The URL can be used to link to this page

Item C04County of Monroe <r BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 IleOI1da Keys ��x t t 0. Mayor Pro Tern Sylvia J. Murphy, District 5 Danny L. Kolhage, District I P f,< George Neugent, District 2 a Heather Carruthers, District 3 County Commission Meeting March 21, 2018 Agenda Item Number: C.4 Agenda Item Summary #3953 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Raymond Sanders (305) 295 -4338 N/A AGENDA ITEM WORDING: Approval to award bid and a contract to the lowest responsive, responsible bidder, Charley Toppino & Sons, Inc., for $762,854.75 for a FDOT Local Agency Program project for the construction of the Big Pine Water Observation Platform and Reynolds St. Pier improvements. Construction is 100% Grant funded with State and Federal funds. Grant amount for construction and CEI is $1,080,000. ITEM BACKGROUND: In July 2013, Monroe County entered into a Local Agency Program (LAP) agreement with FDOT to design and construct an observation platform at Big Pine Community Park and improvements to the Reynolds Street pier at Clarence Higgs Beach Park. This request is for approval of the construction contract with Charley Toppino & Sons, Inc. Staff plans to request that FDOT approve use of unused construction funds to cover the CEI contract shortfall. PREVIOUS RELEVANT BOCC ACTION: On July 17, 2013, the BOCC approved a Local Agency Program Agreement with FDOT for the construction of various Scenic Highway Overlooks. On August 20, 2014, the BOCC approved a contract with Stantec Consulting Services for the design and permitting of an observation platform at Big Pine Park and improvements to the Reynolds Street pier in Key West. On May 17, 2017, the BOCC approved the advertisement of an RFP for a FDOT Local Agency Program project for the construction of the Big Pine Water Observation Platform and Reynolds St. Pier improvements. On June 21, 2017, the BOCC granted approval to advertise an RFQ for Construction Engineering and Inspection (CEI) services. On January 17, 2018, the BOCC approved negotiating a contract with WSP USA Inc., the highest ranked respondent, for Construction Engineering and Inspection (CEI) Services for Scenic Highway Overlooks at the Big Pine Water Observation Platform and Reynolds Street Pier. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Recommend approval as outlined above. DOCUMENTATION: Big Pine Water Observation Platform and Reynolds St. Pier - Bid Tabulation Sheet Charley Toppino and Sons, Inc - Big Pine Scenic Overlook- Reynolds St Pier Proposal Toppino contract for Big Pine Water Observation Platform and Reynolds St. Pier FINANCIAL IMPACT: Effective Date: March 21, 2018 Expiration Date: Total Dollar Value of Contract: $762,854.75 Total Cost to County: $0 Current Year Portion: $0 Budgeted: Yes Source of Funds: FDOT Grant 125 22018 GN1403 CPI: N/A Indirect Costs: $0 Estimated Ongoing Costs Not Included in above dollar amounts: $0 Revenue Producing: No Grant: Yes County Match: $0 Insurance Required: Yes Additional Details: If yes, amount: Yes 03/21/18 125 -22018 - SCENIC HWY OVERLOOKS $762,854.75 GN1403 REVIEWED BY: Ann Mytnik Completed 03/01/2018 1:34 PM Cary Knight Completed 03/06/2018 3:50 PM Kevin Wilson Completed 03/06/2018 4:12 PM Chris Ambrosio Completed 03/06/2018 4:49 PM Budget and Finance Completed 03/06/2018 4:59 PM Maria Slavik Completed 03/06/2018 5:09 PM Kathy Peters Completed 03/06/2018 5:37 PM Board of County Commissioners Pending 03/21/2018 9:00 AM BUDGET AND F I NANCE PURCHASING DEPARTMENT co TABULATION SHEET OPEN DATE: JANUARY 17, 2018 AT 3:00 PM co TITLE: SCENIC HIGHWAY OVERLOOKS AT THE BIG PINE KEY WATER OBSERVATION c MONROE COUNTY, FLORIDA RESPONDENT BID BOND BID AMOUNT Charley Toppino & Sons 5% $762,854.75 DN Higgins, Inc. 5% $1,067,000.00 Titan Marine 5% $980,885.00 Bid Committee Present Ray Sanders Members of the Public Present Patrick Ortega (Toppinos), Michael Labrada (Toppinos), Wayne Kongo (Titan Marine), Ronoldo Armstrong (DN Higgins Inc) I hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checked against the State of Florida Convicted & Suspended Vendor listings. All bids listed above were received by the date and time specified. Bid Opened By: Lisa Abreu, OMB BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER SECTION 00120 PROPOSAL FORM PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 2 -213 KEY WEST, FLORIDA 33040 PROPOSAL FROM: CHARLEY TOPPINO & SONS, INC P O BOX 787 KEY WEST FL 33041 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: SCENIC HIGHWAY OVERLOOKS AT THE BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself /herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman -like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he /she has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he /she understands the conditions under which the Work is to be performed. The successful proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. Seven Hundred Sixty Two Thousand Eight Hundred Fifty -Four Dollars and Seventy Five Cents (Total Base Proposal- words) $ 762,854.75 (Total Base Proposal — numbers) PROPOSAL FORM 00120- Page 23 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Unit prices, are as follows: Item No. Description Unit of . Unit Price Written Price Line Total Price BIG PINE PARK 101 -1 MOBILIZATION IS 1 $98,000.00 Ninety -Eight Thousand Dollars $98,000.00 102 -1 MAINTENANCE OF TRAFFIC LS 1 1 $10,000,00 Ten Thousand Dollars $10,000.00 $3.75 Three Dollars and Seventy -Five $600.00 104 -10 -3 SEDIMENT BARRIER LF 160 [vents FLOATING TURBIDITY 104 -12 BARRIER WITH WEIGHTED LF 125 1$25 .00 Twenty Five Dollars $3,125.00 BOTTOM 110 -1 -1 CLEARING &GRUBBING LS 1 $2334000 Twenty- ree;'rousan ree $23,340.00 110 -4 REMOVAL OF EXISTING SY 18 $100.00 o Hundred Dollars ne $1,800.00 PATHWAY (ASPHALT) 120 -1 REGULAR EXCAVATION CY 100 $37,50 Thirty Seven Dollars & Fifty Cents $3,750.00 120 -6 EMBANKMENT CY 250 $81.x5 ig t ne a ors an wenty- ive $20,312.50 160 -4 TYPE B STABILIZATION SY 55 $25.00 Twenty -Five Dollars $1,375.00 430- 175 -108 PIPE CULVERT, OPTIONAL LF 38 $210.00 Two Hundred Ten Dollars $7,980.00 MATERIAL, ROUND, 8" S /CD 430- 982 -081 MITERED ENDSECTION, EA 2 $1,875.00 one Thousand Eight Hundred $3,'750.00 OPTIONAL ROUND, 12" CD Seventy-Five Dollars 522-3 .ONC SIDEWALK 8" SY 50 $205.00 Two Hundred Five Dollars $10, -50.00 THICK, (WITH WWF) 550 -10 -2 FENCING WOODEN LF 36 $165.00 One Hundred Sixty-Five $5,940.00 COMPLETE W/ 8 "X8" POSTS Dollars "OD, MATCH EXISTING, 575 -1 INCLUDES WATERING SF 750 $2.00 Two Dollars $ 1,500.00 AND MAINTENANCE 590 -70 -1 IRRIGATION SYSTEM LS 1 $2,900.00 Two Thousand Nine Hundred $2,900.00 REPAIRS /MODIFICATION Dollars 9998-1 WOODEN OBSERVATION LATFOR M LS 1 $61,000.00 Sixty one Thousand Dollars $61,000.00 9998-2 RECYCLED PLASTIC BENCH EA 2 $1,920.00 One Thousand Nine Hundred $3,840.00 ( F& 1) rwen Dollars 9999-0 INTERPRETIVE PANELS (F &I) EA 1 $2,500.00 Two Thousand Five Hundred Dollars $2,500.00 9999 -1 VIEWING SCOPES (F &I) EA 2 $7,800.00 'Seven I Rousand igfit Hundred $15,600.00 9999-2 SOLAR LIGHTS (F &I) PILE CAP EA 4 $700.00 Seven Hundred Dollars $2,800.00 MOUNT 9999 3 OLAR LIGHTS (F &I) DECK M ., IP\IT EA 6 $750.00 Seven Hundred Fifty Dollars $4,500.00 ■ PROPOSAL FORM 00120- Page 24 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Item No. Descri tion Unit Ot . Unit Price Written Price Line Total Price 580 -1 REYNOLDS ST. PIER LS 1 101 -1 MOBILIZATION LS 0 Zero $0.00 102 -1 MAINTENANCE OF TRAFFIC LS 0 $2,400.00 Zero $0.00 104 -10 -3 SEDIMENT BARRIER LF 207 1 $3.75 Three Dollars & Seventy-Five Cents $776.25 104 -12 FLOATING TURBIDITY BARRIER WITH WEIGHTED LF 104 $25.00 Twenty Five Dollars $2,600.00 9999-2 BOTTOM EA 4 $2'800.00 Two Thousand Eight $11,200.00 110 -1 -1 CLEARING & GRUBBING LS 0 Zero $0.00 110 -4 REMOVAL OF EXISTING SY 32 $10.00 Ten Dollars $320.00 PATHWAY CONCRETE) Dollars 110 -6 DEMOLITION OF EXISTING LS 1 $10,000.00 Ten Thousand Dollars $10,000.00 9999 -4 DECK EA 2 y 120 -1 REGULAR EXCAVATION CY 100 $3T50 Thirty Seven Dollars Fifty Cents $3,750.00 120 -6 EMBANKMENT CY 100 $87.00 Eighty -Seven Dollars $8,700.00 160 -4 TYPE B STABILIZATION SY 55 $28.00 Twenty -Eight Dollars $1,540.00 519 -78 -30 BOLLARDS (FIXED) EA 6 $1,250.00 One Thousand Two Hundred Fifty $7,500.00 9999 -6 NCLUDING DECKING AND SY 470 Dollars MISC CONCRETE (RAMP ONLY) INCLUDING WALLS & SY $265.00 Two Hundred Sixty Five Dollars $11,925.00 522 -1 SLAB 45 CONCRETE SIDEWALK (6" $200.00 Two Hundred Dollars $25,400.00 522 -2 ONC,) INCLUDING SY 127 SHELTER SLAB STAINLESS STEEL CABLE $199.00 One Hundred Ninety-Nine Dollars $113,231.00 550 -10 -3 AILING SYSTEM WJ WOOD LF 569 I acknowledge receipt of Addenda No.(s) No. 1 Dated 12/14/2017 No. Dated No. Dated ■ PROPOSAL FORM 00120- Page 25 of 289 $15,000.00 Fifteen Thousand Dollars $15,000.00 580 -1 VEES, SHRUBS, TOPSOIL, LS 1 FERT 9999 -0 NTERPRETIVE PANELS (F &I) EA 4 $2,400.00 Two Thousand Four Hundred Dollars $9,600.00 9999 -1 VIEWING SCOPES (F &I) EA 4 $7,800.00 Seven Thousand Eight Hundred $31,200.00 Dollars 9999-2 BENCHES (F &I) PIER NCLUDING ANCHOR SYSTEM EA 4 $2'800.00 Two Thousand Eight $11,200.00 Hundred Dollars 9999-3 BENCH (F &I) SHELTER EA 2 $2,700M0 Two ousan even un T Thousand S Hundred $5,40x.00 NCLUDING ANCHOR SYSTEM Dollars PRE - ENGINEERED METAL $26,000.00 Twenty-Six Six Thousand Dollars $52,000.00 9999 -4 STAIRS (F &I) INCLUDING EA 2 y FOUNDATION 9999-5 SHELTER STRUCTURE (F &I) L 1 $48,000.00 Forty-Eight Thousand Dollars $48,000.00 INCLUDING FOUNDATION FIBERGLASS DECKING $'55.00 Two Hundred Fifty -Five Dollars $119,850.00 9999 -6 NCLUDING DECKING AND SY 470 OOD FRAME I acknowledge receipt of Addenda No.(s) No. 1 Dated 12/14/2017 No. Dated No. Dated ■ PROPOSAL FORM 00120- Page 25 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Business Name. : CHARLEY TOPPINO & SONS, INC DBA: Business 59- 2426906 EIN # Business 129 TOPPINO INDUSTRIAL DR Address: City, KEY WEST, FL 33040 State, Zip Phone: 305 - 296 -5606 Mailing PO BOX 787 Address: City,State KEY WEST, FL 33041 ,Zip Local Phone: 305 - 296 -5606 The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bid or proposal. Date: Signed: Printed: Title: Witness: PROPOSAL FORM 00120- Page 27 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER SECTION 00120 NON - COLLUSION AFFIDAVIT I FRANK TOPPINO of the city KEY WEST, FL according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am PRESIDENT of the firm o f CHARLEY TOPPINO & SONS, INC the proposer making the Proposal for the project described in the notice for calling for proposals for: BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge of said project. (Signature of Proposer) (Date) STATE OF: FL COUNTY OF: MONROE PERSONALLY APPEARED BEFORE ME, the undersigned authority, t'" ,_x w who, after first being sworn by me, (name of individual signing) affixed his /her signature in the space provided above. on this My commission expires: day of , 20 MICHAEL LABRADA State of Florida- Notary Public Commission # GG 116317 My Commission Expires J 1. 221 PROPOSALFORM IC 00120- Page 29 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE CHARLEY TOPPINO & SONS, INC (Company) warrants that he /it has not employed, retained or otherwise had act on his /its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee ". (Signature) Date: STATE OF: FL COUNTY OF: MONROE ]] Subscribed and sworn to (or affirmed) before me on , 1'f� _ (date) by t (name of affiant). He /She is personally Known t or has produced My commission expires: as identification. (Type of identification) NOTARY PUBLIC MICHAEL LABRADA � of Florida- Notary Public °* w Commission # GG 116317 4 My Commission Expires i'if'i'FSF fL+.. Jo June 19, 2021 PROPOSAL FORM 00120- Page 30 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: CHARLEY TOPPINO & SONS, INC (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. PROPOSAL FORM 00120- Page 31 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER PUBLIC ENTITY CRIME STATEMENT "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 a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither CHARLEY TOPPINO & SONS, INC (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty -six (36) months. (Signature) Date: STATE OF: FL COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me on the day of 20 , by (name of affiant). He /She is rsonll known to a or has produced (type of identification) as identification. s } =sag +,, MICHAEL LABRADA My Commission Expires: �� - "'AState of Florida- Notary Public *= Commission # GG 116317 M y Commission Expires June 19, 2021 NOTARY UBLIC all 11 PROPOSAL FORM 00120- Page 32 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph # w /area code Fax: Cell: Address 26 00 00 Check Electric Karel Bublak Ph: 305 - 292 -3369 Fax:305- 916 -5299 3255 Flager Ave, Unit 303, Key West, FL 33040 05 00 00 Hernandez Ornamental Iron Works Ph: 305 - 592 -7296 1910 NW96th Ave, Doral, FL 33172 32 96 00 Blue Native of the Florida Keys Louis Perez Ph:305- 345 -5305 Fax:305 -489 -6489 197 Industrial Rd. Big Pine Key, FL 33043 Multiple Coffin Marine John Coffin Ph: 305 - 872 -8863 Fax: 305 - 872 -5613 PO BOX 430538, Big Pine Key, FL 33043 ......:..: PROPOSAL FORM 00120- Page 33 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER SECTION 00130 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre- staging of personnel and material), the Contractor shall obtain, at his /her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub - Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self- insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: Certificate of Insurance or A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. INSURANCE REQUIREMENTS AND FORMS 00130- Page 34 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER The acceptance and /or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County -owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. INSURANCE REQUIREMENTS AND FORMS 00130- Page 35 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR SCENIC HIGHWAY OVERLOOKS AT THE BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self- insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. INSURANCE REQUIREMENTS AND FORMS 00130- Page 36 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER GENERAL LIABILITY INSURANCE REQUIREMENTS FOR SCENIC HIGHWAY OVERLOOKS AT THE BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: $1,000,000 Combined Single Limit An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00130- Page 37 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR SCENIC HIGHWAY OVERLOOKS AT THE BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non - Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Employers Liability Statutory Limits $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease Policy Limits $1,000,000 Bodily Injury by Disease, each employee General Liability, including Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability $1,000,000 Combined Single Limit Vehicle Liability (Owned, non - owned, and hired vehicles) $1,000,000 Combined Single Limit If split limits are preferred: Builder's Risk: Not Required $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the Florida Department of Transportation, COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any 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) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub - contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). 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. INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER In the event that the completion of the project (to include 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. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. To the fullest extent permitted by law, the Agency's contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Transportation, and its 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 contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. CHARLEY TOPPINO & SONS, INC via PROPOSER Signature INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY General Liability Automobile Liability Worker's Compensation Liability policies are x Occurrence Marsh & McLennan Agency Insurance Agency DEDUCTIBLES no deductible no deductible Statutory - no deductible Claims Made Signature End of Section 00130 INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 289 ACOPRO CERTIFICATE OF LIABILITY INSURANCE [ DATE (MMIDDIYYYY) ' 7/14/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh & McLennan Agency LLC PHONE F v 1 305 591 0090 Ax tAIc.Ni.212 -948 5665 9850 N.W. 41stStreet Suite 100 E-MAIL certsmia m ma -fl.com ADDRESS: � _ INSURER Si AFFORDING COVERAGE NAIL9 Miami FL 33178 INS A :Travelers Indemnit Co of America _'25666 INSURED CHARLTOPPI INSURER B Phoenix Insurance Company_ 125623 Charley Toppino & Sons Inc. INSURERC:Travelers Property C Co of Am er 3 Monroe Concrete Products Inc, ' P.O BOX 787 INSURER D I Key West FL 33041 INSURER E _ . INSURER F: COVERAGES CERTIFICATE NUMBER: 235355904 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR (.... ,.. ,, .... .... ...... ... ...._...._.. ..- ........ ADOLrSUBR'... . __. ........_ ......... ......_.. LTR TYPE OF NSURANCE INSD I WVO I POLICY NUMBER POLICYEFF M POLCCY EXF..j ........ _ MMIDOMYY MMfoofyYYY I LIMITS A X I COMMERCIAL GENERAL LIABILITY CO3202M18117 5/19/2017 5/19/2018 EACH OCCURRENCE $2,000,000 BAR fia(��fiE(ef ' - CLAIMS -MADE X ,OCCUR _) REMt$$ S (Ea QccurTngp), $300,000 - - - -- I ..... .... - ... MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $2,000,000 GE N'LAGGREG_ ATE LIMIT APPLIES PER: GE NERALAGGREGATE , $4,000,000 {) POLICY X i JPRO T .I LOC €PRODUCTSCOMP /OP AGG ,.,.....� ..A..- ..,,�. $2 000 000 I OTHER: j � 1 € $ A AUTOMOBILE LIABILITY 8103202M1817 1 5/1912017 5/19/2019 (E&acde�s L $1000000 X ANY AUTO ( BODILY INJURY (Per person) $ OWNED SCHEDULED i I ` BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS F X HIRED NON -OWNED X $ AUTOS ONLY AUTOS ONLY Nar acc dontl _ — 7 I $ C X UMBRELLA LIAB OCCUR UP3J65722117 1 5/19/2017 5/19/2018 OCCURRENCE $10,000,000 AGGREGATE E %CESSLIAB CLAIMS-MADE B '' i DED 1 X _ RETENTION $10.000 WORKERS COMPENSATION '' UB3202M18117 1 5/19/2017 5/19/2018 PER OTH- X _$10, 000,000 $ AND EMPLOYERS' LIABILITY Y / N STATUTE E ANY PROPRIETOR/PARTNER /EXECUTIVE F7 OF EXCLUDED? N/A E.L EACH ACCIDENT $1,000,0 (Mandatory in NH) E.L. DISEASE - EA EMPLOYES $1,000 If yes, describe under DESCRIPTION OF OPERATIONS below E . DISEASE - POLICY LIMIT 1 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) FOR BID PURPOSES. THIS CERTIFICATE PROVIDES PROOF OF INSURANCE ONLY, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County Commissioners (BOCC) THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West FL 33040 AUTHORIZED REPRESENTATIVE 7 r` i5 rt ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER SECTION 00140 PRE - PROPOSAL SUBSTITUTIONS PART 1 - GENERAL 1.1 Document includes A. Pre - Proposal Substitutions 1.2 PROPOSER'S OPTIONS A. For products specified only by reference standard, select product meeting that standard, by any manufacturer. B. Not used. C. For Products specified by naming several products or manufacturers and stating "or equivalent ", "or equal ", or "Project Management approved equivalent ", or similar wording, submit a request for substitutions, for any product or manufacturer which is not specifically named for review and approval by Owner and Architect. D. For products specified by naming only one (1) product/manufacturer, there is no option and no substitution will be allowed. 1.3 SUBSTITUTIONS A. Base Proposal shall be in accordance with the Contract Documents. 1. Substitutions for products may be made during the proposal process by submitting completed substitution request form and substantiating product data /literature a minimum of ten (10) calendar days prior to the Proposal Date to Project Management. 2. Project Management will consider requests utilizing this section from the Proposer for substitution of products in place of those specified. 3. Those submitted fifteen (15) calendar days prior to Proposal Due Date will be included in an addendum if acceptable. 4, Substitution requests may be submitted utilizing a facsimile machine (FAX) if substitution request forms and substantiating data are submitted. B. Submit separate request for each substitution. Support each request with: Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature, identifying: 1) Product description. PRE - PROPOSAL SUBSTITUTIONS 00140- Page 42 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 2) Reference standards. 3) Performance and test data. C. Samples, as applicable. d. Name and address of similar projects on which product has been used and date of each installation. 2. Itemized comparison of the proposed substitution with product specified, listing significant variations. 3. Data relating to changes in construction schedule. 4. All effects of substitution on separate contracts. 5. List of changes required in other work or products. 6. Designation of required license fees or royalties. 7. Designation of availability of maintenance services, sources of replacement materials. C. Substitutions will not be considered for acceptance when, 1. Acceptance will require substantial revision of Contract Documents. 2. In the judgment of the Owner, the substitution does not include adequate information necessary for a complete evaluation. D. The Owner will determine the acceptability of any proposed substitution. 1.4 PROPOSER'S REPRESENTATION A. In making formal request for substitution, the Proposer represents that: 1. He /She has investigated the proposed product and has determined that it is equivalent to, or superior in all respects to that specified. 2. He /She will provide same warranties or bonds for substitution as for product specified. 3. He /She will coordinate installation of accepted substitution into the Work, and will make such changes as may be required for the Work to be complete in all respects. 4. He /She waives claims for additional costs caused by substitution which may subsequently become apparent. 5. Cost data is complete and includes related costs under his /her Contract, but not: a. Costs under separate contracts. b. Architect/Engineer's costs for redesign or revision of Contract Documents. 6. Cost data need not be submitted, if request is for inclusion in an addendum. 1.5 PROJECT MANAGEMENT'S DUTIES A. Review requests for substitutions with reasonable promptness. PRE - PROPOSAL SUBSTITUTIONS 00140- Page 43 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER B. Issue an addendum to identify accepted substitutions. C. Substitution requests that are not approved will be returned to the party submitting the request. 1.6 SUBSTITUTION REQUEST FORM A. The form is attached to this Section. B. Substitutions will be considered only when the attached form is completed and included with the submittal with all required back -up data. PRE - PROPOSAL SUBSTITUTIONS 00140- Page 44 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER SUBSTITUTION FORM TO: Project Management PK I We hereby submit for your consideration the following product instead of the specified item for the above project: Drawinq No. I Drawing Name I Spec Sec. I Spec Name I Paraqraph I Specified Item Proposed Substitution: �/ Attach complete information on changes to Drawings and /or Specifications which proposed substitution will require for its proper installation. Submit with request necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for equal performance, equal design and compatibility with adjacent materials. Submitted By: ` 9 Signature Title Firm Address City / State / Zip Code Telephone Date Signature shall be by person having authority to legally bind his /her firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. For use by Project Management: Approved Approved as noted Not Approved Received too late Insufficient data received 2 Date ......:..: PRE - PROPOSAL SUBSTITUTIONS 00140- Page 45 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes: B. Will the undersigned pay for changes to the building design, including engineering and detailing costs, caused by the requested substitution? Yes No If no, fully explain: C. What effect does substitution have on other Contracts or other trades? D. What effect does substitution have on construction schedule? E. F G H Manufacturer's warranties of the proposed and specified items are: Same Different. Explain: Reason for Request: Itemized comparison of specified item(s) with the proposed substitution; list significant variations: Designation of maintenance services and sources: (Attach additional sheets if required.) End of Section 00140 ......:..: PRE - PROPOSAL SUBSTITUTIONS 00140- Page 46 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER SECTION 00200 SITE SURVEY A. The Plat of Survey and other survey data, are available in the Office of Project Management for review, and are for the general information of the proposer. The data contained was prepared by the Owner for the Architect's use for the design of the project, and neither the Owner nor the Architect, nor Project Management make any representation, guarantee of warranty as to the accuracy or completeness of data indicated, expressed or implied. B. Proposers shall visit the site; make their own investigations, assumptions and conclusions as to the nature and extent of existing surface and overhead conditions affecting the work. Neither the Owner nor the Architect, nor Project Management will be responsible for additional type or extent of work required to be performed under the Contract due to any assumptions or conclusions by the successful proposer based upon the survey information provided. End of Section 00200 SITE SURVEY 00200- Page 47 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER SECTION 00350 MILESTONE SCHEDULE /LIQUIDATED DAMAGES This section contains the project milestone schedule. The Contractor is required to determine his /her proposed schedule to meet these milestone dates. The Contractor is to note the following special milestone dates. 1. Proposal Documents Available 12/13/2017 2. Pre - Proposal Conference 12/20/2017 3. Last Day to Submit RFI's 12/29/2017 4. Proposal Due Date 01/17/2018 5. Notice to Proceed & Pre - Construction Meeting (Anticipated) 04/27/2018 6. Substantial Completion (Anticipated) 09/26/2018 The Contractor shall commence performance of this Contract within ten (10) calendar days after the date of issuance to the Contractor by Owner of the Notice to Proceed. Once commenced, Contractor shall diligently continue performance until completion of the Project. The Contractor shall accomplish Substantial Completion of the Project within one hundred fifty (150) calendar days. The Contractor shall accomplish Final Completion of the Project within thirty (30) calendar days thereafter. The term "Substantial Completion" as used herein shall mean that point at which, as certified in writing by Project Management, the Project is at a level of completion in strict compliance with this Contract such that the Owner or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete and such partial use or occupancy shall not be evidence of Substantial Completion. The term "Final Completion" as used herein shall mean that point at which, as certified in writing by Project Management, that the Project is one hundred percent (100 %) complete and in conformance with the Contract. LIQUIDATED DAMAGES Conditions Under Which Liquidated Damages Are Imposed —The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature MILESTONE SCHEDULE 00350- Page 48 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. Original Contract Amount $500,000 but less than $2,500,000 Daily Charge Per Calendar Day $1,584 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. End of Section 00350 MILESTONE SCHEDULE 00350- Page 49 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER SECTION 00120 PROPOSAL FORM The Proposal shall be submitted on the forms included in this section of the Proposal Documents as previously instructed herein. Item Description 1. Proposal Form 2. Bid Bond (Proposal Security) 3. Non - Collusion Affidavit 4. Lobbying and Conflict of Interest Clause 5. Drug -Free Workplace Form 6. Public Entity Crime Statement 7. Subcontractor Listing Form 8. Insurance Requirements and Checklist 9. Workers Compensation and Employers' Liability 10. General Liability 11. Vehicle Liability 12. Builders Risk (If needed) 13. Proposer's Insurance and Indemnification Statement 14. Insurance Agent's Statements 15. Attachment A 16. Contractor License: A Current Copy to be submitted with Proposal. Subcontractor Licenses to be Submitted Prior to Award of Notice to Proceed. INFORMATION REQUIRED TO BE PROVIDED Pages 20 -27 28 29 30 31 32 33 34 -35 36 37 38 39 39 -40 41 264 1. In order to determine if the persons or entity submitting proposals are responsible, all Proposals for contracts to be awarded under this section must contain the following information: A. A list of the entity's shareholders with five percent (5 %) or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of documentation demonstrating that the entity is a legally viable entity shall be attached. ......:..: PROPOSAL FORM 00120- Page 20 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER B. A list of the officers and directors of the entity. SEE ATTACHED C. Relevant Experience: The number of years the person or entity has been operating and, if different, the number of years it has been providing the service, goods, or construction services called for in the proposal specifications (include a list of similar projects). 55 YEARS D. The number of years the person or entity has operated under its present name and any prior names. 14 years under current name; previously named Toppino's, Inc since 1984 E. Answers to the following questions regarding claims and suits: a. Has the person or entity ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details of the job, including where the job was located and the name of the owner.) YES ❑ NO x❑ b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or its officers, directors, or general partners (this specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years)? (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES ❑ NO x❑ C. Has the person, principal of the entity, entity, or its officers, major shareholders or directors within the last five (5) years, been a party to any law suits or arbitrations with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES ❑ NO xQ d. Has the person, principal of the entity, or its officers, owners, partners, m!�or shareholders or directors, ever initiated litigation against Monroe PROPOSAL FORM 00120- Page 21 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER County or been sued by Monroe County in connection with a contract to provide services, goods or construction services? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES ❑ NO e. Whether, within the last five (5) years, the Owner, an officer, general partner, controlling shareholder or major creditor of the person or entity was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids. (If yes, provide details and information about the failure to perform services or furnish goods that will enable the Owner to thoroughly consider the matter.) YES ❑ NO x❑ f. Customer references (minimum of three), including name, current address and current telephone number. Credit References (minimum of three), including name, current address and current telephone number. SEE ATTACHED g. Financial statements for the prior three (3) years. Please provide in a separate sealed envelope for the Contractor's confidentiality, and clearly label the envelope "CONFIDENTIAL" one (1) original copy. ( "Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road or any other public works project is exempt from F.S. 119.07(1) and s.24(a), Art. 1 of the State Constitution. ") PROPOSAL FORM 00120- Page 22 of 289 CHARLEY TOPPINO & SONS, INC. P.O. BOX 787 KEY WEST, FL 33041 305 296 -5606 SHAREHOLDERS: FRANK TOPPINO EDWARD TOPPINO, SR DANIEL P. TOPPINO ANDREW TOPPINO RICHARD TOPPINO JOHN P. TOPPINO KEY EMPLOYEES: REY MARTINEZ LEO MONTIEL JOSE GUDALARAMA CLINT KUHNS MAT BUSSARD PRESIDENT 797 -5847 SECRETARY/TREASURER 744 -8443 ASSISTANT SECRETARY 745 -1645 ESTIMATOR 797 -5839 DIRECTOR TREASURER 797 -1002 FACILITIES MANAGER 239 595 -7262 CELL #: PROJECT ENGINEER 305 797 -1003 PROJECT SUPERINTENDENT 305 797 -3688 PROJECT SUPERINTENDENT 305 797 -0224 PROJECT SUPERINTENDENT 305 797 -1285 PROJECT SUPERINTENDENT 305 587 -1983 CHARLEY TOPPINO & SONS, INC. P.O. BOX 787 KEY WEST, FL 33041 305 296 -5606 PROFESSIONAL REFERENCES: FKAA: KURT ZELCH: 305 296 -2454 CITY OF KEY WEST: JIM SCHOLL 305 809 -3888 DL PORTER: GARY LOER (941) 929 -9400 FDOT: PATTY IVY 305 289 -6106 CREDIT REFERENCES NAME: ADDRESS PHONE CONCRETE PRODUCTS OF 460 Avenue S, (561) 842 -2743 PALM BEACHES, INC. Riviera Beach, FL 33404 FERGUSON ENT 1950 NW 18TH STREET 305 947 -0514 POMPANO BEACH, FL 33069 BBT BANK 1010 KENNEDY DR. 305 292 -3842 KEY WEST, FL STATE bF f t DEPARTMENT OF BUSINESS AMID PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD�� The GENERAL CONTRACTOR „ Named below HAS REGISTERED' Under the provisions of Chapter 489 FS..� Expiration date: AUG 31, 2019 (INDIVIDUAL MUST MEET ALL LOCAL LICENSING REQUIREMENTS PRIOR TO CONTRACTING IN ANY AREA) TOPPINO, FRANK P CHARLEY TOPPINO & SONS IN POST OFFICE BOX 787 ♦: ' KEY WEST FL 33041 -0787 ISSUED: 07/06/2017 DISPLAY AS REQUIRED BY LAW SEQ # L1707060000534 c 2017 / 2018 MONROE COUNTY BUSINESS TAX RECEIPT 0 EXPIRES SEPTEMBER 30, 2018 RECEIPT# 30140 -89799 Business Name: CHARLEY TOPPINO & SONS INC L Owner Name: FRANK TOPPING, JOHN P TOPPINO QUAL Business Location: KEY WEST, FL 33040 Mailing Address: BOX 787 Business Phone: 305- 296 -5606 KEY WEST, FL 33041 Business Type: CONTRACTOR (GENERAL & ENGINEERING CONTRACTORS) U Employees 70 u COMP CARD: ENG I 01A /GC 152A STATE LICENSE: CG_C1518488 250.00 0.00 250.00 O.OD 0.00 Colle C O 00 Total P25 Tax A mount T ransfer Fee Sub To Penalty Pnor Ye r s 6...___ -- Paid 122 -16- 00002493 08/17/2017 250.00 THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND /OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041 -1129 EXPIRES SEPTEMBER 30, 2018 Business Name: CHARLEY TOPPING &SONS INC RECEIPT# 30140 -89799 US HWY 1 Business Location: KEY WEST, FL 33040 Owner Name: FRANK TOPPINO, JOHN P TOPPINO QUAL Mailing Address: Business Phone: 305 - 296 -5606 BOX 787 Business Type: CONTRACTOR (GENERAL & ENGINEERING KEY WEST, FL 33041 CONTRACTORS) Employees 70 COMP CARD: ENG I 131A /GC 15 STATE LICENSE: CGC1518488 Tax Amount Transfer Fee S - Total P enalty Prior Y ears Collection C 0.001 ost Total Paid _ u' _ _ .. 250.00 0.00 250A0 0 00 0 00 �.. ..__..._ ....... _ :...M.. -__ ..._ .. 250.00 , Paid 122 -16- 00002493 08/17/2017 250.00 • 9 0 i STATE OF R 3RIDA DEPARTMENT OF TRMISPO RTATION 52501046 LAP CERTIFICATION OF CURRENT CAPACITY PRO GRAM "A.NAGE,EMT ±u,9 Page ? of 2 CONFIDENTIAL Fill in your FDOT Vendor Number For bids to be received on � I i ' � _ q I I /_ f � (Letting Date) VF� 1' �'' 2 Y1 5L (� 1. (Only applicable to FDOT pre-qualified contractors) CERTIFICATE I hereby certify that the amount of any proposal submitted by this bidder for the above letting does not exceed the amount of the Firm's CURRENT CAPACITY (maximum capacity rating less total uncompleted work). The total uncompleted work as shown on the "Status of Contracts on Hand" report (page 2) S 11 4 0 { I further certify that the "Status of Contracts on Hand" report (page 2) was prepared as follows 1 If the letting is before the 25" day of the month, the certificate and report reflect the uncompleted work as of the 15' day of the month, last preceding the month of the letting. 2. If the letting is after the 25 day of the month, the certificate and report reflects the uncompleted work in progress as of the I5 h day of the month of the letting. 3. All new contracts (and subcontracts) awarded earlier than five days before the letting date are included in the report and charged against our total rating. I certify that the information above is correct- 0 L, ,t. -1-CV PWO e NAME OF FIRM Sworn to and subscribed this day of a rct" 20 t By. .4 , a Title ATTACHMENT A 01770 -Page 264 of 289 D D n Z M z -4 v 4 Q C CU oa ru N O� o_ N 00 W STATUS OF CONTRACTS ON HAND (Furnish complete information about all your contracts, whether prime or subcontracts; whether in progress or awarded but not yet begun, and regardless of whom contracted with } 52511C-46 PFC= FF,[J 'A� `,AG EKTNT ' Fay _cr2 1 2 3 4 PROJECTS I SO MOU TO SU B L ERS C OWNER LOCATION AND DESCRIPTION 5 6 UNCOMPLETED AMOUNT TO BE DONE BY YOU AS PRIME AS CONTRACTOR SUBCONTRACTOR NOTE: Columns 2 and 3 to showtotal contract (or subcontract) amounts. Column 4 to be difference TOTALS S000 $000 between columns 2 and 3. Amount in columns 5 or 6 to be uncompleted portion of amount in column 4. All amounts to be shown to nearest $100 The Contractor may consolidate and list as a single item all D WORK ON NC OMPLET E contracts which, individually, do not exceed 3% of total, and which, in the aggregate, amount to less than HAND TOTAL U U C DONE E YOU 50.00 20% of the total. (TOTAL COLUMNS 5 AND 6) P • +• r • • r •' r • r r r • rrr ' •' M • r PROJECT DESCRIPTION Adjusted Contract Value Column 2 Amount Sublet To Others Column 3 Balance of Contract Amount Column 4 BALANCE TO COMPLETE Columns 5& 6 REEF ENTERPRISE, L-C: ENCLAVE AT RIVIERA $ 386,153.65 $ $ 386,153.65 $ 51,907.34 JEWEL CONSTRUCTION: OLD TOWN VILLAS $ 575,621.00 $ 5 575,621.00 $ 68,176.55 CITY OF KEY WEST: VFDs $ 3,700,32111 $ $ 3,700,323.11 $ 444.00 CITY OF KEY WEST: TRUMAN WATERFRONT $ 14,719,868.05 $ 6,000,000.00 $ 8,719,868.05 $ 1,500,000.00 THE LANDINGS AT KEY HAVEN ESTATES, LLC $ 1,050,000.00 $ $ 1,050,000.00 $ CITY OF KEY WEST: GUSC DONALD AVE $ 446,789.20 $ $ 446,789.20 $ 30,000.00 FKAA: KEY HAVEN UTILITIES IMPROVEMENT $ 2,779,313.80 $ 200,000.00 $ 2,579,313.80 $ 340,000.00 ROCKFORD CONSTRUCTION: POINCIANA HOUSING $ 938,912.00 $ • $ 938,912.00 $ 117,406.70 FKAA: BOCA CHICA PUMP STATION DN HIGGINS: KEY HAVEN TEMPORARY INJECTION WELLS $ $ 2,020,468.00 80,000.00 $ 100,000.00 $ . $ $ 1,920,468.00 80,000.00 $ 100,000.00, $ 9,500.00 MONROE COUNTY: KWIA DRAINAGE GAKAP146 $ 1,655,480.85 $ 400,000.00 $ 1,255,480.85 $ 985,000.00 ABC CONSTRUCTION, INC: KWIA APRON $ 1,020,832.00 $ 100,000.00 $ 920,832.00 $ 495,000.00 WEEKLY ASPHALT: BLIMP ROAD $ 79,014.00 $ - $ 79,014.00 $ 30,027.00 ENCHANTED ISLAND UTILITY CONNECT $ 481,025.00 $ $ 481,025.00 $ 481,025.00 GENERAL ASPHALT: MARATHON FDOT E -6196 $ 1,010,539.33 $ 100,000.00 $ 910,539.33 $ 300,000.00 SAINT MARY'S ACTIVITY CENTER $ 1,785,107.80 $ 1,500,000.00 $ 285,107.80 $ 75,000.00 CITY OF KEY WEST: WO #3 WINDSOR LN CITY OF KEY WEST: WO #5 WHITEHEAD SIDEWALKS CITY OF KEY WEST: WO #7 SOUTHARD MILL AND PAVE $ $ $ 17,488.45 105,530.50 600,528.28 $ $ $ 300,000.00 $ $ $ 17,488.45 105,530.50 300,528.28 $ $ 86,460.20 $ 50,000.00 HOB BUS LOOP: MCSD $ 723,700.00 $ 50,000.00 $ 673,700.00 $ 100,000.00 MONROE COUNTY STOCK ISLAND ROADWAY & DRAINAGE $ 3,953,134.47 $ 450,000.00 $ 3,503,134.47 $ 3,100,000.00 AJAX BUILDING CORP /GERALD ADAMS $ 4,392,785.81 $ 200,000.00 $ 4,192,785.81 $ 1,900,000.00 SUNSET KEY UTILITY CONNECTION $ 501,048.00 $ 100,000.00 $ 401,048.00 $ 26,429.75 CKW: PAVEMENT MARKINGS, STRIPING, SIGNAGE $ 311,354.55 $ - $ 311,354.55 UNITED & GRINNELLST WATER MAIN IMPROVEMENTS $ 527,921.24 $ $ 527,921.24 $ 50,000.00 TRUMAN AMPHITHEATER/MOLE PIER $ 183,593.00 $ $ 183,593.00 $ 5,599.75 FDOT PUSH BUTTON CONTRACT /STRAIGHT AHEAD CONSTRI $ NILESSHOWROOM /MARINO CONSTRUCTION $ 88,999.21 241,522.00 $ $ $ 88,999.21 241,522.00 $ (0.00) $ 241,522.00 BANNER TIRE DEMO/ REEL DEVELOPERS $ 60,000.00 $ 60,000.00 $ 60,000.00 D.L. PORTER: SMATHERS BATHROOM $ 95,000.00 $ $ 95,000.00 $ 95,000.00 KWIA RUNWAY /GENERAL ASPHALT $ 2,322,853.50 $ $ 2,322,853.50 $ 1,750,000.00 KEY HAVEN FM TRANSMISSION: FKAA $ 2,762,000.00 $ 1,200,000.00 $ 1,562,000.00 $ 1,562,000.00 • Amount To be Completed by Charley Toppino & Sons $ 13,610,498.29 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Disadvantaged Business Enterprise Program. Disadvantaged Business Enterprise Affirmative Action Plan: Prior to award of the Contract, have an approved Disadvantaged Business Enterprise (DBE) Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded until the Department approves the Plan. The DBE Affirmative Action Program Plan is incorporated into and made a part of the Contract. Required Contract and Subcontract DBE Assurance Language: In accordance with 49 CFR 26.13 (b), the Contract FDOT signs with the Contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The Contractor, sub - recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to, 1. Withholding monthly progress payments; 2. Assessing sanctions; 3. Liquidated damages; and /or 4. Disqualifying the Contractor from future bidding as non - responsible." Plan Requirements: Include the following in the DBE Affirmative Action Program Plan: 1. A policy statement, signed by an authorized representative (president, chief executive officer, or chairman of the contractor), expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible, outlining the various levels of responsibility, and stating the objectives of the program. Circulate the policy statement throughout the Contractor's organization. 2. The designation of a Liaison Officer within the Contractor's organization, as well as support staff, necessary and proper to administer the program, and a description of the authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing, managing, and implementing the program on a day -to -day basis for carrying out technical assistance activities for DBEs and for disseminating information on available business opportunities so that DBEs are provided an equitable opportunity to participate in Contracts let by the Department. 3. Utilization of techniques to facilitate DBE participation in contracting activities which include, but are not limited to: a. Soliciting price quotations and arranging a time for the review of Plans, quantities, specifications, and delivery schedules, and for the preparation and presentation of quotations. b. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing, or technical assistance. c. Carrying out information and communication programs or workshops on contracting procedures and specific contracting opportunities in a timely manner, with such programs being bilingual where appropriate. d. Encouraging eligible DBEs to apply for certification with the Department. e. Contacting Minority Contractor Associations and city and county agencies with programs for disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the Department. ATTACHMENT A 01770 -Page 266 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER DBE Records and Reports: Submit the following through the Equal Opportunity Compliance System: 1. DBE Commitments - at or before the Pre- Construction Conference. 2. Report monthly, through the Equal Opportunity Compliance System on the Department's Website, actual payments (including retainage) made to DBEs for work performed with their own workforce and equipment in the area in which they are certified. Report payments made to all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and MBE construction material and major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following: 1. the procedures adopted to comply with these Specifications; 2. the number of subordinated Contracts on Department projects awarded to DBEs; 3. the dollar value of the Contracts awarded to DBEs; 4. the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the total Contract amount; 5. a description of the general categories of Contracts awarded to DBEs; and 6. the specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the Department for review. Maintain all such records for a period of five years following acceptance of final payment and have them available for inspection by the Department and the Federal Highway Administration. Counting DBE Participation and Commercially Useful Functions: 49 CFR Part 26.55 specifies when DBE credit shall be awarded for work performed by a DBE. DBE credit can only be awarded for work actually performed by DBEs themselves for the types of work for which they are certified. When reporting DBE Commitments, only include the dollars that a DBE is expected to earn for work they perform with their own workforce and equipment. Update DBE Commitments to reflect changes to the initial amount that was previously reported or to add DBEs not initially reported. When a DBE participates in a contract, the value of the work is determined in accordance with 49 CFR Part 26.55, for example: 1. The Department will count only the value of the work performed by the DBE toward DBE goals. The entire amount of the contract that is performed by the DBE's own forces (including the cost of supplies, equipment and materials obtained by the DBE for the contract work) will be counted as DBE credit. 2. The Department will count the entire amount of fees or commissions charged by the DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services or for providing bonds or insurance specifically required for the performance of a Department- assisted contract, toward DBE goals, provided that the Department determines the fees to be reasonable and not excessive as compared with fees customarily followed for similar services. 3. When the DBE subcontracts part of the work of its contract to another firm, the Department will count the value of the subcontracted work only if the DBE's ATTACHMENT A 01770 -Page 267 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER STATE OF FLCR DA DEP:U7 -rvI ENT OF TRANSPOR TAT'ON 37' CERTIFICATION REGARDING DEBARMENT SUSPENSION, aPOCUREMS, lipE INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of Consultant/Contractor l C r, 0 )O G By: Date Title Instructions for Certification Instructions for Certification - 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 180 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 this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d The terms "covered transaction," "debarred," " suspended," "ineligible," " 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 orsubgrantee 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 or agency with which this transaction originated f, The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction, " without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions 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 tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https:lhwww.epls.gov0, 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 nursue available remedies including susnension andfordebarment ATTACHMENT A 01770 -Page 271 of 289 ■ ......:..: 9 a BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375 -030 -91 Vendor Eligibility Check Prior to Contract Award PROCURE 100 116 Project Description(s): Financial Project Number(s): In accordance with State law: Section 287.133(2)(b), Florida Statutes, provides that public entities may not contract with firms that have been excluded from participating in the public contracting process. A public entity may not accept any bid, proposal, or reply from, award any contract to, or transact any business in excess of the threshold amount provided in s. 287.017. F.S., for CATEGORY TWO with any person or affiliate on the convicted vendor list for a period of 36 months following the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), F.S. A public entity that was transacting business with a person at the time of the commission of a public entity crime resulting in that person being placed on the convicted vendor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. A contract award (reference 2 CFR 180.220) must not be made to parties listed on the government -wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." Pursuant to 23 CFR 172.7(b)(3), a contracting agency shall verify suspension and debarment actions and eligibility status of consultants and subconsultants prior to entering into an agreement or contract in accordance with 2 CFR part 1200 and 2 CFR part 180, when the identities of such subconsultants are known prior to execution of the subject agreement or contract. The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Convicted Vendor List/ Suspended Vendor List / Discriminatory Vendor List / Federal Excluded Parties List/ Vendor Complaint Lists are available at the following Department of Management Services site: irtt +° Uvw , lrns,rrr r1 � cr nTt a lvr ss ooerati r)s st4l urchasingb vendor information /convicted susiend ed disctirtainator rotTi. faints vendor lists I have checked the aforementioned lists to verify that the vendor (and all subs where known) is eligible for contract award /execution: Procurement Office or Contracting Awarding Office: ATTACHMENT A 01770 -Page 272 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 375-03033 PROCUREMENT 10A1 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL -AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: (1) 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 of 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. (2) 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 of Lobbying Activities ", in accordance with its instructions. (Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) 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 Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Consultant:c�v,� e�- �soms By Date: 1 1:�, t J Authorized Signature Title: ATTACHMENT A 01770 -Page 273 of 289 12"T m�.7 7� br a •�- � �, �'� 7 i OFF ^I�' ; C1 r'APPOR11T IV Trvf PT'A7,ilt DISCLOSURE OF LOBBYING ACTIVITIES Is this form applicable to your firm? YES ❑ NO Z If no, then please complete section 4 below for 'Prime" 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a contract a bid /offer /application a initial filing b grant b initial award b material change c. cooperative agreement c. post -award For Material Change Only: d loan Year: Quarter: e loan guarantee Date of last report: _ f loan insurance (mm/dd/yyyy) 4 Name and Address of Reporting Entity 5 If Reporting Entity in No 4 is a Subawardee, Enter Name and Prime ❑ Subawardee Address of Prime: Tier rf known Congressional District, ifknown: Con ressional District„ if known: 4c 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, ifapplicable 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, MI): 11. Infcrrnalion requested Through this farm is authorized by title 31 U S C section 1352 This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352.*wwww Slgnature: r Pflrlt Name —`. - •.•.• -•. This information will he available for public inspection. Any person who rails to file the required disclosure shall be subject _ Title. ' �-- to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telejrrl,or`te No Date (rnri Federal Use Only: Aurh onzed for Local Reproduction Standard Form LLL (Rev 7 -97) ATTACHMENT A 01770 -Page 274 of 289 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER '.S 1 1 TF OFFI OR:DAFIFR OF TRPPISPnRTAT;orI NON-COLLUSION DECLARATION AND COMPLIANCE WIT 4 ITEM /SEGMENT NO. F.A.P. NO.: _ MANAGING DISTRICT: PARCEL NO COUNTY OF BID LETTING OF: 1, FRANK TOPPINO hereby declare that I am (NAME) PRESIDENT (TITLE) of KEY WEST, FL of CHARLEY TOPPINO & SONS INC (FIRM) (CITY AND STATE) and that I am the person responsible within my firm for the final decision as to the price(s) and amount of this Bid on this State Project. I further declare that 1. The prices(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2 Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to the bid opening 3. No attempt has been made or will be made to solicit, cause or induce any other firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non - competitive bid or other form of complementary bid 4 The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project 7 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this Declaration. 8 As required by Section 337 165, Florida Statutes, the firm has fully informed the Department of Transportation in writing of all convictions of the firm, its affiliates (as defined in Section 337.165(I)(a), Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract or for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract This includes disclosure of the names of current employees of the firm or affiliates who were convicted of contract crimes while in the employ of another company ATTACHMENT A 01770 -Page 275 of 289 575- 01 d i - 13 ft lCilU (h 'NAY 9_ 1 certify that, except as noted below, neither my firm nor any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration of Federal funds: (a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 CFR §29 110(a), by any Federal department or agency; (b) has within a three -year period preceding this certification been convicted of or had a civil judgment rendered against him or her for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State or local government transaction or public contract; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property, (c) is presently indicted for or otherwise criminally or civilly charged by a Federal, State or local governmental entity with commission of any of the offenses enumerated in paragraph 9(b) of this certification, and (d) has within a three -year period preceding this certification had one or more Federal, State or local government public transactions terminated for cause or default 10. I(We), certify that I(We), shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract by any Federal Agency unless authorized by the Department Where I am unable to declare or certify as to any of the statements contained in the above stated paragraphs numbered (1) through (10) 1 have provided an explanation in the "Exceptions" portion below or by attached separate sheet. EXCEPTIONS: (Any exception listed above will not necessarily result in denial of award, but will be considered in determining bidder responsibility For any exception noted, indicate to whom it applies, initiating agency and dates of agency action Providing false information may result in criminal prosecution and/or administrative sanctions ) I declare under penalty of perjury that the foregoing is true and correct CONTRACTOR: (Seal) Executed on this l day of G Pt.tu r FAILURE TO FULLY COMPLETE AND EXECUTE' THIS DOCUMENT MTV YRESULT IN THE BID BEING DECLARED NONRESPONSIVE ATTACHMENT BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Agreement Between Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT made as of the March 21, 2018 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 And the Contractor: Charley Toppino & Sons, Inc. P.O. Box 787 Key West, FL 33041 For the following Project: SCENIC HIGHWAY OVERLOOKS AT THE BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Scope of the Work The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Specifications. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Specifications. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. The Scope of Work shall include, but not be limited to the construction of two Scenic Vistas in Monroe County, Florida as part of the Overseas Heritage Trail System. The vista at Big Pine Key in Big Pine Community Park consists of the construction of a scenic overlook including installation of wood piles, wood framing and decking, wood railing system, interpretive sign panels, viewing scopes, concrete approach path and connection to existing pathway, drainage pipe and minor swale reconstruction, benches, LED solar lighting, sod and tree removal. Work includes maintaining environmental Page 1 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER controls and maintenance of traffic, including pedestrian walkways, and all work shown and listed in the Project Drawings and Project Manual. The Contractor is required to provide a complete job as contemplated by the project drawings and the project manual, which are a part of this bid package. The Scope of Work for the Scenic Vista at Reynolds Street Pier shall include, but not be limited to the rehabilitation of the existing pier and the construction of a pedestrian plaza at the entrance to the pier. Work shall involve the installation of new fiber grate decking, stainless steel and wooden handrails, interpretive sign panels, viewing scopes, replacement of two existing stairways leading into the water with new pre- engineered stainless steel stairs, reconstruction of the elevated concrete ramp to the pier, replacement of the existing sidewalk, installation of a pre- fabricated shelter pavilion, benches, concrete slabs, landscaping, tree grates and relocation of existing palm trees. Demolition and removal of the existing pier decking and approach slab are also included. Work includes maintaining environmental controls and maintenance of traffic, including pedestrian walkways, and all work shown and listed in the Project Drawings and Project Manual. The Contractor is required to provide a complete job as contemplated by the project drawings and the project manual, which are a part of this bid package. The Scope of Work consists of all related construction as shown on the Drawings and included in the Technical Specifications. Provide all labor, supervision, materials, supplies, equipment, tools, construction equipment, transportation, proper execution and completion of all Work as specified on the Drawings and Technical Specifications included in this Bid Package. Provide all records, documents and certifications required to comply with applicable provisions of the FDOT LAP program. The bidder is required to be prequalified as an FDOT approved contractor per FDOT Standard Specification 2 -1 — Prequalification of Bidders. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 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: N/A Page 2 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than one hundred fifty (150) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management'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. Original Contract Amount $500,000 but less than $2,500,000 Daily Charge Per Calendar Day $1,584.00 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. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Seven Hundred Sixty-Two Thousand Ei ht Hundred Fifty-Four and 75/100 Dollars ($762,854.75), 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: JState the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement then attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) Alternate # 1: No Alternates Specified 4.3 Unit prices, if any, are as follows: N/A ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. Page 3 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, 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 the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of ten percent (10 %) will be withheld in accordance with Section 218.735 (8)(b), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Page 4 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Monroe County is exempt from and not subject to Florida Statutes, Section 255.078, "Public Construction Retainage ". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management. 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 approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a downloadable CD /DVD of all the following, but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). 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. Page 5 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 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 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 proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals 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 thirty -six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five 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, Florida Statutes, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 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 Page 6 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 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. 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. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. 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) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If 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 Agreement is not subject to arbitration. i) 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. j) Nondiscrimination. The parties 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. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are Page 7 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§ 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 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 §§ 1201), as amended from time to time, relating to nondiscrimination in employment 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; and 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. k) 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. 1) 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. m) No Solicitation /Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and Page 8 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" 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 contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (2) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. Page 9 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119. 10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY - BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. o) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County 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. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) 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 Page 10 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 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. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. t) 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. u) 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. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the Florida Department of Transportation, COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any 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) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub - contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). 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 that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and Page 11 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. To the fullest extent permitted by law, the Agency's contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Transportation, and its 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 contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity. w) 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. x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not placed on Federal /State contracts; however, the Department has an overall 9.91% DBE goal. y) Agreements with Subcontractors. The contractor shall perform at least 30% of the work with its own forces. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Page 12 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Special Conditions, if any are detailed in Section 00100 of the Project Manual for this Project. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery Notice shall be sent to the following persons: For Contractor: Frank P. Topping Charley Topping & Sons, Inc. P.O. Box 787 Key West, FL 33041 For Owner: Director of Project Management Assistant County Administrator PW & E 1100 Simonton St. , Room 2 -215 1100 Simonton St. Key West, FL 33040 Key West, FL 33040 7.8 Title VI Assurance — DOT 1050.2A, Appendix A and Appendix E. During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: (1.)Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally- assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. (2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. (4.) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit Page 13 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and /or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and /or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.)Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and /or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the contract until the Contractor complies, and /or b. cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and /or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub - contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.)Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section Page 14 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100 -209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non - discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations, which ensures non - discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 7.9 Compliance with FHWA 1273: The FHWA -1273 must be physically incorporated in every contract and subcontract. The FHWA -1273 is included as ATTACHMENT A and available electronically at: late :I /www.fdot. govt )ro - iaaiaaa,n eaaaeiit/Ity )Ieincilte (l/U l in ees /Files/ lIWA 1 . ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Drawings: C -0 MAP -01 BPC -1 BPC -2 BPC -3 BCP -4 BCP -5 BPSU -1 BPD -1 BPC -6 BPC - 7 BPC -8 BPC -9 BPC -10 BPC -11 BPS -1 BPS -2 BPS -3 BPS -4 RSC -1 RSSU -1 RSD -1 Page 15 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER RSC -2 RSC -3 RSC -4 RSC -5 RSC -6 RSC -7 RSC -8 RSC -9 RSC -10 RSC -11 RSC -12 RSL -1 RSL -2 RSL -3 RSL -4 RSL -5 RSL -6 b) Project Manual: N/A 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: N/A 9.1.4 The Addenda, if any, are as follows: Number 1 December 14, 2017 This Agreement is entered into as of the day and year first written above and is executed in at least two (2) original copies of which one (1) is to be delivered to the Contractor. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 16 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. (SEAL) Attest: Kevin Madok, Clerk BY: Deputy Clerk Date (SEAL) CONTRACTOR'S Witnesses Attest: Contractor must provide two witnesses signatures Title; Date: Signatur } I /►f Title: Date : STATE OF FLORIDA, COUNTY OF MONROE COUNTY ATTORNEY 7, EIS AS TO FORM a ., - CHRIS AIMBROSIO ASSISTANT COUNTY ATTORNEY Date: On this day of r ' 20 before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above or who produced A . _ �as identification, and acknowledged that he /she is the person who executed the above contract with Monroe County for (Scenic Highway Overlooks at the Big Pine Water Observation Platform And Reynolds St. Pier) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor /Chairman Date //` Page 17 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER GENERAL REQUIREMENTS Where Project Management is Not a Constructor (ALL OF THESE GENERAL REQUIREMENT SECTIONS BELOW WERE INCLUDED IN THE REQUEST FOR PROPOSAL SOLICITATION DOCUMENT) Section 00750 Section 00970 Section 00980 Section 01015 Section 01027 Section 01030 Section 01040 Section 01045 Section 01050 Section 01200 Section 01301 Section 01310 Section 01370 Section 01385 Section 01395 Section 01410 Section 01421 Section 01500 Section 01520 Section 01550 Section 01560 Section 01590 Section 01595 Section 01600 Section 01630 Section 01640 Section 01700 Section 01710 Section 01720 Section 01730 Section 01740 General Conditions Project Safety and Health Plan Contractor Quality Control Plan Contractor's Use of the Premises Application for Payment Alternates Project Coordination Cutting and Patching Field Engineering Project Meetings Submittals Progress Schedules Schedule of Values Daily Construction Reports Request for Information — (RFI) Testing Laboratory Services Reference Standards and Definitions Temporary Facilities Construction Aids Access Roads and Parking Areas Temporary Controls Field Offices and Sheds Construction Cleaning Material and Equipment Post - Proposal Substitutions Product Handling Contract Closeout Final Cleaning Project Record Documents Operation and Maintenance Data Warranties GENERAL REQUIREMENTS Page 18 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER SECTION 01750 FDOT PROVISIONS Buy America: The Contractor agrees that it will comply with the requirements of 49 U.S.0 Section 5323 (j) (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. 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. 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. 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). Local Hiring Preference: The County will not include a Local Hiring Preference for this contract. 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. 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 FDOT PROVISIONS 01750 -Page 19 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER State Preference: No requirement will be imposed: (a) To require the use of or provide a price differential in favor of articles or materials produced within the State, or otherwise to prohibit, restrict or discriminate against the use of articles or materials shipped from or prepared, made or produced in any State, territory or possession of the United States; or (b) To prohibit, restrict or otherwise discriminate against the use of articles or materials of foreign origin to any greater extent than is permissible under policies of the Department of Transportation as evidenced by requirements and procedures prescribed by the FHWA Administrator to carry out such policies. End of Section 01750 FDOT PROVISIONS 01750 -Page 20 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER SECTION 01760 LAP DIVISION 1 SPECIFICATIONS. (REV 4- 19 -17) (7 -17) Construction Checklist Specifications From Department of Transportation Standard Specifications for Road and Bridge Construction The following excerpts from the Standard Specifications and Special Provisions are provided for use in LAP Specifications as needed in accordance with the Local Agency Program Checklist for Construction Contracts (Phase 58) — Federal and State Requirements (525- 070 -44) LAP DIVISION 1 SPECIFICATIONS 01760 -Page 21 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 9:100111101* W11154hilll< - r 1 0 ffwo1«3,`r 4 -3 Alteration of Plans or of Character of Work. 4 -3.1 General: The Engineer reserves the right to make, at any time prior to or during the progress of the work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction, whether a substantial change or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Engineer. Such increases, decreases or alterations shall not constitute a breach of Contract, shall not invalidate the Contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. The Contractor agrees to perform the work, as altered, the same as if it had been a part of the original Contract. The term "significant change" applies only when: 1. The Engineer determines that the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or 2. A major item of work, as defined in 1 -3, is increased in excess of 125% or decreased below 75% of the original Contract quantity. The Department will apply any price adjustment for an increase in quantity only to that portion in excess of 125% of the original Contract item quantity in accordance with 4 -3.2 below. In the case of a decrease below 75% the Department will only apply a price adjustment for the additional costs that are a direct result of the reduction in quantity. In (1) above, the determination by the Engineer shall be conclusive. If the determination is challenged by the Contractor in any proceeding, the Contractor must establish by clear and convincing proof that the determination by the Engineer was without any reasonable basis. 4 -3.2 Increase, Decrease or Alteration in the Work: The Engineer reserves the right to make alterations in the character of the work which involve a substantial change in the nature of the design or in the type of construction or which materially increases or decreases the cost or time of performance. Such alteration shall not constitute a breach of Contract, shall not invalidate the Contract or release the Surety. Notwithstanding that the Contractor shall have no formal right whatsoever to any extra compensation or time extension deemed due by the Contractor for any cause unless and until the Contractor follows the procedures set forth in 5 -12.2 for preservation, presentation and resolution of the claim, the Contractor may at any time, after having otherwise timely submitted a notice of intent to claim or preliminary time extension request pursuant to 5 -12.2 and 8- 7.3.2, submit to the Department a request for equitable adjustment of compensation or time or other dispute resolution proposal. The Contractor shall in any request for equitable adjustment of compensation, time, or other dispute resolution proposal certify under oath and in writing, in accordance with the formalities required by Florida law, that the request is made in good faith, that any supportive data submitted is accurate and complete to the Contractor's best knowledge and belief, and that the amount of the request accurately reflects what the Contractor in good faith believes to be the Department's responsibility. Such certification must be made by an officer or director of the Contractor with the authority to bind the Contractor. Any such certified LAP DIVISION 1 SPECIFICATIONS 01760 -Page 22 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER statements of entitlement and costs shall be subject to the audit provisions set forth in 5- 12.14. While the submittal or review of a duly certified request for equitable adjustment shall neither create, modify, nor activate any legal rights or obligations as to the Contractor or the Department, the Department will review the content of any duly certified request for equitable adjustment or other dispute resolution proposal, with any further action or inaction by the Department thereafter being in its sole discretion. Any request for equitable adjustment that fails to fully comply with the certification requirements will not be reviewed by the Department. The monetary compensation provided for below constitutes full and complete payment for such additional work and the Contractor shall have no right to any additional monetary compensation for any direct or indirect costs or profit for any such additional work beyond that expressly provided below. The Contractor shall be entitled to a time extension only to the extent that the performance of any portion of the additional work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. All time related costs for actual performance of such additional work are included in the compensation already provided below and any time extension entitlement hereunder will be without additional monetary compensation. The Contractor shall have no right to any monetary compensation or damages whatsoever for any direct or indirect delay to a controlling work item arising out of or in any way related to the circumstances leading up to or resulting from additional work (but not relating to the actual performance of the additional work, which is paid for as otherwise provided herein), except only as provided for under 5- 12.6.2.1. 4 -3.2.1 Allowable Costs for Extra Work: The Engineer may direct in writing that extra work be done and, at the Engineer's sole discretion, the Contractor will be paid pursuant to an agreed Supplemental Agreement or in the following manner: 1. Labor and Burden: The Contractor will receive payment for actual costs of direct labor and burden for the additional or unforeseen work. Labor includes foremen actually engaged in the work; and will not include project supervisory personnel nor necessary on -site clerical staff, except when the additional or unforeseen work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a Project Manager's position, shall only be for the pro -rata time such supervisory personnel spent on the contract. In no case shall an officer or director of the Company, nor those persons who own more than 1% of the Company, be considered as project supervisory personnel, direct labor or foremen hereunder. Payment for burden shall be limited solely to the following: LAP DIVISION 1 SPECIFICATIONS 01760 -Page 23 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Table 4 -3.2.1 Item Rate Holidays, Sick & Vacation Actual benefits Retirement benefits Actual Rates based on the National Council on Compensation Workers Insurance basic rate tables adjusted by Contractor's actual Compensation experience modification factor in effect at the time of the ad ditional work or unforeseen work. Per Diem Actual but not to exceed St ate of Florida's rate Insurance* Actual * Compensation for Insurance is limited solely to General Liability Coverage and does not include any other insurance coverage (such as, but not limited to, Umbrella Coverage, Automobile Insurance, etc.) At the Pre - construction conference, certify to the Engineer the following: a. A listing of on -site clerical staff, supervisory personnel and their pro- rated time assigned to the contract, b. Actual Rate for items listed in Table 4 3.2.1, c. Existence of employee benefit plan for Holiday, Sick and Vacation benefits and a Retirement Plan, and, d. Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested. Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work. 2. Materials and Supplies: For materials accepted by the Engineer and used on the project, the Contractor will receive the actual cost of such materials incorporated into the work, including Contractor paid transportation charges (exclusive of equipment as hereinafter set forth). For supplies reasonably needed for performing the work, the Contractor will receive the actual cost of such supplies. 3. Equipment: For any machinery or special equipment (other than small tools), including fuel and lubricant, the Contractor will receive 100% of the "Rental Rate Blue Book" for the actual time that such equipment is in operation on the work, and 50% of the "Rental Rate Blue Book" for the time the equipment is directed to LAP DIVISION 1 SPECIFICATIONS 01760 -Page 24 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER standby and remain on the project site, to be calculated as indicated below. The equipment rates will be based on the latest edition (as of the date the work to be performed begins) of the "Rental Rate Blue Book for Construction Equipment" or the "Rental Rate Blue Book for Older Construction Equipment," whichever is applicable, as published by Machinery Information Division of PRIMEDIA Information, Inc. (version current at the time of bid), using all instructions and adjustments contained therein and as modified below. On all projects, the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the Blue Book. Allowable Equipment Rates will be established as set out below: a. Allowable Hourly Equipment Rate = Monthly Rate /176 x Adjustment Factors x 100 %. b. Allowable Hourly Operating Cost = Hourly Operating Cost x 100 %. c. Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable Hourly Operating Cost. d. Standby Rate = Allowable Hourly Equipment Rate x 50 %. The Monthly Rate is The Basic Machine Rate Plus Any Attachments. Standby rates will apply when equipment is not in operation and is directed by the Engineer to standby at the project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on any day the equipment operates for eight or more hours. Standby payment will be limited to only that number of hours which, when added to the operating time for that day equals eight hours. Standby payment will not be made on days that are not normally considered work days on the project. The Department will allow for the cost of transporting the equipment to and from the location at which it will be used. If the equipment requires assembly or disassembly for transport, the Department will pay for the time to perform this work at the rate for standby equipment. Equipment may include vehicles utilized only by Labor, as defined above. 4. Indirect Costs, Expenses, and Profit: Compensation for all indirect costs, expenses, and profit of the Contractor, including but not limited to overhead of any kind, whether jobsite, field office, division office, regional office, home office, or otherwise, is expressly limited to the greater of either (a) or (b) below: a. Solely a mark -up of 17.5% on the payments in (1) through (3), above 1. Bond: The Contractor will receive compensation for any premium for acquiring a bond for such additional or unforeseen work at the original Contract bond rate paid by the Contractor. No compensation for bond premium will be allowed for additional or LAP DIVISION 1 SPECIFICATIONS 01760 -Page 25 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER unforeseen work paid by the Department via initial contingency pay item. 2. The Contractor will be allowed a markup of 10% on the first $50,000 and a markup of 5% on any amount over $50,000 on any subcontract directly related to the additional or unforeseen work. Any such subcontractor mark -up will be allowed only by the prime Contractor and a first tier subcontractor, and the Contractor must elect the markup for any eligible first tier subcontractor to do so. b. Solely the formula set forth below and only as applied solely as to such number of calendar days of entitlement that are in excess of ten cumulative calendar days as defined below. Where A = Original Contract Amount B = Original Contract Time C =8% D = Average Overhead Per Day Cumulative Calendar Days is defined as the combined total number of calendar days granted as time extensions due to either extra work, excluding overruns to existing contract items, that extend the duration of the project or delay of a controlling work item caused solely by the Department, or the combined total number of calendar days for which a claim of entitlement to a time extension due to delay of a controlling work item caused solely by the Department is otherwise ultimately determined to be in favor of the Contractor. No compensation, whatsoever, will be paid to the Contractor for any jobsite overhead and other indirect impacts when the total number of calendar days granted for time extension due to delay of a controlling work item caused solely by the Department is, or the total number of calendar days for which entitlement to a time extension due to delay of a controlling work item caused solely by the Department is otherwise ultimately determined in favor of the Contractor to be, equal to or less than ten calendar days and the Contractor also fully assumes all monetary risk of any and all partial or single calendar day delay periods, due to delay of a controlling work item caused solely by the Department, that when combined together are equal to or less than ten calendar days and regardless of whether monetary compensation is otherwise provided for hereunder for one or more calendar days of time extension entitlement for each calendar day exceeding ten calendar days. All calculations under this provision shall exclude weather days, Holidays, and Special Events. Further, for (a) and (b) above, in the event there are concurrent delays to one or more controlling work items, one or more being caused by the Department and one or more being caused by the Contractor, the LAP DIVISION 1 SPECIFICATIONS 01760 -Page 26 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Contractor shall be entitled to a time extension for each day that a controlling work item is delayed by the Department but shall have no right to nor receive any monetary compensation for any indirect costs for any days of concurrent delay. 4 -3.2.2 Subcontracted Work: Compensation for the additional or unforeseen work performed by a subcontractor shall be limited solely to that provided for in 4 3.2.1 (1), (2), (3) and (4)(a). In addition, the Contractor compensation is expressly limited to the greater of the total provided in either 4- 3.2.1(4)(a) or (4)(b), except that the Average Overhead Per -Day calculation is as follows: Where As = Original Contract Amount minus Original Subcontract amounts(s)* B = Original Contract Time C =8% Ds = Average Overhead Per -Day * deduct Original Subcontract Amount(s) of subcontractor(s) performing the work The subcontractor may receive compensation for any premium for acquiring a bond for the additional or unforeseen work; provided, however, that such payment for additional subcontractor bond will only be paid upon presentment to the Department of clear and convincing proof that the subcontractor has actually submitted and paid for separate bond premiums for such additional or unforeseen work in such amount and that the subcontractor was required by the Contractor to acquire a bond. The Contractor shall require the subcontractor to submit a certification, in accordance with 4 -3.2.1 (1), as part of the cost proposal and submit such to the Engineer. Such certification must be made by an officer or director of the subcontractor with authority to bind the subcontractor. Timely certification is a condition precedent to any right of the Contractor to recover compensation for such subcontractor costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such subcontractor costs. 4 -3.3 No Waiver of Contract: Changes made by the Engineer will not be considered to waive any of the provisions of the Contract, nor may the Contractor make any claim for loss of anticipated profits because of the changes, or by reason of any variation between the approximate quantities and the quantities of work actually performed. All work shall be performed as directed by the Engineer and in accordance with the Contract Documents. 4 -3.4 Conditions Requiring a Supplemental Agreement or Unilateral Payment: A Supplemental Agreement or Unilateral Payment will be used to clarify the Plans and Specifications of the Contract; to provide for unforeseen work, grade changes, or alterations in the Plans which could not reasonably have been contemplated or foreseen in the original Plans and Specifications; to change the limits of construction to meet field conditions; to provide a safe and functional connection to an existing pavement; to settle documented Contract claims; to make the project LAP DIVISION 1 SPECIFICATIONS 01760 -Page 27 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER functionally operational in accordance with the intent of the original Contract and subsequent amendments thereto. A Supplemental Agreement or Unilateral Payment may be used to expand the physical limits of the project only to the extent necessary to make the project functionally operational in accordance with the intent of the original Contract. The cost of any such agreement extending the physical limits of the project shall not exceed $100,000 or 10% of the original Contract price, whichever is greater. Perform no work to be covered by a Supplemental Agreement or Unilateral Payment before written authorization is received from the Engineer. The Engineer's written authorization will set forth sufficient work information to allow the work to begin. The work activities, terms and conditions will be reduced to written Supplemental Agreement or Unilateral Payment form promptly thereafter. No payment will be made on a Supplemental Agreement or Unilateral Payment prior to the Department's approval of the document. 4 -3.5 Extra Work: Extra work authorized in writing by the Engineer will be paid in accordance with the formula in 4 -3.2. Such payment will be the full extent of all monetary compensation entitlement due to the Contractor for such extra work. Any entitlement to a time extension due to extra work will be limited solely to that provided for in 4 -3.2 for additional work. 4 -3.6 Connections to Existing Pavement, Drives and Walks: Generally adhere to the limits of construction at the beginning and end of the project as detailed in the Plans. However, if the Engineer determines that it is necessary to extend the construction in order to make suitable connections to existing pavement, the Engineer will authorize such a change in writing. For necessary connections to existing walks and drives that are not indicated in the Plans, the Engineer will submit direction regarding the proper connections in accordance with the Design Standards. 4 -3.7 Differing Site Conditions: During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract, or if unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the Contractor disturbs the conditions or performs the affected work. Upon receipt of written notification of differing site conditions from the Contractor, the Engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment will be made, excluding loss of anticipated profits, and the Contract will be modified in writing accordingly. The Engineer will notify the Contractor whether or not an adjustment of the Contract is warranted. The Engineer will not allow a Contract adjustment for a differing site condition unless the Contractor has submitted the required written notice. The Engineer will not allow a Contract adjustment under this clause for any effects caused to any other Department or non - Department projects on which the Contractor may be working. LAP DIVISION 1 SPECIFICATIONS 01760 -Page 28 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 4 -3.8 Changes Affecting Utilities: The Contractor shall be responsible for identifying and assessing any potential impacts to a utility that may be caused by the changes proposed by the Contractor, and the Contractor shall at the time of making the request for a change notify the Department in writing of any such potential impacts to utilities. Department approval of a Contractor proposed change does not relieve the Contractor of sole responsibility for all utility impacts, costs, delays or damages, whether direct or indirect, resulting from Contractor initiated changes in the design or construction activities from those in the original Contract Specifications, Design Plans (including Traffic Control Plans) or other Contract Documents and which effect a change in utility work different from that shown in the Utility Plans, joint project agreements or utility relocation schedules. 4 -3.9 Cost Savings Initiative Proposal: 4 -3.9.1 Intent and Objective: 1. This Subarticle applies to any cost reduction proposal (hereinafter referred to as a Proposal) that the Contractor initiates and develops for the purpose of refining the Contract to increase cost effectiveness or significantly improve the quality of the end result. A mandatory Cost Savings Initiative Workshop will be held prior to Contract Time beginning for the Contractor and Department to discuss potential Proposals. This Subarticle does not, however, apply to any such proposal unless the Contractor identifies it at the time of its submission to the Department as a proposal submitted pursuant to this Subarticle. 2. The Department will consider Proposals that would result in net savings to the Department by providing a decrease in the cost of the Contract. Proposals must result in savings without impairing essential functions and characteristics such as safety, service, life, reliability, economy of operation, ease of maintenance, aesthetics and necessary standard design features. However, nothing herein prohibits the Contractor from submitting Proposals when the required functions and characteristics can be combined, reduced or eliminated because they are nonessential or excessive. The Department will not recognize the Contractor's correction of plan errors that result in a cost reduction, as a Proposal. 3. The Department reserves the right to reject at its discretion any Proposal submitted that proposes a change in the design of the pavement system or that would require additional right -of -way. Pending the Department's execution of a formal supplemental agreement implementing an approved Proposal, the Contractor shall remain obligated to perform the work in accordance with the terms of the existing Contract. The Department may grant time extensions to allow for the time required to develop and review a Proposal. 4. For potential Proposals not discussed at the Cost Savings Initiative Workshop, a mandatory concept meeting will be held for the Contractor and Department to discuss the potential Proposal prior to development of the Proposal. 4 -3.9.2 Subcontractors: The Department encourages the Contractor to include the provisions of this Subarticle in Contracts with subcontractors and to encourage LAP DIVISION 1 SPECIFICATIONS 01760 -Page 29 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER submission of Proposals from subcontractors. However, it is not mandatory to submit Proposals to the Department or to accept or transmit subcontractor proposed Proposals to the Department. 4 -3.9.3 Data Requirements: As a minimum, submit the following information with each Proposal: 1. a description of the difference between the existing Contract requirement, including any time extension request, and the proposed change, and the comparative advantages and disadvantages. 2. separate detailed cost estimates for both the existing Contract requirement and the proposed change. Break down the cost estimates by pay item numbers indicating quantity increases or decreases and deleted pay items. Identify additional proposed work not covered by pay items within the Contract, by using pay item numbers in the Basis of Estimates Manual. In preparing the estimates, include overhead, profit, and bond within pay items in the Contract. Separate pay item(s) for the cost of overhead, profit, and bond will not be allowed. 3. an itemization of the changes, deletions or additions to plan details, plan sheets, design standards and Specifications that are required to implement the Proposal if the Department adopts it. Submit preliminary plan drawings sufficient to describe the proposed changes. 4. engineering or other analysis in sufficient detail to identify and describe specific features of the Contract that must be changed if the Department accepts the Proposal with a proposal as to how these changes can be accomplished and an assessment of their effect on other project elements. The Department may require that engineering analyses be performed by a prequalified consultant in the applicable class of work. Support all design changes that result from the Proposal with drawings and computations signed and sealed by the Contractor's Engineer of Record. Written documentation or drawings will be submitted clearly delineating the responsibility of the Contractor's Engineer of Record. 5. the date by which the Department must approve the Proposal to obtain the total estimated cost reduction during the remainder of the Contract, noting any effect on the Contract completion time or delivery schedule. 6. a revised project schedule that would be followed upon approval of the Proposal. This schedule would include submittal dates and review time for the Department and Peer reviews. 4 -3.9.4 Processing Procedures: Submit Proposals to the Engineer or his duly authorized representative. The Department will process Proposals expeditiously; however, the Department is not liable for any delay in acting upon a Proposal submitted pursuant to this Subarticle. The Contractor may withdraw, in whole or in part, a Proposal not accepted by the Department within the period specified in the Proposal. The Department is not liable for any Proposal development cost in the case where the Department rejects or the Contractor withdraws a Proposal. LAP DIVISION 1 SPECIFICATIONS 01760 -Page 30 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER The Engineer is the sole judge of the acceptability of a Proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the Department reserves the right to disregard the Contract bid prices if, in the judgment of the Engineer, such prices do not represent a fair measure of the value of work to be performed or to be deleted. Prior to approval, the Engineer may modify a Proposal, with the concurrence of the Contractor, to make it acceptable. If any modification increases or decreases the net savings resulting from the Proposal, the Department will determine the Contractor's fair share upon the basis of the Proposal as modified and upon the final quantities. The Department will compute the net savings by subtracting the revised total cost of all bid items affected by the Proposal from the total cost of the same bid items as represented in the original Contract. Prior to approval of the Proposal that initiates the supplemental agreement, submit acceptable Contract - quality plan sheets revised to show all details consistent with the Proposal design. 4 -3.9.5 Computations for Change in Contract Cost of Performance: If the Proposal is adopted, the Contractor's share of the net savings as defined hereinafter represents full compensation to the Contractor for the Proposal. The Department will not include its costs to process and implement a Proposal in the estimate. However, the Department reserves the right, where it deems such action appropriate, to require the Contractor to pay the Department's cost of investigating and implementing a Proposal as a condition of considering such proposal. When the Department imposes such a condition, the Contractor shall accept this condition in writing, authorizing the Department to deduct amounts payable to the Department from any monies due or that may become due to the Contractor under the Contract. 4 -3.9.6 Conditions of Acceptance for Major Design Modifications of Category 2 Bridges: A Proposal that proposes major design modifications of a category 2 bridge, as determined by the Engineer, shall have the following conditions of acceptance: All bridge Plans relating to the Proposal shall undergo an independent peer review conducted by a single independent engineering firm referred to for the purposes of this article as the Independent Review Engineer who is not the originator of the Proposal design, and is pre - qualified by the Department in accordance with Rule 14 -75, Florida Administrative Code. The independent peer review is intended to be a comprehensive, thorough verification of the original work, giving assurance that the design is in compliance with all Department requirements. The Independent Review Engineer's comments, along with the resolution of each comment, shall be submitted to the Department. The Independent Review Engineer shall sign and seal the submittal cover letter stating that all comments have been adequately addressed and the design is in compliance with the Department requirements. If there are any unresolved comments the Independent Review Engineer shall specifically list all unresolved issues in the signed and sealed cover letter. LAP DIVISION 1 SPECIFICATIONS 01760 -Page 31 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER The Contractor shall designate a primary engineer responsible for the Proposal design and as such will be designated as the Contractors Engineer of Record for the Proposal design. The Department reserves the right to require the Contractor's Engineer of Record to assume responsibility for design of the entire structure. New designs and independent peer reviews shall be in compliance with all applicable Department, FHWA and AASHTO criteria requirements including bridge load ratings. 4 -3.9.7 Sharing Arrangements: If the Department approves a Proposal, the Contractor shall receive 50% of the net reduction in the cost of performance of the Contract as determined by the final negotiated agreement between the Contractor and the Department. The net reduction will be determined by subtracting from the savings of the construction costs the reasonable documented engineering costs incurred by the contractor to design and develop a Proposal. The reasonable documented engineering costs will be paid by the Department. Engineering costs will be based on the consultant's certified invoice and may include the costs of the Independent Review Engineer in 4- 3.9.6. The total engineering costs to be subtracted from the savings to determine the net reduction will be limited to 25% of the construction savings and shall not include any markup by the Contractor or the costs for engineering services performed by the Contractor. 4 -3.9.8 Notice of Intellectual Property Interests and Department's Future Rights to a Proposal: 4- 3.9.8.1 Notice of Intellectual Property Interests: The Contractor's Proposal submittal shall identify with specificity any and all forms of intellectual property rights that either the Contractor or any officer, shareholder, employee, consultant, or affiliate, of the Contractor, or any other entity who contributed in any measure to the substance of the Contractor's Proposal development, have or may have that are in whole or in part implicated in the Proposal. Such required intellectual property rights notice includes, but is not limited to, disclosure of any issued patents, copyrights, or licenses; pending patent, copyright or license applications; and any intellectual property rights that though not yet issued, applied for or intended to be pursued, could nevertheless otherwise be subsequently the subject of patent, copyright or license protection by the Contractor or others in the future. This notice requirement does not extend to intellectual property rights as to stand -alone or integral components of the Proposal that are already on the Department's Approved Product List (APL) or Design Standard Indexes, or are otherwise generally known in the industry as being subject to patent or copyright protection. 4- 3.9.8.2 Department's Future Rights to a Proposal: Notwithstanding 7 3 nor any other provision of the Standard Specifications, upon acceptance of a Proposal, the Contractor hereby grants to the Department and its contractors (such grant being expressly limited solely to any and all existing or future Department construction projects and any other Department projects that are partially or wholly funded by or for the Department) a royalty -free and perpetual license under all forms of intellectual property rights to manufacture, to use, to design, to LAP DIVISION 1 SPECIFICATIONS 01760 -Page 32 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER construct, to disclose, to reproduce, to prepare and fully utilize derivative works, to distribute, display and publish, in whole or in part, and to permit others to do any of the above, and to otherwise in any manner and for any purpose whatsoever do anything reasonably necessary to fully utilize any and all aspects of such Proposal on any and all existing and future construction projects and any other Department projects. Contractor shall hold harmless, indemnify and defend the Department and its contractors and others in privity therewith from and against any and all claims, liabilities, other obligations or losses, and reasonable expenses related thereto (including reasonable attorneys' fees), which are incurred or are suffered by any breach of the foregoing grants, and regardless of whether such intellectual property rights were or were not disclosed by the Contractor pursuant to 4- 3.9.8.1, unless the Department has by express written exception in the Proposal acceptance process specifically released the Contractor from such obligation to hold harmless, indemnify and defend as to one or more disclosed intellectual property rights. FROM SECTION 5 — CONTROL OF THE WORK (CLAIMS). 5 -12 Claims by Contractor. 5 -12.1 General: When the Contractor deems that extra compensation or a time extension is due beyond that agreed to by the Engineer, whether due to delay, additional work, altered work, differing site conditions, breach of Contract, or for any other cause, the Contractor shall follow the procedures set forth herein for preservation, presentation and resolution of the claim. Submission of timely notice of intent to file a claim, preliminary time extension request, time extension request, and the certified written claim, together with full and complete claim documentation, are each a condition precedent to the Contractor bringing any circuit court, arbitration, or other formal claims resolution proceeding against the Department for the items and for the sums or time set forth in the Contractor's certified written claim. The failure to provide such notice of intent, preliminary time extension request, time extension request, certified written claim and full and complete claim documentation within the time required shall constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to additional compensation or a time extension for such claim. 5 -12.2 Notice of Claim: 5- 12.2.1 Claims For Extra Work: Where the Contractor deems that additional compensation or a time extension is due for work or materials not expressly provided for in the Contract or which is by written directive expressly ordered by the Engineer pursuant to 4 3, the Contractor shall submit written notification to the Engineer of the intention to make a claim for additional compensation before beginning the work on which the claim is based, and if seeking a time extension, the Contractor shall also submit a preliminary request for time extension pursuant to 8 7.3.2 within ten calendar days after commencement of a delay and a request for Contract Time extension pursuant to 8 -7.3.2 within thirty calendar days after the elimination of the delay. If such written notification is not submitted and the Engineer is not afforded the opportunity for LAP DIVISION 1 SPECIFICATIONS 01760 -Page 33 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER keeping strict account of actual labor, material, equipment, and time, the Contractor waives the claim for additional compensation or a time extension. Such notice by the Contractor, and the fact that the Engineer has kept account of the labor, materials and equipment, and time, shall not in any way be construed as establishing the validity of the claim or method for computing any compensation or time extension for such claim. On projects with an original Contract amount of $3,000,000 or less within 90 calendar days after final acceptance of the project in accordance with 5 11, and on projects with an original Contract amount greater than $3,000,000 within 180 calendar days after final acceptance of the project in accordance with 5 11, the Contractor shall submit full and complete claim documentation as described in 5 12.3 and duly certified pursuant to 5- 12.9. However, for any claim or part of a claim that pertains solely to final estimate quantities disputes the Contractor shall submit full and complete claim documentation as described in 5 12.3 and duly certified pursuant to 5 -12.9, as to such final estimate claim dispute issues, within 90 or 180 calendar days, respectively, of the Contractor's receipt of the Department's final estimate. If the Contractor fails to submit a certificate of claim as described in 5 12.9, the Department will so notify the Contractor in writing. The Contractor shall have ten calendar days from receipt of the notice to resubmit the claim documentation, without change, with a certificate of claim as described in 5 -12.9, without regard to whether the resubmission is within the applicable 90 or 180 calendar day deadline for submission of full and complete claim documentation. Failure by the Contractor to comply with the ten calendar day notice shall constitute a waiver of the claim. 5- 12.2.2 Claims For Delay: Where the Contractor deems that additional compensation or a time extension is due on account of delay, differing site conditions, breach of Contract, or any other cause other than for work or materials not expressly provided for in the Contract (Extra Work) or which is by written directive of the Engineer expressly ordered by the Engineer pursuant to 4 3, the Contractor shall submit a written notice of intent to the Engineer within ten days after commencement of a delay to a controlling work item expressly notifying the Engineer that the Contractor intends to seek additional compensation, and if seeking a time extension, the Contractor shall also submit a preliminary request for time extension pursuant to 8 7.3.2 within ten calendar days after commencement of a delay to a controlling work item, as to such delay and providing a reasonably complete description as to the cause and nature of the delay and the possible impacts to the Contractor's work by such delay, and a request for Contract Time extension pursuant to 8 -7.3.2 within thirty calendar days after the elimination of the delay. On projects with an original Contract amount of $3,000,000 or less within 90 calendar days after final acceptance of the project in accordance with 5 11, and on projects with an original Contract amount greater than $3,000,000 within 180 calendar days after final acceptance of the project in accordance with 5 11, the Contractor shall submit full and complete documentation as described in 5 12.3 and duly certified pursuant to 5 -12.9. If the Contractor fails to submit a certificate of claim as described in 5 12.9, the Department will so notify the Contractor in writing. The Contractor shall have ten calendar days from receipt of the notice to resubmit the claim documentation, without LAP DIVISION 1 SPECIFICATIONS 01760 -Page 34 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER change, with a certificate of claim as described in 5 -12.9, without regard to whether the resubmission is within the applicable 90 or 180 calendar day deadline for submission of full and complete claim documentation. Failure by the Contractor to comply with the ten calendar day notice shall constitute a waiver of the claim. There shall be no Contractor entitlement to any monetary compensation or time extension for any delays or delay impacts, whatsoever, that are not to a controlling work item, and then as to any such delay to a controlling work item entitlement to any monetary compensation or time extension shall only be to the extent such is otherwise provided for expressly under 4 3 or 5 12, except that in the instance of delay to a non - controlling item of work the Contractor may be compensated for the direct costs of idle labor or equipment only, at the rates set forth in 4 3.2.1(1) and (3), and then only to the extent the Contractor could not reasonably mitigate such idleness. 5 -12.3 Content of Written Claim: As a condition precedent to the Contractor being entitled to additional compensation or a time extension under the Contract, for any claim, the Contractor shall submit a certified written claim to the Department which will include for each individual claim, at a minimum, the following information: 1. A detailed factual statement of the claim providing all necessary dates, locations, and items of work affected and included in each claim; 2. The date or dates on which actions resulting in the claim occurred or conditions resulting in the claim became evident; 3. Identification of all pertinent documents and the substance of any material oral communications relating to such claim and the name of the persons making such material oral communications; 4. Identification of the provisions of the Contract which support the claim and a statement of the reasons why such provisions support the claim, or alternatively, the provisions of the Contract which allegedly have been breached and the actions constituting such breach; 5. A detailed compilation of the amount of additional compensation sought and a breakdown of the amount sought as follows: a. documented additional job site labor expenses; b. documented additional cost of materials and supplies; c. a list of additional equipment costs claimed, including each piece of equipment and the rental rate claimed for each; d. any other additional direct costs or damages and the documents in support thereof; e. any additional indirect costs or damages and all documentation in support thereof. LAP DIVISION 1 SPECIFICATIONS 01760 -Page 35 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 6. A detailed compilation of the specific dates and the exact number of calendar days sought for a time extension, the basis for entitlement to time for each day, all documentation of the delay, and a breakout of the number of days claimed for each identified event, circumstance or occurrence. Further, the Contractor shall be prohibited from amending either the bases of entitlement or the amount of any compensation or time stated for any and all issues claimed in the Contractor's written claim submitted hereunder, and any circuit court, arbitration, or other formal claims resolution proceeding shall be limited solely to the bases of entitlement and the amount of any compensation or time stated for any and all issues claimed in the Contractor's written claim submitted hereunder. This shall not, however, preclude a Contractor from withdrawing or reducing any of the bases of entitlement and the amount of any compensation or time stated for any and all issues claimed in the Contractor's written claim submitted hereunder at any time. 5 -12.4 Action on Claim: The Engineer will respond in writing on projects with an original Contract amount of $3,000,000 or less within 90 calendar days of receipt of a complete claim submitted by a Contractor in compliance with 5 12.3, and on projects with an original Contract amount greater than $3,000,000 within 120 calendar days of receipt of a complete claim submitted by a Contractor in compliance with 5 12.3. Failure by the Engineer to respond to a claim in writing within 90 or 120 days, respectively, after receipt of a complete claim submitted by the Contractor in compliance with 5 12.3 constitutes a denial of the claim by the Engineer. If the Engineer finds the claim or any part thereof to be valid, such partial or whole claim will be allowed and paid for to the extent deemed valid and any time extension granted, if applicable, as provided in the Contract. No circuit court or arbitration proceedings on any claim, or a part thereof, may be filed until after final acceptance per 5 11 of all Contract work by the Department or denial hereunder, whichever occurs last. 5 -12.5 Pre - Settlement and Pre - Judgment Interest: Entitlement to any pre - settlement or pre- judgment interest on any claim amount determined to be valid subsequent to the Department's receipt of a certified written claim in full compliance with 5 12.3, whether determined by a settlement or a final ruling in formal proceedings, the Department shall pay to the Contractor simple interest calculated at the Prime Rate (as reported by the Wall Street Journal as the base rate on corporate loans posted by at least 75% of the nations 30 largest banks) as of the 60th calendar day following the Department's receipt of a certified written claim in full compliance with 5 12.3, such interest to accrue beginning 60 calendar days following the Department's receipt of a certified written claim in full compliance with 5 12.3 and ending on the date of final settlement or formal ruling. 5 -12.6 Compensation for Extra Work or Delay: 5- 12.6.1 Compensation for Extra Work: Notwithstanding anything to the contrary contained in the Contract Documents, the Contractor shall not be entitled to any compensation beyond that provided for in 4 3.2. 5- 12.6.2 Compensation for Delay: Notwithstanding anything to the contrary contained in the Contract Documents, the additional compensation set forth in 5 - 12.6.2.1 shall be the Contractor's sole monetary remedy for any delay other than to perform extra work caused by the Department unless the delay shall have been caused by acts constituting LAP DIVISION 1 SPECIFICATIONS 01760 -Page 36 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER willful or intentional interference by the Department with the Contractor's performance of the work and then only where such acts continue after Contractor's written notice to the Department of such interference. The parties anticipate that delays may be caused by or arise from any number of events during the term of the Contract, including, but not limited to, work performed, work deleted, supplemental agreements, work orders, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right -of -way issues, permitting issues, actions of suppliers, subcontractors or other contractors, actions by third parties, suspensions of work by the Engineer pursuant to 8 6.1, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, special events, suspension of Contract Time, or other events, forces or factors sometimes experienced in construction work. Such delays or events and their potential impacts on the performance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this Contract, and shall not be deemed to constitute willful or intentional interference with the Contractor's performance of the work without clear and convincing proof that they were the result of a deliberate act, without reasonable and good -faith basis, and specifically intended to disrupt the Contractor's performance. 5- 12.6.2.1 Compensation for Direct Costs, Indirect Costs, Expenses, and Profit thereon, of or from Delay: For any delay claim, the Contractor shall be entitled to monetary compensation for the actual idle labor and equipment, and indirect costs, expenses, and profit thereon, as provided for in 4- 3.2.1(4) and solely for costs incurred beyond what reasonable mitigation thereof the Contractor could have undertaken. 5 -12.7 Mandatory Claim Records: After submitting to the Engineer a notice of intent to file a claim for extra work or delay, the Contractor must keep daily records of all labor, material and equipment costs incurred for operations affected by the extra work or delay. These daily records must identify each operation affected by the extra work or delay and the specific locations where work is affected by the extra work or delay, as nearly as possible. The Engineer may also keep records of all labor, material and equipment used on the operations affected by the extra work or delay. The Contractor shall, once a notice of intent to claim has been timely filed, and not less than weekly thereafter as long as appropriate, submit the Contractor's daily records to the Engineer and be likewise entitled to receive the Department's daily records. The daily records to be submitted hereunder shall be done at no cost to the recipient. 5 -12.8 Claims For Acceleration: The Department shall have no liability for any constructive acceleration of the work, nor shall the Contractor have any right to make any claim for constructive acceleration nor include the same as an element of any claim the Contractor may otherwise submit under this Contract. If the Engineer gives express written direction for the Contractor to accelerate its efforts, such written direction will set forth the prices and other pertinent information and will be reduced to a written Contract Document promptly. No payment will be made on a Supplemental Agreement for acceleration prior to the Department's approval of the documents. 5 -12.9 Certificate of Claim: When submitting any claim, the Contractor shall certify under oath and in writing, in accordance with the formalities required by Florida law, that the claim is made in good faith, that the supportive data are accurate and complete to the Contractor's best LAP DIVISION 1 SPECIFICATIONS 01760 -Page 37 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER knowledge and belief, and that the amount of the claim accurately reflects what the Contractor in good faith believes to be the Department's liability. Such certification must be made by an officer or director of the Contractor with the authority to bind the Contractor. 5 -12.10 Non - Recoverable Items: The parties agree that for any claim the Department will not have liability for the following items of damages or expense: 1. Loss of profit, incentives or bonuses; 2. Any claim for other than extra work or delay; 3. Consequential damages, including, but not limited to, loss of bonding capacity, loss of bidding opportunities, loss of credit standing, cost of financing, interest paid, loss of other work or insolvency; 4. Acceleration costs and expenses, except where the Department has expressly and specifically directed the Contractor in writing "to accelerate at the Department's expense "; nor 5. Attorney fees, claims preparation expenses and costs of litigation. 5 -12.11 Exclusive Remedies: Notwithstanding any other provision of this Contract, the parties agree that the Department shall have no liability to the Contractor for expenses, costs, or items of damages other than those which are specifically identified as payable under 5 12. In the event any legal action for additional compensation, whether on account of delay, acceleration, breach of contract, or otherwise, the Contractor agrees that the Department's liability will be limited to those items which are specifically identified as payable in 5 12. 5 -12.12 Settlement Discussions: The content of any discussions or meetings held between the Department and the Contractor to settle or resolve any claims submitted by the Contractor against the Department shall be inadmissible in any legal, equitable, arbitration or administrative proceedings brought by the Contractor against the Department for payment of such claim. Dispute Resolution Board, State Arbitration Board and Claim Review Committee proceedings are not settlement discussions, for purposes of this provision. 5 -12.13 Personal Liability of Public Officials: In carrying out any of the provisions of the Contract or in exercising any power or authority granted to the Secretary of Transportation, Engineer or any of their respective employees or agents, there shall be no liability on behalf of any employee, officer or official of the Department for which such individual is responsible, either personally or as officials or representatives of the Department. It is understood that in all such matters such individuals act solely as agents and representatives of the Department. 5 -12.14 Auditing of Claims: All claims filed against the Department shall be subject to audit at any time following the filing of the claim, whether or not such claim is part of a suit pending in the Courts of this State. The audit may be performed, at the Department's sole discretion, by employees of the Department or by any independent auditor appointed by the Department, or both. The audit may begin after ten days written notice to the Contractor, subcontractor, or supplier. The Contractor, subcontractor, or supplier shall make a good faith effort to cooperate with the auditors. As a condition precedent to recovery on any claim, the Contractor, subcontractor, or supplier must retain sufficient records, and provide full and reasonable access LAP DIVISION 1 SPECIFICATIONS 01760 -Page 38 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER to such records, to allow the Department's auditors to verify the claim and failure to retain sufficient records of the claim or failure to provide full and reasonable access to such records shall constitute a waiver of that portion of such claim that cannot be verified and shall bar recovery thereunder. Further, and in addition to such audit access, upon the Contractor submitting a written claim, the Department shall have the right to request and receive, and the Contractor shall have the affirmative obligation to submit to the Department any and all documents in the possession of the Contractor or its subcontractors, materialmen or suppliers as may be deemed relevant by the Department in its review of the basis, validity or value of the Contractor's claim. Without limiting the generality of the foregoing, the Contractor shall upon written request of the Department make available to the Department's auditors, or upon the Department's written request, submit at the Department's expense, any or all of the following documents: 1. Daily time sheets and foreman's daily reports and diaries; 2. Insurance, welfare and benefits records; 3. Payroll register; 4. Earnings records; 5. Payroll tax return; 6. Material invoices, purchase orders, and all material and supply acquisition contracts; 7. Material cost distribution worksheet; 8. Equipment records (list of company owned, rented or other equipment used); 9. Vendor rental agreements and subcontractor invoices; 10. Subcontractor payment certificates; 11. Canceled checks for the project, including, payroll and vendors; 12. Job cost report; 13. Job payroll ledger; 14. General ledger, general journal, (if used) and all subsidiary ledgers and journals together with all supporting documentation pertinent to entries made in these ledgers and journals; 15. Cash disbursements journal; 16. Financial statements for all years reflecting the operations on this project; 17. Income tax returns for all years reflecting the operations on this project; 18. All documents which reflect the Contractor's actual profit and overhead during the years this Contract was being performed and for each of the five years prior to the commencement of this Contract; LAP DIVISION 1 SPECIFICATIONS 01760 -Page 39 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 19. All documents related to the preparation of the Contractor's bid including the final calculations on which the bid was based; 20. All documents which relate to each and every claim together with all documents which support the amount of damages as to each claim; 21. Worksheets used to prepare the claim establishing the cost components for items of the claim including, but not limited to, labor, benefits and insurance, materials, equipment, subcontractors, and all documents that establish which time periods and individuals were involved, and the hours and rates for such individuals. FROM SECTION 6 — CONTROL OF MATERIALS (Convict Labor and Buy America).. 6 -5 Products and Source of Supply. 6 -5.1 Source of Supply— Convict Labor (Federal -Aid Contracts Only): Do not use materials that were produced after July 1, 1991, by convict labor for Federal -aid highway construction projects unless the prison facility has been producing convict -made materials for Federal -aid highway construction projects before July 1, 1987. Use materials that were produced prior to July 2, 1991, by convicts on Federal -aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use in Federal -aid highway construction projects to: 1. Materials produced by convicts on parole, supervised release, or probation from a prison or, 2. Materials produced in a qualified prison facility. The amount of such materials produced for Federal -aid highway construction during any 12 -month period shall not exceed the amount produced in such facility for use in such construction during the 12 -month period ending July 1, 1987. 6 -5.2 Source of Supply - Steel: Use steel and iron manufactured in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through the final shaping and coating. If a steel or iron product is taken outside the United States for any manufacturing process, it becomes foreign source material. When using steel or iron materials as a component of any manufactured product (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply. Foreign steel and iron may be used when the total actual cost of such foreign materials does not exceed 0.1 % of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Submit a certification from the manufacturer of steel or iron, or any product containing steel or iron, LAP DIVISION 1 SPECIFICATIONS 01760 -Page 40 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER stating that all steel or iron furnished or incorporated into the furnished product was produced and manufactured in the United States or a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $ (actual cost). Submit each such certification to the Engineer prior to incorporating the material or product into the project. Prior to the use of foreign steel or iron materials on a project, submit invoices to document the actual cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. FROM SECTION 7 — LEGAL REQUIREMENTS AND RESPONSIBILITIES TO THE PUBLIC (FHWA 1273, Wage Rates, E- Verify, Title VI, DBE, and On- The -Job Training). Compliance with FHWA 1273: The FHWA -1273 Electronic version, dated May 1, 2012 is posted on the Department's website at the following URL address http://www.fdot.cq rogr age et/I lt/ LiSpcs /Files / 17f . Take responsibility to obtain this information and comply with all requirements posted on this website up through five calendar days before the opening of bids. Comply with the provisions contained in FHWA -1273. If the Department's website cannot be accessed, contact the Department's Specifications Office Web Coordinator at (850) 414 -4101. 7 -1.4 Compliance with Federal Endangered Species Act and other Wildlife Regulations: The Federal Endangered Species Act requires that the Department investigate the potential impact to a threatened or endangered species prior to initiating an activity performed in conjunction with a highway construction project. If the Department's investigation determines that there is a potential impact to a protected, threatened or an endangered species, the Department will conduct an evaluation to determine what measures may be necessary to mitigate such impact. When mitigation measures and /or special conditions are necessary, these measures and conditions will be addressed in the Contract Documents or in permits as identified in 7 -2.1. In addition, in cases where certain protected, threatened or endangered species are found or appear within close proximity to the project boundaries, the Department has established guidelines that will apply when interaction with certain species occurs, absent of any special mitigation measures or permit conditions otherwise identified for the project. These guidelines are posted at the following URL address: htww.fdo ro rarnnana ement /Im lemented /UILInS ecs /files /endan eredwildlifo jai lins.pf . Take responsibility to obtain this information and take all actions and precautions necessary to comply with the conditions of these guidelines during all project activities. Prior to establishing any off - project activity in conjunction with a project, notify the Engineer of the proposed activity. Covered activities include but are not necessarily limited to borrow pits, concrete or asphalt plant sites, disposal sites, field offices, and material or equipment storage sites. Include in the notification the Financial Project ID, a description of the activity, the location of the site by township, range, section, county, and city, a site location map including the access LAP DIVISION 1 SPECIFICATIONS 01760 -Page 41 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER route, the name of the property owner, and a person to contact to arrange a site inspection. Submit this notification at least 30 days in advance of planned commencement of the off -site activity, to allow for the Department to conduct an investigation without delaying job progress Do not perform any off - project activity without obtaining written clearance from the Engineer. In the event the Department's investigation determines a potential impact to a protected, threatened or endangered species and mitigation measures or permits are necessary, coordinate with the appropriate resource agencies for clearance, obtain permits and perform mitigation measures as necessary. Immediately notify the Engineer in writing of the results of this coordination with the appropriate resource agencies. Additional compensation or time will not be allowed for permitting or mitigation, associated with Contractor initiated off - project activities. 7 -1.8 Compliance with Section 4(f) of the USDOT Act: Section 4(f) of the USDOT Act prohibits the U. S. Secretary of Transportation from approving a project which requires the use of publicly owned land of a public park, recreation area or a wildlife and waterfowl refuge, or of any historic site of national, state, or local significance unless there is no prudent or feasible alternative to using that land and the program or project includes all possible planning to minimize the harm to the site resulting from the use. Before undertaking any off - project activity associated with any federally assisted undertaking, ensure that the proposed site does not represent a public park, recreation area, wildlife or waterfowl refuge, or a historic site (according to the results of the Cultural Resources Survey discussed in 120 -6.2). If such a site is proposed, notify the Engineer and provide a description of the proposed off -site activity, the Financial Project ID, the location of the site by township, range, section, a county or city map showing the site location, including the access route and the name of the property. It is the Contractor's responsibility to submit justification for use of Section 4(f) property that is sufficient for the Florida Department of Transportation and the Federal Highway Administration to make a Section 4(f) determination. Submit this notification sufficiently in advance of planned commencement of the off -site activity to allow a reasonable time for the Engineer to conduct an investigation without delaying job progress. Do not begin any off - project activity without obtaining written clearance from the Engineer. 7 -16 Wage Rates for Federal -Aid Projects. For this Contract, payment of predetermined minimum wages applies. The U.S. Department of Labor ( USDOL) Wage Rates applicable to this Contract are listed in table below, as modified up through ten days prior to the opening of bids. General Decision Number: FL170190 01/06/2017 FL190 Superseded General Decision Number: FL20160190 State: Florida Construction Type: Highway County: Monroe County in Florida. LAP DIVISION 1 SPECIFICATIONS 01760 -Page 42 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov /whd /govcontracts. Modification Number Publication Date 0 01/06/2017 " ELECO349 -002 02/29/2016 Rates Fringes ELECTRICIAN ............................................... .,..............,.............$ 31.11 11.25 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 (Traffic Control Specialist) ............... .......................,....,.. $ 12.17 1.71 LABORER: Asphalt, Includes Raker, Shoveler, Spreader andDistributor .................................................. ............................... $ 13.60 0.00 LAP DIVISION 1 SPECIFICATIONS 01760 -Page 43 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 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 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.,........ ......... ........................... ................. $ 16.00 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation....,......... .................. ......,.,...................,.. $ 19.03 0.00 TRUCK DRIVER: Dump Truck........., ................ - ..... - ... .. - ...... $ 12.66 0.00 ......:..: LAP DIVISION 1 SPECIFICATIONS 01760 -Page 44 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 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. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health - related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health - related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov /whd /govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198 -005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 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. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. LAP DIVISION 1 SPECIFICATIONS 01760 -Page 45 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012 -007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG -OH -0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated /CBA rate of the union locals from which the rate is based. 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. LAP DIVISION 1 SPECIFICATIONS 01760 -Page 46 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 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 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Obtain the applicable General Decision(s) (Wage Tables) through the Department's Office of Construction website and ensure that employees receive the minimum compensation applicable. Review the General Decisions for all classifications necessary to complete the project. Request additional classifications through the Engineer's office when needed. For guidance on the requirements for the payment of wages and benefits and the submittal of certified payrolls, and for general guidance and examples of multiple wage rates when assigned to a Contract, refer to the Department's Office of Construction website. Questions regarding wage rates and the applicability of wage tables should be submitted in accordance with 2 -4. LAP DIVISION 1 SPECIFICATIONS 01760 -Page 47 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Contact the Department's Prevailing Wage Rate Coordinator at (850) 414 -4688 if the Department's website cannot be accessed or there are questions. 7 -24 Disadvantaged Business Enterprise Program. 7 -24.1 Disadvantaged Business Enterprise Affirmative Action Plan: Prior to award of the Contract, have an approved Disadvantaged Business Enterprise (DBE) Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded until the Department approves the Plan. The DBE Affirmative Action Program Plan is incorporated into and made a part of the Contract. 7 -24.2 Required Contract and Subcontract DBE Assurance Language: In accordance with 49 CFR 26.13 (b), the Contract FDOT signs with the Contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The Contractor, sub - recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to, 1. Withholding monthly progress payments; 2. Assessing sanctions; 3. Liquidated damages; and /or 4. Disqualifying the Contractor from future bidding as non - responsible." 7 -24.3 Plan Requirements: Include the following in the DBE Affirmative Action Program Plan 1. A policy statement, signed by an authorized representative (president, chief executive officer, or chairman of the contractor), expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible, outlining the various levels of responsibility, and stating the objectives of the program. Circulate the policy statement throughout the Contractor's organization. 2. The designation of a Liaison Officer within the Contractor's organization, as well as support staff, necessary and proper to administer the program, and a description of the authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing, managing, and implementing the program on a day -to -day basis for carrying out technical assistance activities for DBEs and for disseminating information on available business opportunities so that DBEs are provided an equitable opportunity to participate in Contracts let by the Department. 3. Utilization of techniques to facilitate DBE participation in contracting activities which include, but are not limited to: a. Soliciting price quotations and arranging a time for the review of Plans, quantities, specifications, and delivery schedules, and for the preparation and presentation of quotations. LAP DIVISION 1 SPECIFICATIONS 01760 -Page 48 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER b. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing, or technical assistance. c. Carrying out information and communication programs or workshops on contracting procedures and specific contracting opportunities in a timely manner, with such programs being bilingual where appropriate. d. Encouraging eligible DBEs to apply for certification with the Department. e. Contacting Minority Contractor Associations and city and county agencies with programs for disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the Department. 7 -24.4 DBE Records and Reports: Submit the following through the Equal Opportunity Compliance System: 1. DBE Commitments - at or before the Pre - Construction Conference. 2. Report monthly, through the Equal Opportunity Compliance System on the Department's Website, actual payments (including retainage) made to DBEs for work performed with their own workforce and equipment in the area in which they are certified. Report payments made to all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and MBE construction material and major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following 1. the procedures adopted to comply with these Specifications; 2. the number of subordinated Contracts on Department projects awarded to DBEs; 3. the dollar value of the Contracts awarded to DBEs; 4. the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the total Contract amount; 5. a description of the general categories of Contracts awarded to DBEs; and 6. the specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the Department for review. Maintain all such records for a period of five years following acceptance of final payment and have them available for inspection by the Department and the Federal Highway Administration. 7 -24.5 Counting DBE Participation and Commercially Useful Functions: 49 CFR Part 26.55 specifies when DBE credit shall be awarded for work performed by a DBE. DBE credit can only be awarded for work actually performed by DBEs themselves for the types of work for which they are certified. When reporting DBE Commitments, only include the dollars that a DBE is expected to earn for work they perform with their own workforce and equipment. Update DBE LAP DIVISION 1 SPECIFICATIONS 01760 -Page 49 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Commitments to reflect changes to the initial amount that was previously reported or to add DBEs not initially reported. When a DBE participates in a contract, the value of the work is determined in accordance with 49 CFR Part 26.55, for example: 1. The Department will count only the value of the work performed by the DBE toward DBE goals. The entire amount of the contract that is performed by the DBE's own forces (including the cost of supplies, equipment and materials obtained by the DBE for the contract work) will be counted as DBE credit. 2. The Department will count the entire amount of fees or commissions charged by the DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services or for providing bonds or insurance specifically required for the performance of a Department- assisted contract, toward DBE goals, provided that the Department determines the fees to be reasonable and not excessive as compared with fees customarily followed for similar services. 3. When the DBE subcontracts part of the work of its contract to another firm, the Department will count the value of the subcontracted work only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non -DBE firm does not count toward DBE goals. 4. When a DBE performs as a participant in a joint venture, the Department will count the portion of the dollar value of the contract equal to the distinct, clearly defined portion of the work the DBE performs with its own forces toward DBE goals. 5. The Contractors shall ensure that only expenditures to DBEs that perform a commercially useful function (CUF) in the work of a contract may be counted toward the voluntary DBE goal. 6. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. 7. Contractors wishing to use joint checks involving DBE credit must provide written notice to the District Contract Compliance Office prior to issuance of the joint check. The Contractor must also provide a copy of the notice to the DBE subcontractor and maintain a copy with the project records. 8. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors. LAP DIVISION 1 SPECIFICATIONS 01760 -Page 50 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 9. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. 10. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own workforce, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE has not performed a commercially useful function. 7 -24.6 Prompt Payments: Meet the requirements of 9 -5 for payments to all DBE subcontractors 7 -25 On- The -Job Training Requirements. As part of the Contractor's equal employment opportunity affirmative action program, training shall be provided as follows: The Contractor shall provide On- The -Job Training aimed at developing full journeymen in the type of trade or job classification involved in the work. In the event the Contractor subcontracts a portion of the contract work, it shall determine how many, if any, of the trainees are to be trained by the subcontractor provided, that the Contractor shall retain the primary responsibility for meeting the training requirements imposed by this Section. Ensure that, when feasible, 25% of trainees in each occupation are in their first year of training. The Contractor shall incorporate the requirements of this Section into such subcontract. The number of trainees will be estimated on the number of calendar days of the contract, the dollar value, and the scope of work to be performed. The trainee goal will be finalized at a Post - Preconstruction Trainee Evaluation Meeting and the goal will be distributed among the work classifications based on the following criteria: 1. Determine the number of trainees on Federal Aid Contract: a. No trainees will be required for contracts with a Contract Time allowance of less than 275 calendar days. b. If the Contract Time allowance is 275 calendar days or more, the number of trainees shall be established in accordance with the following chart: Estimated Contract Amount Trainees Required $2,000,000 or less 0 Over $2,000,000 to $4,000,000 12 Over $4,000,000 to $6,000,000 3 Over $6,000,000 to $12,000,000 5 Over $12,000,000 to $18,000,000 7 Over $18,000,000 to $24,000,000 9 Over $24,000,000 to $31,000,000 12 LAP DIVISION 1 SPECIFICATIONS 01760 -Page 51 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Estimated Contract Amount rainees Required 000000 to $3� Over $31, , 7,000,000 13 Over $37,000,000 to $43,000,000 14 Over $43,000,000 to $49,000,000 15 Over $49,000,000 to $55,000,000 16 Over $55,000,000 to $62,000,000 _ 17 Over $62,000,000 to $68,000,000 18 Over $68,000,000 to $74,000,000 19 ...... ................................................... Over $74,000,000 to $81,000,000 20 Over $81,000,000 to $87,000,000 21 Over $87,000,000 to $93,000,000 22 Over $93,000,000 to $99,000,000 23 Over $99,000,000 to $105,000,000 ...__.... 24 Over $105,000,000 to $112,000,000 25 Over $112,000,000 to $118,000,000 26 Over $118,000,000 to $124,000,000 27 Over $124,000,000 to $130,000,000 _ 28 Over $130,000,000 to *One additional trainee per $6,000,000 of estimated Construction Contract amount over $130,000,000 Further, if the Contractor or subcontractor requests to utilize banked trainees as discussed later in this Section, a Banking Certificate will be validated at this meeting allowing credit to the Contractor for previously banked trainees. Banked credits of prime Contractors working as Subcontractors may be accepted for credit. The Contractor's Project Manager, the Construction Project Engineer and the Department's District Contract Compliance Manager will attend this meeting. Within ten days after the Post - Preconstruction Training Evaluation Meeting, the Contractor shall submit to the Department for approval an On- The -Job Training Schedule indicating the number of trainees to be trained in each selected classification and the portion of the Contract Time during which training of each trainee is to take place. This schedule may be subject to change if any of the following occur: LAP DIVISION 1 SPECIFICATIONS 01760 -Page 52 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 1. When a start date on the approved On- The -Job Training Schedule has been missed by 14 or more days; 2. When there is a change in previously approved classifications; 3. When replacement trainees are added due to voluntary or involuntary termination The revised schedule will be resubmitted to and approved by the Department's District Contract Compliance Manager. The following criteria will be used in determining whether or not the Contractor has complied with this Section as it relates to the number of trainees to be trained: 1. Credit will be allowed for each trainee that is both enrolled and satisfactorily completes training on this Contract. Credit for trainees, over the established number for this Contract, will be carried in a "bank" for the Contractor and credit will be allowed for those surplus trainees in subsequent, applicable projects. A "banked" trainee is described as an employee who has been trained on a project, over and above the established goal, and for which the Contractor desires to preserve credit for utilization on a subsequent project. 2. Credit will be allowed for each trainee that has been previously enrolled in the Department's approved training program on another contract and continues training in the same job classification and completes their training on a different contract. 3. Credit will be allowed for each trainee who, due to the amount of work available in their classification, is given the greatest practical amount of training on the contract regardless of whether or not the trainee completes training. 4. Credit will be allowed for any training position indicated in the approved On- The -Job Training Schedule, if the Contractor can demonstrate that made a good faith effort to provide training in that classification was made. 5. No credit will be allowed for a trainee whose employment by the Contractor is involuntarily terminated unless the Contractor can clearly demonstrate good cause for this action. Training and upgrading of minorities, women and economically disadvantaged persons toward journeyman status is a primary objective of this Section. Accordingly, the Contractor shall make every effort to enroll minority trainees and women (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees) to the extent such persons are available within a reasonable area of recruitment. If a non - minority male is enrolled into the On- The -Job Training Program, the On- The -Job Training Notification of Personnel Action Form notifying the District Contract Compliance Manager of such action shall be accompanied by a disadvantaged certification or a justification for such action acceptable to the Department's District Contract Compliance Manager. The Contractor will be given an opportunity and will be responsible for demonstrating the steps that it has taken in LAP DIVISION 1 SPECIFICATIONS 01760 -Page 53 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER pursuance thereof, prior to a determination as to whether the Contractor is in compliance with this Section. This training is not intended, and shall not be used, to discriminate against any applicant for training, whether a minority, woman or disadvantaged person. No employee shall be employed as a trainee in any classification in which they have successfully completed a training course leading to journeyman status, or have been employed as a journeyman. The Contractor may satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used, the Contractor's records should document the findings in each case. The minimum length and type of training for each classification will be as established at the Post- Preco nstruction Trainee Evaluation Meeting and approved by the Department. Graduation to journeyman status will be based upon satisfactory completion of a Proficiency Demonstration set up at the completion of training and established for the specific training classification, completion of the minimum hours in a training classification range, and the employer's satisfaction that the trainee does meet journeyman status in the classification of training. Upon reaching journeyman status, the following documentation must be forwarded to the District Contract Compliance Office: 1. Trainee Enrollment and Personnel Action Form 2. Proficiency Demonstration Verification Form indicating completion of each standard established for the classification signed by representatives of both the Contractor and the Department. The Department and the Contractor shall establish a program that is tied to the scope of the work in the project and the length of operations providing it is reasonably calculated to meet the equal employment opportunity obligations of the Contractor and to qualify the average trainee for journeyman status in the classifications concerned, by at least, the minimum hours prescribed for a training classification. Furthermore, apprenticeship programs registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau and training programs approved but not necessarily sponsored by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training shall also be considered acceptable provided it is being administered in a manner consistent with the equal employment obligations of Federal Aid highway construction contract. Approval or acceptance of a training schedule shall be obtained from the Department prior to commencing work on the classifications covered by the program. A voluntary On- The -Job Training Program is available to a Contractor which has been awarded a state funded project. Through this program, the Contractor will have the option to train employees on state funded projects for "banked credit" as discussed previously in this provision, to be utilized on subsequent Federal Aid Projects where training is required. Those Contractors availing themselves of this opportunity to train personnel on state funded projects and bank trainee hours for credit shall comply with all training criteria set forth in this Section for Federal Aid Projects; voluntary banking may LAP DIVISION 1 SPECIFICATIONS 01760 -Page 54 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER be denied by the Department if staff is not available to monitor compliance with the training criteria. It is the intention of these provisions that training is to be provided in the construction crafts rather than clerk- typists or secretarial type positions. Training is permissible in lower level management positions such as office engineers, estimators, etc., where the training is oriented toward construction applications. Training in the laborer classifications, except Common /General Laborer, may be permitted provided that significant and meaningful training is provided and approved by the District Contract Compliance Office. When approved in advance by the District Contract Compliance Manager, credit will be given for training of persons in excess of the number specified herein under the current contract or a Contractor will be allowed to bank trainees who have successfully completed a training program and may apply those trainees to a training requirement in subsequent project(s) upon approval of the Department's District Contract Compliance Manager. This credit will be given even though the Contractor may receive training program funds from other sources, provided such other source do not specifically prohibit the Contractor from receiving other form of compensation. Offsite training is permissible as long as the training is an integral part of an approved training program and does not compromise a significant part of the overall training. Credit for offsite training indicated above may only be made to the Contractor when it does one or more of the following and the trainees are concurrently employed on a Federal Aid Project: 1. Contributes to the cost of the training, 2. Provides the instruction to the trainee, 3. Pays the trainee's wages during the offsite training period. The Contractor shall compensate the trainee at no less than the laborer rate established in the Contract at the onset of training. The compensation rate will be increased to the journeyman's wage upon graduation from the training program for the remainder of the time the trainee works in the classification in which they were trained. The Contractor shall furnish the trainee a copy of the program they will follow in providing the training. The Contractor shall provide each trainee with a certification showing the type and length of training satisfactorily completed. The Contractor shall enroll a trainee in one training classification at a time to completion before the trainee can be enrolled in another classification on the same project. The Contractor shall maintain records to document the actual hours each trainee is engaged in training on work being performed as a part of this Contract. The Contractor shall submit to the District Contract Compliance Manager a copy of an On- The -Job Training Notification of Personnel Action form no later than seven days after the effective date of the action when the following actions occur: a trainee is transferred on the project, transferred from the project to continue training on another contract, completes training, is upgraded to journeyman status or voluntary terminates or is involuntary terminated from the project. LAP DIVISION 1 SPECIFICATIONS 01760 -Page 55 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER The Contractor shall furnish to the District Contract Compliance Manager a copy of a Monthly Time Report for each trainee. The Monthly Time Report for each month shall be submitted no later than the tenth day of the subsequent month. The Monthly Time Report shall indicate the phases and sub - phases of the number of hours devoted to each proficiency. Highway or Bridge Carpenter Helper, Mechanic Helper, Rodman /Chainman, and Timekeeper classifications will not be approved for the On- The -Job Training Program. The number of trainees may be distributed among the work classifications on the basis of the Contractor's needs and the availability of journeymen in the various classifications within a reasonable area of recruitment. The Contractor will have fulfilled the responsibilities of this Specification when acceptable training has been provided to the trainee as specified above. 7 -26 Cargo Preference Act — Use of United States -Flag Vessels. Pursuant to Title 46 CFR 381, the Contractor agrees 1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this Contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on- board' commercial ocean bill -of- lading in English for each shipment of cargo described in paragraph 1 of this Article to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of- lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. 3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this Contract. 7 -29 E- Verify. 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. 7 -31 Title VI Assurance — DOT 1050.2A, Appendix A and Appendix E. 7 -31.1 Appendix A: During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor') agrees as follows: 1. Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally- assisted programs of the US Department of LAP DIVISION 1 SPECIFICATIONS 01760 -Page 56 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Transportation (hereinafter, "USDOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the basis of race, color, national origin or sex in the selection and retention of sub - contractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for subcontractors, including procurements of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, or sex. 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, order and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the Florida Department of Transportation shall impose such Contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the Contract until the Contractor complies, or b. cancellation, termination or suspension of the Contract, in whole or in part. 6. Incorporation of Provisions: The Contractor shall include the provisions of the 7 -30.1 through 7 -30.6 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety LAP DIVISION 1 SPECIFICATIONS 01760 -Page 57 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 7 -31.2 Appendix E: During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor" agrees to comply with the following non - discrimination statutes and authorities; including but not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired of Federal or Federal -aid programs and projects); 3. Federal -Aid Highway Act of 1973, (23 U.S.0 § 324 et seq.), (prohibits discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); 6. Airport and Airway Improvement Act of 1982, (49 U.S.C. 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color national origins or sex); 7. The Civil Rights Restoration Act of 1987 (PL 100 -209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); 8. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; 8 -1 Subletting or Assigning of Contracts. Do not, sell, transfer, assign or otherwise dispose of the Contract or Contracts or any portion thereof, or of the right, title, or interest therein, without written consent of the Department. If the Contractor chooses to sublet any portion of the Contract, the Contractor must provide a written request to sublet work on the Certification of Sublet Work form developed by the Department for LAP DIVISION 1 SPECIFICATIONS 01760 -Page 58 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER this purpose. With the Engineer's acceptance of the request, the Contractor may sublet a portion of the work, but shall perform with its own organization work amounting to not less than 40% of the total Contract amount. The Certification of Sublet Work request will be deemed acceptable by the Department, for purposes of the Department's consent, unless the Engineer notifies the Contractor within 5 business days of receipt of the Certification of Sublet Work that the Department is not consenting to the requested subletting. Include in the total Contract amount the cost of materials and manufactured component products, and their transportation to the project site. For the purpose of meeting this requirement the Department will not consider off -site commercial production of materials and manufactured component products that the Contractor purchases, or their transportation to the project, as subcontracted work. If the Contractor sublets a part of a Contract item, the Department will use only the sublet proportional cost in determining the percentage of subcontracted normal work. Execute all agreements to sublet work in writing and include all pertinent provisions and requirements of the Contract. All other agreements must be in writing and reference all applicable Contract provisions. Upon request, furnish the Department with a copy of the subcontract and agreement. The subletting of work does not relieve the Contractor or the surety of their respective liabilities under the Contract. The Department recognizes a subcontractor only in the capacity of an employee or agent of the Contractor, and the Engineer may require the Contractor to remove the subcontractor as in the case of an employee. 8 -7.3.2 Contract Time Extensions: The Department may grant an extension of Contract Time when a controlling item of work is delayed by factors not reasonably anticipated or foreseeable at the time of bid. The Department may allow such extension of time only for delays occurring during the Contract Time period or authorized extensions of the Contract Time period. When failure by the Department to fulfill an obligation under the Contract results in delays to the controlling items of work, the Department will consider such delays as a basis for granting a time extension to the Contract. Whenever the Engineer suspends the Contractor's operations, as provided in 8 6, for reasons other than the fault of the Contractor, the Engineer will grant a time extension for any delay to a controlling item of work due to such suspension. The Department will not grant time extensions to the Contract for delays due to the fault or negligence of the Contractor. The Department does not include an allowance for delays caused by the effects of inclement weather or suspension of Contractor's operations as defined in 8 -6.4, in establishing Contract Time. The Engineer will continually monitor the effects of weather and, when found justified, grant time extensions on either a bimonthly or monthly basis. The Engineer will not require the Contractor to submit a request for additional time due to the effects of weather. The Department will grant time extensions, on a day for day basis, for delays caused by the effects of rains or other inclement weather conditions, related adverse soil conditions LAP DIVISION 1 SPECIFICATIONS 01760 -Page 59 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER or suspension of operations as defined in 8 -6.4 that prevent the Contractor from productively performing controlling items of work resulting in: 1. The Contractor being unable to work at least 50% of the normal work day on pre- determined controlling work items; or 2. The Contractor must make major repairs to work damaged by weather, provided that the damage is not attributable to the Contractor's failure to perform or neglect; and provided that the Contractor was unable to work at least 50% of the normal workday on pre- determined controlling work items. No additional compensation will be made for delays caused by the effects of inclement weather. The Department will consider the delays in delivery of materials or component equipment that affect progress on a controlling item of work as a basis for granting a time extension if such delays are beyond the control of the Contractor or supplier. Such delays may include an area -wide shortage, an industry-wide strike, or a natural disaster that affects all feasible sources of supply. In such cases, the Contractor shall furnish substantiating letters from a representative number of manufacturers of such materials or equipment clearly confirming that the delays in delivery were the result of an area - wide shortage, an industry-wide strike, etc. No additional compensation will be made for delays caused by delivery of materials or component equipment. The Department will not consider requests for time extension due to delay in the delivery of custom manufactured equipment such as traffic signal equipment, highway lighting equipment, etc., unless the Contractor furnishes documentation that he placed the order for such equipment in a timely manner, the delay was caused by factors beyond the manufacturer's control, and the lack of such equipment caused a delay in progress on a controlling item of work. No additional compensation will be paid for delays caused by delivery of custom manufactured equipment. The Department will consider the affect of utility relocation and adjustment work on job progress as the basis for granting a time extension only if all the following criteria are met: 1. Delays are the result of either utility work that was not detailed in the Plans, or utility work that was detailed in the Plans but was not accomplished in reasonably close accordance with the schedule included in the Contract Documents. 2. Utility work actually affected progress toward completion of controlling work items. 3. The Contractor took all reasonable measures to minimize the effect of utility work on job progress, including cooperative scheduling of the Contractor's operations with the scheduled utility work at the preconstruction conference and providing adequate advance notification to utility companies as to the dates to coordinate their operations with the Contractor's operations to avoid delays. LAP DIVISION 1 SPECIFICATIONS 01760 -Page 60 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER As a condition precedent to an extension of Contract Time the Contractor must submit to the Engineer: A preliminary request for an extension of Contract Time must be made in writing to the Engineer within ten calendar days after the commencement of a delay to a controlling item of work. If the Contractor fails to submit this required preliminary request for an extension of Contract Time, the Contractor fully, completely, absolutely and irrevocably waives any entitlement to an extension of Contract Time for that delay. In the case of a continuing delay only a single preliminary request for an extension of Contract Time will be required. Each such preliminary request for an extension of Contract Time shall include as a minimum the commencement date of the delay, the cause of the delay, and the controlling item of work affected by the delay. Furthermore, the Contractor must submit to the Engineer a request for a Contract Time extension in writing within 30 days after the elimination of the delay to the controlling item of work identified in the preliminary request for an extension of Contract Time. Each request for a Contract Time extension shall include as a minimum all documentation that the Contractor wishes the Department to consider related to the delay, and the exact number of days requested to be added to Contract Time. If the Contractor contends that the delay is compensable, then the Contractor shall also be required to submit with the request for a Contract Time extension a detailed cost analysis of the requested additional compensation. If the Contractor fails to submit this required request for a Contract Time extension, with or without a detailed cost analysis, depriving the Engineer of the timely opportunity to verify the delay and the costs of the delay, the Contractor waives any entitlement to an extension of Contract Time or additional compensation for the delay. Upon timely receipt of the preliminary request of Contract Time from the Contractor, the Engineer will investigate the conditions, and if it is determined that a controlling item of work is being delayed for reasons beyond the control of the Contractor the Engineer will take appropriate action to mitigate the delay and the costs of the delay. Upon timely receipt of the request for a Contract Time extension the Engineer will further investigate the conditions, and if it is determined that there was an increase in the time or the cost of performance of the controlling item of work beyond the control of the Contractor, then an adjustment of Contract Time will be made, and a monetary adjustment will be made, excluding loss of anticipated profits, and the Contract will be modified in writing accordingly. The existence of an accepted schedule, including any required update(s), as stated in 8- 3.2, is a condition precedent to the Contractor having any right to the granting of an extension of Contract Time or any monetary compensation arising out of any delay. Contractor failure to have an accepted schedule, including any required update(s), for the period of potential impact, or in the event the currently accepted schedule and applicable updates do not accurately reflect the actual status of the project or fail to accurately show the true controlling or non - controlling work activities for the period of potential impact, will result in any entitlement determination as to time or money for such period of potential impact being limited solely to the Department's analysis and identification of the actual controlling or non - controlling work activities. Further, in such LAP DIVISION 1 SPECIFICATIONS 01760 -Page 61 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER instances, the Department's determination as to entitlement as to either time or compensability will be final, unless the Contractor can prove by clear and convincing evidence to a Disputes Review Board that the Department's determination was without any reasonable factual basis. 8 -10 Liquidated Damages for Failure to Complete the Work. 8 -10.2 Amount of Liquidated Damages: Applicable liquidated damages are the amounts established in the following schedule: Original Contract Amount $50,000 and under Over $50,000 but less than $250,000 $250,000 but less than $500,000 $500,000 but less than $2,500,000 $2,500,000 but less than $5,000,000 $5,000,000 but less than $10,000,000 $10,000,000 but less than $15,000,000 $15,000,000 but less than $20,000,000 Daily Charge Per Calendar Day $763 $958 $1,099 $1,584 $2,811 $3,645 $4,217 $4,698 $20,000,000 and over $6,323 plus 0.00005 of any amount over $20 million (Round to nearest whole dollar) FROM SECTION 9 (PARTIAL PAYMENTS). 9 -5 Partial Payments. 9 -5.1 General: The Engineer will make partial payments on monthly estimates based on the amount of work that the Contractor completes during the month (including delivery of certain materials, as specified herein below). The Engineer will make approximate monthly payments, and the Department will correct all partial estimates and payments in the subsequent estimates and in the final estimate and payment. The Department will base the amount of such payments on the total value of the work that the Contractor has performed to the date of the estimate, based on the quantities completed and the Contract prices, less payments previously made and less any retainage withheld. Retainage will not be withheld until the percent of Contract Time used exceeds 75 %. From that time forward, the Department will withhold retainage of 10% of the amount due on the current estimate as retainage when the percent of Contract Time used exceeds the percent of Contract amount earned by more than 15 %. Contract amount is defined as the original Contract amount adjusted by approved supplemental agreements. LAP DIVISION 1 SPECIFICATIONS 01760 -Page 62 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Retainage will be determined for each job on multiple job Contracts. The Department will not accept Securities, Certificates of Deposit or letters of credit as a replacement for retainage. Amounts withheld will not be released until payment of the final estimate. 9 -5.2 Unsatisfactory Payment Record: In accordance with Sections 255.05 and 337.16 of the Florida Statutes, and the rules of the Department, the Department may disqualify the Contractor from bidding on future Department contracts if the Contractor's payment record in connection with contract work becomes unsatisfactory. 9 -5.3 Withholding Payment: 9 -5.3.1 Withholding Payment for Defective Work: If the Department discovers any defective work or material prior to the final acceptance, or if the Department has a reasonable doubt as to the integrity of any part of the completed work prior to final acceptance, then the Department will not allow payment for such defective or questioned work until the Contractor has remedied the defect and removed any causes of doubt. 9 -5.3.2 Withholding Payment for Failure to Comply: The Department will withhold progress payments from the Contractor if he fails to comply with any or all of the following within 60 days after beginning work: 1. comply with and submit required paperwork relating to prevailing wage rate provisions, Equal Employment Opportunity, On- The -Job Training, and Affirmative Action; 2. comply with the requirement to all necessary information, including actual payments to DBEs, all other subcontractors and major suppliers, through the Internet based Equal Opportunity Reporting System; 3. comply with or make a good faith effort to ensure employment opportunity for minorities and females in accordance with the required contract provisions for Federal Aid Construction Contracts, and 4. comply with or make a good faith effort to meet On- The -Job Training goals. The Department will withhold progress payments until the Contractor has satisfied the above conditions. 9 -5.4 Release of Retainage After Acceptance: When the Contractor has furnished the Department with all submittals required by the Contract, such as invoices, EEO reports, materials certifications, certification of materials procured, etc., (excluding Contractor's letter of acceptance of final amount due and Form 21 A release) and the Engineer has determined that the measurement and computation of pay quantities is correct, the Department may reduce the retainage to $1,000 plus any amount that the Department elects to deduct for defective work as provided in 9 5.3. The Department will not allow a semifinal estimate under the provisions of the above paragraphs unless the time elapsing between (1) acceptance of the project and receipt of all test reports, invoices, etc., and (2) submission of the final estimate to the Contractor for acceptance, exceeds or is expected to exceed ten days. LAP DIVISION 1 SPECIFICATIONS 01760 -Page 63 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER The Department may deduct from payment estimates any sums that the Contractor owes to the Department on any account. Where more than one project or job (separate job number) is included in the Contract, the Department will distribute the reduced retainage as provided in the first paragraph of this Subarticle to each separate project or job in the ratio that the Contract value of the work for the particular job bears to the total Contract amount. 9 -5.5 Partial Payments for Delivery of Certain Materials: 9 -5.5.1 General: The Department will allow partial payments for new materials that will be permanently incorporated into the project and are stockpiled in approved locations in the project vicinity. Stockpile materials so that they will not be damaged by the elements and in a manner that identifies the project on which they are to be used. The following conditions apply to all payments for stockpiled materials: 1. There must be reasonable assurance that the stockpiled material will be incorporated into the specific project on which partial payment is made. 2. The stockpiled material must be approved as meeting applicable specifications. 3. The total quantity for which partial payment is made shall not exceed the estimated total quantity required to complete the project. 4. The Contractor shall furnish the Engineer with copies of certified invoices to document the value of the materials received. The amount of the partial payment will be determined from invoices for the material up to the unit price in the Contract. 5. Delivery charges for materials delivered to the jobsite will be included in partial payments if properly documented. 6. Partial payments will not be made for materials which were stockpiled prior to award of the Contract for a project. 9 -5.5.2 Partial Payment Amounts: The following partial payment restrictions apply: 1. Partial payments less than $5,000 for any one month will not be processed 2. Partial payments for structural steel and precast prestressed items will not exceed 85% of the bid price for the item. Partial payments for all other items will not exceed 75% of the bid price of the item in which the material is to be used. 3. Partial payment will not be made for aggregate and base course material received after paving or base construction operations begin except when a construction sequence designated by the Department requires suspension of paving and base construction after the initial paving operations, partial payments will be reinstated until the paving and base construction resumes. 9 -5.5.3 Off Site Storage: If the conditions of 9 5.5.1 are satisfied, partial payments will be allowed for materials stockpiled in approved in -state locations. Additionally, partial LAP DIVISION 1 SPECIFICATIONS 01760 -Page 64 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER payments for materials stockpiled in approved out -of -state locations will be allowed if the conditions of 9 5.5.1 and the following conditions are met: 1. Furnish the Department a Materials Bond stating the supplier guarantees to furnish the material described in the Contract to the Contractor and Department. Under this bond, the Obligor shall be the material supplier and the Obligees shall be the Contractor and the Florida Department of Transportation. The bond shall be in the full dollar amount of the bid price for the materials described in the contract. 2. The following clauses must be added to the construction Contract between the Contractor and the supplier of the stockpiled materials: "Notwithstanding anything to the contrary, <supplier> will be liable to the Contractor and the Florida Department of Transportation should <supplier> default in the performance of this agreement." "Notwithstanding anything to the contrary, this agreement, and the performance bond issued pursuant to this agreement, does not alter, modify, or otherwise change the Contractor's obligation to furnish the materials described in this agreement to the Florida Department of Transportation." 3. The agreement between the Contractor and the supplier of the stockpiled materials must include provisions that the supplier will store the materials and that such materials are the property of the Contractor. 9 -5.6 Certification of Payment to Subcontractors: The term "subcontractor," as used herein, includes persons or firms furnishing materials or equipment incorporated into the work or stockpiled for which the Department has made partial payment and firms working under equipment - rental agreements. The Contractor is required to pay all subcontractors for satisfactory performance of their Contracts before the Department will make a further progress (partial) payment. The Contractor shall also return all retainage withheld to the subcontractors within 30 days after the subcontractor's work is satisfactorily complete, as determined by the Department. Prior to receipt of any progress (partial) payment, the prime contractor shall certify that all subcontractors having an interest in the Contract were paid for satisfactory performance of their Contracts and that the retainage is returned to subcontractors within 30 days after satisfactory completion of the subcontractor's work. Provide this certification in the form designated by the Department. Within 30 days of the Contractor's receipt of the final progress payment or any other payments thereafter, except the final payment, the Contractor shall pay all subcontractors and suppliers having an interest in the Contract for all work completed and materials furnished. The Department will honor an exception to the above when the Contractor demonstrates good cause for not making any required payment and furnishes written notification of any such good cause to both the Department and the affected subcontractors or suppliers within said 30 day period. The Contractor shall indemnify and provide defense for the Department when called upon to do so for all claims or suits against the Department, by third parties, pertaining to Contractor payment or performance issues arising out of the Contract. It is expressly understood that the LAP DIVISION 1 SPECIFICATIONS 01760 -Page 65 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER monetary limitation on the extent of the indemnification shall be the approved Contract amount, which shall be the original Contract amount as may be increased by subsequent Supplemental Agreements. End of Section 01760 LAP DIVISION 1 SPECIFICATIONS 01760 -Page 66 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER SECTION 01770 ATTACHMENT A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -016-46" LAP CERTIFICATION OF CURRENT CAPACITY PROGRAM MANAGEMENT 12/09 Page 1 of 2 CONFIDENTIAL Fill in your FDOT Vendor Number For bids to be received on N I (Letting Date) VF , (Only applicable to FDOT pre - quahfted contractors) CERTIFICATE I hereby certify that the amount of any proposal submitted by this bidder for the above letting does not exceed the amount of the Firm's CURRENT CAPACITY (maximum capacity rating less total uncompleted work). The total uncompleted work as shown on the "Status of Contracts on Hand" report (page 2) $ I further certify that the "Status of Contracts on Hand" report (page 2) was prepared as follows 1. If the letting is before the 25 day of the month, the certificate and report reflect the uncompleted work as of the 15 day of the month, last preceding the month of the letting. 2. If the letting is after the 25 day of the month, the certificate and report reflects the uncompleted work in progress as of the 15 day of the month of the letting. 3. All new contracts (and subcontracts) awarded earlier than five days before the letting date are included in the report and charged against our total rating. I certify that the information above is correct. l Sworn o and subscribed this 1 day of 4 d° , 20 LAY: ' R c . Title ATTACHMENT A 01770 -Page 67 of 92 D D M z STATUS OF CONTRACTS ON HAND (Furnish complete information about all your contracts, whether prime or subcontracts; whether in progress or awarded, but not yet begun; and regardless of whom contracted with.) 525 -010 -46 PROGRAM MANAGEMENT 12/09 Page 2 0f2 1 2 3 4 PROJECTS S O C OU R ACT TO OB L HERS CONTRA OF OWNER, LOCATION AND DESCRIPTION ) 5 6 UNCOMPLETED AMOUNT TO BE DONE BY YOU AS PRIME I AS CONTRACTOR SUBCONTRACTOR NOTE: Columns 2 and 3 to showtotal contract (or subcontract) amounts. Column 4 to be difference TOTALS $0.00 $0.00 between columns 2 and 3. Amount in columns 5 or 6 to be uncompleted portion of amount in column 4. All i amounts to be shown to nearest $100. The Contractor may consolidate and list as a single item all TOTAL UNCOMPLETED WORK ON contracts which, individually, do not exceed 3% of total, and which, in the aggregate, amount to less than 20% of the total HAND TO BE DONE BY YOU $0.00 (TOTAL COLUMNS 5 AND 6) Fn M + "" - rrr r - r TU r tt - r VM& rr wmeTimmum PROJ ECT DESCRIPTION AUJUSteo Contract Value Column 2 Amount Sublet To Others Column 3 Balance of Contract Amount Column 4 BALANCE TO COMPLETE Columns 5 6 REEF ENTERPRISE, L-C: ENCLAVE AT RIVIERA $ 386,15165 $ $ $ $ 386,153.65 $ 51,907.34 JEWEL CONSTRUCTION: OLD TOWN VILLAS $ 575,621,00 $ $ 5,599,75 $ 575,621.00 $ 68,176.55 CITY OF KEY WEST: VFDs $ 3,700,323.11 $ 241,522.00 $ 3,700,323.11 $ 444.00 CITY OF KEY WEST: TRUMAN WATERFRONT 5 14,719,868.05 $ 6,000,000.00 $ 8,719,868.05 $ 1,500,000.00 THE LANDINGS AT KEY HAVEN ESTATES, LLC $ 1,050,000.00 $ $ 1,050,000.00 $ CITY OF KEY WEST: GUSC DONALD AVE $ 446,789.20 $ $ 446,789.20 $ 30,000.00 FKAA: KEY HAVEN UTILITIES IMPROVEMENT $ 2,779,313.80 $ 200,000.00 $ 2,579,313.80 $ 340,000,00 ROCKFORD CONSTRUCTION: POINCIANA HOUSING $ 938,912.00 S • $ 938,912.00 $ 117,406.70 FKAA: BOCA CHICA PUMP STATION $ 2,020,468.00 $ 100,000.00 $ 1,920,468.00 $ 100,000.00 DN HIGGINS: KEY HAVEN TEMPORARY INJECTION WELLS $ 80,000.00 $ . $ 80,000.00 $ 9,500.00 MONROE COUNTY: KWIA DRAINAGE GAKAP146 $ 1,655,480.85 $ 400,000.00 $ 1,255,480.85 $ 985,000.00 ABC CONSTRUCTION, INC: KWIA APRON 5 1,020,832.00 $ 100,000.00 $ 920,832.00 $ 495,000.00 WEEKLY ASPHALT: BLIMP ROAD $ 79,014.00 $ $ 79,014.00 $ 30,027.00 ENCHANTED ISLAND UTILITY CONNECT $ 481,025.00 $ $ 481,025.00 $ 481,025.00 GENERAL ASPHALT: MARATHON FOOT E -6196 $ 1,010,539.33 $ 100,000.00 $ 910,539.33 $ 300,000.00 SAINT MARY'S ACTIVITY CENTER $ 1,785,107.80 $ 1,500,000.00 $ 285,107.80 $ 75,DD0.00 CITY OF KEY WEST: WON3 WINDSOR LN $ 17,488.45 $ $ 17,488.45 $ CITY OF KEY WEST: WOKS WHITEHEAD SIDEWALKS CITY OF KEY WEST: WOk7 SOUTHARD MILL AND PAVE $ $ 105,530,50 600,528.28 $ $ 300,000.00 $ $ 105,530.50 3001528.28 $ 86,460.20 $ 50,000.00 HOB BUS LOOP: MCSD $ 723,700.00 $ 50,000.00 $ 673,700,00 $ 100,000 00 MONROE COUNTY STOCK ISLAND ROADWAY& DRAINAGE $ 3,953,134.47 $ 450,000.00 $ 3,503,134.47 $ 3,100,000.00 AJAX BUILDING CORP /GERALD ADAMS $ 4,392,785.81 $ 200,000.00 $ 4,192,785.81 $ 1,900,000.00 SUNSET KEY UTILITY CONNECTION $ 501,048.00 $ 100,000.00 $ 401,048.00 $ 26,42975 CKW: PAVEMENT MARKINGS, STRIPING, SIGNAGE $ 311,354.55 $ 5 311,354.55 $ 95,000.00 UNITED & GRINNELLST WATER MAIN IMPROVEMENTS $ 527,921.24 $ $ 527,921.24 $ 50,000.00 TRUMAN AMPHITHEATER /MOLEPIER $ 183,593.00 $ $ 183,593.00 $ 5,599,75 FOOT PUSH BUTTON CONTRACT /STRAIGHT AHEAD CONSTRI $ 88,999.21 $ $ 88,999.21 5 (O.DOM NILESSHOWROOM /MARINO CONSTRUCTION $ 241,522.00 $ 241,522.00 $ 241,522.00 BANNER TIRE DEMO/ REEL DEVELOPERS $ 60,000.00 $ 60,000.00 $ 60,000.00 D.L. PORTER:SMATHERS BATHROOM $ 95,000.00 $ $ 95,000.00 $ 95,000.00 KWIARUNWAY /GENERAL ASPHALT $ 2,322,853.50 $ $ 2,322,853.50 $ 1,750,000.00 KEY HAVEN FM TRANSMISSION: FKAA $ 2,762,000.00 $ 1,200,000.00 $ 1,562,000.00 $ 1,562,000.00 C U Z L C 0 0 0 L U 0 U Amount To be Completed by Charley Toppino 9 Sons $ 13,610,498.29 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER Disadvantaged Business Enterprise Program. Disadvantaged Business Enterprise Affirmative Action Plan: Prior to award of the Contract, have an approved Disadvantaged Business Enterprise (DBE) Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded until the Department approves the Plan. The DBE Affirmative Action Program Plan is incorporated into and made a part of the Contract. Required Contract and Subcontract DBE Assurance Language: In accordance with 49 CFR 26.13 (b), the Contract FDOT signs with the Contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The Contractor, sub - recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to, 1. Withholding monthly progress payments; 2. Assessing sanctions; 3. Liquidated damages; and /or 4. Disqualifying the Contractor from future bidding as non - responsible." Plan Requirements: Include the following in the DBE Affirmative Action Program Plan: 1. A policy statement, signed by an authorized representative (president, chief executive officer, or chairman of the contractor), expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible, outlining the various levels of responsibility, and stating the objectives of the program. Circulate the policy statement throughout the Contractor's organization. 2. The designation of a Liaison Officer within the Contractor's organization, as well as support staff, necessary and proper to administer the program, and a description of the authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing, managing, and implementing the program on a day -to -day basis for carrying out technical assistance activities for DBEs and for disseminating information on available business opportunities so that DBEs are provided an equitable opportunity to participate in Contracts let by the Department. 3. Utilization of techniques to facilitate DBE participation in contracting activities which include, but are not limited to: a. Soliciting price quotations and arranging a time for the review of Plans, quantities, specifications, and delivery schedules, and for the preparation and presentation of quotations. b. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing, or technical assistance. c. Carrying out information and communication programs or workshops on contracting procedures and specific contracting opportunities in a timely manner, with such programs being bilingual where appropriate. d. Encouraging eligible DBEs to apply for certification with the Department. e. Contacting Minority Contractor Associations and city and county agencies with programs for disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the Department. ATTACHMENT A 01770 -Page 69 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER DBE Records and Reports: Submit the following through the Equal Opportunity Compliance System: 1. DBE Commitments - at or before the Pre - Construction Conference. 2. Report monthly, through the Equal Opportunity Compliance System on the Department's Website, actual payments (including retainage) made to DBEs for work performed with their own workforce and equipment in the area in which they are certified. Report payments made to all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and MBE construction material and major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following: 1. the procedures adopted to comply with these Specifications; 2. the number of subordinated Contracts on Department projects awarded to DBEs; 3. the dollar value of the Contracts awarded to DBEs; 4. the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the total Contract amount; 5. a description of the general categories of Contracts awarded to DBEs; and 6. the specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the Department for review. Maintain all such records for a period of five years following acceptance of final payment and have them available for inspection by the Department and the Federal Highway Administration. Counting DBE Participation and Commercially Useful Functions: 49 CFR Part 26.55 specifies when DBE credit shall be awarded for work performed by a DBE. DBE credit can only be awarded for work actually performed by DBEs themselves for the types of work for which they are certified. When reporting DBE Commitments, only include the dollars that a DBE is expected to earn for work they perform with their own workforce and equipment. Update DBE Commitments to reflect changes to the initial amount that was previously reported or to add DBEs not initially reported. When a DBE participates in a contract, the value of the work is determined in accordance with 49 CFR Part 26.55, for example: 1. The Department will count only the value of the work performed by the DBE toward DBE goals. The entire amount of the contract that is performed by the DBE's own forces (including the cost of supplies, equipment and materials obtained by the DBE for the contract work) will be counted as DBE credit. 2. The Department will count the entire amount of fees or commissions charged by the DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services or for providing bonds or insurance specifically required for the performance of a Department- assisted contract, toward DBE goals, provided that the Department determines the fees to be reasonable and not excessive as compared with fees customarily followed for similar services. 3. When the DBE subcontracts part of the work of its contract to another firm, the Department will count the value of the subcontracted work only if the DBE's ATTACHMENT A 01770 -Page 70 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER subcontractor is itself a DBE. Work that a DBE subcontracts to a non -DBE firm does not count toward DBE goals. 4. When a DBE performs as a participant in a joint venture, the Department will count the portion of the dollar value of the contract equal to the distinct, clearly defined portion of the work the DBE performs with its own forces toward DBE goals. 5. The Contractors shall ensure that only expenditures to DBEs that perform a commercially useful function (CUF) in the work of a contract may be counted toward the voluntary DBE goal. 6. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. 7. Contractors wishing to use joint checks involving DBE credit must provide written notice to the District Contract Compliance Office prior to issuance of the joint check. The Contractor must also provide a copy of the notice to the DBE subcontractor and maintain a copy with the project records. 8. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors. 9. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. 10. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own workforce, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE has not performed a commercially useful function. Prompt Payments: Meet the requirements of 9 -5 for payments to all DBE subcontractors. ATTACHMENT A 01770 -Page 71 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275 -030-11 DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY 010I14 Page 1 o1`2 DBE Utilization The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not placed on Federal /State contracts; however, the Department has an overall 9.91% DBE goal it must achieve. In order to assist contractors in determining their DBE commitment level, the Department has reviewed the estimates for this letting. As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the low bidder executes the contract with the Department, information will be requested of the contractor's DBE participation for the project. While the utilization is not mandatory in order to be awarded the project, continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs. Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A 0% DBE availability may have been established due to any of the following reasons: limited identified subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are encouraged to identify any opportunities to subcontract to DBE's. Please contact the Equal Opportunity Office at (850) 414 -4747 if you have any questions regarding this information. Forms maybe downloaded at: www.dot.state.fl.us/proc,,e,,duraidocuments/ DBE Reporting If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity Compliance system prior to the pre- construction or pre -work conference for all federal and state funded projects. This will not become a mandatory part of the contract. It will assist the Department in tracking and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required to report actual payments to DBE and MBE subcontractors through the web -based Equal Opportunity Compliance (EOC) system. All DBE payments must be reported whether or not you initially planned to utilize the company. In order for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any questions, please contact EOOHelp@dot. state. fl. us. Bid OpportunitV List The Federal DBE Program requires States to maintain a database of all firms that are participating or attempting to participate on FDOT- assisted contracts. The list must include all firms that bid on prime contracts or bid or quote subcontracts on FDOT- assisted projects, including both DBE's and non -DBEs. Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3 business days of submission of the bid or proposal for ALL subcontractors or sub - consultants who quoted to you for specific project for this letting. The web address to the Equal Opportunity Compliance system is: htt 1 /www3. dot. state. fl, us/ Eoual0r) r) ortunitvComraliancelAecount .asox/Loain?PeturnUrl =% fEaualODoor tuni Com liance %2f ATTACHMENT A 01770 -Page 72 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER STATE OFF LORII.DADEPART MEN I OF T ANSPORTr=DON 275...0:;0-1 F DBE BID PACKAGE INFORMATION EQUAL °i �' °r _F� 11 CE 1041 f Flagg 2 cf 2 DBE /AA Plans Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT Form 275-030-1113) on file with the FDOT Equal Opportunity Office before execution of a contract. DBE /AA Plans must be received with the contractors bid or received by the Equal Opportunity Office pflor to the award of the contract. Plans are approved by the Equal Opportunity Office in accordance with Ch. 14 -78, Florida Administrative Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a (3) three year period and should be updated at anytime there is a change in the company's DBE Liaison Officer and /or President. Contractors may evidence adoption of the DBE /AA Policy and Plan and/or a change in the designated DBE Liaison officer as follows: Print the first page of the document on company stationery ( "letterhead ") that indicates the company's name, mailing address, phone number, etc. Print the company's name in the " " space; next to "Date" print the month /day /year the policy is being signed; record the signature of the company's Chief Executive Officer, President or Chairperson in the space next to "by" and print the full first and last name and position title of the official signing the policy. Print the DBE Liaison's full name, email address, business mailing address and phone number the bottom of email. E -mail the completed and signed DBE AA Plan to: eeoformsLdot.state.fl.us. The Department will review the policy, update department records and issue a notification of approval or disapproval; a copy of the submitted plan will not be returned to the contractor. ATTACHMENT A 01770 -Page 73 of 92 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375030 -32 CERTIFICATION REGARDING DEBARMENT SUSPENSION PROCUREMENT > > 11/15 INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of ConsultanUContractor' By 1 ON Date; Title:t - Instructions for Certification Instructions for Certification -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 180 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 this transaction originated may pursue available remedies, including suspension and/or debarment. c The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," " suspended," " ineligible," " 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 or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions 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 tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https: /twww.epls.gov /), 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 fortransactions 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 includina suspension and/or debarment ATTACHMENT A 01770 -Page 74 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375 -030 -91 Eligibility Check Prior to Contract Award PROCUREMENT Vendor Eli g Y 10/16 Project Description(s): Financial Project Number(s): In accordance with State law: Section 287.133(2)(b), Florida Statutes, provides that public entities may not contract with firms that have been excluded from participating in the public contracting process. A public entity may not accept any bid, proposal, or reply from, award any contract to, or transact any business in excess of the threshold amount provided in s. 287.017. F.S., for CATEGORY TWO with any person or affiliate on the convicted vendor list for a period of 36 months following the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), F.S. A public entity that was transacting business with a person at the time of the commission of a public entity crime resulting in that person being placed on the convicted vendor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. A contract award (reference 2 CFR 180.220) must not be made to parties listed on the government -wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." Pursuant to 23 CFR 172.7(b)(3), a contracting agency shall verify suspension and debarment actions and eligibility status of consultants and subconsultants prior to entering into an agreement or contract in accordance with 2 CFR part 1200 and 2 CFR part 180, when the identities of such subconsultants are known prior to execution of the subject agreement or contract. The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Convicted Vendor List/ Suspended Vendor List/ Discriminatory Vendor List / Federal Excluded Parties List/ Vendor Complaint Lists are available at the following Department of Management Services site: htt www.drr s.m florida.corn business opera tions state purchasingZvendor information convicted suspended discrirninatory, comp la nts vendor lists I have checked the aforementioned lists to verify that the vendor (and all subs where known) is eligible for contract award /execution: Procurement Office or Contracting Awarding Office: ATTACHMENT A 01770 -Page 75 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 375 -03033 PROCUREMENT 10,01 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL -AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: (1) 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 of 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. (2) 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 of Lobbying Activities ", in accordance with its instructions. (Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) 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 Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. ATTACHMENT A 01770 -Page 76 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375 -030 -34 DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT DENT Is this form applicable to your firm? YES ❑ NO PC If no, then please complete section 4 below for 'Prime" 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a contract a. bid /offer /application a initial filing b grant b initial award b. material change c. cooperative agreement c. post -award For Material Change Only: d loan Year: Quarter: e loan guarantee f loan insurance Date of last report: (mm /dd /yyyy 4 Name and Address of Reporting Entity: 9 Prime ❑ Subawardee 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime: Tter If kax ressional District if known: Con ressional District, if known: 4c 6. Federal Depart ment/Agency: 7. Federal Program Name/Description. CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, MI): 11. Information requested through this form is authorized by title 31 U S.0 section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into This disclosure is required pursuant to 31 U S 1352 � , Signature: Print Name: 4 o vwp This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure Title: Telephone No G Date (mrTVdtllyyyy) Federal Use Only: Authorized for Local Reproduction Standard Form LLL (Rev 7 -97) ATTACHMENT A 01770 -Page 77 of 92 STATE OF FL OR IDA DEPARTMENT OF TRANSPORTATION 575- 060 -13 NON- COLLUSION DECLARATION AND RIGHT OF WAY os7o1 COMPLIANCE WITH 49 CFR § 29 Page 1 of 3 ITEM /SEGMENT NO' F A P. NO.: MANAGING DISTRICT: PARCEL NO, . COUNTY OFD and that I am the person responsible within my firm for the final decision as to the price(s) and amount of this Bid on this State Project. I further declare that 1. The prices(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2, Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to the bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any other firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non - competitive bid or other form of complementary bid, 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project 6 My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this Declaration. 8. As required by Section 337.165, Florida Statutes, the firm has fully informed the Department of Transportation in writing of all convictions of the firm, its affiliates (as defined in Section 337.165(I)(a), Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract or for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees of the firm or affiliates who were convicted of contract crimes while in the employ of another company. ATTACHMENT A 01770 -Page 78 of 92 575- 060-13 RIGHT OF WAY 05/01 Page 2 of 3 9 1 certify that, except as noted below, neither my firm nor any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and /or position involving the administration of Federal funds: (a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 CFR §29.110(a), by any Federal department or agency; (b) has within a three -year period preceding this certification been convicted of or had a civil judgment rendered against him or her for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State or local government transaction or public contract; violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (c) is presently indicted for or otherwise criminally or civilly charged by a Federal, State or local governmental entity with commission of any of the offenses enumerated in paragraph 9(b) of this certification; and (d) has within a three -year period preceding this certification had one or more Federal, State or local government public transactions terminated for cause or default 10. I(We), certify that I(We), shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract by any Federal Agency unless authorized by the Department. Where I am unable to declare or certify as to any of the statements contained in the above stated paragraphs numbered (1) through (10), 1 have provided an explanation in the "Exceptions" portion below or by attached separate sheet. EXCEPTIONS_ (Any exception listed above will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicate to whom it applies, initiating agency and dates of agency action Providing false information may result in criminal prosecution and /or administrative sanctions.) I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR' (Seal) BY: OPDX A 0 WITNESS: NAME AND ITLEPRINTED BY �t WITNESS: SIGNATURE Executed on this day of FAILURE TO FULLY COMPLETE AND EXECUTE THIS DOCUMENT MAYRESULT IN THE BID BEING DECLARED NONRESPONSIVE ATTACHMENT A 01770 -Page 79 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 5T - , -GG }13 REQUIRED CONTRACT PROVISIONS This certification applies to subcontractors, material suppliers, vendors and other lower tier participants. - Appendix B of 49 CFR Part 29 – Appendix B— Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below 2 The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment, 3. 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 when submitted or has become erroneous by reason of changed circumstances 4. The terms "covered transaction," "debarred," " suspended," "ineligible," "lower tier covered transaction," " participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations 5. The prospective lower tier participant agrees by submitting this proposal that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. 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. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals Each participant may, but is not required to, check the Nonprocurement List, 8. 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 a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ATTACHMENT A 01770 -Page 80 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER FHWA -1273 -- Revised May 1, 2012 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 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 on 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. ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. 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 own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. II. 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 ATTACHMENT A 01770 -Page 81 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job 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 contractor's 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, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and /or qualifiable 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. S. 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. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all 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 contractor will 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 carry 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 all 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 and 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 Form FHWA -1391 The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on- the -job training is being required by special provision, the contractor ATTACHMENT A 01770 -Page 82 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with 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 contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less 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 contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 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 employees, 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 extent 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 will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with 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 ATTACHMENT A 01770 -Page 83 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER will 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 orworking 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 (ii) The classification is utilized in the area by the construction industry; and (iii) 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, US, 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 ATTACHMENT A 01770 -Page 84 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 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 Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 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.(1) 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:/ Avww. dol. gov /esa/whd/forms/wh347instr,htm 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 social security 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)(i) 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 on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 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. ATTACHMENT A 01770 -Page 85 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER (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 may be necessary to cause the suspension of any further payment, advance, or guarantee of funds, Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 512. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the 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 on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman 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. ATTACHMENT A 01770 -Page 86 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 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. 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. 5. Compliance 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 FHWA -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 5.12, 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 contractor 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 be 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, 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment 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 than 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 (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer 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. ATTACHMENT A 01770 -Page 87 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 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 -to-day 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 all 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 establish 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 connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor 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 i s 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 Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: ATTACHMENT A 01770 -Page 88 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amendec 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 the 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 louver 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 titled "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 ( httos://www.eDls.aM1D , which is compiled by the General Services Administration. ATTACHMENT A 01770 -Page 89 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER i' Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good 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 (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First 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, orvoluntarily 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 Certification - 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 180 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 this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant;' "person," "principal," and'boluntarily 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 or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions 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 tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https: //www.epls.gov/1 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 ATTACHMENT A 01770 -Page 90 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 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 -- Louver Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from 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. CERTlFICAT10N 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. ATTACHMENT A 01770 -Page 91 of 92 BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS ST. PIER 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. 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. 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 (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which 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 anyjob 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 (1 c) 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. ATTACHMENT A 01770 -Page 92 of 92