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11/14/2007 Contract DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: December 7, 2007 TO: Dave Koppel, County Engineer Engineering Division Judy Clarke, Assistant ~ Engineer Isabel C. DeSantis. \ 'f Deputy Clerk y ~ A TTN: FROM: At the November 14, 2007, Board of County Commissioner's meeting the Board granted approval to waive irregularities and award secondary Disaster Response and Recovery Services Contract to AshBritt, Inc. Enclosed is a copy of the above-mentioned for your handling. Should you have any questions pl1ease do not hesitate to contact this office. cc: County Attorney Finance File AGREEMENT FOR CONTRACTOR SERVICES for Disaster Response and Recovery Services This Agreement ("Agreement") made and entered into this \ '-\ +.!- day of .N \) ~ "lIY\~ 2007 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND AshBritt. Inc.. a Corporation organized under the laws of Florida, and authorizEld to transact business in the State of Florida, whose address is 480 South Andrews Avenue. Suite 103. Pomoano Beach. Florida 33069 its successors and assigns, hereinafter referred to as "CONTRACTOR", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for Disaster Response and Recovery Services; and WHEREAS, CONTRACTOR has agreed to provide professional services which shall include but not be limited to providing disaster response services to respond to hurricanes, tornadoes, floods, mass migration, and other natural and manmade events, which services shall coll4~ctively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: FORM OF AGREEMENT ARTICLE I 1.1 REPRESENTATIONS, AND TERM OF AGREEMENT By executing this Agreement, CONTRACTOR makes the following express representations and wammties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been fully satisfied; 1.1.2 The CONTRACTOR has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by debris contractors and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONTRACTOR will prepare documents under this Agreement in accordance with industry standards and in a manner consistent with local. state, and federal reimbursement requirements known at the time; 1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with reljards to his performance and those directly under his employ. 1.1.5 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.6 At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants, or ag,ents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONTRACTOR shall not discriminate against any person on the basis of race, creled. color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this aglreement. 1.1.8 The effective date of this agreement shall be~ /...f- /07 The term of the agreement shall be for a five (5) year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT for one (1) additional five (5) year period at the same terms and conditions with approval from the COUNTY'S Governing Board. Such extension shall be in the form of a written Amendment to the AGREEMENT executed by both parties. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A. The CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon his n~ceipt of a written notice to proceed from the COUNTY. The notice to proceed will be in the form of a task order and must contain a description of the services to be performed, the rate/compensation for services, and the time within which services must be performed. This claus,a does not restrict the COUNTY from utilizing its own personnel and equipment or the personnel and/or equipment of municipalities in the County, the personnel and/or equipment of other governmental entities or of any other entities or contractors when the services pl~rformed by those entities can be performed with greater speed or less cost to the COUNTY. 2 2.2 NON..EXCLUSIVE CONTRACT AND AGREEMENT TO COOPERATE The CONTRACTOR agrees that they will be the secondary contractor for the scope of services under this contract and that this is not an exclusive contract. CONTRACTOR agrees that they will be called in to perform work under the contract at the discretion of the COUNTY. CONTRACTOR further agrees that this agreement does not restrict the COUNTY from utilizing its own personnel and equipment or the personnel and/or equipment of municipaliities in the County, the personnel and/or equipment of other governmental entities or of any other entities or other contractor( s) when the services performed by those entities can be perforrned at the discretion of the COUNTY with greater speed or less cost to the COUNTY. In the event that COUNTY determines that it will bring in CONTRACTOR as a secondary contractor to perform portions of the work, as defined in the scope of work, the assignment of the work will be done by task order at the sole discretion of the COUNTY. The CONTRACTOR agrees that COUNTY shall first consult with the primary contractor before work is assigned to CONTRACTOR and not until COUNTY determines that the primary contractor is unable to perform the work will CONTRACTOR be assigned portions of the work. At all times the CONTRACTOR agrees not to exceed the scope of the work ~IS detailed in the task order, and agrees that assignment by task order of specific wlDrk does not constitute the reassignment of the entirety of the scope of work to CONTRACTOR by COUNTY. It shall be the responsibility of CONTRACTOR to cooperate with the work of the other contractor(s) or entities to complete the work. 2.3 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES Due to thEI emergency nature of the scope of work, the COUNTY may terminate the agreement for cause if the CONTRACTOR persistently refuses or fails to supply enough properly slkilled workers, material, or equipment, and/or disregards laws, ordinances, rules regulations or orders of a publiC authority having jurisdiction or is otherwise is guilty of substantial breach of any provision of the Contract Documents. When any of the above rea:sons exist, the COUNTY shall give written notice to the CONTRACTOR of intent to tElrrninate and the CONTRACTOR shall have five (5) days to cure the breach. If the breach is not cured to the satisfaction of the COUNTY, the agreement is terrninated and the COUNTY has the right to complete the agreement in any manner that it chooses. 2.4 NCITICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or perrnitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. David S. Koppel, P.E. Monroe County Engineer 1100 Simonton Street, Room 2-215 Kell West, Florida 33040 3 And: MI'. Thomas Willi Mi)nroe County Administrator 1100 Simonton Street, Room 2-205 KElY West, Florida 33040 For the CONTRACTOR: John Noble Chief Operating Officer Ash Britt, Inc. 48.0 South Andrews Avenue, Suite 103 Pompano Beach, Florida 33069 ARTICLE III ADDITIONAL SERVICES 3.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the COUNTY as an addition to the compensation paid for the Basic Se,rvices but only if approved by the COUNTY before commencement, and are as follows: A. Providing services of CONTRACTOR's for other than the previously listed scope of thEl Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted practice. C. Providing representation before publiC bodies in connection with the Project, upon approval by COUNTY. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONTRACTOR. The CONTRACTOR shall respond with a fee proposal to perform the requested selrvices. Only after receiving an amendment to the. Agreement and a notice to proceed from the COUNTY, shall the CONTRACTOR proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 Thl~ COUNTY shall provide full information regarding requirements for the Project inclluding physical location of work, county maintained roads, maps. 4.2 Thl~ COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONTRACTOR in order to avc,id unreasonable delay in the orderly and sequential progress of the CONTRACTOR'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the Project or non- 4 conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its subcontractors shall be solely for the purpose of determining whether such documents arE~ generally consistent with the COUNTY's criteria. as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the wQlrk. 4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The COINTRACTOR covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connElction with, or by reason of services provided by CONTRACTOR or its Subcontr;~ctor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants ,~nd agents. In the ev'~nt that the completion of the project (to include the work of others) is delayed or suspendEld as a result of the CONTRACTOR's failure to purchase or maintain the required insurancEl, the CONTRACTOR shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR hold the County h<~rmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the indemnification provided for above. The extelnt of liability is in no way limited to, reduced, or lessened by the insurance requiremElnts contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. 5 ARTICLE VI PERSONNEL 6.1 PERSONNEL CONTRACTOR shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily provided by a comparable professional under similar circumstances. The CONTRACTOR shall assign only qualified personnel to perform any service concerning the projec~. The CONTRACTOR warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A and Pricing Schedules A through G. 7.1.2 RSltes shown in Attachment A and Pricing Schedules A through G are inclusive of reimbursable expenses. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONTRACTOR shall be paid monthly. (A) If the CONTRACTOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward; (B)i As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered. Invoices must reference the task order number and dates of services rendered. Invoices shall be of appropriate audit quality and contain detail to satisfy the requirements of any Federal or State agency, which may provide potential reimbursement of the costs associated with this Agreement. The CONTRACTOR'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. (C) If such state or federal agencies require additional explanation or an adjusted format of the information submitted, CONTRACTOR will make reasonable and necessary changes and provide appropriate personnel as required to work and negotiate with such agencies on the COUNTY's behalf. (D) Each invoice shall be delivered to: 6 Monroe County Board of County Commissioners 1100 Simonton Street, Room 2-215 Key West, Florida 33040 Attn: County Engineer 7.3 BUDGET 7.3.1 Thl9 CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of tho COUNTY's Board of County Commissioners. 7.3.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of thel project (to include 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. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or belter, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONTRACTOR shall obtain and maintain the following poliCies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket 7 Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Pollution liability insurance of Five Million Dollars ($5,000,000.00) per occurrence and Ten Million Dollars ($10,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONTRACTOR'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONTRACTOR if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. H. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONTRACTOR partiCipates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of refl~rence 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. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS Thl~ 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. 9.3 SUCCESSORS AND ASSIGNS The, CONTRACTOR shall not assign or subcontract its obligations under this agr,eement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONTRACTOR, which approval shall be 8 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. 9.4 NC) THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its int.ention to do so. 9.6 CCINTRACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONTRACTOR'S response to the RFP, all bid clarifications prOVided by CONTRACTOR, the documents referred to in the Form of Agreement as a part of this Agreement, attachments A, B, C, Pricing Schedules A thr'Dugh G and modifications made after execution by written amendment. In the event of .any conflict between any of the Contract documents, the one imposing the greater burden on the CONTRACTOR will control. 9.7 PUBLIC ENTITIES CRIMES 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 contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a publiC building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the thmshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY T'I'v'O for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and rec'Dvery 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 det'9rmination, 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" 9 rEl!gardless of the amount of money involved or whether CONUSUL T ANT has been placed on the convicted vendor list. CClNTRACTOR 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 pl:aced on the convicted vendor list. 9.8 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. Records shall be retained for a period of five years from thl~ termination of this agreement. Each party to this Agreement or its 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 four 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 auth'Jrized by this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies tOllether with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. The CONTRACTOR shall maintain the originals of documents required for federal audits of the County's submission for federal disaster reimbursements. 9.9 GOVERNING LAW, VENUE,INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of thEt 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, COUNTY and CONTRACTOR agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall noli be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Porida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 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 Sh~lll 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. 9.11 ATTORNEY'S FEES AND COSTS ThEt 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 10 enforcement or interpretation of the Agreement, the prevailing party shall be entitled to re;8sonable 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. 9.12 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. 9.13 AUTHORITY ESlch 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. 9.14 Cl.AlMS 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. 9.15 A[)JUDICATlON OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements 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 mElet and confer session, the issue or issues shall be discussed at a public meeting of thEI Board of County Commissioners. If the issue or issues are still not resolved to the saltisfaction 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 9.5 concerning termination or cancellation. 9.16 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 participate, to the extent required by the other palty, 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. 9.17 NONDISCRIMINATION CONTRACTOR and COUNTY 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 COLlrt order. CONTRACTOR or COUNTY agrees to comply with all Federal and Flolnda statutes, and all local ordinances, as applicable, relating to nondiscrimination. ThElse 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 national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 11 16;85-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the RElhabilitation 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 patient 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 may be 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 idElntity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its pelrformance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 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. 9.20 NO SOLICITATION/PAYMENT ThEl CONTRACTOR and COUNTY 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 fidEl 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. 9.21 PUBLIC ACCESS. The, CONTRACTOR and COUNTY 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 CONTRACTOR and COUNTY in connection with this Agreement; 12 and the COUNTY shall have the right to unilaterally cancel this Agreement upon viQlation of this provision by CONTRACTOR. 9.22 NiON-WAlVEROF IMMUNITY NQtwithstanding the provisions of Sec. 768.28. Florida Statutes, the participation of the CONTRACTOR and the COUNTY 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. 9.23 PRIVILEGES AND IMMUNITIES Alii 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. 9.24 LE,GAL 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 re!.ponsibility 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 off,ered in satisfaction of the obligation or responsibility. Further, this Agreement is not int'9nded to, nor shall it be construed as. authorizing the delegation of the constitutional or statutory duties of the COUNTY. except to the extent permitted by the Florida constitution. state statute. and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them. of this Aglreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agEmt, 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, infElrior to, or superior to the community in general 01' for the purposes contemplated in this Agreement. 9.26 ArrESTATlONS AND TRUTH IN NEGOTIATION CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- FreiS Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete. and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which 13 th,~ agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NC) 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. 9.28 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. 9.29 FE:DERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. 9.29.1 Dalvis-Bacon Act - In accordance with the Davis-Bacon Act, the CONTRACTOR or thElir 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.access.aoo.aov/davisbaconlfl.htmlunder Monroe County. 9.29.2 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal govemment issued thereunder, and the assurance by the CONTRACTOR pursuant thetreto. 9.29.3 Disadvantaged Business Enterprise (DBE) POlicy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not dis1criminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.29.4 Convict labor - The convict labor prohibition in 23 U.S.C. 114 applies to emergency repair projects. Convict labor cannot be used in emergency repair construction projects. 9.29.5 FHW A Form 1273 is attached hereto as Attachment B and made a part of this Agreement. 9.29.6 Thet requirements of 23 CFR Part 635.410 Buy America Requirements are attached herl~to as Attachment C and made a part of this Agreement. 14 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY:~~~' ~>>~ Deputy Clerk By: l\l\ Mayor/Chairman Date: \ l.- \ C\ - O. (Sea.!L :~~ Title:~r By: TitleCli 0 END OF AGREEMENT \J:> ..:r M , :c c.. c. r- ,.... I 1::.1 u lu :.. i Cl --,./ .- u.. = = ..... It.......;.: MONROE COUNTY ATTORNEY PROVED AS TO For W NATILEENE W. CASSEL SSISTANT COUNTY 1TTORNEY Date 11-5 -0 , ~") C.,.J _.. ,') --'i1...J u~;'~ - ~i 2-:5 :>: 15 ATTACHMENT A SCOPE OF BASIC SERVICES and PRICING In the eVE:nt of a disaster the work and documentation to be performed by the CONTRACTOR will consist of furnishing labor, materials and equipment to accomplish the following types of tasks, as ordered by the COUNTY. All disaster response and recovery :services shall be performed in compliance with FEMA and FHWA guidelines. Documentation and reports of work performed shall be in a form suitable for FEMA reimbursE:ment. The tasks may include, but are not be limited to: A. Emergency Debris Clearing from County Rights of Way and Facilities · Immediately after a disaster, provide all necessary equipment, tools and personnel to clear primary roads and criticalgovemment facilities of debris to allow emergency vehicles access to areas in need of assistance as directed by the County . Debris should be stacked along edge of pavement on the shoulder of the road and not blocking driveways, side streets or utilities of any kind. · Emergency Debris Removal may require loading the debris, hauling the debris to an approved temporary debris storage and disposal (TDSR) site. . Provide daily reporting to include cumulative, daily, and hourly statistics detailing type of equipment and personnel used. Pricing for Emergency Debris Clearing equipment shall be at the hourly rates detailed as follows (equipment operator included): Equipment Type Hourly Equipment Rate Bobc:at loader $65.00 Bucket Truck w/Operator $135.00 Crash Truck w/lmpact Attenuator $125.00 Doze,r, Tracked, D5 or similar $115.00 Dozer, Tracked, D6 or similar $125.00 Dozer, Tracked, D7 or similar $145.00 Dozer, Tracked, D8 or similar $165.00 Dump Truck, 18 CY-25 CY $70.00 Dump Truck, 25 CY-35 CY $75.00 Dump Truck, 35 CY-45 CY $80.00 Dump Truck, 50 CY or larger $90.00 Generator and lighting $17.50 Gradl~r w/12' Blade $120.00 Hydrslulic Excavator, 1.5 CY $115.00 16 Hydraulic Excavator, 2.5 CY $135.00 Knuckleboom Loader $145.00 Equipment Transport $90.00 Mobile Crane (Adequate for hanging limbs/leaning) $170.00 Pick.up Truck, .5 Ton $65.00 Truck, Flatbed $90.00 Water Truck $70.00 WhElel Loader, 2.5 CY, 950 or similar $125.00 WhElel Loader, 3.5 - 4.0 CY, 966 or similar $140.00 WhElel Loader, 4.5 CY, 980 or similar $160.00 WhElel Loader-Backhoe, 1.0 - 1.5 CY $95.00 Track Hoe, John Deere 690 or similar $125.00 Stump Grinder $120.00 30 ton or larger Crane $225.00 Labor rates for Emergency Debris Clearing and other work directed by County which require hourly billing shall be invoiced as follows: Labor Category Hourly Labor Rate Operations Manager w/cell phone and truck $125.00 Crew Foreman with w/cell phone and truck $79.50 Tree, Climber w / chainsaw $85.00 Lab()rers w / chainsaw $50.00 Lab()rers w / small tools, traffic control, flag person $30.00 B. Debris Removal and Disposal from County Roads and Facilities; . Provide all necessary equipment and personnel to load and haul eligible disaster-generated debris to an approved TDSR site. Eligible disaster- related debris will be sorted into clean vegetative, non-vegetative (C&D), seaweed, white goods, and household hazardous waste. · All debris shall be mechanically loaded and reasonably compacted. . Provide control of pedestrian and vehicular traffic in the work area, to include flag persons, signs or other devices necessary to ensure safe debris recovery operations . Provide daily reports on all debris recovery operations, to include all equipment and personnel used. The report shall detail daily and cumulative-to-date statistics on the number of truckloads, number of cubic yards of debris hauled, locations of completed work, and locations of current work for each type of debris recovered. · Identify landfills and/or other final disposal site(s) for all debris. . Haul debris from TDSR sites to final disposalsite(s) · Immediately investigate claims of damage to private property and/or County roads and rights-of-way due to debris operations and make repairs at no cost to the County 17 Unit Costs associated with collection and hauling of debris from County rights of way to TDSRs are on a per cubic yard (CYD) basis. Rates are inclusive of all ca,sts and shall be invoiced at the following rates: Descr! tion Collect & Haul Ve etative - ROW o miles 15 miles 1 Ei.1 miles - 30 miles >~IO miles Collect & Haul Non-Ve etative - ROW o miles -15 miles 1Ei.1 miles - 30 miles >30 miles Collect & Haul White Goods ROW o miles - 15 miles 15,.1 miles - 30 miles >3,0 miles Collect & Haul Hazardous Waste - ROW o miles -15 miles 15.1 miles - 30 miles >3,0 miles Collect & Haul Seaweed ROW o miles - 15 miles 15.1 miles - 30 miles >30 miles Dis osal of Animal Carcasses CYD $11.25 CYD $13.25 CYD $14.75 CYD $11.20 CYD $13.25 CYD $14.75 CYD $14.95 CYD $16.95 CYD $18.95 CYD $8.45 CYD $9.45 CYD $14.50 Per unit $160.00 C. MlInagement of Temporary Debris Storage and Reduction (TDSR) Sites . Provide sufficient personnel and equipment to operate multiple TDSR sites simultaneously within unincorporated Monroe County . Fully document pre-existing conditions at proposed TDSR sites with photographs and appropriate testing . Prepare each approved TDSR site to accept debris, to include clearing, erosion control, grading, construction and maintenance of haul roads and entrances and installation of inspection towers and security fencing . Establish site layout, including entrance, exit and intemal haul roads at each TDSR site · Provide all management, supervision, labor, machines, tools, and equipment necessary to accept, process, reduce, sort, and dispose of disaster related debris. . Provide at least one inspection tower at each TDSR site constructed to pre-approved specifications . Vegetative debris reduction shall be performed by chipping I grinding only · Ensure all debris is properly staged and sorted. . Provide daily and cumulative-to-date reports for each TDSR site and inspection tower . . Ensure TDSR sites are secure and not accessible by the public during operation and after working hours · Operate TDSR in a manner to minimize disruption to local area; provide dust suppression if necessary. 18 · After all debris has been reduced and hauled to final disposal site, perform site restoration and closeout, to include removal of site equipment (temporary toilets, inspection towers, security fence, etc) and restore the site to pre-work conditions Costs related to testing to establish TDSR site initial conditions, site mobilization, and site restoration shall be invoiced at CONTRACTOR cost with no mark-up. Unit costs for TDSR site management and debris reduction are on a per cubic yaJd basis. Costs are inclusive of all work required to manage and reduce debris, except as noted above, (freon removal from white goods is a separate, per unit cost), and shall be invoiced as follows: Oescri tion TDSR Site mana ement $5.75 $5.95 $16.25 $5.95 $5.75 Ve etativl3 Non-Ve etative White oClds Household Hazardous Waste Seaweed Freon removal from white goods shall be invoiced at $62.50 per unit from which Freon is removed; the price for Freon removal includes transport and disposal of Freon at an approved disposal site. Prices for Haul out of reduced debris to Final Disposal site shall be all inclusive and shall be invoiced on a per cubic yard basis as follows: Oescri tion Haul-out Reduced Debris to Final Dis o - 30 mil'3s 30- 60 miles 60-100 miles 100-130 miles > 130 miles CYD CYD CYD CYD CYD $5.50 $6.95 $8.95 $10.50 $14.95 D. Contractor will identify final disposal locations for all debris classes. Costs associated with landfill tipping fees will be a pass through cost; the CONTRACTOR will invoice the COUNTY at actual cost, without any additional fees. Wherever possible, recycling, or other approved re-use facilities (ie, for metals) will be identified in order to reduce disposal costs. E. Beach Sand Screening and Replacement Provide all necessary equipment and personnel to sc:reen all sand to remove debris deposited by an event. This task includes the pick-up of debris laden sand, hauling debris laden sand to the processing screen located on the beach, processing the debris laden sand and returning clean sand to the approximate origlinallocation on the beach as directed by the COUNTY. Debris removed from sand will be picked up, hauled and processed based on scope of work and unit prices for debris removal from COUNTY rights of way. 19 The cost associated with collection, screening and returning sand to the beach shall be invoiced at $8.65 per cubic yard. F. Right of Entry Work As; directed by the COUNTY, the CONTRACTOR will provide labor, equipment and materials to clear vegetative debris from private property, and demolish and remove non-vegetative debris from private property. Work may include trimming limbs and trees that present a hazard, clearing debris from private property and hauling it to the closest public right of way. Work will not proceed until appropriate rights of enfry forms and hold harmless agreements are obtained. The following rates apply for right of entry work: Ve'getative debris - $8.00 per cubic yard Non-vegetative debris - $9.00 per cubic yard G. Tree and Limb Removal . Provide all equipment, tools and personnel to safely remove hazardous leaning trees, hanging tree limbs as directed by Monroe County · Provide control of pedestrian and vehicular traffic in the work area, to include flag persons, signs or other devices .necessary to ensure safe treellimb removal operations . Ensure that strict Right-of-Entry procedures are followed for any hazardous tree or limb removal operations or performed which affect private property. · As directed by the County, remove all hazardous tree stumps, both uprooted and intact The cost of Tree and Limb removal shall be invoiced at the hourly rates for equipment and labor. Tree Stump removal shall be invoiced as follows: Oescri tlon Hazardous Stum Removal stum diameter Less than 6 inches 6 inches < Stum < 12 inches 12 inches < Stum < 24 inches 24 inches < Stum < 48 inches 48 inches < Stum Per Stum Per Stum Per Stum Per Stum Per St'Jm $50.00 $110.00 $275.00 $400.00 $550.00 H. Logistical and Recovery Operation Services The CONTRACTOR shall supply Logistical and Recove(y Services as directed by the COUNTY, during the emergency event. Invoicing for Logistical and Recovery ServiCEls shall and equipment shall be as noted on the referenced pricing schedule for each service, or as noted below: · General procurement and logistics from tents to meals ready to eat (MRE), all emergency and support items purchased, warehoused, and delivered (Pricing Schedule A) 20 · Provide temporary housing, restroom, shower and laundry facilities for emergency workers to include related supplies, services, and maintenance (Pricing Schedule A) . Goneral (temporary) warehousing and support (Pricing Schedule H) . Temporary offices, mobile command centers, accommodations and support (Pricing Schedule B) · Emergency generator services with licensed electrician support to specified faGilities to include hauling, installing, servicing and removal (Pricing Schedule C) · ICEI, water and fuel delivery and distribution services to specified facilities (Plrlcing Schedule 0) · Provide for hazardous waste recovery, disposal and remediation in flooded environments, including canals, to include permitting, testing and related selrvices. (Pricing Schedules E and 1'") · Provide emergency satellite telephone service and/or other necessary communication resource (Pricing Schedule G). . Recovery and destruction of dead fish, animals, and livestock - $2.75 per pound rec;overed and destroyed. . Provide emergency clinics and support personnel (Pricing Schedule A). REMAINDER OF PAGE INTENTIONALLY BLANK 21 PRICING SCHEDULE A Dls..wr Rupons.1l1In C.-npsICOIltfort Services Pliu SclMdul. 51_IRa Cu~ 1 - HIB-Man Dormitory SinJ<;tUfTI Wood Floor w( New Carpeting Air Conditioning (AlC Units Also Capable of Supplying Heat If Ne4tOed) Power Generation Metal Halide Lighting Package 168 M11-5pec COIS 2-PefSonnel~ Up to 4 Weeks Rental 1 - 200-M1I1l Tension Tent Wood Floor wi New C8fJMJUng Air Conditiorllng (AIC Units Also Capable of Supplying Heat If Needed) Power Generation Metal HaUcIe lighting Package 200 Mil-5pec Cots 2 - Pernoonel Doors Up to 4 Weeks Rental Unit Rental Pliee S 158,276.40 Dinino 11":101::1111:1.. 1 - Dining Structlofll for 500 Wood Floor wi EventPro Flooring Air Conditioning (AIC UnltI Also Capabkl of Suppl)ing Heat If Needed) PoW$( Generatlon MetalHalldeUgtltlngPack.age 2 - Personnel Door& 64 - 8' Banquet Tables 512 Folding Chairs Up to 4 Weeks Rental Unit Rental Price S 183,208.50 Unit Rental Price S 120,736.80 1 - Dining Structure for 360 Wood Flocf wi EllootPro Flooring IW ConditIoning (AlC Unita Also Capable of Supplying Heat If Needed) Power Generation Metal Halide UghUng Package 2 - PetSOnnel DooB 44 - 8' Banquet T abIN 352 Folding Char. Up to 4 Weeks Rental UnIt Rental Plice S 90,749.40 R..tmom F.dlll:l.. Portable Toilet Fadit1e8 Dally Cleaning & Storvice 4 - Weeks Rental Pricefor15O+PersonCamp_ S Pnce fO( 25C-Person Camp - S Pnc.for~Camp. S 18.988.74 30.673.74 6O,11f5.25 Shower Faclllti_ 1 . 14 Head Shower Trailer Unit Prollides Shower Service for 350 PeopI<a Each Unit Contains: Prlvate Changing Stalls & 36" x 36" Shew<< SlaIlI Propane-ftred boilw system On-board water storage Air Conditioning TraahRe<:eptacles Up to 4 Weeks Rental Unit Rental Price $ 90,405.00 laundrY FacJlllv 1 - 7 Unit Laundry Trail8f Each Unit Contains; 7 - Top load Washer Uni\$ e - front L.oad Dryer Units Hot and Cold Waler AirConditionWig Folding Table Trash Receptacles Up to 4 Weeks Rental Unit Rental Price $ 90,405.00 Cost Plus Servl~ Site Prepar.tion C~l .23% Fuel for Generators Coat .23% Fresh Water Cost .23% Grey and Black Water Removal Cost +2:~% Emergency Clinics and Support Personn'flf CosI +23% ja Nole(s): All pricing above assu,,",s seM:es for disaeter/ttr'ltt'genCysltuations. AI pricing is for a minimum one-month rental. Quote includes all non-union labor and equipment netlcIed for Installation and take down of .tructure.. Quote assumee staklng into level aspha/l or gtQS surfac., pIOVided fr.. of obatructlon with direct aemi-tnJdl. ace..s within SO' of work sit.. Applicable sales taxes, pennits, and fuellUl'Chargel 8l'& not Included. ThlI proposal is subfec:1 to equipment availability at the time the notle. to proceed is issued. ""'/lrill."e PRICING SCHEDULE B Chemical Toilets Price Schedule Rate Port-o-Iet(perunit) $ 1,180.00 $ 1,451.40 permonth . Includes delivery/set up, daily service, equipment rental, and pick up/breakdown Temporary OffIce, Mobile Command Center Price Schedule Single Unit Dimensions: Width = 8', Unit Length = 20' GaiEiQory Setup Fee: Singlo Unit Rate $ 1,414.50 $ 491.52 Unit one time per month Single Unit Dimensions: Width = 8', Unit Length = 28' Category Setup Fee: Single Unit Rate $ 1,574.40 $ 600.32 Unit one time per month Single Unit Dimensions: Width = 10', Unit Length = 24' Category Setup Fee: Single, Unit Rate $ 2,097.15 $ 760.32 Unit one time per month AshBrin, Inc. Generators 25 kW Generator 56 kW Generator 100 kW Generator 175 kW Generator 250 kW Generator 320 kW Generator 500 kW Generator 800 kW Generator 1000 kW Generator 1500 kW Generator Notes: Ash Britt, Inc. PRICING SCHEDULE C Per Day (24 hrs) $ 638.00 $ 1,032.00 $ 1,600.00 $ 2,196.00 $ 2,721.13 $ 3,039.00 $ 3,750.00 $ 6,304.00 $ 7,608.00 $ 8,870.00 Per Week $ 2,056.00 $ 3,927.00 $ 6,298.00 $ 9,050.00 $ 10,711.05 $ 11,761.00 $ 13,812.00 $ 21,535.00 $ 25,887.00 $ 30,172.00 1. Cables and distribution boxes not included 2. Min. usage charge 1 day PRICING SCHEDULE D Emergency Drinking Wllter, Ice and Fuel Price Schedule. Drinking Water 8.45 OZ. (250 mL) Units - 27 Units/Case (9 x 3 Packs/case) 135 Cases/Pallet ~ 135-675 810-1350 1485-1500 ~ 1-5 6-10 11-20 1 Liter (1oo0mL) Units -1:2 Units/Case 75 Cases/Pallet ~ 75-375 450-750 825-1500 ~ 1-5 6-10 11-20 Prices are F.O.B. Miami, H or West Palm Beach, FL Ice Supply Rate: Cost plus 23%. "To be determined, pending FEMA negotiations with national vendors. Fuel Delivery Rate: Market price TBD, Cost pillS 23%. Description of service: PricelCase $ 8.55 $ 8.30 $ 8.12 PricelCase $ 9.78 $ 9.35 $ 9.10 Per Unit $ 0.32 $ 0.31 $ 0.30 Per Unit $ 0.81 $ 0.78 $ 0.76 Per Pallet $ 1,154.05 $ 1,120.84 $ 1,095.93 Per Pallet $ 733.39 $ 701.10 $ 682.65 A self contained generator powered system designed to meet the emergency fuel response needs of government and commercial entities. This unit combines high volume fuel dispenSing capabilities along with maximum portability features. Features: -Total fuel storage capacl~f-12,OOO gallons (One10K tank and two 1K tanks) -Tanks are dual walled (secondary containment) & are Flameshield NFPA 30 rated. -Mounted on a 53' drop deck trailer -Six high volume fueling points with hoses on reels -Fueling points have meteI' registers -Grounding cable for vehicle re-fuellng -20KW diesel generator -Lights for night fueling -No special transportation permits required -Equipped with spill response kits. -Air compressor -Lubricants storage tank with dispenser Note: Units subject to avalla.bility. Ash8ritt,lnc. PRICING SCHEDULE E Haz:ardous Materials Labor Schedule Labor Rates Title Level Abbr. Hourlv Rate Proiect Manaaer Upper Level ULM $216.85 Mid Level Manaoer Middle Level MLM $161.30 Professional UDDer Level ULP $151.49 Middle Level MLP $116.15 Lower Level LLP $92.32 Technical UDDer Level ULT $97.61 Middle Level MLT $73.66 Lower Level. LLT $52.80 Secretarial I Clerical $71.68 EQuipent Operator $59.90 Laborer $43.90 Per diem $135.58 AshBritt, Inc. r. ~ .. ~ Q ;j U CI.l " Z - U ~ .. :; j .c u II) .. ii 'r:: .. OJ :IE ~ .. E Q. 'S r:r w .. ii or:: ~ :IE .. ~ o -e S :x: O'l N ~ N O'l <"> (0 O'l ~ ~ ~ O'l O'l O'l 81 .... ~ It) O'l ~ ~ co O'l .... <"> co ~ ~ q ~ ~ q "1 ~ "l ~ "1 It) "l ~ ~ ~ ~ ~ or: ~ O'l ~ .... O'l <"> ~ N Sl .... O'l N (0 .... N .... .... It) O'l ~ .... 0 <"> It) ~ It) .... oi oi <"> '" <"> ~ <"> It) ~ 0 N (0 (0 (0 .... It) <"> It) ~ CO ~ <"> ~ *' ~ *' N N ~ q ~ N ~ ~ .... ~ 0 ~ ~ <"> <"> <"> ~ N N N + + + ~ U; U; 0 0 ... .,. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... U U U ... ... I~ ~ I~ ~ ~ ~ ~ ~ ~ I~ ~ I~ I~ ~ I~ I~ ~ I~ ~ I~ g !~ I~ "fi I~ "fi "fi I~ ~ I~ ::> "0 0 Cll Cll Cll C (.) C C c it! c :r c c c c c c c c c c c c u. C C W C W W C C c .9 ~ .. l!! E .. ~ la "E II) 11 :0 II) ~ ~ c ~ Cll ! Cll ~ U C '" "0 .. .. 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II) -Sa:: o .. >.2 c: 0 <Cz ] " ;5 "" < PRICING SCHEDULE F (CONTI Service Deserlptlon ISize or~ ,VIM ~Vnlt PrIce H.avy Equlpm.nJ (up.rator,fUel, maint.nanc. incluaed) Skid Steet LoadefiMini-Loader) Bobcat Hour $68.00 Backhoe Cat 416 Hour $95.00 Backhoe, Extend-a-hoe Cat Hour $110.00 Wheel Loaders Cat 950 Hour $124.50 Wheel Loaders Cat 966 Hour $140.00 Wheel Loaders Cat 980 Hour $160.00 Tracked Loader Cat 955 Hour $125.00 Towed Loader wI Tractor Prentice 210 Hour $140.00 Self Loadilljl Knuckle boom Truck 25-35 CY Body Hour $135.00 Self Loadinll Knuckle boom Truck 35-45 CY Body Hour $165.00 Dozer Cat D4 Hour $105.00 - $115.00 Dozer Cat D5 Hour Dozer Cat D6 Hour $125.00 Dozer Cat D7 Hour $145.00 Dozer Cat D8 Hour $165.00 Excavators Cat 320 Hour $115.00 Excavators Cat 325 Hour $130.00 Excavators Cat 330 Hour $150.00 Tractor wI Box Blade 80 f!1>.. Hour $45.00 Motor Grader Cat 1200 Hour $120.00 30 Ton Crane 30 Ton Hour $225.00 Bucket Truck Up to 50' reach Hour $135.00 Bucket Truck 50' to 75' reach Hour $]50.00 Trash Transfer Trailer wI Tractor ] 10 Yard Hour $125.00 Mechanized Broom Street Sweeper Hour $75.00 Water Truck 2000 Gallon Hour $70.00 Service Truck N/A Hour $70.00 ~ Grinder Venneer 252 Hour $85.00 Stump Grinder Vermeer 752 Hour $120.00 Stump Grinder Venneer 60TX Hour $135.00 Chipper w/2 man crew Morbark Storm Hour $125.00 12-Foot Tub Grinder Morbark 1200 Hour $395.00 13-Foot Tub Grinder Morbark 1300 Hour $455.00 14-Foot Tub Grinder Diamond Z 1463 Hour $490.00 12T LowbQy Trailer ~ Tranapon wI TractoQ. 12 Ton Hour $55.00 35T Lowboy Trail~UlJ>. Tranaoon wI Tractol') 35 Ton Hour $90.00 50T LowbQy Trailer '!!P:. Tranapon wI TractoQ 50 Ton Hour $120.00 Truck Mounted Winch Tow Truck Hour $90.00 Vacuum Truck/Jetter 3500 Gallon Hour $350.00 Hauling V.hkks (Operator, fue~ maintenance Included) Dump Truck 5 to 15 CY . Hour $55.00 Dull!ll. Truck 16to 24 CY Hour $70.00 Dump Truck 25 to 34 CY Hour $75.00 Du'!!P. Truck.JIrailer Dump wI Tractor) 35 to 44 CY - $80.00 Hour Qump Truck Trailer Dump wI Tractor) 45 to 54 CY Hour $85.00 Dump Truck railer Dump wI Tractor) 55 to 64CY Hour $95.00 Du'!!P. Truck Trailer Dump wI Tractor) 65 to 74 CY Hour $105.00 D~Truck ( Trailer DUIIlP wI Tractor) > 75 CY Hour $115.00 Walking Floor Trailer wI Tractor lOOCY Hour $125.00 Transportation Vehkk. (Op.rator, fu.l. maint.nanc. included) Pickup Truck 1112 Ton IHour I $] 20.00 PRICING SCHEDULE F (CONTI Service DescriDtIoa Sbe or or-.- VIM Voll Price PickuD Truck, Extended Cab 3/4 Ton, Ext. Cab' Hour $140.00 PikuD Truck, 4x4 4x4 Hour $150.00 PickuD Truck 1 Ton Hour $ISS.OO Box Truck 3/4 Ton Hour $220.00 Passenllet Car Full size Hour $110.00 20' Resoonse Trailer 20 Foot Hour $19S.00 36' Resoonse Trailer 36 Foot Hour $23S.00 Aatbed Trailer NJA Hour $180.00 Transporbllion VehielG (Operalor,fue~ moinl~ liJlI. included) Pickup Truck 1/2 Ton Dav $65.00 Pickuo Truck 3/4 Ton Dav $8S.00 Pickuo Truck 1 Ton Dav $110.00 Box Truck 3/4 Ton Dav $140.00 Utililv Van 3/4 Ton Dav $70.00 Passenller Van 9 Passenller Dav $6S.00 Passenaer Car Full size Dav $5S.00 Resoonse Trailer ~ Persontllll Proiect Coordinator tions Man&l!erl Individual Hour $125.00 Projecl Supervisor widt Truck Individual Hour $7S.00 Suoerintendent widt Truck Individual Hour $70.00 Foreman wirh Truck Individual Hour $79.S0 Insoector wirh Vehicle Individual Hour $42.S0 HealthlSafelv or OC Man........ wirh Pickuo Truck Individual Hour $7S.00 SafelY Suoerintendenl - Hour $60.00 Individual Mechanic wirh Truck and Tools Individual Hour $80.00 Climber wirh Gear Individual Hour $8S.00 O""rator wirh Chainuw Individual Hour $50.00 Laborer wirh Tools Individual Hour $30.00 Traffic Control Personnel Individual Hour $30.00 Tickel Writers Individual Hour $3S.00 Survey Personnel wirh Vehicle Individual Hour $3S.00 Proiect EnJlineer Individual Hour $7S,OO Equiomentl Individual Hour $55.00 Truck Driver Individual Hour $45.00 Administrative Assistant Individual Hour $42.50 Clerical Individual Hour $3S.00 FJeld Hazardous Material Individual Hour $115.00 Haz Mal Containment Area Suoervisor Individual Hour $85.00 Haz Mat Containment Area Foreman Individual Hour $65.00 Field Haz Mal Technician Individual Hour $60.00 Haz Mat Containment Area Technician Individual Hour $60.00 Field Proiect S . . Individual Hour $75.00 or Field Project Foreman Individual Hour $55.00 Proiect Geolollis! Individual Hour $75.00 Project ChemiSI Individual Hour $7S.00 RellUlatorv Manaller Individual Hour $IIS.OO Asbestos Abatement Suoervisor Individual Hour $6S.00 Asbestos Abatement Worker Individual Hour $SS .00 Asbestos Insoector Individual Hour $50.00 Marine Resources (Fuel, maintenance included) S6' Shallow Draft Landina Craft widt Crane ICrewof2 IDav I $7,850.00 Service Description 8Izeor~ UIM Unit Price 33' Fast Bar2e with Winch Crew of 2 Day $4,725.00 14' Utility Boal with Motor (Work Boatl With Crew Day $475.00 12' Utilitv Boat with Motor (Work Boat) With Crew Dav $210.00 12' Utility Boat without Motor (Work Boatl With Crew Day $150.00 Tank Diver with Gear Individual Hour Incident Specific Hardhat Diver with Gear Individual Hour Incident Soecific Scuba Botlle Refill (Air) 80 Each $30.00 Air Punm with multi breathiDlllines Brownie Lun2 Day $450.00 Miscellaneous Equipment (Fuel. maintenance included, where applicable) Lil(hl Tower wi Generator Dav $65.00 Office Trailer 40 Foot Day $210.00 Storue Container 40 Foot Dav $55.00 Portable Eyewash Slation OSHA SIJeC Day $35.00 First Aid Slation OSHA SIJeC Dav $125.00 Portable Toilet (Port a John) Simile Week $55.00 Observation Tower USACE SIJeC Each $3 500.00 Personal Protectiye Euio., Level A Dunont RS562T Per Unit $895.00 Personal Protective Euio.. Level B Dunont RJI23T Per Unit $395.00 Personal Protective Boio., Level C Dunont C2127T Per Unit $195.00 Cascade Air Filtration Panel N/A Day $140.00 Air Filtratioo Panel N/A Dav $55.00 Airline Resoirator N/A Dav $210.00 Hil(h Hazard Personnel Deccontamioation N/A Per Kit $40.00 Low Hazard Personnel Decontamination N/A Per Kit $15.00 Personnel Retreival System N/A . Day $140.00 Personnel Retreival Harness N/A Dav $24.00 Combustible Gas Indicator N/A Dav $75.00 Toxic Gas Detector N/A Day $150.00 Photoionization Dectector N/A Day $110.00 Hazmat Kit N/A Day $325.00 Hand AUl(er, Slainless Steel N/A Day $30.00 Hand Onerated Tramsfer Pump N/A Day $85.00 I" Diaphram Pump I" Day $135.00 2" Diaphram Punm 2" Day $190.00 2" Diaphram Pump S.S. 2" S.S. Day $275.00 3" Diaphram Pumo 3" Day $390.00 6" Diaohram Pumo 6" Dav $1,280.00 1 " Suction or Discbar2e Hose I" Day $45.00 2" Suction or Dischanre Hose 2" Dav $65.00 3" Suction or Dischallze Hose 3" Day $85.00 6" Suction or DischaCl>e Hose 6" . Dav $145.00 2" Chemical Suction or Discbarlle Hose 2" Day $140.00 3" Chemical Suction or Discbarl(e Hose 3" Day $180.00 6" Chemical Suction or Discharlle Hose 6" Dav $650.00 Small Conmressor N/A Day $115.00 Diesel Powered Generator 6O-80kw N/A Day $245.00 Electrical Cord Slation 50' N/A Day $35.00 Spike Bar N/A Each $40.00 Airless Spray With onerator Day $275.00 Pressure Washer With ooerator Day $255.00 Waterhose Section (Garden) N/A Each $35.00 CUllinl( Torch With ooerator . Dav $175.00 PRICING SCHEDULE F (CONT) PRICING SCHEDULE F (CONTI Service Descri~OD Size or~ UIM Unit Price Wire Welder With operator Day $225.00 Air Blower With ())lC'I'ator Day $175.00 HEPA Vac With operator Day $480.00 Barrel Can N/A Day $15.00 Wheelbarrow N/A Dav $15.00 Oil Dry Spreader N/A Day $18.00 Traffic Control Vest, Cones, Flags, Barrels, ele N/A Day $225.00 Drill wI Bits N/A Day $40.00 Grounding Cable and Rod N/A Day $15.00 Circular Saw N/A Dav $30.00 Hand TooJjJer elllployee '(shovels, brooms ele. ) N/A Day $30.00 Tool Ki!J!!amrners Pliers, Screwdrivers) N/A Dav $45.00 Wrench Kit (Bung wrench, speea, etc) N/A Day $25.00 Step Ladder N/A Dav $9.50 Extension Ladder N/A Day $11.50 Photographic J:;quipment N/A Dav $125.00 Level A Suit I~er Responder Each $800.00 Level B SUil Kappler Responder Each $350.00 Level C Suit Kappler Responder Each $225.00 Tyvek Coveralls DuPont Each $25.00 Proshield DuPontNGI27s Each $85.00 Saranex DuPont SL127T Each $95.00 Acid Suit N/A Each $95.00 Rain Suit N/A Each $35.00 Neoprern: Gloves Pair N/A Pair $12.00 Nilrile Gloves, Pair N/A Pair $8.00 Silvershied Gloves N/A Pair $12.00 PVC Gloves N/A Pair $7.50 COllon or Latex Gloves N/A Pair $8.50 Leather Work Gloves N/A Pair $12.50 PVC Boots (Haz Mat) N/A Pair $32.50 Boot Covers N/A Pair $15.00 Hearing Protection N/A Pair $8.00 Detector Tubes N/A Each $18.00 Ph Paper N/A Pack $25.00 Spill Classifier N/A Each $15.00 Respirator Airline 50' Section N/A Each $175.00 Re~irator Carlridges N/A . Pair $35.00 Handheld Radios N/A Each $75.00 5"xI0' Absorbent Boom-Petroleum CEP-WD51O Bale of 4 $105.00 8"xI0' Absorbent Boom-Petroleum CEP-WB81O Bale of 4 $155.00 3"x 12' Absorbent Boom-Universal CEP-HAZSOCIO . Bale of 4 $70.00 Absorbent Pads Bundle-Petroleum CEP-WPlOOH or caual Bundle $87.50 Absorbent Pads Bundle-Universal CEP-OPPI5 or equal Bundle $132.50 OillkL CEP-FLAB50 or caual Bu (40lbl $15.00 Peat Moss CBPEXSORB or equal Bag $35.00 Venniculite CEP- VERM4 or caual Ball: $30.00 Soda Ash Bag CBP-SODASH or equal Bag $30.00 4 mil 20x I 00 ~ethlene 4 mil . Roll $47.50 6 mil 20xlOO polyethlene 6 mil Roll $62.50 6 mil bllgS 6 mil Case $55.00 DUCI Tape N/A -. Roll $6.00 PRICING SClfF.OULE F (CONTI Service DeseriDtiOD SIze or iii . UIM Unit PrIce 55 Gallon Drum Over-pack CEP-1230YE or eQual Each $110.00 55 Gallon Drum Uners 10 mil Each $225.00 Fiher Drums 55 gallon Each $75.00 30 Gallon Over-Pack CEP-1230YE or equal Each $108.50 95 Gallon Over-Pack CEP-1237YE or ecual Each $265.00 DOT Hazardous Waste Lables DOT Box $35.00 Fire ExtinllUisher N/A , Each $75.00 CautionlHazard Tape N/A Roll $16.00 Respirator Wines IN/A Box $20.00 ChemTape . 10' roll Kappler Roll $15.00 PRICING SCHEDULE G Emergency Satellite Telphone/Communlcetlon Services Price Schedule Satellite Phone Service Per Unit Usage Cost BSlllIiI $100.00 per week $2.00 per minute Satellite Internet Service Self-Contained Trailer Equipment Duration 3 month 6 month 9 month 12 month MQJllh/v Cost $4,913.85 $3,683.85 $2,453.85 $1,223.85 Bandwidlh ~ Disaster Response MQrlthlv Cost $2,028.27 Bandwitdth Service Disaster Response Contention Upload (Kbps) Download (Mbps) VolP lines Use", 10 768 2 610t020 Description of services: Self-contained trailer auto deploy This unit was designed to be a self..contained mobile unit that is weatherized. This unit is ideal for businesses that need ultimate mobility wilh rapid deployment. The following equipment comes standard on each unit 4'x 6' enclosed trailer 9,000 wall electric start generator Andrew Smart-Ad 3 waU 1.2 meter auto deploy satellite earth station VSA T 3100 internet modem Motorola HotZone Duo Mesh Wireless Router (MWR) Universal power controlier battery backup Self--confained trailer mounte4'i This unit was designed to be a self-contained mobile unit that is weatherized. The following ec:uipment comes standard on each unit: 4'x 6' enclosed tra 4'x 6" enclosed trailer 9,000 watt electric 9.000 watt electric start generator Andrew 4 watt 1.2 AndnlW 4 watt 1.2 meter satellite dish VSAT 3100 intemlVSAT 3100 intemetmodem Motorola HotZone Motorola HotZone Duo Mesh Wireless Router (MWR) Universal power Cl Universal power controller battery backup The fallowing selVices are avuilable within the program: Broadband Internet Canopy Networks VolP Telephone and Fro, Cell Phone Repeate", Each satellite unij will be equipped to provide wireless broadband internet. The units are scatable so that addUlonal wireless access points can be added. I:ach unil will have sufficient bandwidth to easily support 15 concurrent internet use", from the base system. If necessary, addilional unUs can be brought in to support a larger camp population. Voice-.over.intemet protocol (."oIP") telephone and fax service will be available as an optional service with each satellite unit. This selVice can handle one to eight voice lines per unit. Cell phone repeaters for Nextel and C;ngular networks are also available as an optional item. AshBri<<, Inc. PRICING SCHEDULE H Temporary Warehousing Labor Rates DescrlDtlon Rate UOM Note 40' Conex box $ 3,000.00 Mo Transportation not included 20' Conex Box $ 2,000.00 Mo TransPOrtation not included Fabric Structure wi aluminum framing TBD TBD Cost based on size reQuirements AshBritt. Inc. Attachment B FHW A - 1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Page General............................... 1 Nondiscrimination ......"..................". 1 NonsegregatedFacllItieo ........................ 3 Payment of Predetennined Minimum Wage 3 StatementsondPayrolla ........................ 5 Record of Materials, Supplle., and Labor .. . . . . . . . .. 5 Subletting or Asslonlng 1I1e COntract ......... . . . . .. 5 Safely: AccIdant Prevention ..................... 6 False Statemenls COncerning Highway Project. . . . . .. 6 Implementation of Clean Air Act and Federal Water Pollution ConIrolAct ...................... 6 Cartlflcatlon Regarding Debarment, Suspension, Inaikllblllty, and Voluntary Exclusion ............... 6 Call1lIcatlon Regarding Usa of Contract Fund. for Lobbying .................................... 8 ATTACHMENTS Emolo)ll1l8nt p...forenca for Appalachian Contracts (Included In Appalachian contracts only) I, GENERAL I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. A. 1. These contract provision. shall apply 10 all_ partormed on the contract by the conlraclot'. own organization and wi1l1 the a_lance 01 WO<1<ers under the contraclor'.lmmediate superinten- dence and 10 all_ partormed on the contract by plecaWOl1<, .tatlon WO<1<, or by .ubcontract. 2. Except as otherwise provided for In each section, the contractor .haIllnsar11n each subcontract all 01 the .tipulatlon. contained In tha.e Required Contract ProvIsion', and further raqulra Ihalr Inclu.1on In any Iowar tier .ubconlract or purch... order thet may In tum be made. The Requlrad Conlracl Provlalone shall not ba Incorporated by refaranca In any casa. The prime contractor shall ba ra.ponalble lor compliance by any .ubcontracIot or Iowar tier .ubcontractor with 1I1e... Requlrad Conlract ProvIalons. 3. A breach of any of the stipulation. contained In _ Required Contract Provlalons shall ba .ufficlent ground. for tennlnatlon 01 the contract. 4. A breach of the loIIowing clauss. of the Required Contract Provisions may also be grounds for debannent as provkted in 29 CFR 5.12: SectIon I, paregraph 2; Section rv, paragraph. 1, 2, 3, 4, and 7; SectIon V, paragraph. 1 and 2athrough 2g. 5. Disputes arising oul 01 the iaboratandarda proylalons of SectIon IV (except paragraph 5) and SactIon Vof the.e Required Conlracl Provlalona .hell not ba .ubleclto the genaral disputes c1ausa 01 IhIa contract. Such dl.putes shall be resolved In ocootdance wtIh the procedu.... 01 the U.S. Oepartmanl of Labor (OOLl a. set forth In 29 CFR 5, 6, and 7. Di.putes wt1I1ln the ~Ing 01 thl. clauss Include dlaputes belwaan the conlractor(or any ollla .ubcontraelora) and the contracting agency, the DOL. or the contraclor'. employees or 1I1elr representatives. 6. SelectIon of Labol" During the performance of IhIa contract, lhe contraClot .hell not: e. discriminate egaln.tlabor from anyolhar State, _..Ion, or territory of the United State. (excepl lor employment p...farance for Appalachian conlracta, when applicable, a. specified In Attachment A), or b. employ convict labor for any purpoaa wi1l1ln the limits 01 the projact unla.. It Is labor partormed by convicts who are on parola, supervised r"ease. or probation. II. NONDISCRIMINATION (Applicable 10 all Fed"ra~eld con.truction contracts and 10 all Form FHWA-1273 (Flev. 3-94) related subcontracts of $10,000 or more.) 1. Equal Employ....nIOpportunlly: Equal employment opportu- nity (EEO) requl...ments not to dlscrimlnete and to take afflrmallve action to assure equal opportunity as set forth under laws, executive orders, rules, ragulallona (28 CFR 35, 29 CFR 1630 end 41 CFR 60) and orders 01 the Sacretary 01 Labor as modlfted by the provisions prascr1bed he...in, and Impoaad pursuant 10 23 If.S.C. 140 .haII constitute the EEO and spacIfIc afflrmellva action .tandard. for the contractor'. projact ecIlvlllas Undarthla contreeL The Equal Opportu. nlly Con.1rucIIon Contract Spaclflcaliona set forth under 41 CFR 80- 4.3 and the provi.lon. 01 the Amar1can Dlsabllltie. Act 011990 (42 U.S.C. 12101 m HSI.) saJ fot1l1 under 28 CFR 35 and 29 CFR 1630 ara IncorporatOil liyrefarence In thla conlract. In 1I1a execution ofthla contract, the conlractot egreea 10 comply wl1l1 the following minimum .paclftc requirement eclJvlties 01 EEO: a. The contractor will WO<1< wt1I1 1I1a State hklhway agency (SHA) and the Federal Govammant In carrying out EEO obNgallona in publications having a large ctrculation among minority groups in the area from which the project work force would normal1y 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 quaUflec:f minority ?roup applicants. To meet this requirement. the contractor wib Identify sources of potential mino<lly group employees, and astabllsh with such ldentified sources procedures whereby mlnority group applicants may be referred to the contractor for employment conskJer~ alion. b, In the event the contractor has a vatid bargaining agreement provldl"1l for ex""'alve hiring hall raferrals, hela expected 10 obaerve the provISions oflhat agreement 10 the extent that the system permits the conlractofa compll8nce with EEO conlract provlslons. (The DOL has held that whera implementation of such agraements hava the efleet 01 dl8<:rimlnating against minorities or women, or obllgataa the contractor to do the same, such Implementation violates ~ecutlve Onler 11246, aa amancled.) c. The contradorwilf encourage hls present employses 10 refer minority group applicants for employment. Information and proce- duras with regard 10 ,.efening minority group applicants will be discussed with employeas. 5. P_IActl_: Wages,woridngcondltlons, and employ.. beneflls shaU be astabllshed and admlnla_, and personnalactlons of every we, Including hiring, upgrading, promotion, lransfor, demotion, l8yoff, end termlnaUon, shall ba 18ken without raganllo race, coIor~~Ion, sex, national origin, age or disability. The following oras shall be followed: a. e conlractor will conduct periodic Inspections of project sltas to Insura that woridng conditions and employee faclIIties do not Indicate discriminatory trastmanl 01 project site personnel. b. The contractorwlll periodically evaluate the spraed olwages paid within each classilk'.atlon to determine any evidence 01 discrimI- natory wage pracUce8. c. The conlraclof' wlM periodically ravIew salected personnel actions in deplh to detennlnewhether there is evidence ofdl8crtmln. tlon. Where evldance Is found, the conlraclor wiN prompUy lake corrective action. If therevieW' Indicate. that the dlsaimlnation may extend bayond the actions reviewed, such corrective action shaM Include alia_ penons. d. The conlractor will prompIIy InvesIlaale all complaints of allaged dlscrimlnaUon made 10 the conlractor Tn connection with his obligations under this contract, will altempt 10 rasoIve such cam- plaints, and wiN teke appropriate correctlveacllon within a raasonable time. If the investigation Indicates that the discrimlnaUon may atrect persons other than the COlTlplainant. such COIT8Ctfve action shall Include such other persons. Upon comp/eUon of each InvestigaUon, tha conlractor wllllnfORTI every complainant 01 sll of his avenu.. of appeal. 8, Training and Promotion: a. The contractor will assist In locating, quaNlylng, and Increasing the _ of mlnorily group and women employees, and applicants for employment. b. Consiatent with Iha conlractor's wort< force requiramants and as pennlssible under Federal and Stele ragulaUons, the conlractor shall make fuU use at training programs. I.e., appntntice.""p, and OIHh...job tralnlng programs for Iha geographical aras of contract performance. Whara feasible, 25 percent of opprentIces or Iralnees In each occupation shaN be In their "rst year of apprenticeship or lralnlng. In the event a spadal provlaion lor Iralnlng Is provided under this conlract, this subparagraph wiN ba auperseded as Indicated In the special provlslon. c. The conlractor will advlsa employees and applicants lor employment of available training programs and entrance requir. menls for each. d. The conlraClor will periodlcaAy review the Iralnlng and promotion potential 01 minority group and wornen employ... and will encourage allglble employees to apply for such Iralnlng and promo- lion. . 7. Unlon8: If the contractor relies In whole 0( in part upon unions as 8 source of empJoyees. the contractor will use hialher best efforts to obtain the cooperaUon of such unions to increase opportunities for _ago 2 minority groups and women within the unions. and to effect referrals by such unions of minority and lemale employees. Actions by the contractor either dlracUy or through a conlractofs assocIaUon acllng as agent wid include the procedures set forth below: , a. The contractor will usa beat elfor1s 10 develop, In COOf!8ra- tion with the unions, joint training programs aimed Iowanl qualifying more minority group members and women for membership in the unions and Incraaslng the skills of minority group employ..s and women 10 that they may quaUfy for higher paying employmant. b. The conlraClor wlU usa bast elfor1s 10 Incorporate an EEO clause into each union agreement to the end that such union will be conlractually bound 10 rafer applicants without raganllo thalr race, color, religion, sax, national origin, age or disability. c. The contractor i8 to obtain Information as to the referral practices and policies of the labor un~=1::n that 10 the extent such Inloonalion ts within the ex""'slve of the Iebor union and such labor llnion refuses to fumish such Infonnation to the contractor, the conlractor shall 10 certify 10 the SHA and shall set forih whatelfor1s have basn made 10 obIeln such Information. d. In the event the union is unable to provide the contractor with a raasonable !low 01 mino<lly and women raferrals within the time IIm11sat torih In the collective bargaining agraemant, the contractor wiD, through Ind_ndent racrultment elfor1s, fill the employment vacancies without ,aganllo race, color, rallglon, sex, national origin, age or dlsablllly; maldng fuI elfor1s 10 obteln quallfted and/or quallfiabla mlnorily group peraons and women. (The DOL has held thai U shall be no excuse that Iha union with _ tha con_ has a collective baraalnlng agraement providing for exctuslve raterral failed 10 refor ml'no<Ily employees.) In the avent the union raferral practice prevanls tho contractor from mooting the obIlgaUons pursuant 10 Executive Onler 11246, as amanded, and thasa special provlsiona, auch contractor shall immediately notify Iha SHA. 8. Selection of SUbcontractoR, Procuramant ofM...rIala and lAaslng of Equlplnanl: The contractor shal no! discriminate on Iha grounds of race, color, ralljjion, sex, national origin, age or dlsabtIIty Ii1Iha salacllon and ratenlion of subconlractors, Including procur. mant of ma_1s Rnd leases 01 equipment. a. The contractor shaU notify all poIe~Ualsubcontractors and suppliers 01 hlslher EEO oblIgaUons under lhls conlract. . b. Disadvantaged business entorpri... (OBE),.. dellned In 49 CFR 23, shell hev, equal opportunlly 10 compete for and pelfonn subcontracts 'Nhlch the contractor enters Into pursuant to this COnlract. The conliactor wIA use his bast elfor1s 10 solicit bids from and 10 uUIIze DBE Bubconlractors or suboontraclors with maanlngful mlno<lly group and femala raprasentetion among lhalr employees. Conlractors shall <blain Usts of DBE conatructlon firms from SHA personnel. c. The con~ctor will UII tNs best efforts to ensure subcontrac- tor compIIanca with their EEO obligations. 9. _ ancI Raporla: Tha conlraclor shall keep such racords as necessary 10 do,;umenl compliance with Iha EEO requirements. Such records shall be ratalned lor a period of Ihrae years foIowIng complatlon or the "''"tract wort< and _ be available at raasonable lIm.. and oIeces for inspection by authorlzad raprasentaUvea of the SHA and the FHWA a. The recoeds kept by the conlractor shaN documant the following: . (1) The number of mlno<lly and non-rrWnorIly group members and worn,," employed In each wort< classlllcaUon on the project; (2) The f""llrass and ellor1s balng made In cooperaUon with unions. when applICable. to Increase employment opportunities for minorities and women; (3) Theprograssandelfortsbalng medeinlocaUng, hiring, Iralnlng, qualifying, and upgrading mlnorily and female employees; and (4) The progress and elfor1s baing made In sacurIng Iha services of OBE subcontractors or subcontractors with meaningful minority and female representation among their empSoyees. b. The contractors wiH submit an annual report to the SHA Form FHWA-1273 (Rev. 3-94) each July for the durution of the project, indicating the number of minority, women, and non-minority group amployeas currantly a"llagad In aach WOl\, classlftcation raquired by tho contrad wort<. This information Is to be reported on Fonn FHWA-1391. If on-tho job training Is belng required by spocial provislon, tho contrador will be required to coneet nod report training data. III, NONSEGREGATED FACILmES (Appllcablo to oll Fadaral-ald construction conlracts and 10 all ralated suboontracts of $10,000 or mora.) a. By submission ~)f this bid, the execution of this contract or subcontract, or the consummation of this material supply agl'ftment or purchase order, as appropriate,lhe bidder, FederaJ-aid constnJc- Uon contractor. subcontraCtor. malerlal suppDer. or vendor. as appropriato, oartlftaa thai the nrm doss not molntaln or provida for 118 amployees any sagregatad faciUIies al any of 118 aslabllshmanl8, and thai tha firm does not pormll il8 amployees 10 porform tholr S8lV108I at any location, under Its control. where segregated faclliUes are maintained. The ftnn agrees that a breach of thls c:ertlficaUon is a violation of tha EEO provlslons of this contract. Tho firm further oartinas that no amployae will ba danled 8C08SIto adaquata faclUtiaa on lhe basis of S8)( or dfsabJllty. b. .... usad In thla osrtiftcation, tho lorm "sagrogated facilities" means any waiting room" work areas, restroom. and washrooms, reslaurants and other eating areas, Omedocks. locker rooms, and othar storago or dra..1ng areas, partdng lola, drinking fountains, recreation or entertainment areas, transportation. and houB:i_ng faclUbes provided for omployees which ara segrogaled by explicit dlractive, or ara, In fad, sogregated on tho basla or raos, oolor, religion, national origin, age or dlsabiUty, _so of habll, Iooal custom, or otherwlso. The only oxcapllon will be for the diaablad when tho bemands for accasslblllty ovarrido (e.g. disabled par1<lng). c. Tho contractor agroos that II has obtained or witi oblaln Identical certfflcatlon from proposed subcontractors or material suppUers prior 10 award of subcontracts or consummation of material supply agreemen18 of $10,000 or moro and thalli wUl rataln such certifICations in Its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (AppUcablo to aU Fadaral-ald construction contraCIs oxcaeding $2,000 and to aU relatad suboontracts, oxcapt for projacts located on roadways classified 8SIocaJ roads orruraJ mlnorcolectorl. which are oxempt) 1.-'1: a. All mechanics and labor... employad or wortdng upon the site of the work will be paid uncondltionaHy and not leu often than once a week and without subseauent deduction or rebate on any account [oxcept such payroll dadudlons as ara parmitted by regulations (29 CFR 3) Issuad by tho Socrolaly of Labor under the Copaland Ad (40 U.S.C. 27&)J tho fullamounls of wagas and bona fide frlnga beneftl8 (or cash aqulvalanls thoreof) due at tIma of payment. The paymant shall ba oomputed at waga relas not laas then thog oontolnad In the wage detormlnalion oftha Socrotary of Labor (hareinatlar"\be wage delormlnation1_ls altachad horato and made 0 part heraof, rogardlass of any contradual relationship which may be alegad to oxfat balwean tho oontrador or its SlJboon.. Iradors and such laborars and machanics. The waga dotarmlnation (Inciudlng any additional cI_Uons and wage ratoo conformad undor paragraPh 2 of thIa Soction IV and tho DOL pootar (WH-I321) or Fonn FHWA-1495) sha. be pooled al allllmas by tho contractor and its suboontradors at tho slto of tho wort< In a promlnant and accoaslblo 01008 whore II can ba oaslly soan by tho workors. For tho purpose of thlo Saction, contributions made or 00118 raasonably anticipalad for bona fido lrInae banoflts undor Saction l(b)(2) of the Davls-Baoon Ad (40 U.S.C. 2"76a)on bahaU ofloborars or mechanics are consldarad wagas paid to such Iaborars or mechanics, subject to the provistono of Sadlon IV, paregraPh 3b, haroof. AI8o, for tho purpose of this Section. regular contributions made or costs incurred for mora than a weakly porlod (but not lass oftan than qe undar plans, funds, or programs. which covor tho particular weak pariod, ara daemad to be construcilvalymade orlncurrad dlA1ng s weekly porlod. Such laborers and mechanics shoU ba paid the appropriate wage rate and fringe benefits on the wage determination for tho classification of wort< aduolly parformed, without ragard to skill. except as provided in paragraphs 4 and 5 of this Section IV. Form FHWA-1273 (Rev. 3-94) b. Laborers or mechank:s perfonnlng \NOrk in more lhan one cissslfication msy be compansated at tha rata .peclftad for each . classlfication for thetlma actually wor1<ad tharaln, provldad, lhallho emplover's payroll records accurately set forth the time spent In each classl~calion In which work is parfonnad. c. All ruUogs and inlarJlralatlons of lho Oavfs.-Bacon Act and relatad acts oontalnad In 29 CFR I, 3, snd 5 ara haroln Incorporalad by reference in this contract. 2. CI...lflcation: a. The SHA contracting offtcer shall require that any class of laborers or mechanics empkJyed under the contract. which Is not listed In the wage determlnadOn. shell be classified in conformance with tha waga delormlnatlon. b. The contracting offlcarshallapprove an additional ciasslftca- lion, waga rato and Iringa bansftls only whan the following criteria have been met: (1) tho wort< to ba parformad by tho addllionol cla..1fica.. tlon requested is not performed by a classiftcation in the wage determination; (2) tho addltionol cissslftcation Is utiUzod In tho.,.. by tho construction lnduuby; (3) the proposad wage reto,lncludlng any bona tIcIo frtnga banafila, baars a reasonable ro/8t1onshlp to the wago ratoo contained in Ihe wage delermlnatlon; and (4) wlt~ raspod to holpars, whon such a classlfication prevails In lhe area in which the work Is perfonned. C. If the C?Iltractor Of' subconlractors, as appropriate, the laborers and mechanics (W f<noo.w>) to ba employed In tho additional classlftcatlon or tholt raprasanlotivas, and tho oontracilng oftlosr agree on the cissslflcatlon and wage rata (including the amoont doslgnalad for frlngo banellto whera approprtato), a report of the adlon takan shsll ba sanl by the contractll1g ofllcar to tho DOL, Admlnlstratoroflha WagaandHour Division, Employment Standards Administration, WMhlngton, D.C. 20210. Tho Wago and Hour Admlnlatralor, or an authorized reprasontativo, wUlapprovo, modify, or dI..pprove every additional c1..slflcation action within 30 days of racalpt and so acMM tho contrac1lng oftlosr or wit notify tho contracl- Ing olftosr within the ~y parlod ihat additional Ilmela nOO8ssary. d. In the evenlthe oontr'IIclQr Of subcontractors. as appropri_ ato, tho Iaboronl or mechanics to ba amployad In lho addItiOnal classlftcalion or thalr roprasanlatlvaa, and tho oontractlng offlosr do not agraa on tho proposad ciasslftcation and wage rato (lnciudlng tho amount deslanaled for frfngo banaftl8, whera appropriato), tho contradlng otfloar shaI rator lI1e quastions, Including the views of a. intarasled partlos and tha rooommandatlon of tho contractJng offlosr, to tho Wage and Hour Admlnlotrator for datormlnalion. Said Administrator, oran suthorizad reprasantativa, wUllssue a delarmlna- tIon within 30 days of raca/pl and eo adviao tha contracilng oftlcar or witi notify tho contracting offlosr within tho ~y pariod that additional lima Ia nacassary e. Tho wage ;-ote (Including fringe banellto where appropriate) dotorminod pt.nU8011o paragrap/l2c or 2d Of this SactIon IV shaU ba paid to all wor1<ars .P8rtorm1ng wort< In the additional classlftcation from tho ftrsl day"" which wort< 10 parformad In tho cisss/llcanon. 3. Payment of Fringe _fila: a. Whenever !he minimum wage rate prescribed in thecontract for a cia.. of Iabortcrs or mechanlca Incluclaa a frfnge bensflt which Ia not expraMad .. lII1 hourly reto, the contractor or suboon_, as appropriato, shall olthar poy the bansflt as stated In tho wage determination or shaH pay anolher bona fide fringe benefM or an hourly caso aqulva"'nl thereof. b. If Ihe conlr.JCtor or suboontractor, as appropriala, _ not make payments 10 a trustee or other third person, heJshe may conlldor as a part of tha wagas of any labor., or mechanic tho amount of sny 00118 rassonobly anticlpalad in providing bona ftda Iringa ban_ under a plan or program, provided, that tho Socralaly of Labor has found, upon tho writlan requost of tha oontractor, that the appUcabIo standards oflho Oavls-Baoon Ad hove baen met. Tho Socrolaly of Labor may raquiro tho oontractor to set a.1da In a separate account assels for the meeUng of obligatlons under Ihe plan or program. p..., 4. Apprentice. .nel Trol_. (Progr..... 01 the U.S. DOL) end H.lporo: a. Apprenlk:es: 11) Apprentices will be permitted 10 _ at less then the predeterm oed rate for the work they perfonned when they are employed pursuant 10 and individually registered In a bona llde apprenticeship program regl.tered with the DOL. Employment and Training Adminl.lniitlon. Bureau 01 Appranticeship and Training. or with a State apprenlk:eshlp agency reoognlzad by the Buraau. or II e person Is amployed In his/her first 90 days 01 probationaoy employ_ ment 8S an apprentice in such an apprenticeshiP program. who Is not Individually ragl.tared In tha program. but who has bean certified by tha Bureau 01 Apprenticeship and Training or a Stata appranlk:eshlp agency (where approprlata) to be eligible for probetionaoy employ- ment 8S an apprentice. (2) Tha ellowable ratio olappra_1o joumeymar>-Ieval employ... on the Job slta In any craft clasalflcatlon shall not be greater than the ratiO permitted to the contractor 8& to the entire wont forca under the registered program. Any employee listed on a payroti at Sf' apprentice wage rate, who Is not registered or otherwtse empfOyed as stated above, shall be pakl not less than the applicable wage rate listed In the wags datarmlnation for the clasal1lcetion 01 wool< actually performed. In additlon.~ny a tioe performing_ on the Job slta In exca.. 01 the ratio tted under the registered program shan be paid not I... than applicable wage rale on the wage detarmlnation for the work actually performed. Where a oontractor or suboontractor is P8rlonnIng oonstructlon on a project In a locality other than th.t In whkh Its program I. regls_. the ratios .nd wag. rale. (expraesad In peroantageo 01 the joumeymen-level hourly rata) speclfted In tha oontractor'. or suboontractor'. raglstered program shall be obsen'ed. (3) Eveoy appranllca must be paid et not Ie.. than the rate .paclflad In tha ragI.tared program for the apprenllca'. Ieval 01 progra.., exprassed a. a percantaga 01 the journeymar>-leval hourly rata .pecifted In the appUcable waga datarmination. Al>l>ranlk:es shan be paid !ringa benellls In accordance with the proviskina 01 the apprenticeship program. II the apprenllcashlp program does not - !ringa benallls, apprenlk:es mu.t be paid the fuN amount 01 fringa 'banallls listed on the waga delermlnation for the apllllcable cle..lflcation. II the Administrator for the Wage end Hour Division datermlnes Ih8l a dlffaranl practica pray. for the appUcable apprantice cla..lflcatlon, Iringa. .han be paid In acoonIanca with thet determination. (4) In theevantthe Buraau 01 Appranl!cashlpand Training. or a Steta appranlk:eshlp _ recogn.zed by the Bureau. wit/>- draws approval of an apprenUceshlp program, the contractor or suboontraclorwlll no Iongarbe pormitted 10 utlllza appranncas alless than the appUcabla pradatarmlned rata for tha comparable wool< performed by regular etTIpIoyees until an acceptable program is approved. b. Trainees: (1) Excapta. provided In 29 CFR 5.16. tra_wI! not be parmltted 10 _ atla.. than the pradatarmlned rate for the wool< performed unle.. they ara amployed purouant 10 and individually raglslerad In a program which haa racalved prior approval, avldanoed by formal certification by the DOL. Employmant and Training Administration. (2) The ratiool_.1o journeyman-Ieval employeaa on tha job sUa shall not be greatar than permitted undei tha plen approved by the Employment and Training Administration. Any emptoyee listed on the pa; at 8 ltaln.. rate who is not registered and participating In a train plen approved by the Employmant and Training Admlnl.tration.h be paid not less than the applicable wega rata on the wage datarmlnation for the classlftcation of wool< actually performed. In addition. any tralnaa performing _ on tha job sUa In axces. 01 the rallo permitted under tha regl._ program shall be paid not Ie.. then the applicable wags rata on the wags datermlnatlon for tha wool< actually performed. (3) Eveoy traIn.. mus' be oaId a' not less then the rata spacified In tha approved program for hislhar level 01 prograss, expressed as a percentage of the joumeyman-Ievel hoortY rate speclfled In tha applicable wage datermlnation. Trainees shall be paid fringa benaftta In acoordanca with tha provlsion. 01 tha train.. program. If the trainee program does nol mention frina. benefits, traln..s shan be paid the MI amount 01 !rings benefila lISted on tha wage detennination urness the Administrator of the Wage and Hour p.... Division dalarmlnaa thatlhera Is an appranticeshlp program ass0ci- ated with tha oorraspondingjoumayman-Iaval waga rata on the waga datarminallon which provld.. for I... than fuH !ringa benanla for apprentioe.. in Which case such trainees shaN receive the same fringe benefits as apprentices. (4) In tha evant the Employment and Training Administra- tion withdraws approval of a trainlnp' program, the contractor or subcontractor wiU no longer be permitted to utilize trainees at less then tha appllcabla predetarmlned rata for tha _ performad until an acceptable prpgram is approved. c. Helpers: Helpers will be permitted 10 _ on a projact n tha halper cla.siftcation I. specifted end denned on the applicable waga detennmation or is approved pursuant to the conformance procedure sat lor1h In Sadlon IV.2. Any wool<ar listed on a payroll at a halper wage rate, who Is nol a helper under a approved dellnitlon, shalt be paid not I... than tha applicable wage rata on tha waga determina- tion for the dassl1lcation of worit actualty perfonned. 5. Approntlc.. .nd Troln... (Progr..... 01 the U.S. DOT): Appranlioa..nd train... wortcing under apprantioeship and .1dII tralnlng programt which hava bean cartJlled by tha Sacratary 01 Transporta1iOf1 at promoting EEO In oon_ with Fadaral'-aId highway oon.truclon program. era nol subject 10 the raquiramanla olpareg'"Ph 4 oIt... Saclion IV. Th. .tralght time hourtywags rales for appranllca. a"j train... under.uch progr..... wiH be.._ by the particular programs. Tho ratio 01 appra_ and tral"... 10 journeymen shan not be graater then permitted by the Ierms 01 the particular program. 6. Withholding: The SHA shall upon Its own acUon or upon written request of an authorized representative of the DOL withhotd, or cause to be withheld. lrom the """tractor or suboontractor under this oontract or any other Federal contract with tha same prima contractor. or any other F_rally-sssisted oontract .ublact to Davis-Bacon pravalUng wega raqulraments which is hold by Iha same prime contractor, .. much of the accrued payments or advances 88 m~y be considered nacasseoy 10 pay laborars and machanlcs. Incluellng apprenlk:es. train.... end ha/Pars. employed by the oontractor orany .uboontrac- lor tha fuI amount of _ raqulred by the contract. In the avant 01 laKura 10 pay any Iaborilr or mechanic, including any appranIIca, tralnaa. or helper. amPloyed or woo1<Ing on the.ile oltha wool<, all or part ollha waga. ~ulred bytha contract. tha SHAcontracting ofllcar may, afterwrttten notice to the oontraclor, take such action u may be necessary to cause: the suspenslon of any further payment. advance, or guarantee of fundI until such violations have ceased. 7. Overtime Raqulramanta: No oontract'" or suboontractor oontracting for any part 01 the contract work whk'.h may require or involve the employment of laborers. mechanic.}, watchmen, or guards (lnctudlng apprentices. train.... and helpe.. _bed In paregropha 4 and 5 above) shaH raquira or permH ar.y laborer. mechanic. watcl1man. or guard In any workweek In which halsha I. ampIoyed on such wool<. to wool< In ax.... 0140 hours In such _ unles. .uch laborer, rnacI1anic. watchman. or guard receive8 compensation at 8 rate not leu than ona-and-one-hati lImas hIsIher basic rale 01 pay for a. hours wool<ed In exce.. 0140 hours In suell_. 6. VIolation: llebUHy for Unpaid Wag..; LIQuidated Damaga.: In the avant 01 any violation 01 t,ha clausa sat forth In _'"Ph 7 above. tha 00_ and any suboontractor raaponslblalharaol shall be liable to the alfectad employee lor hislhar unpaid wagaa. In addition, such oontractor and .ubo;ntractor shaH be liable 10 the UnKed Stata. (In the ca.. or _ dona under oontract for the District 01 ColumbIa or a tantiooy.1o such D1.trict or to.uch tarritory) for Hquldated dam_. Such liquidated damaga. _ be oomputed with raspact 10 each Individual Iaborar. mechanic. walchman. or guard amployed In vIoIetlon 01 the cIa_ set forth In paragraph 7. In the .um 01 $10 for each calendar day on which such emplOyee was required Of permita led to WOf1( in excess of the standard work week of 40 hours without payment of the overtJme wage. required by the clause set forth in paragraph 7. g. Wllhholding lor Ilnpald W._ and Llquldeted Damage.: Form FHWA-1273 (Rev. 3-94) The SHA shall upon its own action or upon written request of any authorized reprosentative 01 the DOL withhold, or cause to be withheld, from any monies payable on account of wort< performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other FederaWy-asslsted conlnlct subject 10 Ihe Conl1act Wort< Hoo... and Safety Standards Act, 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 clsuse set forth in paragraph 8 above. V, STATEMENTS AND PAYROLLS (Allplicable to all Fedsral-ald construction contracts exceeding $2,000 and to aU related subcontracts, except for projects localed on roadways classified 8~; local roads or rural collectors, whk::h are exempt) 1. Compliance with Copoland Rogulatlon. (29 CFR 3): Tho conl1actor shell comply with the Copeland Reguletions of the SeaetalY of Labor which are herein incorporated by reference. 2. Payroll. and Payroll Roconlo: e. Payroll. and besic record. relating !hereto shan be malnlalned by the contractor and each subcontractor during the cou.... of !he wort< and preserved for a period of 3 yes... from Ihe date of completion of the contract tor al laborerl. med1anlca. apprentice., trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, soelel security number, and address of each such ~I~; his or her correct classiflcafloo; hourly raloa of wages paid (1ncIud1rig ratos of contribu- tions or costs antidpated for bona ftde fringe - benefits or cash equivalent thereof !he types deacrtbed In SaclIon 1(b)(2XB) of !he Davis Bacon Act); doily and weekly number 01 hours wort<ed; deductions msdo; and actual wages peld. In eddltlon, for Appala- chian conlrects, ths payroll records shaD oonlaln e nolallon lndfc8ting whether !he employes does, 0< does nol, nonnally realde in !he labor ..... as denned In Atteellment A, pat8greph 1. Whenever !he Secrelary of Labor, purouanl to Sacllon IV, peragraph 3b, has found that the w8ge. of any laborer or mechanic IricIudit the amount of any cosls reesonobly anlictpaled In providing bensftta under a plan 0< program _bod In SscIIon 1(bK2KB) of the Devls Baoon Act, !he conlracto< and eacl1 subcontractorshan maintain records which show Ihat!he commitment to provide such beneftta Is enfon:eable, that !he plan or program Is financially responsible, lhal the plan or program has been communIcated In writing to the laborers or mechanics affected. and show the coat anUctpaled or the actual coat incurred in providing beneftls. Contraclol'8 or suboonlractors employing apprenllceo or trainees under approved programs sholl maintain written evidence 01 !he raglstrafloo of opprenllcos and trainees, and rallos and wage rates "",sctlbed In the applicable programs. c. Eoell contractor end subcontractor sh.n furnish, eacl1wae1< In which any oontract wort< is performed, to Ihe SHA resident enginesr a payroll of wages paid each of lis employ..s (lnctudlng apprentice., trainees, and helpeNi, described In section IV, para- graphs 4 and 5, and walchmen and guards engaged on wort< during !he preceding weeldy payroll~riod). The peyrollsubmllled she. set out accurataly and compla all of !he Infotmofloo required 10 be mainlained undar paragraPh b 01 this SectIon V. This Infoonafloo may be submllled In any loon doslred. 0pIi0ne1 Form WH-347 Is avelleble for Ihls purposo end may be purchasod from the Superin- 'endent of Documenls (Fedsra/ slock number029-005-0014.1), U.S. Governmenl Printing Oftlce, W.shlngton, D.C. 20402. The prime conl1actor Is responsible for the submission of copies of peyrolls by all subcontraclors. d. Each peyroll submllled shaH be acoompanled by a "State- ment of CompUance,. signed by the contraclor or subcontractor or hislher agenl who pays or supervises the paymant 01 the persons employed under lhe contract and shaW certify the following: (1) that the payroll for !he payroll period contain. the InformatJon required to be melntalned under paragraph 2b of this Section V and that such Infonnallon is COrT8cl and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) emptoyed on the contract during the payrol period has been paid !he full waeldy wages.eamed, without rebate, either directly or indJrecUy, and that no deductions have been made Fonn FHWA-1273 (Rev. 3-94) either directly or indireclfy from the fun w~es aamed. other than permissible deduction. as set forth In !he Regulations, 29 CFR 3; (3) lhet each Isborer or macl1anlc hes been paid not leas that the appllcable wage rate and fringe benefits or cas~_ equivalent . for the classlllcafloo of worked performed, as specified In lhe applicable wage delennlnofloo incorporaled into !he contract. e. The weekly 8ubmlss6on of a property executed certification . sel forlI1 on !he raverse .lde of Opliolial ~orm WH-347 shaU ..tis~ the requirement for submission of tha "Stalemont of Cornpllanc8 required by paragraph 2d 01 this SecIIon V. f. The falsification of any of the above certifications may subject Ihe conl1actorto civil or crlminel prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shaH make the record. required under paragraph 2b of this SecIIon V available for Inspec- lion, copying, 0< lnInscripIion by aulhorlzed represenlallvea of the SHA. tha FHWA, or !he OOL, and shall permit such represenlatives to inlarview employ..s during wort<ing hou... on !he Job. If !he oonlraclor or subcontractor fails to submit the required records or to make them .valleble, !he SHA, !he FHWA, !he DOL, or eU may, ettar written notice to the contractor, sponsor, applcant, or owner, take such actions as may be necessary to cau.. the suspension of any further paymenl, advance, or guarantee of funds. Furthermore, failure to subrnH!he requlred records upon request 0< to make such records evallable may be grounds for debennent .ctlon pu...uanl to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPUES, AND LABOR 1. On aN Federel-ald oonlrocts on !he Nellonal Highway System, excepl those which provide solely for lI1e InstaHafloo of prolectlve de_ et raUIOed grade crossings, !hose which are constructed on a force accountordlrect Iaborbesls, hlghwaybeeutiftcafloo conlnlcts, and conlracto for which ths total ftnel construction ooet for roadway and bridge "'ass than $1,000,000 (23 CFR 835) !he contractor shaU: a. Bec:ome femlNar with ths Ii.t 01 specllIc metertals and ~Hes oontalnsd In Form FHWA-47, .Statement of Matariois and Used by Contractorof Highway Conolrucllon Involving Federel Funds," prior to !he commancemenl of wort< undar this oontract. b. MaJnIaIl\ a record 01 !he total ooet of aN matertals and supplies purcl1aaod for end in_aled In the wort<, and also of !he quant/tios 01 those spectflc malarials and supplies listed on Form FHWA-47, and in tne unlls shown on Fonn FHWA-47. c. Fumlsh, upon the complefloo 0I1he contract, to !he SHA rasldent onglnesr on Form FHWA-47 together with the dala required In paragraph lb relaUve 10 melar1als and .upplles, a flnol I.bor summery of e. oonl1act wort< Indicating !he total hours wort<ed and the total amount e"meet. 2. At !he prime c"-s option, either a slngle report covering aU contract wort< or _Ia reporto for the conlnlctor and for each subconl1act shaD be submllled. W, SUBLETT1NG OR ASSIGNING THE CONTRACT 1. The oontractor shell perfonn with lis own organization contract wort< amounting 10 nOl loss than 30 pe/C8flt (or a greater percenlage ~ specifted elsewhere In !he oonl1act) of the to181 original contract price, excluding .ny speclaI1y Iiams _nated by !he Slala. Specielly Hems may be perlonnad by subconfract and the amount of any suell speolally I_s performed mey be deducted from !he total original oonl1act Pries before compuUng!he amount 01 wort< required to 6e performed by the oonlractor'. own organlzallon (23 CFR 835). a. "lis own qrgenlzafloo" shan be construed to Include only wort<oO'8 employed ond peld directly by the prlme conl1actor end equipment owned Of renled by the prime conlrector, with 0< without operators. Such Iann does not Include ernployeeo 0< equipment of Pogo . a subcontractor, assignee. or agent of the prime contractor. b. .Spedalty Itoms. shall bo construed to be IImKed to wort< that requires highly spodallzod knowledge, abllitios, oroqulpment not ordinarily available In the type of contracting organizations quallfted and expected to bid on the contract as a whole and In general are 10 be timited to minor components at the overall contract. 2. The contract amount upon which the requirements set forth In paragraph 1 of Section VII is computed indudes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who Is omployed by tho litm, has full authority to dlroct performance of the 'NOrk in accordance WIth the contract requife.. ments, and Is In charge of all construction operallons (regardless of who porfonnSthe woik) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting offtcer detennines Is necessary 10 8S&Ure the performance Of the contract 4. No portion of the contract shall be sublet, assigned or otherwtse disposed of ""oopt with the writlon consent of the SHA controcling OmCOl', or aulhorlzod reprosontatlvo, and such consonl when given shall not be construed to rellove the controctor 01 eny responsibility ror tho fumUmont of the controcl. WrfUon consent wtN be given only a~or the SHA has assured thot ooth subcontroct Is ovtdonood In writing and that It contains a' pertinent provisions and requirements of the primo conlroct. Viti, SAFETY: ACCIDENT PREVENTION 1. In :=rfonnanc:e of this contract the contractor shaD comply with al ble Federal, Stata, and Iocallowl governing safoty, hoaKh, a sanllotlon (23 CFR 835). The controctor shel provldo 011 safeguards. safety devices and protective equiDment and take any other needed actfons as it determines, or as the SHA contraCUng officer may determine, to be reasonably necessary to protect the life and heoKh of employees on tho job and 1110 safety of the public and to protoct property In connoction wtth the peofonnanoo 0I1ho woO< covered by the contract. 2. It i. I candlUo" of this contract. and .han be made . condition or each Subcontroct, which the contractor onlors into pursuont to this contract, that the contractor and any subcontractor shall not permit any employee, In lIOoformanoo of tho controcl, to wor1< in surround- logs or under condition. which are unaanltary, hazardous or ~er. OU8 to NsIher health or safety, as determined under COf1striJclion . safety and health standards (29 CFR 1928) promuklatod by tho Socrol8ly 01 Labor, in acoordanoo wKh Section 107 of the Contract Woo HounIand Safety Standatds Act (40 U,S.C. 333). 3. Pursuant to 29 CFR. 1928,3, K lsa condlUon of this contract thot tho Socrolary of labor or authorized repr_ntatlvo thoreof, shal havo right of entry to any allo of contract ootformanoo to Inspect or Invostigalo tho menor of compllonoo wtll1lhe constnJctIon safely and heaKh standards and to cony out the dullol of tho Sacrotary undor SocIIon 107 of tho Contract WOli< Hours and Safety Standards Act (40 U.S,C. 333), IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and duroblo construction In confor. mlty with approved plans and Spoctftcatlonl and a high degree of reliability on stalemenls and representations made by englneers, controclors, suppliers, and _ on Federal-old hlghwey projects, it Is ossanUalthat all persons oonoomod with the projocl porform thalr functions al oorefully, thoroughly, and honestly as possible, Willful falslflcaUon, distottlon, or mlsreprooentatlon with respect to any facts related 10 the eroject I. 8 vlolation of Federal law. To prevent any mlsundorstandlng regarding the sortausness of Ihoso and similar acts, tho following notJoo shall be posted on each Fedora~old highway project (23 CFR 835) In ono 01' more plocos whora K Is readily available to aU persona concerned wUh the project; NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AlD HIGHWAY PROJECTS 18 U.S,C, 1020 reeds asloltows: "Whoever, being an ot'fJcer. agent. or emp!oytHI of the United States, or of any Slate or TfHritory, or whoever. whelher a person. association, firm, or corporatkm. knowingly makes any Ia/se state. ment. false representation, or faiN report as to the chwscter. quBlity, PaQll6 quantity, or cost.of the materilJl used or to be used, or the quantity or quatny of If!o worIc potformod or!o be petformod, or tho ""!It ihf!roof in connection with the submiSSIOn of plans. maps, speCJf1cstions. cannets, or costs of construction on any hlahway or related project submitted for approval to the Secretary of lransportation; or Whoever knowingly makes any false statement. false repreHnts. lion, falso raport or falso claim with respect to fho charecfor. quolity, quantity, or cost of any WOfk performed or to be performed, or materials fuml8hed or to ba fumlshed, In connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoeverknowingiy makes any faJ5flstatementorfaIMr&pf8Mnta- tJon 8S to material fact In any st.t8lTJl:UJt, C6ftJficate, or report submitted pursu.ant to provisions of the Fed6raI..aid Roads Act approved July I, 1918, (39 Stat, 355), as amondod and supple- mented; ShaH be flfHId flot mote thaI $10,000 or Imprisoned not more than 5 years or both. . X, IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLlUllON CONTROL ACT (Applicable to oil Fedoral-ald construction controcts and to all related subContracts of $100,000 01' more.) By submlsalon of this bid or the oxecution of thla contract, 01' sUbcontroct, es f,PPlOprlolo, the bidder, Fed_ construcUon controctor, or sub.::ontractor, as _riolo, win be deemod to have sijpulatod as follows: 1, That any fadUty thot Is orwttl be utilized In tho performonoo of this contrad, unless such contract is exempt under the Clean Air Act. as amondod (42 U.S.C. 1857 !l!!!Sl" a. amendod by Pub.l. 91-604), and undor the Fac!oral Water POlfutlon Control Act, as amondod (33 U.S.C. 125111Ul1.. as amonded by Pub.l, 92-500), ExecuUveOrdor 11738, and rogiJl8tionsln implementation thereof (40 CFR 15) Is not listed, on the data of contract oward, on the U.S. environmental Pfotocllon Agency (EPA) Ust of Viololing FadtiUas pursuant to 40 CFR 15.20, 2, Thot the nnn OIl"'s to comply end romoIn In compllanoo wtth oil tho requirements of Section 114 of the Clean Air Act and SactJon 308 of the Federal Walor Pollution Control Act and al rogulotlons and guldolinoo listed thereunder. 3, That the litm shall PlOmpUy notify the SHA of tho rocoipt 01 any communication from tho Director, Oltioo of Fedoral AcIIvttIoI, EPA, indlcoling that a faclUty thot is or wtl be utlHzed for the contract II undor consldoratlon to be listed on the EPA Ust of Violating FaclllIIos. 4. Thai tho litm .greel to includo or couee to be Included 1110 requirements of p",agreph 1 through 4 of thil SactIon X In ave<y nooexempt subcontract. and further agrees to take such action 88 the gnvemment may direct a8 a means of enforcing such requirements. XI, CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INEUGlBlUTY AND VOLUNTARY EXCLUSION 1. lnotructlonl to< CortItIcetion . Prtmery Covered Trenoec- tlona: (Applicablo k! an Federal.old contracts. 49 CFR 29) a. By oIgn... and IUbmlltlng this propossl, the prospoctJvo prtmary partldpant I" providing the oortlflcotlon sol out below. b, The inabiUty of 0 person to provide tho cortlfIcotlon eet out balow will not necessarily resuK In denial of par1lclpatlon In this covered tronoactlon. Tho prospoctivo partidpant shall submit on O"Planatlon of why't cannot provide tho oortIticotlon sol out below. Tho oortiflcatlon 01' .lCpIanatlon will be considered In connoctIon wtth tho dopartment 01' aganey's _nninotlon whathor to ontor into this tronsactlon. HowevlI', failure of tho prospocflvo primary .I,artldpant 10 fumlsh a certUladJon or an 8J(1)1anaUon shalf dJsquaHty such . porson from pertlcipation in this transactlon. c. The certification In this clause i8 a material representation of fact upon which 1OIianco was placed whon the department or ~ency determined ~o enler Inlo this transaction. If it is later deter- mmed that tho prospooctJva primary pertJclpont knowingly randered an elTOfleous certJffcatk.on, in addition to other remedies available to the Federal Govemmeni, the department or agency may lermlnate this Fonn FHWA.1273 (Rov. 3.94) transaction for cause c)f default d. The prospective primary participant shaI provide immediate wonen notice to the department or agency to whom !his proposells submlned If any time the prospective primary l'ortIcipantleamsthet its certJ"caUon was erroneous when submmed or has become erroneous by reason (jlf changed circumstances. e. The terms .covered transaction: "debarred," "susnAntiAd; "Ineligible," "lower tier covered transaction," "partlci'p'ant," "pe;;o"," "primary covered transaction," "principal," "proposel, and "voluntarily excJuded," as used' In this clause, have the meanings set out In the Oellnltions and Coverage soctions of rulea Implementing Executive Order 12549. You may conlectthe department or agency to which this proposal Is submlned for asslslence In oblelnlng a copy of Ihosa reguletlons. f. The prospective primery participant agroos by submllllng this proposal that, should the proposed covered transoction be enlorod Into, It shall not knowingly anter Into any lower tier covered transac- tion with a .POI$Ol'l who Is debaned, suspended, declared Ineligible, or vOlunlarlly exduded from participation In this covered transaction. unless authorized by the department or agency entering into this transaction. 9. The prospective ortmary parllclpent further agnoos by submllllng this proposal that II wlllnclude the clause Wed "CartInca- tion Regarding Deborment, Suspension, Ine'!9.,lbIl1ty and Volunlery Exclusfon.l.ovier TIer Covered Transaction, provided by the department or agency entering Into thI1 COY8f'ed transaction. without modlllcallon, In aM lower lIer covered transactions and In all _ tions for lower Uer covered transactions. h. A participant In a covered transaction may raIy upon a certification of a prolpectJve participant In 8 lower tier covered transaction that Is not debarred, suspended, ineligible, or voluntarily excluded from the covered transoction, unless II knows that the certlftcellon Is erroneous. A participant m.&Y. doclde the malhod and frequency by which ft determines the eNglbuity of Its princlpels. Each partlclpant ma{",:: Is not required to, cheCk the nonprocuramant portion of the of Parties Excluded From Federal Procurement or Nonprocuromen1 Programs" (Nonprocurornent Ust) which Is compiled by the GeneralServioos AdmInlstrallon. I. Nothing conlelned In the foregolng shall be construed to require establlshmant 01 a system of records In order to render In good fallh the certlllcallon required by lhls clause. Tho knowtedoe and Informallon of participant Is not required to exceed that which ls normaUy possessed by ,I prudent person In the ordinary course of buslne.. dealings, /. Except for transactions authorized under paregraph f of these nslructions, If a partlclpant in a coYSred transaction knowingly enters Into a lower tier covered transaction wilh 8 person who Is suspended, debaned, ineligible, or voluntarily excluded from portlclpation In this transaction, In _Io_remedles available to the Federal Government,the depor1mant or agency may lerminate this transaction for cause or default Form FHWA-1273 (R,sv. 3-94) Certlflc:a1fon Regordlng Deberment, S__Ion, Ineligibility and Voluna,y Excluslon-Prtmlry Covered T...n..c:tlona 1. The prosD8ctive primary partlclpant certltles to the best of lis knowledge and belief, that It and Its prlnclpals: a. Ara not prosanlly debaned, suspended, proposed for deborment, declared ineligible, or voluntarily excluded from covered transacUons by any FederaJ department or agency; b. Heve not wllhln a 3-yoor period pracedlng this proposal been convicted cf orhad a civU judgement rendered against them for commission of fraud or a criminal offense In connocllon with ablein- lng, a"empling 10 oblein, or performing a public (Federal, SlaIe or local) tranSaction or contract under a public lrsmsoctIon; vlolellon of Federal or State antitnJst statutes or cof1'NTlissJon of embezztement, theft, forgery, bt'lbary, falsillcallon or destruction of records. making false sletements, or receiving stolen property; c. Are not presenUy indicted foror otherwlse crtminaHyor clvlttv c1l1H'ged by a governmental entily (Federal, Slete or Iocel) with commission of any of the offenses enumerated In paragraph 1 b of this certlftcellon; and d. Hays not wllhln a 3-yoor pariod pracedlng this applica- tion/proposal hed one or more public transactions (Federal, Slete or local) larrnlnated for ceuse or defaull. 2. Where the prospecllve primery participant Is unable to certify to any of the 8lelemenle In this certlllcation, such prospective pertlclpant shall allach an explanallon to this proposel. ...... 2. Ins~ twCertlnc:a1fon "towe,TIe,Covered Troneac- llons: (AppHcable to all subconlracls, purchase ordors and other lower lIer transactions 0" $25,000 or mora - 49 CFR 29) a. By slgnhg and sUbmllting this proposal, the prospecllve lower tier Is providing the certlllcation set out below. b. The certlllcallon In lhla clause Is 0 material reprooonletion of fact upon which relance was placed when this transaction was entered Into. If ft Is later determined lhalthe prospecllve Iowor tier oartk::ipanl knowingly rendered an erroneous certiftcaUon,'ln acktitlon 10 other remedies available 10 the Fede,.1 Govemmont, the depart- men~ or agency wllh which this transaction originated may pursue available remedlea. including suspensJon andJor debarment. c. The prospectlvs lower tie< parllclpant sheU provide Immedi- ate wrinen notice to the _ to which this proposells submlt1ed If at any time the prospocllvo lower tie< participant Ieams thet lis certlncellon was erroneous by raason of changed clrcumstances. d. The term. "covered transaction," "debaned," "susoended," "Inallglble," "primery covered transaction," "partlcipan~" -'pillson," "prinCipal," "proposal," and "volunleriIY excluded," as used In this clause, hays the meanings set out In iIle OeIlnlllons and Coverage sactIons of rules implementing Executiva Order 12549. You may conleclthe _ to which this propooo/ Is submitted for a..lslence In oblelnlng e copy of Ihosa regulations. e. The pro_elower~ter partl t agnses by submllllng this proposal that., should the covered transaction be enlered Into, II shag nof know! y enter Inlo any lower tie< covered transaction with a parson who Is debarred, suspended, declared Ineliglblo, or volunlflrily excluded from portIclpaUon In this covared transaction, unless ,authorized by the department or agency wIIh which this transactk>n originated. f. The prospecllve lower lier participant rurther agnoos by submllllng this proposal that II will Include this clause tilled "certlftca- tion Ragordlng D8barrnon~ Suspension, lnetiolblllty and Voluntary Exclusion-Lows, rlS' Covered Transacllon," w/'lhouI modfflcellon,ln allowor tier COVered.transactions and In all soIic1letions for lower tier covansd transactions. g. A parUcipant in a covered transaction may rely upon a certlllcallon of a prospoctlva participant In a Iowor tier covered transaction that Is not debaned, suspanded, Ineligible, or voIunlerl/y excluded from the covered transaction, unleSI It knows that the certllIcation Is erroneous. A partlclpant may dacldethe molhod and _...7 frequency by which il dotormlnosthe oIigiblUty of its principals. Each participant may, but is not required to. check the NonprOaJrement list. h. Nolhlng contained in Ihe foregoing shaY be construed 10 require establlahment of a system of records in order to render In good fal1h tho certlftcallon required by this clau... Tho knowfodge and Information of participant Is not required to exceed that which is nonnally po....sed 1>)' a prudent parson in the ordinary course of business dealings. i. Except for transactions authorlzod under paragraph e of Iha.. Instructions, W a participant In a covered transaction knowingly enters into a lower tiel' covered transaction with a person who Is suspended, debarred, ineligible, or volunlarily excluded from particlpallon In this transaction, In addlllon 100therra_ availabla 10 the Foderal Government, the dapartrnanl or -"cy with which Ihis transection orialnated may pursue avallabla remedies, Including suspension and/or debannent. Certlllcatlon Raaardlng Dabannan~ Suapanslon. Ineligibility and Voluntary EXclu.'on-Lowar"'" Covered Tranaactlona: 1. Tho prospac;tJve ~ tier parllclpant cortiftas, by aubmlallon of thls proposal, that neither II nor Its princlpala Is prosonlly dabarred. suspondad, proposed for debarment, declared Ineligible, or v0lun- tarily excluded tTom par11cipaUon In thls transaclion by any Faderal department or agency. 2. Whara the plOspacllve lower tl", pa_t Is unabla 10 cortIIy to any of the statements In this certifica6on, IUch prospective participant shaY alloch an exptanaUon to this proposei. ..... p... . XU. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (AppUcobla to aU Faderal-ald construcUon contracts and to aU relatad subcontracts which axcoed $100,000- 49 CFR 20) 1. The prospective participant cartlllas, by signing and submittlng this bid or proposal, to the best of his or her knowtedge and belief, that: e. No Fed..... approprlatad fund. have bean paid or will ba paid, byoron behalf of the undersigned, to any person for inftuencing or attempting to'inftuence an otrrcer or emplOyee of a~_l agency, a Mambar of Congress. an ofliC8t' or ","ploy.. of ss, or an employee of a Member of Congre88 in connection wi the awarding of any Foderal contra~ the maldng of any Fad....lgrant. 'he makfng of any Fod8t'oIloan, the entering InIO of any cooparallva ag_ment, and the axtanslon, contlnuallon, renewal, amendment. or modification of eny Federal contract, grant, loan, or cooperative agreement. b. If any fund. other than Foderal apPfOllriatad funds have baan paid or wlU ba paid 10 any parson for intluailcing or allamptlng to influence an offlceroremployee of an1 Federal agency, a Member of Congress, an officer or employee of COf1gr8ea, or an employee of a MambarofCol1ll"'ssln oonnaclion with this FodaraJ contract, grant. loan, or cooperative _to the undanilgnod shall compIat8 and submll Standard Form-lLL. "DIaclosura Form 10 Report Lobbying,"'" aocordlance with 110 In.trucllons. 2. Thlo cartltlcatlon Is a malarial raprasanloUon of fact upon whlch reliance we. placad when thla transection we. mode or enlarad Into. Submission of this cortItIcallon Ia a prerequlolla for making or entaring InlO thla transaction Impo.ed by 31 U.S.C. 1352. MY parson who falls 10 ftla the requlrad cartlftcalion ohall ba subiacllo a ctvY penallY of not lass than $10.000 and not mora than $100.000 for oach such failu.... 3. Tha proapac'Jve participant also ag_. by submitting his or her bid or propoaal that he or sha ohall require that the language of this cortItIcallon ba included In all ~ lIat subcontracts. which excood $100,000 and that all such raclp;ento shaY cartlfy and dlacloso accordingly. Form FHWA-1273 (Rav. 3-94) ATTACHMENT A. EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Appllcablo to Appalachian contracts only.) 1. During lhe perfOlmance of this contract, the contractor under~ taking to do work which la. or reasonabty may be. done as on-site wori<. sholl givo proference to qualified _s who regularly resido in the labor area 8S designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualtfied persons regularty residing in the area are not availaible. b. For the reasonable needs of the contractor 10 employ supervisory or spedalty experienced personnel necessary to assure an efflcienf execuUon cf the contract work. c. For tho obligation 01 tho conlractor to ollor employment Co present or former employees as the result of 8 lawful cofIective bargaining contract, prOvided that the number of nonresident persons omployed under this subparagraph 10 shell not oxooed 20 pa","nt 01 tho total number 01 employ... employed by tho contractor on tho contract work, except 88 provided in subparagraph 4 below. 2. Tho contractor shOIl~lace 0 job order with tile Slate Employ- mont _ indicating 0) tho c1a_tlons 01 tile Iabo....... mechanics and other em <>yooo required Co perlonn tile contract woll<. (b) tho number 01 emplOyees requlrod In each claasltlcallon. Fonn FHWA-1273 (RllV. 3-94) (c) tho date on which ho osUmelos such omployees will be required. and (d) any othor partinanllnformellon required by tile Stelo Employ- ment Service Co complole the job order ronn. Tho job order may be Placed with the Slate Employment SOfVice In writing or by telephone. II during tho course 01 tile contract _. tile InlonnoUon sub""tted by tho contracCor In tho original job order Is substontielly modified. ho sholl promptly noUfy tho Slale Employment SOfVice. 3. The contractor shall give full consideration to all qualified job appHcanls relerred Co him by tho Stolo EmpIoymenl Sorvlca. Tho contractor is not required to grant employment to any job appUcants who. in his opinion. .... not quaYfIed to parfonn tile da_1Ion 01 work requtred. 4. ~. within 1 week loIlowing tile placlng 01 a job ordor by tho contraolorwlth lhe Stote Employmonl Sorvtco. tho Sleto Employmont Service is unable to refer any qualified job appUcantl to the contrac-. lor. or loss than tho number roquosted.lflo Sloto Employment Servlca will lorwllld a certificate 10 tile contractor Indicating tho unavallablltly 01 oppllcants. Such cor1Iftcale shaft be made a port of tho contractor's parmanent projocl rooords. Upon rocolpt 01 this cor1Iftcote. tile oontraclor may employ parsons who do not nonnaIIy resido In tho labor aroo Co III posItiOns covored by tho cortJftcote. notwlthatondlng tho provlslons of subparegreph 10 above. S. Tho contractor sholl IncllJdo tho provisions 01 SectIons 1 through 4 01 this AItachmont A In ovory subcontract forwori< which Is. or reasonably may be, done as on-site Yt'OIk. Pag. 9 Attachment C 23 CFR Part 635.410 Buy America Requirements l' .. ~ 23 CFR Part 635.410 Buy America Raqui,emanll 23 CFR Part 635.410 Buy America Requlrementa. (a) The provisions of this section shall prevail and be given precedence over any requirements of this subpart which are contrary to this section. However, nothing in this section shall be construed to be contrary to the requirements of ~635.409(a) of this subpart. (b) No Federal-aid highway construction project is to be authorized for advertisement or otherwise authorized to proceed unless at least one of the following requirements is met: (1) The project either: (i) Includes no permanently incorporated steel or iron materials, or (Ii) if steel or iron materials are to be used, all manufacturing processes, Including application of a coating, for these materials must occur in the United States. Coating includes all processes which protect or enhance the value of the material to which the coating is applied. (2) The State has standard contract provisions that require the use of domestic materials and products, including steel and Iron materials, to the same or greater extent as the proviSions set forth In this section. (3) The State elects to include altemate bid provisions for foreign and domestic steel and iron materials which comply with the following requirements. Any procedure for obtaining altemate bids based on fumishing foreign steel and Iron materials which Is acceptable to the Division Administrator may be used. The contract provisions must (I) require all bidders to submit a bid based on furnishing domestic steel and iron materials, and (Ii) clearly state that the contract will be awarded to the bidder who submits the rowest total bid based on fumishlng domestic steel and iron materials unless such total bid exceeds the lowest total bid based on furnishing foreign steel and iron materials by more than 25 percent. (4) When steel and iron materials are used in a project, the requirements of this section do not prevent a minimal use of foreign steel and iron materials, if the cost of such materials used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever Is greater. For purposes of this paragraph, the cost is that shown to be the value of the steel and iron products as they are delivered to the project. (c)(l) A State may request a waiver of the provisions of this section if; (i) The application of those provisions would be inconsistent with the public interest; or (Ii) Steel and iron materials/products are not produced in the United States in sufficient and reasonably available quantities which are of a satisfactory quality. (2) A request for waiver, accompanied by supporting information, must be submitted in writing to the Regional Federal Highway Administrator (RFHWA) through the FHWA Division Administrator. A request must be submitted sufficiently in advance of the need for the waiver in order to aI/ow time for proper review and action on the request. The RFHW A will have approval authority on the request. 23 CFR Part 635.410 Buy America Requlremonla . t t (3) Requests for waivers may be made for specific projects, or for certain materials or products in specific geographic areas, or for combinations of both, depending on the circumstances. (4) The denial of the request by the RFHWA may be appealed by the State to the Federal Highway Administrator (Administrator), whose action on the request shall be considered administratively final. (5) A request for a waiver which involves nationwide public interest or availability issues or more than one FHWA region may be submitted by the RFHWA to the Administrator for action. (6) A request for waiver and an appeal from a denial of a request must include facts and justification to support the granting of the waiver. The FHWA response to a request or appeal will be in writing and made available to the public upon request. Any request for a nationwide waiver and FHW A's action on such a request may be published in the Federal Register for public comment. (7) In determining whether the waivers described in paragraph (c)(1) of this section will be granted, the FHWA will consider all appropriate factors including, but not limited to, cost, administrative burden, and delay that would be impoSed If the provision were not waived. " (d) Standard State and Federal-aid contract procedures may be used to assure compliance with the requirements of this section. [48 FR 53104, Nov. 25,1983, as amended at 49 FR 18821, May 3,1984; 58 FR 38975, July 21, 1993J ACORO,. CERTIFICATE OF LIABILITY INSURANCE \ DATE IMMlDD1YYYY} 5/17/2007 PRODUCER (561) 655-5500 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wells Fargo Insurance S..rvices Southeast, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 501 South Flagler Drive, Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. West Palm Beach, FL 33<4.01-5914 INSURERS AFFORDING COVERAGE NAIC# INSURED Ashbritt, Inc l~ Southeast Equipment INSURER A: American International 480 S.Andrews Ave INSURER B: Commerce & Industry Suite 103 INSURER C FEDERAL INS CO Pompano Be"ch, FL 33069 INSURER D INSURER E: ASHBINC-Ol GOJO COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURAPoICE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1$ SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~~~:- ~.c. POUCY NUMBER POLICY EFFECTNE PC2:'-'Sor EXPIRATION UMITS ~NERAL LIABILITY EACH OCCURRENCE $ l,OOO,OOl A X X COMMERCIAL GENERAL LIABILITY PROP0791336 5/22/2007 5/22/2008 PREMISES lEa occurence\ $ 100,00C I CLAIMS MADE [K] OCCUR MED EXP (Anyone person) $ 25,00 X Blkt add'l insured & PERSONAL & ADV INJURY $ 1,000,00 I--'-'- X WOS by contRlel GENERAL AGGREGATE $ 2,000,00 -'-'- l,OOO,OOC ~'LAGG:EmE LIMIT APnS PER: PRODUCTS-COM~OPAGG $ POLICY X ~~9,:: LOC ~TOM08JLE LIABILITY COMBINED SINGLE LIMIT $ 1,000,001 B X .!. ANY AUTO CA3777962 5/22/2007 5/22/2008 (Eaaccident) - ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTCS '{)C t;' I".W l."..;- ' {Per person} HIRED AUTOS .... /1..-" X BODILY INJURY $ NON-QWNED AUTOS - '....----.. .- ~k/O r- (Per accident) X Additional Insured t......,.~ "--- PROPERTY DAMAGE $ .. (Peraccidenl) ~~GE LIABIUTY V",~.r i<!P. -f-'r';, -- AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY' AGG $ =:JESS/UMBRELLA LU~B1L1TY EACH OCCURRENCE $ 10,000,oOli A OCCUR CI CLAIMS MADE PROU0791337 5/22/2007 5/22/2008 AGGREGATE $ 10,OOO,OOl $ :;.1 DEDUCTIBLE $ X RETENTION $ 10.000 $ WORKERS COMPENSATION '.NO X I iX~~r~~~ I I OJ~- B EMPLOYERS' LIABILITY WC5314254 9/26/2007 9/26/2008 1,000,OOC ANY PROPRIETORJPARTNER/E~ECUTIVE EL EACH ACCIDENT $ OFFICERIlAEMBER EXCLUDED'I E.L. DISEASE, EA EMPLOYE $ l,OOO,OOC g~~h~r~~~v~~~~s below E.L DISEASE - POLICY LIMIT $ l,OOO,OOC OTHER C Equipment Floater 06639855 5/22/2007 5/22/2008 Broad Fonn .e. description DESCRIPTION OF OPERATIONS I U)CATlONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ee attached page. Monroe Coulnty 1100 Simonton St Rm 1.213 Key West, FI_ 33040- CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3~ DAYS WRlrrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE @ACORD CORPORATION 1988 CERTIFICATE HOLDER ACORD 25 (2001/08) ASHBINC-Ol GOJO IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) ASHBINC-01 GOJO PAGE 1 OF 1 DESCRIPTION OF OPE,RATIONS- Ashbritt, Inc & Southent Equipment 480 S.Andrews Ave Suite 103 Pomoano Beach FL 33.069 Monroe County 1100 Simonton St Rm 1-213 Kev West FL 33040- GENERAL LIABILITY: COVERAGE INCLUDES BLANKET ADDITIONAL INSURED AND BLANKET WAIVER OF SUBROGATION IF REQUIRED BY CONTRACT. COVERAGE IS PRIMARY-FOR WORK DONE BY INSURED $10,000 DED APPLIES TO GENERAL LIABILITY FOR BODILY INJURY & PROPERTY DAMAGE GENERAL LIABILITY INCLUDES A SEPARATE POLLUTION LIMIT OF $1,000,000. A $25,000 DEDUCTIBLE APPLIES TO POLLUTION CLAIMS. UMBRELLA: LIMITS ARE EXCESS OF COMMERCIAL GENERAL LIABILITY INCLUDING POLLUTION, COMMERCIAL AUTO, AND WORKERS COMPENSATION. EQUIPMENT: COVERAGE PROVIDED FOR LEASED/RENTED EQUIPMENT: $500,000. ANY ONE OCCURRENCE NOT TO EXCEED $250,000 ON ANY ONE ITEM