Submission of this certification is a prerequisite r
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
LO
certification shall be subject to a civil penalty of not less than uO
$10,000 and not more than$100,000 for each such failure.
3.The prospective participant also agrees by submitting its
bid or proposal that 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.
O
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ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1
PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work.
ROAD CONTRACTS W
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965. CL
1. During the performance of this contract,the contractor
undertaking to do work which is,or reasonably may be,done
as on-site work,shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated,or the subregion,or the
Appalachian counties of the State wherein the contract work is
situated,except:
a.To the extent that qualified persons regularly residing in
the area are not available. CL
b.For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to O
assure an efficient execution of the contract work.
c.For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph(1 c)shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph(4)below.
2.The contractor shall place a job order with the State
Employment Service indicating (a)the classifications of the
laborers,mechanics and other employees required to perform
the contract work, (b)the number of employees required in
each classification,(c)the date on which the participant
estimates such employees will be required, and(d)any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work,the
information submitted by the contractor in the original job order
is substantially modified,the participant shall promptly notify
the State Employment Service.
3.The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to cB
any job applicants who,in his opinion, are not qualified to CL
perform the classification of work required.
4. If,within one week following the placing of a job order by
the contractor with the State Employment Service,the State
Employment Service is unable to refer any qualified job CD
applicants to the contractor,or less than the number
requested,the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate,the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the r
certificate, notwithstanding the provisions of subparagraph(1c)
above. LO
LO
r9
5. The provisions of 23 CFR 633.207(e)allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
n3
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40E
LOCAL AGENCY PROGRAM AGREEMENTROGRAM MANAGEMENT
08115
Page 1 of 2
Exhibit 66 "
TITLE VI
CL
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:
0
(1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to
nondiscrimination in federally-assisted programs of the U.S. Department of Transportation W
(hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be
CD
amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein
CL
incorporated by reference and made a part of this contract.
(2.) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract,
shall 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 m
shall not participate either directly or indirectly 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.
( .) Solicitations for Sub-contractors, including Procurements of Materials and Equipment: In all m
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.
( .) 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 CL
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
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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,
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Federal Aviation Administration, or LO
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40E
ROGRAM MANAGEMENT
LOCAL AGENCY PROGRAM AGREEMENTOGC—08/15
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 CL
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
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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 Carrier Safety Administration may direct as a means of enforcing such provisions CL
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 Florida 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.
(7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of
1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on 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 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et 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.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and
Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of
1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights
Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by W
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 cts
Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit CL
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,
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national origin discrimination includes discrimination because of limited English proficiency(LEP). To LO
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ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have
meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX 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. 1681 et seq).
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40F
AGREEMENTLOCAL AGENCY PROGRAM PROGRAM MAO CE 0815
Page 1 of 1
EXHIBIT "F"
AGENCY RESOLUTION
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The agency Resolution authorizing entry into this Agreement is attached and incorporated into this CD
Agreement.
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RESOLUTION NO. U)
17 EXHIBIT F
COMMISSIONERSA RESOLUTION OF THE BOARD OF COUNTY
OF MONROE COUNTY, 0
FLORIDA, APPROVING LOCAL AGENCY
TRANSPORTATIONPROGRAM AGREEMENT BETWEEN STATE
OF FLORIDA DEPARTMENT OF
SCENICFOR FUNDING TO CONSTRUCT LOWER KEYS
X
BIG PINE SWIMMING ROLE
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the Board of County Commissioners of Monroe County, Florida, E
hereinafter the"COUNTY", hasjurisdiction over and maintains parks in the County,and
WHEREAS, the State of Florida, Department of Transportation, hereinafter the
" A T ', has agreed to have the COUNTY design and construct Lower Keys
Genic Viewing Area at Big Pine Swimming Hole, hereinafter referred to as the E
'PROJECT', the individual elements of which are outlined in the attached Exhibit " ",
'Scope of Services ,which is herein incorporated y reference;and
the DEPARTMENT has programmedfunding forte PROJECT
under Financial Project Number 435511-1, and has agreed to reimburse the COUNTYfor
eligible PROJECT costs up toa maximum limitingamount, as outlined in the attached
Exhibit"B", 'Method of Compensation',which is herein incorporated y reference;and X
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, the COUNTY has agreed to supervise and inspect all aspects o
PROJECT construction and administration; an
the parties hereto mutually recognize the need for entering into an
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Agreement desig atin and setting the responsibilities of each party;an
the parties are authorized to enter into this Agreement pursnt to
Section . (e)and 339.12,Florida Statutes (F.S.);
THEREFORE, BE IT RESOLVED the Board of County
Commissioners of Monroe County, Florida,that,
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SECTION1: Local Agency Program Agreement between the State ofFlorida,
Department of Transportation and Monroe County is hereby approved.
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SECTION2: Upon execution,this Resolution shall be marked as Exhibit" "and
made a part oft the Local Agency Program Agreement,
S11/510terseas I teritap Trait&Scenic tagliway Vistas
LAP Agreement �
May 17,20 t 7
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ADOPTEDPASSED AND y the Board of County Commissioners of Monroe —
County, Florida., at a regular meeting of said Board on the 17"'day of May, A.D.,2017.
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Mayor George Neu gent —
Mayor Pro Tern David Rice Yes
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Commissioner Danny L. Kolhage �Yes�
Commissioner Heather Carruthers Yea �
s� onil issiorler Sylvia J. Murphy Yes E
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BOARD OF COUNTY COMMISSIONERS
�* J12I WI MAD OK,OK, Clerk OF MONROFLORIDA
COUNTY,FLO ID
r ley
Deputy Clerk _ Mayor/ hair ersoll,
N E COUNTY ATTORNEYS OFFICE U)
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PATICE EABLES
A�
Ctf ASSISTANT UNTY ATTORNEY �
DATE:
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STATE OF FLORIDA
C) COUNTY OF MONROE
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This Copy Is siTrus Copy of the (0
Original an File In this Offios Wkneas
My hand end Waist
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And that same Is In if force and effect
This
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LAP Agreement
May 17,2017
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
PROGRAM MANAGEMENT
LOCALAGENCY V15
Page 1 of 1
EXHIBIT 1
FEDERAL FINANCIAL ASSISTANCE (SINGLEAUDIT ACT)
FEDERALCL
S C S AWARDED PURSUANT THIS E T ARE AS FOLLOWS:
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CFDA No.: 20.205
CFDA Title: Highway Planning and Construction
Federal-Aid Highway Program, Federal Lands Highway Program 0)
CFDA Program Site: https:lhy ;y cl`da.guvl
Award Amount: $900,000.00
Awarding Agency: Florida Department of Transportation CL
Award is for R&D: No
Indirect Cost Rate: N/A
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
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2 CFR Part 200—Uniform Administrative Requirements, Cost Principles &Audit Requirements for Federal Awards
OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations
f7at'!r 1 t1V 1/rtliv'1" t3 -'' ":.lt�1. 1t r :�.11xlrllC' �C7"lhi.'9 Sc,s1.�1 ' i 1� revis d ,200 Tj! G7
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OMB Circular A-133 Compliance Supplement 2014
I-q.o: wv4J _Milt liou _,pov?:ni�E )./circLI!afsla I.��;.CCr!'noli ncCC ,SL s _ I':s'c 14 20','
FEDERAL C S AWARDED PURSUANT TOT IS AGREEMENT MAY ALSO BE SUBJECT TO THE
FOLLOWING.
OMB Circular A-87 (Revised), Cost Principles for State, Local and Indian Tribal Governments
h[t0:/1'a'y`IANV l(hitah Ll 7�7vrt:tYi7�),''Cli�!md��: a08 2(),41 ¢
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OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments
Title 23—Highways, United States Code CL
t1ffG?�lu a i 3.,i�lf)1. ' CI!,}11i;I; t'J 11 r �131"1?cvtl 1 .'��+Y�{,=;i j i_ctLl4_ ?' li?ll
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Title 49—Transportation, United States Code
htt'itu c7c�a,h0u;Se_aov/brcofse!o re!inir�titl�IJ� clii?un-�relirr7
Map-21 —Moving Ahead for Progress in the 215f Century, Public Law 112-141
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Federal Highway Administration—Florida Division
Ilttu;/rwTi1w.fhvya� dot_govLfloi.L/ r
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Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS)
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6/13/2017 Florida Department of Transportation C
Federal Authorization Management =
System _
Notice of Approved
Authorization
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From Federal highway Administration
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to Participate in Project Costs Incurred CD
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After the Effective Date of
Authorization Noted Below
Federal Aid Project Number: D617 046 B State Project Number:435511 158 01 °i
This Notice of Approved Authorization is issued with the stipulation that the Florida Department of Transportation agrees
to comply with the appicable terms and conditions set forth in(1)Title 23,U.S. Code, Highways, (2)The regulations
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issued pursuant thereto and(3)the policies and procedures promulgated by the Federal Highway Administration relative
to the above designates project. The Florida Department of Transportation also agrees to comply with the applicable
provisions set forth in CFR Part 630, Subpart C.
Project Location:MONROE COUNTY LOWER KEYS SCENIC HIGHWAY VIEWING
AREA;WAYSIDE PARK;CONSTRUCTION;LAP
Classification of phase of work Effective Date
to be under agreement of authorization
Highway planning&Research
Preliminary Engineering m
Right-of-Way
Construction
Other 6/13/2017 U)
Federal Funds
Urban/ Federal Under Advanced
Dist.Appr. FAIN With Total Cost Share AgreementConstruction
06 Z24012D617046Z240 3,000.00100.0% 3,000.00 0.00
06 Z30012D617046Z300 930,014.00100.0% 900,000.00 0.00 m
Department of Transportation
Available funds certified by: ANA ALVAREZ Date:6/8/2017
Approval recommended by: CARSHERAH COLLINS Date:6/9/2017
Approved and Authorized by: SEAN MCAULIFFE Date:6/9/2017 co
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Federal Highway Administration
Approval Recommended by: Belinda Heys Date:6/13/2017
Approved and Authorized by: Belinda Heys Date:6/13/2017
Agreement Approved by: Dysha Castillo Date:6/13/2017
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State remarks:
INITIAL AUTHORIZATION FOR THE JUNE 217 LAP AGREEMENT,
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CONSTRUCTION AND CI PROJECT.INDIRECT /A. LO
Division remarks:
This Notice of Authorization is not the official FHWA Approved project Agreement for the project designated above.The
official Project Agreement must be printed from FHWA's Fiscal Management Information System(FM1S). The District
Federal Aid Coordinator may obtain the Project Agreement at: littps://fhwaai)t)s.fliwa.dot.gov/
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To: iomara. unezdot.state. .us
FLORIDA DEPARTMENT OF TRANSPORTATION �
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FUNDS APPROVAL
6115/ 017
CONTRACT INFORMATION
Contract: GON68
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Contract Type, GD-GRANT DISBURSEMENT(GRANT)
Method of Procurement:: G-GOVERMENTAL AGENCY(287.057,F.S.)
Vendor Name: MONROE COUNTY BOCC
Vendor ID: F596000749114
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Beginning Date of This Agreement: 06/14/2017
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Ending Date of This Agreement: 09/30/2018
Contract Total! udgetary Ceiling:; ct=$900,000.00
Description: LAP-MONROE COUNTY LOWER KEYS SCENIC HIGHWAY VIEWING AREA
FUNDS APPROVAL INFORMATION
FUNDS APPROVEDIREVIEWED FOR I IT VE,CPA,COMPTROLLER ON 611512017
Action Original Original
Reviewed or Approved APPROVED APPROVED
Organization Code. 55064010612 55064010612
Expansion Option. A8 A6
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Object Code: 780000 780000
Amount; $850,000.00 $50,000.00
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Financial Project: 43551115801 43551116801
Work Activity(FCT): 215 215 0)
CFDA 20.205 20.205
Fiscal Year; r5l
2017CIL
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Budget Entity: 200 55150200
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Category/Category Year: 7/17 088718/17Amendment ID: 0001 CD
Sequence. 00 01
User Assigned ID:
Enc Line(6s)/Status. 0001/04 0002/04 C
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TotalAmount: $900,000.00 u.
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