01/20/2010 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
January 27, 2010
TO:
Judy Clarke, Engineering
Public Works Division --r jJ
. (}~
Isabel C. DeSantis, D. C. ~
FROM:
At the January 20, 2010, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Contract between Monroe County and MACTEC Engineering & Consulting, Inc. for
Construction Engineering and Inspection Services for the Geiger Creek Bridge Repair Design
Build Project. Enclosed is a duplicate original for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
..
/"'\ 1-
Standard Form of Agreement
Between Owner and Construction
Engineering Inspection Consultant
Where the basis ofpayment is a STIPULATED SUM
This Agreement ("Agreement") made and entered into this 20th day of January, 2010
by and between Monroe County, a political subdivision of the State of Florida, whose address
is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter
referred to as "COUNTY," through the Monroe County Board of County Commissioners
("BOCC"),
AND
MACTEC Engineering and Consulting, Inc., its successors and assigns, hereinafter referred to
as "CONSUL TANT",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONSULTANT
for Construction Engineering Inspection Services; and
WHEREAS, CONSULTANT has agreed to provide professional services which shall
include but not be limited to providing Construction Engineering Inspection Services in
accordance with Florida Department of Transportation's Local Agency Program for the Geiger
Creek Bridge Repair Design Build Project, which services shall collectively be referred to as
the "Project";
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency of
which is hereby acknowledged, COUNTY and CONSULTANT agree as follows:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS, WARRANTIES, AND TERM OF AGREEMENT
By executing this Agreement, CONSULTANT makes the following express representations
and warranties to the COUNTY:
~.
1.1.2 The CONSULTANT shall maintain all necessary licenses, permits or other
authorizations necessary to act as CONSULTANT for the Project until the
CONSULTANT'S duties hereunder have been fully satisfied;
1.1.3 The CONSULTANT has become familiar with the Project site and the local conditions
under which the Work is to be completed.
1.1.4 The CONSULTANT shall prepare all documentation required by this Agreement in
such a manner that they shall be accurate, coordinated and adequate for use in
verifying work completed by design build contractors and associated costs and shall
be in conformity and comply with all applicable law, codes and regulations. The
CONSULTANT warrants that the documents prepared as a part of this Agreement will
be adequate and sufficient to document costs in a manner that is acceptable for
reimbursement by government agencies, therefore eliminating any additional cost due
to missing or incorrect information;
1.1.5 The CONSULTANT assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ.
1.1.6 The CONSULTANT will perform the Services using a degree of skill and care ordinarily
exercised under similar conditions by reputable members of other professionals
practicing in the same or similar locality at the time of performance.
1.1.7 The CONSULTANT'S services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly progress of the Project. In providing all
services pursuant to this agreement, the CONSULTANT shall abide by all statutes,
ordinances, rules and regulations pertaining to, or regulating the provisions of such
services, including those now in effect and hereinafter adopted. Any. violation of said
statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the Board to terminate this contract immediately upon
delivery of written notice of termination to the CONSULTANT.
1.1.8 At all times and for all purposes under this agreement the CONSULTANT is an
independent contractor and not an employee of the Board of County Commissioners
for Monroe County. No statement contained in this agreement shall be construed so
as to find the CONSULTANT or any of his/her employees, contractors, servants, or
agents to be employees of the Board of County Commissioners for Monroe County.
1.1.9 The CONSULTANT shall not discriminate against any person on the basis of race,
creed, color, national origin, sex, age, or any other characteristic or aspect which is not
job related, in its recruiting, hiring, promoting, terminating, or any other area affecting
employment under this agreement or with the provision of services or goods under this
agreement.
1.2 The effective date of this agreement shall be January 20, 2009.
The term of the agreement shall be for 30 days prior to start of the Geiger Creek
Bridge Repair Design Build Project contract begins to 30 days after completion of the
Design Build Project contract, estimated to be 180 calendar days total, unless
otherwise terminated as provided herein.
"
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONSULTANT'S Scope of Basic Services consists of those described in Attachment A. The
CONSULTANT shall commence work on the services provided for in this Agreement promptly
upon his receipt of a written notice to proceed from the COUNTY.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its
subconsultants, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement
shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by
certified mail, return receipt requested, to the following:
Judith S Clarke, P.E.
Director Monroe County Engineering Services
1100 Simonton Street, Room 2-216
Key West, Florida 33040
And: Mr. Roman Gastesi
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the Consultant:
Dana Pollitt
MACTEC Engineering and Consulting, Inc.
3100 Overseas Highway
Marathon, Florida 33050
ARTICLE III
ADDITIONAL SERVICES
3.1 The services described in this Article III are not included in Basic Services. They shall
be paid for by the COUNTY as an addition to the compensation paid for the Basic
,
Services but only if approved by the COUNTY before commencement, and are as
follows:
A. Providing services of CONSULTANTs for other than the previously listed consulting
scope of the Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted consulting practice.
B. Providing representation before public bodies in connection with the Project, upon
approval by COUNTY.
3.2 If Additional Services are required, such as those listed above, the COUNTY shall
issue a letter requesting and describing the requested services to the CONSULTANT.
The CONSULTANT shall respond with a fee proposal to perform the requested
services. Only after receiving an amendment to the Agreement and a notice to
proceed from the COUNTY, shall the CONSULTANT proceed with the Additional
Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Work.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with
respect to the Project. The COUNTY or its representative shall render decisions in a
timely manner pertaining to documents submitted by the CONSULTANT in order to
avoid unreasonable delay in the orderly and sequential progress of the
CONSULTANT'S services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have
been duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such documents
are generally consistent with the COUNTY's criteria, as, and if, modified. No review of
such documents shall relieve the CONSULTANT of responsibility for the accuracy,
adequacy, fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the
work.
4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
II
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
The CONSULTANT covenants and agrees to indemnify, hold harmless and defend
COUNTY, its commissioners, officers, employees, agents and servants from any and all
claims for bodily injury, including death, personal injury, and property damage, including
damage to property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including reasonable attorney's fees, court costs and expenses, which
arise out of, in connection with, or by reason of services provided by CONSULTANT or its
Subcontractor(s) in any tier, to the extent occasioned by the negligence, or intentionally
wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers,
employees, servants and agents.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Consultant's failure to purchase or maintain the required
insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses
resulting from such delay. Should any claims be asserted against COUNTY by virtue of any
deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the
CONSULTANT agrees and warrants that CONSULTANT hold the County harmless and shall
indemnify it from all losses occurring thereby and shall further defend any claim or action on
the COUNTY's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration 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.
This indemnification shall survive the expiration or earlier termination of the Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service concerning
the project. At the time of execution of this Agreement, the parties anticipate that the following
named individuals will perform those functions as indicated:
NAME
FUNCTION
Mike Hammond
Senior Project Engineer
Eddie Abonce
Proiect Engineer/Administrator
l
Robert Russell
Senior Inspector
Melissa L01?ez
Resident Compliance Specialist
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they are
replaced the CONSULTANT shall notify the COUNTY of the change immediately.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S
performance, of this Agreement based on rates negotiated and agreed upon and
shown in Attachment C. ,,/
7.1.2 Rates shown in Attachment C are inclusive of reimbursable expenses, except for
airfare, which will be billed to the County at the Consultant's Cost
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set
forth hereinl the CONSULTANT shall be paid monthly.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either
upward or downward;
(8) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services
properly rendered and reimbursable expenses due hereunder. The
CONSULTANT'S invoice shall describe with reasonable particularity the
service rendered. The CONSULTANT'S invoice shall be accompanied by such
documentation or data in support of expenses for which payment is sought at
the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the
interest of the project:
a. Expense of transportation submitted by CONSULTANT, in writing, and
"
living expenses in connection with travel authorized by the COUNTY, in writing,
but only to the extent and in the amounts authorized by Section 112.061,
Florida Statutes;
b. Cost of reproducing maps or drawings.or other materials used in performing
the scope of services;
c. Postage and handling of reports;
7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated
to pay, any fees or expenses in excess of the amount budgeted for this contract in
each fiscal year (October 1 - September 30) by COUNTY's Board of County
Commissioners. The budgeted amount may only be modified by an affirmative act of
the COUNTY's Board of County Commissioners.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval
of the Board members at the time of contract initiation and its duration.
ARTICLE VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of
the project (to include the work of others) is delayed or suspended as a result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased expenses
resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating
of VI or better, that is licensed to business in the State of Florida and that has an agent
for service of process within the State of Florida. The coverage shall contain an
endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation
of said coverage. Said coverage shall be written by an insurer acceptable to the
COUNTY and shall be in a form acceptable to the COUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Chapter 440, Florida Statute.
B. Employers Liability Insurance with limits of $500,000 per Accident, $500,000
Disease, policy limits, $500,000 Disease each employee. V
c. Comprehensive business automobile and vehicle liability insurance covering claims
for injuries to members of the public and/or damages to property of others arising
from use of motor vehicles, including onsite and offsite operations, and owned,
hired or non-owned vehicles, with One Hundred Thousand Dollars ($100,000.00)
combined single limit and One Hundred Thousand Dollars ($100,000.00) annual
aggregate.
D. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONSULTANT or any of its employees, agents or
subcontractors or subconsultants, including Premises and/or Operations, Products
and Completed Operations, Independent Contractors; Broad Form Property
Damage and a Blanket Contractual Liability Endorsement with Five Hundred
Thousand Dollars ($500,000.00) per occurrence and annual aggregate.
y""
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or
after the effective date of this contract. In addition, the period for which claims may
be reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
E. Professional liability insurance of One Million Dollars ($1,000,000.00) per
occurrence and One Million Dollars ($1,000,000.00) annual aggregate. If the
policy is a "claims made" policy , CONSULTANT shall maintain coverage or
purchase a "tail" to cover claims made after completion of the project to cover the
statutory time limits in Chapter 95 of the Florida Statutes.
F. It is agreed that the CONSULTANT is not responsible for safety or security at the
Site, other than for the CONSULTANT'S employees, and the CONSULTANT does
not have the right or duty to stop the work of others.
G. COUNTY shall be named as an additional insured with respect to CONSULTANT'S
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
H. CONSULTANT shall require its subconsuttants to be adequately insured at least to
the limits prescribed above, and to any increased limits of CONSULTANT if so
required by COUNTY during the term of this Agreement. COUNTY will not pay for
increased limits of insurance for subconsultants.
I. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of
all insurance policies including those naming the COUNTY as an additional
insured. The COUNTY reserves the right to require a certified copy of such policies
upon request.
J. If the CONSULTANT participates in a self-insurance fund, a Certificate of
Insurance will be required. In addition, the CONSULTANT may be required to
submit updated financial statements from the fund upon request from the
COUNTY.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
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.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the
COUNTY and may be reproduced and copied without acknowledgement or permission
of the CONSULTANT.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT 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 and the CONSULTANT, 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.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with
or any rights in favor of, any third party.
9.5 TERMINATION
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five
days written notification to the CONSULTANT.
B. The County may cancel this Agreement without cause by giving the
CONSULTANT sixty (60) days written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Qualifications, any addenda, the Form of
Agreement (Articles I-IX), the CONSULTANT'S response to the RFQ, the documents
referred to in the Form of Agreement as a part of this Agreement, attachments A, B
and C, and modifications made after execution by written amendment. In the event of
any conflict between any of the Contract documents, the one imposing the greater
burden on the CONSULTANT will control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contracts to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or 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 of the Florida Statutes, for CATEGORY TWO for
a period of 36 months from the date of being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from COUNTY's
competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subconsultant 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 upublic entity crime"
regardless of the amount of money involved or whether CONSULTANT has been
placed on the convicted vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act defined as a "public entity crime"
or has been placed on ~he convicted vendor list.
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five years from
the termination of this agreement Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement
and for four years following the termination of this Agreement. If an auditor employed
by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to
this Agreement were spent for purposes not authorized by this Agreement, or were
wrongfully retained by the CONSUL TANTt the CONSULTANT shall repay the monies
together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes,
running from the date the monies were paid by the COUNTY.
9.9 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, COUNTY and CONSULTANT
agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the
appropriate court or before the appropriate administrative body. This agreement shall
not be subject to arbitration. 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.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement, shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Agreement shall be valid and
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 CONSULTANT agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken
provision.
9.11 ATTORNEY'S FEES ANO.COSTS
The COUNTY and CONSULTANT 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 the Agreement, the prevailing party shall be entitled to
reasonable attorney's fees and court costs, as an award against the non-prevailing
party, and shall include attorney's fees and courts costs in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns.
9.13 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.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply
for, seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall
be approved by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of
each of the parties. If no resolution can be agreed upon within 30 days after the first
meet and confer session, the issue or issues shall be discussed at a 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 9.5 concerning termination or
ca ncellation.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement,
COUNTY and CONSULTANT agree to 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 CONSULTANT specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
9.17 NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the
court order. CONSULTANT or COUNTY agrees 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 national origin; 2) Title IX of
the Education Amendment of 1972, as amended (20 USC 55. 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 SSe
690dd-3 and 290ee-3). as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)
The Americans with Disabilities Act of 1990 (42 use s. 1201 Note), as may be
amended from time to time, relating to nondiscrimination on the basis of disability; 10)
Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the
basis of race, color, sex. religion, national origin, ancestry. sexual orientation, gender
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
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has .any interest, and
shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual
relationship; and disclosure or use of certain information.
9.20 NO SOLICITATION/PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona
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 CONSULTANT agrees
that the COUNTY shall have the right to terminate this Agreement without liability and,
at its discretion, to offset from monies owed, or otherwise recover, the full amount of
such fee, commission, percentage, gift, or consideration.
9.21 PUBLIC ACCESS.
The CONSULTANT and COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the CONSULTANT and COUNTY in connection with this Agreement;
and the COUNTY shall have the right to unilaterally cancel this Agreement upon
violation of this provision by CONSULTANT.
9.22 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any
commercialliabitity insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the COUNTY be
required to contain any provision for waiver.
9.23 PRIVILEGES AND IMMUNITIES
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.
9.24 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 the constitutional
or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
9.25 NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
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 CONSULTANT
and the COUNTY agree that neither the CONSULTANT nor the COUNTY 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.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act
as the execution of a truth in negotiation certificate stating that wage rates and other
factual unit costs supporting the compensation pursuant to the Agreement are
accurate, complete, and current at the time of contracting. The original contract price
and any additions thereto shall be adjusted to exclude any significant sums by which
the agency determines the contract price was increased due to inaccurate, incomplete,
or concurrent wage rates and other factual unit costs.. All such adjustments must be
made within one year following the end of the Agreement.
9.27 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.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall
be regarded as an original, all of which taken together shall constitute one and the
same instrument and any of the parties hereto may execute this Agreement by signing
any such counterpart.
9.29 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS
The following forms and provisions are incorporated in and made a part of this
contract.
9.29.1 Davis-Bacon Act - In accordance with the Davis-Bacon Act, the CONSULTANT or 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.Qoo.Qov/davisbacon/fl.htmlunder Monroe County.
9.29.2 Americans with Disabilities Act of 1990 (ADA) - The CONSULTANT will comply with all
the requirements as imposed by the ADA, the regulations of the Federal government
issued thereunder, and the assurance by the CONSULTANT pursuant thereto.
9.29.3 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement. The COUNTY and its
CONSULTANT agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with applicable federal and state
laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not
discriminate on the basis of race, color, national origin or sex in the award and
performance of contracts, entered pursuant to this Agreement.
9.29.4 Convict Labor - The convict labor prohibition in 23 U.S.C. 114 applies to emergency
repair projects. Convict labor cannot be used in emergency repair construction
projects.
9.29.5 FHW A Form 1273 is attached hereto as Attachment B and made a part of this V
Agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized ~sentative on the day and year first above written.
(SEAL)
Attest: DANNY'L.'KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:....~rdJb~
DeputY ."Clerk
By:
Mayorl airman
MONROE COUNTY ATTORNEY
(' APPR~_TO FORM:
Dxhou p f3(iJOUoJ-AJ
CHRISTINE M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date II J.. 5 II D
I '
Date: I - 2,0-/0
(Seal)
Attest:
CONSULTANT
BY: Dana Pollitt
By: Ricardo Fraxedas
2cd ~/d-o
Title: Chief Enszineer
END OF AGREEMENT
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ATTACHMENT A
Scope of Services
1.0 This is a Local Agency Program (LAP) project for which the Consultant shall be
responsible for performing in accordance with all applicable Florida
Department of Transportation (FOOT) manuals, procedures, specifications
and guidance.
Construction Engineering and Inspection Services are required for the following
project:
Geiger Creek Bridge Repair Design Build Project
Repairs shall include, but not be limited to, replacement of bridge guardrails,
cleaning and resealing of deck joints, and repairs to deficiencies in the bridge
deck and sidewalks, deck underside, reinforced concrete beams, diaphragms,
concrete columns, pile jackets, caps and abutments.
This project is funded through tbe America Recovery and Reinvestment Act
of 2009 (ARRA) and will be administered under the Florida Department of
Transportation's Local Agency Program (LAP). Interested firms must be
familiar with and must comply with all applicable federal, state and local
requirements of tbese programs.
The Consultant shall exercise their independent professional judgment in
performing their obligations and responsibilities under this Agreement. Pursuant
to Section 4.1.4 of the Florida Department of Transportation's, Construction
Project Administration Manual (CPAM), the authority of the Consultant's lead
person, such as the Senior Project Engineer, and the Consultant's Project
Administrator shall be identical to the Department's Resident Engineer and
Project Administrator respectively and shall be interpreted as such.
Services provided by the Consultant shall comply with Department manuals,
procedures, and memorandums in effect as of the date of execution of the
Agreement unless otherwise directed in writing by the County.
On a single Construction Contract, it is a conflict of interest for a professional
firm to receive compensation from both the County and the Contractor either
directly or indirectly.
2.0 LENGTH OF SERVICE:
The Consultant services for the Construction Contract shall begin upon written
notification to proceed by County.
The Consultant Senior Project Engineer will track the execution of the
Construction Contract such that the Consultant is given timely aut4orization to
begin work. While no personnel shall be assigned until written notification by the
County has been issued, the Consultant shall be ready to assign personnel within
two weeks of notification. For the duration of the project, the Consultant shall
coordinate closely with the County and Contractor to minimize rescheduling of
Consultant activities due to construction delays or changes in scheduling of
Contractor activities.
For estimating purposes, the Consultant will be allowed an accumulation of thirty
working days to perform preliminary administrative services prior to the issuance
of the Contractor's notice to proceed and thirty calendar days to demobilize after
final acceptance of the Construction Contract.
The anticipated letting schedule and construction time for the project is tabulated
below:
Construction Contract Estimate
Financial
Project ill
426355-1-58-01
Letting Date Start Date Duration
(Mo/DaylYr) (Mo/DaylYr) (Days)
01/20/10 2/17/10 120
3.0 DEFINITIONS:
A. Resident Engineer: The Engineer assigned to a particular Project or area to
administer Construction Contracts for the County.
B. Construction Proiect Manager: The County employee assigned to manage
the Construction Engineering and Inspection Contract and represent the
County during the performance of the services covered under this
Agreement.
C. Engineer of Record: The Engineer noted on the Construction plans as the
responsible person for the design and preparation of the plans.
D. Consultant: The Consulting firm under contract to the County for
administration of Construction Engineering and Inspection services.
E. Agreement: The Professional Services Agreement between the County and
the Consultant setting forth the obligations of the parties thereto, including
but not limited to the performance of the work, furnishing of services, and
the basis of payment.
F. Consultant Senior Project Engineer: The Engineer assigned by the
Consultant to be in charge of providing Construction Contract
administration for one or more Construction Projects. This person may
supervise other Consultant employees and act as the lead Engineer for the
Consultant.
G. Consultant Project Administrator: The employee assigned by the
Consultant to be in charge of providing Construction Contract
administration services one or more Construction Projects.
H. Contractor: The individual, firm, or company contracting with the County
for performance of work or furnishing of materials.
I. Construction Contract: The written agreement between the County and the
Contractor setting forth the obligations of the parties thereto, including but
not limited to the performance of the work, furnishing of labor and
materials, and the basis of payment.
J. CPAM: Florida Department of Transportation, Construction Project
Administration manual; latest.
K. Department: Florida Department of Transportation
L. F.D.O.T.: Florida Department of Transportation.
M. County: Monroe County Board of County Commissioners.
4.0 ITEMS TO BE FURNISHED BY THE COUNTY TO CONSULTANT:
A. The County, on as needed basis, will furnish the following Design Build
Contract documents for this project. These documents may be provided in
either paper or electronic format.
1 Special Provisions
2 Copy of the Executed Design Build Contract.
5.0 ITEMS FURNISHED BY THE CONSULTANT:
5.1 County Documents:
All applicable documents referenced herein shall be a condition of this
Agreement.
5.2 Office Automation:
The Consultant shall provide and have available for their use a
computer, modem, printer, and appropriate software.
The Consultant will also be required to obtain monthly Internet access
and maintain an e-mail address for the project.
The Consultant shall use Microsoft Word 2003, Microsoft Excel 2003,
and Adobe Acrobat 7.0 or latest version available software.
The Consultant will furnish computer services/software needed for
project scheduling, documentation, and control (Primavera/Suretrak,
Claim Digger, etc.).
All computer coding shall be input by Consultant personnel uSIng
equipment furnished by them.
Ownership and possession of computer equipment and related software,
which is provided by the Consultant, shall remain at all times with the
Consultant. The Consultant shall retain responsibility for risk of loss or
damage to said equipment during performance of this Agreement. Field
office equipment should be maintained and operational at all times.
5.3 Field Office:
The Consultant shall provide a field office with sufficient room and
furnishings to effectively carry out their responsibilities under this Scope
of Services.
Routine expenses for operation of the office, such as stamps, postage
costs, custodial fees, telephone service, etc., will be the responsibility of
the Consultant and will be compensated by the County.
5.4 Vebicles:
Vehicles will be equipped with appropriate safety equipment and must
be able to effectively carry out requirements of this Agreement.
Vehicles shall have the name and phone number of the consulting firm
visibly displayed on both sides of the vehicle.
5.5 Field EQuiDment:
The Consultant shall supply survey, inspection and testing equipment,
essential in order to carry out the work under this Agreement. Such
equipment includes those non-consumable and non-expendable items,
which are normally needed for a eEl project and are essential in order to
carry out the work under this Agreement.
Hard hats shall have the name of the consulting firm visibly displayed.
Equipment described herein and expendable materials under this
Agreement will remain the property of the Consultant and shall be
removed at completion of the work.
The Consultant's handling of nuclear density gauges shall be in
compliance with their license.
The Consultant shall retain responsibility for risk of loss or damage to
said equipment during performance of this Agreement. Field office
equipment shall be maintained and in operational condition at all times.
5.6 Licensin2 for EouiDment Ooerations:
The Consultant will be responsible for obtaining proper licenses for
equipment and personnel operating equipment when licenses are
required. The Consultant shall make the license and supporting
documents available to the County, for verification, upon request.
Radioactive Materials License for use of Surface Moisture Density
Gauges shall be obtained through the State of Florida Department of
Health.
6.0 LIAISON:
The Consultant shall keep the Construction Project Manager informed of all
significant activities, decisions, correspondence, reports, and other
communications related to its responsibilities under this Agreement, and seek
input from the Construction Project Manager in order for the Construction Project
Manager to oversee the Consultant's performance.
Agreement administrative duties relating to Invoice Approval Requests, Personnel
Approval Requests, User ID Requests, Time Extension Requests, and
Amendment and Supplemental Amendment Requests shall be reviewed and
approved by the Construction Project Manager.
7.0 PERFORMANCE OF TIlE CONSULTANT:
During the term of this Agreement and all supplements thereof, the County will
review various phases of Consultant operations, such as construction inspection,
materials sampling and testing, and administrative activities, to determine
compliance with this Agreement. The Consultant shall cooperate and assist
County representatives in conducting the reviews. If deficiencies are indicated,
the Consultant shall implement remedial action immediately upon the approval of
the Construction Project Manager. County recommendations and Consultant
responses/actions are to be properly documented by the Senior Project Engineer.
No additional compensation shall be allowed for remedial action taken by the
Consultant to correct deficiencies. Remedial actions and required response times
may include but are not necessarily limited to the following:
A. Further subdivide assigned inspection responsibilities, reassign inspection
personnel, or assign additional inspection personnel, within one week of
notification.
B. Replace personnel whose performance has been determined by the County
to be inadequate. Personnel whose petformance has been determined to be
unsatisfactory shall be removed immediately.
C. Immediately increase the frequency of monitoring and inspection activities
in phases of work that are the Consultant's responsibility.
D. Increase the scope and frequency of training of the Consultant personnel.
8.0 REOUIREMENTS:
8.1 General:
It shall be the responsibility of the Consultant to administer, monitor, and
inspect the Design Build Contract such that the project is constructed in
reasonable conformity with the plans, specifications, and special
provisions for the Design Build Contract.
The Consultant shall observe the Contractor's work to determine the
progress and quality of work, identify discrepancies, report significant
discrepancies to the County, and direct the Contractor to correct such
observed discrepancies.
The Consultant is hereby designated by the County to negotiate
Supplemental Agreements. However, the Consultant must seek input
from the Construction Project Manager. The Consultant shall prepare the
Supplemental Agreement as a recommendation to the County, which the
County may accept, modify or reject upon review. The Consultant shall
consult with the Construction Project Manager, as it deems necessary and
shall direct all issues, which exceed its delegated authority to the
Construction Project Manager for County action or direction.
The Consultant shall advise the Construction Project Manager of any
significant omissions, substitutions, defects, and deficiencies noted in the
work of the Contractor and the corrective action that has been directed to
be performed by the Contractor. Work provided by the Consultant shall
not relieve the Contractor of responsibility for the satisfactory
performance of the Design Build Contract.
8.2 Survev Control:
The Consultant shall check or establish the survey control baseline(s)
along with sufficient baseline control points and bench marks at
appropriate intervals along the project in order to: ( 1) make and record
such measurements as are necessary to calculate and document quantities
for pay items; (2) make and record pre-construction and final cross section
surveys of the project site in those areas where earthwork (i.e.,
embankment, excavation, subsoil excavation, etc.) is part of the
construction project; and (3) perform incidental engineering surveys. The
Senior Project Engineer will establish the specific survey requirements for
each project prior to construction.
Any questions or requests for "Waiver of Survey" should be directed to
the Senior Project Engineer.
8.3 On-site InsDection:
The Consultant shall monitor the Contractor's on-site construction
activities and inspect materials entering into the work in accordance with
the plans, specifications, and special provisions for the Design Build
Contract to determine that the projects are constructed in reasonable
conformity with such documents. The County will monitor all off-site
activities and fabrication. The Consultant shall keep detailed accurate
records of the Contractor's daily operations and of significant events that
affect the work.
Consultant shall be responsible for monitoring and inspection of
Contractor's Work Zone traffic control plan and review of modifications
to the Work Zone Traffic Control Plan, including alternate Work Zone
Traffic Control Plan, in accordance with F.D.O.T. procedures. Consultant
employees performing such services shall be qualified in accordance with
F.D.O.T. department procedure.
8.4 SamDliDt! and Testin2:
The Consultant shall perform sampling and testing of component materials
and completed work in accordance with the Design Build Contract
documents and Local Agency Program requirements for Federal Aid
Projects. The minimum sampling frequencies set out in the Department's
Materials Sampling, Testing and Reporting Guide shall be met. In
complying with the aforementioned guide, the Consultant shall provide
daily surveillance of the Contractor's Quality Control activities at the
project site and perform the sampling and testing of materials and
completed work items that are normally done in the vicinity of the project
for verification and acceptance.
The Consultant shall be specifically responsible for job control samples
determining the acceptability of all materials and completed work items on
the basis of either test results or verification of a certification, certified
mill analysis, DOT label, DOT stamp, etc.
The County will monitor the effectiveness of the Consultant's testing
procedures through surveillance and obtaining and testing independent
assurance samples.
Sampling, testing and laboratory methods shall be as required by the
Department's Standard Specifications, Supplemental Specifications or as
modified by the special provisions of the Construction Contract.
Documentation reports on sampling and testing shall be submitted to
responsible parties during the same week that the construction work is
done.
8.5 Enmneeriol! Services:
The Consultant shall coordinate the Design Build Contract administration
activities of all parties other than the Contractor involved in completing
the construction project. Notwithstanding the above, the Consultant is not
liable to the County for failure of such parties to follow written direction
issued by the Consultant.
Services include maintaining the required level of surveillance of
Contractor activities, interpreting plans, specifications, and special
provisions for the Design Build Contract, maintaining complete, accurate
records of all activities and events relating to the project, and properly
documenting all significant project changes. The Consultant shall perform
the following services:
( 1) Schedule and attend, within ten days after the Notice to Proceed, a
pre-service conference for the project in accordance with County
procedure. The Consultant shall provide appropriate staff to attend
and participate in the pre-service meeting.
The Consultant shall record a complete and concise record of the
proceedings of the pre-service meeting and distribute copies of this
summary to the participants and other interested parties within
seven days. The Consultant shall submit Action Request packages
for Personnel Approval for immediate staff needs and a
copy/computer file of the fmal negotiated staffing to the
Construction Project Manager, either at this meeting or within
seven days.
(2) Schedule and attend, within ten (10) days after the Notice to
Proceed, a Final Estimate informational meeting with the County
Engineering Staff. The Consultant shall provide appropriate staff
to attend and participate in this meeting.
(3) Verify that the Contractor is conducting inspections, preparing
reports and monitoring all storm water pollution prevention
measures associated with the project.
(4) Analyze problems that arise on a project and proposals submitted
by the Contractor, endeavor to resolve such issues, and process the
necessary paperwork.
(5) Produce reports, verify quantity calculations, field measure for
payment purposes as needed to prevent delays in Contractor
operations and ensure prompt processing of such information in
order for the County to make timely payment to the Contractor.
(6) Prepare and make presentation before the Dispute Review Boards
in connection with the project covered by this Agreement.
(7) Provide Public Information services as required to manage
inquiries from the public, public officials, and the news media.
Prepare newsletters for distribution to adjacent property owners.
The County Construction Project Manager shall approve all
notices, brochures, responses to news media, etc., prior to release.
(8) Prepare and submit to the Construction Project Manager monthly,
a Construction Status Reporting System (CSRS) report, in a fonnat
to be provided by the County.
(9) Schedule and conduct a meeting with the County Engineering
Office at least 45 calendar days prior to project final acceptance.
The purpose of this meeting is to discuss the required
documentation, including as-builts, necessary to close out the
permit(s).
(10) Video tape the pre-construction conditions throughout the project
limits. Provide a digital photo log or video of project activities,
with heavy emphasis on potential claim items/issues and on areas
of reaVpotential public controversy.
(11) The Consultant shall have a digital camera for photographic
documentation of noteworthy incidents or events to cover the
following areas:
(a). Pre-construction photographs
(b). Normal and exceptional progress of work
( c). Critical path activities
(d). Accidents showing damage
(e). Unsafe working conditions
(0. Unusual construction techniques
(g). Damaged equipment or materials
(h). Any activity, which may result in claims
These photographs will be filed and maintained on the
Consultant's computer using the LYNX Digital Photo
Management system or equivalent. Copies of photographs will be
electronically transferred to the County at an interval determined
by the Senior Project Engineer and the Construction Project
Manager.
The taking of the photographs shall begin the day prior to the start
of construction and continue regularly throughout this project.
Photographs shall be taken the days of Conditional, Partial and/or
Final Acceptance.
9.0 PERSONNEL:
9.1 General Reauirements:
The Consultant shall staff the project with the qualified personnel
necessary to efficiently and effectively carry out its responsibilities under
this Agreement.
Unless otherwise agreed by the County, the County will not compensate
straight overtime or premium overtime for the positions of Senior Project
Engineer, Project Administrator, Contract Support Specialist, and
Associate Contract Support Specialist.
9.2 PersonnelOualifications:
The Consultant shall utilize only competent personnel, qualified by
experience, and education. The Consultant shall submit in writing to the
Construction Project.
Manager the names of personnel proposed for assignment to the project,
including a detailed resume for each containing at a minimum salary,
education, and experience. The Consultant Action Request form for
personnel approval shall be submitted to the Construction Project Manager
at least two weeks prior to the date an individual is to report to work.
Personnel identified in the Consultant technical proposal are to be
assigned as proposed and are committed to performing services under this
Agreement. Personnel changes will require written approval from County.
Previously approved staff, whose performance is unsatisfactory, shall be
replaced by the Consultant within one week of County notification.
Before the project begins, all project staff shall have a working knowledge
of the current CP AM and must possess all the necessary
qualifications/certifications for obtaining the duties of the position they
hold. Cross training of the Consultant's project staff is highly
recommended to ensure a knowledgeable and versatile project inspection
team but shall not be at any additional cost to the County and should occur
as workload permits. Visit the training page on the State Construction
Office website for training dates.
Minimum qualifications for the Consultant personnel are set forth as
follows. Exceptions to these minimum qualifications will be considered on
an individual basis. The County Engineer or designee will have the final
approval authority.
eEl SENIOR PROJECT ENGINEER - A Civil Engineer degree and
be registered in the State of Florida as a Professional Engineer (or if
registered in another state, the ability to obtain registration in the State of
Florida within six months) and six years of engineering experience (two
years of which are in major road and bridge construction), or for non-
degreed personnel the aforementioned registration and ten years of
engineering experience (two years of which are in major road or bridge
construction). Qualifications include the ability to communicate
effectively in English (verbally and in writing); direct highly complex and
specialized construction engineering administration and inspection
program; plans and organizes the work of subordinate and staff members;
develops and/or reviews policies, methods, practices, and procedures; and
reviews programs for conformance with County standards. Also must have
the following:
Oualification:
FOOT Advanced MOT
Pass the CTQP examination covering the training video "Grouting of
Bridge Post-tensioning Tendons" (If applicable)
Attend the CTQP Quality Control Manager course and pass the
examination.
Certifications: None
A Master's Degree in Engineering may be substituted for one (1) year
engineering experience.
eEl PROJECT ADMINISTRATOR -A Civil Engineering degree plus
two (2) years of engineering experience in construction of major road or
bridge structures, or eight (8) years of responsible and related engineering
experience, two (2) years of which involved construction of major road
and bridge structures.
Receives general instructions regarding assignments and is expected to
exercise initiative and independent judgment in the solution of work
problems. Directs and assigns specific tasks to inspectors and assists in all
phases of the construction project. Will be responsible for the progress and
fmal estimates throughout the construction project duration. Must have the
following:
Oualifications: FOOT Intermediate MOT Pass the CTQP examination
covering the training video "Grouting of Bridge Post-tensioning Tendons"
(If applicable) CTQP Final Estimates Level II
Certifications: None
Other: Attend CTQP Quality Control Manager Course and pass the
examination.
A Master's Degree in Engineering may be substituted for one (1) year of
engineering experience
eEl CONTRACT SUPPORT SPECIALIST - A Civil Engineering
Degree or High School diploma or equivalent and four years of road &
bridge construction engineering inspection (CEI) experience having
performed/assisted in project related duties (Le., progress and final
estimates, EEO compliance, processing Construction Contract changes,
etc.) or a Civil Engineering degree. Should exercise independent judgment
in planning work details and making technical decisions related to the
office aspects of the project. Should be familiar with the County's
Procedures covering the project related duties as stated above and be
proficient in the computer programs necessary to perform these duties.
Shall become trained in CTQP Final Estimates Level II course and
maintain a current qualification.
CEI SENIOR INSPECTOR! eEl SENIOR ENGINEER INTERN-
High school graduate or equivalent plus four years of experience in
construction inspection, two years of which shall have been in bridge
and/or roadway construction inspection.
Must have the following:
Oualifications :
CTQP Concrete Field Inspector Level I
CTQP Concrete Transportation Construction Inspector (CTCI) Level II
(all bridges) CTQP Asphalt Roadway Level I (If applicable)
CTQP Asphalt Roadway Level II (If applicable)
CTQP Earthwork Construction Inspection Level I
CTQP Earthwork Construction Inspection Level II
CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft
Inspection (If applicable)
CTQP Grouting Technician Level I (If applicable)
CTQP Post-Tensioning Technician Level I (If applicable)
FDOT Intermediate MOT
CTQP Final Estimates Level I
Certifications:
Nuclear Radiation
Safety
Or a Civil Engineering degree and one year of road & bridge eEl
experience with the ability to earn additional required qualifications within
one year. (Note: Senior Engineer Intern classification requires one year
experience as an Engineer Intern.)
Responsible for performing highly complex technical assignments in field
surveying and construction layout, making, and checking engineering
computations, inspecting construction work, and conducting field tests and
is responsible for coordinating and managing the lower level inspectors.
Work is performed under the general supervision of the Project
Administrator.
9.3 Stam02:
Once authorized, the Consultant shall establish and maintain an
appropriate staff through the duration of construction and completion of
the final estimate. Responsible personnel, thoroughly familiar with all
aspects of construction and final measurements of the various pay items,
shall be available to resolve disputed final pay quantities until the
appropriate Construction Contract has been paid off.
Construction engineering and inspection forces will be required of the
Consultant at all times while the Contractor is working. If Contractor
operations are substantially reduced or suspended, the Consultant will
reduce its staff appropriately.
In the event that the suspension of Contractor operations requires the
removal of Consultant forces from the project, the Consultant will be
allowed ten (10) days maximum to demobilize, relocate, or terminate such
forces.
10.0 QUALITY ASSURANCE lOA) PROGRAM:
10.1 Oualitv Reviews:
The Consultant shall conduct semi-annual reviews to make certain his own
organization is in compliance with the requirements cited in the Scope of
Services. Quality Reviews shall be conducted to evaluate the adequacy of
materials, processes, documentation, procedures, training, guidance, and
staffing included in the execution of this Agreement. Quality Reviews
shall also be developed and performed to achieve compliance with specific
QA provisions contained in this Agreement. The semi-annual reviews
shall be submitted to the Construction Project Manager in written form no
later than one month after the review.
On short duration CCEI projects (nine months or less), the CCEI shall
perform an initial QA review within the first two months of the start of
construction.
10.2 OA Plan:
Within thirty days after receiving award of an Agreement, the Consultant
shall furnish a QA Plan to the Construction Project Manager. The QA Plan
shall detail the procedures, evaluation criteria, and instructions of the
Consultant's organization to assure conformance with the Agreement.
Unless specifically waived, no payment shall be made until the County
approves the Consultant QA Plan.
Significant changes to the work requirements may require the Consultant
to revise the QA Plan. It shall be the responsibility of the Consultant to
keep the plan current with the work requirements. The Plan shall include,
but not be limited to, the following areas:
A. Orl!anization:
A description is required of the Consultant QA Organization and
its functional relationship to the part of the organization
performing the work under the Agreement. The authority,
responsibilities and autonomy of the QA organization shall be
detailed as well as the names and qualifications of personnel in the
quality control organization.
B. Oualitv Reviews:
The Consultant QA shall detail the methods used to monitor and
achieve organization compliance with Agreement requirements for
services and products.
c. Oualitv Records:
The Consultant will outline the types of records, which will be
generated and maintained during the execution of his QA program.
D. Control of Sub-consultants and Vendors:
The Consultant will detail the methods used to control sub-
consultants and vendor quality.
E. Qualitv Assurance Certification:
An officer of the Consultant firm shall certify that the inspection
and documentation was done in accordance with FOOT
specifications, plans, standard indexes, and County procedures.
10.3 Oualitv Records:
The Consultant shall maintain adequate records of the quality assurance
actions performed by his organization (including subcontractors and
vendors) in providing services and products under this Agreement. All
records shall indicate the nature and number of observations made, the
number and type of deficiencies found, and the corrective actions taken.
These records shall be available to the County, upon request, during the
Agreement term. All records shall be kept at the primary job site and shall
be subject to audit review.
11.0 CERTIFICATION OF FINAL ESTIMATES:
11.1 Final Estimate and As-Built Plans Submittal:
Prepare documentation and records in compliance with the Agreement,
Consultant's approved QC Plan and the County's Procedures.
Submit the Final Estimate(s) and three sets of final as built plans
documenting Contractor's work (one record set with two copies) as
follows:
(a) Within thirty calendar days of final acceptance; or
(b) Where all items of work are complete and
conditionaVpartial acceptance is utilized (Lighting, Plant
establishment, etc.) for a period exceeding thirty calendar
days, the final estimate(s) will be due on the thirtieth (30th)
day after conditional/partial acceptance. A memorandum
with documentation will be transmitted to the Director of
Engineering Services at final acceptance detailing any
necessary revisions to the pay items covered under the
conditionaVpartial acceptance.
The Consultant shall be responsible for making any revisions to the
Certified Final Estimate.
11.2 Certification:
Consultant personnel preparing the Certified Final Estimate Package shall
be CTQP Final Estimates Level II qualified.
Duly authorized representative of the Consultant firm will provide a
notarized certification on a form pursuant to Department procedures.
12.0 SUBCONSUL T ANT SERVICES:
Upon written approval by the Construction Project Manager and the County, and
prior to performance of work, the Consultant may subcontract for engineering
surveys, materials testing, or specialized professional services.
13.0 OTHER SERVICES:
Upon written authorization by the Director of Engineering Services or designee,
the Consultant will perform additional services in connection with the project not
otherwise identified in this Agreement. The following items are not included as
part of this Agreement, but may be required by the County to supplement the
Consultant services under this Agreement.
A. Assist in preparing for arbitration hearings or litigation that occurs during
the Agreement time in connection with the construction project covered by
this Agreement.
B. Provide qualified engineering witnesses and exhibits for any litigation or
hearings in connection with the Agreement.
c. Provide Oll- and off-site inspection services in addition to those provided
for in this Agreement.
14.0 POST CONSTRUCTION CLAIMS REVIEW:
In the event the Contractor submits a claim for additional compensation and/or
time after the Consultant has completed this Agreement, the Consultant shall, at
the written request from the County, analyze the claim, engage in negotiations
leading to settlement of the claimt and prepare and process the required
documentation to close out the claim. Compensation for such services will be
negotiated and effected through a Supplement to this Agreement.
15.0 CONTRADICTIONS:
In the event of a contradiction between the provisions of this Scope of Services
and the Consultant's proposal as made a part of their Agreement, the provisions of
the Scope of Services shall apply.
16.0 THIRD PARTY BENEFICIARY:
It is specifically agreed between the parties executing this Agreement that it is not
intended by any of the provisions of any part of the Agreement to create in the
public or any member thereof, a third party beneficiary hereunder, or to authorize
anyone not a party to this Agreement to maintain a claim, cause of action, lien or
any other damages or any relief of any kind pursuant to the terms or provisions of
this Agreement.
17.0 COUNTY AUTHORITY:
The County shall be the final authority in considering contract modification of the
Contractor for time, money or any other consideration except matters agreed to by
the Contractor through contract changes negotiated by the Consultant, as
authorized in Section 9.1 herein.
END OF ATTACHMENT A
ATTACHMENT B
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I.
II.
lit.
tV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
Page
General ..................................... 1
Nondiscrimination ............................. 1
Nonsegregated Facilities . . . . . . . . . . . . . . . . . . . . . . .. 3
Payment of Predetermined Minimum Wage ......... 3
Statements and Payrolls ........................ 5
Record of Materials, Supplies, and Labor .. . . . . . . . .. 5
Subletting or AssiQning the Contract ..... . . . . . . . . .. 5
Safety: Accident Prevention ..................... 6
False Statements Concerning Highway Projects. . . . .. 6
Implementation of Clean Air Act and Federal
Water Pollution Control Act ............. _ . . . _ . . .. 6
Certification Regarding Debannent, Suspension,
Ineligibility. and Voluntary Exclusion ............... 6
Certification Regarding Use of Contract Funds for
lobbying .................................... 8
ATTACHMENTS
A. Employment Preference for Appalachian Contracts
(included in Appalachian contracts only)
I. GENERAL
1. These contract provisions shall apply to all work performed on
the contract by the contracto(s own organization and with the
assistance of workers under the contractor's immediate superinten-
dence and to all work performed on the contract by piecework, station
work, or by subcontract.
2. Except as otherwise provided for in each section, the contractor
shall insert In each subcontract all of the stipulations contained in
these Required Contract Provisions, and further require their
inclusion in any lower tier subcontract or purchase order that may in
tum be made. The Required Contract Provisions shall not be
incorporated by reference in any case. The prime contractor shalf be
responsible for compliance by any subcontractor or lower tier
subcontractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Required
Contract Provisions shall be sufftclent grounds for termination of the
contract.
4. A breach of the following ctauses of the Required Contract
Provisions may also be grounds for debannent as provided in 29
CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2. 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of Section
IV (except paragraph 5) and Section V of these Required Contract
Provisions 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 contracto(s employees or their
representatives.
6. Selection of Labor: During the performance of this contract,
the contractor shall not:
a. discriminate against labor from any other State, possession,
or territory of the United States (except for employment preference for
Appalachian contracts, when applicable. as specified In Attachment
A), or
b. employ convid 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.
II. NONDISCRIMINAnON
(Applicable to aU Federal-aid construction contracts and to all
Form FHWA-1273 (Rev. 3-94)
related subcontracts of $10,000 or more.)
1. Equal Employment Opportunity: Equal employment opportu-
nity (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
contracto(s project activities under this contract. The Equal Opportu-
nity Construction Contract Specifications set forth under 41 CFR 60-
4.3 and the provisions of the American Disabilities Ad of 1990 (42
U.S.C. 12101 ~ H9.) set forth under 28 CFR 35 and 29 CFR 1630
are incorporateo 6Y7eference 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
(SHA) and the Federal Government in carrying out EEO obligations
and in their review of hislher activities under the contract.
b. The contractor win accept as his operating policy the
following statement:
Itlt 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 adion shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of payor other forms of
compensation; and selection for training, Including apprentice-
ship, preapprenticeship, and/or on-tha-job training."
2. EEO Officer: The contractor will designate and make known
to 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.
3. DI...mlnatlon 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 win
implement, the contractor's EEO policy and contractual responsibili-
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 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 fEO 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.
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, applJcants for
employment and potential employees.
e. The contractor's 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. Recruitment: When advertising for employees, the contractor
will include in all advertisements for employees the notation: ItAn
Equal Opportunity Employer.. All such advertisements will be placed
Page 1
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 consider-
ation.
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 pannits
the contractor's compliance with EEO contract provisions. (The DOL
has held that where implementation of such agreements have the
effect of discriminating against minorities or women, or obligates the
contractor to do the samet 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 shall be established and administered. and personnel actions
of every type, induding hiring, upgrading, promotion, transfer,
demotion. layoff, and termination, sha. 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 discrimi-
natory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to detennine 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 shall
incfude an affected persons.
d. The contractor will promptly investiqate all 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 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.
6. 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
shaH make full use of training programs, i.e., aprrenticeshiPt and
on-tha-job training programs for the geographies area of contract
perfonnance. Where feasible, 25 percent of apprentices or trainees
in each occupation shaH 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 require-
ments 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 promo-
tion.
7. Unions: If the contractor relies in whole or in part upon unions
as a source of employees, the contractor will use hislher best efforts
to obtain the cooperation of such unions to increase opportunities for
Page 2
minority groups and women within the unions. and to effect referrals
by such unions of minority and female employees. Actions by the
contractor either direcUy or through a contractor's association acting
as agent will include the procedures set forth below:
a. The contractor will use best efforts to develoPt in coopera-
tion 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 origint 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 the SHA and shalf 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
wil" 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 andlor
qualifiable minority group persons and 'NOmen. (The DOL has held
that it shall be no excuse that the union with which the contractor has
a collective ba~aining agreement providing for exclusive referral
failed to refer mrnority employees.) In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these specJal
provisions, such contractor shall immediately notify the SHA.
8. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shall not discriminate on the
grounds of race, color, religion, sex, national origint age or disability
in the selection and retention of subcontractors, including procure-
ment 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 perfonn
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 subcontrac-
tor compliance with their EEO obligations.
9. 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 three years following
completion of the contract work and shall be available at reasonable
times and places for inspection by authorized representatives of 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 oee subcontractors or subcontractors with meaningful
minority and female rePresentation among their employees.
b. The contractors will submit an annual report to the SHA
Form FHWA-1273 (Rev. 3-94)
each July for the duration of the project, indicating the number of
minority, women, and non-minority group employees currently
engaged in each work classification required by the contract work.
This 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.
III. NONSEGREGATED FACILITIES
(Applicable to all Federal-aid construction contracts and to alt
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 supply agreement
or purchase order, as appropriate. the bidder, Federal-aid construc-
tion contrador, subcontractor, material supplier. or vendor. as
appropriate. certifies that the firm does not maintain or provide for its
employees any segregated facilities at any of its establishments, and
that the firm does not permit its employees to perform their services
at any location, under its control, where segregated facilities are
maintained. The firm agrees that a breach of this certification is a
violation of the EEO provisions of this contract. The firm further
certifies that no employee will be denied access to adequate facilities
on the basis of sex or disability.
b. As used in this certification, the term .segregated facilities.
means any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, timeclocks, locker rooms, and
other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
facilities provided for employees which are segregated by explicit
directive, or are, in fact, segregated on the basis of race, color,
religion. national origin, age or disability, because of habit, focal
custom, or otherwise. The only exception will be for the disabled
when the demands for accessibility override (e.g. disabled parking).
c. The contractor agrees that it has obtained or will obtain
identical certification from proposed subcontractors or material
suppliers prior to award of subcontracts or consummation of material
supply agreements of $10,000 or more and that it will retain such
certifications in its files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal-aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located on
roadways classified as local roads or rural minor collectors, which are
exempt. )
1. General:
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 subsequent deduction or rebate on any
account [except such payroll deductions as are permitted by
regulations (29 CFR 3) issued by the Secretary of labor under the
Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona
fide fringe benefits (or cash equivalents thereof) due at time of
payment. The payment shall be computed at wage rates not less
than those contained in the wage determination of the Secretary of
labor (hereinafter "the wage detennination.) which is attached hereto
and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor or its subcon-
tractors and such laborers and mechanics. The wage detennination
(including any additional classifications and wage rates conformed
under paragraph 2 of this Section IV and the DOL poster (WH-1321)
or Form FHWA-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 fringe benefits under Section 1 (b)(2) of the
Davis-Bacon Act (40 U .S.C. 276a) 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 less often than quarterly)
under plans, funds, or programs, which cover the partiCUlar weekly
period, are deemed to be constructively made or incurred durin~ such
weekly period. Such laborers and mechantcs shall be paid the
appropriate wage rate and fringe benefits on ttie wage determination
for the classification of work actually performed, without regard to
skill, except as provided in paragraphs 4 and 5 of this Section IV.
Form FHWA-1273 (Rev. 3-94)
b. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein. provided, that the
employer's payroll records accurately set forth the time spent in each
classification in which work Is performed.
c. All rulings and interpretations of the Davis-Bacon Act and
related acts contained in 29 CFR 1, 3, and 5 are herein incorporated
by reference in this contract.
2. Classification:
a. The SHA contracting officer shall require that any dass of
laborers or mechanics employed under the contract, which is not
fisted 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 performed by the additional classifica-
tion requested is not performed by a classification in the wage
determination:
(2) the additional classification is utilized in the area by the
construction industry;
(3) the proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates contained
in the wage detennination; 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 officer
agree on the classification and wage rate (including the amount
deSignated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the 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 contracting officer or wi" notify the contract-
;ng officer within the 30-day period that additional time is necessary.
d. In the event the contractor or subcontractors, as appropri-
ate, the laborers or mechanics to be employed in the additional'
classification or their representatives, and the contracting officer do
not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all
interested parties and the recommendation of the contracting officer,
to the Wage and Hour Administrator for determination. Said
Administrator, or an authorized representative, will issue a detennina-
lion within 30 days of receipt and so advise the contracting officer or
will notify the contracting 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
paid to all workers performing work in the additional classification
from the first day on which work is Performed ;n the classification.
3. Payment of Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes 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, he/she may
consider as a part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, provided, that the Secretary
of Labor has found, upon the written 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.
Page 3
4. Apprentice. 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 they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship ~ogram registered with the DOL. Employment and
Training Administration, Bureau of Apprenticeship and Training, or
with a State apprenticeship agency recognized by the Bureau. or if a
person is employed in hislher first 90 days of probationary employ-
ment as an apprentice in such an apprenticeship program, who is not
individually registered in the program. but who has 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 apprentice.
(2) The allowable ratio of apprentices to journeyman-level
employees on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire work
force under the registered program. Any employee listed on a payroll
at an apprentice wage rate, who is not registered or otheewise
employed as stated above, shall be paid not less than the applicable
wage rate listed in the wage determination for the classification of
work actually performed. In addition, any apprentice 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. Where a
contractor or subcontractor is performing construction on a project in
a locality other than that in which its program is registered, the ratios
and wage rates (expressed in percentages of the journeyman-level
hourty rate) specified in the contractor's or subcontractor's registered
program shall be observed.
(3) Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeyman-level hourty
rate specified in the applicable wage determination. Apprentices
shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable
classification. If the Administrator for the Wage and Hour Division
determines that a different practice prevails for the applicable
apprentice classification. fringes shall be paid in accordance with that
determination.
(4) In the event the Bureau of Apprenticeship and Training,
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 utilize apprentices at less
than the applicable predetermined rate for the comparable work
performed by regular empfoyees until an acceptable program is
approved.
b. Trainees:
(1) Except as provided in 29 CFR 5.18, trainees will not be
permitted to work at less than the predetennined rate for the work
perfonned 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 shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Any
employee listed on the payroll at a trainee rate who is not registered
and participatin(l in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable
wage rate on the wage determination for 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 joumeyman-level hourly rate
specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention frin~e benefits,
trainees shaN be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Hour
Page 4
Division detennines 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 fringe benefits for
apprentices. in which case such trainees shatl receive the same
fringe benefits as apprentices.
(4) In the event the Employment and Training Administra-
tion withdraws approval of a training program, the contractor or
subcontractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until
an acceptable program is approved.
c. Helpers:
Helpers will be permitted to work on a project if the helper
classification is specified and defined on the applicable wage
detenninatJon or is approved pursuant to the conformance procedure
set forth in Section IV.2. Any worker listed on a payroll at a helper
wage rate, who is not a helper 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 Train... (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill
training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal-aid
highway construction p~rams are not subject to the requirements
of paragraph 4 of this SectIOn IV. The straight time hourly wage rates
for apprentices and trainees under such programs win be established
by the particular programs. The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the tenns 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 subcontractor under this contract or
any other Federal contract with the same prime contractor, or any
other FederaHy-assisted contract subject to Davis-Bacon prevailing
wage requirements which is held by fhe same prime contractor, as
much of the acaued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the contractor or any subcontrac-
tor the ful amount of wages required by the contract. In the event of
failure to pay any laborer or mechanic, including any apprentice.
trainee, or helper, employed or working on the site of the work, all or
part of the wages required by the contract, the SHA contracting officer
may, after written notice to the contractor. take such action as may be
necessary to cause the suspension of any further payment, advance,
or guarantee of funds until such violations have ceased.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of
laborers, mechanics, watchmen, or guards (including apprentices,
trainees, and helpers described in paragraphs 4 and 5 above) shall
require or permit any laborer, mechanic, watchman, or guard in any
workweek in which he/she is employed on such wor1<, to work in
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 times hislher basic rate of pay for all hours worked
in excess of 40 hours in such workweek.
8. Violation:
liability for Unpaid Wages; Liquidated Damages: In the event
of any violation of the clause set forth in paragraph 7 above, the
contractor and any subcontractor responsible thereof shall be liable
to the affected employee for his/her unpaid wages. In addition. such
contrador and subcontractor shall be liable to the United States (in
the case of work done under contract for the Distrfd of Columbia or
a territory, to such District or to such territory) for liquidated damages.
Such liquidated damages shaH be computed with respect to each
individual laborer. mechanic, watchman, or guard employed in
violation of the clause set forth in paragraph 7, in th.s sum of $10 for
each calendar day on which such employee was required or pennit-
ted to work in excess of the standard work week of 40 hours without
payment of the overtime wages required by the clause set forth in
paragraph 7.
9. Withholding for Unpaid Wag.. and Liquidated Damages:
Form FHWA-1273 (Rev. 3-94)
The SHA shalf upon its own action or upon written request of any
authorized representative of the DOL withhold, or cause to be
withheld, from any monies payable on account of work performed by
the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other
Federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph
8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal-aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located on
roadways classified as local roads or rural collectors, which are
exempt. )
1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the
Secretary of Labor which are herein incorporated by reference.
2. 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 contrad for all laborers, mechanics,
apprentices, trainees, watchmen, helpers. and guards working at the
site of the work.
b. The payroll records shall contain the name, social security
number, and address of each such employee; his or her correct
classification; hourly rates of wages paid (.ncluding rates of contribu-
tions or costs antIcipated for bona ride fringe benefits or cash
equivalent thereof the types described in Section 1(b)(2)(B) of the
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 resJde 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
costs reasonably antJdpated in providing benefits under a plan or
program described in Section 1 (b )(2)(8) of the Davis Bacon Act, the
contractor and each subcontractor shall maintain records which show
that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible. that the plan or program
has been communicated In writing to 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 shall 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 fumish, each week
in which any contract work is perfonned, to the SHA resident
engineer a payroll of wages paid each of its employees (including
apprentices, trainees, arid helpers. described in Section IV, para-
graphs 4 and 5, and watchmen and guards engaged on work during
the preceding weekly payroll period). The payroll submitted shall set
out accurately and completely all of the infonnation required to be
maintained under paragraph 2b of this Sedion V. This information
may be submitted in any fonn 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 payroU submitted shall 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 shall 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 earned, without rebate,
either direcUy or indirectly, and that no deductions have been made
Form FHWA-1273 (Rev. 3-94)
either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in the Regulations, 29 CFR 3;
(3) that each laborer or mechanic has been paid not less
that the applicable wage rate and fringe benefits or cash equivalent
for the classification of worked perfonned, as specified in the
applicable wage determination incorporated into the contract.
e. The weekly submission of a property executed certification
set forth on the reverse side of Optional Form WH-34 7 shall satisfy
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 inspec-
tion, copying, or transcription by authorized representatives of the
SHA, the FHWA, or the DOL, and shall 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 upon request 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 aU Federal-aid contracts on the National Highway System,
except those which provide solely for the installation of protective
devices at railroad prade crossin~s, 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 roadway
and bridge is less than $1.000,000 (23 CFR 635) the contractor shall:
a. Become familiar with the list of specific materials and
supplies 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 contract.
b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in the work, and also Qf 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 .Fonn FHWA-47 together with the data required
in paragraph 1 b relative to materials and supplies, a finat labor
summary of all contract work indicating the total hours worked and
the total amount earned.
2. At the prime contractor's option, either a single report covering
all contrad work or separate reports for the contractor and for each
subcontract shall be submitted.
VII. SUBLElTING 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 designated by the State.
Specialty items may be performed by subcontract and the amount of
any such .specialty items performed may be deducted from the total
original contract price before computing the amount of work required
to be perfonned by the contractor's own organization (23 CFR 635).
a. "Its own organization- shall be construed to include only
workers employed and paid directly by the prime contractor and
equipment owned or rented by the prime contractor, with or without
operato~. Such term does not include employees or equipment of
Page 5
a subcontractor, assignee, or agent of the prime contractor.
b. "Specialty Items" shall be construed to be limited to wort<
that requires h~hly speciatized knowledge, abilities, or equipment not
ordinarily available in the type of contracting organizations qualified
and expected to bid on the contrad as a whole and in general are to
be limited to minor components of the overall contract.
2. The contract amount upon which the requirements set forth in
paragraph 1 of Section VII is computed includes the cost of material
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
perfonnance of the work in accordance with the contract require-
ments. and is in charge of all construction operations (regardless of
who perfonns the work) and (b) such other of its own organizational
resources (supervision. management. and engineering services) as
the SHA contracting officer delennines is necessary to assure the
performance of the contract.
4. No portion of the contract shall be sublet. assigned or otherwise
disposed of except with the written consent of the SHA contracting
officer. or authorized representative. and such consent when 9,lven
shalf not be construed to relieve the contractor of any respons.bmty
for the fulfillment of the contract. Written consent will be given only
after the SHA has assured that each subcontract is evidenced in
writing and that it contains all pertinent provisions and requirements
of the prime contract.
VIII. SAFETY: ACCIDENT PREVENnON
1. In the perfonnance of this contract the contractor shall comply
with all applicable Federal. State, and local laws governing safety,
health, and sanitation (23 CFR 635). The contractor shaH provide all
safeguards, safe~ devices and protective eqUipment and take any
other needed actions as it del8fll1ines, or as the SHA contracting
officer may detennlne. to be reasonably necessary to protect the life
and health of employees on the job and the safety of the public and
to protect property in connection with the perfonnance of the work
covered by the contract.
2. It is a condition of this contract, and shall 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 employee, In performance of the contract, to work in surround-
ings or under conditions which are unsanitary, hazardous or danger-
ous to hislher health or safety. as determined under construction
safety and health standards (29 CFR 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 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 performance to inspect or
investigate 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 Work 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 Federal-aid highway projects.
it is essential that a" persons concerned with the project perform their
functions as carefully, thoroughly, and honestly as possible. Willful
falsification. distortion. or misrepresentation with respect to any facts
related to the project is a violation of Federal law . To prevent any
misunderstanding regarding the seriousness of these and similar
acts, the following notice shall be posted on each Federal-aid
highway project (23 CFR 635) in one or more places where it is
readily available to all persons concerned with the project:
NOnCE 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 or Territory, or whoever, whether a person,
association, firm, or corporation, knowingly makes any false state-
ment, false representation, or false report as to the character, quality,
Page 6
quantity, or cost of the material used or to be used, or the quantity or
quality of the work performed or to be perfonned. or the cost thereof
in connection with the submission of plans, maps, specifications,
contracts, or costs of construction on any highway or related project
submitted for approval to the Secretaf}l of Transportation; or
Whoever knowingly makes any false statement, false representa-
tion, false report or false claim with respect to the character, quality,
quantity, or cost of any work performed or to be performed, or
materials furnished or to be furnished, in connection with the
construction of any highway or related project approved by the
Secretary of Transporlation; or
Whoever knowingly makes any false statement orfslse representa-
tion as to material fact in any statement, certificate, or report
submitted pursuant to provisions o( the Federal-aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and supple-
mented:
Shall be fined not more that $10,000 or imprisoned not more than
5 years or both. "
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATERPOLlunONCONTROLACT
(Applicable to all Federal-aid construction contracts and to all related
subcontrads 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 follows:
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 et .!!Q., as amended by Pub.L. 91-604),
and under the Federal Water POIfution Control Ad, as amended (33
U.S.C. 1251 !lag.. as amended by Pub.L. 92-500). Executive Order
11738, and regUlitlons in implementation thereof (40 CFR 15) is not
listed, on the date of contract award, on the U.S. Environmental
Protection Agency (EPA) Ust of Violating Facilities pursuant to 40
CFR 15.20.
2. That the firm agrees to comply and remain in compliance with all
the requirements of Section 114 of the Clean Air Act and Section 308
of the Federal Water Pollution Control Act and all regulations and
guidelines listed thereunder.
3. That the finn shall prompUy notify the SHA of the receipt of any
communication from the Director, Office of Federal Activities. EPA,
indicating that a facility that is or will be utilized for the contract is
under consideration to be listed on the EPA List of VIOlating Facilities.
4. That the firm agrees to include or cause to be included the
requirements of paragraph 1 through 4 of this Section X in every
nonexempt subcontrad. and further agrees to take such action as the
govemment may direct as a means of enforcing such requirements.
XI. CERnFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBilITY AND VOLUNTARY EXCLUSION
1. Instructions for Certification - Primary Covered Transac-
tions:
(Applicable to all Federal-aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
primary participant;s 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 fumish 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 detennined 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 Govemment. the department or agency may terminate this
Form FHWA-1273 (Rev. 3-94)
transaction for cause of default.
d. The prospective primary participant shalt provide immediate
written notice to the department or agency to whom this proposal is
submitted if any time the prospective primary participant leams 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," "particfant," "person, II
"primary covered transaction,. .principal," "proposal, and "voluntarily
excluded, If 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 transac-
tion with a person who is debarred, suspended. declared ineligible,
or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency entering into this
transaction.
g. The prospective primary participant further agrees by
submitting this proposal that it will include the clause titled "Certifica-
tion Regarding Debannent. Suspension. Ineligibility and Voluntary
Exclusion-Lower ner Covered Transaction," provided by the
department or agency entering into this covered transaction. without
modification, in all lower tier covered transactions and in all solicita-
tions 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 r~uired by this clause. The knowledge
and information of participant IS not required to exceed that which is
norma.y 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.
Form FHWA-1273 (Rev. 3-94)
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 judgement rendered against them for
commission of fraud or a criminal offense in connection with obtain-
ing, attempting to obtain, or perfonning a public (Federal, State or
local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civiUy
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 applica-
tion/proposal had one or more public transactions (Federal, State or
local) tenninated 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
shalt attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Covered Transac-
tions:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of $25.000 or more - 49 CFR 29)
s. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certJtication in this clause is s material representation
of fact upon which reliance was placed when this transaction was
entered into. If it ;s later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition
to other remedies available to the Federal Govemment, the depart-
ment, or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
c. The prospective lower tier partiCipant sha. provide immedi-
ate written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant reams that its
certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible." "primary covered transaction, II "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
submitt~ this proposallhat it will include this clause titled .Certifica-
tion Regarding Debannent, Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transaction," without modification, in
all lower tier covered transactions and in aU 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 votuntarily
excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and
Page 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 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 e 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 exduded from
participation in this transaction, in addition to other remedies avaHable
to the Federal Govemment, the department or agency with which this
transaction originated may pursue available remedies, including
suspension andlor debarment.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Excluslon-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 debannent. declared ineligible, or volun-
tarily excluded from participation in this transaction 6y 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.
Page 8
XII. CERnFICATION 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 proposa', 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 inftuencing
or attempting to inftuence 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
awardin~ of any Federal contract, the makin~ of any Federal grant,
the making of any Federal loan, the entering .nto 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 reguired 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 aU lower tier subcontracts, which exceed
$1 00,000 and that all such recipients shall certify and disclose
accordingly.
Form FHWA-1273 (Rev. 3-94)
.::
ATTACHMENT A. EMPLOYMENT PREFERENCE FOR
APPALACHIAN CONTRACTS
(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
wor1<. shaH give preference to qualified persons who regularty reside
in the labor area as designated by the DOL wherein the contract work
is situated, or the subregion, or the Appalachian counties of the State
wherein the contract work is situated, except:
a. To the extent that qualified persons regularty 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 contrador 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,
Form FHWA-1273 (Rev. 3-94)
(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
placed with the State Employment Service in writing or by telephone.
If during the course of the contract work, the infonnation 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 qualified job
applicants referred to him by the State Employment Service. The
contractor is not required to grant employment to any job applicants
who, in his opinion, are not qualified to perform the classification of
work required.
4. If, within 1 week following 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 fiU positions covered by the certificate,
notwithstanding the provisions of subparagraph 1 c 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..
Page 9
ATTACHMENT C
STANDARD FORM OF AGREEMENT BETWEEN
OWNER AND CONSTRUCTION ENGINEER AND INSPECTION
CONSULTANT
GEIGER CREEK BRIDGE REHABILITATION
ATTACHMENT C
Classification
Billin2 Rate Der Hour.
eEl Senior Project Engineer
CEI Project Engineer
eEl Senior Inspector
eEl Resident Compliance Specialist
$ 173.60
$ 11 7.60
$ 78.00
$ 48.00
*It is assumed that the work hours will be Monday thru Friday, 8 hour days.
Testing
Miscellaneous Testing Services
(concrete cylinders, grouts, etc.)
$1,500 LS
ineer
Staffing Estimate
120 construction da s
2010
(hours)
I! I'
Jan I Feb i Mar I A rIMa
o j 8 8 8! 8
Total
Jun Hours Cost $
8 40 6.944
o 40
o 85
o 8
40
160
8
40
j
160 !
8
40
90
8
200 23,520
655 51,090
40 1 .920
Based on the staffing schedule, billing rates, and testing services fee listed above,
MACTEC's Not to exceed contract amount for all services as listed in the scope of
services is $ 84..974.
Reimbursable Exvenses
As per Article 7.1.2, rates shown are inclusive of reimbursable expenses, except for
airfare, which will be billed to the County at the Consultant's Cost.