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Item C48tl BOARD OF COUNTY COMMISSIONERS P,,2(d �AGENDA ITEM SUMMARY Meeting Date: July.15, 2015 Department: Engineering Services Bulk Item: Yes X No Staff Contact Person/Phone #: Judy Clarke X4329 AGENDA ITEM WORDING: Approval of Change Order #1 to the contract with Coastal Gunite Construction Company for the No Name Key Bridge Repair Project to increase the contract amount by $691,345 for increased scope of work. ITEM BACKGROUND: As a result of increased concrete spalling conditions on the No Name Key Bridge Repairs Project, Coastal'Gunite Construction Company is unable to make required spall repairs within the original Contract Plans quantity. The increase in deteriorated conditions also increased the Cathodic Protection Integral Pile Jacket quantities. The revised spall quantities and pile jacket quantities were agreed upon by Monroe County's Construction Engineering and Inspection (CEO consultant for this project. The cost was calculated using the -contract unit price for spall repair and pile jacket installation. This change order reflects the revised quantities and is 23.06% of the original , contract price. The contract sum increase'for this Change Order is to be paid for by the approved Local Agency -Program. (LAP) agreement with FDOT funding. PREVIOUS RELEVANT BOCC ACTION: October 16, 2013- Approval of a Local Agency Program (LAP) agreement with FDOT to provide funding for the construction and CEI phases for the No Name Key Bridge. August 20, 2014 -Approval of construction contract with Coastal Gunite Construction Company. CONTRACT/AGREEMENT CHANGES: Revise Contract Sum to include an increase of $691,345 for a total of $3,689,021. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST:- $3,689,021 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: not applicable COST TO COUNTY: $188,506 SOURCE OF FUNDS: FDOT Grant REVENUE PRODUCING: Ye(�s No X AMOUNT PER MONTH Year APPROVED BY: County Aay `I OMB/Purchasin&Risk ManagemefiLL6 DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # L r W Revised 7109 0 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Coastal Gunite Construction Company I Contract Purpose/Description: . - Contract # Effective Date: Aug 20, 2014 Expiration Dater Jan 15,2016 Change Order #1 to increase contract amount by $691,345.00 for additional spall repairs and additional Pile Jacket quantities. The Contract Time is increased by 90 days for this work. Contract Manager: Judy Clarke 4329 Engineering/#1 (Name) (Ext.) (Department/Stop #) for B.00C meeting on 7/15/15 Agenda Deadline: 6/30115 CONTRACT COSTS Total Dollar Value of Contract: $ 3,689,021 Current Year Portion: $ 3,000,000. Budgeted? Yes X No Account Codes: 10 a - as 5 4 y _ _ Grant: S 3,500,515 - - - - County Match: $ 188,506 - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: ot.included in dollar value above) e . maintenance, utilities, 'anitorial, salaries, etc.), CONTRACT REVIEW Changes Date Out Date In Nee Department Head Yes[] NoU Risk Management Yes[] Nog GI - 15 O.M.B./Purchasing —45Y.Ei NoEl. �)1AIA.4 Q q- b) 16 County Attorney 4C, � Yes[] Nog] �. rt�.�, l� Q� � - - 1cl I Comments: FMB Form Revised 2/27/01 MCP #2 MONROE COUNTY ENGINEERING CONTRACT CHANGE ORDER PROJECT TITLE: No Name Key Bridge Repair Project CHANGE ORDER NO: 1 INITIATION DATE: 7/8/15 TO CONTRACTOR: CONTRACT DATE: 8/2012014 The Contract is changed as follows The original Contract Sum. - ..... $2,997,676.00 Net change by previously authorized Change Orders. ....... . . $0 The Contract Sum prior to this Change Order was- ..$2,997,676 00 The Contract Sum will be changed by this Change Order ..................... $691,345.00 The new Contract Sum including this Change Order is .$3,689,021.00 The Contract Time will be increased by .................. ........90 Days The date of Substantial Completion as of the date of this Change Order is ............. 1/15/14 Detailed description of Change Order - As a result of a 450% increase in spalling conditions not identified in the contract, the Contract Value has increased $557,424,00. Contract Value for spall repair $1,204,776.00 Projected Value for spall repair $1,762,200.00 ' Projected Overrun $557,424.00 As a result of a 32% increase in Cathodic Protection Integral Pile Jacket quantities, the Contract Value has increased $133,921 00 Contract Value for Pile Jackets $417,413.00 Projected Project Values $551,334.00 Projected Overrun $133,921.00 Additional 90 days added to the contract time to perform associated work = $0 Net Amount of this Change Order = $691,345.00 This Change Order is 23.06'G, of the original contract price. CONTRACTOR Coastal Gunite ConslActton ENGINEERING SERVICES DIRECTOR: Judith S Clarke, P. FM Date COUNTY ADMINISTRATOR.` Date COASTAL GUNITE CONSTRUCTION COMPANY Mr. Keith Duke Parsons Brinkerhoff 48 Jean Lafitte Drive Key Largo, FL 33037 DATE: PROJECT: FINPROJ NO.: FDOT CONTRACT NO.: F.A.P NO.: COUNTY: RE: Dear Mr. Duke, July 2, 2015 , No Name Key Bridge Repair 430121-1-5801 & 430121-2-5901 OOB3-171-B Monroe Contract Overruns Coastal Gunite Construction Company has been performing repairs on the subject project in accordance with plans and specifications. Based on field conditions and experiences to -date, the quantity of repairs is forecast to exceed the contract quantities and we request a change order to authorize the contract overruns. Item No. 401-70-3: Restored Spalled Areas, Latex Modified Mortar -Acrylic To -date, the placed quantities for the spall repair line item exceed the contract quantity by 10'/0. We are approximately 90% complete with the top -deck repairs and have made modest progress on the substructure repairs. It is noted that the contract identified very Iittle substructure repairs and we have observed significantly more deterioration requiring repair. The contract included approximately 275 CF of substructure work, and we project 1275 CF (a 450% increase). Item No. 401-70-3 Quantity Amount Contract Values 3,346.6 $1204,776.00 Projected Project Values 4,895.0 $1762,200.00 Projected Overrun 1,548.4 $557,424.00 HOME OFFICE SOUTHEAST REGION 18 WASHINGTON STREET 1001 THIRD AVENUE WEST POST OFFICE BOX On SUITE 300 CAMBRIDGE, MARYLAND 21613 BRADENTON, FLORIDA 34205 410.228.8100 FAX 410.228.8580 941.744.5500 FAX: 941.744.9980 Item No. 457-2-121 Cathodic Protection Integral Pile Jacket, Non -Structural, 16.1" to 30.011, Galvanic System & Item No. 457-2-221 Cathodic Protection Integral Pile Jacket, Structural. 16.1" to 30.0", Galvanic System Projected quantities for the Cathodic Protection integral Pile Jacket line items exceed the contract quantity by 32%. Detailed pile condition surveys have indicated 13 additional piles required, which have been approved. In addition, pile steel deterioration has necessitated more "Structural' jackets (Item No. 457-2- 221) and fewer "Non -Structural' jackets (Item No. 457-2-121). Item No. 457-2-121 Item No. 457-2-221 Amount Quantity Non- Structural Quantity Structural Contract Values 141.0 154.0 $417,413.00 Projected Project Values 33.0 340.5 $551 34.00 Projected Overrun 108.0 186.501 $133 921.00 Time to Complete Project - With a 45% increase in the spall repair work and a 32% increase in the Pile Jacket work, we request an additional 90 days for project completion. The signi5cant increase in the spall repair work not only has an impact on the amount of time necessary for spall repairs, but also for Item No. 455-81-101 Cathodic Protection System, Zinc Aluminum Spray. This item requires spall repairs to the bent caps to be completed. prior to performing the metalizing operations. The additional piles identified for pile jackets necessitates a second batch of pile jackets to be ordered and fabricated, along with the demolition, continuity assessment/ correction, structural steel placement and jacket installation. A detailed schedule is attached to this letter. Thank you for your time reviewing this matter. Please let us know if there is any additional information you may need to make a determination. We look forward to a successful completion of the project. VERY TRULY YOURS, COASTAL GUNITE CONSTRUCTION COMPANY Martin Emmrich Proiections for Item N& 4111_711_3! RpetnrPA Cnollud A- i e+eiu,.as _a ■Ar__ . Sum of Area Actual CF Estimated % Projected % Projected CF Projected Projected CF Projected % Projected SS S F Plan CF To Date Complete Remaining Remaining Total CF Over(Under) Over nder Over nder Topside 6547.92 3110.3 3448.0 95% 5% 168.9 3616.9 506.7 160/6 S 192.400.65 Blank 0.56 0.3 0.0 1000/9 0% 0.0 0.0 0.3 -100% S 96.19 Left(North) 3079.99 1463.0 1610.4 90% 10% 178.9 1789.3 326.3 22% S 117,477.37 Right South 3467.36 1647.0 1837.6 1000/0 09/0 0.0 1837.6 190.6 120/6 S 68,620.68 Grand Total 6547.92 3110.3 3448.0 95% 5% 169.9 3616.9 506.7 16% S 182,400.65 Sum of Area Actual CF Estimated % Projected % Projected CF Projected Projected CF Projected % Projected SS 5 Plan CF To Date Complete Remaining Remainine Total CF Over nder Over(Under) Over(Under) Underside Bent cap 369.79 175.7 280.0 33% 67% 568.5 949.5 672.9 383% S 242 220.17 Girder 67.44 32.0 8.0 5% 95% 152.0 160.0 128.0 399% S 46 068.19 Pile Under Deck/ 17.43 8.3 0.0 0% 1000/0 33.1 33.1 24.8 3000/6 S 8,941.88 Overhang 124.28 59.0 0.0 00/0 1000/0 236.1 236.1 177.1 3000/a S 63,754.50 Grand Total 578.94 275.0 288.0 32% 68% 989.7 1277.7 1002.7 365% S 360 ,73 TOTAL TOPSIDE & UNDERSIDE 3385.3 3736.0 90'/0 10% 1 1158.7 4894.7 1509,4 45% 1 S 543,385.38 i OE C .a v ti 00 0o 0o 00 ��,�� 00 0o 00 M 00 00 M 00 00 00 00 00 0o 00 00 00 00 00 M �tntn",��inv� •• r,,., •• -• c o o; _ 0o 00 °O • � � � + AA � t Q # � x s s : � a s s s °7 pp p � iFE"'�FFEti[�iFF[�iFiF[r'�F AA AAAAAAAA A� rn o � o v v v v o� c> � U ca m y c> m o� o� o� o� o► m m o m� c Gn °' SE 34 .!E .!4 �j A* Q ava cue w e� e� m m tr Q m d cva O O C b O O C �M �Neh �+�NMh 1ry0�0�0�0'rrr.-�NNNMMrl�tvlM�n�0�0 �NMcr �-+N�M� V1 er NM�.. 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M/yp. • In.n1Td1 �..__ - .ml.r lnrrur. ..._•__ " ... _ __ eI AMENDMENT 1 TO THE CONTRACT FOR CONSTRUCTION FOR THE NO NAME KEY BRIDGE REPAIR PROJECT THIS CONTRACT AMENDMENT IS ENTERED INTO BETWEEN Monroe County, whose address is 1100 Simonton Street, Room 2-216 Key West, Florida 33040, hereafter the "County"; and Coastal Gunite Construction Company, a Corporation of the State of Maryland, whose address is 16 Washington Street, Cambridge, Maryland 21613, its successors and assigns, hereinafter referred to as "CONTRACTOR' Article 4 Contract Suer Paragraph 4.1 is corrected to state the following: 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for the No Name Key Bridge Repair Project the Contract Sum of Two million, nine hundred ninety-seven thousand six hundred seventy-six dollars and no cents ($2,997,676.00). Force and Effect. In all other respects the Contract dated August 20, 2014 remains in full force and effect. In WITNESS WHEREOF each party hereto has caused this contract to be executed'by its "duly authorized representative. Attest: A AY HEAVILIN, CLERK n �A Deputy CIA (SEAL) '.S f BOARD OF COUNTY COMMISSIONERS OF, MONROE COUNTY, FLORIDA By, o , haern ri COASTAL GUNITE CONSTRUCTION COMPANY y: Title i" eeA SjAiFtTT MONROF COUNTY ATTORNEY c>,Ittais'�'tca� sa). ' UA!'FRl'-SAFIROWS ASSISTANTCOUNTY ATTORNEY Date No Name Key Bridge Re air Section 00500 Standard Form of Agreement Between Owner and Contractor Where the basis ofpayment is a STIPULATED SUM AGREEMENT Made as of the 20th day of August in the year of Two Thousand and Fourteen. BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC") 1100 Simonton Street Key West, Florida 33040 ("Owner") And the Contractor: Coastal Gunite Construction Company 16 Washington Street Cambridge, MD 21613 ("Contractor") For the following Project: No Name Key Bridge Repair Project Monroe County, Florida 33043 ("Project') Oversight for Owner: Parsons Brinkerhoff, Inc. One Penn Plaza New York, NY 10119 Engineer: Kisinger Campo & Associates, Corp. 201 North Franklin Street, Suite 400 Tampa, Florida 33602 The Owner and Contractor agree as set forth below. 1021/2013 STANDARDFORMOFAGREEMENTBETWEEIVOWNERANDCONIRACTOR(7 2013) W500-1 No Name Key Bridge Repair ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements, and Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of -Work is as specified in the Contract Documents, and shown on the Drawings and in the specifications. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the No Name Key Bridge Repair Project. ARTICLE 3 Date of Commencement and Substantial Completion-_ 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of thisAgreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350, milestone schedule. Unless the date of commencement is , established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than five days before commencing the Work. The date of commencement shall be the date specified in the Notice to Proceed issued to the Contractor. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 365 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. LIQUIDATED DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Owner's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. 10212013 STANDARD FORMOFAGREEIVIENTBETWEENOWNERANDCONT1tACIiOR(7 2013) W-%0-2 No Name Kev Bridge Renair FIRST SECOND , . 31s` DAY & C.:ON'IRAur AMOUNT 15 DAYS 15 DAYS THEREAFTER Under 50,000.00 $50.00/DAY $100.00/DAY $250.00/DAY $50,000.00-$99,999.00 100.00/DAY "200.00/DAY 750.00/DAY $100,000.00-499,999.00 200.00/DAY . 500.00/DAY 2,000.00/DAY $500,000.0 and Up 500.00/DAY 13000.00/DAY 3,500.00/DAY The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Balance of Page Intentionally Left Blank 1021/2013 STANDARDFORMOFAGREEYENrBEfWEENOWNERANDCONIRACrORC7 2013) 00500-3 No Name Key Bridge Repair ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the,Contract, for No Name Key Bridge Repair Project the Contract Sum of subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: None 4.3 Unit prices, if any, are follows: See Section 00110 Bid Proposal ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment, the Owner shall make progress payments on account of the Contract Sum to the contractor. as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted -by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such. data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum.properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent (10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract, Sum shall be actual net cost as confirmed by the Owner. When both additions and credits covering related Work or substitutions are involved in a change the 10212013 STANDARDFORMo FAGREEvIE VTBErWFENOWI�ERANDCONTRACrOR(7 2013) 00-%a4 No Name Key Bridge Repair allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properlyallocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent (10%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to hkety percent (90%) of the Contract Sum, less such amounts as the Owner recommends and determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None 5.9 The County will withhold progress payments from the Contractor for failure to comply with the FDOT Local Agency Program (LAP) requirements. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate for Payment has been issued by the 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 by other provisions of the Contract Documents. 10212013 STANDARD FORM OF AGIEEMENTBEMEEN OWNERANDCOMRACrOR(7 2013) W500-5 No Name Key Bridge Repair, 7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735 7.3 Temporary facilities and services: None. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are part of this contract: a) Maintenance of Records: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives, or the Federal Emergency Management Agency or its designee, shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. if an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. 10/21/2013 STANDARDFORMOFAGREENIENTBETWEEN OWNERANDC0N1RACPOR(7 2013) 00500-6 No Name Key Bridge Repair In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be,subject to arbitration, c) Severability: If any term, covenant, condition or provision of this Agreement (or- the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this -Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this ,Agreement, the prevailing party shall be. entitled to, reasonable attorney's fees and court costs, as an award against the non -prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. e) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. g) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Nondiscrimination: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended 10/21/2013 STANDARDFORMOFAGREEVIENTBETWEENOWNERANDCOTiIRACPOR(7 2013) 00500.7 No -Name Key Bridge Repnir (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. ' 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VilI of the Civil Rights'Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. i) Covenant of No Interest: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. j) Code of Ethics: ' County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. k) No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, 'percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor, agrees that the County shall have the right to terminate thi4 Agreement without liability and, -at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 1) Public Access: The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents; papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. 1021/2013 STANDARDFORMOFAGREE[v>ENTBErwEENOWNERANDCONTRACPOR(7 2013) 00500-8 No Name Key Bridge Renair (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. m) Non -Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. n) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. o) Legal. Obligations and Responsibilities: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it 'be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case taw. p) Non -Reliance by Non -Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior, to the community in general or for the purposes contemplated in this Agreement. 10212013 STANDARDFORMOFAGREEMEVTBMVEENOWNERANDCONTRACPORC7 XI3) 00500-9 No Name Key Bridae Repair q) Attestations: Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. r) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability_ or accountability by reason of the,execution of this Agreement. s) Execution in Counterparts:. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart- t) Section Headings: Section headings have been inserted, in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. u) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project. v) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, -or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) costs: -or expenses that may be. asserted against, initiated with respect to, or sustained by the County. and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation of liability under this.contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term. of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required 'insurance, -the Contractor shall indemnify. the County from any and all increased expenses resulting from such delay. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay, IGU/2013. STANDARD FORM OFAGREEM ENTBETWEENOWNERANDOONTRACPOR(7 7.013) W-%0-10 No Name Key Bridge Repair The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. w) Adjudication of Disputes or Disagreements: The Owner and Contractor, agree that all disputes and'disagreement shall be attempted to be resolved by meet and confer sessions between. representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public .meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph X concerning cancellation. x) Cancellation: In the event that the Contractor shall be 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, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of, the services under this Agreement. . County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. z) Insurance: Prior to commencement of work the Contractor will provide satisfactory evidence of insurance as required in Specification Section 00900 General Insurance Requirements for Construction Contractors and Subcontractors. The Contractor shall name the Monroe County Board of County Commissioners, its 'employees and officials as "Additional Insured" on all policies except for Worker's Compensation. 7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. 7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations . under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors,, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 10V21 013 STANDARDFORmoFAGREEMENTBE1wEENOWNERANDCONfkAcroRC7 XI3) 00500-11 No Name Key Bridge Repair 7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 7.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation: The Contractor agrees to comply with the provisions of FDOT's Disadvantaged Business Enterprise Program as outlined in the Certification contained in Section 001 10 Bid Proposal. The Contractor will complete and execute FDOT form 275-030-11B, DBE Affirmative Action Plan, which is included as Attachment A to this Agreement. The Contractor will enter the Anticipated DBE Participation Statement, the Construction Contractors Bid Opportunity List and the DBE Payments into FDOT's Equal Opportunity Compliance (EOC) system: www.dot.siate.il.us/c ualo ortunitvolliceh:oc.shtm . 7.11 FHWA Form 1273: Form 1273 is attached hereto as Attachment B and made a part of this contract. The Contractor will adhere to all provisions in FHWA Form 1273. 7.12 Buy America: The Contractor agrees that it will comply with the requirements of 49 U.S.0 Section 5323 Q) (1). Section 165 (a) of the Surface Transportation Assistance Act of 1982, as amended, but it may qualify for an exception to the'requirements pursuant to Section 165 (b) (2) or (b) (4) of the Surface Transportation Assistance Act of 1982 and regulation in 49 CFR 661.7. 7.13 Foreign Contractor and Supplier Restriction: The Contractor shall not knowingly enter into any subcontract under this contract: (1) With a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the United States Trade Representative (USTR) or (2) For the supply of any product for use on the Federal Public Works project under this contract that is produced or manufactured in a foreign country included on the list of countries that discriminate against U.S. firms published by USTR (Includes "Buy American" provisions). 7.14 Public Agency Subcontracting to Private Sector Entity Contract Provision: in accordance with the provisions of 23 CFR 635.112(e), No public agency shall be permitted to bid in competition or to enter into subcontracts with private contractors. A breach of any of the stipulations 23 CFR 635.112(e) shall be sufficient grounds for termination of the Contract. 7.15 Contractor Purchased Equipment for Local Ownership: in accordance with the provisions of 23 CFR 140 and 49 CFR Section 18.3 the Contractor will not purchase equipment for County ownership. 7;16 Equipment Rental Rates: in accordance with 23 CFR 635.120 and 48 CFR 31 the County will pay standard equipment rental rates for the local area where the Work is being conducted for rented equipment, as needed during the project. 7.17 Local Hiring Preference: the County will not include a Local Hiring Preference for this contract. 7.18 Publicly Owned Equipment: in accordance with the provisions of 23 CFR 635.106 publicly owned equipment will not be allowed to compete with privately owned equipment under this agreement. 10212013 STANDARDFORMOFAGREFI4ENTBmvEENOWNERANDCONIRACTOR(7 2013) W500-12 No Name Key Bridge Regair 7.19 State Preference: No requirement will be imposed: (a) To require the use of or provide a price differential in favor of articles or materials produced within the State, or otherwise to prohibit, restrict by discriminate against the use"of articles or materials shipped from or prepared, made or produced in any State, territory or possession of the United States; or (b) To prohibit, restrict or otherwise discriminate against the use of articles or materials of foreign origin to any greater extent than -is permissible under policies of the Department of Transportation as evidenced by requirements and procedures prescribed by the FHWA Administrator to carry out such policies. 7.20 Salvage Credits: The Contractor will not receive credits for salvageable materials. 7.21 Equal Employment Opportunity (EEO) Requirements: the Contractor will adhere to the DOT EEO requirements in accordance with Executive Order 11246 and as outlined in the Equal Employment Opportunity Certification in Specification Section 00110. Prior to the start of construction the Contractor will complete FDOT Form 275-021-13 Notification to FDOT of EEO Officer and -Form 275-021-05, Record of Supervisory. and Office Personnel EEO Meeting or Individual Orientation, which are included as Attachment C to this Agreement. 7.22 Davis -Bacon Act: In accordance with the Davis -Bacon Act, the Contractor and their subcontractors shall pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current prevailing wage rate table is attached as Attachment D. 7.23 The Contractor shall utilize -the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing, services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. 10212013 STANDARDFORMOFAGREEmENTBETWEEIYOWNERANDCONTRACPOR(7 l3) 00500-13 No Name Key Bridge Repair Article 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: See Article 1 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated April, 2014, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.13 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: Sheets B1-1 through B1-24 Signed and Sealed on '1/16/2014 Sheets BX-1 through BX-19 Existing Bridge Plans 9.1.6 The Addenda, if any, are as follows: Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County Bid Form in Section 00110. See Article 1. 10/21R413 STANDARDFORMC)FAGREEveI TBETWE©NOWNERANDCON RACMR(7 2013) OOSW 14 No Name Key Bridge Repair IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date Jfr.St,written above in four (4) counterparts, each of which shall, without proof or accounting for ,a t(ie o`ther,counterparts, be deemed an original contract. BOARD OF COUNTY COMMISSIONERS Attest.' C11Y HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA BY:. ti'i �l1�,i. By kc� Deputy Clerk May r Date _ iim"iF ADtk,aOlcf (SEAL') Attest: CONTRACTOR Title: c— Title:` END OF SECTION 00500 MONROE COUNTY ATTORNEY �1VP; it VED AS TO FORM. CHRISTINE M. LIMBERT-BARROWS ASSIS V-, t Y ATTORNEY Date 102IM13 STANDARDFORMOFAGRMV1ENTBMUNOWNERANDCONIRACMR(7 2013) 00500-15 ATTACHMENT A DBE AFFIRMATIVE ACTION PLAN POLICY STATEMENT 275.030.118 EQUAL OPPORTUNITY OFFICE 02106 Page 1 of 3 It is the policy of Czp&�S T that disadvantaged businesses, as defined by 49 C R Part 26, Subpart D and implemented under Rule Chapter 14-78, .A.C., shall have the opportunity to participate as subcontractors and suppliers on all contracts awarded by t e Florida Department of Transportation. The requirements of Rule Chapter 14-78, FA.C., shall apply to all contracts entered into between the Florida Department of Transportation and C,=s cS 1ki — k'-L k \ Ca "Sxva A x%, s,�tA �)lS>`PtiLYt�lt i Subcontractors and/or suppliers to CLnjks66NL. will also be bound by the requirements of Rule Chapter 14-78 F.A.C. I Cia Kq-V- P I' ,and it's subcontractors shall take all necessary and reasonable steps in accordance with Chapter 14-78, F.A.C., t ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with the lorida Department of Transportation. -'A S-- kh L_ (��V.-L and its subcontractors shall not discriminate on the basis of race, color, religion, national origin, disability, sex, or age lin the administration of contracts with.the Department of Transportation. a Liaison Officer to develop, maintain, and monitor the DBE Affirmative Action Plan i plen Officer will be responsible for disseminating this policy statement throughout t and to disadvantaged controlled businesses. The statement is posted on rpgce boards of X X �P�tJtl�. tCJuJ�hl/Ll.c� has designated and appointed entation, The Liaison Company. , President 27M30.11 B EQUAL OPPORTUNITY OFFICE 02/0B Page 2 of 3 DESIGNATION OF LIAISON OFFICER o� �'C1Dr�,u1�t\\ it�t.LSTY?C.'C'\sue Co. will aggressively recruit disadvantaged businesses as subcontractors and suppliers for all contracts with the Florida Department of Transportation. The Company has appointed a Liaison Officer to develop and maintain this Affirmative Action Plan in accordance With the requirements of Rule Chapter 14-78, F.A.C. The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the Company's utilization of disadvantaged subcontractors in addition to the following specific duties: (1) The Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all Florida Department of Transportation contracts; (2) The Liaison Officer will submit all records, reports, and documents required by the Florida Department of Transportation, and shall maintain such records for a period of not less than three years, or as directed by any specific contractual requirements of the Florida Department of Transportation. • The following individual has been designated Liaison Officer with responsibility for implementing the Company's affirmative action program in accordance with the requirements of the Florida Department Transportation. (Liaison Officer's Name) Cki�LI �T� �c�s v ll1ArS (Your Company's Name) (Your Company's Address) (b �alptiSt!C1 C-,t��wt Ste• C�{PcM-�2lp�si��D ZIlo13 (Phone Number for Liaison Officer) (Enter FEIN or Tax Id Number) S , — 13��31p1 II. AFFIRMATIVE ACTION METHODS In order to formulate a realistic Affirmative Action Plan, CO3VML__ (_-tW4\Xe �a,LS'ts2��t'C� liPc.�L has identified the following known barriers to participation by disadvantaged subcontractors, before describing its , proposed affirmative action methods: 1. Lack of qualified disadvantaged subcontractors in our specific geographical areas of work; 2. Lack of certified disadvantaged subcontractors who seek to perform Florida Department of Transportation work; 3. Lack of interest in performing on Florida Department of Transportation contracts; 4. Lack of response when requested to bid; - 5. Limited knowledge of Florida Department of Transportation plans and specifications to prepare a responsible bid. In view of the barriers to disadvantaged businesses stated above, it shall be the policy of to provide opportunity by utilizing the following ative actio methods to ensure. participation on the contacts with the Florida Department of Transportation. will: — 1. Provide written notice to all certified DBE subcontractors in the geographical area where the work is to be subcontracted by the Company,- 2. Advertise in minority focused media concerning -subcontract opportunities with the Company; 3. Select portions of work to be performed by DBEs in order to increase the likelihood of meeting contract goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); 27,5.010.11B EQUAL OPPORTUNITY OFFICE 02/OB Page 3 of 3 4. Provide adequate information about the plans, specifications, and requirements of the contract, not rejecting subcontractors without sound reasons based on a thorough investigation of their capabilities; 5. Waive requirements of performance bonds where it is practical to do so; 6. Attend pre -bid meetings held by the Florida Department of Transportation to apprise disadvantaged subcontractors of opportunities with the Company; 7. Follow up on initial solicitations of interest to DBE subcontractors to determine with certainty whether the DBE company is interested in the subcontract opportunity. a understands that this list of affirmative action methods is not exhaustive and will include additional approaches after h ving established familiarity with the disadvantaged subcontracting community and/or determined the stated approaches to be ineffective. (II. IMPLEMENTATION On contracts with specific DBE goals, Co61,--[v c-c\ot�1 & tUC)AI,.- 1 will make every effort to meet contract goals as stated by utilizing its affirmative action methods. On projects with no specific goals, the Company will, as an expression of good faith, seek to utilize DBE subcontractors where work is to be subcontracted. IV. REPORTING Yc >`l hall keep and maintain such records as are necessary to determine the Company's compliance with.its DBE Affirmative ction Plan. The Company will design its record keeping system to indicate: 1. The number of DBE subcontractors and suppliers used by the Company, identifying the items of work, materials and services provided; 2. The efforts and progress being made in obtaining DBE subcontractors through local and community sources; 3. Documentation of all contracts, to include correspondence, telephone calls, newspaper advertisements, etc., to obtain DBE participation on all Florida Department of Transportation projects; 4. The Company shall comply with Florida Department of Transportation's requirements regarding payments to subcontractors Including DBEs for each month (estimate period) in which the companies have worked. V. DBE DIRECTORY �> tOtt_ L% ,n.VAo_ZC G'. will utilize the DBE Directory published by the Florida Department of Transportation. The Company will distribute Form Number 275-030-01, Schedule A Certification Form Number 1, to potential DBE contractors and assist in their completion. ATTACHMENT B REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions 'VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) 1. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are Incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's awn 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. FHWA-1273— Revised May 1, 2012 3. A breach of any of the stipulations contained In these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor. During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project an a Federal -aid highway unless It Is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. 11. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10.000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27: and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with; the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60. and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section-140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A. with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. - 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 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) 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 provisions of the Americans with Dlsabllittes Act of 1999 (42 U.S.C. 12101 at seq:) set forth under 26 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 contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during,_ employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, Including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do SO. 3. Dissemination of Policy: All members of the contractors staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the 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 six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer, b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractors EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and. private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify -sources of potential minority group employee's, and establish with such identified sources procedures whereby minority and women 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; the contractor is expected to observe the provisions of that agreement to the eident that the system meets the contractor's compliance with EEO, contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. . b. The contractor MR periadtcaliy 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 its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade orjob classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations; the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C.140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractors association acting as agent, will Include the procedures set forth below: a. The'contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor Is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency 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 referrals within the time limit set forth in the collective bargaining agreement, the contractor will, - through independent recruitment efforts, 91 the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. 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 contracting agency. 9. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Setactlon of Subcontractor, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability In the selection and retention of subcontractors, Including procurement of materials and leases of equipment. The contractor shall take ail necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractorwill use good,faith efforts to ensure " subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall cant' out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may'result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such" records as necessary to document compliance with the EEO - requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for ail contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities acid women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency 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 Forth FHWA-1391. The staffing data should represent the project work force an board in all or any part of the last payroll period preceding the end of July. If on4he job training is being required by special provision, the contractor All be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term 'facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The. requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters' with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations Issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less. than those contained,in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1,d: of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this . section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers, b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in . the wage determination and which Is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (I) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (it) The classification is utilized in the area by the construction industry; and (Ill) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known); 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 Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all Interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. 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 shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the bavis-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. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor 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, so 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 contracting agency 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. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has -found under 29 CFR 5:5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or'program is financially responsible, and that the plan or program has been communicated in. writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred In providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.0) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll Information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esalwhd/forms/wh347!nstr.him or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting. agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an Investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and socialsecurity numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (I) That the payroll for the payroll period contains the information required to be provided under §5:5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(7 of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed an the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) 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 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for Inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as maybe necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less then 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 U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or 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 Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen 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 worker listed on a payroll at an apprentice wage rate, who Is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on 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 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's hourly rate) 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 journeymen 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 determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). 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 U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman 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 an the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeymen wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor 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. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compllance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FMA-1273 in any subcontracts and also require the .subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.11i 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering'into this contract, the aantractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person, or firm ineligible to he awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5,12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. . 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employmerd of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less then one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States On the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed In violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which Is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this - section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs, (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with Its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. 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' (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: . (1) the prime contractor maintains control over the supervision of the day -today activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; . (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and aft other Federal regulatory requirements, b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon'which the requirements set forth in paragraph (1) of Section VI is computed Includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the 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 contracting agency has assured that each subcontract is evidenced In writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) Is not applicable to design -build contracts; however, contracting agencies may eslabllsh their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION T h I s p r o v I s I o n i s applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and.sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as It determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in canneclion with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor 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 his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v I s I o n t o applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it Is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law.. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federai-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project; 16 U.S.C. 1020 reads as follows: 'Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related . project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Slat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in (he performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier 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," "participant," "person," "principal." and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. 'First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department,or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause tilled "Certification Regarding Debarment, Suspension; Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction,, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.er)ls.gov/), which is compiled by the General Services Administration. 1. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to - render in goad faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (0 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. 2. CertlRcation Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Flmt Tier Participants: a. The prospective first tier participant certifies to the best of .its knowledge and belief, that it and its principals: . (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certlficatlon - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 160 and 1200) a, By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification In this clause Is a material representation of fact upon which reliance was placed when this transaction Was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which 10 this transaction originated may pursue available remedies, including suspension andlor debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended, "ineligible," "participant," "person," principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime. or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared Ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department at agency with which this transaction originated. f. The prospective lower tier participant further agrees by. submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," Without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 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 is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower Her prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httas:lrwww.eols.g ), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person In the ordinary course of business dealings. I. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who Is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Participants. 1. The prospective lower Gar 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 participating in covered transactions 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. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is 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, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 11 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965, 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work Is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (tc) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the Slate Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant - estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred .to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by - the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside In the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (I a) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. ATTACHMENT C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 276-021-13 NOTIFICATION TO FDOT OF EEO OFFICER EQUAL OPPORTU oNITY 11v07o7 Mail signed original to: FDOT Equal O ortuni Office, 605 Suwannee Street -MS 65, Tallahassee, FI 32399-0450 ` Section 1: COMPANY IDENTIFICATION i 1. Contractor Name: _ _ 2.. FEID No.: _ 3. Home Office Mailing Address: (street) 4. Home Office Mailing Address: (city, State, Zip)) to S-r. C jAc Zl b 5. Main Phone Number: 6. Fax Number: 7. What is being I Initial EEO Officer Notice to FOOT I New Person Appointed Appointee Chan[ ed Name Contact Data Chanced Changed? JOYes ❑ No I ZYes ElNo Yes 0 No ❑ Yes ❑ No Section 2: EEO OFFICER IDENTIFICATION B..Name of EEO Officer: ( first name, middle initial, last name) 9. EEO Officer's Working Title: -- --- __ _ 10. Work Address of EEO Officer (Street) ___._ 11. Work Address of EEO Officer: (city, state, zip) 12. EEO Officer Phone Number: 13. EEO Officer Fax Number. LkL- -mLA- SCoo _ �I �— t�BD - 14. EEO Officer email address: Section 3: SIGNATURE OF CORPORATE OFFICIAL As required in the Equal Employment Opportunity Special Provisions included in Federally Funded Highway Construction Contracts and as required in the Equal Employment Opportunity Requirements included in all State funded highway construction contracts, this official notice of EEO Officer appointment (and/or update) is made to the Florida Department of Transportation and the U.S. Federal Highway Administration (FHWA). I understand that additional Information regarding the EEO Officer, the EEO Policy and other aspects of the construction contract compliance program may be found in the EEO Construction Contract Compliance Workbook. 15. Appointing 0fli' ignature; 16. Date: (Mo/Day/Yr.) 17. Official's Na inted) 18. Official's Title: (printed} • \ �� . 1 777- %77k (This Section For FDOT Use) Section 4: Processing of Notification 19. Processed by: (First and Last Name) 20. Dale Processed: (mofdaylyr) DISTRIBUTION: Original to FDOT Central E_ O Office Flies; Copy: Mailed to Contractor UPDATE ACTION; Input In FORS stem 275421-13 EQUAL OPPORTUNITY 01107 State of Florida Department of Transportation EEO Officer Notification This form is used by contractors to communicate the appointment of an EEO Officer and to provide EEO Officer Contact data. The form is also used to update that information in the event of new appointees, name. changes or contact data changes. Refer to the EEO Construction Contract Compliance Workbook and the FDOT contract for compliance program requirements and instructions. The contractor mails original of the completed form to FDOT Equal Opportunity Office 605 Suwannee Street -MS 65 Tallahassee, FI 32399-0450 A copy of the form is returned to the contractor upon completion of processing by FDOT General: Complete all boxes each time this form is submitted Section -1: Prolect Identification Box 1 Contractor Name — The name of the contractor. Box 2 FEW No. — The contractor's Federal Identification Number Box 3 - Home Office Mailing Address (Street) — The contractor's home office street address; if the business' home office is outside of Florida, indicate the address of the Florida Home Office. Box 4- Home Office Mailing Address (City, State, Zip) - The contractor's home office city, state and zip code;. if the business' home office is outside of Florida, indicate the address of the Florida Home Office. Box 5 Main Phone No. — Area code and phone number contractor's main business phone Box 6 Fax Number No. — Area code and phone number contractor's main fax Box 7 What is Being Changed? - Mark 'Yes' or 'No" to indicate if this is the company's initial submission of EEO Officer information; If a new person has been appointed as- EEO Officer, If the appointee of record had a name change, and if the appointee's contact data is being updated. Section 2: EEO Officer Identification Box 8 Name of EEO Officer — First name, middle initial and last name of EEO Officer Box 9 EEO Officer's Working Title — Job title if the EEO Officer has other. duties (e.g. Treasurer, Manager of Contract Services, etc) Box 10 Work Address of EEO Officer (Street) — Address of EEO Officer's office Box 11 Work Address of EEO Officer (City; State, Zip) — Address of EEO Officer's office Box 12 EEO Officer Phone Number — Area code and phone number for EEO Officer Box 13 EEO Officer Fax Number — Area code and fax number for EEO Officer Box 14 EEO Officer email address — EEO Officer Email address Section 3: Signature of Corporate Official Box 15 Appointing Official's Signature — Signature of Company Official responsible for EEO Officer Appointment Box 16 Date (Mo/Day/Year) — Date appointing official signs this Notification form Box 17 Official's Name (printed) — Printed first.name and,last name of person signing Box 15 r Box 18 Official's Title (printed) —Printed title of person signing Box 15 (e.g. President, CEO, etc) Section 4: Processing of Notification This section is completed by FDOT Box 19 Processed by — First and last name of person processing the Notification Box 20 Date Processed — Date processing is completed STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275.021-a5 RECORD OF SUPERVISORY AND OFFICE PERSONNEL EQUALOPPORTU 7 a110rD7 EEO MEETING OR INDIVIDUAL ORIENTATION 1. COMPANY NAME: 2. DATE OF MEETING (M/D/Y): Ce �P%s:c,% L Cc kAtAv c Csag 116,114 3. FEID # OR FDOT VENDOR #: 4. NAME OF EEO OFFICER: `, 1 S 2— «0 `� I 1P_k;,1,t5u� %� WT 5. CIIECK YPE OF MEETING: 6. ADDRESS WHERE MEETING HELD: INDIVIDUAL, ORIENTATION ❑ EEO MEETING 7. EEO OFFICER'S CERTIFICATION: The signature of this Company's EEO Officer is certification that an individual orientation or meeting was held with supervisory personnel and others involved in personnel matters to address all aspects of our equal employment opportunity (EEO) obligations. Th • ajor topics were addres nd a signed attendance record was made. SIGNATURE: , , EEO OFFICER 8. MAJOR TOPICS ADDRESSED: ✓ EEO Policy and Affirmative Action Plan -Bulletin, Boards ✓ Identification of EEO Officer ✓ Interviews by State -and Federal representatives ✓ Equal Employment Opportunity and recruitment ✓ Training opportunities ✓ Wages and Payrolls ✓ Complaints ,,'Utilization of Disadvantaged Businesses 9. ATTENDEES: _ PRINTED NAME AND TITLE SIGNA7j,,JI2E C—n ATTACHMENT D General Decision Number: FL 140190 01 /03/2014 FL 190 Superseded General Decision Number: FL20130249 State: Florida Construction Type: Highway County: Monroe County in Florida. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date- 0 01/03/2014 SUFL2013-008 08/19/2013 Rates Fringes CARPENTER, Includes Form Work .... $ 11.95 1.44 CEMENT MASON/CONCRETE FINISHER...$ 13.65 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) ..... $ 12.70 0.00 HIGHWAY/PARKING LOT STRIPING: ' Operator (Spray Nozzleman)....... $ 13.08 0.00 INSTALLER - GUARDRAIL ............ $ 14.44 0.00 IRONWORKER, REINFORCING .......... $ 13.85 0.00 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor ......................$ 13.60 0.00 LABORER: Common or General ...... $ 11.96 2.90 LABORER: Flagger................$ 9.87 0.00 LABORER: Grade Checker .......... $ 11.45 0.00 LABORER: Landscape & Irrigation ....................... $ 11.16 '0.00 LABORER: Pipelayer..............$ 12.68 0.00 LABORER: Laborer -Cones/ Barricades/Barrels - Setter/Mover/Sweeper............. $ 12.17 1.71 OPERATOR: filel/Ml/... ProjectsNS%201%20Wayfinding%20Project/wayfinding%20specs/final%20front%20end/Davis%20Bacon%20Wages°/a202014.txt[1/3/20143:38:11 PM] Backhoe/Excavator/Trackhoe ....... $17.20 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader ................$ 11.60 0.00 OPERATOR: Broom/Sweeper ......... $ 10.89 0.00 OPERATOR: Bulldozer .............$ 13.90 0.00 OPERATOR: Crane .................$ 17.83 0.00 OPERATOR: Forklift .............. $ 11.03 0.00 OPERATOR: Grader/Blade .......... $ 16.08 0.00 OPERATOR: Loader ................$ 16.59 0.00 OPERATOR: Mechanic ..............$ 13.55 � . 0.00 OPERATOR: Milling Machine ....... $ 13.23 0.00 OPERATOR: Oiler ................. $ 12.61 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ......... $ 18.17 0.00 OPERATOR: Roller ................ $ 13.28 2.39 OPERATOR: Screed ................. $ 15.79 0.00 OPERATOR: Trencher ............... $ 16.60 0.00 TRAFFIC SIGNALIZATION: -Traffic Signal Installation ...... $ 19.03 0,00 TRUCK DRIVER: Dump Truck ......... $ 12.66 0.06 TRUCK DRIVER: Lowboy Truck ...... $ 14.94 " 0.00 TRUCK DRIVER: Water Truck ....... $ 13.05 ---------------------------------------------------------------- 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). file:///Ul/... Projects/US%20l%20Wayfinding°/a20Project/wayfinding%20specs/final%20&ont%20end/Davis%20Bacon%20Wages%202014.txtll/3/2014 3:38:11 PK The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SUL.A2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. file;///Ul/... Projects/CfS%201%20Wayfinding%20Project/wayfinding%20specs/final%20front%20end/Davis%20Bacon%2OWages%2O2Ol4.txt[1/3/2014 3:38:11 PM] WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the -response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative . Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 file:///Ul/... Projects/US%20l%20Wayfinding%2oProject/wayfinding%20specs/final%20front%20end/Davis%20Bacon%20Wages%202014.txt[1/3/2014 3:38:11 PM] 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION file;///Uj/...Projeds/US°/.201%20Wayfinding%20Project/wayfinding%20sgees/final%2Ofront%20end/Davis°/u20Biecon%20Wages%202014.txt[1/3/2014 3;38;11 PM]