Item C32BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 21,
2009
Division:
Public Works
Bulk Item: Yes X
No _
Department:
Engineering Services
Staff Contact Person/Phone #:_Judith Clarke 295-4329
AGENDA ITEM WORDING:
Approval to waive irregularities and execute a Contract with Charley Toppino and Sons, Inc. for the
Palm Dr. (Baypoint) Bridge Repair project located in Saddlebunch Keys.
ITEM BACKGROUND:
On September 10, 2009, Monroe County received 8 bids for this project. Charley Toppino and Sons,
Inc. was the lowest bidder with a bid price of $130,543.50.
The project is funded with Federal Transportation Stimulus money and administered through the
Florida Department of Transportation (FDOT) Local Agency Program (LAP).
PREVIOUS RELEVANT BOCC ACTION:
At the April 2009 meeting, the BOCC approved executing the LAP Agreement with FDOT to provide
funding for this project. At the August 2009 meeting the BOCC approved Resolution No. 241-2009
indicating strong support for bridge repair and rehabilitation projects.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval of the Contract as mentioned above.
TOTAL COST: $ 130,543.50 INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: Local preference is not permitted in ARRA
funded projects.
COST TO COUNTY: -0- SOURCE OF FUNDS: ARRA Stimulus Grant
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing X Risk Management X
DOCUMENTATION:
DISPOSITION:
Revised 7/09
Included X Not Required.
AGENDA ITEM #
Monroe County Engineering Services
MEMORANDUM
To: Judith Clarke
CC:
From: Clark Briggs
Date: October 1, 2009
Re: Baypoint Bridge Repair Project Contract
Attached are the bid results for the Palm Drive (Baypoint) Bridge Repair Project. I
recommend Charley Toppino and Sons, Inc., for award of Contract at a price of
$130,543.50.
Please note that the Charley Toppino and Sons, Inc. bid contained the following
irregularities: Information required in Article 5.1 E of the Instructions to Bidders
including shareholder, employee and company information, past litigation
information and list of subcontractors, was not included in the bid documents. In
addition, Unit Prices for line items 7 and 8 were omitted from the Bid Form and only
a total price was provided for these items.
Charley Toppino and Sons, Inc. provided the information required in Article 5.1 E
upon request and provided written clarification of the unit prices.
The irregularities in the bid were not material in nature and do not affect the bid
results.
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Charley Toppino and Sons, Inc. Contract #
Effective: October 21, 2009
Expiration
Contract Purpose/Description: Date: March 1, 2010
Construction contract for repairs to the Baypoint Bridge Repair project funded with Federal
stimulus money and administered through FDOT Local Agency Program (LAP)
Contract Manager: Judy Clarke 4329
-- Engineering/# 1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on October 21, 2009 Agenda Deadline: October 6, 2009
CONTRACT COSTS
Total Dollar Value of Contract: $ 130,543.50 Current Year Portion: $ 130,543.50
Budgeted? Yes❑ No ❑ Account Codes: ! ZS ZZ5
Grant: $ $269,620
County Match: $
Estimated Ongoing Costs: $0/ ADDITIONAL COSTS
(Not included in dollar value above) yr For:
(e . maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Dat In Needed
Division Director C 101 yeS(D No(q
Risk Manag ent yes[] N.a
r'Jk.
O.M.B./Purc a!g q -550 -05 y
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
Date Out
101 / ,
0
Palm Drive Bridee Repair Proiect
Section 00500
Standard Form of Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the Twenty First day of October in the year of Two Thousand and Nine.
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners
1100 Simonton Street
Key West, Florida 33040
and the Contractor: Charley Toppino and Sons, Inc.
MM 8.5 U.S. Highway 1 Rockland Key, FL 33040
For the following Project: Palm Drive Ba
Saddle Bunch Keys,yMonroe)Coounty, Mori pair Project
FDOT FM# 421682-1
Scope: The Scope of Work shall include, but not be limited to, all work shown and listed in the Project
Drawings and Project Manual. The Contractor is required to provide a complete job as contemplated by
the drawings and specifications, which are a Dart of this bid mckaQe
Oversight for Owner is:
The Engineer is:
Monroe County Public Works Division
1100 Simonton Street
Second Floor — Room 2-216
Key West, Florida 33040
TKW Consulting Engineers, Inc.
5621 Banner Drive
Fort Myers, Florida 33912
The Owner and Contractor agree as set forth below.
Palm Drive Bridge Repair Proiect
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid
Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in
this Agreement and Modifications issued after execution of this Agreement. These form the Contract, and are as
fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, representations or
agreements, either written or oral.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically
indicated in the Contract Documents to be the responsibility of others, or as follows:
Scope of Work is as specified in the Project Manual for this project, Section 00300. The contract
constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Palm
Drive (Baypoint) Bridge Repair Project.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and
shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made
for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350, Milestone Schedule.
Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall
notify the Owner, through the Construction Manager, in writing not less than five days before commencing the
Work. The date of commencement shall be the date specified in the Notice to proceed, issued to the
Contractor.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than Sixty (60) Days after
the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document.
LIQUIDATED DAMAGES
Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved
extension in time as set forth by the Construction Manager's signature of approval on the Certificate of Substantial
Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages.
FIRST SECOND 31 sr DAY &
CONTRACT AMOUNT 15 DAY 15 DAYS THEREAFTER
Under 50,000.00 $50.00/DAY $100.00/DAY $250.00/DAY
$50,000.00-$99,999.00 100.00/DAY 200.00/DAY 750.00/DAY
$100,000.00-499,999.00 200.00/DAY 500.00/DAY 2,000.00/DAY
$500,000.0 and Up 500.00/DAY 1,000.00/DAY 3,500.00/DAY
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of
time on the Contract.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the
Contract, for the Palm Drive (Baypoint) Bridge Repair Project the sum of ONE HUNDRED THIRTY
THOUSAND FIVE HUNDRED FORTY THREE AND 50✓100 DOLLARS, ($130,543.50), subject to additions
and deductions as provided in the Contract Documents.
STANDARDf'0RM0FAGREEM0ffBElWEENOWNERANDCONMAfTrW r.rm
Palm Drive Bridee Repair Projec
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner: None
4.3 Unit prices, if any, are as follows: as specified in Bid Proposal (Section 00110-5) and amended as
follows: Bid Item No. 7 - Bridge Railing Replacement $275.29 / LF and Bid item No. 8 - Metal Guardrail Replacement $125.00 / LF
as stated in email dated 09/25/09 from TOPPKW@aol.com
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project
Applications and Certificates for Payment issued by the Owner, the Owner shall make progress payments on
account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.
5•2 The period covered by each Application for payment shall be one calendar month ending on the last day of
the month, or as follows:
5.3 County shall pay pursuant to the Florida Local Government Prompt Payment Act Chapter 218 Florida
Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in
accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the
various portions of the Work and be prepared in such form and supported
accuracy
the Owner may require. This schedule, unless objected to by the Owner, hall be used as a bass for reviewing by such data to substantiate the as
Contractor's Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as
end of the period covered by the Application for Payment of the
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum
allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent (10%).
Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be
included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner
for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as
confirmed by the Construction Manager. When both additions and credits covering related Work or
substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of
net increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in
advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of
Ten percent (10%):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under
the following circumstances:
E• • •' • • '• •' 1:
11,11
Palm Drive Bridge Repair Project
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to
Ninety percent (90%) of the Contract Sum, less such amounts as the Construction Manager recommends
and the Architect determines for incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General
Conditions.
5.8 Reduction or limitation of retainage, if any, shall be as follows: None
5.9 The County will withhold progress payments from the Contractor for failure to comply with the
requirements of 7-1.1.1 Compliance with American Recovery and Reinvestment Act of 2009
which is attached to this contract as Attachment A and the FDOT Local Agency Program (LAP)
requirements.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's
responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to
satisfy other requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate for
Payment has been issued by the Owner and 3) the contractor has met all provisions of the reporting requirements
under the American Recovery and Reinvestment Act of 2009; such final payment shall be made by the Owner not
more than 20 days after the issuance of the final Project Certificate for Payment.
ARTICLE '7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt
Payment Act 218.735.
7.3 Temporary facilities and services:
None for this project.
7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Board of County Commissioners.
7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this
Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may
result in debarment from County's competitive procurement activities.
In addition to the foregoing, Contractor further represents that there has been no determination, based on an
audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a
"public entity crime" and that it has not been formally charged with committing an act defined as a "public
entity crime" regardless of the amount of money involved or whether Contractor has been placed on the
convicted vendor list.
Contractor will promptly notify the County if it or any subcontractor is formally charged with an act
defined as a "public entity crime" or has been placed on the convicted vendor list.
A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
ONSW STANDARDFORMOFAGREEWDUBETWF44NOWNFR AmnrrMMAC-rrio
Palm Drive Bridge Repair Project
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 public entity, may not be awarded or perform work
as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
7.6 The following items are part of this contract:
a) Maintenance of Records Contractor shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and
timely access to such records of each other party to this Agreement for public records purposes during the term of
the Agreement and for five years following the termination of this Agreement. If an auditor employed by the
County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to
Sec. 55.03; FS, running from the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by
and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed
entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or
before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to
arbitration.
c) Severability: If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and
shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
d) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation
of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award
against the non -prevailing party, and shall include attorney's fees and courts costs in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County.
e) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement shall bind
and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and
assigns.
f) Authority: Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and corporate action, as required
by law.
g) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided
that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to
submission.
h) Nondiscrimination: County and Contractor agree that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to:
1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
Palm Drive Bridge Repair Project
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act
of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse
Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public
Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et
seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination
on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the
basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; t 1) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
i) Covenant of No Interest: County and Contractor covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under
this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement.
j) Code of Ethics: County agrees that officers and employees of the County recognize and will be
required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
k) No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
1) Public Access: The County and Contractor shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with
this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Contractor.
m) Non -Waiver of Immunity: Notwithstanding the provisions of See. 768.28, Florida Statutes, the
participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be
required to contain any provision for waiver.
n) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from
laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits of the County shall apply to
the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
o) Legal Obligations and Responsibilities: Non -Delegation of Constitutional or Statutory Duties,
This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation
or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by
any participating entity, in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of
Palm Drive Bridge Repair Project
the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state
statute, and case law.
p) Non -Reliance by Non -Parties: No person or entity shall be entitled to rely upon the terms, or
any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of
any service or program contemplated hereunder, and the County and the Contractor agree that neither the County
nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
q) Attestations: Contractor agrees to execute such documents as the County may reasonably require,
to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement.
r) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual
capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement
or be subject to any personal liability or accountability by reason of the execution of this Agreement.
s) Execution in Counterparts: This Agreement may be executed in any number of counterparts,
each of which shall be regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such counterpart.
t) Section Headings: Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will
not be used in the interpretation of any provision of this Agreement.
Project. u) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this
V) Hold Harmless: The Contractor covenants and agrees to indemnify and hold harmless Monroe
County Board of County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and other losses, damages, and
expenses (including allomey's fees) which arise out of, in connection with, or by reason of services provided by the
Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents.
In the event the completion of the project (including the work of others) is delayed or suspended as a result of the
Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from
any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
w) Adjunction of Disputes or Disagreements: The Owner and Contractor agree that all disputes
and disagreement shall be attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or
issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph
X concerning cancellation.
x) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of
installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement
after five days written notification to the Contractor.
y) Cooperation: In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to
ow5m STANDARDF )RMOFAGRIEIQN'BEIWEENOWNERAND
CONiRAcroR (,evoi) 005(J0-7
Palm Drive Bridge Repair Project
participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or provision of the services under this Agreement. County and
Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong
to the County and may be reproduced and copied without acknowledgement or permission of the
Contractor.
7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this
agreement, except in writing and with the prior written approval of the Board of County Commissioners for
Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem
necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any
assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and
legal representatives to the other and to the successors, assigns and legal representatives of such other
party.
7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, contractual or
otherwise, with or any rights in favor of, any third party.
7.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation: The Contractor agrees to comply
with the provisions of FDOT's Disadvantaged Business Enterprise Program as outlined in the Certification
contained in Section 00110 Bid Proposal. The Contractor will complete and execute FDOT form 275-
030-11B, DBE Affirmative Action Plan, which is included as Attachment B to this Agreement.
7.11 FHWA Form 1273: Form 1273 is attached hereto as Attachment C and made a part of this contract. The
Contractor will adhere to all provisions in FHWA Form 1273.
Section V. Statements and Payroll on Page 5 of FHWA Form 1273 Is amended as follows:
The statement, "except for projects located on roadways classified as local roads or rural collectors, which
are exempt", is deleted.
2. Payrolls and Payroll Records Part d (1) is revised to read: that the payroll for the payroll period contains
the information required to be maintained under paragraph 2b of this Section V, with the exception of the
employees' social security number and address, which should not be included on payrolls submitted,
and that such information is correct and complete;
Payroll statements shall include an individually identifying number for each employee
7.12 Buy America: The Contractor agrees that it will comply with the requirements of 49 U.S.0 Section 5323
0) (1). Section 165 (a) of the Surface Transportation Assistance Act of 1982, as amended, but it may qualify
for an exception to the requirements pursuant to Section 165 (b) (2) or (b) (4) of the Surface Transportation
Assistance Act of 1982 and regulation in 49 CFR 661.7.
7.13 Foreign Contractor and Supplier Restriction: The Contractor shall not knowingly enter into any
subcontract under this contract:
(1) With a subcontractor of a foreign country included on the list of countries that discriminate against
U.S. firms published by the United States Trade Representative (USTR) or
(2) For the supply of any product for use on the Federal Public Works project under this contract that is
produced or manufactured in a foreign country included on the list of countries that discriminate against
U.S. firms published by USTR (Includes "Buy American" provisions).
7.14 Public Agency Subcontracting to Private Sector Entity Contract Provision: in accordance with the
provisions of 23 CFR 635.112(e), No public agency shall be permitted to bid in competition or to enter into
subcontracts with private contractors. A breach of any of the stipulations 23 CFR 635.112(e) shall be
sufficient grounds for termination of the Contract.
CK5M STANDARDf;ORMOFAGREEMENrBEIWEENOWNI~R ANDCYWrVACWW �—,ral
Palm Drive Bridge Repair Proiec
7.15 Contractor Purchased Equipment for Local Ownership: in accordance with the provisions of 23 CFR
140 and 49 CFR Section 18.3 the Contractor will not purchase equipment for County ownership.
7.16 Equipment Rental Rates: in accordance with 23 CFR 635.120 and 48 CFR 31 the County will pay
standard equipment rental rates for the local area where the Work is being conducted for rented equipment,
as needed during the project.
7.17 Local Hiring Preference: the County will not include a Local Hiring Preference for this contract.
7.18 Publicly Owned Equipment: in accordance with the provisions of 23 CFR 635.106 publicly owned
equipment will not be allowed to compete with privately owned equipment under this agreement.
7.19 State Preference: No requirement will be imposed:
(a) To require the use of or provide a price differential in favor of articles or materials produced within the
State, or otherwise to prohibit, restrict or discriminate against the use of articles or materials shipped from
or prepared, made or produced in any State, territory or possession of the United States; or
(b) To prohibit, restrict or otherwise discriminate against the use of articles or materials of foreign origin to
any greater extent than is permissible under policies of the Department of Transportation as evidenced by
requirements and procedures prescribed by the FHWA Administrator to carry out such policies.
7.20 American Recovery and Reinvestment Act of 2009: Special provision SP00701 l !ES is attached hereto
as Attachment A and made a part of this contract. The Contractor will adhere to all provisions of the
Special Provision.
7.21 Salvage Credits: The Contractor will not receive credits for salvageable materials.
7.22 Equal Employment Opportunity (EEO) Requirements: the Contractor will adhere to the DOT EEO
requirements in accordance with Executive Order 11246 and as outlined in the Equal Employment
Opportunity Certification in Specification Section 00110. Prior to the start of construction the Contractor
will complete FDOT Form 275-021-13 Notification to FDOT of EEO OMcer and Form 275-021-05,
Record of Supervisory and Office Personnel EEO Meeting or Individual Orientation, which are
included as Attachment D to this Agreement.
7.23 Davis -Bacon Act: In accordance with the Davis -Bacon Act, the Contractor and their subcontractors shall
pay workers employed directly upon the site of the work no less than the locally prevailing wages and
fringe benefits paid on projects of a similar character. The current prevailing wage rates can be found at:
www., —es..eov gov/davisbacon/fl html under Monroe County. Wage Rate Decision FL-35 applies to
this project.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General
Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
A TI L 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
%MW STANDARD FORMOFAGR allNrMWE MOWN Rt CONiRACI10R (tevOg) OM-0
Palm Drive Bridge Repair Proiect
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
August 2009 and are as follows:
Document Title pages
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as
follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown
below:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.6 The Addenda, if any, are as follows: Addenda #1 issued August 20, 2009
Addenda #2 issued September 2, 2009
Addenda #3 issued September 3, 2009
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County Bid
Form and all Certifications and Forms contained in Section 00110.
This Agreement is entered into as of the day and year first written above and is executed in at least four original
copies of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use
in the administration of the Contract, and the remainder to the Owner.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By
Deputy Clerk Mayor
Date
(QJEAL) CONTRACTOR
Attest:
1
�r
Title: Title: '
END OF SECTION00500 '110M90E , ti'
AP 0VPO A'� '' F0RPA:
A,. 'P1,11 &bL-
.
CHRISTINE iAS !Yv'8F� "- �
ASSISTAI�T � t1N"iY „'" f�:� PJ _Y
0905W STANDARDFORMOFACREEMEWBEIWEENOWNMAN1)[YIIVTRACM-0 t.-.,M rrwn in
ATTACHMENT A
LAWS TO BE OBSERVED.
(REV 3-31-09) (3-09)
ARTICLE 7-1 (Pages 60 and 61) is expanded by the following.
7-1.1.1 Compliance with American Recovery and Reinvestment Act of 2009:
This project is subject to the criteria and conditions of the American Recovery and Reinvestment
Act (ARRA) of 2009. Satisfy the federal reporting requirements for the project(s), such as the
monthly employment report, for both the contractor and subcontractors. Provide the required
information on form(s) provided by the Department in the timeframe indicated in the
instructions. Include these reporting requirements in all subcontracts.
7-1.1.1.1 Authority of the Comptroller General:
Section 902 of the ARRA of 2009 provides the U.S. Comptroller
General and his representatives the authority:
(1) to examine any records of the Contractor or any of its
subcontractors, or any State or Local agency administering such contract, that directly pertain to,
and involve transactions relating to, the contract or subcontract; and
(2) to interview any officer or employee of the Contractor
or any of its subcontractors, or of any State or Local government agency administering the
Contract, regarding such transactions.
Accordingly, the Comptroller General and his representatives shall
have the authority and rights as provided under Section 902 of the ARRA with respect to this
Contract, which is funded with funds made available under the ARRA. Section 902 further states
that nothing in this Section shall be interpreted to limit or restrict in any way any existing
authority of the Comptroller General.
7-1.1.1.2 Authority of the Inspector General:
Section 1515(a) of the ARRA provides authority for any
representatives of the Inspector General to examine any records or interview any employee or
officers working on this Contract. The Contractor is advised that representatives of the Inspector
General have the authority to examine any record and interview any employee or officer of the
Contractor, its subcontractors or other firms working on this Contract. Section 1515(b) further
provides that nothing in this Section shall be interpreted to limit or restrict in any way any
existing authority of an Inspector General.
ATTACHMENT B
275-030-1to
EQUAL OPPORTUNITY OFFICE
02106
Page 1 of 3
DBE AFFIRMATIVE ACTION PLAN
POLICY STATEMENT
CHARLEY TOPPING & SONS, INC.
It is the policy of that disadvantaged businesses,
as defined by 49 CFR Part 26, Subpart D and implemented under Rule Chapter 14-78, F.A.C., shall have the
opportunity to participate as subcontractors and suppliers on all contracts awarded by the Florida Department of
Transportation.
The requirements of Rule Chapter 14-78, F.A.C., shall apply to all contracts entered into between the Florida
Department of Transportation and
Subcontractors and/or suppliers to
will also be bound by the requirements of Rule Chapter 14-78 F.A.C.
CHARLEY TOPPING & SONS, INC. , and it's subcontractors shall
take all necessary and reasonable steps in accordance with Chapter 14-78, F.A.C., to ensure that disadvantaged
businesses have the opportunity to compete and perform work contracted with the Florida Department of Transportation.
CHARLEY TOPPING & SONS, INC.
, and its subcontractors shall not
discriminate on the basis of race, color, religion, national origin, disability, sex, or age in the administration of contracts
with the Department of Transportation.
CHARLEY TOPPINO & SONS, INC. , has designated and appointed
a Liaison Officer to develop, maintain, and monitor the DBE Affirmative Action Plan implementation. The Liaison
Officer will be responsible for disseminating this policy statement throughout CHARLEY MPPINA 2 Sf1Nt, INP
and to disadvantaged controlled businesses. The statement is posted on notice boards of the Company.
President
X
118
EQUAL OPPORTUNITY OFFICE
02108
Page 2 0/ 9
DESIGNATION OF LIAISON OFFICER
CNAn,.rY lur'ruto , 0
disadvantaged businesses as subcontractors and suppliers for all contracts with the 'I
Florida Department aggressively
Transportation.
The Company has appointed a Liaison Officer to develop and maintain this Affirmative Action Plan in accordance with the
requirements of Rule Chapter 14-78, F.A.C.
The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the Company's
utilization of disadvantaged subcontractors in addition to the following specific duties:
(1) The Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all
Florida Department of Transportation contracts;
(2) The Liaison Officer will submit all records, reports, and documents required by the Florida Department of
Transportation, and shall maintain such records for a period of not less than three years, or as directed by
any specific contractual requirements of the Florida Department of Transportation.
owing
ual has been
ted Liaison
affirmativeh ctiolnn program Indaccordance with thearequ requirements of the Florida Departmentr with bfor Implementing o the Company's
Transportation.
(Liaison Officer's Name)
(Your Company's Name) CHARLEY TOPPINt) &SONS, INC.
(Your Company's Address) _
(Phone Number for Liaison Officer) • B-0X 7Q 7 fit{, ��s ►-71i 3 �� 41
(Enter FEIN or Tax Id Number) 0 .i a Q �-
II. AFFIRMATIVE ACTION METHODS :i-f v 3 V�.
In order to formulate a realistic Affirmative Action Plan, CHARLEY TOPPING & SONS, INC.
has Identified the following known barriers to participation by disadvantaged subcontractors, before describing its
proposed affirmative action methods:
1. Lack of qualified disadvantaged subcontractors In our specific geographical areas of work;
2. Lack of certified disadvantaged subcontractors who seek to perform Florida Department of Transportation
work;
3. Lack of Interest in performing on Florida Department of Transportation contracts;
4. Lack of response when requested to bid;
5. Limited knowledge of Florida Department of Transportation plans and specifications to prepare a
responsible bid.
In view of the barrierSUt•bnes stated above, it shall be the policy of
to provide optunity by utilizing th
affirmative action methods to ensure participation on the contracts with the Florida Depart ent of Transportationfollowing
will:
1. Provide written notice to all certified DBE subcontractors in the geographical area where the work is to be
subcontracted by the Company;
2. Advertise in minority focused media concerning subcontract opportunities with the Company;
3. Select portions of work to be performed by DBEs in order to increase the likelihood of meeting contract
goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate
DBE participation);
275-030-118
EQUAL OPPORTUNITY OFFICE
02108
Page 3 o/ 3
4. Provide adequate information about the plans, specifications, and requirements of the contract, not
rejecting subcontractors without sound reasons based on a thorough investigation of their capabilities;
5. Waive requirements of performance bonds where it Is practical to do so;
6. Attend pre -bid meetings held by the Florida Department of Transportation to apprise disadvantaged
subcontractors of opportunities with the Company;
7. Follow up on initial solicitations of interest to DBE subcontractors to determine with certainty whether the
DBE company is interested in the subcontract opportunity.
CHARLEY TOPPING & SONS, INC. understands that this list of affirmative
action methods Is not exhaustive and will include additional approaches after having established familiarity with the
disadvantaged subcontracting community and/or determined the stated approaches to be ineffective.
III. IMPLEMENTATION
CHARLEY TOrVINO & SJNS, INC.
On contracts with specific DBE goals,
will make every effort to meet contract goals as stated by utilizing its affirmative action methods. On projects with no
specific goals, the Company will, as an expression of good faith, seek to utilize DBE subcontractors where work is to be
subcontracted.
IV. REPORTING
CHARLEY TOPPIN9 &SONS, INC.
shall keep and maintain such records as
are necessary to determine the Company's compliance with its DBE Affirmative Action Plan.
The Company will design its record keeping system to indicate:
1. The number of DBE subcontractors and suppliers used by the Company, Identifying the items of work,
materials and services provided;
2. The efforts and progress being made in obtaining DBE subcontractors through local and community sources;
3. Documentation of all contracts, to include correspondence, telephone calls, newspaper advertisements, etc.,
to obtain DBE participation on all Florida Department of Transportation projects;
4. The Company shall comply with Florida Department of Transportation's requirements regarding
payments to subcontractors Including DBEs for each month (estimate period) In which the
companies have worked.
V. DBE DIRECTORY
CHARLEY TOPPING & SONS, INC.
will utilize the DBE Directory published
by the Florida Department of Transportation.
The Company will distribute Form Number 275-030-01, Schedule A Certification Form Number 1, to potential
DBE contractors and assist In their completion.
ATTACHMENT C
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
Pa91
1.
General ...................................
If.
Nondiscrimination ............................. 1
Ill.
Facilities ........................ 3
IV *yment
PNonsegregated
of Predetermined Minimum Wage ......... 3
V.
Statements and Payrolls .. ............ 5
VI.
Record of Materials, Supplies, and Labor ........... 5
VII.
Vill.
Sublettirhg or Ass igning the Contract ............... 5
Safecident
X
IX.
X.
ly: Preventlon ................... 6
False Statements Conceminp Highway Projects ...... 6
Implementation
of Clean Air Act and Federal
Water Pollution Control Act ............. .. , .. 6
XI.
Certification R Debarment, Suspension,
Ineligibility, Regarding
e ofCoExclusion .. Fund ... .
CIne liiNgiiccaa ..... 6 XJI. Lobbying n Regarding Use of Contract ......6....... e
ATTACHMENTS
A. Employment Preference for Appalachian Contracts
(included in Appalachian contracts only)
1. GENERAL
1. These contract provisions shag apply to all work performed on
the contract by the contracto's own organization and with the
assistance of workers under the contractor's immediate rfnten-
dence and to all work performed on the contract by piecework, station
work, or by subcontract
2. Except as otherwise provided for in each section, the contractor
shag insert In each subcontract all of the stipulations contained in
these Required Contract Provisions. and further require their
induafon in any lover tier subcontract or purchase order that may In
turn be made. The Required Contract Provisions shall not be
Incorporated by reference In any case. The prime contractor shall be
responsible
f r compliance by any subconUackw or lower tier Required Contract Provisions.
3. A breech of any of the stipulations contained In these Required
Contract Provisions shah be suf icierd grounds for termination of the
contracL
4. A broach of the knowing clauses of the Required Contract
Provisions may also be grounds for debarment as provided In 29
CFR 5.12:
Section I, paragraph 2;
Section p"raphSection V, paragraphs sI and 2a 'and through
2g•
5. Disputes adkout of time labor standards provisions of Section
IV (e
xcept cept paragraph 5) and Section V of these Required Contract
Provisions shelf not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the
procedures of the U.S. Department of Labor (DOL) as set forth In 29
CFR 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and the
contracting agency, the DOL, or the contractor's employees or their
representatives.
8. Selection of Labor: During the performance of this contract
the contractor shag not
a. discriminate against labor from any other State, possession,
or tenifory of the United States (except for employment preference for
Alp ian contracts, when applicable, as specified in Attachment
or
)) b, employ convict labor for any purpose within the limits of the
project unless it is labor performed by convicts who are on parole,
supervised release, or probation.
N. NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
1. EratEmployment Opportunity.- Equalempioppofiu-
nity (EEO) requirements not to discriminate and f'Vent
e affirmative
action to assure al opportunity as set forth under laws, executive
orders, rules, regeutions (28 CFR 35,29 CFR 1630 and 41 CFR 60)
and orders of the Secretary of Labor as modified by the provisions
prescribed herein and Imposed pursuant to 23 U.S.C. 140 shah
constitute the EEb and specific affirmative action standards for the
nitycenCores Contract under this contract. The Equal Opportu-
4. and the pecifications set forth under 41 CFR W
U.S.C. tthe provisions of the American Disabilities Act of 1990 (42
�t .) set forth under 28 CFR 35 and 29 CFR 1630
are inoorpons y reference to this contract In the execution of this
contract the cortreetor agrees to comply with the following minimum
specific recrumment activities of EEO:
s. The contracts will work with the State we agency
(SHA) and the Federal Government In carryft out E O abons
and in their review of hWW activities under 6o contract.
b. The contractor will accept as his operating policy the
following statement
"It Is the potty of this Company to assure that applicants are
employed, and that employees am treated during employment,
without regard to their ram, religion sex, color, national origin,
age or disab lity. Such action shelf include: employmant,
uPgnkft, demotion, or transfer, recruitrment or recrugment
advertising; layoff or termination; rates of pay or other forme of
compensation; and selection for train including apprentic♦
ship, proapprerMkeship, and/or on -ohs b training.,
2. EEO Officer: The contractor will designate and make known
to the SHA contracting often an EEO ONlcer who wig have tit
responsW tyforandmustbecapableofeffectivelyadministeringand
PrOassigned adequate euW*,* and an active contractor responsibility ib EEO and who must be
esPonsibility to do so.
3. Dissemination of Polley: AN members of the contracts staff
who we authorized to him, supervise, promote, and disco
employees, or who recommend such action, or who are substantia
involved in such action, will be made fully cognizant of, and
Implement, the contractor's EEO poky and contractual responsibiM.
ties;
o ; to proure icehat EEOtheaIn b � gagre andement lassification of employment. will be taken as a mtrmlmurni. ^ following actions
Pwkxflc meetings Of
ffice
�s con before the tl a SW work personnelrviwXy and then not
less Um once every six months, at which time the contractor's
EEO policy and its Implementation will be reviewed and explained.
The meetings wig be conducted by the EEO Officer.
b. AN new supervisory or personnel office ern will be
given a thorough Indoctrination by the EEO Officer. eov all major
aspects of the contractor's EEO obligations within thirty days
following their reporting for duty with the contractor.
c. AN personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minority group employees.
wig b dpl� in areas reaarid dily setting
t forth the contractors EEO octal
empbyment and potential employees. employe", applicants for
e. The contractors EEO policy and the procedures Inple-
nt mesuch policy will be brought b the attentioeb employe" by
means of meetings employee handbooks, or other appropriate
means.
4. Reeruitinent: When advertising for employees, the contractor
will kxkude in all advertisements for employees the notation: "An
Equal Opportunity Employer.' All such advertisements will be placed
Form FHWA-1273 (Rev. 3-94) Paps r
in publications having a large circulation amongminority groups in the
area from which the project work force would normally be derived.
a. The contracts wig. unless precluded by a valid bargaining
and anent, conduct systematk and direct recruitment through bold private employee referral sources likely to yield qualified
group applicants. To meet this requirement, the contra identify sources of potential minority group employe", and establish
with such Identified sources procedures whereby minority
applicants maybe referred to the contractor t cors�
racider-
b. In
tractor will
actions In deepMhto dd er mina whether thlly review ere is evkde Selected
di�rkmonna.
lion. Where evidence Is found, the contracbr wool p
take
correcdvs action. If the review Indicates that the de 9 � may
Include aNN a persons. Oxt*nd beyond the actions reviewed. such correcdvs action shall
d. The contractor will promptly investi1gpate all complaints of
aKeged discrimination made b lino contractrTn connection with his
obligations under this contract, will attempt to resort suds con.
Plaints, an wig take approp�{ate oomecdve action within a reasonable
time. If the investlgadon (nctcaies that the discrimination may affectamens other than the complainant, elude coRadl,s action shah
the contrecbr will inform every of each Investigation,
of
appeal. oY of all d his avenues W
G. Training and promotion;
w reaaaing applicants (th s� Of
will assist In locating, omen emp �, and
employment
group and women
as b. Consistent with the contractors work force requirements an Permissible under Federal an State regulations, tins contractor
shall make full use of training programs, I.s., tkeship, on-thsjob training programs for tin and area M contract
PeaachaOccupation shall be In their first ear of apprencent of apprentices ticeship es
or
training in the event a special provision for training is provided undarr this contract, this subparagraph will be superseded as indicated in"
special provision.
c. The contractor wig advise employees an
mcar" for
� yment each. of available training programs and entr� require.
pronod. The Potential
will Pe►bdkaNy review the training an
encourage otenti minority group an women emploees and wiN
lion. employees to apply for such training and promo.
7. Union»: It the contractor relies in whole or in part upon unions
to a source of employees. the contractor wig use his/her best efforts
to obtain the cooperation of such unions t increase opportunities for
PaW 2
minority groups and women within the unions, and to effect referrals
by such unions of minority and femals employees. Actions by the
contractor either directly or through a contractors association acting
as agent wig Include the procedures set forth below:
a. The contractor will use best efforts to develop, In 000pera.tmora ion with the unions. joint traininand g programs aimed toward qualifyingunionandO* group embers of m women for membership in the
women so that they may qualify for higherpaying group employees and
employment.
b. The contractor WIN use best efforts to incorporate an EEO
clause Info each union agreement to the and that such union will be
cOntra l lly bound to reffeerr applicants without regard to their race
color,
ogler, sox, national origin. age or dlsabigly.
c. The contractr is to obtain Information as to the referral
Practices and polices of the labor union except That to the extent
such Information is within the exclusive ,soon and such labor union refuses t furni such information t the
forth what of the labor union
contractor,
have beethe CMb*CtDI n meal to `' Obtain ft SHA and shah set
such Information.
d• with a resslo the event the union is unable b provide Its
onable flow of minority an women referrals within Z y tirnlf sot forth In clue collective bargaining ag ant tins veined,
wig, through independent recruitment oag(�
employment
a regard b race, color, religion, sea, naHoruNand/
quegfiabe m�y group Persons an wfull Oftft omen. The DOed or
that N shall bs no excuse drat the union with ( DOL held
which the has
Practiceleter = employees-) In tiding for or the Union
�eferral
ends the contractor from meeting the
Obilgiallone
P. Pursua nsnt 'a ExeeuchctivetraOrder
11246,mas amended and these psecial
ctor she# imediately redly the SHA.
8. Selection of Subc_ . _ . P►ocunmWd of Malarial, and
Losi�ng of Equhpr� The contractor shaN not discriminate on tin
in fins of race, color, sex, natlonel Orion, age or disability
merit of materials an ol�a induolnp Procurs-
suppliers hponot
a. The�cor►traher EdEoOr sin r> all poteMW ander oft u an
CFR 23, h►aw Insiness enterprises (DBE), as defined in 49
subcontracts which tha f unity to compete for and perform
contract. The oonbacto►wig use he bestt effortsefto recant to his
solicit bids from
and b utilize DBE subcontracbrs or subcontractors with meankgful
minority
Con group female representation among their employees.
Personnel. obtain HSU of DBE corsbucdcn tonnes from SHA
- The for co wiluse his best effort to ensure subconpao
EEO obloptbns.
as n a��� � cone she# keep such records
Such records $huol be relalnsd fpcgar>Ly with tins EEO requirement.
completion o/the contract w irk a of WOO year following
times an fa bs availableat reasonable
SHA an the FHWA.bytion by authorized representatives of the
a. The records kept by the contractor shelf document the
following:
members and women (number of minority an non-mnnorty gro
project up
employed In each wok classification on tf
(2) Thewith unions, when a and efforts being made in cooperation
for n*xxi"s and Women; • t increase employment opportunities
training, qua", (3and and efforts being made In locating, hiring.
an ))ni^g rninnorifyr and tense empty:
services f g Till Progress and effort being made in securing
minority an female representation ermg Oweir subcontractors with mean
Ong ttetr employees.
b. The contractors wig submit an annual report to the SHA
Form FHWA-1273 (Rev. 3.94)
each July for the duration of the project, indicating the number of
minority, women, and non -minority group employees currently
en aged in each work classification required by the contract work.
This unformation is to be reported on Form FHWA-1391. if on -the
atraining Is being required by special provision, the contractor will
required to cdbct and report training date.
III. NONSEGREGATED FACILITIES
related licable subcontracts $i ,000 or more.to construction contracts and to a
a. By subrnission of this bid, the execution of this contract or
subcontract, or the consummation of this material supply agreement
or purchase order, as appropriate, the bidder, Fedora aid conatruo
tion contractor, subcontractor, material supplier, or vendor, as
appropriate, certifies that the firm does not maintain or provide for its
employees any segregated facilities at any of its establishments, and
that the firm does not permit its employees to perform their services
at any location, under its control, where segregated facilities are
maintained. The firm agrees that a breach for this certification Is a
violation of the EEO provisions of this contract. The firm further
certifies that no employee will be denied access to adequate facilities
on the basis of sex or disability.
b. As used in this codification, the term 'segregated facNitia'
means any waiting rooms, work areas, restrooms and washrooms
restaurants and other eating areas. Umedocks, locker rooms, en
other storage or dressing areas, parking lots, drinking fountains,
recreation or enlertaiKrrent areas, transportation, and housl
facilities provided for employees which are segregated by a=
directive, or are, in fad, segregated on the basis of race, color,
religion, national origin age or disability, because of habit, local
custom, or otherwise. The only exception will be for the disabled
when the demands for accessibility override (o.g. disabled parking).
c. The contractor agrees that It has obtained or will obtain
Ides" certification from proposed subcontractors or mate"
suppliers prior to award of subcontracts or consummation of material
suppifr agreements of $10,000 or more and that it will retain such
certifications In its riles.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
b all Federal -aid cwskuctlon contracts exceeding
$2, and to all related subcoMracb, except fbr projects kx�ted on
roadways classMed as local roads or rural minor collectors, which are
arr"T Ill
a. AN mechanics and laborers employed or working upon the
site of Ill work will be paid unconditionally and not less often than
once a week and without subsequent deduction or rebate on any
account [except such payroll as are permitted by
regulations (29 CFR 3) Issued t tin Secretary of Labor under the
Copeland Ad (40 U.S.C. 27ticN 1M full amounts of wages and bons
We fringe benofib (or cash equivalents thereof) due at time of
payment The payment shall be computed at wage ran not less
than dwse owl lned In the wage determination of the Secretary of
Labor (herainaftw "the wage deta minadon') which Is attached hereto
and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor or its subcon-
tractors and such laborers and mechanics. The wage determination
(including any additional classifications and wage rates conformed
under Pa 2 of this Section IV and the DOL poster (WH-1321)
or Form FHW�I-1495) shag be posted at all tines by the contractor
and its subcontractors at the site of the wok in a prominent and
accessible, place where it can be easily seen by the workers. For the
purpose of this Section, contributions made or costs reasonably
anticipated for bons fide fringe benefits under Section 1(b)(2) of the
Davis -Bacon Ad (40 U.S.C. 227ea) on behhallof laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to
the provisions of Section IV, paragraph 3b, hared. Also, for Me
purpose of this Section, regular contributions made or costs incurred
for more than a weekly period (but not toss often than quarterly)
under plans, funds, or programs, which cover the particular wee
period, are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the
fore ft classification o pee and fringe benefitsAnormed, wit determination
tA regard to
skill, except as provided in paragraphs 4 and 5 of this Section IV.
b. Laborers or mechanics performing work In more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein, provided, that the
employyers payroll records accurately set forth the time spent in each
ciasslflcatlon In which work is performed.
c. All rulings and interpretations of the Davis -bacon Act and
related acts contained in 29 CFR 1, 3, and 5 are herein Incorporated
by reference in this contract.
2. Classification:
a. The SHA contracting officer shall require that any class of
laborers or mechanics employed under the contract, which Is not
listed In the wags determination, shag be classified in conformance
with the wage determination.
b. The contracting officer shag approve an additional sisi a-
lion, wage rate and Hinge benefits on when the following
have been met:
(1) the work to be performed by the additional c►assifica-
lion requested is not performed by a classification in the wags
determination;
(2) the additional classification Is utilized in the area by the
construction industry; the proposedwage
benefits, (bears a reasonable re do►sh to the raW wage bona conOde hinge
in the wage determination; and rates contained
(4) with reaped to helpers, when such a classificatlon
prevails in the area In which the work Is performed.
c. If the contractor or subcontractors, as appropriate the
laborers and moc hanks (it known) to be employed In the addi6al
classification or their representatives, and the contracting officer
agree on the classification and wags rate (Including the amount
designated for fringe benefits where a ats a report ofthetaken chant be sent by the con= of to the Da,
Admkdstratorof the wage and Hour Division. Employment standards
Admkdstradon, Washington, D.C. 20210. The Wage and Hour
Admin6trator, or an authorized representative, will
approve, modify.
or �M additional daaorctim Uin 30 �ecsiptso advise the contrsdoffiar will dy the oortrad
ing
officer within the 30dsy period that additlwW time Is necessary.
d. In the event the contractor or subcontractors, as�prop�.
ate, the laborers or mechanics to be employed in the aduiltlonat
classification or their representatives, and the contracting officer do
not agree on the proposedclassification and wage rate (Including the
amount fbebenefits, where appropriate), the
contractingshall refer 0» questions, including the views of all
Interested parties and Ill recommoridation of the contracting officer,
to the Wage and Hour Administrator Ito determination. Said
Administrator, or an authorized wig issue a determina-
tion within 30 days of receipt and contracting officer or
aaddditlonal time the contracting officer within the 304aY period that
e. The wage rate (inductiinhgg fringe benefits where approprfaq)
determined pursuant to pp agrapTi 2c or 2d of tins Sectlon IV shaN be
paid to all workers performing wok in the additional classification
from the fist day on which work Is performed in the classification.
3. Payment of Fringe BenoAb:
a. Whenever the minimum wage rate prescribed in the contract
for a cis" of laborers or mechanics includes a fringe benefit which
is not expressed as an hourly rate, the contractor or subcontractors,
as appropriate, shall alines pay the benefit as stated In the wage
determination or shah pay another bona fide Mega benefit or an
hourly case equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not
make payments to, a trustee or other third person, he/she may
consider as a part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona tide
fringe benefits under a plan or program, provided, that the Secretary
of Labor has found, upon the an request of the contractor, that
the applicable standards of the Davis -Bacon Act have been met. The
Secretary of Labor may require the contractor to set aside in a
separate account assets for the meeting of obligations under the plan
or program.
Form FHWA-1273 (Rev. 3-94) Pap 3
4. Apprentices and Trainees (Programs of the U.S. DOL) and
Helpers:
a. Apprentices:
,1) APP►entkes will be permitted to work at less than the
Predetermmed rate for the work Uth�eeyy perrormsd when they are
employed Pursuant to and indlvkivalfy registered rn a bone ryde
apprenticeship pproroggram regstered with the DOL, E in ayrent and
Training Adrrxnistratkxn, Bureau o/ Apprentk seats and TreHning, or
with a Sate approrn
person is em Ip oyed n hi first 9�daYs�P y the Bureau, or
ary arn�if a
Y-
individuai ment as an apprentice in such an apprenticeship program who
not
the Bureau OfreZto the
Program, tut who has been certifi18
ed by
rentkeehip and Train ip
menttaas an �rennttice. to be eligibb for probe aP�nemploy-
_(2) The allowable ratio of apprentkes to Joumeyman-level
gem than On a theJobsite to army raft dassrykation strap b l
force under the registerpermitted to the contractor as So the entire work
at an a entice Porn' 4nt' °mPlo#'8° listed on a payroll
wags rats. who Is not rag stared or otherwdss
emPio as sated above, shall be paid rat Isis than the
wage rate listed in the wags determination for the wok actrw�y performed In addition, any apprentice °f
on the job albs in excess of the raft permtted under the regtterb
Program shall be pall not less then the a'pNcabie
Contractor Mallon far the work actuaity Pe
reyy ls on i ban that in 3 rfomd
:nd
kkhh Ra
Pro9� ate) bedrecO =t"" bcbn stew.rsdn'i°�
observed. feC�ered
(3) Every approntks must be paid at not fees then
specified in the registered rem a the rate
Progress, expressed as a ppeercen Of" PPrsntice's level of
sate brate s� {ed In the apptkasNO wage de rmfna -level hourly
Paid hinge benelis in accordance with the prov
Apprsnljces
Islons Of the
apprenticeship��pro9ram. B the apprentceship Program does not
MMsa. apprentices must be paid the full amount of
daaeltkatlon If Me Adminlatrd on the we
t determination � a° a
determines that a di farernt W the Wagfor e and Hour
apprenticeeclassification, hinges shoe be pprovin a N" with that
oraState(4)IntheeventtheBureauof ellPandTr
aPPrentkeshlp agency reco9�tlne Bureau,
draws approval of an apprenticeship program, the B r eau, or
subcontractor ppl will le longer be psrrnitted to ut ze apprentices at less applicable Predatermkned rate for the comparebis work
aappr ed by regular employees argil an acceptable program is
b. Trannees:
Permitted 6(0t Exkce&Ptlj`a%Pd 1d In ss 29 CFR 5. is, trakswill not be
�
Performed unless Predetermined ned rate for the work
registered in a �Y wfth are °R1Pl0Y°d Pursuant to and Indfv(dt>aNy
by formal csrtiPAc�agpn has received priorapproval, evidenced
Administration. the DOL, EmPkYment and Training
(2) The ratio of trainees to joumeymaVelrha
the job site shall not be greater than employeeaon
ePProved the Empbyment and Traininngg AMd�rinfsbafgn q
e pbyree listed on the P at a trainee male whond pardZaln a Ir P plan approved by the Emnploot registered
Training tratlo I sh be Paid not less than tee appi and
wage rate on the wage determination for the cassill":mooIcable
work
actually performed. in addition, ��yy trainee perfonmhg work on the
job site eexdcno, less thaness of the ratio permitted under the registered
ram
determination for the work a the wage rate on Mrage
sP@d%d in (3) Every trainee must be paid at not less than the rate
the a approved program for his/her level Of progress,exPressed percentage of the
spedfied in the applicable w �TQyman-avd hourly rate
Paid flings benefits in accords determination. Trainees shah be
program. if the trainee accordance with the Provisions of the trainee
trainees shah be aid fit err► does not mention benefits,
wage determination unlessthe�a A�nno*ate of th W listed on the
Wage and Hour
Division determines that there Is an apprenticeship Program associ
ated with the comespon�ge ngjoumeyman-Isvei warate on the
determination which provides for less than full hinge bene
apprentices, in which case such trainees shall receive thefit
fringe beneMs as apprentices. safor
me
tion witted (4) In the eevvert the Employment and TrainingAdminisba-
subconUa waws ill no al of a trai►�ng program, tMcontractor or
than the a longer b° P�need to ufNze trainees at less
an applicable grog Predetermined rats for the work Pedbrmod until
acceptable program is approved.
c. Helpers:
Helpers will be Permitted to work on a PrOlect it the hftw
Q aWnorissAsd and defined on the appli_able w
set forth in ved pursuant to the conformance pror��
Simon .2. Any worker listed on a payrol at a helper
wage rate, who is not a helper under a approved ninon, shop be
Paid not ass than f the apof NO wage rate on the wage determina-
tion for the classification of work actually performed.
5. AWwdkes and Trainees (programs o f qN U.& DOT):
APt M**s and trainees appn
Tranfra�irig which have � cep rfi; by cam shlo an toy m
ecre
highway �m Proprmoo�tlnag EEO in connOf
ection with Feders"id
are of Paragraph 4 of thin & oral n IV. The atrai tknesubjed khoe squk its
for appren and trainees umdK each wweeppes
by the particular programs will be estabtiahed
iourneymen 7 na be ti►eater than a re a and trainees to
Particular program. Permitted by die terms of the
ti. WkhboldhV:
The SHA shag upon its own action or u of
pon wiftuld Z the eseracw o/ the DOL withhold, �or�caui�be
any other Federal or subcontractor under this crime conontractor
other Fedsrally.aselsted � l!ct Davth the same e -B prima �
w'8g° �b which a held by -0 same �p����or
much o/ accrued paymenq or advances me
considered
for saft
necessary ahB�e employed by the tractormecharocgk ° p ding apprentices.
failure to any anxxxt ���e"Ired tfscontract. qany �na a
trainee, or helper, smp1oyed
part o/the nq by or working on the a" Of the � � '
may, after=m notice to bite con COfIllact' the SHA ca►bactGng offlM
nnecsasary to cause the suspension of � take such action as may be
or guarantee of fund° anti such violations have PSYMOK cussed. advance•
7. Overtime Requirements:
No convaclor or
Contract
may �Sj em Part of its
trainees, ka, wakdnrsn or guards employment
of
requiand helpers described tin Paragraphs 4 and 3 above) shall
re r In w*any labor,elsho a te' W&�xnan. or guard in any
excess of 40 hours In such week don such work, lo work In
watchman,
or guard receives unless such
°borer, mechanic,
one -and -one-half tines his/her bask rateof nsation at for all a rate not leas than
in excess of 40 hours in such workweek Pay hours worked
S. Vlolatlon:
of Liability iolation of the wId W��' Liquidated Damages: In the event
contractor and douse set rorth In paragraph 7 above, the
to the affected „rg„ t ractol ns�seule there& shag be liable
�u npaid wa addhi m, such
tchontractor and s tractor shag be fable to the United Sates (im
Suchtwork dons under contract /or the District of Columbia or
ated damages be t°�') for liquidated damages.
violationonoftthe laborer watchman,ComputOr awith nd OM respecttoeach
set forth inthe sum of $10 fa
each calerndel �Y on which such em oyes was repaired or permit.
fed to work in excess of tic standard work week of red
pam*
Payment of the overtime wages required by the cause set forth In
paragraph 7.
9. WWh4oldkV for Unpaid Wsnd gq aLiquidated Damages:
Page
Form FHWA-1273 (Rev. 3.94)
The SHA shall upon its own action or upon written request of any
authorized representative of the DOL withhold, or cause to be
withheld, from any monies payable on account of work performed by
the contractor or subcontractor under any such contract or any other
Federal contract with tin same prime contractor, or any other
Federally -assisted contract subject to the Contract Work Hours and
Safety Standards Ad, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided In the clause set forth In paragraph
8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located on
roadways classified as local roads or rural collectors, which are
exempt.)
1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the
Secretary of Labor which are herein incorporated by reference.
2. Payroll* and Payroll Records:
maintained by tithe contractor and each s and basic records Msub000nWid dura*V thereto ing thine
course of tin work and preserved for a period of 3 years from the
date of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards worldrg at the
site of the work.
b. The payroll records shall contain the norm, social security
number, and address of each such or rpbyee; his or her correct
classification rates of wages paid (I
ncluding rates of contribu-
tions or costs anticipated for bona lids hinge be(sBneeft or cash
DDaavisa Bacon Act); cla andnumber
thereof the descrilbod In Section
tlarn
numbberof hourrworks&,
deductions made; and actual wages paid. In addition, for Appe1�
chian contracts, the payroll records s W contain a notation indite
whether the employee does, or does not, normally reekde in the l�
area as defined in Attachment A. paragraph 1. Whenever the
Sacrstery of Labor, pursuant to Section N,'arogreph 3b, has found
that the wages of any laborer or mechanic Include the amount of any
costs reasonably anticipated In providing benefil* under a plan or
program described in Section I (b)(2)(B) of the Davis Bacon Act, the
contractor and each atubcontractor shall maintain records which slaw
that the commitment to provide such benefits Is enforceable, that the
an or program is financially r that the plan or pmgram
as boon communicated in responsible,
laborers or mechanics
affected, and show the cost anticipated or the actual cast incurred In
providkg benefits. Contractors or suboontractars employing
�him or trekness under approved p►ogrertn shah maintain
evklenos of the registration of apprentices and tralmess, and
ratios and wage rates prescribed In tin applcable programs.
c. Each contraclor and subcontractor shall furnish, each week
In which any contract work Is to the SHA resident
engineer a payroll of wages eaM of Its employees (Including
apprentices, trainees. and helpers, described in Section 1V, pars"
graphs 4 mid 5, and watchmen and guards engaged on work duiig
hies preceding.weekly payroll period). The payrollsubmitted shah ssee�t
out accurately and completely all of tin information required to be
maintained under paragraph 2 , of ft Section V. This information
may be submitted in any form desired. Optional Form WH-347 is
available for this purpose and may be purchased from the Su
tendent of Documents Federal stook number 029-0OS-0014-1), 3
un
Government Printing Office, Washington, D.C. 20402. 17ho prime
contractor Is responsible for the submission of copies of payrolls by
all subcontractors.
d. Each payroll submitted shall be accompanied by a "State-
meM of Compliance.* signed by the contractor or subcontractor or
his/her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the followfng:
1 that Payroll period contains the
information reqtin uired to to maintained under paragraph 2b of this
Section V and that such information Is correct and complete;
(2) that such laborer or mechanic (incluid-kV each helper,
apprentice. and trainee) employed on the contract during the payroll
period has been paid the full weekly wages earned, without rebate,
either directly or indirectly, and that no deductions have boon made
either direcq or indirectly from the full wages earned, other than
permissible deductions as set forth in the Regulations, 29 CFR 3;
(3) that each laborer or mechanic has been paid not leas
that the a pplicat" wage rate and fringe benefits or cash equivalent
for the classification of worked performed. as specified in the
applicable wage determination incorporated Into the contrail.
e. The weekly submission of a properly executed certification
set forth on the reverse side of Optional Forth WH-347 she# satisttr
the requirement for submission of the "Statement of Compliance
required by paragraph 2d of this Section V.
f. The falsification of any of the above certifications may
subject the contractor to civil or criminal prosecution under 18 U.S.C.
1001 and 31 U.S.C. 231.
g. The contractm or subcontractor shall make the records
required under op transcription
2b of this Section V available for inyec-
he
SHA tM F A, or the DOL, shall er �e th� at
ves
to interview employees du such the job. if the
working hours on the Job. If the
contractor or subcontractor falls to submit the required records or to
make them available, the SHA, the FHWA, the DOL, or ad may, after
written notice to the contractor. sponsor. app#caro, or owner, take
such actions as may be necessary to cause the suspension of any
further payment advance. or guarantee of funds. Fosihumore,
faikure to subrat the required records upon request or to make such
records avail" may be grounds for debarment action pursuant to
29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. On all Federal-sid contracts on the National Highway System.
except those which provide solely W the installation of pprrooiecthre
devices at raikoed �rad� crosses those which are conslmucted on
a force account or labor basis, hi hwaybeautificatim contracts,
and contracts for which the total Beal slructim cost for roadway
and bridge is less than $1,000,000 (23 CFR 635) the contracior s
a. Become familiar with the list of specific materiel* and
supplies contained in Form FHWA-47, 'Statement & Materiak and
Labor Used by Contraclor of Highway Construction Involving Federal
Funds,' prior to on oommencemerd of work under this contract
b. MsintakV a record of the toted cost of all materials and
supplies purchased for and Incorporated in the work, and also of the
quantities of those spsctllc material* and supplies listed on Form
FHWA-47, and in the units shown on Forth FHWA-47.
a Furnish, upon the completion of the contract to the SHA
resident engirisor eormtFin�as� with ellte alin paragraph 1b intivo to materials afinal labor
summary of all contract worst Indicating the total hours worked and
the total amount earned.
2. At tin prime contractors option, either a single report cove"
all contract work or separals reports for the contractor and for each
subcontract shall be submitted.
VIL SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shaft perform with Its own organization contract
work if specified elsewhere the to not [on �contra30 ct)cof the totr a al ater montage
price, ex any original
the
contract
Specialty ItOM may bs by subcon hat and the amount of
any such sPeclAY Items performed may be deducted from the total
original contrail price before computing the amount of work required
to Do Performed by the contractors own organization (23 CFR 635).
a. 'Its own organtzation" shall be construed to Include only
workers employed and Paid directly by the prime contractor and
equipment owned or rented by the prime contractor, with or witlnout
operators. Such term does not include employees or equipment of
Form FHWA-1273 (Rev. 3-94) PAW 5
a subcontractor, assignee, or agent of the prime contractor.
that rb. SV,alty Items'shall be construed to be limited to work
ordinaMyres highly specialized knowledge, abilities, orequlpmeM not
and ex available in the type of contracting organizations qualified
pected to bid on the contract as a whole and In general are to
be limited to minor components of the overall contract.
2. The contract amount upon which the requirements set forth In
paragraph 1 of Section VII is computed includes the cost of material
bymanufactured Products which are to be purchased or produced
y the contractor under the contract provisions.
3. The contractor sham furnish (a) a competant superintendent or
supervisor who is employed by the firm, has full authority to direct
ormancmoments and in the work in accordance with the contract require.
s of aN construction operations (regardless of
who Performs the ) and (b) such other of its own organizational
of
resources (supervision, management, and engineering servioss) as
the SHA contracting oftkw determines Is necessary to assure the
Pe+fomance of the contract
4. No Fowtlon of the contract shall be sublet, assignad or otherwise
dlspos of except with the written consent of the SHA contracting
officer, or authorized reprassntativa and such consent wham =v y shag not be construed to relieve the contractor of any en
for the hilfigment of the contract Written consent will
after the SHA has assured that each subcontract is only
WA*V and that it contains in
°O Prime oonh allpernent Provisionsand requlremnents
VK SAFETY: ACCIDENT PREVENTION
1. In the ncs of ads contract Me contractor shell coff
with all Is Federal, Slats, and local laws govemVy
kV health, a sentatlon (23 CFR 635). The contractor shah pro safety,
safeguards, safety devkes and protscdvs equlpmant and taxi vide
other needed tic as N determines, or as the SHA contracting
and heOfficerma alth d tenpins, to be reasonably necessary to punted the Nfi
Proof perty
donate elyalos
covered by he con } Ps►rfortnance of aerie work
2. It is a condition of this con
of each suboontrect, tract, and shelf be made a condition
which the contraolor enters into
contract, that the contractor and any aubronq�or sirs " PO Mile
any a^�PtOyes not
in p anca of the contract to work in surround -
or Inge or under condNlo�whkh are u nsanneryhazardous d .npBr-
ous to his/her health or safety as detsnnkled under con stru gerh
3 fah and health atanda►ds (29 CFR 1926)
V1to k Hours twy of rM aS lo nt with
the
ro
Section 107 Me Corted �itraq
fety Standards Act (40 U.S.C. 333).
3. Pursuant b 29 CFR 1926.3. N Is a conditiom of this contract that
the Secretary of Labor or authorized representative thereof, she#
have right entry to any seta of contract psrfomn
Investigate" matter of compliance with tinscsrmanc anband
inspect or
health standards and to Out the duties of tins under safety (40 U.S.C. 333
Section 107 3 ). me Contract Workk Hours and Safely Standards Act
IX. FALSE STATEMENTS CONCERNWO HIGHWAY PROJECTS
In order to assure high qua* and durable construction in cornloa
mity with approved plans and spwAca
remabl dons and a high � a_•_ of
My on statements and representations made by Ong
It fs saaendcontradOrsal tf dam IGM, and workers on Federal ad highway projects,
functions as care P Concerned ned with the project perform their
falsification, distortion, or misrepresentation
� as posaib o. Willful
misund facts
related to MedPrrojed is a violation of Federal laws ToYprevernt any
acts, the f� lowir"n�rega�ng m° Seriousness of these and similar
notice shall be pos
highway P►oject (23 CFR 635) in on@ oorted h each Federal -aid
readily available to all persons concerned rna
WM with the project:
� it Is
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL.AID
HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an olfkei agenr( or employso of the United
States, or of any State or Tenifory a whoever, whether a Person association Am► of coiporatdn, knowMgry makes any false state-
ment, false reprosentatbn stales report as to the character, qual*
P"o a
quanta. or cost of the material used or to be used, or the quantity or
9u81fty of the work P@nbrmed or to be performed, or the cost thereof
in connection with the submission of plans, maps, specifications,
contracts, or costs of consbuction on any hway or related projea
submitted for approval to the Secretary of Transportation: or
Wh°ays, kip makes any false statement false representa-
O
tion, f report or cr so claim with respect to the character, quality,
quan any *or* perfomred or to be performed, or
onsruct furnished an or to be furnished, in connection with the
Secre T n **Way related proocl, approved by the
whoftwkno
Lion a � fact In any statement
ats�en c orfalrt0cale or report
submitted pursuant to provisions of the Feobr� aid Roads Act
�tect July 1, 191 A (39 SW 355), as amended and supple -
Shah be boned not 5 years or both., More that $10, 000 or imprisoned not more than
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
( o all Federat.aid construction contracts and to all related
of $100,000 or mars.)
By submission of this bid or the execution of this contract, or ,inector, Or subcontract as apprpprlats, " Molds►, Federal -ad construuc ion
e�a►b actw, as appropriate, will be deemed to have
$tipu►ated as follows:
I. That any facmNy that hi or will be utNzed In the
contract, unless such contract is ex performance Air of this
amended (42 U.S.C. 1857Pt under the Clean Air as
and under the Federal Watarr Pao t s amended by
amend),
U.S.C.1251 ��q wed by Pub. L. 92-50p , ExacuUye�pr
der
fie 44t and re9h+ s In imO nsntatlon thereof l40 CFR 15) is not
led. on the date 01 contract award, an the U.S. Envkonmentet
CFRtectinn i
tiocy (EPA) List of Violating Facmtaes Pursuant to 40
2.
MeThat the Arm agrees to comply and remain in compliance with of the Federal WaterS peontiOn Control Ad of Clean Air all
guldelin" listed Act andSOCregulations 08
�eunde on ror. and alland
3. �� fromMepromptly notify the SHA of Ma receipt of any
indkaUrV Ifns Oksctor, 0111ce of Federal Activities, EPA,
under consideration etlon M81 Is or *1 be utilized for the contract is
listed on the EPA List Of Violating Fact tlss.
4eqThel VW� agrees to Include or cause to be Included the
nonexempt subconkssdraPhand hx* aMrO�press4°f this Section ti in every
govemment may direct as a memo of to tales stern action as all
XL CERTIFICATION��� such r�l<srrana.
INELN318Ndry REOARDINO DELIARMENT, SUSPENSION,
AND VOLUNTMY EXCLUSION
tions.kwft"Oft for Cadflcaflon . Primny Covered Transac.
(APPikable to all Federal -aid contracts _ 49 CFR 29)
a. si�np� and submitting this proposal, the
Pntnary - t �a Providing the certification set out bellowPecave
b. The inability of a person to provide the below 1* not necessarily result in denial of certification
rtiflcatlon set out
covered transaction. The
explanation P ►ticipallon in this
explanation of why R can�lo'�e=a t shall submit an
The certification or explanation win be considered In set out below.
the department or Vw"-s determination whether to fhb
onrection with
to transaction. However, failure of the Prospective prlrm�v participant
Person fturn"
ai certification or an explanation shall disqua�y such a
Pantdpation in this transaction.
c. The cert)ficatlon in this clause is a material representation
of fora upon which reaancs was ppfaced when the department or
agency determined lo enter into thia transaction. Hit is later deter.
Fmred'hathprospectprospective prImaryPacipaN knowingly renderedrroneous certi
Federal GovemnwN, thin addition lo other remedies available to thaen
e
department or agency may terminate this
Form FHWA-1273 (Rev. 3-94)
transaction for cause of default
d. The prospective primary participant shall provide immediate
written notice to the department or agency to whom this proposal is
submitted it any time the prospective primary participant teams that
its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
e. The terms "covered transaction,' •debarred: 'suspended
"ineligible," Sower tier covered transaction," *par"' person.-
-primary covered transaction," "principal,' "proposal, and "voluntarily
excluded," as used in this clause, have the meanings set out In the
Definitions and Coverage sections of rules Implementing Executive
Order 12549. You may contact the department or agency to which
this proposal is submitted fix assistance in obtaining a copy of those
regulations.
f. The prospective primaryparticlpent agrees by submitting this
Proposal that, should the proposed covered transaction be entered
into, It shall not knowingly an
er in
any lower tier covered transac-
tion with a person who is debarred, suspended, declared Ineligible,
or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency entering into this
transaction. pin apresa
The prospective
by
submitting this proposalthat k will Include clause titled "Certif
lion Regarding Debarment, Su ion, Ineti�ibefly and Voluntary
Exclusion -Lower Tier Covered Transaction, provided by the
department or agency, entering info this covered transaction, without
modification, In all lower tier covered transactions and in ale sofkile-
tiore for lower tier covered transactions.
h. A participant in a covered transaction may rely upon a
certification of a p�cNve participant in a lower tier covered
transaction that Is no sdeb�red, suspended, ineligibleor voluntarily
excluded from the covered transaction, unless it knows that the
certification Is erroneous. A rp,���-�-y^.h�►urrttmay decide the method and
freq by which It deterrmYlef Qle eRrNAlly of Its principals. Each
pa tr �t may, but is not required to, check the nonproc e
portion of the "Lists of Parties Excluded From FederalProcurementll
or Nonprocuremant e rogra ns' (Nonprocurement Ust) which Is
compiled by the GeneralServices Administration.
I. Nothing contained M the foregoing shall be construed to
r establishment of a system of� in order io render In
good Nth the certification required by this clause. The knowledge
and information of participant is not required to exceed that whichls
normally possessed by a prudent person in the ordinary course of
business dealings.
J. Except fix transactions authorized under paragraph f of
these instructions, H a participant in a covered transeciionknow ropy
enters into a lower tier covered transaction with a person who is
su ad, debarred, ineligible, or voluntarily excluded from
p fork In this transaction, in addition to other remedles available
to tin ederal Govemnhent, the department or agency may terminale
this transaction for cause or defaulL
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion —Primary Covered Transactions
1. The pros s ary participant certifies to the best of its
knowledge b W, at It and its principals:
a. rdeclarednotprepresentlypresentlydebarred, suspended, proposed for
debarment ineligible, or voluntarily excluded from covered
transactions by any Federal department or agency;
b. Have not within a 3 ear period preceding this proposal
been convicted of or had a clvp 3-year
rendered against them for
commission of fraud or a criminal offense In connection with obtain-
ing, attempting to obtain, or performing a public (Federal, State or
local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
c. Are not presently Indicted for or otherwise criminally or civilly
th
commission of any M this offenseal s e(numeratid in paragraphState or )1b of
this certiflcalion, and
d. year period prece&V d* appNce-
tkm/propossallhad doone or more within a epublic(Fed** State
loco )( terminated for cause or ed /sult.
2. Where the prospective prknary participant Is unable to certify to
any of tie statements In this certification, such prospective partkapard
shag attach an explanation to this proposal.
2. Instructions for Cwdficadan -Lower Tier Covered Transact
tic":
t� transactions $25,000 or morApplicable to all subcontracts,e 4r9 CFRo 29)derand other lower
a. By slgnft and submitting this proposal, the prospective
lower tier Is providing the cerHAcation set out below.
b. The certlSCatlan in this clause is a material representation
of fad upon which reliance was plated when fhb transaction was
entered Who If it Is later determined that the prospective lower tier
Fknowingly, rendered an erroneous certtAcadon; in addition
other remedbs available to the Federal Government, the depart-
ment, or agency with which this transaction originated may pursue
available nirriedles, including suspension and/or debarment
c. The prospective kwvw tier participard shall provide Imam&
ate written noticeto the person to which thills proposal Is submitted K
at any time the prospective lower ter participant learns that Its
codification was erroneous by reason of changed circumstances.
d. The terms "covered transectim- -debarred.- •auspended,.
'trot 'primary covered transarcNtyion,' participard," perms
n this
have the msanirw getaM out kin the Definitions and �
sections of rules Implementing Executive Order 12549. You may
contact the person to which this proposal is submitted for assistance
In obtaining a copy of those reWladons
a. Thethis proposal should the pspective lowertisr p coverard ed Ireesa sacton bsubmiffle
entered into, ft shall not krowingl enter Into any lower tier covered
transaction with a person who Is debarred, suspended, declared
ineligible, or voluntarily excluded from particippaation in this covered
transaction, unless authorized by the deparinmerht or agency with
which Utis transaction originated.
f. The prospective lower tier participant further aaggrteeeess by
submitting this proposal that it will include this clause titled "Cedflca-
tion Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion lowsr Tier Covered Transaction," modification, in
all lower tier covered transactions and in all solicitations for lower tier
covered transactions,
aparticipant in a covered transaction may rely upon a
certifiction prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily
excluded from tie covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and
Form FHWA-1273 (Rev. 3-94) P"o 7
frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the Nonprocurement
List.
h. Nothing contained in the foregoing shah be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of participant is not required to exceed that which is
normally
dowsed by a prudent person in the ordinary course of
buskxI. Except for transactions authorized under paragraph a of
these instructions, N a participant to a covered transaction krrowingly
enters Into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
I
articipation in this transaction, In addition to other remedies available
to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, Including
suspension and/or debarment
and Vof � R%"n9 Debsrmont' 3uspo�ak^ Ine"Obility
nhry �irclusion—Lower Tier Covered Trsnsactbns:
1. The prospective bwror tier Partldp�M ties, by submission of
this Proposal, that neither k nor its p1ndp presently debarred,
tartly ad� for debarment. declared ineftibb, or Participation in this tnsrmactlon by any Federat
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.
XM. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYINO
(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 subn-dtdnp
this bid or proposal, to the best of his or her knowledge and belief
that:
S. No Federal appropriated funds have boon paid or will be
paid, by oron b~of the unders ned, to any person for Influencirg
or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress,tM
or an employee of a Member of Congress In connection wit
awarding of any Federal contract the making of any Federal graft,
them of arty Federal ban, the entering Into of any cooperative
agreemon . and the extension, contInuadon, renewal, amendment, or
modification of any Federal contrail, gran, loan, or cooperative
agreement.
b. If any funds other than Federal aPPWMed funds have
been paid or will be paid to any person for Influencing or attempting
to Influence an oficar or of any Federal agency, a Member
of engross an oft? w c a imp oyes of congress, or an employee of
a MC bor of Con Ves In connection with title Federal contract grant.
subloanmit Standard or coop lFoonaLen Ill undorsignsd &hallReport
and
accordance with its In DFsilasura Form to Report L in
2. This certification Is a material representation of fad upon which
reliance was placed when this transaction was made or entered Into.
Submission ofthis corIftetbn is a prerequisft for making or entering
ifalls to 010 the WPW*dnto this transaction Impo�sUeAdcab�y 31 U.S.C. 1352. Any persooshall bejubject to a civilennwahhoo
of not less than S10,000 and nd not more than $100,000 for each such
failure.
bid propThe osal tidal hs a"W Wtal ag►e," by submitting his or her
ceftffloation be included in all lower tlHeer subuire s I guago this
$100,0000 and that all such rec�Ients shah tracfy and exceed
accordingly.
certify and disclose
Paps a
Form FHWA-1273 (Rev. 3-94)
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR
APPALACHIAN CONTRACTS
(Applicable lo Appalachian contracts only.)
1. During the performance of this contract, the contractor under-
taking to do work which is, or reasonably may be, done as on -site
work, shag give preference to qualified persons who regularly reside
in the labor area as designated by the DOL wherein the conWid 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 specialty experienced personnel necessary to assure
an eMchnt execution of the contract work.
c. For the obligation of the contractor to offer employment to
ppresent or former employees as the result of a lawful collecWe
bargaInsk►dp contract, provided that the number of nonresident persons
employ nuunder this mber of subparagraph
1 c shall not exceed 20 percentof
contract wort, except employees provided employed by the contractor on the
subparagraph 4 below.
2. The contractor ahaIra)yelsk
a job order with the State Employ-
mment eche� end of thsar elme cla irsi� tons of the laborers,
ontnid
work, (b) the number of empty sees o perform the caLIM
required M each dasaUicatlon,
(c) the date on which he estimates such employees will be required,
and (d) any other pertinent Information required by the State Employ-
ment SService 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, he
shag promptly notify the State Employment Service.
3. The contractor shah 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 1 week following Me placing of a job order by the
contractor with the state Employment Servlce, the State Employment
Service is unable to refer any qualified job applicants to the contrac-
tor, or less than the number requested, the State Employment
Sella will forward a certificate to the contractor Indicating the
unavailability of applicants. Such certificate shag be made a part of
the contractors 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 certificate,
notwithstanding the provisions of subparagraph tc above.
S. The contractor shall Include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work which is,
or reasonably may be, done as on-stls work.
Form FHWA-1273 (Rev. 3-94) Paps 9
ATTACHMENT D
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-021-13
NOTIFICATION TO FDOT OF EEO OFFICER EQUAL OPPORTUNITY
01107
Mail signed original to:
FDOT Equal Opportunity Office, 605 Suwannee Street -MS 65, Tallahassee, FI 32399-0450
Section 1: COMPANY IDENTIFICATION
1. Contractor Name:
2.. FEID No.:
3. Home Office Mailing Address: (street)
4. Home Office Mailing Address: (city, State, Zip))
5. Main Phone Number:
6. Fax Number:
7. What is being
Changed?
Initial EEO Officer Notice to FDOT
I New Person Appointed
I Appointee Changed Name
I Contact Data Changed
Yes
F1 No
I Yes LJ No
I LJ Yes
LJ No
I Lj
Yes
Lj No
Section 2: EEO OFFICER IDENTIFICATION
8 Name of EEO Officer. ( first name, middle initial, last name)
9. EEO Officer's Working Title:
10. Work Address of EEO Officer. (Street)
11. Work Address of EEO Officer. (city, stab, zip)
12. EEO Officer Phone Number.
13. EEO Officer Fax Number:
14. EEO Officer small address:
Section 3: SIGNATURE OF CORPORATE OFFICIAL
As required in the Equal Employment Opportunity Special Provisions included in Federally Funded
Highway Construction Contracts and as required in the Equal Employment Opportunity
Requirements included In all State funded highway construction contracts, this official notice of EEO
Officer appointment (and/or update) is made to the Florida Department of Transportation and the
U.S. Federal Highway Administration (FHWA). I understand that additional Information regarding the
EEO Officer, the EEO Policy and other aspects of the construction contract compliance program may
be found in the EEO Construction Contract Compliance Workbook.
15. AppointhV Official's Signature: 18. Date: (MaVaylyr.)
17. Officials Name: (printed) 18. Official's Title: (printed)
(This Section For FDOT Use) Section 4: Processing of Notification
19. Processed by: (First and Last Name) 20. Date Processed: (molday/yr)
DISTRIBUTION: Original to FOOT Central EO Office Files; Copy: Mated to Contractor
UPDATE ACTION: I in FORS stem
275-021-13
EQUAL OPPORTUNITY
01107
State of Florida Department of Transportation
EEO Officer Notification
This form is used by contractors to communicate the appointment of an EEO Officer and to provide
EEO Officer Contact data. The form is also used to update that information in the event of new
appointees, name changes or contact data changes. Refer to the EEO Construction Contract
Compliance Workbook and the FDOT contract for compliance program requirements and instructions.
The contractor mails original of the completed form to
FDOT Equal Opportunity Office
605 Suwannee Street -MS 65
Tallahassee, FI 32399-0450
A copy of the form is returned to the contractor upon completion of processing by FDOT
General: Complete all boxes each time this form is submitted
Section 1. Proiect Identification
Box 1 Contractor Name — The name of the contractor.
Box 2 FEID No. — The contractor's Federal Identification Number
Box 3 - Home Office Mailing Address (Street) — The contractor's home office street
address; if the business' home office is outside of Florida, indicate the address of the Florida
Home Office.
Box 4- Home Office Mailing Address (City, State, Zip) — The contractor's home office city,
state and zip code; if the business home office is outside of Florida, indicate the address of
the Florida Home Office.
Box 5 Main Phone No. — Area code and phone number contractor's main business phone
Box 6 Fax Number No. — Area code and phone number contractor's main fax
Box 7 What Is Being Changed? — Mark 'Yes' or 'No" to indicate if this is the company's
initial submission of EEO Officer information; If a new person has been appointed as EEO
Officer, If the appointee of record had a name change, and if the appointee's contact data is
being updated.
Section 2: EEO Officer Identification
Box 8 Name of EEO Officer — First name, middle initial and last name of EEO Officer
Box 9 EEO Officer's Working Title — Job title if the EEO Officer has other duties (e.g.
Treasurer, Manager of Contract Services, etc)
Box 10 Work Address of EEO Officer (Street) — Address of EEO Officer's office
Box 11 Work Address of EEO Officer (City, State, Zip) — Address of EEO Officer's office
Box 12 EEO Officer Phone Number — Area code and phone number for EEO Officer
Box 13 EEO Officer Fax Number — Area code and fax number for EEO Officer
Box 14 EEO Officer email address — EEO Officer Email address
Section 3: Signature of Coruorate Official
Box 15 Appointing Official's Signature — Signature of Company Official responsible for
EEO Officer Appointment
Box 16 Date (Mo/Day/Year) — Date appointing official signs this Notification form
Box 17 Official's Name (printed) — Printed first name and last name of person signing Box
15
Box 18 Official's Title (printed) — Printed title of person signing Box 15 (e.g. President,
CEO, etc)
Section 4: Processing of Notification
This section is completed by FDOT
Box 19 Processed by — First and last name of person processing the Notification
Box 20 Date Processed — Date processing is completed
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-021-05
RECORD OF SUPERVISORY AND OFFICE PERSONNEL EOUALOPPORTUNITY
o1/u07
EEO MEETING OR INDIVIDUAL ORIENTATION
1. COMPANY NAME: Z. DATE OF MEETING (M/D/Y):
3. FEID # OR FDOT VENDOR #: 4. NAME OF EEO OFFICER:
5. CHECK TYPE OF MEETING: 6. ADDRESS WHERE MEETING HELD:
❑ INDIVIDUAL ORIENTATION
❑ EEO MEETING
7. EEO OFFICER'S CERTIFICATION:
The signature of this Company's EEO Officer Is certification that an individual orientation or meeting was held with
supervisory personnel and others involved In personnel matters to address all aspects of our equal employment opportunity
(EEO) obligations. The major topics were addressed and a signed attendance record was made.
SIGNATURE: EEO OFFICER
8. MAJOR TOPICS ADDRESSED:
✓ EEO Policy and Affirmative Action Plan ✓ Bulletin Boards
✓ Identification of EEO Officer ✓ Interviews by State and Federal representatives
✓ Equal Employment Opportunity and recruitment ✓ Training opportunities
✓ Wages and Payrolls ✓ Complaints
✓ Utilization of Disadvantaged Businesses
9. ATTENDEES:
PRINTED NAME AND TITLE SIGNATURE
ATTACHADDITIONAL PAGES /F NECESSARY
Palm Drive Bridge Repair Proiect
BID FORM
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
C/O PURCHASING DEPARTMENT
1100 SIMONTON STREET, ROOM 1-213
KEY WEST, FLORIDA 33040
BID FROM:
The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and
Addenda thereto and other Bid Documents for the construction of
Palm Drive (Bavpoint) Bridge Repair Proiect
Monroe County, Florida
and having carefully examined the site where the Work is to be performed, having become familiar with all local
conditions including labor affecting the cost thereof, and having familiarized himself with material availability,
Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby
propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all
incidentals necessary to perform and complete said Work and work incidental hereto, in a workman -like manner, in
conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto.
The undersigned further certifies that he has personally inspected the actual location of where the Work is to be
performed, together with the local sources of supply and that he understands the conditions under which the Work is
to be performed. The successful bidder shall assume the risk of any and all costs and delays arising from the
existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to
documentary information provided and made available, and from inspection and examination of the site.
The undersigned shall perform the work at the Unit Price Indicated on the following Bid Form. Further, it is
understood that the Bid Form Quantities are estimated for evaluation purposes only and that the final contract price
will be determined from the actual quantities measured for payment in accordance with the Contract Documents.
C�h � Ii-.,�,,� d�e� c� 1 � �✓�y� oc,t� cl. '7 nv,
(Total Base Bid - words)
e ""-Uk VA 0oe(A cr
130 9 3,,t 0
(Total Base Bid- numbers)
Signature
'7 1 kir-e f,
Date
9/0
vaiuoiUY BID PROPOSAL 001105
Palm Drive Bridge Repair Project
I acknowledge receipt of Addenda �1o. (s) 1 21 I have included the Bid Proposal
which entails the Proposal Form ✓ , the Non -Collusion Affidavit V , the Lobbying and Conflict
of Interest Clause V $he Drug -Free Workplace Form ✓, the Bid Bond ✓ ,the Bidder's
Insurance Statement ✓ . Also ' clude a copy of valid licenses . Additional Informatio
Buy America certification Certification Regarding Suspension and Debarment
Certification Regarding Suspension and Debarment, Lower Tier Transaction r/, Disadvantaged
Business Enterprise Program certification ✓ , Equal Employment Opportuniequirements
certification, Certification Regarding the Use of Contract Funds for Lobbying tt�J , and FDOT
Form 275-030-10 Construction Contractors Bid Opportunity List.✓
(The above is intended as a courtesy review checklist of the required bid items. However, it
does not imply that these are the only items needed. There may be additional requirements not
listed here that are listed in other sections of the Project Manual. It is the Contactors
responsibility to provide all required bid items.)
Mailing Address: Ch 1(- e � p `
t h Sv�.S -1 C
-e es�1' PL
Phone Number: ) (0 `J
Date: -- Signed:
(Name) PL
pm_s I +
(Title)
Witness:
(Seal)
08/05/09 BID PROPOSAL 001104
I
08/05/09 BID PROPOSAL 00110-5
Palm Drive Bridge Repair Project
NON -COLLUSION AFFIDAVIT
O of the city of �e eS� according to law on my oath, and
under penalty of perj ,depose and say that; —`
I am re5 4 Pvvl of the firm of
�dY�2 0 , the bidder making the Proposal for the project
de cr bed i the nonce for calling for bids for:
Palm Drive (BaYpoint) Bridge Repair Project
Monroe County, Florida
and that I executed the said proposal with full authority to do so;
2.) the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such process with any other bidder or with any competitor;
3.) unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will
not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
4.) no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
5.) the statements contained in this affidavit are true and correct, and made with full knowledge
that Monroe County relies upon the truth of the statements contained in this affidavit in
awarding contracts for said project.
(Signature of Bidder)
STATE OF: 1--
COUNTY OF: p 11 ro e,
(Date)
PERSONALLY APPEARED BEFORE ME, the undersigned authority, 1 � i� O Q
(name of i vidual signing) whoot aftfer first being sworn by me, affixedhiiAer signature in the space ro ided above on this
day of �ya'�" .2009. /l —
NOTARY PU
My commission expires: RONALD J. ARWTRO1N
off - Stdo of rod"
• Mp Comm. w�»,iota
Commmwon 100 91010
» kr4od TW ji NOW Notxp Am
08/05/09 BID PROPOSAL 00110-6
Palm Drive Bridge Repair Project
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY, FLORIDA
,, ch��I� i �� sus
(Company)
"... warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or
employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the
County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct
from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage,
gift, or consideration paid to the former County officer or employee".
(Signature) (Date)
STATE OF r L—
COUNTY OF M OV) �(-O e
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
k11-2=10f—f
m Uwho, after first being sworn by me, affixed his/her
Signaturein the space provided
(Name of individual signing)
Above on this 1 day of S 20017
NOTARY PUB
My commis n es: p 1. ARMA t
No wy Pubk - No of Ram
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08/05/09
BID PROPOSAL
00110-7
Palm Drive Bridge Repair Proiect
DRUG -FREE WORKPLACE FORM
The undersigned Contractor in accordance with Fl. Statute 287.087 hereby certifies that:
*_10,N of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
2. Inform such employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on
the commodities or contractual services that are under bid, the employees will abide by the terns of
the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to,
any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States
or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this
section.
As a person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
Bidder's Signature
Q
Date 71
08/05/09 BID PROPOSAL 00110-8
Palm Drive Bridge Repair Project
SECTION 00110
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we Charley Toppino & Sons, Inc.
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called the Principal, and The Hanover Insurance Company
(Here Insert full name and address or legal dtie of Surety)
a corporation duly organized under the laws of the State of New Hampshire
as Surety, hereinafter called the Surety, are held and firmly bound untoMonroe County Board of County Commissioners
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of 5% of Bid Proposal Submitted
---------------------------------------• Dollars($_-------5%------- ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid forPalm Drive (Baypoint) Bridge Repair Project
(Here insert full name, address and description of project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall -enter a
Contract with the Obligee In accordance with the terms of suuh bid, and give such bond or bonds as may be
specified In the bidding or Contract documents with good and sufficient surety for the faithful performance of
such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the
even( of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall
pay to the Obligee the difference not to exceed the penalty hereof between the amount specified In said hid and
such larger amount for which the Obligee may in good faith contract with another party to perform the Work
covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect,
Sighed and sealed this 9th day of September 20 09
(Witness)
(Witn ss)
Charley Toppino & Sons, Inc.
Principal) (Seal)
The Hover Insurance Company
(Seal)
L. Parker, Attorney in Fact & Florida Resident Agent
v0rw1v7 rifll YKOP05AL 00110-9
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,
both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF
AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint
Charles C. Ball, Ileana M. Bauza, William F. Klels, Davor 1. Mimica and/or William L. Parker
of Miami, FL and each is a true and lawful Attomey(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf,
and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated
any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
Any such obligations In the United States, not to exceed Twenty Million and No/100 ($20,000,000) In any single instance
and said companies hereby ratify and confirm all and whatsoever said Attorneys) -in -fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which
resolutions are still in effect:
"RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and
empowered to appoint Attomeys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and
all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the
seal of the Company. Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed
and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance
Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS
INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice
President and an Assistant Vice President, this 8th day of July 2009.
THE HANOVER INSURANCE COMPANY
w" MASSACHUSETTS BAY INSURANCE COMPANY
CITIZEN llqSURANCE COMPANY OF AMERICA
Mary Jeanne d on, ice P'.!Vd1pt
Robert K. Grennan, Assistan ice President
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ) ss,
On this 8th day of July 2009, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company,
Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers
described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company
Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their
signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations.
wc—W-EV;*0 �s N018fyPublic
My commission expires on November 3, 2011
I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens insurance
Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said
Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
"RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and
executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the
same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted
October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 -
Citizens Insurance Company of America)
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 9 t h day of September . 20 0 9
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS SAY INSURANCE COMPANY
INSU CE CO ANY OFBrain, ssistan ice Pres nt
Polin Drive Bridge Remir Proicct
LLM URANCE AG_, ENT,S SS ATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles apply to the
corresponding policy.
POLICY ff
�l1 �►� ev'� � G- i cl � � I 1 �-
Liability policies are t/ Occurrence
Insurance Agency
DI?DUCTIBLES
20 nv.y
U.
C)- C) a
Claims Made
Signature
BIDDERS STATEMENT
1 understand the insurance that will be mandatory if awarded the contract and will comply in tun with all the
requircntents.
Bidder
Sig sture
utsiwivy SUPPLEMENTARY INSURANCE DOCUMENTS 00900-6
Palm Drive Bridge Repair Project
Bidder's Insurance Statement
The Insurance requirements are set forth in Section 00900 of the project manual as follows:
Insurance Requirement
Limits
Worker's Compensation
Statutory Limits
Employer's Liability
WC2
$500,000/$500,000/$500,000
WCUSLH
Same as Employers Liability
WCJA
Same as Employers Liability
General Liability
GL2
$250,000 per person; $500,000 per occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
GLXCU
*Required Endorsement
Underground, Explosion and Collapse
(XCU)
Vehicle Liability
VL2
$100,000 per person; $300,000 per occurrence
(Owned, hired and
$50,000 Property Damage
Non- owned Vehicles)
or
$300,000 Combined Limit
I understand the insurance that will be mandatory if awarded the contract and will comply in full with
all these requirements.
All insurers shall have an A.M. Best rating of VI or better and shall be licensed to do business in the state of
Florida.
C2— � v /
Name of Z�'in'ess Signature D e
08/05/09 BID PROPOSAL 00110-10
Palm Drive Bridge Repair Proiect
BUY AMERICA
CERTIFICATION OF COMPLIANCE
Buy America Requirements
The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of
Goods or Rolling Stock (valued at more than $100,000). The Contractor must agree to comply with 49 U.S.C. 53230)
and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured
products used are produced in the United States, unless a waiver has been granted or the product is subject to a general
waiver. General waivers are listed in 49 CFR661.7. The Buy America Certificate, below must be completed and
submitted with the bid. A bid, which does not include the certificate, will be considered non -responsive.
FDOT Supplemental Specification Section 6-12.2, Source of Supply -Steel is included in as an attachment to Section
01000 Special Conditions.
Buy America Certificate
The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. Section 5323 6) (1). Section 165 (a) of
the Surface Transportation Assistance Act of 1982, as amended, but it may qualify for an exception to the requirements
pursuant to Section 165 (b)(2) or (bx4) of the Surface Transportation Assistance Act of 1982 and regulation in 49 CFR
661.7.
Finn Name:
Date:
Signature:
Printed Name:
Title:
c1vvlex-11 -6F SAS -� C
I k P, OFP
py-a-'s I. 4e"V1 -f—
08/05/09 BID PROPOSAL 00110-11
Palm Drive Bridge Repair Proiect
CERTIFICATION REGARDING
SUSPENSION AND DEBARMENT
Instructions for Certification - Primary Covered Transactions:
(Applicable to all Federal -aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out
below.
b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation
in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the
certification set out below. The certification or explanation will be considered in connection with the department or
agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to
furnish a certification or an explanation shall disqualify such a person from participation in this transaction.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the department
or agency determined to enter into this transaction. If it is later determined that the prospective primary participant
knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause of default.
d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this
proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended," "' d,"ineligible," "lower tier covered transaction,"
"participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in
this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order
12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy
of those regulations.
f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by
the department or agency entering into this transaction.
g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," provided by the department or agency entering into this covered transaction, without modification, in all
lower tier covered transactions and in all solicitations for lower tier covered transactions.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of
Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by
the General Services Administration.
i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render
in good faith the certification required by this clause. The knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for
transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters
into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the department or
agency may terminate this transaction for cause or default.
08/05/09 BID PROPOSAL 00110-12
Palm Drive Bridge Repair Project
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION —PRIMARY COVERED TRANSACTIONS
1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a
public (Federal, State or local) transaction or Contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and
d. Have not within a 3-year period preceding this application/proposal had 1 or more public transactions (Federal, State
or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
Ck e
dv-
•
Firm Name: / , ► SAS C
Date: C, 09
Signature: V V
Printed Name: 1 "YC�v� �- �t Q 1 Y1 d
�l
Title: %e-S "" I
08/05/09 BID PROPOSAL 00110-13
Palm Drive Bridge Repair Proiect
CERTIFICATION REGARDING
SUSPENSION AND DEBARMENT
LOWER TIER TRANSACTIONS
Instructions for Certification - Lower Tier Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR
29)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department, or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," " rim
" " « » <. �p "primary covered transaction,"
"participant," person, principal, proposal, and `voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You
may contact the person to which this proposal is submitted for assistance in obtaining a copy of those
regulations.
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who
is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this transaction originated..
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier
Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
check the Nonprocurement List.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of participant is
not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to
the Federal Government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
08/05/09 BID PROPOSAL 00110-14
Palm Drive Bridge Repair Proiect
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION —LOWER TIER COVERED TRANSACTIONS:
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
participation in this transaction 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.
Finn Name: CV� ca✓ I e
Date: 9 -I
Signature:
Printed Name: '� ` P ` C7 1 V
Title: �Y- eSi p " �
��1
08/05/09 BID PROPOSAL 00110-15
Palm Drive Bridge Revair Project
DISADVANTAGED BUSINESS
ENTERPRISE PROGRAM
The Disadvantaged Business Enterprise Availability Goal
The Florida Department of Transportation has a race neutral Disadvantaged Business Enterprise Program Plan
with an 8.1 % DBE availability goal. Race neutral means that FDOT does not assign individual goals to each
project, but it attempts to achieve the goal through the normal competitive procurement process. To achieve
this goal FDOT encourages contractors to obtain bids from Certified Disadvantaged Business Enterprises.
This DBE availability goal percentage is not a mandatory contract specification, but it is a guide to inform the
contractor of the work that could reasonably be contracted to a DBE. For this project, Monroe County will
comply with the guidelines of Florida's Department of Transportation Disadvantaged Business Enterprise
Program, adopt the FDOT DBE availability goal of 8.1 %, and encourage contractors to obtain bids from
Certified Disadvantaged Business Enterprises to meet the 8.1 % DBE availability goal. The DBE availability
goal is not a mandatory contract specification, but is a guide to inform the contractor of the work that could
reasonably be contracted to a DBE.
CONTRACTOR REQUIREMENTS
General: Prior to award of the Contract, have an approved DBE Affirmative Action Program Plan filed with
the Equal Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded
until the Department approves the Plan. The DBE Affirmative Action Program Plan and commitment to carry
out the Plan must be incorporated into and become a part of the awarded Contract. Failure to keep these
commitments will be deemed noncompliance with these Specifications and a breach of the Contract. Take all
necessary and reasonable steps to ensure that FDOT Certified Disadvantaged Business Enterprises, as defined
in 49 CFR Part 26 and DOT Rule Chapter 14-78, have the opportunity to participate in, compete for and
perform subcontracts. Do not discriminate on the basis of age, race, color, religion, national origin, sex or
disability in the award and performance of DOT assisted Contracts.
Plan Requirements: Include the following in the DBE Affirmative Action Program Plan:
A, A policy statement, expressing a commitment to use DBEs in all aspects of contracting to the maximum
extent feasible. The policy making body must issue a policy statement signed by the chairperson, which
expresses its commitment to utilize DBEs, outlines the various levels of responsibility, and states the
objectives of the program. Circulate the policy statement throughout the Contractor's organization.
B. The designation of a Liaison Officer within the Contractor's organization, as well as support staff,
necessary and proper to administer the program, and a description of the authority, responsibility, and duties of
the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing, managing,
and implementing the program on a day-to-day basis for carrying out technical assistance activities for DBEs
and for disseminating information on available business opportunities so that DBEs are provided an equitable
opportunity to participate in Contracts let by the Department. Use techniques to facilitate DBE participation in
contracting activities which include, but are not limited to:
1. Soliciting price quotations and arranging a time for the review of plans, quantities, specifications,
and delivery schedules, and for the preparation and presentation of quotations.
2. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding,
financing, or technical assistance.
3. Carrying out information and communication programs or workshops on contracting procedures
and specific contracting opportunities in a timely manner, with such programs being bilingual where
appropriate.
4. Encouraging eligible DBEs to apply for certification with the Department.
08/05/09 BID PROPOSAL 00110-16
Palm Drive Bridge Repair Proiect
5. Contacting Minority Contractor Associations and city and county agencies with programs for
disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to
apply for certification with the Department.
DBE Records and Reports: Submit the Anticipated DBE Participation Statement at or before the Pre -
Construction Conference. Report monthly, through the Equal Opportunity Reporting System on the
Department's Website, actual payments, retainage, minority status, and work type of all subcontractors and
major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a
record keeping system to monitor DBE affirmative action efforts which include the following:
A. The procedures adopted to comply with these Specifications;
B. The number of subordinated Contracts on Department projects awarded to DBEs;
C. The dollar value of the Contracts awarded to DBEs;
D. The percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the
total Contract amount;
E. A description of the general categories of Contracts awarded to DBEs; and
F. The specific efforts employed to identify and award Contracts to DBEs.
Upon request, provide the records to the Department for review. All such records are required to be maintained
for a period of five years following acceptance of final payment and have them available for inspection by the
Department and the Federal Highway Administration.
Firm Name: C' 1 CA.1-` 2 -IC) 0 cq sOV) S
Date: I I C) G
Signature:
Printed Name: `�Ci�V� V\ C)FfII (�
Title: T:re S Ie-Vit
08/05/09 BID PROPOSAL 00110-17
Palm Drive Bridge Repair Project
EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to
discriminate and to take affirmative action to assure equal opportunity as set forth under laws,
executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the
Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the Contractor's
project activities under this Contract. The Equal Opportunity Construction Contract Specifications
set forth under 41 CFR 604.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this
Contract.
In the execution of this Contract, the Contractor agrees to comply with the following minimum
specific requirement activities of EEO:
A. The Contractor will work with Monroe County, the State highway agency (SHA) and the Federal
Government in carrying out EEO obligations and in their review of his/her activities under the
Contract.
B. The Contractor will accept as his operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees
are treated during employment, without regard to their race, religion, sex, color, national
origin, age or disability. Such action shall include: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship, pre -
apprenticeship, and/or on-the-job training."
EEO Officer: The Contractor will designate and make known to Monroe County, the SHA
contracting officers an EEO Officer who will have the responsibility for and must be capable of
effectively administering and promoting an active Contractor program of EEO and who must be
assigned adequate authority and responsibility to do so.
Dissemination of Policy: All members of the Contractor's staff who are authorized to hire,
supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will implement, the
Contractor's EEO policy and Contractual responsibilities to provide EEO in each grade and
classification of employment. To ensure that the above agreement will be met, the following actions
will be taken as a minimum:
A. Periodic meetings of supervisory and personnel office employees will be conducted before the
start of work and then not less often than once every six months, at which time the contractor's EEO
policy and its implementation will be reviewed and explained. The meetings will be conducted by
the EEO Officer.
B. All new supervisory or personnel office employees will be given a thorough indoctrination by the
EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days
following their reporting for duty with the Contractor.
08/05/09 BID PROPOSAL 00110-18
Palm Drive Bridge Repair Project
C. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO
Officer in the Contractor's procedures for locating and hiring minority group employees.
D. Notices and posters setting forth the Contractor's EEO policy will be placed in areas readily
accessible to employees, applicants for employment and potential employees.
E. The contractor's EEO policy and the procedures to implement such policy will be brought to the
attention of employees by means of meetings, employee handbooks, or other appropriate means.
Recruitment: When advertising for employees, the Contractor will include in all advertisements for
employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed
in publications having a large circulation among minority groups in the area from which the project
work force would normally be derived.
A. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and
direct recruitment through public and private employee referral sources likely to yield qualified
minority group applicants. To meet this requirement, the contractor will identify sources of potential
minority group employees, and establish with such identified sources procedures whereby minority
group applicants may be referred to the Contractor for employment consideration.
B. In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall
referrals, he is expected to observe the provisions of that agreement to the extent that the system
permits the contractor's compliance with EEO Contract provisions. (The DOL has held that where
implementation of such agreements has the effect of discriminating against minorities or women, or
obligates the Contractor to do the same, such implementation violates Executive Order 11246, as
amended.)
c. The Contractor will encourage his present employees to refer minority group applicants for
employment. Information and procedures with regard to referring minority group applicants will be
discussed with employees.
Personnel Actions: Wages, working conditions, and employee benefits shall be established and
administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer,
demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national
origin, age or disability. The following procedures shall be followed:
A. The Contractor will conduct periodic inspections of project sites to insure that working conditions
and employee facilities do not indicate discriminatory treatment of project site personnel.
B. The Contractor will periodically evaluate the spread of wages paid within each classification to
determine any evidence of discriminatory wage practices.
C. The Contractor will periodically review selected personnel actions in depth to determine whether
there is evidence of discrimination. Where evidence is found, the Contractor will promptly take
corrective action. If the review indicates that the discrimination may extend beyond the actions
reviewed, such corrective action shall include all affected persons.
D. The Contractor will promptly investigate all complaints of alleged discrimination made to the
Contractor in connection with his obligations under this Contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a reasonable time. If the investigation
08/05/09 BID PROPOSAL 00110-19
Palm Drive Bridge Repair Proiect
indicates that the discrimination may affect persons other than the complainant, such corrective
action shall include such other persons. Upon completion of each investigation, the Contractor will
inform every complainant of all of his avenues of appeal.
Training and Promotion:
A. The Contractor will assist in locating, qualifying, and increasing the skills of minority group and
women employees, and applicants for employment.
B. Consistent with the Contractor's work force requirements and as permissible under Federal and
State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on-
the-job training programs for the geographical area of contract performance. Where feasible, 25
percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or
training. In the event a special provision for training is provided under this Contract, this
subparagraph will be superseded as indicated in the special provision.
C. The Contractor will advise employees and applicants for employment of available training
programs and entrance requirements for each.
D. The Contractor will periodically review the training and promotion potential of minority group
and women employees and will encourage eligible employees to apply for such training and
promotion.
Unions: If the Contractor rclics in wholc or in part upon unions as a sourcc of cmployccs, the
Contractor will use his/her best efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women within the unions, and to effect referrals by such unions
of minority and female employees. Actions by the Contractor either directly or through a
Contractor's association acting as agent will include the procedures set forth below:
A. The Contractor will use best efforts to develop, in cooperation with the unions, joint training
programs aimed toward qualifying more minority group members and women for membership in the
unions and increasing the skills of minority group employees and women so that they may qualify for
higher paying employment.
B. The Contractor will use best efforts to incorporate an EEO clause into each union agreement to
the end that such union will be contractually bound to refer applicants without regard to their race,
color, religion, sex, national origin, age or disability.
C. The Contractor is to obtain information as to the referral practices and policies of the labor union
except that to the extent such information is within the exclusive possession of the labor union and
such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify
to Monroe County and the SHA and shall set forth what efforts have been made to obtain such
information.
D. In the event the union is unable to provide the Contractor with a reasonable flow of minority and
women referrals within the time limit set forth in the collective bargaining agreement, the Contractor
will, through independent recruitment efforts, fill the employment vacancies without regard to race,
color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or
qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the
union with which the Contractor has a collective bargaining agreement providing for exclusive
08/05/09 BID PROPOSAL 00110-20
Palm Drive Bridge Repair Protect
referral failed to refer minority employees.) In the event the union referral practice prevents the
Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these
Specifications, such Contractor shall immediately notify the SHA.
Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The
Contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or
disability in the selection and retention of subcontractors, including procurement of materials and
leases of equipment.
A. The Contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations
under this Contract.
B. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity
to compete for and perform subcontracts which the Contractor enters into pursuant to this Contract.
The Contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or
subcontractors with meaningful minority group and female representation among their employees.
Contractors shall obtain lists of DBE construction firms from SHA personnel.
C. The Contractor will use his best efforts to ensure subcontractor compliance with their EEO
obligations.
Records and Reports: The Contractor shall keep such records as necessary to document compliance
with the EEO requirements. Such records shall be retained for a period of 3 years following
completion of the Contract work and shall be available at reasonable times and places for inspection
by authorized representatives of Monroe County, the SHA and the FHWA.
A. The records kept by the Contractor shall document the following:
1. The number of minority and non -minority group members and women employed in each
work classification on the project;
2. The progress and efforts being made in cooperation with unions, when applicable, to
increase employment opportunities for minorities and women;
3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading
minority and female employees; and
4. The progress and efforts being made in securing the services of DBE subcontractors or
subcontractors with meaningful minority and female representation among their employees.
B. The Contractors will submit an annual report to Monroe County and the SHA each July for the
duration of the project, indicating the number of minority, women, and non -minority group
employees currently engaged in each work classification required by the Contract work. This
08/05/09 BID PROPOSAL 00110-21
Palm Drive Bridge Repair Project
information is to be reported on Form FHWA-1391. If on-the-job training is being required by
special provision, the Contractor will be required to collect and report training data.
Firm Name: C Y \'AJ E' ' �
% �'� U cp ScMS —fit C
Date: t C) 9
Signature:
Printed Name:
O t�yl O
Title:
08/05/09 BID PROPOSAL 00110-22
Palm Drive Bridle Repair Project
CERTIFICATION REGARDING USE OF
CONTRACT FUNDS FOR LOBBYING
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 modification of any Federal Contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal Contract, grant, 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 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
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting his or her bid or proposal that he or she 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.
Finn Name: G� (ZA�e SC.1Y),s� C
Date: 9)9109
Signature:/
Printed Name:
Title:
08/05/09 BID PROPOSAL 00110-23
Palm Drive Bridge Repair Proiect
Please complete and mail or fax to:
Equal Opportunity Office
605 Suwannee St., MS 65
Tallahassee, FL 32399-0450
TELEPHONE: (850) 414-4747
FAX: (850) 414-4879
This information may also be included in your bid or proposal package.
Prime Contractor/Consultant:
Address/Telephone Number:
Bid/Proposal Number:
C p Sa
Sao --�
v�S
—� 2 nL1 l
- :�( C - - 'b_S -I
Quote Submitted MM/YR: 'S2 2np
49 CFR Part 26.11 requires the Florida Department of Transportation to develop and maintain a "bid opportunity list."
The list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT -assisted
contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts and materials supplies
on DOT -assisted projects, including both DBEs and non -DBEs. For consulting companies this list must include all
subconsultants contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime
contractors and consultants must provide information for Nos. 1, 2, 3 and 4 and should provide any information they
have available on Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants.
1. Federal Tax ID Number
2. Firm Name:
3. Phone:
4. Address:
5. Year Firm Established:
6. ❑ DBE
❑ Non -DBE
8.
❑
Annual Gross Receipts
Less
than $1 million
❑
Between $1 - $5 million
7. ❑ Subcontractor
❑
❑
Between $5 - $10 million
Between $10 - $15 million
❑ Subconsultant
❑
More than $15 million
1. Federal Tax ID Number. 6. ❑ DBE
2. Firm Name: ❑ Non -DBE
3. Phone:
4. Address.-
5. Year Firm Established:
1.
Federal Tax ID Number:
2.
Firm Name:
3.
Phone:
4.
Address.-
5.
Year Firm Established:
7. ❑ Subcontractor
❑ Subconsultant
6. ❑ DBE
❑ Non -DBE
7. ❑ Subcontractor
❑ Subconsultant
8.
Annual Gross Receipts
❑
Less than $1 million
❑
Between $1 - $5 million
❑
Between $5 - $10 million
❑
Between $10 - $15 million
❑
More than $15 million
8.
Annual Gross Receipts
❑
Less than $1 million
❑
Between $1 - $5 million
❑
Between $5 - $10 million
❑
Between $10 - $15 million
❑
More than $15 million
08/05/09 Hill PROPOSAL 00110-24
PALM DRIVE (BAYPOINT) BRIDGE REPAIR PROJECT
BID-ENG-253-112-2 009-P U R/C V
ADDENDUM NO. 1
August 20, 2009
This addendum forms a part of the Bid Documents and modifies supplements or replaces the
information contained in the Bid Documents for the above named project:
Question l: Please advise what is the engineers estimate or budget for the following project.
PALM DRIVE (BAYPOINT) BRIDGE REPAIR PROJECT SADDLEBUNCH KEY, MONROE
COUNTY, FLORIDA BID-ENG-253-112-2009-PUR/CV
Response: Monroe County does not provide an engineers estimate with bid documents
All other items remain as called for in the Bid Documents.
End of Addendum no.1.
PALM DR(VE (BAYPOINT) BRIDGE REPAddendum I
AIR PROJECT
Page I of I
PALM DRIVE (BAYPOINT) BRIDGE REPAIR PROJECT
BID-ENG-253-112-2009-P UR/C V
ADDENDUM NO. 2
September 2, 2009
This addendum forms a part of the Bid Documents and modifies supplements or replaces the
information contained in the Bid Documents for the above named project:
Question 1: Can you tell me or point me to someone who can tell me what is meant by the line
in the spec book for this project reading, "...proof that he is properly licensed to
conduct business in Monroe County as part of the bid proposal". This is on page
00100-3, Section 5.1 Item A, sub article 4. Is there some other licensing required of
a state licensed contractor in Monroe County? Any help clarifying this would be
greatly appreciated.
Response: Questions on contractor licensing in Monroe County should be directed to Ms.
Odalys Mayan, Monroe County Building Department, Phone # 305-289-2583.
Question 2: Would you clarify this information for me:
Page 00100-5 Instructions to bidders, Section 5AC "all permit fees will be waived."
Page 00750-6 General Conditions of the Contract. Section 3.7.1 "Contractor shall
secure and pay for all permits"
Response:. Monroe County has obtained the required Nationwide permit from the US
Army Corps of Engineers, which is customarily secured prior to execution of a
contract.
Section 00750-6, 3.7.1 states: "The Contractor shall secure and pay for all
permits, impact fees, governmental fees, licenses, inspections and survey
required by Federal, State, or Municipal bodies having jurisdiction over the
project for the proper execution and completion of the Work which are
customarily secured after execution of the contract and which are legally
required at the time bids are received. The Owner will not assess any County
building permit or County impact fees. The Contractor will be responsible for
any other building permit costs or impact fees required for this project. The
Contractor shall secure and pay for all building and specialty permits
including plumbing, electrical, HVAC, etc."
The Contractor is responsible for securing and paying fees for all other
inspections, specialty permits, etc. that may apply.
All other items remain as called for in the Bid Documents.
End of Addendum no.2.
Addendum 2
PALM DRIVE (BAYPOINT) BRIDGE REPAIR PROJECT
Page I of I
PALM DRIVE (BAYPOINT) BRIDGE REPAIR PROJECT
BID-ENG-253-112-2009-P UR/C V
ADDENDUM NO.3
September 3, 2009
This addendum forms a part of the Bid Documents and modifies supplements or replaces the
information contained in the Bid Documents for the above named project:
Question 1: Is there a way to get clear pictures of the bridge?
Response: Attached are some pictures of the bridge.
All other items remain as called for in the Bid Documents.
End of Addendum no. 3.
Addendum 3
PALM DRIVE (BAYPOINT) BRIDGE REPAIR PROJECT
Page 1 of l
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