07/17/2013 ContractAMY REAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: July 22, 2013
TO: Judy Clarke, PE
Director of Engineering
ATTN. Tina Losacco
FROM Vitia Fernandez, D. C.
At the July 17, 2013, Board of County Commissioners meeting, the Board granted approval and
authorized execution of the following items:
Item C11 Award Contract to American Bridge Company in the amount of $630,415.26 for the Old
SR 940 Leg A (Watson Boulevard) Bridge repair project. This project is funded by Florida Department
of Transportation (FDOT) through a Local Agency Program (LAP) Agreement.
Item C 12 Contract with Parsons Brinckerhoff, Inc. for Construction Engineering and Inspection
(CEI) services for the Old SR 940 Leg A (Watson Boulevard) Bridge repair project. This project is
funded by Florida Department of Transportation (FDOT) through a Local Agency (LAP) Agreement.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any
questions, please do not hesitate to contact our office.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 - 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 -289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
Old SR 940 Lee A (Watson Bridge) Repair
Section 00500
Standard Form of Agreement
Between Owner and Contractor
Where the basis ofpayment is a STIPULATED SUM
AGREEMENT
Made as of the 17th day of July in the year of Two Thousand and Thirteen.
BETWEEN Owner: Monroe County Board of County Commissioners ( "BOCC ")
1100 Simonton Street
Key West, Florida 33040 ("Owner ")
And the Contractor: American Bridge Company
5430 West Tyson Avenue
Tampa, Florida 33611 ( "Contractor ")
For the following Project: Old SR 940 Leg A (Watson Bridge) Repair Project
Big Pine Key
Monroe County, Florida 33043 ( "Project')
Oversight for Owner:
Engineer:
Parsons Brinkerhoff, Inc.
One Penn Plaza
New York, NY 10119
CH2M HILL, Inc
9428 Baymeadows Road, Suite 300
Jacksonville, Florida 32256
The Owner and Contractor agree as set forth below.
Old SR 940 Leo A (Watson Bridle) Repair
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and
Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to
execution of this Agreement, other documents listed in this Agreement and Modifications issued
after execution of this Agreement. These form the Contract, and are as fully a part of the
Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described fn the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows:
Scope of Work is as specified in the Contract Documents, and shown on the Drawings and in the
specifications. The contract constitutes the entire and exclusive agreement between the Owner
and the Contractor with reference to the Old SR 940 Leg A (Watson Bridge) Repair Project.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is
measured, and shall be the date of this Agreement, as first written above, unless a different date
is stated below or provision is made for the date to be fixed in a notice to proceed issued by the
Owner as stated- in Section 00350, milestone schedule. Unless the date of commencement is
established by a notice to- proceed issued by the Owner, the Contractor shall notify the Owner, in
writing not less than five days before commencing the Work.
The date of commencement shall be the date specified in the Notice to Proceed issued to the
Contractor.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
120 Days after the Date of Commencement, subject to adjustments of the Contract Time as
provided by the Contract Document.
LIQUIDATED DAMAGES
Liquidated dournages will be based on the Substantial Completion Date for all work, modified by
all approved extension in time as set forth by the Owner's signature of approval on the
Certificate of Substantial Completion. The liquidated damages table below shall be utilized to
determine the amount of liquidated damages.
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Ofd SR 940 Lee A (Watson Brid ) Remir
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall
be an extension of time on the Contract.
Balance of Page Intentionally Left Blank
M 8
5150 =10 MIMI, 10
FIRST
SECOND
31" DAY &
CONTRACT AMOUNT
15 DAYS
15 DAYS
THEREAFTER
Under 50,000.00
$50.00/DAY
$100.00/DAY
$250.00/DAY
$50,000.00- $99,999.00
100.00/DAY
200.00/DAY
750.00/DAY
$100,000.00- 499,999.00
200.00/DAY
500.00/DAY
2,000.00/DAY
$500,000.0 and Up
500.00/DAY
1,000.00/DAY
3,500.00/DAY
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall
be an extension of time on the Contract.
Balance of Page Intentionally Left Blank
M 8
5150 =10 MIMI, 10
Old SR 940 Lee A (Watson Bridge) Remir
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract, for Old SR 940 Leg A (Watson Bridge) Repair Project the Contract Sum of
SIX HUNDRED THIRTY THOUSAND FOUR HUNDRED FIFTEEN AND 26/100
DOLLARS, ($630,415.26), subject to additions and deductions as provided in the Contract
Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner: None
4.3 Unit prices, if any, are as follows: As specified in Section 00110.
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and
upon Project Applications and Certificates for Payment, the Owner shall make progress
payments on account of the Contract Sum to the contractor as provided bellow and elsewhere in
the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending
on the last day of the month.
5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared in such
form and supported by such data to substantiate its accuracy as the Owner may require. This
schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the share
of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of Ten p ercent (10 %). Pending final determination of cost to the Owner of changes in
the Work, amounts not in dispute may be included in applications for Payment. The amount of
credit to be allowed by the Contractor to the Owner for a deletion or change which results in a
net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both Mg
Old SR 940 Les A (Watson Bridge) Repair
additions and credits covering related Work or substitutions are involved in a change the
allowance for overhead and profit shall he figured on the basis of net increase, if any, with
respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a location
agreed upon in writing), less retainage of Ten percent (I 0 1 /o):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for
Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be
further modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total
payments to Ninety percent (90 %) of the Contract Sum, less such amounts as the Owner
recommends and determines for incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of
the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the
General Conditions.
5.8 Reduction or limitation of retainage, if any, shall be as follows: None
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work as provided in
Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which
necessarily survive final payment: and (2) a final Project Certificate for Payment has been issued
by the Project Manager: such final payment shall be made by the Owner not more than 20 days
after the issuance of the final Project Certificate for Payment.
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision ?s amended or supplemented
by other provisions of the Contract Documents.
7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local
Government Prompt Payment Act 218.735
MA
Old SR 940 Leg A (Watson Bridge) Repair
7.3 Temporary facilities and services:
None.
7.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the
execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133,
Florida Statutes). Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from County's competitive
procurement activities.
In addition to the foregoing, Contractor further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act defined by
Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally
charged with committing an act defined as a "public entity crime" regardless of the amount of
money involved or whether Contractor has been placed on the convicted vendor list.
Contractor will promptly notify the County if it or any subcontractor is. formally charged
with an act defined as a "public entity crime" or has been placed on the convicted vendor list. A
person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for
a -period of 36 months from the date of being placed on the convicted vendor list.
7.6 The following items are part of this contract:
a) Maintenance of Records: Contractor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Each party to this Agreement or their
authorized representatives, or the Federal Emergency Management Agency or its designee, shall
have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four years following the
termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the Contractor shall repay the monies together with interest calculated pursuant
to Sec. 55.03; FS, running from the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall
be governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of this Agreement, the County and Contractor agree that venue
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4292013 STANDARD FORM OFAGREBENTBEFWEENOWNFRANDCONIRACPOR (9 2012) 00500 -6
Old SR 940 Lee A (Watson Bridge) Repair
shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. This Agreement shall not be subject to arbitration.
C) Severability: If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a- court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement, shall not be affected thereby; and each remaining
term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable
to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The County and Contractor agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs: The County and Contractor agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party relative to
the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees and court costs, as an award against the non - prevailing party, and shall
include attorney's fees and courts costs in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules
of Civil Procedure and usual -acid customary procedures required by the circuit court of Monroe
County.
e) Binding Effect: The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) Authority: Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
g) Claims for Federal or State Aid: Contractor and County agree that each shall
be, and is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
h) Nondiscrimination: County and Contractor agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination -has occurred, this Agreement- automatically
terminates without any further action on the part of any party, effective the date of the court
order. County or Contractor agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis
of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC ss.1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended
(42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse
Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, /M15
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Old SR 940 Lee A (Watson Bridge) Renair
Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act
of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10)
Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; 11) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
i) Covenant of No Interest: County and Contractor covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
j) Code of Ethics: County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing -business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
k) No Solicitation/Payment: The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
1) Public Access: The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the County and Contractor in conjunction. with this Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by Contractor.
m) Non - Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the County and the Contractor in this Agreement and the
acquisition of any commercial liability insurance coverage, self - insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
n) Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules, pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
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4292013 STANDARDFORMOFAGREEvIENNTBETWEENOWNERANDCOMRACTOR (9 2012) 00500 -8
Old SR 940 Lee A (Watson Bridee) Repair
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
o) Legal Obligations and Responsibilities: Non - Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
p) Non - Reliance by Non - Parties: No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the
County and the Contractor agree that neither the County nor the Contractor or any agent, officer,
or employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or- superior to the community in general or
for the purposes contemplated in this Agreement.
q) Attestations: Contractor agrees to execute such documents as the County may
reasonably require, including a Public Entity Crime Statement, -an Ethics Statement, and a Drug -
Free Workplace Statement.
r) No Personal Liability: No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of -the execution of this Agreement.
S) Execution in Counterparts: This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by signing any such counterpart.
t) Section Headings: Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
u) Special Conditions, if any are detailed in Section 01000 of the Project Manual
for this Project.
v) Hold Harmless and Indemnification: Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he
shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed
officers and employees harmless from and against (i) claims, actions or causes of action, (ii)
litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any
Q9013 STANDARDFoRMOFAGRERviENTBErwEENoWNFRANDCONiRAcr oR(9 2012) 005(la9
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type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii)
costs or expenses that may be asserted against, initiated with respect to, or sustained by the
County and the COUNTY's elected and appointed officers and employees from liabilities
damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent
caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and
persons employed or utilized by the indemnifying party in the performance of the construction
contract. The monetary limitation of liability under this contract shall be not less than $1 million
per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that occur during the
term of this Agreement, this section will survive the expiration of the term of this Agreement or
any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
In the event the completion of the project (including_the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
w) Adjudication of Disputes or Disagreements: The Owner and Contractor agree
that all disputes and disagreement shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If no resolution can be agreed upon within 30
days after the first meet and confer session, the issue or issues shall be discussed at public
meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This provision does not negate or waive
the provisions of Paragraph X concerning cancellation.
x) Cancellation: In the event that .the Contractor shall be f6und to be negligent in
any aspect of installation, stocking, maintenance, repair, or service, the County shall have the
right to terminate this agreement after five days written notification to the Contractor.
y) Cooperation: In the event any administrative or legal proceeding is instituted
against either parry relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor 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 Contractor
specifically agree that no parry to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
MSS
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Old SR 940 Lee A (Watson Bridge) Repair
7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this
Project belong to the County and may be reproduced and copied without acknowledgement or
permission of the Contractor.
7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations
under this agreement, except in writing and with the prior written approval of the Board of
County Commissioners for Monroe County, which approval shall be subject to such conditions
and provisions as the Board may deem necessary. -This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee or subcontractor shall comply
with all of the provisions of this Agreement. Subject to the provisions of the immediately
preceding sentence, each party hereto binds itself, its successors, assigns and legal
representatives to the other and to the successors, assigns and legal representatives of such other
party.
7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third party.
7.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation: The Contractor
agrees to comply with the provisions of FDOT's Disadvantaged Business Enterprise Program as
outlined in the Certification contained in Section 00110 Bid Proposal. The Contractor will
complete and execute FDOT form 275 - 030 =11B, DBE Affirmative Action Plan, which is
included as Attachment A to this Agreement.
7.11 FHWA Form 1273: Form 1273 is attached hereto as Attachment B and made a part of
this contract. The Contractor will adhere to all provisions in FHWA Form 1273.
7.12 Buy America: The Contractor agrees that it will comply with the requirements of 49
U.S.0 Section 5323 0) (1). Section 165 (a) of the Surface Transportation Assistance Act of 1982,
as amended, but it may qualify for an exception to the requirements pursuant to Section 165 (b)
(2) or (b) (4) of the Surface Transportation Assistance Act of 1982 and regulation in 49 CFR
661.7.
7.13 Foreign Contractor and Supplier Restriction: The Contractor shall not knowingly
enter into any subcontract under this contract:
(1) With a subcontractor of a foreign country included on the list of countries that discriminate
against U.S. firms published by the United States Trade Representative (USTR) or
(2)_ For the supply of any product for use on the Federal Public Works project under this contract
that is produced or manufactured in a foreign country included on the list of countries that
discriminate against U.S. firms published by USTR (Includes "Buy American" provisions).
7.14 Public Agency Subcontracting to Private Sector Entity Contract Provision: in
accordance with the provisions of 23 CFR 635.112(e), No public agency shall be permitted to
bid in competition or to enter into subcontracts with private contractors. A breach of any of the
stipulations 23 CFR 635.112(e) shall be sufficient grounds for termination of the Contract.
7.15 Contractor Purchased Equipment for Local Ownership: in accordance with the
provisions of 23 CFR 140 and 49 CFR Section 18.3 the Contractor will not purchase equipment
for County ownership. / d
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7.16 Equipment Rental Rates: in accordance with 23 CFR 635.120 and 48 CFR 31 the
County will pay standard equipment rental rates for the local area where the Work is being
conducted for rented equipment, as needed during the project.
7.17 Local Hiring Preference: the County will not include a Local Hiring Preference for this.
contract.
7.18 Publicly Owned Equipment: in accordance with the provisions of 23 CFR 635.106
publicly owned equipment will not be allowed to compete with privately owned equipment
under this agreement.
7.19 State Preference: No requirement will be imposed:
(a) To require the use of or provide a price differential in favor of articles or materials produced
within the State, or otherwise to prohibit, restrict or discriminate against the use of articles or
materials shipped from or prepared, made or produced in any State, territory or possession of the
United States; or
(b). To prohibit, restrict or otherwise discriminate against the use of articles or materials of
foreign origin to any greater extent than is permissible under policies of the Department of
Transportation as evidenced by requirements and -procedures prescribed by the FHWA
Administrator to carry out such policies.
7.20 Salvage Credits: The Contractor will not receive credits for salvageable materials.
7.21 Equal Employment Opportunity (EEO) Requirements: the Contractor will adhere
to the DOT EEO requirements in accordance with Executive Order 11246 and as outlined in
the Equal Employment Opportunity Certification in Specification Section 00110. Prior to the
start of construction the Contractor will complete FDOT Form 275- 021 -13 Notification to
FDOT of EEO Officer and Form 275 - 021 -05, Record of Supervisory and Office Personnel
EEO Meeting or Individual Orientation, which are included as Attachment C to this
Agreement.
7.22 Davis -Bacon Act: In accordance with the Davis -Bacon Act, the Contractor and their
subcontractors shall-pay workers employed directly upon the site of the work no less than the
locally prevailing wages and fringe benefits paid on projects of a similar character. The current
prevailing wage rate table is attached as Attachment D.
7.23 The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify
system to verify the employment eligibility of all new employees hired by the Contractor
during the term of the Contract and shall expressly require any subcontractors performing work
or providing services pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security's E -Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the Contract term.
Old SR 940 Les A (Watson Bridge) Repair
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14
of the General Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General
Conditions.
Article 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: See Article 1
9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and
Contractor.
9.1.2 The General -- Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated May 2013, and are as follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph
9.1.3, and are as follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different
date is shown below:
9.1.6 The Addenda, if any, are as follows:
Portions of Addenda relating to bidding requirements are not part of the Contract Documents
unless the bidding requirements are also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the contract Documents are as follows:
Monroe County Bid Form in Section 00110.
See Article 1.
REMAINDER OF PAGE LEFT BLANK
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Old SR 940 Lee A (Watson Bridge) pair
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or, accounting for
the other counterparts, be deemed an original contract.
(SEAL)
Attest: AMY HEAVILIN, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
- By A "V- z- (h• �
Mayor
CONTRACTOR
By: iGl Q- 6.; G L
Title: lficc 1 V
END OF SECTION 00500
MONROE COUNTY ATTORNEY
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APPROVED AS TO FORM ED
CHRISTINE M. LIMBERT- BARROWS `-D
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ASSIST T 00 N rY ATTORNEY
Date tL'jo� �l r•�
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Title: aeD6 1 J MLM
ATTACHMENT A
Florida Department of Transportation
RICK SCOTT 605 Suwannee Street ANANTH PRASAD, P.E.
GOVERNOR Tallahassee, FL 32399 -0450 SECRETARY
February 24, 2012
RE: DBE AFFIRMATIVE ACTION PLAN APPROVAL
Dear Mr. Wind:
The Disadvantaged Business Enterprise Affirmative Action Plan submitted by:
AMERICAN BRIDGE COMPANY
has been approved for a period of three years. Please update and submit a new plan
before the expiration date shown below. If you do not plan to work on any Florida
Department of Transportation Projects, it will not be necessary for you to submit a new
plan.
If you need any additional information, please contact me at (850) 414 -4742.
Sincerely,
� 7
Erica Miller
Contract Compliance Administrator
Equal Opportunity Office
AFFIRMATIVE ACTION PLAN EXPIRATION: February 24, 2015
This plan is one of the requirements to bid on contracts for the Florida Department of
Transportation. This is not approval for Unified Certification Program Disadvantaged
Business Enterprise (UCP /DBE) Certification. For additional information in becoming a
DBE, contact the Certification Section at (850)414 -4747.
www.dot.state.fl.us M6
ATTACHMENT B
MB
Required Contract Provisions Federal -Aid Construction Contracts
FHWA -1273 Electronic Version — March 10, 1994
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Payment of Predetermined Minimum Wage
V. Statements-and Payrolls
VI. Record of Materials, Supplies, and Labor
VII. Subletting or Assigning the Contract
VIII. Safety: Accident Prevention
IX. False Statements Concerning Highway Projects
X. Implementation of Clean Air Act and Federal Water Pollution Control Act
XI. Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion
XII. Certification Regarding Use of Contract Funds for Lobbying
Attachments
A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only)
1
2
6
7
12
14
14
15
16
17
17
21
23
I. GENERAL
1. These contract provisions shall apply to all work performed on the contract by the
contractor's own organization and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the contract by piecework, station
work,_ or by subcontract.
?. 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 turn
be made. The Required Contract Provisions shall not be incorporated by reference in any
case. The prime contractor shall 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
sufficient grounds for termination of the contract.
4. A breach of the following clauses of the Required Contract Provisions may also be grounds
for debarment as provided in 29 CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
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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 contractor'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 convict labor for any purpose within the limits of the project unless it is labor
performed by convicts who are on parole, supervised release, or probation.
II. NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or
more.)
Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not
to discriminate and to take affirmative action to assure equal opportunity as set forth under
laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and
orders of the Secretary of Labor as modified by the provisions prescribed herein, and
imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action
standards for the contractor's project activities under this contract. The Equal Opportunity
Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the
American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and
29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract,
the contractor agrees to comply with the following minimum specific requirement activities of
EEO:
The contractor will work with the State highway - agency (SHA) and the Federal
Government in carrying out EEO obligations and in their review of his /her activities
under the contract.
b. The contractor will accept as his operating policy the following statement:
"it is the policy of this Company to assure that applicants are
employed, and that employees are treated during employment,
without regard to their race, religion, sex, color, national origin, age
or disability. Such action shall include: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship, preapprenticeship,
and/or on- the-job training."
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EEO Officer: The contractor will designate and make known to the SHA contracting
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. Dissemination of Policy: All members of the contractors staff who are authorized to hire,
supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will implement, the
contractors EEO policy and contractual responsibilities to provide EEO in each grade and
classification of employment. To ensure that the above agreement will be met, the following
actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted
before the start of work and then not less often than once every six months, at which
time the contractor's EEO policy and its implementation will be reviewed and
explained. The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough
-indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO
obligations within thirty days following their reporting for duty with the contractor.
C. All personnel who are engaged in direct recruitment for the project will be instructed
by the EEO Officer in the contractors procedures for locating and hiring minority
group employees.
d. Notices and posters setting forth the contractors EEO policy will be placed in areas
readily accessible to employees, applicants for employment and potential
employees.
e. The contractors EEO policy and the procedures to implement 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: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minority
groups in the area from-which the project work force would normally-be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct
systematic and direct - recruitment through public and private employee referral
sources likely to yield qualified minority group applicants. To meet this requirement,
the contractor will identify sources of potential minority group employees, and
establish with such identified sources procedures whereby minority group applicants
may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive
hiring hall referrals, he is expected to observe the provisions of that agreement to
the extent that the system permits the contractors compliance with EEO contract
provisions. (The DOL has held that where implementation of such agreements have
/1a
the effect of discriminating against minorities or women, or obligates the contractor
to do the same, such implementation violates Executive Order 11246, as amended.)
C. The contractor will encourage his present employees to refer minority group
applicants for employment. Information and procedures with regard to referring
minority group applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee benefits shall be established
and administered, and personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race,
color, religion, sex, national origin, age or disability. The following procedures shall be
followed:
a. The contractor will conduct periodic inspections of project sites to insure that
working conditions and employee facilities do not indicate discriminatory treatment
of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
C. The contractor will periodically review selected personnel actions in depth to
determine whether there is evidence of discrimination. Where evidence is found, the
contractor will promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such corrective action shall
include all- affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made
to the contractor in connection with his obligations under this contract, will attempt to
resolve such complaints, and - will take appropriate corrective action within a
reasonable time. If the investigation 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 shall make full use of training
programs, i.e., apprenticeship, and on-the-job training programs for the geographical
area of contract performance. Where feasible, 25 percent of apprentices or trainees
in each occupation shall be in their first year of apprenticeship or training. In the
event a special provision for training is provided under this contract, this
subparagraph will be superseded as indicated in the special provision.
C. The contractor will advise employees and applicants for employment of available
training programs and entrance requirements for each.
4
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The contractor will periodically review the training and promotion potential of minority
group and women employees and will encourage eligible employees to apply for
such training and promotion.
Unions: -If the contractor relies in whole or in part upon unions as a source of employees,
the contractor will use his /her best efforts to obtain the cooperation of such unions to
increase opportunities for minority groups and women within the unions, and to effect
referrals by such unions -of minority and female employees. Actions by the contractor either
directly or through a contractor's association acting as agent will include the procedures set
forth below:
a. The contractor will use best efforts to develop, in cooperation with the unions, joint
training programs aimed toward qualifying more minority group members and
women for membership in the unions and increasing the skills of minority group
employees and women so that they may qualify for higher paying employment.
b. The contractor will use best efforts to incorporate an EEO clause into each union
agreement to the end that such union will be contractually bound to refer applicants
without regard to their race, color, religion, sex, national origin, age or disability.
C. The contractor is to obtain information as to the referral practices and policies of the
labor union except that to the extent such information is within the exclusive
possession of the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to the SHA and shall set
forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of
minority and women referrals within the time limit set forth in the collective
bargaining agreement, the contractor will, through independent recruitment efforts,
fill the employment vacancies without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified and/or qualifiable
minority group persons and women. (The DOL has held that it shall be no excuse
that the union with which the contractor has a collective bargaining agreement
providing for exclusive referral failed to refer minority employees.) In the event the
union referral practice prevents the contractor from meeting the obligations pursuant
to Executive Order 11246, as amended, and these special provisions, such
contractor shall immediately notify the SHA.
Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The
contractor shall not discriminate on the grounds of race, color, religion, sex, national origin,
age or disability in the selection and retention of subcontractors, including procurement of
materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and suppliers of his /her EEO
obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have
equal opportunity to compete for and perform subcontracts which the contractor
enters into pursuant to this contract. The contractor will use his best efforts to solicit
bids from and to utilize DBE subcontractors or subcontractors with meaningful
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minority group and female representation among their employees. Contractors shall
obtain lists of DBE construction firms from SHA personnel.
C. The contractor will use his best efforts to ensure subcontractor compliance with their
EEO obligations.
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 .^lade in locating, hiring, training, qualifying,
and upgrading minority and female employees; and
4. The progress and efforts being made in securing the services of DBE
subcontractors or subcontractors with meaningful minority and female
representation among their employees.
b. The contractors will submit an annual report to the SHA each July for the duration of
the project, indicating the number of minority, women, and non - minority group
employees currently engaged in each work classification required by the contract
work. This 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 all related subcontracts of $10,000 or
more.)
a. By submission of this bid, the execution of this contract or subcontract, or the consummation
of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid
construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies
that the firm does not maintain or provide for its employees any segregated facilities at any
of its establishments, and that the firm does not permit its employees to perform their
services at any location, under its control, where segregated facilities are maintained. The
firm agrees that a breach 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
4reas, 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, trensportation, and housing facilities provided for employees which are
segregated by explicit directive, or are, in fact, segregated on the basis of race, color,
N6
religion, national origin, age or disability, because of habit, local custom, or otherwise. The
only exception will be for the disabled when the demands for accessibility override (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.)
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)j 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 determination ") 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 subcontractors
and such laborers and mechanics. The wage determination (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 during such weekly period. Such laborers and mechanics
shall be paid the appropriate wage rate and fringe benefits on the 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.
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 employers payroll records
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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 class of laborers or mechanics
employed under the contract, which is not listed in the wage determination, shall be
classified in conformance with the wage determination.
b. The contracting officer shall approve an additional classification, wage rate and
fringe benefits only when the following criteria have been met:
the work to be performed by the additional classification 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
determination; and
4. with respect to helpers, when such a classification prevails in the area in
which the work is performed.
c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if
known) to be employed in the additional classification or their representatives, and
the contracting 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 will notify the contracting
officer within the 30-day period that additional time is necessary.
In the event the contractor or subcontractors, as appropriate, 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 determination within 30 days of receipt and so advise
the contracting officer or will notify the contracting officer within the 30-day period
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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
in the classification.
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.
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.
4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers:
a. Apprentices:
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 program 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 his /her -first 90 days of probationary employment 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 employment 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
otherwise 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 hourly rate)
9
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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 hourly 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, withdraws 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 employees until an acceptable
program is approved.
b. Trainees:
1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at, less
than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior
approval, evidenced by formal certification by the DOL, Employment and Training
Administration.
2. The ratio of trainees to journeyman -level employees on the job site 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 participating 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 journeyman-
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 fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the Administrator
of the Wage and Hour Division determines that there is an apprenticeship program
associated 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 shall receive the same fringe benefits as apprentices.
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4. In the event the Employment and Training Administration 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
determination 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
determination for the classification of work actually performed.
Apprentices and Trainees (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 programs 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 will be established by the particular programs. The ratio of apprentices and
trainees to joumeymen shall not be greater than permitted by the terms of the particular
program.
6. Withholding:
The SHA shall upon its own action or upon written request of an authorized representative
of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this
contract or any other Federal contract with the same prime contractor, or any other
Federally- assisted contract subject to Davis -Bacon prevailing wage requirements which is
held by the same prime contractor, as much of the accrued payments or advances as may
be considered necessary to pay laborers and mechanics, including apprentices, trainees,
and helpers, employed by the contractor or any subcontractor the full 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 work, 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 his /her basic rate of pay for all hours worked in excess of 40 hours in
such workweek.
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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 wagesAi such
contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory)
for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer, mechanic, watchman, or guard employed in violation of the clause set
forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was
required or permitted 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 Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of any authorized
representative of the DOL withhold, or cause to be withheld, from any monies payable on
account of work performed by the contractor or subcontractor under any such contract or
any other Federal contract with 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 contract 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
(including rates of contributions or costs anticipated for bona fide 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 Appalachian contracts, the payroll records shall contain a
notation indicating whether the employee does, or does not, normally reside in the
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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 anticipated in
providing benefits under a plan or program described in Section 1(b)(2)(B) 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 furnish, each week in which any contract
work is performed, to the SHA resident engineer a payroll of wages paid each of its
employees (including apprentices, trainees, and helpers, described in Section IV,
paragraphs 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 information required to be maintained under paragraph 2b of
this Section V. This information may be submitted in any form desired. Optional
Form WH -347 is available for-this purpose and may be purchased from the
Superintendent of Documents (Federal stock number 029 -005- 0014 -1), U.S.
Government Printing Office, Washington, D.C. 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
d. Each payroll submitted shall be accompanied by a "Statement 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 directly or indirectly, and that no
deductions have been made 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
performed, as specified in the applicable wage determination incorporated into
the contract.
e. The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH -347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 2d of this Section V.
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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 inspection, 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 all Federal -aid contracts on the National Highway System, except those which provide
solely for the installation of protective devices at railroad grade crossings, those which are
constructed on a force account or direct labor basis, highway beautification contracts, and
contracts for which the total final construction cost for 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 of the quantities of those specific materials and
supplies listed on Form FHWA -47, and in the units shown on Form FHWA -47.
c. furnish, upon the completion of the contract, to the SHA resident engineer on Form
FHWA -47 together the data required in paragraph 1 b relative to materials and
supplies, a final 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 contract work or separate
reports for the contractor and for each subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
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 worts required to be performed by the contractor's own organization (23 CFR 635).
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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 operators. Such term does not include
employees or equipment of a subcontractor, assignee, or agent of the prime
contractor.
b. "Specialty Items" shall be construed to be limited to work that requires highly
specialized knowledge, abilities, or equipment not ordinarily available in the
type of contracting organizations qualified and expected to bid on the
contract as a whole and in general are to be limited to minor components of
the overall contract.
2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is
computed includes the cost of material and manufactured products which are to be
purchased or produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed
by the firm, has full authority to direct performance of the work in accordance with the
contract requirements, and is in charge of all construction operations (regardless of who
performs the work) and (b) such other of its own organizational resources (supervision,
management, and engineering services) as the SHA contracting officer determines 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 given shall not be construed to relieve the contractor of any responsibility for
the fulfillment of the contract. Written consent will be given only after the SHA has assured
that each subcontract is evidenced in writing and that it contains all pertinent previsions and
requirements of the prime contract.
VIII. SAFETY: ACCIDENT PREVENTION
In the performance 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
shall provide all safeguards, safety devices and protective equipment and take any other
needed actions as it determines, or as the SHA contracting officer may determine, 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 performance 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 into pursuant to this contract, that the contractor and any subcontractor
shall not permit any employee, in performance of the contract, to work in surroundings or
under conditions which are unsanitary, hazardous or dangerous to his/her 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).
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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 tlic of compliance with the construction safety
and health standards and to carry out the duties of the Secretary under Section 107 of the
- - - Contract and - Safety Standards (40 U:S.C. 333): - - - - - - -
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in conformity 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 all 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:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY
PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or
whoever, whether a person, association, firm, or corporation, knowingly makes any false statement,
false representation, or false report as to the character, quality, quantity, or cost of the material used
or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof
in connection with the submission of plans, maps, specifications, contracts, or costs of construction
on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, 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 Transportation, or
Whoever knowingly makes any false statement or false representation as to material fact in any
statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and supplemented,
Shall be fined not more that $10, 000 or imprisoned not more than 5 years or both."
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X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or
more.)
By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder,
Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as- follows:
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 secl., as
amended by Pub.L. 91 -604), and under the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et se g., as amended by Pub.L. 92 -500), Executive Order 11738,
and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract
award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities
pursuant to 40 CFR 15.20.
2. That the firm -agrees to comply and remain in compliance with all the requirements of Section
114 of th Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
3. That the firm shall promptly 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 subcontract, and further agrees to take such
action as the government may direct as a means of enforcing such requirements.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
1. Instructions for Certification - Primary Covered Transactions:
(Applicable to all Federal -aid contracts - 49 CFR 29)
a. By signing and submitting -this proposal, the prospective primary participant is
providing the certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily
result in denial of participation in this covered transaction. The prospective
participant shall submit an explanation of why it cannot provide the certification set
out below. The certification or explanation will be considered in connection with the
department or agency's determination whether to enter into this transaction.
However, failure of the prospective primary participant to furnish a certification or an
explanation shall disqualify such a person from participation in ti its transaction.
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C. The certification in this clause is a material representation of fact upon which
reliance was placed when the department or agency determined to enter into this
transaction. If it is later determined that the prospective primary participant
knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency may terminate this
transaction for cause of default.
The prospective primary participant shall provide immediate written notice to the
department or agency to whom this proposal is submitted if any time the prospective
primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," 'lower tier
covered transaction," " participant," "person," "primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the department or agency to which this
proposal is submitted for assistance in obtaining a copy of those regulations.
The prospective primary participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not - knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this
transaction.
g. The prospective primary participant further agrees by submitting this proposal that it
will include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by
the department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
h. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method -and frequency by
which it determines the eligibility of its principals. Each - participant may, but is not
required to, check the nonprocurement portion of the "Lists of Parties Excluded
From Federal Procurement or Nonprocurement Programs" (Nonprocurement List)
which is compiled by the General Services Administration.
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.
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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.
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;
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 obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a.public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph lb of this certification; and
d. Have not within a 3 -year period preceding this application /proposal had one or more
public transactions (Federal, State or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this
proposal.
2. instructions for Certification - Lower Tier Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000
or more - 49 CFR 29)
a. By signing and submitting this proposal, the prospective lower tier is providing the
certification set out below.
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b. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later determined
that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the
department, or agency with which this transaction originated may pursue available
remedies, including suspension and /or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous by reason of changed
circumstances.
d. The terms "covered transaction," "debarred," " suspended," "ineligible," "primary
covered transaction," "participant," "person," "principal," "proposal," and 'voluntarily
excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact
the person to which this proposal is submitted for assistance in obtaining a copy of
those regulations.
e. The prospective lower tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this
transaction originated.
The prospective lower tier participant further agrees by submitting this proposal that
it will include this clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the Nonprocurement List.
h. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
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Except for transactions authorized under paragraph a of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible; or voluntarily
excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- -Lower
Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements
in this certification, such prospective participant shall -attach an explanation to this
proposal.
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed
$100,000 - 49 CFR 20)
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the bestof
his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee - of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or emp!oyee 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.
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2. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
- - - - - - 3. - The- prospective participant - also agrees by submitting his or her bid or proposal - that he or - she -
shall require that the language of this certification be included in all lower tier subcontracts,
which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
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ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS
(Applicable to Appalachian contracts only.)
During the performance of this contract, the contractor undertaking to do work which is, or
reasonably may be, done as on -site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL wherein the contract work is
situated, or the subregion, or the Appalachian counties of the State wherein the contract work
is-situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially
experienced personnel necessary to assure an efficient execution of the contract work.
C. For the obligation of the contractor to offer employment to present or former employees
as the result of a lawful collective bargaining contract, provided that the number of
nonresident persons employed under this subparagraph 1 c shall not exceed 20 percent
of the total number of employees employed by the contractor on the contract work,
except as provided in subparagraph 4 below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the
classifications of the laborers, mechanics and other employees required to perform the
contract work, (b) the number of employees required in each classification, (c) the date on
which he estimates such employees will be required, and (d) any other pertinent information
required by the State Employment Service to complete the job order form. The job order may
be_ placed with the State Employment Service in writing or by telephone. If during the course
of the contract work, the information submitted by the contractor in the original job order is
substantially modified, 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 contractor, or less than the number requested, the State Employment
Service will forward a certificate to the contractor indicating the unavailability of applicants.
Such certificate shall be made a part of the contractor's permanent project records. Upon
receipt of this certificate, the contractor may employ persons who do not normally reside in
the labor area to fill positions covered by the certificate, notwithstanding the provisions of
subparagraph 1c 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.
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AMENDMENT
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
(Exclusive of Appalachian Contracts)
Section 1, General, is supplemented with the following:
7. Section 902 of the American Recovery and Reinvestment Act (ARRA) of 2009 requires that
each contract awarded using ARRA funds must include a_provision that provides the U.S.
Comptroller General and his representatives with the authority to:
"(1) to examine any records of the contractor or any of its subcontractors, or any
State or local agency administering such contract, that directly pertain to, and involve
transactions relating to, the contract or subcontract; and
(2) to interview any officer or employee of the contractor or any of its subcontractors,
or of any State or local government agency administering the contract, regarding
such transactions.'
The Contractor shall include the following provision in all contracts, subcontracts, and other
contracts for services for an ARRA funded project:
"Accordingly, the Comptroller General and his representatives shall have the
authority and rights as provided under Section 902 of the ARRA with respect to this
contract, which is funded with funds made available under the ARRA. Section 902
further states that nothing in this section shall be interpreted to limit or restrict in any
way any existing authority of the Comptroller General."
"Section 1515(a) of the ARRA provides authority for any representatives of the
Inspector General to examine any records or interview any employee or officers
working on this contract. The contractor is advised that representatives of the
inspector general have the authority to examine any record and interview any
employee or officer of the contractor, its subcontractors or other firms working on this
contract. Section 1515(b) further provides that nothing in this section shall be
interpreted to limit or restrict in any way any existing authority of an inspector
general."
Under Section II, Paragraph 8b is revised as follows:
The reference to 49 CFR 23 is revised to read 49 GFR 26.
Under Section 1 Paragraph 8b is supplemented with the following:
The contractor, sub - recipient or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-
assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other
remedy as the recipient deems appropriate.
Amendment to Fo-m FHWA 1273
Revised March 26, 2009
M13
Under Section II, in accordance with standard specification 1- 08.1(1) and applicable RCWs a new
paragraph 8d is added as follows:
The contractor or subcontractor agrees to pay each subciai tractor under this prime contract
for satisfactory performance of its contract and/or agreement no later than ten (10) days from
-- - the - receipt of- each - payment- the - prime - contractor - receives -from WSDOT or -its- sub- recipients: -
The prime contractor agrees further to return retainage payments to each subcontractor
within ten (10) days after the subcontractor's work is satisfactorily completed. Any delay or
postponement of payment from the above referenced time frame may occur only for good
cause following written approval of the WSDOT. This clause covers both -DBE and non -DBE
contractors.
Under Section IV, the applicability statement is supplemented with the following:
(Applicable to all ARRA funded construction contracts and related subcontracts regardless of
location, including projects on local roads or rural minor collectors, and Transportation
Enhancement projects outside the highway right -of -way.)
Under Section IV, Paragraph 2b(4) is deleted.
Under Section IV, Paragraph 4, "and helpers" is deleted from the title.
Under Section IV, Paragraph 4a(1), add:
The provisions in this section allowing apprentices to.work at less than the - predetermined
rate when they are registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, or with the Bureau of
Apprenticeship and Training, does not preclude a requirement for the Contractor to pay
apprentices the full applicable predetermined rate in the event a State Apprenticeship
Agency, recognized by the Bureau, has not approved, or withdraws approval, of an
apprenticeship program.
Under Section IV, Paragraph 4c is deleted.
Under Section IV, Paragraph 6 is revised by deleting "helpers" and "helper".
Under Section IV, Paragraph 7 is revised by deleting "helpers ":
Under Section V, the. applicability statement is supplemented with the following:
(Applicable to all ARRA funded construction contracts and related subcontracts regardless of
location, including projects on local roads or rural minor collectors, and Transportation
Enhancement projects outside -the highway right -of -way.)
Under Section V, Paragraph 2a is revised by deleting "helpers ".
Amendment to Form FHWA 1273
Revised March 26, 2009
2
146
Under Section V, Paragraph 2b, the first sentence is revised to read:
"The payroll records shall contain the name and an individually identifying number (e.g., the
last four digits of the employees social security number) for each such employee; his or her
- -- -. correct classification; - hourly rates -of wages paid - (including rates of contributions or costs. - - - - - -
anticipated for bona fide 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. Payrolls shall not include the full social security
number and home address of covered workers. Contractors and subcontractors shall
maintain the full social security number and home address of each covered worker and shall
provide them to the SHA upon request."
Under Section V, Paragraph 2d(2) is revised by deleting "helper".
Section VI, Records Of Material, Supplies, And Labor, is deleted
Amendment to Form FHWA 1273
Revised March 26, 2009
3
A14
ATTACEaMNT C
A6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275.021.13
NOTIFICATION TO FOOT OF EEO OFFICER E ouALOPPORTUnm
olros
Mail signed original to:
FDOT Equal Opportunity Office , 605 Suwannee Street -MS 65, Tallahassee, FI 32399 -0450
Section 1: COMPANY IDENTIFICATION
1. Contractor Name:
I Home Office Mailing Addmss. (9m
4. Home Office Mailing Address: (cit State, Zip))
30 V. TYJeA1 4vFvdf
74^04 , Ft: 336//
S Main PhonaNumber:
6. F ax Number:
_
/3 2514 1 4 127 813 259 y'1Sy
7. What Is being Initial EEO Officer Notice to F OOT I Now Person Appointed I A o)ntea Chamed Name Contact Data Chanaed
Changed? Yes Lj Na Lj Yes Na I U Yes U No Yes U No
Section 2: EEO OFFICER IDENTIFICATION
B. Name of EEO Officer: ( fast name, middle initial, last name)
9. EEO Officer's Working Title:
IA/i &
7
10. Work Address of EEO Officer: (Street)
11. Work Address of EEO Officar: (city, state, zip)
so,-)hr
�.
12 EEO Officer Phone Number.
1 EEO Officer Fax Number.
14. EEO Ofitoei email address:
be .. �..1 (-
Section 3: SIGNATURE OF CORPORATE OFFICIAL
As required in the Equal Employment Opportunity Special Provisions Included In Federally Funded
Highway Construction Contracts and as required in the Equal Employment Opportunity
Requirements Included in all State funded highway construction contracts, this official notice of EEO
Officer appointment (and /or update) is made to the Flor Department of Transportation and the
U.S. Federal Highway Administration (FHWA). I understand that additional Information regarding the
EEO Officer, the EEO Policy and other aspects of the construction contract compliance program may
be found in the EEO Construction Contract Compliance Workbook.
15. Appointing Official's Signature:
16. Dote: (Moil)ayfYr.)
c 4l�d 1 6A__1f1
17. Official's Name:1prinled)
is. Official's Titio: (printed)
(This Section For FDOT Use) Section 4: Processing of Notification
19. Processed by. (First and Last flame)
20. Date Processed: (mohlapW)
DISTRIBUTION: Original to FOOT Centmi EO Olrce Files: Copy: haled to Contractor
UPDATEACT04: Input In FORS seem
Md
275-021 -13
EOUAL OPPORfUW Y
01107
State of Florida Department of Transportation
EEO Officer Notification
This form is used by contractors to communicate the appointment of an EEO Officer and to provide
EEO Officer Contact data. The form is also used to update that information in the event of new
appointees, name changes or contact data changes. Refer to the EEO Construction Contract
Compliance Workbook and the FDOT contract for compliance program requirements and instructions.
The contractor mails original of the - completed form to
FDOT Equal Opportunity Office
605 Suwannee Street -MS 65
Tallahassee, FI 32399 -0450
A copy of the form is returned to the contractor upon completion of processing by FDOT
General: Complete all boxes each time this form is submitted
Section 1: Proieet Identification
Box 1 Contractor Name The name of the contractor.
Box 2 FEID No. — The contractor's Federal Identification Number
Box 3 - Home Office Mailing Address (Street) — The contractor's home office street
address; if the business' home office is outside of Florida, indicate the address of the Florida
Home Office.
Box 4- Home Office Mailing Address (City, State, Zip) — The contractor's home office city,
state and zip code; if the business' home office is outside of Florida, indicate the address of
the Florida Home Office.
Box 5 Main Phone No. - Area code and phone number contractor's main business phone
Box 6 Fax Number No. — Area code and phone number contractor's main fax
Box 7 What is Being Changed? - Mark 'Yes' or 'No" to indicate if this is the company's
initial submission of EEO Officer information; If a new person has been appointed as EEO
Officer, If the appointee of record had a name change, and if the appointee's contact data is
being updated.
Section 2: EEO Officer Identification
Box 8 Name. of EEO Officer — First name, middle initial and last name of EEO Officer
Box 9 EEO Officer's Working Title — Job title if the EEO Officer has other duties (e.g.
Treasurer, Manager of Contract Services, etc)
Box 10 Work Address of EEO Officer (Street) — Address of EEO Officer's office
Box 11 Work Address of EEO Officer (City, State, Zip) - Address of EEO Officer's office
Box 12 EEO Officer Phone Number - Area - code and phone -number for EEO Officer
-Box 13-EEO Officer Fax Number — Area code and fax number for EEO Officer
Box 14 EEO Officer email address — EEO Officer Email address
Section 3: Signature of Corporate Official
Box 15 Appointing Official's Signature — Signature of Company Official responsible for
EEO Officer Appointment
Box 16 Date (Mo /Day/Year) — Date appointing official signs this Notification form
Box 17 Official's Name (printed) — Printed first name and last name of person signing Box
15
Box 18 Official's Title (printed) — Printed title of person signing Box 15 (e.g. President,
CEO etc)
Section 4: Processing of Notification
This section is completed by FDOT
Box 19 Processed by — First and last name of person processing the Notification
Box 20 Date Processed — Date processing is completed
10
STATE of FIoRIDA oFPARTmEmT of TRANBpmAnom 275-021-05
RECORD OF SUPERVISORY AND OFFICE PERSONNEL E oua�oaaoRTU 01
827
EEO MEETING OR INDIVIDUAL ORIENTATION
1. COMPANY NAME:
2. DATE OF MEETING (M/D/Y):
3. FEW # OR FDOT VENDOR #:
4. NAME OF EEO OFFICER: .
5. CHECK TYPE OF MEETING:
6. ADDRESS WHERE MEETING HELD:
❑ INDIVIDUAL ORIENTATION
❑ EEO MEETING
7. EEO OFFICER'S CERTIFICATION:
The signature of this Company's EEO Officer is certification that an individual orientation or meeting was held with
supervisory personnel and others involved in personnel matters to address all aspects of our equal employment opportunity
(EEO) obligations. The major topics were addressed and a signed attendance record was made.
SIGNATURE: , EEO OFFICER
&. MAJOR TOPICS ADDRESSED:
✓ EEO Policy and Affirmative Action Plan ✓ Bulletin Boards
✓ Identification of EEO Officer ✓ Interviews by State and Federal representatives
✓ Equal Employment Opportunity and recruitment ✓ Training opportunities
,, 'Wages and Payrolls ✓ Complaints
,, 'Utilization of Disadvantaged Businesses
9. ATTENDEES:
PRINTED NAME AND TITLE SIGNATURE
ATTACH ADDITIONAL PAGES IF NECESSARY
A6
ATTACHMENT D
A14
General Decision Number: FL 130200 01/04/2013 FL200
Superseded General Decision Number: FL20120200
State: Florida
Construction Type: - Highway
Counties: Glades, Hardee, Hendry and Monroe Counties in
Florida.
HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
-- 0 01/04/2013
SUFL2009 -196 08/05/2009
Rates Fringes
CARPENTER, Including Formwork .... $ 11.97
0.00
CEMENT MASON /CONCRETE FINISHER ... $ 10.05 0.00
LABORER: Asphalt Raker .......... $ 9.75
2.19
LABORER: Common or General ...... $ 9.94
0.00
LABORER: Flagger ................$ 9.43
0.00
LABORER: Pipelayer ..............$ 8.33
0.00
OPERATOR: Backhoe/Excavator ..... $ 10.42
0.00
OPERATOR: Bulldozer .............$ 11.69
0.00
OPERATOR: Distributor ........... $ 10.38
0.00
OPERATOR: Grader/Blade .......... $ 13.78
0.00
OPERATOR: Loader ................$ 10.33
0.00
OPERATOR: Milling Machine ....... $ 10.08
0.00
OPERATOR: Oiler .................$ 9.58
0.00
OPERATOR: Paver .................$ 11.59
2.10
OPERATOR: Roller ................$ 10.23
0.00
OPERATOR: Screed ................$ 11.70
0.00
M9
file:/// Uj/ ... 20A /Front%2OEnd%2OSpecifications/ Attachments %2Oto %20form %2000500/ Davis% 20% 2OBacon %2OWage %2ODetermination.txt[5 / 8:46:16 AMI
OPERATOR: Tractor ...............$ 8.15 0.00
TRUCK DRIVER: 4 Axle Track ...... $ 11.18 1.60
TRUCK DRIVER: Lowboy Truck ...... $ 11.86 0.00
TRUCK DRIVER: Dump Truck ......... $ 17.00 0.00
---------------------------------------------------------- - - - - --
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is union or non - union.
Union Identifiers
An identifier enclosed in dotted lines beginning with
characters other than "SU" denotes that the union
classification and rate have found to be prevailing for that
classification. Example: PLUM0198 -005 - 07/01/2011. The first
four letters , PLUM, indicate the international union and the
four -digit number, 0198, that follows indicates the local union
number or district council number where applicable , i.e.,
Plumbers Local 0198. The next number, 005 in the example, is
an internal number used in processing the wage determination.
The date, 07/01/2011, following these characters is the
effective date of the most current negotiated rate /collective
bargaining agreement which would be July 1, 2011 in the above
example.
Union prevailing wage rates will be updated to reflect any
changes in the collective bargaining agreements governing the
rates.
0000/9999: weighted union wage rates will be published annually
each January.
A46
filet1XV .. 20A /Front%20End %20Specifir-ations/ Attachments %20to %20form %2000500 / Davis% 20% 20Bacon %20Wage %20Determination.txt[5 /7/2013 8:46:16 AM]
Non -Union Identifiers
Classifications listed under an "SU" identifier were derived
from survey data by computing average rates and are not union
rates; however, the data used in computin thes rates may
fnclude both - union and non -union data. Example: SULA2004=007
5/13/2010. SU indicates the rates are not union majority rates,
LA indicates the State of Louisiana; 2004 is the year of the
survey; and 007 is an internal number used in producing the
wage determination. A 1993 or later date, 5/13/2010, indicates
the classifications and rates under that identifier were issued
as a General Wage Determination on that date.
Survey wage rates will remain in effect and will not change
until a new survey is conducted.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
• an existing published wage determination
• a survey underlying a wage determination
• a Wage and Hour Division letter setting forth a position- on
a wage determination matter
• a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
M8
filet //UIL..20A/ Frontlo20Endo /a20Specifications/ Attachments %20to %20form %2000500/ Davis% 20% 20Bacon %20Wage %20Determination.txt[5 /7/2013 8:46:16 AM]
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
/9g
file) //UV...20A/ Front° /a20End %20Specifications( Attachments %20to %20fonn %2000500/ Davis% 20% 20Bacon %20Wage%20Determination.txt[5 /7/2013 8:46:16 AM]
Old SR 910 Lea A (Watson Bzi e) Repair
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles apply to the
corresponding policy.
POLICY
Workers Compensation /EL
General Liability
Vehicle Liability
DEDUCTISLES
$250,000 Each Accident /Person
$ 50,000 Each Occurrence
L
Liability policies are X Occurrence Claims Made
Aon Risk Services Central, In C7(. /�l �ti�
Insurance Agency Signature
Barbara L. Rutter, Assistant Vice President
BIDDER`S STATEMENT
I uaderstand the insurance that will be mandatory if •awarded the contract and wi P comply in full with all the
requirements.
AMSRitAW SKID GTE COMP MAR k. BELL 1 CE P T
Bidder -signature
Mq
4/29/2013 SUPPLEMENTARY INSURANCE DOCUMENTS 00900 -6
Old SR 940 Leg A (WaW -.midge) Rep -
Bidder's Insurance. Statement
The Insurance requi-m-ments are set forth in Section 00900 of the project manual as follows:
Insurance Reauirement
Worker's Compensation Statutory Limits
Employer's Liability WC3 $1 ,000,000/$1,000,000 /$1,000,000
WCUSLH Same as Employers Liability
WCJA Same as Employers Liability
General Liability GL3 $500,000 per person; $1,000,000 Per Occurrence
$100,000 Property Damage or
$1,000,000 Combined Single Limit
GLXCU *Required Endorsement
Underground, Explosion and Collapse
(XCM
Vehicle Liability VL2 $200,000 per person; $300,000 per occurrence
(Owned, hired and $200,000 Property Damage
Non - owned Vehicles) or
$300,000 Combined Limit
I understand the insurance that will be mandatory if awarded the contract and will comply in full with
all these requirements.
All insurers shall have an A.M. Best rating of VI or better and shall be licensed to do business in the state of
Florida.
American Bridge Company Mar ell, Ice re dent June 19, 2013
Name of Business
Signature
Date
A$
4/29/2013 BID PROPOSAL 00110-11
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION $23. 010.40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
oaos
Page t
FPN: 4 -1
Fund:
Federal No: 00 6A - 0o r
Org Code:
FPN:
Fund:
Federal No:
Org Code:
FPN:
Fund:
Federal No:
Org Code:
FPN:
Fund:
Federal No:
Org Code:
County No: O
Contract No: A E 3 I
Data Universal Number System (DUNS) No: 80 -939 -7102
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
Vendor No: V'F M00o7'/' 11l i
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this ?V day of , e20) by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agenc f the State of Florida, hereinafter called the
Department, and Monroe County hereinafter called the Agency.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Old SR
940 Lea A Bridge Repair Project and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed.
1.01 Attachments: Exhibit(s) A & B are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Agency Program Manual. which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may Include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de- certification of said Agency for future LAP
projects.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -MO40
LOCAL AGENCY PROGRAM AGREEMENT PROOUCT10NSUPPORT
o2(oe
Pop 2
Removal of All Funds
If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off - system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before October 1, 2013 If the Agency
does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement " not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or
to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including
federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration (FHWA) may require.
3.00 Project Cost:
3.01 Total Cost: The total cost of the project is $ 860.760 This amount is based upon the schedule of funding in Exhibit
"B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The
schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B." This amount includes federal -aid funds which are limited to the actual amount of federal -
aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is In multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUP 02%
a»
Pays 3
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000
and which have a term for a period of more than 1 year."
3.06 Notice- to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice -
to- Proceed from the Department.
3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non - compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained. Where non - compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall Incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal -aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5 -year period, the records shag be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
STATE OF FLORIDA DEPARTMW OF TRANSPORTATION WZPM040
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The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits
by Department staff, limited scope audits as defined by OMS Circular A -133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any
Inspections, reviews, investigations or audits deemed necessary by the FDOTs Office of Inspector General (OIG), and
the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non - profit organizations as
defined in OMB Circular A -133, as revised) are to have audits done annually using the following criteria:
1. in the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as
revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources
of federal awards, including federal resources received from the Department. The determination of amounts of
federal awards expended should be In accordance with the guidelines established by OMB Circular A -133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
Circular A -133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the
requirements relative to audhee responsibilities as provided in Subpart C of OMB Circular A -133, as revised.
3. If the recipient expends less than $500,000 in federal awards in Its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A -133, as revised, is not required. However, If the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must
be paid from non - federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part 11 - State Funded: Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (i), Florida
Statutes) are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a state single or project - specific audit for
such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit
organizations), Rules of the Auditor General. Exhibit 0 1" to this Agreement indicates state financial assistance
awarded through the Department by this Agreement. In determining the state financial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Department, other state agencies, and other non -state entities. State financial assistance does
not include federal direct or pass - through awards and resources received by a non -state entity for federal
program matching requirements.
2. In connection with the audit requirements addressed in Part ii, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General.
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3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, Is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award
number and year, and name of the state agency awarding it.
Part 111 - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings.
Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the
audit findings is required. Current year audit findings require corrective action and status of findings.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of
Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV - Report Submission:
1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A -133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Mr. Daniel Iglesias, P.E.
Senior Project Manager
Florida Department of Transportation
1000111 Avenue Room 6251
Miami, Florida 33172
b) The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10' Street
Jeffersonville, IN 47132
c) Other federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular
A -133, as revised.
2. in the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A -133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A -133, as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Federal Awards directl to each of the following:
Mr. Daniel Iglesias, P.E.
Senior Project Manager
Florida Department of Transportation
1000111 th Avenue Room 6251
Miami, Florida 33172
In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 626.01040
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financial reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
Mr. Daniel Iglesias, P.E.
Senior Project Manager
Florida Department of Transportation
1000111th Avenue Room 6251
Miami, Florida 33172
3. Copies of the financial reporting package required by Part 11 of this Agreement shall be submitted by or on behalf
of the recipient directl to each of the following:
a) The Department at each of the following address(es):
(Mr. Daniel Iglesias, P.E.
Senior Project Manager
Florida Department of Transportation
1000 111 th Avenue Room 6251
Miami, Florida 33172
b) The Auditor General's Office at the following address:
Auditor Generars Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399.1450
4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on
behalf of the recipient directly to:
a) The Department at each of the following address(es):
Mr. Daniel Iglesias, P.E.
Senior Project Manager
Florida Department of Transportation
1000 111th Avenue Room 6251
Miami, Florida 33172
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A -133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A -133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
STATE OF FLORIDA DEPARTAENT OF TRANSPORTATION 52&MO -Q
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The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received In conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right -
of -way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
Incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(1)(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3- "Travel" of the Department's Disbursement Operations Manual. Topic 350 - 030 -400 (Section 287.058(1)(b),
Florida Statutes).
0, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.80 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency In amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant
hereto;
7.02 Litigation: There Is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for
the project, costs agreed to be bome by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
STATE OF FLORIDA DEPARTAENT OF TRANSPORTATION 52"1640
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7.08 Final invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120 -day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all
of Its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
(a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the
Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such
notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the
deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement
as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the
deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon
demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting
the deficiency.
(b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing,
with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be
terminated.
(c) if the Agreement Is terminated before the project Is completed, the Agency shall be paid only for the percentage of the
project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the
equivalent percentage of the contract price. All work in progress will become the property of the Department and will be
turned over promptly by the Agency.
8.02 Action Subsequent to Notice -of- Termination or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The dosing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
Involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
STATE OF FLORIDA DEPARTmEmT OF TRANSPORTATION 526.01040
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financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the
Agency agrees that:
(a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must
include the following assurance:
"The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT - assisted contract or in the administration of its DBE program or the requirements of
49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to
ensure nondiscrimination in the award and administration of DOT- assisted contracts. The recipient's DBE
program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in
this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its
approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.)."
(b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must
include the following assurance:
"The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R.
Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such
other remedy as the recipient deems appropriate"
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terns and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
— Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: in connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, Including apprenticeship. The Agency shall insert the foregoing provision modified only to show the
particular contractual relationship in all its contracts in connection with the development of operation of the project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision In all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project
involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title Vl — Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
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Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as Imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity;
may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any
public entity; and may not transact business with any public entity.
12.06 Suspension, Revocation, Denial of Qualiflcation or Determination of Contractor Non - Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non - responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained In this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non - compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
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individual or entity not a party to this Agreement.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held invalid: If any provision of this Agreement Is held invalid,
the remainder of this Agreement shall not be affected. in such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department will review all plans and specifications and will issue to the Agency a written
approval with any approved portions of the project and comments or recommendations covering any remainder of the
project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction,
the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA-
1273 in all its contracts and subcontracts.
13.08 Right -of -Way Certification: Upon completion of right -of -way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right -of -way is required.
13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the Intended purpose.
13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
13.12 Restrictions on Lobbying:
Federal: The Agency agrees that no federally- appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
if any funds other than federally- appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
STATE OF FLORIDA DEPART1rENr OF TRANSPORTATION SES -01040
LOCAL AGENCY PROGRAM AGREEMENT PROO1wTeoNSUPPORT
aVW
Pap 12
Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right -of -way, the Agency ❑ will ❑ will not
maintain the improvements made for their useful fife.
13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, Inspected, and
approved.
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty In accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at 850 - 413 -5516 or by calling the State Comptroller's Hotline,
877- 693 -5236.
13.15 Reimbursement of Federal Funds:
The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review
conducted by FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the
Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department
of all funds awarded under the terms of this Agreement. Federal Economic Stimulus awards do not exempt the Agency
from adherence to federal guidelines, procedures, and regulations.
STATE of FLORIDA OEPARTW14T OP TRANSPORTATION 52"10V
LOCAL AGENCY PROGRAM AGREEMENT PR am
Pepe 13
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY M un Florida STATE OF F DE ENT OF TRANSPORTATION
By: By:
N : Hea er arruthers Nam . p�.duae.P.E
Ti : Ma Title.
Attest: '
Attest:
Title:
`' ;
As to foal. ` CLEPK Ifilft
4ttorney —Ass l-. CaAjnty R
} 3- 1 3o 1la
Legal Review:
Office of the General Counsel
See attached Encumbrance Form for date of funding approval by Comptroller.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.0040
LOCAL AGENCY PROGRAM AGREEMENT PROOUCnoNSUPpoRT
oeros
P"o
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 430193 -1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Monroe County
Dated
PROJECT LOCATION:
The project is X_, is not on the National Highway System.
The project is X_ is not on the State Highway System.
PROJECT DESCRIPTION: The project will consist of engineering design, permitting and construction of repairs to
Bridge #904310 Old SR 940 Leg A bridge. The work will include demolishing and replacing some or all of the deck,
repairing concrete abutments and retaining walls and performing repairs to the bank protection. Metal guardrails and
the bridge railing will be upgraded to meet current FDOT design standards. Construction engineering and inspection
services are also included in the scope of the project costs.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right -of -way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Study to be completed by
b) Design to be completed by June 30, 2012
c) Right-of-Way requirements identified and provided to the Department by
d) Right -of -Way to be certified by June 30,, 2012
e) Construction contract to be let by September 1. 2012
f) Construction to be completed by June 30, 2013
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52501440
LOCAL AGENCY PROGRAM AGREEMENT PROOUCTIONSUPPORT
oaroe
Pogo
EXHIBIT "B"
SCHEDULE OF FUNDING
Monroe County FPN: 430193 -1
Go Engineering Department
1100 Simonton Street
Key West, Florida 33040
PROJECT DESCRIPTION
Name: Old SR 840 Leg A, Bridge #904310 Length: 28 ft
Termini:
TYPE OF WORK By Fiscal Year
FUNDING
(
TOTAL
PROJECT FUNDS
(
AGENCY
FUNDS
(
STATE &
FEDERAL FUNDS
Planning 2011 -2012
2012 -2013
2013 -2014
Total Planning Cost
Project Development & Environment (PD &E)
2011 -2012
2012 -2013
2013 -2014
Total PD &E Cost
Design 2011 -2012
2012 -2013
2013 -2014
Total Design Cost
98.000
99.000
99,000
99,000
Right -of -Way 2011 -2012
2012 -2013
2013 -2014
Total -of -Way Cost
Construction 2011 -2012
2012 -2013
2013 -2014
Total Construction Cost
662.400
662,400
662,400
662,400
Construction Engineering and Inspection (CEI)
2011 -2012
2012 -2013
2013 -2014
Total CEI Cost
Total Construction and CEI Costs
99•360
99.360
99 360
99,360
761. 760
761,760
TOTAL COST OF THE PROJECT
860, 760
860,760
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of
each fiscal year. The Department will notify the Agency, in writing, when funds are available.
Perez, Sarah
To: Reyna, Alfredo
Subject: FW: Contract AOE31 - Monroe County - FM 430193- 1 -38 -01 FAP 0OB6 -001 - Ofd
SR94 /Leg A Bridge
FYI...
From: Perez, Sarah
Sent: Friday, August 26, 20119:27 AM
To: Benitez, Hong; Iglesias, Danny
Cc: Cann, Leigh; Medico, Peter J.; Alvarez, Teresita; Desdunes, Harold; Alvarez, Ana; Caminiti, Gina; Glass Johnson,
Linda; Martin, Michele
Subject: Contract AQE31 - Monroe County - FM 430193- 1 -38 -01 FAP 0086 -001 - Old SR94 /Leg A Bridge
Please be advised that contract AQE31 with Monroe County has been approved.
Proceed to have the contract sign by legal /director and provide a copy to this Office
To execute the contract in CFM.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract *AQE31 Contract Type: AK
Vendor Name: MONROE COUNTY
Vendor ID: VF596000749114
Beginning date of this Agmt: 08/16/11
Ending date of this Agmt: 10/01/13
Contract Total /Budgetary Ceiling: be
Method of Procurement: G
= $860,760.00
***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Description:
Old SR 940 /LEG A, Bridge # 904310 rehabilitation LAP Agreement with Monroe County
***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ORG -CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY /CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S) /STATUS
***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Action: ORIGINAL Funds have been: APPROVED
55 063030649 *PD *790089 * 99000.00 *43019313801 *215 *20.205
2012 *55100100 *088849/12
0001 *00 * *0001/04
------------------------------------------------------------------------
TOTAL AMOUNT: *$ 99,000.00 *
------------------------------------------------------------------------
FUNDS APPROVED /REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 08/16/2011
.' , tre .: -•s 1 . ..Y= .
1