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10/21/2009 AgreementDANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: November 2, 2009 TO: Judy Clarke, Engineering V Public Works Division FROM: Isabel . D OC. eSantis, D.C. At the November 2, 2009, Board of County Commissioner's meeting the Board waived irregularities and authorized execution of a Contract with Charley Toppino and Sons, Inc. for the Palm Dr. (Baypoint) Bridge Repair project located in Saddlebunch Key. Enclosed is a fully executed duplicate original of the above -mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File Palm Drive Bridle Repair Project Section 00500 Standard Form of Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the Twenty First day of October in the year of Two Thousand and Nine. BETWEEN the Owner: Monroe County Board of County Commissioners (Name and address) 1100 Simonton Street Key West, Florida 33040 and the Contractor: Charley Toppino and Sons, Inc. MM 8.5 U.S. Highway 1 Rockland Key, FL 33040 For the following Project: Palm Drive (Baypoint) Bridge Repair Project Saddle Bunch Keys, Monroe County, Florida FDOT FM# 421682-1 Scope: The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Project Manual. The Contractor is required to provide a complete job as contemplated b P Y the drawings and specifications, which area part of this bid package. Oversight for Owner is: Monroe County Public Works Division 1100 Simonton Street Second Floor —Room 2-216 Key West, Florida 33040 The Engineer is: TKW Consulting Engineers, Inc. 5621 Banner Drive Fort Myers, Florida 33912 The Owner and Contractor agree as set forth below. 1: 1. 1' • • ' '•' • ' V-0-kVi� d�• • i�' M111 to oil' • •' - I'm11,11 Palm Drive Bridize Repair Protect ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract, and are as Y a part art of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and g integrated agreement between the parties hereto and supersedes prior negotiations, representations or g agreements, either written or oral. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of Work is as specified in the Project Manual for this project, Section 00300. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Palm Drive (Baypoint) Bridge Repair Project. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract. Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350, Milestone Schedule. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, through the Construction Manager, in writing not less than five days before commencing the Work. The date of commencement shall be the date specified in the Notice to proceed, issued to the Contractor. 3. 2 The Contractor shall achieve Substantial Completion of the entire Work not later than Sixty (60) Days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. LIQUIDATED DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved q g exten sion in time as set forth by the Construction Manager's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. P q FIRST SECOND 31 ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under 50 000.00 $50.00/DAY $100.00/DAY $250.00/DAY 50 000.00-$99,999.00 100.00/DAY 200.00/DAY 750.00/DAY $100,000.00-499,999.00 200.00/DAY 500.00/DAY $500 000.0 and UP 500.00/DAY 1,000.00/DAY 3,500.00/DAY Y The Contractor's recover of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract for the Palm Drive (Baypoint) Bridge Repair Project the sum of ONE HUNDRED THIRTY THOUSAND FIVE HUNDRED FORTY THREE AND 50/100 DOLLARS, ($130,543.50), subject to additions and deductions as provided in the Contract Documents. 0��9 STANDARDFORMOFA BETWEEN OWNERANDCONIRAC7OR *48) 005W-2 Palm Drive Bridge Repair Project 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: None 4.3 Unit prices, if any, areas follows: as specified in Bid Proposal (Section 00110-5) and amended as follows: Bid Item No. 7 - Bridge Railing Replacement $275.29 / LF and Bid item No. 8 - Metal Guardrail Replacement $125.00 / LF as stated in email dated 09/25/09 from TOPPKW@aol.com ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment issued by the Owner, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 County shall pay pursuant to the Florida Local Government Prompt Payment Act Chapter 218 Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent (10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent (10%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: I0:�li�i-' •�� 1 10 '•' • • •" �• I0•• • I�' • WMI14•'- 1: it ii Palm Drive Bridge Repair Proiect 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent (90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None 5.9 The County will withhold progress payments from the Contractor for failure to comply with the requirements of 7-1.1.1 Compliance with American Recovery and Reinvestment Act of 2009 which is attached to this contract as Attachment A and the FDOT Local Agency Program (LAP) requirements. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate for Payment has been issued by the Owner and 3) the contractor has met all provisions of the reporting requirements under the American Recovery and Reinvestment Act of 2009; such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735. 7.3 Temporary facilities and services: None for this project. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not sof Palm Drive Bridge Repair Project submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are part of this contract: a) Maintenance of Records Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for rive years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. c) Severability: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non -prevailing party, and shall include attorneys fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. e) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. g) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Nondiscrimination: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or 1: 1, 1' • • ' '•' • ' �� I• •� • IT'D•• ' • •' M.1 : 11 it -- Palm Drive Bridize Repair Proiect national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 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. i) Covenant of No Interest: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. j ) Code of Ethics: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. k) No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 1) Public Access: The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. m) Non -Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. n) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. o Legal Obligations and Responsibilities: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of 1;. 1, 1' • ' ''•' =eimnn 1• �• • I•' t• ' • •' - 1: 11:11 Palm Drive Bridp-e Repair Proiect the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. p) Non -Reliance by Non -Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. q) Attestations: Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. r) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. s) Execution in Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. t) Section Headings: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. u) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project. v) Hold Harmless: The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. w) Adjunction of Disputes or Disagreements: The Owner and Contractor agree that all disputes and disagreement shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph X concerning cancellation. x) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. y) Cooperation: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to Palm Drive Bridge Repair Project participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. 7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 7.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation: The Contractor agrees to comply with the provisions of FDOT's Disadvantaged Business Enterprise Program as outlined in the Certification contained in Section 00110 Bid Proposal. The Contractor will complete and execute FDOT form 275- 030-11B, DBE Affirmative Action Plan, which is included as Attachment B to this Agreement. 7.11 FHWA Form 1273: Form 1273 is attached hereto as Attachment C and made a part of this contract. The Contractor will adhere to all provisions in FHWA Form 1273. Section V. Statements and Payrolls on Page 5 of FHWA Form 1273 is amended as follows: The statement, "except for projects located on roadways classified as local roads or rural collectors, which are exempt", is deleted.. 2. Payrolls and Payroll Records Part d (1) is revised to read: that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V, with the exception of the employees' social security number and address, which should not be included on payrolls submitted, and that such information is correct and complete; Payroll statements shall include an individually identifying number for each employee. 7.12 Buy America: The Contractor agrees that it will comply with the requirements of 49 U.S.0 Section 5323 0) (1). Section 165 (a) of the Surface Transportation Assistance Act of 1982, as amended, but it may qualify for an exception to the requirements pursuant to Section 165 (b) (2) or (b) (4) of the Surface Transportation Assistance Act of 1982 and regulation in 49 CFR 661.7. 7.13 Foreign Contractor and Supplier Restriction: The Contractor shall not knowingly enter into any subcontract under this contract: (1) With a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the United States Trade Representative (USTR) or (2) For the supply of any product for use on the Federal Public Works project under this contract that is produced or manufactured in a foreign country included on the list of countries that discriminate against U.S. firms published by USTR (Includes "Buy American" provisions). 7.14 Public Agency Subcontracting to Private Sector Entity Contract Provision: in accordance with the provisions of 23 CFR 635.112(e), No public agency shall be permitted to bid in competition or to enter into subcontracts with private contractors. A breach of any of the stipulations 23 CFR 635.112(e) shall be sufficient grounds for termination of the Contract. 0905M STANDARDPORMOFA B OWNERANDCONIRACIUR (wv08) OM-8 Palm Drive Bridge Repair Project 7.15 Contractor Purchased Equipment for Local Ownership: in accordance with the provisions of 23 CFR 140 and 49 CFR Section 18.3 the Contractor will not purchase equipment for County ownership. 7.16 Equipment Rental Rates: in accordance with 23 CFR 635.120 and 48 CFR 31 the County will pay standard equipment rental rates for the local area where the Work is being conducted for rented equipment, as needed during the project. 7.17 Local Hiring Preference: the County will not include a Local Hiring Preference for this contract. 7.18 Publicly Owned Equipment: in accordance with the provisions of 23 CFR 635.106 publicly owned equipment will not be allowed to compete with privately owned equipment under this agreement. 7.19 State Preference: No requirement will be imposed: (a) To require the use of or provide a price differential in favor of articles or materials produced within the State, or otherwise to prohibit, restrict or discriminate against the use of articles or materials shipped from or prepared, made or produced in any State, territory or possession of the United States; or (b) To prohibit, restrict or otherwise discriminate against the use of articles or materials of foreign origin to any greater extent than is permissible under policies of the Department of Transportation as evidenced by requirements and procedures prescribed by the FHWA Administrator to carry out such policies. 7.20 American Recovery and Reinvestment Act of 2009: Special provision SP0070111 ES is attached hereto as Attachment A and made a part of this contract. The Contractor will adhere to all provisions of the Special Provision. 7.21 Salvage Credits: The Contractor will not receive credits for salvageable materials. 7.22 Equal Employment Opportunity (EEO) Requirements: the Contractor will adhere to the DOT EEO requirements in accordance with Executive Order 11246 and as outlined in the Equal Employment Opportunity Certification in Specification Section 00110. Prior to the start of construction the Contractor will complete FDOT Form 275-021-13 Notification to FDOT of EEO Officer and Form 275-021-05, Record of Supervisory and Office Personnel EEO Meeting or Individual Orientation, which are included as Attachment D to this Agreement. 7.23 Davis -Bacon Act: In accordance with the Davis -Bacon Act, the Contractor and their subcontractors shall pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current prevailing wage rates can be found at: www.access.gpo.�;ov/davisbacon/tI.htmI under Monroe County. Wage Rate Decision FL-35 applies to this project, ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the. General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. I 0IM" lei V of 1!''111 Palm Drive Bridge Repair,,, Project 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated August 2009 and are as follows: Document Title Pages As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.6 The Addenda, if any, are as follows: Addenda # 1 issued August 20, 2009 Addenda #2 issued September 2, 2009 Addenda #3 issued September 3, 2009 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County Bid Form and all Certifications and Forms contained in Section 00110. This Agreement is entered into as of the day and year first written above and is executed in at least four original copies"of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use in thy°l- 4nistration of the Contract, and the remainder to the Owner. Attest: DANNY L. KOLHAGE, Clerk Ey: - 'Deputy Clerk Date (SEAL) Attest: By: Title: � Title: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA OW By VYW- Z-6 ).&caj AW V- W Mayor 8-— CONTRACTOR NJ } By.CD _ CM rrI C rri 4) W. CD END OF SECTION 00500 MONROE COUNTY ATTORNEY PPRAS TO FORM: -&JdAvA CHRISTINE M. LIMF3ERT-BARROWS ASSISTANT COUNTY ATTORNEY Date 1Z J a w's 0 1611� 14 b to ATTACHMENT A LAWS TO BE OBSERVED. (REV 3-31-09) (3-09) ARTICLE 7-1 (Pages 60 and 61) is expanded by the following 7-1.1.1 Compliance with American Recovery and Reinvestment Act of 2009: This subject J ro'ect is to the criteria and conditions of the American Recovery and Reinvestment P Act ARRA of 2009. Satisfy the federal reporting requirements for the project(s), such as the monthly employment � em to ment report, for both the contractor and subcontractors. Provide the required information on form(s) provided by the Department in the timeframe indicated in the instructions. Include these reporting requirements in all subcontracts. 74.1.1.1 Authority of the Comptroller General: Section 902 of the ARRA of 2009 provides the U.S. Comptroller General and his representatives the authority: (1) to examine any records of the Contractor or any of its subcontractors, or any State or Local agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; and (2) to interview any officer or employee of the Contractor or any of its subcontractors, or of any State or Local government agency administering the Contract, regarding such transactions. Accordingly, the Comptroller General and his representatives shall have the authority and rights as provided under Section 902 of the ARRA with respect to this Contract, which is funded with funds made available under the ARRA. Section 902 further states that nothing in this Section shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General. 7-1.1.1.2 Authority of the Inspector General: Section 1515(a) of the ARRA provides authority for any representatives of the Inspector General to examine any records or interview any employee or officers working on this Contract. The Contractor is advised that representatives of the Inspector General have the authority to examine any record and interview any employee or officer of the Contractor, its subcontractors or other (inns working on this Contract. Section 1515(b) further provides that nothing in this Section shall be interpreted to limit or restrict in any way any existing authority of an Inspector General. ATTACHMENT DBE AFFIRMATIVE ACTION PLAN POLICY STATEMENT CHARLEY TOPPING & SONS►, INC It is the policy of _ 275-030-1 1 9 EQUAL OPPORTUNITY OFFICE Ouoe Page 1 of 3 that disadvantaged businesses, Subpart D and imprementea under Rule Chapter 14-78, F.A.C., shall have the as defined by 49 CFR Part 26, p opportunity to participate as subcontractorsPP and suppliers on all contracts awarded by the Florida Department of Transportation. The requirements of Rule Chap , Chapter 14-78 F.A.C., shall apply to all contracts entered into between the Florida Department of Transportation and Subcontractors and/or suppliers to -- 7 F.A.C. will also be bound by the requirements of Rule Chapter 14- 8 CHARLEY TOPPING & SONS. INC. take all necessary and reasonable steps in accvruarilua erform'work contracted with1 %.*, 1cwwwo l -r- , —9 - ff .�. I the businesses have the opportunity to compete and p and it's subcontractors shall to ensure that disadvantaged Florida Department of Transportation. CHARLEY TOPPINO & SONS, INC. , and its subcontractors shall not discriminate on the basis of race, 9 color, religion, national origin, disability, sex, or age in the administration of contracts with the Department of Transportation. CHARLEY TOPPINO & SONS, INC. , has designated and appointed • to maintain, and monitor the DBE Affirmative Action Plan implementation. The Liaison a Liaison Officer to develop, disseminating this policy statement throughout CHARt FY T PPINO & SONS. It Officer will be responsible for g posted on notice boards of the Company. and to disadvantaged controlled businesses. The statement is p X 440�_ - i �-- T pW, . President X 275-030-118 EQUAL OPPORTUNITY OFFICE 02/08 Page 2 of 3 I. DESIGNATION OF LIAISON OFFICER CHARLEY TOPPIN@ & SONS, INC. will aggressively recruit disadvantaged businesses as subcontractors and suppliers for all contracts with the Florida Department of Transportation. The Company has P p y appointed a Liaison Officer to develop and maintain this Affirmative Action Plan in accordance with the requirements of Rule Chapter 14-78, F.A.C. The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the Com an 's specific utilization of disadvantaged subcontractors in addition to the followingecific duties: P y (1) The Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all Florida Department of Transportation contracts; (2) The Liaison Officer will submit all records, reports, and documents required by the Florida Department of Transportation, and shall maintain such records fora period of not less than P P an three years, or as directed by any specific contractual requirements of the Florida Department of Transportation. The following individual has been designated Liaison Officer with responsibility for implementingthe Company's affirmative action program in accordance with the requirements of the Florida Department p rtment Transportation. (Liaison Officer's Name) , (Your Company's Name) VP?1A;)V (Your Company's Address) 3 (Phone Number for Liaison Officer), _ a� (Enter FEIN or Tax Id Number �..-- to4q a II. AFFIRMATIVE ACTION METHODS In order to formulate a realistic Affirmative Action Plan, CHARLEY TOpP(K# I IJN§fp IN& has identified the following known barriers to participation by disadvantaged subcontractors, before describing its proposed affirmative action methods: 1. Lack of qualified disadvantaged subcontractors in our specific geographical areas of work; 2. Lack of certified disadvantaged subcontractors who seek to perform Florida Department of Transportation work; p on 3. Lack of interest in performing on Florida Department of Transportation contracts; 4. Lack of response when requested to bid; 5. Limited knowledge of Florida Department of Transportation plans and specifications to a responsible bid. prepare In view of the barriers to disadvantaged businesses stated above, it shall be the policy of CHARLEY TOPPIN@ & SONS, INC. P y to provide opportunity by utilizing the following affirmative action methods to ensure participation on the contracts with the Florida Department of Transportation. P a sportation. will: , w 1. Provide written notice to all certified DBE subcontractors in the geographical area where the work i subcontracted by the Company; s to be 2. Advertise in minority focused media concerning subcontract opportunities with the Company; 3. Select portions of work to be performed by DBEs in order to increase the likelihood of meeting goals (including, where appropriate, breakingdown contracts into contract DBE participation); economically feasible units to facilitate 275-030-1> e EQUAL OPPORTUNITY OFFICE 02/08 Page 3 of 3 4. Provide adequate inf ormation about the plans, specifications, and requirements of the contract, not rejecting subcontractor s without sound reasons based on a thorough investigation of their capabilities; 5. Waive requirements of performance bonds where it is practical to do so; S. Attend pre -bid meetings Y in s held b the Florida Department of Transportation to apprise disadvantaged subcontractors of opportunities with the Company; 7. Follow up on initial sol icitations licitations of interest to DBE subcontractors to determine with certainty whether the DBE company is interested in the subcontract opportunity. CHARLEY TOPPING & SONS, INC. understands that this list of affirmative and will include additional approaches after having established familiarity with the action methods is not exhaustive disadvantaged subcontracting ntractin community and/or determined the stated approaches to be ineffective. M. IMPLEMENTATION oats CHARLEY TopplNf) kRoNk I On contracts with specific DBEg • t contract goals as, stated by utilizing its affirmative action me ods. On projects with no will make every effort to meet • ill as an expression of good faith, seek to utilize DBE subcontractors where work is to be specific goals, the Company will, p subcontracted. IV. REPORTING CHARLEY TOPPING & 60M INC, shall keep and maintain such records as are necessary to determine the Company's compliance with its DBE Affirmative Action Plan. The Company will design its record keeping system to indicate: 1. The number of DBE subcontractors and suppliers used by the Company, identifying the items of work, materials and services provided; 2. The efforts and progress being made in obtaining DBE subcontractors through local and community sources; 9 3. Document ation of all contracts, to include correspondence, telephone calls, newspaper advertisements, etc., to obtain DBE participation on all Florida Department of Transportation projects; 4. The Companyshall with Florida Department of Transportation's requirements regarding comply P Y payments to subcontractors including DBEs for each month (estimate period) in which the companies have worked. V. DBE DIRECTORY CHARLEY TOPPING & SONS, INC. will utilize the DBE Directory published by the Florida Department of Transportation. The Company will distribute Form Number 275-030-01, Schedule A Certification Form Number 1, to potential DBE contractors and assist in their completion. ATTACHMENT C REQUIRED CONTRACT PROVISIONS ccncoAr _Ain r_nU_QTR11CTlON CONTRACTS Page I. General ................................ 1 1 il. Nondiscrimination .......................... 3 Ifs. IV. Nonsegregated Facilities ..... • • • . • • • • • • • • • Payment of Predetermined Minimum Wage ......... 3 V. VI. Statements and Payrolls ...... .. ............. 5 Record of Materials, Supplies, and Labor ........... 5 VII. Subletting or Ass'gning the Contract ............... 5 Accident Rreventlon 6 Vill. IX. X. Safety: ..................... False Statements Concerning Highway Projects ...... 6 implementation of Clean Air Act and Federal XI. Water Pollution Control Act ...................... 6 Certification Regarding Debarment, Suspension, 6 Ineligibility, and Voluntary Exclusion ......... Certification Regarding Use of Contract Funds for Xll. Lobbying.................................... 8 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) 1. GENERAL 1. These contract provisions shah apply to all work performed on tion and with the the contract by the contractorso�s immediate assistance of workers under the superinten- dence and to all work per on the contract by piecework, station work, or by subcontract. 2. Except as otherwise ��deada of the stipulationssection, contained n shall insert In each subco these Required Contract Provisions,, and �� order that may�inr inclusion in any lower tier subcontractpurchase turn be made. The Required ant rn Provisions �� shy be be incorporated by reference In any prime responsible for compliance by any subcontractor or lower der subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations s grounds for ted ermination on�of tl�is Contract Provisions shall be sufficientg contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section 1, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 29. 5. Disputes artair�g out of thelabor me tandards V � hes�R provisions Contract IV (except paragra hp 5) and e4 Proviso s shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved In accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor. During the performance of this contract, the contractor shall not: a. discriminate against tabor from any other State, possession, or territory of the United States (except for employment preference for A alachian contracts, when applicable, as specified in Attachment A.or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. N. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportu- ni (EEO) requirements not to discriminate and to take affirmative aeon to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35,29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and impod pursuant to 23 U.S.C. 140 shall se constitute the EEO and specific affirmative mative action standards for the contractor's project activities under this contract. The Equal Opportu- np Specifications set forth under 41 CFR 60- �y Construction Contract 4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 eta .) set forth under 28 CFR 35 and 29 CFR 1630 tes are incorporaeference in this contract. in the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO., a. The contractor will work with the State highway agency aSHA) and the Federal Government in carrying out EEO obligations nd in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shah include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship, preapprenticeship, and/or on-ths4ob training." 2. EEO Offer: The contractor will designate and make known to the SHA contracting officers an EEO Offer who wiN have the responsibility for and must be capable of effectively administering and promoting an active contract:d=sibilky of EEO and who must be assigned adequate authority to do so. 3. Dissemination of Policy: AN members of the contractor's staff who are authorized to hire, supervise, promote, and dischal e employees, or who recommend such action, or who are substanda involved in such action, will be made fully cognizant of, and wi implement, the contractor's EEO policy and contractual responsibiN- ties to provide EEO In each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often then once every six months, at which time the contractors EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. AN new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major asps of the contractors EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructedby P the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractors EEO policy and the procedures to imple- ment such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitnwrrt: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed Form FHWAr-1273 (Rev. 3-94) PN' o in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recrudment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractorIN identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consider- ation. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is :X=ed to observe the provisions of that agreement to the extent thaystem its the contractor's compliance with EEO contract provisions. (Ti�iDOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and proce- dures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shag be established and administered, and personnel actions of every ", including hiring, u , promotion, transfer, demotion, layoff, and termination, s ON N be Faken wit hout regard to race, color, religion, sex, national origin, age or disability. The following pracurea shall be followed: a. The contractor will conduct Inspections sites to insure that work P �ti s of project indicate discriminatorytread conditions and employee facilities do not project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of d1scrimi- natory wage practices. c. The contractor will periodically review selected personnel actions In depth to determine whether there Is evidence of discrimina- tion. Where evidence Is found, the contractor will promptly take corrective action. If the review Indicates that the discrimination may extend beyond the actions reviewed, such corrective action shah include aN affected persons. d. The contractor will promptly investigate aN complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such com- plaints, and will take appropriate corrective action within a reasonable time. If the Investigation indicates that the discrimination may persons other than the complainant, such corrective action shal Include such other persons. Upon completion of each Investigation, the contractor will inform every complainant of all of his avennues o appeal. 8. Training and Prornotlon: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractors work force requirements and as permissible under Federal and State regulations, the contractor shah make full use of trainingprograms, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract Forl'brMance. Where feasible, 25 percent of apprentices or trainees each occupation shall be in their first year of apprenticeship training. In the event a special provision for training is ovidednder this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and win encourage eligible employees to apply for such training and promo- tion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and femaleemployees. contractor either directly or through a contractor's Actions by the n9 as agent will include the procedures set forth below: lion acts a. The contractor will use best efforts to develop, in coopera- tion with the unions, joint training programs aimed toward quaIMAng more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use beat efforts to incorporate an EEO clause Into each union agreement to the and that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. C. The contactor is to obtain Infonmation as to the referral practices and policies of the labor union except that to the extent such information Is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contactor with a reasonable flow of minortty and women referrals within the time limit set forth in the ceNective bargaining agreement, the contractor vw hacancies ull Independent recruitment efforts, fill the employment regard race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable rnvK sty group persons and women. that it shall be no excuse that the union with which the DOL has held a aoMecdve bargaining a �� has ng agreement providing fbr exclusive referral failed to refer minority employees.) in the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11248, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of ctore, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors in ment of materials and leases of ducting procurs- equipment. a. The contractor shah notify all potential subcontractors and suppliers of his/her EEO obligations under this contract.. b. Disadvantaged business enterprises (DOE), as defined in 49 CFR 23, shaN have equal opportunity to compete for and perform subcontracts which the connhwwoor enters into pursuant to this contract. The contractor wiN use his best efforts to solicit bids from and to utilize DOE subcontand femaleractors or subcontractors with meaningful Contractors �yushaN obtain lis r��tion among their employees. is of DOE consbvction firms from SHA personnel. C. The contractor will use his best efforts to ensure subcontrac. for compNanCe with their EEO obligations. 9. Records and Reports: The Contractor shall keep such records as necessary to document compNance with the EEO requirements. Such records shah be retained for a period of three ears follows completion of the contract work and shall be available at reasonable times and places fior inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shah document the following: (1) The number of minority and non -minority group members and women employed In each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring. tr`aiining. qualifying, and upgrading minority and female employees; services o 4�BE su�bc�onteradors effortsand �i� idwith s in securing the minority and female representation among their employees.eaningful b. The contractors will submit an annual report to the SHA Page 2 Form FHWA-1273 (Rev. 3-94) each July for the duration of the project, indicating the number of minority women, and non -minority group employees currently engaged In each work classification required the 39contract the This information is to be reported o e fob training is being required by special provision, the contractor will be required to collect and report training data. IN. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supppplIyy agreement or purchase order, as appropriate, the bidder, Fedefal-aid construc- tion contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated faculties at any of its establishments, and that the firm does not permit its employeewheres to perform their servfacilitiesices at any location, under its control�sch of�tcertificatlon is a are maintained. The Arm agrees violation of the EEO provisions of �� adequate certifies that no employee will be ties on the basis of sex or disability. b. As used In this certification, the tern "segregated facilities' means any waiting rooms, work areas, restroorns and washrooms, restaurants and other eating areas, tirnedocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains,, recreation or entertainment a s �� are and � explicR facilities provided for employee seW directive, or are, in fact, segregated on the basis of race. ookx, religion, national origin, age or, disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (s.g. disabled parking). c. The contractor agrees that a obtained or material r will obtain identical codification from props suppliers prior to award of su or consummation of material suppply agreements of $10,000 or more and that it will retain such certifications In its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE ((A�p-plicablo to all Federal -old construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as locroads s of rural m�norcollec tors, which are exempt.) a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subset deduction or rebate on any account [except such i payroll the � � of Laboare r under thitted is regulations (29 CFR 3) salad by tart' Copeland Act 40 U.S.C. 2T6c)j the full amounts of wages and bona fide�ings benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wags rates not less than those contained In the wage determination of the Secretary of Labor (hereinaRor "the wage determination') which Is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the coi ib actor or its subcon- tractors and such laborers and mechanics. The wage determination (including any additional classifications and =tar tes conformed under h 2 of this Section IV and the (WH-1321) or Form FIA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where It can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide frin27016s) benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also: for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not teas often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during sucn wee period. Such laborers and mechanics shall bey paid the aPPropri-a wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill exceo as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work In more than one classification may worked therein, be comperes specifiedf thateach classification for the time actually , provided, e Io era payroll records accurately set forth the time spent in each cla sificatioiwhich work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference In this contract. 2. Classiflcation: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classifica- tion, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be pet lurmed by the additional classifica- tion requested is not perfoormed by a classification In the wage determination; (2) the additional classification is utilized in the area by the construction industry, (3) the proposed walp rate, Including any bona fide hinge benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work Is performed. c. if the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting offlow agree on the classification and wage rate {including the amount designated for fringe benefits where ap ro , a report of the action taken shall be sent by the conttr n9 o to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve. modify, or disapprove every additional classification action within 30 days of receipt and so advise the con=fficer or will notify the contract- ing ofAcar within the 30-day period t t additional time is necessary. d. In the event the contractor or subcontractors, as ap - ate, the laborers or mechanics to be employed In the ad floral classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer Me questions, including the views of all interested parties and the recommendation of the contofficer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issues determina- tion within 30 days of receipt and so advise the contracting offfc or or will notify the cones officer within the 30-day period that additional time is necessary e. The wage rate (Including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be F aid to all workers performing work in the additional classification rom the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate pprescribed in the contract for a class of laborers or mechanics ind% a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, holshe may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bons fide fringe benefits under a plan or proam, provided, that the Secretary of Labor has found, upon the en request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Form FHWA-1273 (Rev. 3-94) Page 3 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work the yy performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Tra" Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency P P a9 Y recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employ- ment as an apprentice in such an apprenticeshipwho hprogram, who is not individually registered in the program, but as been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employ- ment as an app►entice. employees2orThthsallowable ob site in ratioof craft cleaver to journeyman -level greeter than the ratio � classification shah not be force under the r is permitted to a contractor as to the entire work force an under program. Any employee listed on a payroll apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wags determination for the d off work actua performed. in addition, an a mice on the y Plo9 job s tie in excess of the ratio=applicable fitted under the registered program shall bs ald not less than wage rats on the wage determination for the work actually performed. Where a contractor or subcoontrector is rfornIng construction on a project in a locality other than that In wthn its program is istensd the r and wage rates expressed in percentages of the g level hourly rate) s ed In the contractor's of suboontrac%%R 1I ��-level program she be observed, registered (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprenbce's level of Progress, expressed as apercentage of the joumeyymm -level hourly rate specified in the applicable wage detemnina=8771pprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship prograses m. if the apprenticeship program donot specify fringe benefits. apprentices must be paid the fuN amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and }tour Division determines that a different practice prevails for the applicable apprentice classification, fringes shag be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and TraWnn�g or a State apprenticeship agency recognized by the Bureau, with- ,, draws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to udNze apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered In a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman -level employees on the job site shag not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the Pa at a trainee rate who is not registered and participatingin a trains ran a eg n9 P approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level how rate specified in the applicable wage determination. Trainees shag be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention f I s, benefits trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there Is an apprenticeship program associ- ated with the corresponding journeyman -level wage rate on the wage determination which Provides for less than full hinge benefits fbr apprentices, in which case such trainees shag receive the same fringe benefits as apprentices. (4) in the event the Employment and Training AdminisbW. tion withdraws approval of a training program, the contractor or subcontractor will no longer be permtted to utilize trainees at le than the applicable predetermined rate for the work performed until an acceptable program Is approved. C. Helpers: classification rips specified be permitted to work on a project if the helper determination or is ppecified and defined on the applicable wage set forth in Section IVp2. Any worker listed on ved pursuant to the formance procedure payroll at a helper wage rate, who Is not a h viper under a approved definition, shall be paid not less than the applicable wage rate on the wage determina- tion for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training which have been certified by the Secretary of Transportation promoting EEO in connection with F highway construction Programs are not subjectrequirements of paragraph 4 of this Section IV. The stmigh me hourly for approntioes and trainees under such y tee b the rograms will be e�itablished y Particular . The ratio of and trainees to Journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontreclor-under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis-9acon prevailing wage requirements which Is hell by fhe same prime contractor a much of the accrued a s payments or advances as m be Qonsiderod necessary to pay laborers and mechanics, find'-Z; apprentices, traineel, and helpers• employed by the contractor or any subconbic- tor the fug amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, Including an apprentice, trainee, or helper, employed or Y part of the we squired by the �° �� 1: qwork.he � er may, after= notice to the contractor, take such a contracting offer necessary to cause the suspension of an further coon a may be or guarantee of funds until such violations have ceased. advance, 7. Overtime Requirements: No contractor or subcontractor cxw itracting for any part of the contract work which may require or involve ft employment of laborers, mechanics, watchrri6 , or guards (Includinga p ntices trainees, and helpers described In paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in workweek in which he/she is employed on such work, to work excess of 40 hours In such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half tines his/her basic rate of pay for all hours worked in excess of 40 hours in such Lek. S. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph T contractor and any subcontractor r,esponsibie thereof shall above, � abblse to the affected employee for his/her un aid wages. In addition, such contractor and subcontractor shag be Flable to the Unit ed in the case of work done under contract for the District of Cowmtbla (or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shag be computed with respect to each individual laborer, mechanic, watchman, or guard employed in th violation of the clause set forth In pa 7, in e sum of $10 for each calendar day on which such el was required orpermit- ted to work in excess of the standard work week of 40 hours ii'thout Payment of the overtime wages required by the clause set forth In paragraph 7. 9. Withholding for unpaid Wages and Liquidated Damages: Page 4 Form FHWA-1273 (Rev. 3-94) The SHA shall upon its own action upon hold, written utoabney authorized representative of the DOL withheld, from any monies payable on account of work performed by the contractor or subcontractor unde�any scuor�itra tor, o anor y other other Federal contract with the same p Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined tofors unpaid to � wages and liabilities of such contractor or subcontractorPa liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classi fied as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shag contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paW- (including rates of contribu- tions or costs anticipated for bona fide frin a benefits or cash equivalent thereof the types described in Seaton 1(b)(2XB) of the aq Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appala- chian contracts, the payroll records shall contain a notation Indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic Include the amount of any coats reasonably anticipsted in providing benefits under a plan or n p aaggram described in = I (bX2XB) of the Davis Bacon Act, the contractor and each subcontractor shag maintain records which show that the commitment to provide such benefits is enkmveabls, that the plan or program is financially=1o Bible, that the plan or program has been communicated In the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shah maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week In which any contract work 4XIleach erformed, to the SHA resident engineer a payroll of wages of its employees (including apprentices, trainees, and helpers, described In Section IV, para- gr hs 4 and 5, and watchmen and guards engaged on work during the precedi -weekly payroll dod). The payroll submitted shall set out accuraA and complet all of the information required to be maintained under paragraph b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superin- tendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shag be accompanied by a "State- ment of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shag certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information Is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages eamed, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages eamed, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification se t t forth on the reverse side of Optionl Form WH-347 shall satin the requirement for submission of the "Statement of Compliance required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for ins Lion, copying, or transc rippt��ion by authorized representatives o the SHA, the FHWA, or the M. and shag permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records uponrequest or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS. SUPPLIES,, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for bridge is less than $1000000 � ( roadway and a 23 CFR 635) the contractoroshah: a. Become familiar with the list of specific materials and suppgas contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contrail. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required In paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount owned. 2. At the prime contractors option, either a single report coverin all contract work or separate reports for the contractor and for each subcontract shag be submitted. Vll. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items =Ignated by the State. S items ma be performed by subbid and the amount of any such specialty items performed may be deducted from the total o inal contract price befiore computingthe amount of work required to be performed by the contractors on organization (23 CFR 635). a. "Its own organization" shag be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of Form FHWA-1273 (Rev. 3-94) Pam' 5 a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations Q and expected to bid on the contract as a whole and in generalso are t be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth In paragraph 1 of Section VII is computed includes the cost of material 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 employed by the firm, has full authority to direct performance of the work In accordance with the contract require- ments, and is in charge of all construction operations (regardless of who performs the worts) and (b) such other of its own organizational resources (supervision, management, and engineerinservices) as the SHA contracting offtCer determines is necessary to assure the performance of the contract. 4. No portion of the contract shag be sublet, assigned or otherwise disposed of except with the written consent of the SHA contra officer, or authorized r contracting representative, and such consent when given shaN not be construed to reNeve the contractor of any responsibility far the fulfillment of the contract, Written consent will be given only after the SHA has assured that each subcontract is evidenced In ov hang and that it contains all pertinent provisions and requirements prime contract. VM- SAFETY: ACCIDENT PREVENTION 1. in the rformance of this contract the contractor shall comply with aN ap cable Federal, State, and local laws governing safety, health, a sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA officer may determine, to be reasonably necessary to protect th life and health of employees on the job and the safety of the pubNc and to prated property In connection with the performance of the worts covered by the contract. 2. It Is a condition of this contract, and shag be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employes, in performarwe of the contract, to work In surround- ings or under conditions which are unsanitoy, hazardous or danger- ous to his/her health or safety, as safety and hearth standards (29 CFR 1926� mtAated b Secretary of Labor, in accordance with Section107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract pperfoormence to inspect or In vestigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract 1Nork Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in confor- mity with approved Plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Fed It is essential that all �"� hay projects, functions as carefuMy�tharnosug thoroughly, h�nes�tIey ��d perform their falsification, distortion, or misrepresentation with respect possible. Ifact i related to the project is a violation of Federal law. Troevenyt any misunderstanding regarding the seriousness of these and simNayr acts, the following notice shag be posted on each Federal -aid highway Project (23 CFR 635) in one or more faces where it i readily available to all persons concerned with the project: s NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State of Tem►tory, or whoever, whether a n assocletAw, firm, or corporation, knowingly makes any false state. ment, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any h�' way or related project submitted for approval to the Secretary of Transportation; or Whoeverknowingljr makes any false statement, false reprosenta- t;on, false report or false claim with respect to the character, quality, qusnthy, or cost of any work performed or to be perfoormed, marl matedals fumished or to be fumished, in connection with the construction of any highway or related prey'ect approved by the Secretary of Transportation; or WhoeverknoWngAlyymakes anyfelse statementorfalse representa- tion as to materiel fact in any statement, cerftate, or report submitted pursuant to provisions of the Federal aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supple- mented; Shall be tined not more that $10, 000 or imprisoned not more than 5 years or both.' X. iMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as foNows; 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 at sgg., as amended by Pub-L. 91-604), and under the Federal Water l�lo fution Control Act, as amended 33 � U.S.C.1251 g( ., as amended by pub. L. 92-500 , Executive Order 11738, and regulations in implementation thereof 40 CFR 15 is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comTof ly and remain In compliance with all the requirements of Section 11 the Clean Air Act and Section 3011 of the Federal Water Pollution Control Ad and aN regulations and guidelines listed thereunder. 3. That the fine shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, indicating that a facility that is or wiN be utilized for the contract is under consideration to be listed on the EPA List f o Violating Facilities. 4. That the Arm agrees to include or cause to be Included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subconbW, and further agrees to take such action as the govemment may direct as a means of enforcing such requirements. X1. CERTIFICATION REGARDING DEBARMENT SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for COrMcation - Primary Covered Transac- tions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signingg and submitting this proposal, the prospective Primary Participant is providing the certification set out below. b. The inability of a person to provide the cer#iffcaWn set out below wiN not necessarily result in denial of participation in this covered transaction. The prospective partfci ant shall submit an explanation of why it cannot provide the cert�ation set out below. e certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to fumish a certification or an explanation shaN disqualify such a Person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. if it is later deter- mined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this Paw e Form FHWA-1273 (Rev. 3-94) transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal Is submitted if any time the prospective primary participant teams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 9. The terms "covered transaction," "debarred; "suspended.' "ineligible," "lower tier covered transactioon " "participant," person," "primary covered transaction. principal, proposal, and "voluntarily excluded, as used in this clause, have lea implementing out inExecuthe Definitions and Coverage sections of or agent to which Order 12549. of those this proposal is submitted for assistance In obtaining a copy regulations. f. The prospective primary participant Uansaction�t�e�entered this proposal that, should the proposed covered into, it shall not knowingly enter into any lower tier covered transac- tion with a p rson who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g The prospective rimary participant further agrees by Pt submitting this proposal that will include the clause tided " ertitics- tion Regarding Debiwmento Suspension, InelMbility and Voluntary Exclusion -Lower Tier Covered Transaction, provided by the department or agency entering into this covered transaction, without modification, In ON lower tier covered transactions and in all solidta- tions for lower tier covered transactions. h. A participant In a covered transaction may rely upon a certification of a pros=pectiv particcipant in a lower tier covered transaction that Is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and usn which it determines the eligibility of Its principals. Each but is not iced to check the non rement participant may, requ portion of the "Lists of Parties Excluded From Federal Procurement r Nonprocurement Pr ograms" (Nonprocurement List) which Is compiled by the General Services Administration. I. Nothing contained in the foregoing �� sin order to render Ibe construed n require establishment of a system records good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that Is normally possessed by a prudent person in the ordinary course of business dealings. 1. Except for transactions authorized under paragraph f of thes e instructions, if a participant In a covered transaction knowingly enters into a lower tier covered transaction� a person o Is sussppended, debarred, ineligible, or pariidpation in this transaction, in addition to other remedles available to the Federal Govemment, the department or agency may terminate Ws transaction for cause or default. Certification Regarding Debarment, Suspension, Inell ibility and VoluntaryExclusion--Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its prindpab: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil udg� td m commission of fraud or a criminalosconnection��obtan tic Federal, State or ing, attemp tg to obtain, or performing a pub local transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civil charged by a governmental entity (Federal, State or local) wit commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this appNca- tioMproposal had one or more=it. transactions (Federal, State or local) terminated for cause or 2. Where the prospective primary participant Is unable to certify to any of the statements in this wrttr i adon, such prospective participant o shall attach an explanation proposal. • * Is Is i 2. instructions for Certification -Lower Tier Covered Transac- tions: (Applicable to all subcontracts, purchase4FRorders wer and other lo tier transactions of $25.000 or more a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause Is a material representation of fact upon which reliance was placed when this transaction was entered into. if it is later determined that the prospective lower tier participant knowingly rendered an erroneous codification.- In addition d Federal Government, the depart- ments or a y with which this transaction originated may pursue available rwiles, including suspension and/or debarment. c. The prospective lower tier participant shall provide Immedi- ate written notice to the person to which this proposal is submitted if at any time the prospective lower beer participant teams that its certification was erroneous by reason of dtanged circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," person," "prindpsl," "proposed," and *voluntarly excluded," as used in this clause have the meanings set out in the Definitions and Coverage sections of rubs implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance In obtaining a copy of those regulations. e. The p=,schtovuld a lower tier participant agrees by submitting this proposal the p covered transaction be enterd into, it shall not knowingly enter into any lower der covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submittingthis proposal that it will include this clause tided "Certifica- tion Rearding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction, without modification, in all lower Her covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and Form FHWA-1273 (Rev. 3-94) Pap 7 frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and Information of participan its not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation In this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, ineligibility and Vokintary clusion—Lower Tier Covend Transactions: 1. The prospective lower liar participant certifies, by submission of this proposal, that neither it nor i principals Is presentlydebarred suspended, c sed for debarment, declared ineligibe, or volun- tarily excluded Fromm participation In this transaction b an Federal department or agency. y y 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certlfication, such prospective participant shall attach an explanation to this proposal. Xp. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for inAuenci or attempting to influence an officer or ern an employee of y Fed e;Z agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the enteringinto of an t agreement. y cooperative g and t extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal a p� ated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or of an Federal agency, a Memt of Congress, an officer or amp of Congress, or an employee of a Member of Congress In connection with this Federal contract loan, or cooperadve agreement, the undersigned shall com ietge and submit Standard Form-LLL, ~Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification Is a material representation of fact upon which reliance wars placed when this transaction was made or entered into. Submission of this certification is a prerequisite fbr making or entering into this transaction Imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Pop a Form FHWA-1273 (Rev. 3-94) ATTACHMENT A • EMPLOYMENT PREFERENCE IARENCE FOR APPALACHN (Applicable to Appalachian contracts only.) 1. During the performance of this contract, the contractor under- taking to do work which is, or reasonably may be, done as on -site work, shall give pref4rer►ce to qualifiedpp�herein°� regularly nat a t work reside in the labor area as designated by th is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1 c shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 2. The contractor shall place a job order with the State Employ- ment Service indicating a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required In each classification. (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employ- ment Service to complete the job order form. The job order may be laced with the State Employment Service in writing or by telephone. uring the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all quaaRed job applicants referred to him by the State Employment Service. Ths contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work requird. 4. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contrac- tor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph I above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. Form FHWA 1273 (Rev. 3-94) Pap ATTACHMENT D STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-021-13 EQUAL OPPORTUNITY NOTIFICATION TO FDOT OF EEO OFFICER 01107 Mail signed original to: • Suwannee Street -MS 65, Tallahassee, FI 32399-0450 FDOT Equal O ortunl Office , 645 Section 1: COMPANY IDENTIFICATION 1. Contractor Name: 2.. FEID No.: 4. Home Office Mailing Address: (city, State, Zip)) 3. Home Office Mailing Address: (street) 5. Main Phone Number: 6. Fax Number: 7. What is being Initial EEO Officer Notice to FDOT New Person A inted Appointee Chan Name Contact Data Cha ed changed? Yes No Yes No Yes N o Yes N o Section 2: EEO OFFICER IDENTIFICATION 8. Name of EEO Officer: ( first name, middle initial, last name) 9. EEO Officers working rile: 10. Work Address of EEO Officer: (street) 11. Work Address of EEO Officer. (city, state, zip) ) 12. EEO Officer Phone Number: 13. EEO Officer Fax Number: 44. EEO Officer email address: Section 3: SIGNATURE OF CORPORATE OFFICIAL • ment Opportunity Special Provisions included in Federally Funded As required in the Equal Employ PP ty • rtuni • Contracts and as required in the Equal Employment opportunity Highway Construction Co Requi rements included in all State funded highway construction contracts, this official notice of EEO• • date is made to the Florida Department of Transportation and the Officer appointment (and/or update) • • n regarding the Highway Administration (FHWA). I understand that additional Information g 9 U.S. Federal g Y EEO Officer, the EEO Policy .and other aspects of the construction contract compliance program may be found in the EEO Construction Contract Compliance Workbook. 15. Appointing Official's signature: -- it Date: (IMDayffl.) 17. Official's Name: (printed) 18. Official's Tide: (printed) (This Section For FDOT Use) Section 4: Processing of Notification 19. Processed by: (First and Last Name) 20. Date Processed: (moldaylyr) DISTRIBUTION: Original to FDOT Central EO Office Files; Copy: Mailed to Contractor UPDATE ACTION: InpiA In FOR System 275-021-13 EQUAL OPPORTUNITY 01/07 State of Florida Department of Transportation EEO Officer Notification This form is used by contractors to communicate the appointment of an EEO Officer and to provide EEO Officer Contact data. The form is also used to u P e update that information in the event of new appointees, name changes or contact data changes. Refer to the EEO Construction Contract Compliance Workbook and the FDOT contract for compliance program requirements and instruction s. ns. The contractor mails original of the completed form to FDOT Equal Opportunity Office 605 Suwannee Street -MS 65 Tallahassee, FI 32399-0450 A copy of the form is returned to the contractor upon completion of processing Y b FDOT General: Com lete all boxes each time this form is submitted Section 1: Project Identification Box 1 Contractor Name — The name of the contractor. Box 2 FEID No. — The contractor's Federal Identification Number Box 3 - Home Office Mailing Address (Street) — The contractor's home office street address; if the business' home office is outside of Florida, indicate the address of the Florida Home Office. Box 4= Home Office Mailing Address (City, State, Zip) — The contractor's h . p) home office city, state and zip code, if the business home office is outside of ndicate the Florida,� address of the Florida Home Office. Box 5 Main Phone No. — Area code and phone number contractor's main business phone Box 6 Fax Number No. — Area code and phone number contractor's main fa x Box 7 What is Being Changed? — Mark `Yes' or `No" to indicate if thisi ' s the company's initial submission of EEO Officer information; If a new person has been Officer, P appointed as EEO er, If the appointee of record had a name change, and if the appointee's c being updated. PP contact data is P Section 2: EEO Officer identification Box 8 Name of EEO Officer — First name, middle initial and last name of EEO Officer Box 9 EEO Officer's Working Title — Job title if the EEO Officer has oth er duties (e.g. Treasurer, Manager of Contract Services, etc) Box 10 Work Address of EEO Officer (Street)— Address of EEO Off ' Officer's office Box 11 Work Address of EEO Officer (City, State, Zip)— Address ' of EEO Officer's office Box 12 EEO Officer Phone Number — Area code and hone number r for EEO Officer Box 13 EEO Officer Fax Number — Area code and fax number for EEO Officer Box 14 EEO Officer email address — EEO Officer Email address Section 3: Si nature of Com orate Official Box 15 Appointing Official's Signature — Signature of Company ' 9 p y Official responsible for EEO Officer Appointment Box 16 Date (Mo/DayNear) — Date appointingofficial signs this Notification g tification form Box 17 Official's Name (printed) — Printed first name and last name' of person signing Box 15 Box 18 Official's Title (printed) — Printed title of person signing Box P 9 g 15 e.g. President, CEO , etc) Section 4: Processina of Notification This section is completed by FDOT Box 19 Processed by — First and last name of person processing ' Bo P P g the Notification x 20 Date Processed — Date processing is completed 275-021-05 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EQUAL OPPORTUNITY RECORD OF SUPERVISORY AND OFFICE PERSONNEL 01/07 R EEO MEETING OR INDIVIDUAL ORIENTATION ATTACH ADDITIONAL PAGES IF NECESSARY Palm Drive Bridge Repair Pro'e�ct BID FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASING DEPARTMENT 1100 SIMONTON STREET, ROOM 1-213 KEY WEST, FLORIDA 33040 BID FROM: (3�r ) e i Y1 O o del The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Bid Documents for the construction of: Palm Drive (Bavpoint) Bridge Repair Project Monroe County, Florida and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman -like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he understands the conditions under which the Work is Lo be performed. The successful bidder shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned shall perform the work at the Unit Price Indicated on the following Bid Form. Further, it is understood that the Bid Form Quantities are estimated for evaluation purposes only and that the final contract price will be determined from the actual quantities measured for payment in accordance with the Contract Documents. C�h P...' R\ALIV) diedDol'o�1�SG��" (Total Base Bid -words) � �"t` 1%2 "i--t, v1 Ci v''P a Cr �fi7 I hr-ee, '30 9/ 0-- -) 'f'J C (Total Base Bid- numbers) Signature Date 08/05/09 BID PROPOSAL 00110-3 Palm Drive Bridge Repair Project I acknowledge receipt of Addenda J>1o. (s) 1 2 3 . I have included the Bid Proposal which entails the ProQosal Form the Non -Co lusion Affidavit V ,the Lobbying and Conflict of Interest Clause V he Drug -Free Workplace Form ✓, the Bid Bond ✓ ,the Bidder's ✓ Insurance Statement � . Also ' clude a copy of valid licenses � .Additional Informatio , Buy America certification �, Certification Regarding Suspension and Debarment , Certification Regarding Suspension and Debarment, Lower Tier Transaction ,Disadvantaged Business Enterprise Program certification ✓ ,Equal Employment Opportuniequirements certification, Certification Regarding the Use of Contract Funds for I,,obbying and FDOT Form 275-030-10 Construction Contractors Bid Opportunity List. (The above is intended as a courtesy review checklist of the required bid items. However, it does not imply that these are the only items needed. There may be additional requirements not listed here that are listed in other sections of the Project Manual. It is the Contactors responsibility to provide all required bid items.) Mailing Address: C�1 V_ Ie !10i h 0 �a'ls i C. �0 c7Y 5� ESfi �=L 330Li � Phone Number. ✓ �5 G f Co —'t G U C, Datc: `� G C) C1 Signed: V10 (Name) (Title) Witness: (Seal) 08/05/09 BID PROPOSAL 00110-4 op ` C) Q p e a � J UL IZ � � S .5d 1 r 3 --� -�7 a ul V .,�. L �11 0 Q CL ,u C u L G C7 w A U an 8 • Z N ri 4 wi .16 O c� 08/05/09 BID PROPOSAL 00110-5 Palm Drive Bridge KeRair Pro ` NON -COLLUSION AFFIDAVIT i h Q of the city of �e 25� according to law on my oath, and under penalty of rerju ,depose and say that; 1. I am vresl of the firm of CI\dV')e o ,the bidder making the Proposal for the project de cribed i the nonce for calling for bids for: Palm Drive (BgyRoino Bridge Repair Project Monroe County, Florida and that I executed the said proposal with full authority to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such process with any other bidder or with any competitor; 3.) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4.) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5.) the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. C? J k-ezv�� (Signature of Bidder) STATE OF: COUNTY OF: do ro (Date) PERSONALLY APPEARED BEFORE ME, the undersigned authority, o P .1 V1 0 (name of in 'vidual signing) who after first being sworn by me, affixedher signature in the space ro ided above on this day of 2009 -' NOTARY P11UIC My commission expires: RONAIO J. I1MYNK - Stota d raw My CWM, bpim AW 199 211� Com"Sion # 00 11010 �N No" lidul �. 08/05/09 BID PROPOSAL 00110-6 Palm Drive Bridge Repair Protect LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 Ch00"�� a��ey to MONROE COUNTY, FLORIDA 0 Q'ITY11s, (Company) it... warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". 0---i (9 4, 90 (Signature) (Date) STATE OF COUNTY OF / y I OV)\f'0 e PERSONALLY APPEARED BEFORE ME, the undersigned authority, Owho, after first being sworn by me, affixed his/her Signature �A4"J" in the space provided (Name of individual signing) Above on this [ day of �� 20 0 NOTARY PUBW. My commis s: pp�,p,I, AMAtTIIONi Noanr Pwwe - NO a paia . • My cam. AM l,, 2013 c01911"Mm # oo 91e610 08/05/09 BID PROPOSAL 00110-7 Palm Drive Bridge Repair Proi ect DRUG -FREE WORKPLACE FORM The undersigned Contractor in accordance with Fl. Statute 287.087 hereby certifies that: P-"%N o P P I v� o c� crns, -I-� c (N#md of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employees will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain adrug-free workplace through implementation of this section. As a person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 4� � a 4 j:L,0� Bidder's Signature )19)05 Date 08/05/09 BID PROPOSAL 00110-8 Pat, m Drive Bridge c2air F_QJtqt SECTION 00I10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Charley Toppino & Sons, Inc. (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and The Hanover Insurance Company (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called the Surety, are held and firmly bound untoMonroe County Board of County Commissioners (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sure of 5% of Bid Proposal Submitted ---------------------------------------- Dollars($ -------- 5%------- }� w - for the payment of which suin well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid forPalm Drive (Baypoint) Bridge Repair Project (Here insert full name, address and description of project) NOW, TBEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall -enter a Contract with the Obligee in accordance with the terries of such bid, and give such bond or bonds as may be spec cd in the bidding or Contract documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full farce and effect., Signed and sealed this 9th day ofSeptember "2a 09 . (Witness) f --C (Wit ss) Charley Toppino & Sons, Inc. (Principal) (Seal) (Tit e) The Hqqover Insurance Company (S (Tit Willia L. Parker, Attorney in Fact & Florida Resident Agent 08/05/09 BID PROPOSAL - 00110-9 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Charles C. Ball, Ileana M. Bauza, William F. Kleis, Davor 1. Mimlca and/or William L. Parker of Miami, FL and each is a true and lawful Attomey(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorneys) -in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 8th day of July 2009. t L THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZEN&WSURANCE COMPANY OF AMERICA Mary Jeanne 6(ddon, Vice PrejdVt Robert K. Grennan, AssistanfVice President On this 8th day of July 2009, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. Cs�oniman P wM d Notely Paimc M�rCaw�E�i:t% My commission expires on November 3, 2011 1, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 9 t h day of September . 20 0 9 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITI S INSU CE CO ANY OF ERICA Step Brau1, s-istaOT Vici Pres nt Palm Drive i3!•idge Repair Project hNSURAN CE AGENT`S STATEMk;NT I have reviewed the above requirements with the bidden nained below. The following deductibles apply to the coiTesponding policy. POLICY Liability policies are Occurrence • insurance Agency DEDUCTIBLES 201 nv v U. a c� C:iaims e Signature BIDDER'S STATEMENT I undecstwid the insurance that will be mandatoq if awarded the contract and will comply in full with all the nxluircnients. $idler Sig ature 08/05/09 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-6 Palm Drive Bridge Repair Project Bidder's Insurance Statement The Insurance requirements are set forth in Section 00900 of the project manual as follows: Insurance Requirement Limits Worker's Compensation Statutory Limits Employer's Liability WC2 $5009000/$500,000/$5001000 WCUSLH Same as Employers Liability WCJA Same as Employers Liability General Liability GL2 $250,000 per person; $500,000 per occurrence $50,000 Property Damage or $300,000 Combined Single Limit GLXCU *Required Endorsement Underground, Explosion and Collapse (XCU) Vehicle Liability VL2 $100,000 per person; $300,000 per occurrence (Owned, hired and $50,000 Property Damage Non- owned Vehicles) or $300,000 Combined Limit I understand the insurance that will be mandatory if awarded the contract and will comply in full with all these requirements. All insurers shall have an A.M. Best rating of VI or better and shall be licensed to do business in the state of Florida. 0 VA CvJ/ 42 _Iv� 0 (DI 4 /� Name of B mess Signature D Lv) C 08/05/09 BID PROPOSAL 00110-10 Palm Drive Bridge Repair Project BUY AMERICA CERTIFICATION OF COMPLIANCE Buy America Requirements The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000). The Contractor must agree to comply with 49 U.S.C. 53230) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used are produced in the United States, unless a waiver has been granted or the product is subject to a general waiver. General waivers are listed in 49 CFR661.7. The Buy America Certificate, below must be completed and submitted with the bid. A bid, which does not include the certificate, will be considered non -responsive. FDOT Supplemental Specification Section 6-12.2, Source of Supply -Steel is included in as an attachment to Section 01000 Special Conditions. Buy America Certificate The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. Section 5323 6) (1). Section 165 (a) of the Surface Transportation Assistance Act of 1982, as amended, but it may qualify for an exception to the requirements pursuant to Section 165 (b)(2) or (bx4) of the Surface Transportation Assistance Act of 1982 and regulation in 49 CFR 661.7. Firm Name: _11CW IeX ci7 / Date: C:%l9 C)q Signature:(.3 � ��A, � �yl�:.�/"► `.`-w0 Printed Name: � Y`d.�,1 V`. �, , (OFF V1 Title: 08/05/09 BID PROPOSAL 00110-11 Palm Drive Bridge Repair Proi ect CERTIFICATION REGARDING SUSPENSION AND DEBARMENT Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 08/05/09 BID PROPOSAL 00110-12 Palm Drive Bridge Repair Proi ect CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION --PRIMARY COVERED TRANSACTIONS 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or Contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, them, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this application/proposal had 1 or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Firm Name: Date: � � �'t 09 Signature: '�Y�v Printed Name: 1'Y�\ � � T"" Y1 0 Title: 08/05/09 BID PROPOSAL 00110-13 Palm Drive Bridge Repair Protect CERTIFICATION REGARDING SUSPENSION AND DEBARMENT LOWER TIER TRANSACTIONS Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 08/05/09 BID PROPOSAL 00110-14 Palm Drive Bridge Repair Proiect CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION --LOWER TIER COVERED TRANSACTIONS: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Firm Name: cv� ��- � ey j o� � � h � � Dam: g J q J 09 Printed Name: 1--�d� �'\ F' � IV) Title: VY-V,SI 08/05/09 BID PROPOSAL 00110-15 Palm Drive Bridge Repair Project DISADVANTAGED BUSINESS ENTERPRISE PROGRAM The Disadvantaged Business Enterprise Availability Goal The Florida Department of Transportation has a race neutral Disadvantaged Business Enterprise Program Plan with an 8.1 % DBE availability goal. Race neutral means that FDOT does not assign individual goals to each project, but it attempts to achieve the goal through the normal competitive procurement process. To achieve this goal FDOT encourages contractors to obtain bids from Certified Disadvantaged Business Enterprises. This DBE availability goal percentage is not a mandatory contract specification, but it is a guide to inform the contractor of the work that could reasonably be contracted to a DBE. For this project, Monroe County will comply with the guidelines of Florida's Department of Transportation Disadvantaged Business Enterprise Program, adopt the FDOT DBE availability goal of 8.1 %, and encourage contractors to obtain bids from Certified Disadvantaged Business Enterprises to meet the 8.1 % DBE availability goal. The DBE availability goal is not a mandatory contract specification, but is a guide to inform the contractor of the work that could reasonably be contracted to a DBE. CONTRACTOR REQUIREMENTS General: Prior to award of the Contract, have an approved DBE Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded until the Department approves the Plan. The DBE Affirmative Action Program Plan and commitment to carry out the Plan must be incorporated into and become a part of the awarded Contract. Failure to keep these commitments will be deemed noncompliance with these Specifications and a breach of the Contract. Take all necessary and reasonable steps to ensure that FDOT Certified Disadvantaged Business Enterprises, as defined in 49 CFR Part 26 and DOT Rule Chapter 14-78, have the opportunity to participate in, compete for and perform subcontracts. Do not discriminate on the basis of age, race, color, religion, national origin, sex or disability in the award and performance of DOT assisted Contracts. Plan Requirements: Include the following in the DBE Affirmative Action Program Plan: A. A policy statement, expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible. The policy making body must issue a policy statement signed by the chairperson, which expresses its commitment to utilize DBEs, outlines the various levels of responsibility, and states the objectives of the program. Circulate the policy statement throughout the Contractor's organization. B. The designation of a Liaison Officer within the Contractor's organization, as well as support staff, necessary and proper to administer the program, and a description of the authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing, managing, and implementing the program on a day-to-day basis for carrying out technical assistance activities for DBEs and for disseminating information on available business opportunities so that DBEs are provided an equitable opportunity to participate in Contracts let by the Department. Use techniques to facilitate DBE participation in contracting activities which include, but are not limited to: 1. Soliciting price quotations and arranging a time for the review of plans, quantities, specifications, and delivery schedules, and for the preparation and presentation of quotations. 2. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing, or technical assistance. 3. Carrying out information and communication programs or workshops on contracting procedures and specific contracting opportunities in a timely manner, with such programs being bilingual where appropriate. 4. Encouraging eligible DBEs to apply for certification with the Department. 08/05/09 BID PROPOSAL 00110-16 Palm Drive Bridge Repair 'r Project 5. Contacting Minority Contractor Associations and city and county agencies with programs for disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the Department. DBE Records and Reports: Submit the Anticipated DBE Participation Statement at or before the Pre - Construction Conference. Report monthly, through the Equal Opportunity Reporting System on the Department's Website, actual payments, retainage, minority status, and work type of all subcontractors and major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following: A. The procedures adopted to comply with these Specifications; B. The number of subordinated Contracts on Department projects awarded to DBEs; C. The dollar value of the Contracts awarded to DBEs; D. The percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the total Contract amount; E. A description of the general categories of Contracts awarded to DBEs; and F. The specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the Department for review. All such records are required to be maintained for a period of five years following acceptance of final payment and have them available for inspection by the Department and the Federal Highway Administration. Firm Name: 0-r� e O 0 Ci�, sc" Date: 9 9 09 Signature: �c�.A--4.-n.l.. O i Printed Name: 1 �CYV�V �� C-) Title: rest � C� e^V1 08/05/09 BID PROPOSAL 00110-17 Palm Drive Bridge Repair Proiect EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the Contractor's project activities under this Contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this Contract. In the execution of this Contract, the Contractor agrees to comply with the following minimum specific requirement activities of EEO: A. The Contractor will work with Monroe County, the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the Contract. B. The Contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre - apprenticeship, and/or on-the-job training." EEO Officer: The Contractor will designate and make known to Monroe County, the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active Contractor program of EEO and who must be assigned adequate authority and responsibility to do so. Dissemination of Policy: All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the Contractor's EEO policy and Contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: A. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less omen than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. B. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the Contractor. 08/05/09 BID PROPOSAL 00110-18 Palm Drive Brid-ze Reuair Proiect C. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the Contractor's procedures for locating and hiring minority group employees. D. Notices and posters setting forth the Contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. E. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. Recruitment: When advertising for employees, the Contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. A. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the Contractor for employment consideration. B. In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO Contract provisions. (The DOL has held that where implementation of such agreements has the effect of discriminating against minorities or women, or obligates the Contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The Contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: A. The Contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. B. The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. C. The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. D. The Contractor will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this Contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation 08/05/09 BID PROPOSAL 00110-19 Palm Drive_Bridize Repair Proiect indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the Contractor will inform every complainant of all of his avenues of appeal. Training and Promotion: A. The Contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. B. Consistent with the Contractor's work force requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on- the-job training programs for the geographical area of contract performance. where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this Contract, this subparagraph will be superseded as indicated in the special provision. C. The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. D. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. trniona: 1f the Clontractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the Contractor either directly or through a Contractor's association acting as agent will include the procedures set forth below: A. The Contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. B. The Contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. C. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to Monroe County and the SHA and shall set forth what efforts have been made to obtain such information. D. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive 08/05/09 BID PROPOSAL 00110-20 Palm Drive Bridge Repair Protect referral failed to refer minority employees.) In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these Specifications, such Contractor shall immediately notify the SHA. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The Contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. A. The Contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this Contract. B. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the Contractor enters into pursuant to this Contract. The Contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. C. The Contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. Records and Reports: The Contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of 3 years following completion of the Contract work and shall be available at reasonable times and places for inspection by authorized representatives of Monroe County, the SHA and the FHWA. A. The records kept by the Contractor shall document the following: 1. The number of minority and non -minority group members and women employed in each work classification on the project; 2. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and 4. The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. B. The Contractors will submit an annual report to Monroe County and the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the Contract work. This 08/05/09 BID PROPOSAL 00110-21 Palm Drive Bridge Repai_'r Project information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the Contractor will be required to collect and report training data. Firm Name: C k I ey j O � �CS�Is -�Nl C Date: ` � C) q Signature: Printed Name: �� Title: Ices 08/05/09 BID PROPOSAL 00110-22 Palm Drive Bridge Repair Proiect CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. s �e n 1V)0 Firm Name.X G � Date: 9 )9 )10 9 Signature: Printed Name: Title: 08/05/09 BID PROPOSAL 00110-23 Palm Drive Bridge Repair Proi ect Please complete and mail or fax to: Equal Opportunity Office 605 Suwannee St., MS 65 Tallahassee, FL 32399-0450 TELEPHONE: (850) 414-4747 FAX: (850) 414-4879 This information may also be included in your bid or proposal package. Prime Contractor/Co nsultant. P C► 31,,,• o S --% aLl P Address/Tele hone Number. � � d /C voe Bid/Proposal Number: Seo' Zoo Quote Submitted MMIYR. c� 49 CFR Part 26.11 requires the Florida Department of Transportation to develop and maintain a "bid opportunity list." The list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT -assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts and materials supplies on DOT -assisted projects, including both DBEs and non -DBEs. For consulting companies this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and consultants must provide information for Nos. 1, 21 3 and 4 and should provide any information they have available on Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants. 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non -DBE El Less than $1 million 3. Phone: D Between $1 - $5 million 4. Address: // /Z' ❑ Between $5 - $10 million 7. ❑ Subcontractor El Between $10 - $15 million El Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone:. 4. Address: 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 6. ED DBE El Non -DBE 7. El Subcontractor ❑ Subconsultant 6. ❑DBE ❑ Non -DBE 7. ❑Subcontractor ❑ Subconsultant 8. Annual Gross Receipts ❑ Less than $1 million ❑ Between $1 - $5 million El Between $5 - $10 million ❑ Between $10 - $15 million ❑ More than $15 million 8. Annual Gross Receipts EJ Less than $1 million El Between $1 - $5 million ❑ Between $5 - $10 million ❑ Between $10 - $15 million ❑ More than $15 million 08/05/09 BID PROPOSAL 00110-24 PALM DRIVE (BAYPOINT) BRIDGE REPAIR PROJECT BID-ENG-253-112-2009-PUR/CV ADDENDUM NO, 1 August 20, 2009 This addendum forms a part of the Bid Documents and modifies supplements or replaces the information contained in the Bid Documents for the above named project: Question 1: Please advise what is the engineers estimate or budget for the following project. PALM DRIVE (BAYPOINT) BRIDGE REPAIR PROJECT SADDLEBUNCH KEY, MONROE COUNTY, FLORIDA BID-ENG-253-112-2009-PUR/CV Response: Monroe County does not provide an engineers estimate with bid documents All other items remain as called for in the Bid Documents. End of Addendum no. 1. Addendum l PALM DRIVE (BAYPOTNT) BRIDGE REPAIR PROJECT Page l of I PALM DRIVE (BAYPOINT) BRIDGE REPAIR PROJECT BID-ENG-253-112-2009-PUR/CV ADDENDUM NO.2 September 2, 2009 This addendum forms a part of the Bid Documents and modifies supplements or replaces the information contained in the Bid Documents for the above named project: Question 1: Can you tell me or point me to someone who can tell me what is meant by the line in the spec book for this project reading, "...proof that he is properly licensed to conduct business in Monroe County as part of the bid proposal". This is on page 00100-3, Section 5.1 Item A. sub article 4. Is there some other licensing required of a state licensed contractor in Monroe County? Any help clarifying this would be greatly appreciated. Response: Questions on contractor licensing in Monroe County should be directed to Ms. Odalys Mayan, Monroe County Building Department, Phone # 305-289-2583. Question 2: Would you clarify this information forme: Page 00100-5 Instructions to bidders, Section 5 AC "all permit fees will be waived." Page 00750-6 General Conditions of the Contract. Section 3.7.1 "Contractor shall secure and pay for all permits" Response: Monroe County has obtained the required Nationwide permit from the US Army Corps of Engineers, which is customarily secured prior to execution of a contract. Section 00750-6, 3.7.1 states: "The Contractor shall secure and pay for all permits, impact fees, governmental fees, licenses, inspections and survey required by Federal, State, or Municipal bodies having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the contract and which are legally required at the time bids are received. The Owner will not assess any County building permit or County impact fees. The Contractor will be responsible for any other building permit costs or impact fees required for this project. The Contractor shall secure and pay for all building and specialty permits including plumbing, electrical, HVAC, etc." The Contractor is responsible for securing and paying fees for all other inspections, specialty permits, etc. that may apply. All other items remain as called for in the Bid Documents. End of Addendum no.2. Addendum 2 PALM DRIVE (BAYPOINT) BRIDGE REPAIR PROJECT Page 1 of 1 PALM DRIVE (BAYPOINT) BRIDGE REPAIR PROJECT BID-ENG-253-112-2009-PUR/CV ADDENDUM NO.3 September 3, 2009 This addendum forms a part of the Bid Documents and modifies supplements or replaces the information contained in the Bid Documents for the above named project: Question 1: Is there a way to get clear pictures of the bridge? Response: Attached are some pictures of the bridge. All other items remain as called for in the Bid Documents. End of Addendum no. 3. 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