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Item C25BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Jan 19, 2011 Bulk Item: Yes X No Division: County Administrator Department: Engineering Services Staff Contact Person/Phone #: Judith Clarke 295-4329 AGENDA ITEM WORDING: Approval to execute a Contract with Grader Mike, LLC, for the Boca Chica Road Restoration project located in Boca Chica Key. ITEM BACKGROUND: On April 29, 2010, Monroe County received 5 bids for this project. Grader Mike, LLC, was the lowest bidder with a bid price of $255,830. Due to Department of Environmental Protection (DEP) permitting delays, execution of the contract was delayed until January 2011. The project is eligible for reimbursement through the Federal Emergency Management (FEMA) as a result of damages incurred from Hurricane Wilma. PREVIOUS RELEVANT BOCC ACTION: BOCC approved authorizing MBI K2M to proceed with the design of the "partial restoration" alternative to Boca Chica Road in June 2007. BOCC approved advertising for construction bids at the March 2010 meeting. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval of the Contract as mentioned above. TOTAL COST: $255,830 INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: -0- SOURCE OF FUNDS: FEMA REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing X Risk Management X DOCUMENTATION: DISPOSITION: Revised 7/09 Included X Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Grader Mike LLC. Contract # Effective Date: January 19, 2011 Expiration Date: -March 19, 2011 Contract Purpose/Description: A portion of Boca Chica Road on Boca Chica Key was damaged during Hurricane Wilma. The Boca Chica Road Restoration project will be funded by the Federal Emergency Management Agency (FEMA). The construcion cost for this project is $255,830. Contract Manager: Clark Briggs 4306 Engineering /# I (Name) (Ext.) (Department/Stop #) for BOCC meeting on Jan 19, 2011 Agenda Deadline: Jan 4, 2011 CONTR-ACT COSTS Total Dollar Value of Contract: $ 255,830 Budgeted? YesF] No F Account Codes: Grant- $ 2551830 County Match: $ Estimated Ongoing Costs-, $0/yr (Not included in dollar value above} Current Year Portion: 255,830 ADDITIONAL COSTS For: (eg. maintenance, LltilitiCSI Janitorial, salaries, etc.) CONTRACT REVIET Changes Da -e In Needed I Division Director YesF NoM---- Risk Management V!51 1` YesL_] NoU P.JI�- O.M.B./Furehasing Yes[:]N.� ---------- County Attorney YesL] NoFXI Comments: Date Out 4 Boca Ciea Road Restoration Section 00500 Standard Form of Agreement Between Owner and Contractor Where the basis ofpayment is a STIPULATED SUM AGREEMENT Made as of the 19th day of January in the year of Two Thousand and Eleven. BETWEEN the Owner: Monroe County Board of County Commissioners " BOCC" I 100 Simonton Street Key West, Florida 33040 ownee' Arad the Contractor: Grader Mike LLC 2 Bay Drive Key West, FL 33040 ("Contractor"') For the following Project: Boca Chica Road Restoration Boca CIa Key Monroe County, Florida ("Project") Oversight forOwner: Monroe County Engineering Department I 100 Simonton Street Second Floor — Room 2--216 Key West, Florida 33040 Drawings and Specification Provided by: nnbi k2in Ric .ard J. Milelli, hie. 1001 Whitehead Street, Unit 101 Key West, Florida 33040 The Owner and Contractor agree as set forth below. 2IM010 STA DA DF RI ofAGoVVNAI D C NTF ACIFoR oo oo-1 M Boca Chica Road Restoration ARTICLE I 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 lid, 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 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Docuinents to be the responsibility ofothers, or a o llo vas : Scope ofWorl is as specified in the Project Manual for this project, Section 00300 and shown on the construction drawings. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Boca ChicChica Road Restoration Project. ATTY , 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 fu-st 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 i established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than five days before conn-nencing the Work. The date of commencement shall be the date sp cif ed in the Notice to Proceed issued to the Contractor. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than Sixty Days after; the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. -------- =010 STANDARD FORM OF AGREBENT BETWEEN OWNERAND CONTRACTOR 00-- Boca CXca Road Restoration LIQUIDATED DAMAGES Liquidated damages will be based on the Substantial Completion rate for all work, modified by all approved extension time as set i-th by the owner's signature of approval on the Certificate of Substantial Completion. The liquidate damage's tale below shall be utilized. to determffie the amount of liquidated damages. FIRST SECOND 31 ' rAY CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under 50,000. 0 50.00/DAY $1 o. oo/DAY 2 o. o/DAY 4 50)00o• 4J L � r 1 .00/DAY .r Vi 4J Vr Y 0F 4J Y 1 . -4 , r 2s AY . 0/D Y +, r AY $500,000.0 and Up 50 . 0 AY 1,000.00 AY 3�500.00/DAY The Contractor's reeo ei of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Balance of Page late do aRy Left Blank 2Q2M10 STANDARD FORMFOWNER AND CONTRACTOR 00500- 3 Boca ChIca Road Restoration ARTICLE Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for Boca Chi c Road Restoration Project the Contract Sum o f TWO HUNDRED FIFTY FIVE THOUSAND EIGHT HUNDRED AND THIRTY DOLLARS, ($255,830.00), subject to additions and deductions as provided in the Contract Documents, 4.2 The Contract Sung 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 Progress Payments .1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment, the owner shall male progress payments on account of the Contract Sum to the contractor as provided below and elsewhere the Contract Documents. .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. .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 Sung among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the owner may require. This schedule, unless objected to by the owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the ainount of each progress payment shall be computed as follows: 5.6.1 Fake that portion of the Contract Suin properly allocable to completed Work as detenuined by multiplying the percentage completion of each portion of the Work by the share f the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent 10 . Pending final determination of cost to the owner of changes in the Work, , amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the owner for a deletion or change which results in a not decrease in the Contract Sum shall be actual net cost as confirmed by the owner. When both additions and credits covering related Work or substitutions are involved in a change the Boca Chita Road Restoration allowance for overhead and profit shall be figured on the basis of net mncrese, if any, with respect to that change. 5. .2 Add that portion of the Contract Sung properly alto cable to materials and equipment delivered and suitably stored at the site for subsequent incorpor ation. In the completed construction or, if approved in advance by the owner, suitably stored off the site at a location agreed upon in writ ing , less retain ge of Ten percent 10%): 5.6.3 Subtract the aggregate of previous payments made by the owner; and 5.6.4 Subtract amounts, if any, for which the owner has withheld or nullified a Certificate for Payment as provided in paragraph 9.5 of the General conditions. 5.7 The progress pa inert ainount letern ned 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 sung sufficient to increase the total payments to Ninety percent 0% of the Contract Sum, less such amounts as the owner recommends and detennines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed though 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 ofreta.inage, if any, shall he as follows: Done ARTICLE Final Payment Final payment, constituting the entire unpaid balance of the Contract Suin, 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 nonconform g 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 as amended or supplemented y other provisions of the Contract Documents. 7.2 Payments clue and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735 =010 S'ANDAM FORM OF AGREEMENT BETWEEN OWNER AND CONTRACIFOR o 500- 5 Boca Chica Road Restoration 7.3 Temporary facilities and services: None. 7.4 Monroe Counter's performance and obligation to pad' under this contract is contingent upon are 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 termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from Counter's compeffi e pro curement activities. In addition to the foregoing, Contractor farther represents that there has been no determination, based on an audit, that it or any subcontractor has conunitted an act de rued 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 o money involved or whether Contractor; has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor 1s 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 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 perfonn 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 flueshold 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 boobs, 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 authoriLzed representatives, or the Federal Emergency Management Agency or its designee, shall have reasonable and timely r access to such records of each other party to this Agreement for public records purposes during the to ar of the Agreement and for four gears following the termffiation 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 autbon* ed by this Agreement, the Contractor shall repair the monies together with interest calculated pursuant to Sec. .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 admen* istrati e px o ceeding is instituted for; the enforcement or interpretation of this Agreement, the Counter and Contractor agree that venue =010 STANDARD FORM OF AGREEMENT BErWEEN OWNERAND C NTR. TOR 00500- Boca Chica Road Restoration shall lie in the appropriate court or before the appropriate adi=* Istrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. c Severa ility: If any term, covenant, condition or provision of this Agreement (or the application. thereofto any circumstance or person) all be declared M*valid or unenforceable to any extent by a court of competent jurisdiction, the remaining terns, 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 reinaffi ng tea rs, covenants, conditions and provisions of this Agreement would prevent the accomplislunent. 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 cores as close as possible to the intent of the stricken provision. d A. orn y'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 ply, and shall include attorneys fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure cedure and usual and customary procedures required by the circuit court of Monroe County. e Binding Effect; The terns, 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. 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, seep, and obtain federal and state funds to farther the purpose of thisAgreement; 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 ply, effective the date ofthe court order. County or; Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimffiation. These include but are not limited to: 1 Title VI of the Civil Rights Act of 19 pL - 2 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 1 -1 , which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 197, as amended 20 USC s. 79, which prohibits discrimination on the basis of handicaps; The .Age I iscrimffiation Act of 1975, as amended (42 USC ss. 101- 10 which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 L 2--2 , as amended, relatirrg to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, ROMA Nm a : V Boca Chica Road Restoration Treatment and Rehabilitation Act of 197 91- 16 , 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 29 ee- , as amended, relating to confidentiality of alcohol and drug abuse patent records; 8 Title VIII of the Civil Rights Act of 1968 2 USC s. et sect.), as amended, relating to nondiscrimination in the sale, rental or fmaneing of housing; 9 The Americans with Disabilities Act of 199 2 USC s. 1201 Note), as maymayb e amended from tine to time,, relating to nondis rina7nati n on the basis of disability; 10) Monroe County Code Chapter 13, Article Vl, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 1 I Any other nondiscr immnati n provisions in any Federal or state statutes which may apply ' to the panes to, or the subject natter of, this Agreement. 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 xn 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 xn Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse ofpublic position, conflicting employment or contractual relationship; and disclosure or use of certain information. k) No Sold a ion a ment: The County and Contractor waiTant 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, gin, 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 fall amount of such fee, commission, percentage, gift, or consideration. l Public Access: The County and Contractor shall alloy 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 o f 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. in 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 col rercial 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 2 0Io STANDARD FORM SAND C NTRACr00- Boca Chica Roach Restoration any public agents or employees oft e County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the sane 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 partieipatmg 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: ies: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or; entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor~ agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or; entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior- to the community in general or for the purposes contemplated in this Agreement. q) Attestations: Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace place 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 in trument and any of the parties hereto may execute this Agreement by signing any such co unt erp art. t Section Headings; Section headings have been inserted in this Agreement as a utter 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 0 1000 ofthe Project Manual for this Project. v) Hold Harmless: The Contractor} covenants and agrees to indemnify and hold harmless Monroe County Board ofCounty Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of Its =010 STANDARD FORM OF AGREEMENT BETWEEN OPERAND COFACTOR 000 - Boca Chica Road Restoration Subcontractor(s) Mn any tier-, occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the Counter from any and all increased expenses resulting from such delay. The first tern dollars $10. oo of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is xn 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. Ifno 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 Corrnnissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the aright to seen such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph X concerning cancellation. x) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days 'written notification to the Contractor. y) Cooperation; In the event any administrative or legal proceeding is instituted against either; party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, m all proceedings, hearings, processes, meetings, and other activities related to the substance o this Agreement or provision of the services under this Agreement. Counter and Contractor specifically agree that no party to this Agreement shall he required ed to enter into any arbitration proceedings related to this Agreement. 7.7 Ownership of the projectDocuments: The documents prepared by the Contractor for this Project belong to the Counter and may be reproduced and copied without acl iowledgement 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 b 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 edia.tely 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. Boca ChicRoad Restoration 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 Davis -Bacon Act -In accordance with the Davis -Bacon Act, the CONTRACTOR or their subcontractors shall pay workers employed directly upon. the site of the work no less than the locally prevailing wages and fi-M'ge benefits paid on projects of a similar character. The current prevailing wage rates can be found at.- www.access.gpo.g.ov/davisbacon/fl.html under Monroe County. 7.11 Americans with Disabilities Act of 1990 (A ) -The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 7.12 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defnied ill 49 C.F.R. Part 261, as amended) shall have the opportunity to participate in the performance of contracts financed H'i whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate H'_1 the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national orighi or sex in the award and perfon-nance of contracts, entered pursuant to this Agreement. 7.13 Convict Labor - The convict labor prohibition in 23 U.S.C. 114 applies to Federal Aid projects. Convict labor cannot be used in Federal Aid construction projects. 7.14 FHWA Form 1273 is attached hereto as Attachrnent A and made a part of this Agreement. 7.15 The requirements of 23 CFI Part 635.410 Buy America Requirements are attached hereto as Attachment B and made a part of this Agreement. 7.16 Contractor will adhere to provisions of Executive Order 11246 entitled "Equal Employment Opp o ft unity" as amended by Executive order 113 75 and as supplemented ill D ep art ment of Labor regulations. 7.17 Contractor will comply with the Copeland "Anti -Kickback" Act (118 USC 874) as supplemented by the Department of Labor regulations. 7.18 Contractor will comply with Sections 103 and 10,7 of the Contract Work Hours and Safety Standards Act as supplemented by the Department of Labor regulations. 7.19 Contractor will adhere with provisions of the Clean Air Act, Clean Water Act, Executive Order 1173 8 and applicable regulations of the Environmental Protection Agency. 7.20 Contractor will adhere to the provision of Executive Order 12549 entitled "Debarment and Suspension". =010 STANDARD FORM OF AGREEME\TT BErWEEN OWNER AND COW ACT 00500-11 Boca Chica Road Restoration Termination or Suspension .1 The Contract may r be termm' aced by the Owner or the Contractor as provided in Article 1 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. rtielp Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: See Article I .1.1 The Agreement is this executed Standard Form ofAgreement 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 . March 2 010., and are as follows: As listed in Table of Contents,, Section 00001 ofthe project Manual for this project. 9.1.4 The Specifications are those contained in the project Manual dated as in Subparagraph .1. 3, and are as follows: As listed in Table of Contents, Section 00001 of the Project Maa-ival for this project. 9.1.5 The Drawings are as follows, and are elated on each individual drawing unless a different elate is shown below: As listed in. Table of Contents, Section 00001 of the Project Manual for this project. Contract Drawings. 9.1. 6 The Addenda, if any, are as follows: Addenda # 1 issued April 12, 2 010 Addenda #2 issued April 13, 2010 Addenda #3 issued April 21, 201 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 Adele I. =010 STANDARD FORM OFA N AND CONTRACTOR 00500- Boca Chica Road Restoration IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above M' four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) Attest: DANNY L. KOLHAGE, Clerk am Deputy Clerk Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA a (SEAL) Attest: By: By: Title- Title: ANN M. R MER Nowy ftft - $W* of raw MY COMWMW Exphu JW 2is 2moi C DD 787762 Bonded N*"NotKyl Mayor CONTRACTOR END OF SECTION 00500 llol'oONROE COUNTY AT01 A P P� 1:10 V U77 D A S "IF 0 F 0 R to: Vh P p d-1 F1 18141 A I Ki 6 E R, T- V, A R R G 'N S I ri I nyn E 1�"i. ASSISTANT COUNT' ATTORNTI-Y Date q p�p:iiiii n" liq imp R01 M,11111 L 1' 3 a ATTACHMENT A Required Contract Provisions Federal -Aid Construction Contracts FHWA-1273 Electronic Version —March 14, 1994 1. General IT. Nondiscrimination II. Nonsegregated Facilities IV. Payment of Predetermined Minimum Wage V. Statements and Payrolls VT. record of Materials, Supplies, and Labor V11. Subletting or Assigning the Contract VI1 . 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 X. Certification Regarding Use of Contract Funds for Lobbying Attachments 1 2 6 7 1 1 14 15 1 17 21 A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) 2 1. 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. . 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 l# paragraph ; Section IV, paragraphs 1 � 21 3, 4, and ; Section V, paragraphs I and 2a through 2g. I . Disputes arising out of the labor standards provisions of Section IV (except paragraph 6 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 59 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 contacts and to all related subcontracts of $10,000 or more.) 1. 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, 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 Speciflcatlons set forth under 41 C F R 6 0-4.3 and the provisions of the American Disabilities Act of 1990 2 U.S.C. 12101 et , . set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency SH and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will adept 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, sec, 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, preapprenticeshipt and/or on-the-job training." 2 2. E Eo officer. The contractor will designate and rake hown to the SHA Contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. . Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, prornote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum - a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every sic 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 contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed In areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. . Recruitment: when advertising for employees, the contractor will include in all advertisements for employees the notation: "n 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 throutgh public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The Doi. has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the sane# such implementation violates Executive ord er 11246 , as amended. C. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. . Personnel Actions: Wages, es, 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, All atternpt 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. . Training and promotion: a. The contractor will assist in locating, qualifying, and increasing the shills 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 Mate regulations, the contractor shall make furl 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 provis!on 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 d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such gaining 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 d irectly 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 shills of minority group employees and women so that they may qualify for higher paging 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 e cept 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; mating full efforts to obtain qualified and/or qualiflable minority group persons and women. (The DL 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, colon religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. C. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. . Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three wars 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 FH1A. 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; . The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for ,minorities and ,omen; . The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and . The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with ,meaningful minority and ferule representation among their employees. b. The contractors gill 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. Ili. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or ,Wore. a. By submission of this bid, the a ecution of this contract or subcontract, or the consuimmation 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 ,'Iran 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 sec or disability. b. As used in this certification, the term "segregated facilities" ,Weans any waiting rooms, work areas, restroorns and washrooms, restaurants and other eating areas, timeclo ks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, R 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 supper agreements of $10 t oo or more and that it will retain such certifications in its fifes, I. PAYMENT of PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the word 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 CF issued by the Secretary of Labor under the Copeland Act o U.S.C. c ] 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 Ill and the DOL poster WH -1 21 or Form 1= ILI A-14 shall be posted at all tires 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 I l of the Davis -bacon Act o J.S.C. a 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 ever the particular weedy period, are deemed to be constructively made or incurred during such weedy 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 Ill. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll record 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; . the proposed wage rate, including any bona tide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and . 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 DI..., Administrator of the Wage and -four 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 0-day period that additional time is necessary. d. 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 Dour 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 0-day period that additional time is necessary. . The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph c 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. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonable 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. . Apprentices and Trainees (Programs of the J.S. DOL) and Helpers: a. Apprentices: 1 . Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the COL, 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. . 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 gage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable gage 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 specified in the contractor's or subcontractor's registered program shall be observed. . 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. . In the agent 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: I . 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 D i✓, Employment and Training Administration. . 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 gage determination for the work actually performed. . 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. . In the event the ErnpIoyment and Training Ad rn inistration withdraws approvaI 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 of this Section IV. The straight time hourly gage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. . Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the D L 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. . 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 rewire 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. I . violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such 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 Iiquidated 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 sat forth in paragraph 7. g. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DL 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 flours and Safety Standards Act, which is held by the same prune 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 The contractor shall comply with the Copeland regulations of the Secretary of Labor which are herein incorporated by reference. . 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 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 bE of the Davis Bacon Act); daily and weekly number of hours corked; 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 12 labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section Ill, 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 b1 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 gages 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 1 . 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 029-00 -001 --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 pegs 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; . 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 gages 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 ; . 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 1 . 13 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 rake 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 D L, and shall permit such representatives to inter ie r 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 FH1lA, the DL, 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 `;cords available may be grounds for debarment action pursuant to 29 CFR 5.12. r. 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 1,099#00 3 CFR 635)the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FH1I' A-4 , "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 FHI AR4 , and in the units shown on Form FH 1lA-4 . c. furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with 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. . 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. Vri. 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 work required to be performed by the contractor's own organization 3 CFI . 14 a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented b the prune contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prune 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 bird on the contract as a whole and in general are to be limited to minor components of the overall contract. . The contract amount upon which the requirements set forth in paragraph 'I of Section V I I is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions, . The contractor shall furnish a a competent superintendent or supervisor who is employed by the firm, has fuII authority to d 1rect 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 ether 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. . 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 provisions and requirements of the prime contract. III. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation CF1 . 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 b 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. . It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his1her health or safety, as determined under construction safety and health standards 29 CFR 1 promulgated by the Secretary of Labor, in accordance with Section 10of the Contract work Fours and Safety Standards Act o U.S.C. . . Pursuant to 29 CFR 192 . , it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the ratter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work lours and Safety Standards Act o U.S.C. . 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 laver. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project CF 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 ma enal 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 Secre taryof Transpor a ion or Whoever 1(nowingly 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 f mfished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; ion 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 loads Act approved July I., 1 1 $ Sfat. , as amended and supplemented, Shall be fined not more that $10, 000 or imprisoned not more than 5 years or both. It 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 a empt under the Clean Air Act, as arnended 42 U.S.C. 18 5 7 et s.. -a as amended by Pub.L. 91-604 , and under the Federal Water Pollution Control Act, as amended U.S.C. 1251 et sea.. as amended by Pub.L. -, Executive Order 11738, and regulations in implementation thereof (40 CFR 1 is not listed, on the date of contract award, on the J.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 the Clean Air Act and Section 30of the Federal hater Pollution Control Act and all regulations and guidelines listed thereunder. That the firm shall prornptly notify the S HA of the receipt of any communication frorn the Director, Office of Federal Activities, EPA, indicating that a facility that is or wiII 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 tape such action as the government may direct as a means of enforcing such requirements. X1. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1, Instructions for Certiffication - Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 2 a, By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. . 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 eater into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 17 C. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible, "louver tier covered transaction," "participant," "person," "primary covered transaction," 11principal," "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 19. 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 eater into any tower 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 Transactions" 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 louver 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 nonprocurernent 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 rledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and voluntary Exclusion- -Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency, b. Have not within a -year period preceding this proposal been convicted of or had a civil judgement rendered against there 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, Mate or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and d. Have not within a -year period preceding this application/proposal had one or more public transactions (Federal, Mate or local) terminated for cause or default. . Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach are explanation to this proposal. . Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFF g a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. 19 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 irnrnediate 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 terns "covered transaction," "debarred,„ (,suspended," "ineligible," "primary covered transaction,11 11participant,11 11person," "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 these regulations. e. The prospective Iowe r tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not Knowingly eater into any tower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily ecluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, ent, Suspension, Ineligibility and Vol untary Exclusion -Lower Tier Covered Transaction," without ,modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the lonprocurernnt 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. PAZ 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. XIl. CERTIFICATION REGARDING G USE of CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that. a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for 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, all ember of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LL_.L.., Tisclosure Form to Deport Lobbying," in accordance with its instructions. 21 . 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. . The prospective participant also agrees by submitting his or her hid or proposal that he or she shall require that the language of this certification b e included ire all Iowe r tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 22 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) A of 2009 requires that each contract awarded using ARRA A funds must include a provision that provides the U.S. Comptroller General and his representatives with the authority to: " 1 to a amine 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 to interview any officer or employee of the contractor or any of its subcontractors, or of any Mate or local government agency administering the contract, regarding such transactions. F1 The Contractor shall include the following provision in all contracts, subcontracts, and other contracts for services for an ARRA funded project: itAccordingly, 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 AR A. Section 90 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 1 a of the AA 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 1 1 b further provides that nothing in this section shall be Interpreted to Bruit or restrict in any war any existing authority of an inspector general.J, Under Section II, Paragraph 8b is revised as follows: The reference to 49 CFR 23 is revised to read 49 CFR 26. Under Section [lt 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 USD T- 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 Form FHWA 1273 Devised March 26, 2009 Under Section 11, in accordance with standard specification 1--0 .1 1 and applicable RCWs a new paragraph 8d is added as follows: The contractor or subcontractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract and/or agreement no later than ten 11o days from the receipt of each payment the prinne contractor receives from WSD OT or its sub -recipients. The prime contractor agrees further to return retainage payments to each subcontractor with in ton 1 o days after the subcontractor's wo rk is satisfactorily corn pleted. 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 A 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.) ay. Under Section III, Paragraph 2b is deleted. Under Section IV, Paragraph 4, 'rand helpers" is deleted from the title. Under Section IV, Paragraph a , 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 Ill, Paragraph 4c is deleted, Under Section IV, Paragraph 6 is revised by deleting "helpers` and "helper". Under Section IV, Paragraph 7 is reprised by deleting "helpers". Under Section V, the applicability statement is supplemented with the following - (Applicable to all ARIA 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.) [finder Section V, Paragraph 2a is reprised by deleting "helpers". Amendment to Fora l* HWA 1273 Revised March 26, 2009 2 Under Section V, Paragraph 2b, the first sentence is reprised to read: "The payroll records shall contain the name and are 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 enrages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1 b B of the Davis Bacon Act); daily and weekly nurnber of hours worked; deductions made; and actual wages paid. Payrolls shall not include the full social security number and borne address of covered workers. Contractors and subcontractors shall maintain the full social security number and home address of each covered worker and shell provide therm to the SHA upon request." Under Section V, Paragraph d is revised by deleting "helper". Section ill, records of Material, Supplies, And Labor, is deleted Amendment to Form FH A 1273 Revised March 26, 2009 ATTACHMENT B 23 CFR 635A10 - Buy America requirements. TITLE 23 - HIGHWAYS CHAPTER I - FEDERAL HIGHWAY ADMINISTRATION: DEPARTMENT IENT F TRANSPORTATION TATION SUBCHAPTER G - ENGINEERING AND TRAFFIC OPERATIONS PART 635 - CONSTRUCTION AND MAINTENANCE subpart d - GENERAL MATERIAL REQUIREMENTS EMENTS 635.410 - Buy America requirements. (a)The provisions of this section shall prevail and be given precedence over any requirement of this subpart which are contrary to this section. However, nothing in this section shell be construed to be contrary to the requirements of 3 .4 09 of this subpart. (b) No Federal -arid highway construction project is to be authorized for advertisement or otherwise authorized to proceed unless at least one of the following requirements is met: 1 The project either: i includes no permanently incorporated steel or iron materials, or ii if steel or iron materials are to be used: all manufacturing processes, including application of coating, for these materials must occur in the United States. Coating includes all processes which protect or enhance the value of the material to which the coating is applied. (2) The State has standard contract provisions that require the use of domestic materials and products, including steel and iron materials, to the same or greater extent as the provisions set forth in this section. (3) The State elects to include alternate bid provisions for foreign and domestic steel and iron materials which comply with the following requirements. Any procedure for obtaining alternate bids based on furnishing foreign steel and iron materials which is acceptable to the Division Administrator may be used. The contract provisions must i require all bidders to submit a bid based on furnishing domestic steel and iron materials, and ti clearly state that the contract will be awarded to the bidder who submits the lowest total bid barred on furnishing domestic steel and iron materials unless such total bid exceeds the lowest total bid based on furnishing foreign steel and iron materials by more than 25 percent. (4) When steel and iron materials are used in a project, the requirements of this section do not prevent a minimal use of foreign steel and iron materials, if the cost of such :materials used does not exceed one -tenth of one percent .1 percent) of the total contract cost or $2,500, whichever is greater. For purposes of this paragraph, the cost is that shown to be the value of the steel and iron products as they are delivered to the project. (c)(1) A State may request a waiver of the provisions of this section if; i The application of those provisions wul be inconsistent with the public interest; or ii Steel and iron materials/products are not produced in the United States in sufficient and reasonably available quantities which are of a satisfactory quality. (2) A request for waiver, accompanied by supporting information, rust be submitted in writing to the Regional Federal Highway Administrator 1 FHWA through the FH A Division Administrator. A request must be submitted sufficiently in advance of the need for the waiver in order to allow time for proper review and action on the request. The I FHWA will have approval authority on the request. (3) Requests for waivers may be made for specific projects: or for certain :materials or products In specific geographic areas, or for combinations of both, depending on the circumstances. (4) The denial of the request by the F FHWA may be appealed by the State to the Federal Highway Administrator (Administrator), whose action on the request shall be considered administratively final. (5) A request for a waiver which involves nationwide public interest or availability issues or more than one FHV A region may be submitted by the I FHWA to the Administrator for action. (6) A request for waiver and an appeal from a denial of a request must include facts and justification to support the granting of the waiver. The FH A response to a request or appeal will be in writing and :made available to the public upon request. Any request for a nationwide waiver and FHWA's action on such a request may be published in the Federal Register for public comment. (7) In determining whether the waivers described in paragraph 1) of this section will be granted, the FHWA will consider all appropriate factors including, but not limited to, cost, administrative burden: and delay that would be imposed if the provision were not waived. (d) Standard State and Federal -aid contract procedures may be used to assure compliance with the requirements f this section. [48 Fly 53104, Nov. 25, 1983, as amended at 49 FR 18821, May 3, 19 4; 58 Fly 38975, July 21, 1993] Editorial Dote: For a waiver document affecting 635.410, see 60 FR 15478, Mar. 24, 1995. ... . JOHwSOw /msAGCY ' 89015MRSam*wn TAVsRNIEmas3 07 �^~~~~°~' Policy number: 082121$4-5 � umenmmenk: \� o Progressive Expmssm,Cum pany om��mz�ano 1 �z '~' r _ Certificate of Insurance 0mmi"nim"r .~__�wn* _.~_______,,.__, �_____,,,,,,,_. MIKE ANSON MoNnOE C00wTYWoCC GRADE MxKE'uz 890 1yOVERSEAS xwv - 1100S)MON7OmxN2)6 2 BAY DRIVE TmanmIEn FL3ano KEY WEST, fta3n4n KEY WEST, FLs3u4 Th is'document cerA es that insurance policies 1de ntified belGw ha ve been issued by the designated insurer to the |nsvcdname �above for indicated. This Certificate isissued for information purposes only. bconfers no _ dght5 upon the uurdficate holder and does not change, alter, modil�, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the tennm exdu Ions, }imitadoos' endm^emems, and cnndkonsofthese policies, .-....... ........... .....-....._. . -.....'......'-..-...--..-......-..-.--..- -....'-~.-...__.".........^.....-.. wdo� ���� om�� �mo xa' z0�o pdi� �pm�wn om� Aug 2� 2011 '' Insumn� ����@ um�o Combin ����. 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Polity number. 08 1 i 4.s Page 2 of 2 Certificate number 5 1 OA0 1 4 Please be advised that additional Insureds and loss payees w1U be n ffl d In the event of a l -term cancellation, ACORD-rm CERTIFICATE LIABILITY INSURANCE NNUDWYYYY ATE / / 1 ) PRODUCER Affiliated Agency Cps 18 South River Street THIS CERTIFICATE IS ISSUED AS A► MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ilke - arrr-e, PA 18702 Tel. 00) 87 -24 Fax: 70) 820-7968 INSURERS AFFORDING COVERAGE E NA.IC INSURED Employee Leasing Solutions, Inc. Phone; 41) f 4 - INSURER A. EastGUARD Insurance Company 14702 INSURER B: 1401 Manatee Ave W. Suite 600 Bradenton, FL 34205�NSUREI INSURER C: D. WSURER E. rnVPPAnFq THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MANY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERMN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED ED BY PAID CLAIMS. INSR LTR ADD'L INSRIDTYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMfDDIYY POLICY EXPIRATION DATE MM1DD YY LIMIT'S GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED PREMfSES Ea occurence COMMERCIAL GENERAL LIABILITY CLAIMS MADE [:] OCCUR MED EXP Arlo one arson PERSONAL & AOV INJURY GENERAL AGGREGATE PR T -COMP/OP AGG GEN'L AGGREGATE LIMIT APPLIES PER: PRO- POLICY [:],SECT LC�C AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per acbdent) HIRED ALTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) GARAGE LIABILITY I ALTO ONLY - EA ACCIDENT OTHER THAN EA ACC ANY AUTO A '(� AUTO ONLY: AGO EXCESSIUMBRELLrILITY EACH OCCURRENCE S AGGREGATE OCCUR CLAIMS MADE DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS* LIABILITY _ WC ST ATU- OTHA X TORY LIMITS EIS E.L. EACH ACCIDENT 1. C0,00 A ANY PRO P R I E TO RJPARTN E RfF-X ECUTI'VE OFFICERMEMBER EXCLUDED? , ,f � f 01/2011 E.L. DISEASE - EA EMPLOYEE S 9,000,00G If yes, describe under SPECIAL PROVISIONS below E.L_ DISEASE - POLICY LIMIT $1,000,000 OTHER Client ID: #4102002 Valid in the State of Florida DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL. PROVISIONS COVERAGE APPLIES 0I4LY TO THOSE EMPLOYEES LEASED TO BUT NOT' SUBCONTRACTORS OF: EastGUARD Insurance Company Grader Mike LLC carries ieS an A.M. Best Qualifiers lifier Name: Travis L Livengood Rating f A- (Excellent) and a 'financial size Financial Strength Apr active employee court: C 7___Dw Category of Vi Er ll A- Excellent CERTIFICATE HOLDER. Monroe County Board of County Commissioner 1100 Simonton Street Key let, FI 33040 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 0 BAYS 'WRITTEN NOTICE TO THE +CERTIFICATE. HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SCE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPR'ESENTA DATE (M PA M D,YYY Y) CERTIFICATE OF LIABILITY IIIS URAN CE 1 212112C 10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REFRESENT ATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). ON PRODUCER Han ull & Compare Inc. N CAREACT -. 600 Ca(illon Parkway, Suite 150 PHONE � F Al. I&C. Q_�52-924T___ Na: )852-2734 rr-MAIL St, Petersburg FL 33716 Scherryffi AIDURIESS. _phnsonsinsure,corn PRODUCER. 86406 C -"Ili NAIC N INSUREc' Grader Mike LLC rINISSUTREER A Evanston Insurance Company 35378 2 Bay Dr INSURER 13: INSURER C Key West FL 33040 VS-URER E) : INSURF-A E : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMSER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE JNSLJRFD NAMED ABOVE FGR THE POLICY PERIOD INDICATED. NOTWITHSTAND,ING ANY REQUIREMENT: TERM OR CONDMION OF ANY CONTRACT OR GTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAO CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUIRRI WVD POLICY NUMBER POLI��V-ffft-- (MMIDDAYW) —POLicy r:xp (PAMIDDlYYYYL LWITS OENERAL LIABILITY EACH OCCURRENCE 1 �000'000 COM M ERC I A L E N E RA L LI G ABI LITY —7 GLAIMS-MADE L OCCUR DA MAG E TO RENTED PREMISES (Ea o Dcurue nge) 50,000 V E 1) E X P (Any on pjrson $ 17000 P= RSONAL & AE)V INJURY 11000,000 A x CLO90202493 08123110 08/23/11 J 2,000,000 GENERAL AGGREGATE GENI AGGREGATE LIMIT APPLIES PER: PRO- FOLICY F7 JPCT Ll LOC PRODUCTS - COMMOP AGO 10000,000 AUTOMOBILE LIABIL17Y COW, BI NED SINGLE LIMIT (Ea accideni) ANY AUTO BODILY INJURY (Per person) ALL OWN E D A UT08 BODILY INJURY (Per aoddent) S SCHEDULEDAUT06 PROPERTY OAMAGE HIRED AUTOS (Per accident) NON-OVVN2DAJTOS UMBRELLA LIAS OCCUR v EACH OCCURRENCE AGGREGATE EXCESS LIAR E DEDUCTIBLE x $ RETENTION S WORKERS COMPENSATION V%C STATU OTH- -J AND EMPLOYER S'LIABILITY YIN ANY PROPRIETORTARTNERIEXECUI IVE OF510ER' WEMBER EXCLUDED? LJ N!A TORY- I-twao� ER E. L- EACH ACCI 1) E NT $ E. L. BIB r= - EA E M P LOYE E (Mandatory In NH) te If as, desonLinder E L. DISEASE - POLICY LIMIT S 12-SCRIPT ON OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICLES (Attach ACORD 10i, Additional Remarks Schedule, if morn Space is required) CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY or THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn- Clark Briggs THE EXPIRATION DATE THEREOF, NOTICE WJLL BE DELIVERED IN 1100 simontom St, Rrn, #216 ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 Is named as Add itlonal Insured. ALIT DRIZED REPRESENTA711VE Surplus Lines Agent 9A305417 0 1988-2009 ACO RD CORPO RATI ON. A It rights reserved. ACD 25 (2009/09) The ACORD name and logo are registered marks of ACORD