Item N5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meetin- Date: February 20, 2013 Division: Count v Administrator
Bulk Item: Yes No — Department: Count v Administrator
Staff Contact /Phone #: Rhonda Haag ,122:44K
AGENDA ITEM WORDING: Approval of a Task Order with AMEC Environmental &
Infrastructure, Inc. under the On Call Professional Engineering Services contract to perform
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batlivinetric surveys and collect and analyze soil samples to help determine the costs of implementing
the canal restoration strategies developed under the county -wide Canal Improvements Management
Master Plan. The project will be funded by funds provided by the Florida Department of
Environmental Protection.
ITEM BACKGROUND: DEP has grant funds available to improve water quality. The Florida Keys
Water Quality Protection Program Canal Subcommittee selected this bathymetric survey project for
funding. The final Master Plan currently under development will develop a comprehensive Keys -wide
priority list of canal restoration projects. This $100,000 of EDEP funds are to perform bathymetric
surveys on 502 Keys Canals and sediment collections on 10 canals. The information Lathered will help
to determine the costs of implementing the canal restoration strategies developed under the Canal
Manaetuent Master Plan, and will aid in obtaining grants from various state and federal sources.
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PREVIOUS RELEVANT BOCC ACTION: On March 21, 2012 the BOCC orranted approval and
authorized execution of Item 6 Grant Agreement from FDEP for a Grant to fund Phase 1. On June 20,
2012, the BOCC approved the grant application submitted to EPA, which requested $100,000 in grant
funds and specified a $10,000 match of in -kind services. On September 19, 2012, the BOCC approved
the revenue -producing grant agreement from EPA that funded Task Order #2 with AMEC. The DEP
revenue -producing grant agreement for these bathymetric surveys is also presented for approval today,
--r lt7 -
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $100,000 INDIRECT COST: BUDGETED: Yes —No-X-
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $100,000 SOURCE OF FUNDS: DEP Grant Agreement S0640
REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year
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APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM# CAQ#
ContractContract with: AMEC (Task Order)
•,
Effective Date: February 20, 2013
Contract• •
This Task Order No. I authorized under DEP Grant S0640, shall authorize AMEC to
•[WiWiI Ms. 03rar-MIT M.M.N.MMAIrs
ManagementI "'alro' aw !=W Wall I
TiSITINII35% la
the Canal ,
Contract Manager:Rhonda H 4482 CAD M.S. ##1
(Name) (Ext.) (Dep mcnt/Stop #)
Total Dollar Value of Contract: $ loo,000 Current Year Portion: $ l()0,0(1
Budgeted? Yes[-] No Account Codes:
Grant: $ $100,000 _
County Match: $ 0
ADDITIONAL COSTS
Estimated Ongoing Casts: Jyr For:
(Not included in dollar value above)
Division Director
Risk Management
O.M.B./Purchasing
County Attorney
Changes Date out
Needed Reviewer
Yes NoE]
YesQ NoEj
Yes NoQ
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=M
t{
Yes[ No m ..
TASK ORDER S0640-1
FOR ON CALL PROFESSIONAL ENGINEERING SERVICES
BETWEEN
MONROE COUNTY
AND
AMEC ENVIRONMENT & INFRASTRUCTURE, INC.
FOR
IN THE MONROE COUNTY CANALS
now ago
I en �Tllj se samp0s will 5e coilectect and will be submitted for physical and chemical characterization
assist in refining the design for removal and disposal of the material from the canal bottoms. The samples
be collected from 10 different canals based upon a preliminary evaluation from the GlSdatabase, aerial pho
review and public communications of the canals where seaweed loading is a serious problem. The samp
locations will be based upon confirmed presence of a significant organic layer in that portion of the canal,
Details of the scope of services are included in Attachment A.
The Consultant shall be paid monthly with the not to exceed fees shown in Attachment A, which shall not
exceed $10b,000, and as follows:
Task 1. 1.- Completion of Bathymetric Survey of 30% of the Canals $25,32462
Task 1.2; Completion of Bathymetric Survey of An Additional 30% of the Canals $25,324.62
Task 1.1 Completion of Bathymetric Survey for Remaining 40% of Canals and Final Reporting $33,766.16
Task 2.0: Sediment Characterization and Reporting $1 5�584.60
Total NTE Fee $100,000,00
Article IX miscellaneous, Paragraph 9.29 Federal Highway Administration Requirements do not apply to this
project.
Date
Title. Si'.
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Attest: Clerk of the Court
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By:
Mayor
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Pr(lject Title: Bathymetric SurveXs and Organics Characterization in the Monroe County Canals
Project Location: 1,lonroe Coun(y
Florida Keys Watershed 1HUC— 03090203.
Project Background:
The vvork to be accomplished tinder this Agreement is one of the high priority projects identified during the
development of the Phase I of the Canal Management Master Plan (CMMP).
Bathymetric surveys will be performed to determine the depths of all of the canals identified in the Geographic
Information System (GIS) database developed by AMEC (formerly MACTEC Engineering and Consulting, Inc.) in
200 1-2003 as part of the Monroe County Residential Canal Inventory and Assessment, to determine the approximate
thickness of unconsolidated material lying in the bottom of the canals and to collect samples of the unconsolidated
materials. The length of the canals identified in the GIS was initially II I miles with an additional six (6) miles
delineated during the recent aerial photo update performed in 2012 (total of 117 miles of canals). The survey will
not include marinas or I" turning basins. The canal depth data in the existing GIS database is based upon tied
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permit information and not actual depth measurements. The depth of the canals and the approximate thickness of
unconsolidated materials in the canals are critical factors in evaluating potential restoration needs and in quantifying
restoration coils.
The purpose of this project is to determine the depth of the canals identified in the GIS database developed by
AMEC (formerly MACTEC Engineering and Consulting, Inc.) in 2001-2003as well as the approximate thickness
and physiochemical composition of the unconsolidated sediments found in the bottom of these canals. This
Information is required in order to accurately determine the costs of implementing the canal restoration strategies
developed during Phase I of the CMMP in DEP Agreement No. S0607. Many of the canals in the Florida Keys
National Marine Sanctuary (FKNIMS) do not meet the State's raininium, water quality criteria and are a potential
source of nutrients and other contaminants to near shore waters designated as Outstanding Florida Waters and
subject to special protection tinder the Florida Statutes. This project is a priority of the FKNMS Water Quality
Protection Program (WQPP) Steering Committee which recently passed a motion to develop a plan to prioritize
canal restoration projects and to identify funding sources for these projects. The tourism economy of the Keys
depends largely on clean water and a healthy environment and this project is fully supported by the N'QPP Steering
Committee and local governments in Monroe County. The successful implementation of this project is also
consistent with the goals of the Florida Keys Reasonable Assurance DOCLonent that was recently adopted by the
Department in order to satisfy the requirements of the Impaired Waters Rule, Chapter 62-303 of the Florida
Administrative Code.
Project Description:
'Task 1: BATHY METRIC SURVEYS OF RFsmvNTlAL CANALS
The (iraince will perform bathyractriC Surveys to determine the average depths of all of the residential canals (total
of9)2 canals) identified in the 2003 and updated in 2012 Monroe County Residential Canal Inventory &
Assessment (refer to Table I for a list of the canals). The surveys will be performed using automated hydrographic
survey equipment consisting of a dual frequency echo sounder used in conjunction with a GPS positioning system to
survey a profile of each canal centerline with bottom surface elevations of the canal, relative to the North American
Vertical Datum of 1988 (NAVD88), determined at approximate 50' intervals and at the end and mouths of the
canals, An elevation will be collected of the natural sea bottom at the canal month, The collected survey data will
be referenced to the North American Datum of 1983 (NAD83) to allow for inclusion into the existing GI . As part
of this effort the Grantee will obtain, through the use of the automated hydrographic survey equipment and
traditional Iarobinb methodologies, sufficient data to provide approximate information regarding unconsolidated
DE P Agreeinent S0640, Attachment A, Page I of 12
material thickness within the canals.
The baffivnietric data collection will be divided into 3 tasks as follows:
Task 1-1: Completion of Bathymetric Survey for 151 of the Canals
Bathvioetric surveys as detailed above will completed for 151 of the 502 canals in the Monroe County Residential
Canal Inventory and Assessment GIS data base (refer to Table 1).
Deliverables: A. CD with a subset of the GIS canal layer and a Googie Earth Pro layer for the 151 canals which
were surveyed with updated attributes of depth and organic thickness, and an excel file of the updated attributes of
depth and organic thickness, All surveying and mapping services associated with this assignment will conform with
the requirements of the Department's Bureau of Survey and Mapping, and applicable sections of Florida
Administrative Rule Chapter 5.1-17, Minimum Technical Standards, pursuant to Chapter 472, Florida Statutes,
Budget: S25.324.62 for subcontractor
Performance Measure: The Department's Grant Manager will review the deliverables and will consult with the
appropriate staff of the Department's Bureau of Survey and Mapping to verify the deliverables conform with the
criteria found in 5,147. F.A,C., pursuant to Chapter 472, F.& ,
Financial Consequences: Failure to rneet the above performance measure will result in denial of the request for
reimbursement,
Completion Date: April 30, 2013
NOTE: Pa-yinem will be upon completion of the task and review and approval of the deliverables.
Task 1.2. Completion of Bathymetric Survey for An Additional 30% of the Canals
Bathymetric surveys as detailed above will completed for an additional 150 canals of the total of 502 canals in the
Mon roe County Residential Canal Inventory and Assessment GIS data base (refer to Table 1),
Deliverables- A CD with a subset of the GIS canal layer and a Googie Earth Pro layer for the additional 301!,o of
canals which were surveyed with updated attributes of depth and organic thickness, and an excel file of the updated
attributes of depth and organic thickness. All surveying and mapping services associated with this assignment will
conform with the requirements of the Department's Bureau of Survey and Mapping, and applicable sections of
Florida Administrative Rule Chapter 5J- 17, Minimum Technical Standards, pursuant to Chapter 472, Florida
Statutes.
Budget: S25,324.62 for subcontractor
Performance Measure- The Department's Grant Manager will review the deliverables and will consult with the
appropriate staff of the Department's Bureau of Survey and Mapping to verify the deliverables conform with the
criteria found in 5J- 17. F.A.C., pursuant to Chapter 472, F.S. .
Financial Consequences: Failure to nice( the above performance measure will result in rejection of the request for
reiniburseluent,
Completion Date: May 31, 2013
NOTE: Payment will be upon completion of the task and review and approval of the deliverables.
Task 1 .3: Completion of Bathymetric Survey for Remaining 201 of the Canals and Final Report
flathvi-netric surveys as detailed above will completed for the remaining 201 canals of the total of 501 canals in the
Nionroe County Residential Canal Inventory and Assessment GIS data base (refer to Table 1),
I)E P Ngreen mit S0640- Attachment A. Page 2 of 12
Deliverables: The final deliverable products will include a technical memorandum which summarizes the work
completed under Task 1. The technical memorandum will include the following attachments: a certified Surveyor's
Report, of the survey operation and results, a CD with a complete GIS canal layer and a Google Earth Pro laver for
till the 02 surveyed canals with updated attributes of depth and organic thickness, an excel file of the updated
attributes of depth and or-anic thickness, and canal profiles in digital format. All surveying and mapping services
associated with this assignment will conform with the requirements of the Department's Bureau of Survey and
N-larimug, and applicable sections of Florida Administrative Rule Chapter 5J-17, Minimum Technical Standards,,
pursuant to Chapter 472, Florida Statutes,
But441ct: $33,766.16 for subcontractor
Performance Measure: The Department's Grant Manager will review the deliverables and will consult with the,
appropriate staff of the Department's Bureau of Survey and Mapping to verify the deliverables conform with the
criteria found in 51-17, F,A.C., pursuant to Chapter 472, F.S.
Financial Consequences: Failure to meet the above performance measure will result in rejection of the request for
rei 111hurseille fit.
Completion Date: June 7, 2013
NOTE: Payment will be upon completion of the task and review and approval of the deliverables.
`rask 2: SEDIAJFNT CUARACTF RIZATION AND REPOPTING
Ten il 10) sediment Samples will be collected and will be submitted for physical and chemical characterization to
as, , sist in refining the design for removal and disposal of the material front the canal bottoms. 'The samples will be
collected ftom 10 different canals based upon a prelit-rimary evaluation from the GIS database, aerial photo review
and public communications of the canals where seaweed loading is a serious problem. The sample locations will be
based upon confirmed -presence of a significant organic layer in that portion of the canal.
The physical testing will be performed by an AMEC Geotechnical Lab and will consist of the following:
- Moistm -eiSolids Content by ASTM D-2216
- 200 Mesh Sieve Distribution by ASTM D- 1140
- Organic Content by ASTM D-2974
- Specific Gravity by ASTM D-2974
- Grain size distribution by ASTM D-4212 (4 samples only)
- Settling rate (2 samples only)
The w:heaiical characterization to determine disposal options will be performed by Test America Analytical
Laboratories, a State National Environmental Laboratory Accreditation Conference (NELACI certified laboratory.
'Elie proposed test methods include:
- Organochlorine Pesticides and PCBs by 8081/8082
- Chlorinated Herbicides by 8151
- 8 RCRA Metals by 6010/7471
Copper by 60 10
Polynticlear Aromatic Hydrocarbons (PAHs) by 8170 low level
Total Recoverable Petroleum Hydrocarbons (TRPH) by FL -PRO
TCLP metals (2 tests only based upon total metal's concentrations)
Deliverable: A technical memorandum containing the above referenced test results and summary of sediment
disposal options that wilt meet all applicable Department regulations, including the requirements of Chapter 62-160
of the Florida Administrative Code.
Budget: S 15.-584.60 for subcontractor
D[YAgreement S0640. Attachment A. pace 3 of 12
Performance Measure: The Department's Grant Manager will review the deliverables and will consult with the
Department's Standards and Assessment Section anti the Division of Waste Management staff to determine if they
are acceptable using the following criteria:
I . The sampling and test procedures must be conducted in accordance with the requirements of Chapter 62-
160 of the Florida Administrative Code.
The sediment disposal options provided in the technical memorandum must be consistent with all
applicable Departments' regulations.
Financial Consequences: Failure to meet the above performance measure will result in rejection of the request for
reimbursement,
NOTE: Payment will be upon completion of the task and review and approval of the deliverables.
Completion Date: May 31, 2013
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DET Ngreeinent S0640. Attachment A, Page 4 of 12
DEP Agreement No. 30640, Attachment A, Page 5 of 12
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DEP Agreement Not S0640, Attachment A, P890 6 of 12
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�Flillilllli 2:!Mij:jijj!;;
RUERENCE: Ths InVOMtOryls a gstlrV Of thO rmideralal Cartals ind4entified in the, 2003 GIs Datmaoo
prepared by AMEC Environment Infrastructur% Im. as ammanded in 2012,
REFERENCE The inventory.is a listing of the residential cariala Indantifled in the 2003 GIS Data
PreP$r9d bYAMEC ErWIN)"ment Itftstructore, lam, as amoonded In 2012.
TABLE 1: RESIDENTIAL CANAL INVENToRy
REFIVRENCE. The lAventory is a JiWng-ofts re$IdOrftl canals indaWad tn lho 2W3 018 Ostat�aj*
PreParad 4Y AMBC WMnMAnt Infrasncluro, IM, as ammeaded tn 2011
TABLE 1* RESIDENTIAL CANAL 1NVENT04Y
Prewed-by-AMEC
OEP Agreement No. S0640, Attachment A, Page 11 of 12
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ATITST-1 DANNY L. KOLI fAG I Cl . E PK
INmuly Clerk
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BOARD OF COUNTYCOMMISSK.)NERS
OF %!()N'ltoF COUNI-Y, FLORIDA
Mayo in n Inirn
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MAC TEC F'NGINEFFIN6 and ('(,)NSUL.'I'IN(,;, ?Lip.
Bv:
Date:
ANIEC E&J, lnctASSIGNOR)
Ined N all) e
X.MEC 'Frivironiticnit &_ Inc, ("'ISSIGNI-11)
";"nature
mrned Name
Contract for On Call Professional Engineering Services
rills Contract (The AGREEMENT) made and entered into this 17 (lay of February
20 10by and between Monroe County, a political subdivision of the State of Florida,
whose address is I 100 Simonton Street, Key West Florida. 33040, its successors and
assians hereinafter referred to as the "COUNTY," through the Monroe County Board of
County Commissioners (BOCC), the Owner
And
-5%-lACTEC Engineering Consulting, Inc., a Corporation of the State of Florida, whose
address is 3100 Overseas Highway Marathon, Florida 33050, its successors and assigns,
hereinafter referred to as -CONSULTANT",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional engineering services of
CONSULTAN'Tfor various County Projects located in Monroe County, Florida and
WHEREAS, CONSULTANT has agreed to provide professional services for
miscellaneous projects in which construction costs do not exceed $2,000,000.00
The professional services required by this Contract will be for services in the form of a
continuing contract, commencing the effective date of this agreement and ending four
years thereafter, with options for the County to renew on an annual basis two consecutive
tulles.
Specific services will lie performed pursuant to individual task orders issued by the
COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope
4-1
of work, time schedule, charges and payment conditions, and additional terms and
conditions that are applicable to such Task Orders.
Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the
COUNTY's written authorization to CONSULTANT to proceed with the services
described in the Task Order.
The terms and conditions of this Agreement shall apply to each Task Order, except to the
extent expressly modified. When a Task Order is to modify a provision of this
Agreement, the Article of this Agreement to be modified will be specifically referenced
in the. 'rask Order and the modification shall be precisely described,
NOW. THEREFORE, in consideration Of Mutual promises, covenants and agreements
�tatcd herein, and for other good and valuable consideration, the sufficiency of` which is
hereby acknowledged. COUNTY and CONSULTANT agree as follows:
FORM OF AGREEMENT
1.1 REPRESENTATIONS AND WARRANTIES
By CXeCLItillg this Agreement, the CONSULTANT makes the following express
representations and warranties to the COUNTY:
LIA The CONSULTANT shall maintain all necessary licenses, permits or other
authorizations necessary to act as CONSULTANT for the Project until the
CONSULTANT'S duties hereunder have been satisfied;
1. 1.2 The CONSULTANT has become farnifiar with the ProJect site and the local
conditions under which the Project is to be designed, constructed, and operated,
1.1.3 The CONSULTANT shall prepare all documents require(] by this Agreement
including, but not limited to, all contract plans and specifications-, in such a
manner that they shall be in conformity and comply with all applicable law, codes
and regulations. The CONSULTANT warrants that the documents prepared as a
part of this Contract will be adequate and Sufficient to accomplish the purposes of
the Project, therefore, eliminating any additional construction cost due to missing
or incorrect design elements in the contract documents;
IJA The CONSULTANT assumes full responsibility to the extent allowed by law with
regards to his performance and those directly tinder his employ.
1.1.5 The CONSULTANT'S services shall be perfornied as expeditiously as, is
consistent with professional skill and care and the orderly progress of the Project.
In providing all services pursuant to this agreement, the CONSULTANT shall
abide by all statutes, ordinances, rules and regulations pertaining to, or regulating
Such services, including those now in effect and hereinafter adopted. Any
violation of said statutes, ordinances, rules and regulations shall constitute a
material breach of this agreement and shall entitle the COUNTY to terminate this
agreement immediately upon delivery of written notice of termination to the
CONSULTANT.
LI.6 At all times, and for purposes tinder this agreement the CONSULTANT is an
independent contractor and not an employee of the Board of County
Commissioners for Monroe County. No statement contained in this agreement
shall be construed so as to find the CONSULTANT or any other of his/her
employees, contractors, servants, or agents to be employees of the Board of
County Commissioners for Monroe County.
1.1.7 The CONSULTANT shall not discriminate against any person based on race,
creed, color, national origin, sex, age or any other characteristic car aspect which is
not related, in its recruiting, hiring, promoting, terminating, or other area affecting
employment under this agreement or with the provision of services or goods
tinder this agreement.
ARTICLE 11
SCOPE OF BASIC SERVICES
2.1.1 The CONSULTANT will perform for the COUNTY services as described in
individual Task Orders in accordance with the requirements outlined in the
Agreement and the specific Task Order. These services will include, but not be
limited to:
A. Provide comprehensive transportation engineering design services for
road and bridge construction and rehabilitation projects, including
design, surveying, drafting, preparing specifications and contract
documents, traffic studies, lighting and signalization, geotechnical
investigations, permitting, assisting with review of contractor bids,
comprehensive project management services, and construction
engineering and inspection services.
B. Provide comprehensive stormwater and drainage engineering services
including design, surveying, feasibility studies, geotechnical
investigations, permit preparation, preparing construction plans,
specifications and contract documents, assisting with review of
contractor bids, comprehensive project management services and
construction engineering and inspection services.
C. Provide comprehensive environmental engineering services including
design, surveying, geotechnical investigations, environmental
assessments, water quality studies, sampling analysis arid monitoring,
permit preparation, preparing construction plans, specifications and
contract documents, assisting with review of contractor bids,
comprehensive project management services and construction
engineering and inspection services.
D. Provide comprehensive structural engineering services including
design, surveying, facility inspections and assessments, preparing
construction plans, specifications and contract documents, permitting,
construction administration related to new construction, construction
improvements, rehabilitation anchor retrofit of County facilities and
buildings.
E. Provide general engineering services including but not limited to
Z117
surveying, drafting, studies and assessments, engineering design,
preparation of bid and proposal documents, permitting, assistance with
technical review of contractor d0CLVuCutS, construction en; in
and inspection services for miscellaneous County projects.
2. L2 The CONSULTANT shall be responsible for performing in accordance with all
applicable Florida Department of Transportation (FDOT.) manuals, procedures,
specifications and guidance for all Local Agency Program (LAP) projects. When
a Project is funded through the America Recovery and Reinvestment Act of 2009
(ARRA) and will be administered under the Florida Department of
Transportations' Local Agency Program (LAP), the CONSULTANT must be
familiar with and must comply with all applicable federal, state and local
requirements of these programs. The CONSULTANT shall exercise their
independent professional judgment in performing their obligations and
responsibilities under this Agreement. Pursuant to Section 4.1.4 of the Florida
Department of Transportation's, Construction Project Administration Manual
(CPAM), the authority of the Consultant's lead person, such as the Senior Project
Ftigineer, and the Consultant's Project Administrator shall be identical to the
Department's Resident Engineer and Project Administrator respectively and shalt
be Interpreted as such.
2.2 CORRECTIONS OF ERRORS, ONEWSSIONS, DEFICIENCIES
The CONS UUl'ANT shall, without additional compensation, promptly correct
errors, omissions, deficiencies, or conflicts in the work product of the
CONSULTANT or its subconsultants, or both.
2.3 NOTICE REQUIRENMENTS
2.3.1 All written Correspondence to the COUNTY shall be dated and signed by an
authorized representative of the CONSULTANT. Any notice required or
permitted under this agreement shall be in writing and hand delivered or mailed,
I
postage prepaid, to the COUNTY by certified mail, return receipt requested, to
the following:
Ms. Judith Clarke, P.E.
Monroe County Engineering Services
1100 Simonton St. Rut 2-216
Key West, FL 33040
And:Mr. Roman Gastesi, Jr,
County Administrator
1100 Simonton Street
Key West. FL 33040
For the Consultant:
Dana Pollitt
MACTEC Engineering Consulting, Inc,
3 100 Overseas Highway
Marathon, Florida.' ) 3050
ILI a
1.4 It [IN 0 on
ADDITIONAL SERVICES
3.1 -rhe services described in this Article III are not included in Basic Services. They
shall be paid for by the COUNTY as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the COUNTY before
commencement, and as follows:
A. Providing services of CONSULTANT for other than the previously listed
consulting scope of Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted consulting
practice.
C. Providing representation before public bodies in connection with the Project,
upon approval by the COUNTY,
3.2 If Additional Services are required, such as those listed above, the COUNTY shall
issue a letter requesting and describing the requested services to the CONSULTANT.
The CONSULTANT shall respond with fee proposal to perform the requested services.
Only after receiving an amendment to the Agreement and anotice to proceed from the
COUNTY, shall the CONSULTANT proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the project
including physical location of work, county maintained roads and maps.
4.2 The COUNTY shall designate Monroe County Engineering Services Department
to act on the COUNTYS behalf with respects to the Project. The COUNTY or Monroe
County Engineering Services Department shall render decisions in a timely ritanner
pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULTANTS services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or
nonconformance with the Agreement Documents. Written notice shall be deemed to have
been duty served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information andservicesand shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Consultants services and work of the contractors.
4.5 The COUNTY'S review of any documents prepared by the CONSULTANT or its
sabconsultants shall be solely for the purpose of determining whether such documents are
generally consistent with the COUNTYS criteria, as, and if, modified. No review of such
documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete
the work.
4.7 Anv information that may be of assistance to the CONSULTANT that the
COUNTY has immediate access to will be provided as requested,
INDEMNIFICATION RIND HOLD HARMLESS
-5.1.1 The CONSULTANT covenants and agrees to indemnify and hold harniless
COUNTY/Monroe County and Monroe County Board of County Commissioners
trorn any and all claims for bodily injury, including death, personal injury, and
property damage, including property owned by Monroe County. and any other
losses, damages, and expenses, including attorney's fees, court costs and
expenses, which arise out of, in connection with, or by reason of services
provided by the CONSULTANT or SLIbcontractor(s) in any tier, occasioned by
the negligence, errors, or other wrongful act or omission of the CONSULTANT
in any tier, their employees. or agents,
5. 1.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is, for
the indemnification provided for above. The extent of liability is in no way
limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this agreement. Should any claims be asserted against the
COUNTY by virtue of any deficiency or ambiguity in the plans and specifications
provided by the CONSULTANT. the CONSULTANT agrees and warrants that lie
shall hold the COUNTY harmless and shall indemnify him frorn all losses
occurring thereby and shall further defend any claim or action on the COUNTY'S
behalf.
5.1.3 In the event the completion of the project (to include the work of others.) is
delayed or Suspended as a result of the CONSULTANT'S failure to purchase or
maintain the required insurance, the CONSULTANT shall indemnify COUNTY
M
front any and all increased expenses resulting from such delays. Should any
clairns he asserted against COUNTY by virtue of any deficiencies or ambiguity in
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the plans and specifications provide by the CONSULTANT the CONSULTANT
agrees and warrants that CONSULTANT hold the COUNTY harmless and shall
indemnify it froth all losses occurring thereby and shall further defend any claims
or action on the COUNTY'S behalf.
5.1.4 The extent of liability is in no way limited to, reduced or lessened by the
insurance requirements contained elsewhere within the Agreement.
5.1.5 This indemnification shall survive the expiration or early termination of the
Agreement.
ARTICLE VI
PERSONNEL
6. It PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service
47�
concerning the project. At the time of execution of this Agreement, the parties anticipate
that the following named individuals will perform those functions as indicated:
NAME
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their iiarnes. If they
are replaced the CONSULTANT shall notify the COUNTY of the change immediately,
I S211
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7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the
CONSULTANT'S performance of this Agreement based on rates, negotiated and
agreed upon and shown in Exhibit B.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities
,set forth herein, the CONSULTANT shall be paid rnonthly.
(A) If the CONSULTANT'S duties, obligations and responsibilities are
materially changed by amendment to this agreement after execution of this
Agreement, compensation due to the CONSULTANT shall be equitably
adjusted, either upward or downward-,
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing
by the COUNTY, an invoice to the COUNTY requesting payment for
services properly rendered and reimbursable expenses due hereunder. The
CONSULTANT'S invoice shall describe with reasonable particularity the
service rendered. The CONSULTANT'S invoice shall be accompanied by
such documentation or data in support of expenses for which payment is
S01-1-ht that the COUNTY may require.
(C) For the performance of the optional additional services and contingent
additional services described in Article III of this contract, provided same
are first authorized in writing by the COUNTY, the CONSULTANT shall
be paid hourly at the rates identified in Exhibit B, or as negotiated,
7.31 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the
interest of the Project:
a. Expenses of transportation submitted by CONSULTANT. in writing, and
living expenses in connection with travel authorized by the COUNTY, in
writing, but only to the extent and in the amounts authorized by Section
112.061, Florida Statutes,
b. Cost of reproducing maps or drawings or other materials used in performing
the scope of services-,
c. Postage and handling of reports;
7.4 BUD(')'VET
7.4.1 The CONSULANT may not be entitled to receive, and the COUNTY is not
obligated to pay, any fees or expenses in excess of the amount budgeted for this
Agreement in each fiscal year (October I- September 30) by COUNTY'S Board
of County Commissioners. The budgeted amount may only be modified by an
affirmative act of the COUNTY'S Board of County Commissioners,
7.4.2 AVAILABILITY OF FUNDS. If funding cannot be obtained or cannot be
continued at a level sufficient to allow for continued reirribursenient of
expenditures for services specified in the Task Order, the agreement may be
terminated immediately at the option of the COUNTY by written notice of
termination delivered to the CONSULTANT. The COUNTY shall not be
obligated to pay for any services provided by the CONSULTANT after the
CONSULTANT has received written notice of termination, unless otherwise
required by law,
7.4.3 The COUNTY does not guarantee CONSULTANT any specific amount of work
or task orders under this agreement,
ARTICLE VIII
8.1 INSURANCE
8.1.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion
of the project (to include the work of others) is delayed Or Suspended as a result of
the CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased
expenses resulting from such delay,
8.1.2 The coverage provided herein -,hall be provided by an insurer with an A.M. Best
Rating of VI or better, that is licensed to do business in the State of Florida and
that has an agent for service of process within the State of Florida, The insurance
certificate shall contain <in endorsement providing sixty (60) days notice to the
COUNTY prior to any cancellation of said coverage. Said coverage shall he
written by an insurer acceptable to the COUNTY and shall be in a form
acceptable to the COUNTY.
S.I.3 CONSULTANT shall obtain and maintain the following policies:
A, Workers' Compensation insurance as required by the State of Florida,
sufficient to respond to Chapter 440, Florida Statutes.
B. Employers Liability Insurance with limits of $1,000,000 per Accident,
$ 1,000.000 Disease, policy limits, S 1,000,000 Disease each employee.
CComprehensive business automobile and vehicle tiability insurance coverin
claims for injuries to members of the public and/or damages to property of
others arising from use of motor vehicles, including onsite and offsite
operations, and owned, hired or non -owned vehicles. with One Million
Dollars ($1.000,000.00) combined single limit and One Million Dollars
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($ 1.000.000.00) annual aggregate.
or
D. Commercial general liability, including Personal Injury Liability insurance
covering clairns for injuries to members of the public or damage to property of
others arising out of any covered act or omission of the CONSULTANT or
any of its employees, agents or subcontractors or subconsultants, including
Premises andJor Operations, Products and Completed Operations, Independent
Contractors; Broad Form Property Damage and a Contractual Liability
Endorsement with One Million Dollars ($1,000,000) per occurrence and
annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or
provided on a Claims Made policy, its provisions should include coverage for
claims filed on or after the effective date of this Agreement. In addition, the
period for which they may be reported must extend for a minimum of 48
months following the termination or expiration of this Agreement.
E. Professional liability insurance of One Million Dollars (SI,000,000.00) per
claim and Two Million Dollars ($2,000,000.00) annual aggregate. If the
policy is a "claims made" policy, CONSULTANT shall maintain coverage or
purchase a "tail" to cover claims made after completion of the project to cover
the statutory time limits in Chapter 95 of the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to
CONSULTANTS liabilities hereunder in insurance coverage identified in
Paragraphs C and D.
G. CONSULTANT shall require its subconsultants to be adequately insured at
least to the linrits, prescribed above, and to any increased lit -nits of
CONSULTANT if so required by COUNTY during the term of this
Agreement. COUNTY will not pay for increased limits of insurance for
subconsultants.
1-1. CONSULTANT shall provide to the COUNTY certificates of insurance or a
copy of all insurance policies including those naming the COUNTY as an
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additional insured by including any subsection hereunder. The COUNTY
reserves the right to require a certified copy of such policies upon request.
If the CONSULTANT participates in a self-insurance fund, a Certificate of
Insurance will be required. In addition, the CONSULTANT may be required
to Submit updated financial statements from the fund upon request from the
COUNTY.
S. APPLICABLE LAW
This contract is governed by the laws of the State of Florida. Venue for any litit-,ation
arising under this contract must be in Monroe County, Florida.
ARTICLE IX
N-IISCELLzA,NE0US
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and that it is agreed that Such section headings are not a part of tills
I-
A,,reernent and will not be use in the interpretation of any provisions of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUNIENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY
and may he reproduced and copied without acknowledgement or permission of the
CONSULTANT.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this Agreement
except in writing and with the prior written approval of the Board of County
Corm-niss ioners for Monroe County and the CONSULTANT, which approval ,;hall be
Subject to such conditions and provisions as the Board may deem necessary. This,
paragraph shall be incorporated by reference into any assignment or subcontract and any
assionee or subcontractor shall comply with all of the provisions of this Agreement.
StibJect to the provisions of the immediately proceeding sentence, each party hereto binds
itself, its successors, assignees and legal representatives to the other and to the
successors, assigns and legal representatives of such other party. The CONSULTANT
,,hall not assign its right hereunder, excepting its right to payment, nor shall it delegate
any` of its duties hereunder without the written consent of the COUNTY.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any ricz1:7hts in favor of. any third party.
9.5 TERNHNATION
A. In the event the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this Agreement after five days
written notification to the CONSULTANT.
B. fhe County may terminate this Agreement without cause by giving the other party
sixty (60) days written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS
'file contract documents consist of the Request for Qualifications (RFQ), any addenda,
the Form of Agreement (Articles I-XV), the CONSULTANTS response to the RFQ, the
documents referred to in the Form of Agreement as a part of this Agreement, and the
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attachments A and Exhibit B and modifications made after execution by written
amendment. In the event ativ conflict between any of those Agreement documents, the
one imposing the greater burden on the CONSULTANT will control,
9.7 PUBLIC ENTITIES CRITNIES
.A person or affiliate who has been place on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contracts to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on
leases of real property to public entity, may not be awarded or perform work as a
contractor, Supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 87.017 of the Florida Statutes, for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this
Agreement will riot violate the Public Entity Crimes Act (Section 28T 133, Florida
zll;�
Statutes), Violation of this section shall result in termination of this Agreement and
recovery of all moneys paid hereto, and may result in debarment from COUNTY'S
competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit that it or any subconsultant has committed an act
defined by Section 1287. 133, as "public entity crime", and that it has not been formally
char-
ed with committing an act defined as it -public entity crime" regardless of the
amount of money involved or whether CONSULTANT has been placed on the convicted
Vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance tinder (]its Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five years from
the termination of this Agreement. Each party to this Agreement or 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 four years following the termination of this Agreement. If an auditor employed by the
("ounty or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were 'spent for Purposes not authorized by this Agreement, the
1, -
IN
CONSULTANT shall repay the monies together with interest calculated pursuant to Sec.
S5,03� FS, running from the date the monies were paid to County.
9.9 GOVERNING LAW, VENUE, INTERPERTATION, COST AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement. COUNTY and CONSULTANT agree
that venue will lie in tile 16 TH Judicial Circuit, Monroe County, Florida, in the
appropriate court or before the appropriate administrative body in Monroe County,
Florida, This Agreement shall not be subject to arbitration. The County and
CONSULTANT agree that, in the event of conflicting interpretations of the terms or a
term of this Agreement by or between any of theta the issue shall he submitted to
mediation prior to the 'institution of any other administrative or legal proceeding.
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any 617CLUTIStance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby-, and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement, The County and
CONSULTANT agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of tile stricken provision.
9.11 ATTOWNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable artornev's fees and court costs expenses, as all award against the nort-
prevailing party, and shall include attorney's fees and Courts costs expenses in appellate
proceedings, as an award against the non -prevailing party. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County,
9_12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and mure
to the. benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns,
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9.11 Au'THORITY
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,
0.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for,
,seek. and obtain federal and state funds to further the purpose of this Agreement,
provided that all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to Submission,
9.15 ADJUDICATION OF DISPUTES OR DISAGREENMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties, If no resolution can be agreed upon within 30 days after the first meet and
Confer session, the issue or issues shall be discussed at a public meeting of the Board of
County Commissioners, If the issue or issues are still not resolved to the satisfaction of
the parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law. This provision does not negate or waive
the provisions of paragraph 9.5 concerning termination or cancellation,
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9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relatimg to the formation, execution, performance, or breach of this Agreement,
COUNTY and CONSULTANT agree to participate, to the extent required by the other
party, in all proceedings, hearings, processes, meetings.. and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
COUNTY and CONSULTANT specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
CONSULTANT and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a Court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
CONSULTANT and COUNTY agree to comply with all Federal and Florida statutes.
and all local ordinances, as applicable, relating to nondiscrimination. These include but
are not limited to: I) Title VI of the Civil Rights Act of 196-4 WL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),
E
which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
.-k � ct of 1973, as amended (20 USC s. 794), which prohibits discrimination ori the basis of
handicaps; 4) The Age mination Act of 1975, as amended (42 USC ss. 6101-6107)
Ile DiscriI
�-vhicli prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
'Treatment Act of 1972 t ' PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse, 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention.
freatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
11011discrintination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912. ss. 523 and 527 (42 USC ss, 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records-, 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination
in the sale, rental or financing of housing; 9 The Americans with Disabilities Act of
1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions
in any Federal or state statutes which may apply to the parties to, or the subject matter of,
this Agreement.
9.18 COVEN ANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and -shall
not acquire any interest, which would conflict in any manner or degree with its
performance tinder this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation,
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
9.20 NO SOLICITATION/PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay
any person, company. corporation, individual, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration
coraineent upon or resulting from the award or making of this Agreement. For the breach
or violation of the provision, the CONSMANT agrees that the COUNTY shall have
U19
the riolit to terminate this Agreement without liability and, at its discretion, to offset from
111011tes owed, or otherwise recover, the full amount of such fee, commission, percentage,
i,fift- or consideration.
The CONSULTANT and COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the CONSULTANT and COUNTY in conjunction with this Agreement; and
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONSULTANT.
9.22 NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of See. 768.218, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any
commercial liability insurance coveragZPe, 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.
UPMVX14LI
All of the privileges and immunities from liability, exemptions from laws, ordinances,
and rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Novi -Delegation of Constitutional or Statutory Duties, This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility, Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
9.25 NON -RELIANCE BY NON-PARTIES
H
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Aurcerrient to enforce or attempt to enforce any third -party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the CONSULTANT and
tlie COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or Superior
to (fie community in general or for the purposes contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTATION
CONSULTANT agrees to execute such documents as the COUNTY may reasonably
require including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the
eXeCLItion of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions thereto
shall be adjusted to exclude significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All Such adjustments must be made within one year following the end
of the Agreement.
I
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deetned to be a covenant or
C,
agreement of any member, officer, agent or employee of Monroe County in his or her
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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,
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 singing any such
counterpart.
9.29 FEDERAL HIGHWAY ADIVIINISTRATION REQUIRENIENTS
Following forms and provisions are incorporated in and made part of this Agreement.
r
9.29.1 Davis -Bacon Act - In accordance with the Davis -Bacon Act the Consultant or
their subcontractors shall pay workers employed directly upon the site of the work
no less than the locally prevailing wages and fringe benefits paid on projects of a
similar character. The current wage rates can be found at;
WWW,acvess,,,I)o,(yov/d�tvisI)acori/fl.litiiiI under Nlonroe County,
g - —
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9.29.2 Americans with Disabilities Act of 1990 (ADA) The CONSULTANT will
comply with all the requirements as imposed by the ADA, the regulations of the
Federal government issued thereunder, and the assurance by the CONSULTANT
pursuant thereto.
9.29.3 DISADVANTAGED BUSINESS ENTERPRISE (DBE)POLICY AND
OBLIGATION
It is the policy of the COUNTY that DBE's, as defined in, C,F,R. Part 26, as
amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with COUNTY funds under this Agreement, The
DBE requirements of applicable federal and state laws and regulations apply to
this Agreement. The COUNTY and its CONSULTANT agree to ensure that
DBE's have the opportunity to participate in the performance of 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 the CONSULTANT and subcontractors shall not
discriminate on the basis of race, color, national origin or sex in the award and
performance of contracts, entered pursuant to this Agreement.
9.29.4 CONVICT LABOR
The convict labor prohibition in 213 U.S.C. 114 applies to Federal Aid
construction projects. Convict labor cannot be used for Federal Aid construction
projects.
9.20.5 FHWA Form 1-173 is attached hereto as Attachment A and made a part of this
Agreement.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized r0presentative on the day and year first above written.
INTY COMMISSIONERS
BOARDOFCOL
'TY,
7x KOLHAGE, Clerk OF MONROE COON FLORIDA
1, Al
By'By:
Deputy Clerk tkvlayo Chai �an
Date: FEB 1 7 Z010
CHRiSTI,N;E NJ, ARR(-
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�:y
(Seal)CONSULTANT
Attest:
By Ricardo Fraxedas PE
Title: Chief Engineer
By: Vvu j C, , L.
JITNESS
By:
WITNESS
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REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
Page
L
General ....
I
it
Nondiscrimination
1
Ill
Nonsegregated Facilities
3
v.
P"Iyulern of Predetermined Minimum Wage ....
3
Slareinents, and Payrolls . . . , . .... . .........
5
Vf.
Record of Materials, Supplies, and Labor
5
VR
Subletting or Assigning the Contract
5
VIrL
Safety Accident Prevention
iX
;:,rise Statements Concerning Highway Projects
6
X.
Implementation of Clean Air Act and Federal
vVater Pollution Control Act
XL
Cerefication Regarding Debarment, Suspension,
ineligibility, and Voluntary Exclusion ..... __
6
XII,
Cedification Regarding Use of Contract Funds for
Lobbying , ., , _ ... _ ......
a
ATTACHMENTS
A.
Employment Preference for Appalachian Contracts
linc'uded in Appalachian contracts only)
1. GENERAL
1, Thess, contract piavjs4cas shall apply to all work performed on
the contract by the contractors own organization and with the
assistance of workers Linder the contractors immediate superinten-
dence and to all work perfarmed on the contract by piecework, station
work, or by s:tboorrftact.
2 Except as otherwise provided for in each section, the contractor
shall insert in each subcontract all of the stipulations contained in
these Required Contract Provisions, and further require their
inclusion in any tower tier subcontract or purchase order that may in
turn be made, The Required Contract Provisions shall not be
incorWated by reference in any case. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier
subcontractor with these Required Contract Provisions.
3 A breach at any of the stipulations contained in these Required
Contract Provisions shall be sufficient grounds for termination of the
comfort
4, A breach of the following clauses of the Required Contract
Provisions may also be grounds for debarment as provided in 29
CFR 5,12-
Section 1, paragraph 2:
Section IV, paragraphs I , 2, 3, 4, and 7;
Section V, paragraphs I and 2a through 29.
5 Disputes arising out of the labor standards provisions of Section
IV (except paragraph 5) and Section V of these Required Contract
Provisions shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the
procedures of the U.S. Department of Labor (DOL) as set forthin29
CFR 5 6, and 7 Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and the
contracting agency, the DOL, or the contractor's employees or their
representatives.
6 Selection of Labor: During the performance of this contract,
the contractor shall not,
a, discriminate against labor from any other 8tate, possession,
or territory of the United States (except for employment preference for
Appalachian contracts, when applicable. as specified in Attachment
A), or
b, employ convict labor for any purpose within the limits of the
project unless if is labor performed by convicts who are on parole.
supervised release, of probation,
It, NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
1. Eoual Employment Opportunity: Equal employrrentopportu-
filly (E 0) requirements not to discriminate and to take affirmative
action to assure equal opportunity as set forth under laws, executive
orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60)
and orders of the Secretary of Labor as modified by the provisions
prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall
constitute the EEO and specific affirmative action standards for the
contractor's project activities under this contract, The Equal Opporlp-
mly Construction Contract Specifications set forth under 41 CFR 60-
43 and the provisions of the American Disabilities Act of 1990 (42
U.S.C. 12101 at Me,) set forth under 28 CFR 35 and 29 CFR 1630
arernoorporafeZ y reference in this contract. In the execution of this
contract, the contractor agrees to comply with the following Minimum
specific requirement activities of EEO:
a. The contractor will work with the State highway agency
(SHA) and the Federal Government in carrying out EEO obligations
and in their review of his/her activities under the contract,
b. The contractor will accept as his operating policy the
following statement:
'it is the policy of this Company to assure that applicants are
employed, and that employees are treated during employment,
without regard to their race, religion, sex, color, national origin,
age of 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 apprentice-
ship, preapprenticeship, and/of, on-the-job training.'
2, EEO Officer. The contractor will designate and make known
to the SHA contracting officers an EEO Officer who wilt have the
responsibility for and must be capable of effectively administering and
promoting an active contractor program of EEO and who must be
assigned adequate authority and responsibility to do so.
3, Dissemination of Policy: Ali 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 wilt
implement, the contractor's EEO policy and contractual responsibili-
ties to provide EEO in each grade and classification of employment.
To ensure that the above agreement will be met, the following actions
will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then not
less often than once every six months, at which time the contractor's
EEO policy and its implementation will be reviewed and explained.
The meetings will be conducted by the EEO Officer,
b, All raw supervisory or Personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering all major
aspects at the contractor's EEO obligations within thirty days
following their reporting for duty with the contractor.
c, All personnel who are engaged indirect recruitment for the
project will be instructed by the EEO Officer in the contractor's
Procedures for locating and hiring minority group employees,
d. Notices and posters setting forth the contractor's EEO policy
will be placed in areas readily accessible to employees, applicants for
employment and potential employees,
e, The contractor's EEO policy and the procedures to imple-
ment such policy will be brought to the attention of employees by
means of meetings, employee handbooks, or other appropriate
means.
4 Recruitment: When advertising for employees, the contractor
will include in all advertisements for employees the notation: 'An
Equal Opportunity Employer' All such advertisements will be placed
Fonts FHWA-1273 (Rev. 3-94) RQe I
in publications having a large circulation among minority groups in the
area front which the project work force would normally be derived.
a. '91e contractor will, unless precluded by a valid bargaining
agreement. conduct systematic and direct recruitment through public
and privrote employee referral sources likely to yield qualified minority
group applicants. To meet this requirement, the contractor will
identify sources of potential minority group employees, and establish
with Such identified sources procedures whereby minority group
applicants maybe referred to the contractor for employment consider-
ation,
is in the event the contractor has a valid bargaining agreement
pr
oviding for exclusive hiring hall referrals, he is expected to observe
he provisions of that agreement to the extent that the system permits
the contractors compliance with EEO contract provisions, (The DOL
has held that Where implementation of such agreements have the
affect of discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates Executive
Order 11246, as amended,)
c the contractor will encourage his present employees to refer
mmonty group applicants for employment. Information and proce-
dures with regard to irffornriq minority group applicants will be
discussed with employees.
5, Personnel Actions: Wages, working conditions, and employee
berrelfissoall 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 ;nsure that working conditions and employee facilities do not
indicate diScrintinatury treatment of project site personnel.
to
The contractor will periodically evaluate the spread ofwages
paid within each classification to determine any evidence ofdiscrimi-
ontury wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence c4discrimina-
tron. 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
il,cluda .-)It affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection with his
obligations under this contract, Will attempt to resolve such com-
plaints. and will take appropriate corrective action within a reasonable
time. If the investigation indicates that the discrimination may affect
persons other than the complainant, such corrective action shall
include such other persons. Upon completion of each investigation,
the ocritractoranil inform every complainant of all of his avenues of
appeal
6 Training and Promotion;
-1 The contractor will assist in locating qualifying, and
increasing the skills of minority group and women employees, and
applicants for employment.
b Consistent with the contractor's workforce requirements and
as pentristeble ondoe, Federal and State regulations, the contractor
shall make full use of training programs, re,, apprenticeship, and
on-the-job training programs for the geographical area of contract
performance Where feasible. 25 percent of apprentices or trainees
in each cocurration shall be in their first year of apprenticeship or
Unining in the event a special provision for training is provided under
this contract, this subparagraph will be superseded as indicated in the
special provision.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance require-
ments ea- each
d The contractor will periodically .review the training and
Promotion potential of minority group and women employees arid will
eucourage, eligible employees to apply for such training
a and promo -
ton
7, Unions: If
f the contractor relies in whole, or in part upon unions
as a source of employees, the contractor will use hisiher best efforts
to obtain the cooperation of such unions to increase opportunities for
minority groups and women Within the unions, and to effect referrals
by such unions of minority and female employees. Actions by the
contractor either directly or through a contractor's association acting
as agent will include the procedures set forth below:
a. The contractor Will use best efforts to develop, in coopera-
tion with the unions, joint training programs aimed toward qualifying
more minority group members and women for membership in the
unions and increasing the skills of minority group employees and
women so that they may qualify for higher paying employment.
b The contractor will use best efforts to incorporate an EEO
clause into each union agreement to the end that Such union will be
contractually bound to refer applicants without regard to their race,
color, religion, sex, national origin. age or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the extent
such information is within the exclusive possession of the labor union
and such labor union refuses to furnish such information to the
contractor, the contractor shall so certify to the SHA and shall set
forth what efforts have been made to obtain such Information.
d. In the event the union is unable to provide the contractor
with a reasonable Pow ofminonly and women referrals within the time
limit set forth in the collective bargaining agreement, the contractor
will, through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national origin,
age or disability; making full efforts to obtain qualified andlor
qualifiable minority group persons and women. (The DOL has held
that it shall be no excuse that the union with which the contractor has
a collective bargaining agreement providing for exclusive referral
failed to refer minority employees.) In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these special
provisions, such contractor shall immediately notify the SHX
8. Selection of Subcontractors, Procurement offillateriats 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 procure-
ment of materials and leases of equipment,
a. The contractor shall notify all potential subcontractors and
suppliers of hisiber EEO obligations under this contract.
b. Disadvantaged business enterprises (DEE), as defined in 49
CFR 23� shall have equal opportunity to compete for and perform
subcontracts which the contractor enters into pursuant to this
contract. The contractor will use his best efforts to solicit bids from
and to utilize DBE subcontractors or subcontractors with meaningful
minority group and female representation among their employees.
Contractors shall obtain lists of DBE construction firms from SHA
personnel.
c, The contractor will use his best efforts to ensure subcontrac-
for compliance with their EEO obligations,
9. Records and Reports: The contractor shall keep such records
as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following
completion of the contract work and shall be available at reasonable
times and places for inspection by authorized representatives of the
SHA and the FHVVA,
a. The records kept by the contractor shall document the
following:
(1) The number of minority and non -minority group
members and women employed in each work classification on the
projects
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment opportunities
for minorities and women;
3, The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minority and female employees;
and
Of The progress and efforts being made in securing the
services of DBE subcontractors or subcontractors with meaningful
minority and female representation among their employees,
P-Acir = Form FHWA-1273 (Rev, 3-94)
cacti july -*ter the duration of the Project, indicating the number of
,ninouty, women. and non -minority group employees currently
engaged in each work classification required by the contract work.
This information is to be reported on Form FHWA-1391 If on -the
job training is being required by special provision, the contractor will
be required to collect and report training data,
{Applicable to aft Federal -aid construction contracts and to all
ralifted subcontracts of $10,000 or more.)
a. By submission of this bid, the execiation, of this contract or
subcontract, or the consummation of this material supply agreement
or , ourchase order, as appropriate, the bidder, Federal -aid construs-
n contractor, subcontractor, material supplier, or vendor, as
appropriate, certifies that the firm does not maintain or provide for its
employees any segregated facilities at any of its establishments, and
that the firm does not permit its employees to perform their services
at any location under its control where segregated facilities are
maintained. The finit agrees that a breach of this certification is a
violation of the EEO provisions of this contract, The firm further
codifies that no employee will be denied access to adequate facilities
or the basis of sex or disability,
In As used in this certification, the term "-segregated facilities'
mroms any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, firrinclocks, locker rooms, and
other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
facilities provided for employees which are segregated by explicit
directive, of are, in fact, segregated on the basis of race, color,
religion. national origin, age or disability, because of habit, local
custom, or otherwise. The only exception wilt be for the disabled
-bt,rm the demands for accessibility override (e,g. disabled parking).
c The contractor agrees that it has obtained or will obtain
identical certification from proposed subcontractors or material
suppliers prior to award of subcontracts or consummation of material
supply agreements of $10,000 or more and that it will retain such
certifications in U files,
. 1 9 *: 64 ,, 0
(Applicable to all Federal -aid construction contracts exceeding
52,000 and to all related subcontracts, except for projects located on
Toadways classified as local roads or rural minor collectors, which are
exempt)
& All mechanics and laborers employed or working upon the
site of the work will be paid tincoriffition ally 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
reguiations (29 CFR 3) issued by the Secretary of Labor under the
Co,pr4anrfAct (40U.SC 276c)] the full amounts of wages and bona
fide fringe beneffis. (or cash equivalents thereof) due at time of
payment. The payment shall be computed at wage rates not less
than those contained in the wage determination of the Secretary of
Labor thereinafter "the wage determination') which is attached hereto
and rriade a part hereof, regardless of any contractual relationship
which ioay be alleged to exist between the contractor or its subcon-
tractors and such laborers and mechanics. The wage determination
(including any additional classifications and wage rates conformed
under paragraph 2 of this Section N and the DOL poster (WH-1 32 1)
or Form FHWA-1495) shall be posted at all times by the contractor
and its subcontractors at the site of the work in a prominent and
,-.iccessible place where it can be easily seer) by the workers. For the
movose of Ibis Section, contributions made or costs reasonably
anticipated for bona fide fringe benefits under Section I (b)(2) of the
C)avoi-Bardin Act (40 U.S.C, 2 76a) on behalf of laborers or mechanics
are consideredwaims paid to such laborers or mechanics, subject to
th
e provisions of Section IV, paragraph 3b, hereof, Also, for the
Purpose of this Section, regular contributions made or costs incurred
)car more than a weekly period (but not less often than quarterly)
under plans funds, or programs, which cover the particular weekly
period, are doomed to beconstructively made 0rinCUrred dun," such
weekly period. Such laborers and mechanics shalt be Paid the
aporopriate wage rate and fringe benefits on the wage determination
or the classification of work actually performed, without regard to
slaili, except as provided in paragraphs 4 and 5 of this Section IV,
Form F1 4WA- 1273 (Rev, 3-94)
b. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein, provided, that the
employer's payroll records accurately set forth the time spent in each
classification in which work is performed,
-1 'MMIN11
by reference in this contract,
2, Classification:
a. The SHA contracting officer shall require that any class of
laborers or mechanics employed under the contract, which is not
listed in the wage determination, shalt be classified in conformance
with the wage determination.
ti. The contracting officer shciff approve an additional efassifica-
tion, wage rate and fringe benefits only when the following criteria
have been met:
(1) the won( to be performed by the additional classifica-
tion requested is not performed by a classification in the wage
determination;
f2) the additional classification is utilized in the area by the
construction industry;
J3) the proposed wage rate, including any bona fide fringe
benefits, Pears a reasonable relationship to the wage rates contained
in the wage determination; and
it ' 4) with respect to helpers, when such a classification
prevails in the area in which the work is performed.
C. If the contractor or subcontractors. as appropriate, in, -
laborers and mechanics (if known) to be employed in the additional
classification or their representatives, and the contracting officer
agree on the classification and wage rate (including the arnount,
designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the DOL,
Adminis(ralorof the Wage and Hour Division, Employment Standards
Administration, Washington, D.G. 20210. The Wage and Hour
Administrator, or an authorized representative, will approve, modify,
or disapprove every additional classification action within 30 days of
receipt and so advise the contracting or will notify the contract-
ing officer within the 30-day period I at additional time is necessary.
d. in the event the contractor or subcontractors, as appropid-
ans, the laborers or mechanics to be employed in the additional
classification or their representatives. and the contracting officer do
not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all
interested parties and the recommendation of the contracting officer,
to the Wage and Hour Administrator for determination. Said
Administrator, or an authorized representative, will issue a determine.
Lion within 30days of receipt and so advise the contracting officer or
will notify the contracting officer within the tit) -day period that
additional time is necessary
a. The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraph 24c or 2d of this Section IV shall be
paid to all workers performing work in the additional classification
from the first day on which work is performed in the classification.
3. Payment of Fringe Benefits;
a, Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit which
is riot expressed as an hourly rate, the contractor or subcontractors,
as appropriate, shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an
hourly case equivalent thereof.
b, If the contractor or subcontractor, as appropriate, does not
make payments to a trustee or other third person, hefshe may
consider as a part of the wages of any taborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan of 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 .;at aside in a
separate account assets for the meeting of obligations under the plan
or program,
4, Apprentices and Trainees {Programs of the U.B. DOL) and
Helpers:
moraccomimm
1 Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona tide
apprenticeship program registered with the DOL, Employment and
Training Ad^min€stration, Bureau of Apprenticeship and Training, or
with a State apprenticeship agency recognized by the Bureau, or if a
person is eramployed in his/her first 90 days of probationary employ -
moot as an apprentice in soon an apprenticeship program, who is not
individually registered in the program, but who has been certified by
the Bureau of Apprenticeship and Training or a State apprenticeship
,agency i'where appropriate) to be eligible for probationary employ-
ment as an apprentice,
ty j The allowable ratio of apprentices to journeyman-levet
employees on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire work
farce under the registered program, Any employee listed on a payroll
at an apprentice wage rate, who is not registered or otherwise
employees as stated above, shall be paid not less than the applicable
wage rate listed in the wage determination for the classification of
Work actually performed.. In addition, any apprentice performing work
on the jrra site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the
wade determination for the work actually performed. Where a
contractor or subcontractor is performing construction on a project in
a locality other than that in which its program is registered, the ratios
and wage rates (expressed in percentages of the journeyman -level
hourly rate? specified in the contractor's or subcontractor's registered
program shall be observed.
(3j Every apprentice must be paid at not less than the rate
specified ;n time registeredprogram for the apprentice's level of
progressexpressed as a percentage of the journeyman, level hourly
rate specified in the applicable wage determination. Apprentices
snali 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
0assification if the Administrator for the Wage and Hour Division
determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that
�:t titermlFinatlSin,
4; in the event the Bureau of Apprenticeship and Training,
or a State apprenticeship agency recognized by the Bureau, with-
draws approval of an apprenticeship program, the contractor or
subcontractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the comparable work
performed by regular employees until an acceptable program is
approved.
i t) Except as provided in 29 GFR 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 lariorapproval, evidenced
by formal certification by the DOL, Employment and Training
Administration.
,2) The ratio of trainees to journeymamlevelemployees on
the job sita shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Any
employee listed on the payroll at a trainee rate who is not registered
air,! pafticipating 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 per°ormed. In addition, any trainee performing work oft the
job site in excess of the ratio permitted under the registered program
shall be paid not Tess than the applicable wage rate on the wane
determination for the work actually performed.
;3j Every trainee must be paid at not less than the fate
specified m the approved program far his/her tevel of progress,
expressed as a percentage of the journeyman -level hourly rate
specified m the ;applicable wage determination. Trainees shall be
paid /singe benefits in accordance with the provisions of the trainee
prograrnt If the trainee program does not mention fringe benefits,
trainees shelf 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 associ-
ated with the corresponding journeyman -level wage rate on the wage
determination which provides for less than full fringe benefits for
apprentices, in which case such trainees shalt receive the same
fringe benefits as apprentices.
Of in the event the Employment and Training Administra-
tion withdraws approval of a training program. the contractor or
subcontractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until
an acceptable program is approved,
Helpers will be permitted to work on a project if the helper
classification is specified and defined on the applicable wage
determination or at approved pursuant to the conformance procedure
set forth in Section IV.2. Any worker fisted on a payroll at a helper
wage rate. who is not a helper under a approved definition, shall be
paid not less than the applicable swage rate on the wage determine-
tion for the classification of work actually performed.
Apprentices and trainees working underapprenticeship 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.
alxmz�
The SHA shall upon its own action or upon ;written request of
an authorized representative of the t7Qt, withhold, or cause to be
withheld. from the contractor or subcontractor under this contract or
any other Federal contract with the same prime contractor, or any
other Federally -assisted contract subject to Davis -Bacon prevailing
wage requirements which is held by the same prime contractor. a
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 orany subcontrac-
tor the full amount of wages required by the contractin the event of
failure to pay any taborer or mechanic, including any apprentice,
trainee, or helper, employed or working on the site of the work, all or
part of the wages required by the contract, the SHA contracting officer
may, after written notice to the contractor, take such action as may be
necessary to cause the suspension of any further payment, advance,
or guarantee of funds until such violations have ceased.
No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of
laborers, mechanics, watchmen, or guards (including apprentices,
trainees, and helpers described in paragraphs 4 and 5 above) shalt
require or permit any laborer, mechanic, watchman or guard in any
workweek in which he/she is employed on such work, to work in
excess of 40 hours in such workweek unless such laborer, mechanic,
watchman, or guard receives compensation at a rate not less than
one•and-one-half times his/her basic rate of pay for all hours worked
in excess of 40 hours in such workweek.
Liability for Unpaid Wages„ Liquidated Damages: In the event
of any violation of the clause set forth in paragraph 7 above, the
contractor and any subcontractor responsible thereof shall be liable
to the affected employee for his/her unpaid wages In addition. such
contractor and subcontractor shalt 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 taborer, mechanic. watchman, or guard employed in
violation of time clause set forth in paragraph 7, in the sum of $10 for
each calendar day on which such employee was required or permit-
ted to work in excess of the standard work week of 40 hours without
payment of the overtime wages required by the clause set forth in
paragraph 7
9. Withholding for Unpaid Wages and Liquidated Damages:
r-rnir4 Form FHWA-1273 (Rev, 3-94)
The _SHA shall upon its own action or upon written request of any
3Uth0F1ZsC representative of the DOt. withhold, or cause to be
withheld, from any monies payable on account of work performed by
the contractor or subcontractor tinder 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 critics, as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph
8 above.
V. STATEMENTS AND PAYROLLS
tApplicable, to III Federal -aid construction contracts exceeding
S2,000and to ail related subcontracts, except for projects located on
roadways classified as local roads of rural collectors, which are
exempt
1. . Compliance with Copeland Regulations (29 CFR 3p
The contractor shall comply with the Copeland Regulations of the
Secretary of Labor which are herein incorporated by reference,
2. Payrolls and Payroll Records:
a Payrolls and basic records relating thereto shalt be
maintained by the contractor and each subcontractor during the
course of the work and preserved for a period of 3 years from the
date of completion of the contract for all laborers, mechanics,
apprentices trainees, watchmen, helpers, and guards working at the
site of the work,
b. The payroll records shall contain the name, social security
mirtmtsr. and address of each such employee; his or her correct
...ossification; hourly rates of wages paid {including rates of contribu-
tions ,)r costs anticipated for bona title fringe benefits or cash
equivatwt coasts
the types described in Section 1(b)(2f(B) of the
Davis Bacon Act); daily and weekly number of hours worked:
deductions inside, and actual wages paid. in addition, for Appale-
chian contracts, the payroll records shall contain a notation indicating
whether the employee does, or does not, normally reside in the tabor
area as rimmed in Attachment A. paragraph 1. Whenever the
Secretary of Labor, Pursuant to Section IV paragraph 3b, has found
that the waff
es Of any laborer or mechanic include the amount of any
coasts
c reasonably anticipated in providing benefits tinder a ]an or
Program described in Section 1 (b)(2)(8) of the Davis Bacon X0, the
contractor and each subcontractor shall maintain records which show
that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, that the plan or program
has been communicated in writing to the laborers or mechanics
affected, and show the cost anticipated or the actual cost incurred in
providing heriefits Contractors or subcontractors employing
apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprentices and trainees, and
ratios and wage rates prescribed in the applicable programs,
C. Each contractor and subcontractor *hall furnish, each week
,n wh=ch any contract work is performed, to the SHA resident
engineer a payroll of wages paid each of its employees (including
apprentices, trainees, and helpers, described in Section IV, para-
9faPhs, 4 and 5, add watchmen and guards engaged on work during
the preceding weekly payroll period). The payroll submitted shall set
Out accurately and completely all of the Information required to be
maintained under paragraph 21a of this Section V. This information
may be submitted in any form desired Optional Form WH-347 is
available for this Purpose and may be purchased from the Superin-
,Rricient of Documents (Federal stock number 029-005-0014-1), U.S.
Government Printing Office, Washington, D C. 20402. The prime
contractor is responsible for the submission of copies of payrolls by
Off subcontractors.
it Fach nayroll submitted shaft be accompanied by a "State-
tneril, Of Compliance,' signed by the contractor or subcontractor or
lifis"Ifier agent who pays of supervises the Payment of the persons
employed under the contract and shall certify the following:
;hat the payroll for the payroll period contains the
mfor"'ation required to be maintained under paragraph 2b of this
orati
on V and that such information is correct and immpleW
vy but such laborer or mechanic {including each helper,
apprentice, and trainee) employed on the contract during the payroll
period has been paid the full weekly -wages earned, without rebate,
either directly Or mclirettly, and that no deductions have been made
either directly or indirectly from file full wages earned, other than
permissible deductions as set forth in the Regulations, 29 CFR 3;
f31 that each laborer or mechanic has been paid not less
that the applicable wage rate and fringe benefits or cash equivalent
for the classification of worked performed, as specified in the
applicable wage determination incorporated into the contract.
a The weekly submission of a Property executed certification
set forth on the reverse side of Optional Form WH-347 Shaft satisfy
the requirement for submission of the "Statement of Compliance,
required by paragraph 2d of this Section V.
f. The falsification of any of the above certifications may
subject the contractor to civil or criminal prosecution under 18 U.S.C.
1001 and 31 U.S.G. 231,
9. The contractor or subcontractor shall make the records
required under paragraph 2b of this Section V available for inspec-
tion, copying, or transcription by authorized representatives of the
SHA, the FHWA, or the DOL, and shall permit such representatives
to interview employees during working hours on the job. if the
contractor or subcontractor fails to submit the required records or to
make them available. the SHA, the FHWA, the DOL, or all may, after
written notice to the contractor, sponsor, applicant, or owner, take
such actions as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore.
failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to
29 CFR 5. 12,
I
1, On all Federal -aid contracts on the National Highway System,
except those which provide solely for the installation of protective
devices at railroad grade
those which are constructed an
a force account ordirectlabor highway beautification contracts,
and contracts for which the total final construction cost for roadway
and bridge is less than $1,000,000 (23 CFR 635) the contractor shall:
a. Become familiar with the list of specific materials and
supplies contained in Form FHWA-47, 'Statement of Materials and
Labor Used by Contractor of Highway Construction Involving Federal
Funds,' prior to the commencement of work tinder this contract,
b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in the work, and also at the
quantities of those specific materials and supplies listed on Form
FHWA-47, and in the units shown on Form FHWA-47
c, Furnish, upon the Completion Of the contract, to the SHA
resident engineer on Form FHWA-47 together with the data required
in paragraph lb relative to materials and supplies, a final labor
summary of all contract work indicating the total hours worked and
the total amount earned,
Z At the prime contractor's option, either a single report covering
all contract work or separate reports for the contractor and for each
subcontract shall be submitted.
1. The contractor shall Perform with its own organization contract
work amounting to not less than 30 percent (or a greater percentage
it specified elsewhere in the contract) of the total original contract
price, excluding any specialty items designated by the State.
Specialty items may be performed by subcontract and the amount of
any such specialty items performed may be deducted from the total
original contract pace before computing the amount of work required
to be performed by the contractor's own organization (23 CFR 635)e
a, "Its own organization' shall be construed to include only
workers employed and paid directly by the prime contractor and
equipment owned or rented by the prirrree contractor, with or without
operators. Such term does not include employees or equipment of
Fo,m FHWA- 1273 (Rev, 3.94.1 Prq& 5
,a subcontractor. assignee, or agent of the prime contractor
fi 'Specialty Items" shalt be construed to be limited to work
that requires highly specialized knowledge, abilities, or equipment net
ordinarily available in the type of contracting organizations qualified
.and expected to bid on the contract as a whole and in general are to
I
e limited to miner components of the overall contract.
2. The -ontract amount upon which the requirements set forth in
paragraph 1 of Section VII is computed includes the cost of material
and manufactured products which are to be purchased or produced
by ``-he c ontractor under the contract provisions.
3, r'he contractor shall furnish (a) a competent superintendent or
supervisor who is employed by the firm, has frill authority to direct
cerforrnarsce of the work in accordance with the contract require-
ments: and is in charge of all construction operations (regardless of
who performs the work) and (b) such other of its own organizational
resources (e i supervision, management. and engineering seces) as
the SHA contracting officer determines is necessary to assure the
performance of the contract,
4. No portion of the contract shall be sublet, assigned or otherwise
disposes of except with the written consent of the SHA contracting
officer. or authorized representative, and such consent when given
shall riot be construed to relieve the contractor of any responsibility
for the fulfillment of the contract. 'Written consent will be given only
after the SHA has assured that each subcontract is evidenced in
writing rand that it contains all pertinent provisions and requirements
of the prime contract.
Vial. SAFETY. ACCIDENT PREVENTION
1. in the performance of this contract the contractor shall comply
with all applicable Federal. State, and local laws governing safety,
fi, ,Ath, and sanitation {23 CFR 635). The contractor shall provide all
safeguards, safety devices and protective equipment and take any
other needed actions as it determines, or as the SHA contracting
officer may determine, to be reasonably necessary to protect the life
anet health of employees an the job and the safety of the public and
to protect property in connection with the performance of the work
covered hr the contract.
2. It is a condition of this contract, and shalt be made a condition
of each subcontract, which the contractor enters into pursuant to this
contract, that the contractor and any subcontractor shall not permit
any employee, in performance of the contract, to work in surround-
ings or under conditions which are unsanitary, hazardous or danger -
on, to his#firer health or safety, as determined cinder construction
safety and health standards (29 CFR 1926) promulgated by the
Secretary of tabor, in accordance with Section 1t}7 of the Contract
Walk Hours and Safety Standards Act (40 U.S.C. 333),
3. Pursuant to 29 CFR 192e.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
tog 0.S.C.:333).
a
in order to assure high quality and durable construction in confor-
mity with :approved plans and specifications and a high degree of
reliability on statements and representations matte by engineers,
contractors, suppliers. and workers on Federat•aid highway projects,
it u w essential that ail persons concerned with the project perform their
Functions as carefully, thoroughly, and honestly as possible. Willful
falsification, distortion, or misrepresentation with respect to any facts
related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar
acts, the allowing notice shall be posted on each Federal -aid
highway project (23 CFR 635) in one or more places where it is
readily available to all persons concemed with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID
HIGHWAY PROJECTS
18 ij S.0 1020 reads as follows
Wh ^ewer. raeirg air officer, agent, or employee of the United
States, or of any State or, Territory, or whoever, whether a person,
,issociatton firm, or corporation, knowingly makes any false state-
rrteril, false representation, orfalse reportas to the character, quality,
quantity, oncost ofthe material used or to be fused. or the tntiarply or
quality of the work performed or to be performed, or the cost thereof
in connection with the submission of plans, reaps, specifications,
contracts. or costs of Construction on any highway or related protect
submitted for approval to the Secretary of Transportation: or
Whoeverknowingly makes any false statement, false representa-
tion, false report or false claim with respect to the character, quality,
quantity, or cost of any work performed or to he performed, or
materials famished or to be furnished. in connection with the
construction of any highway or ;elated project approved by the
Secretary of Transportation: or
Whoeverknowrrrgly makes any (arse s f atemertt or farce represent s-
tion as to material tact in any statement, r:ertifs are, or report
submitted pursuant to provisions of the Federal -aid Poads Act
approved Jetty a, 1916, (39 Star, .355), as amended and supple -
merited,'
Shall be firred riot more that S 10,600 or imprisoned riot more than
5 years or both, '
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL
(Applicable to all Federal -aid construction contracts and to all related
subcontracts of $100,000 or more.)
By submission of this bid or the execution of this contract, or
subcontract, as appropriate, the bidder, Federal -aid construction
contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:.
1. That any facility that is orwitl be utilized in the performance of this
contract, unless such contract is exempt under the Clean Air Act, as
amended (42 U.S.C. 1857 at se as amended by Pub.L. 91-6u34),
and under the Federal Water Action Control Act, as amended 133
l.i S.C. 1251 et se ., as amended by Pub,L. 92-5i14), Executive Order
11738, and regulations in implementation thereof (40 CFR 15) is not
listed, on the date of contract award, on the U.S. Environmental
Protection Agency (EPA) List of Violating Facilities pursuant to Ott
CFR 15.2G.
2. That the firm agrees to comply and remain in compliance with all
the requirements of Section 114 of the Clean Air Act and Section 308
of the Federal Water Pollution Control Act and all regulations and
guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt of any
communication from the Director, Office of Federal Activities, EPA,
indicating that a facility that is or will be utilized for the contract is
undeirconsideration to be listed on the EPA Listof Violating Facilities.
4. That the firm agrees to include or cause to be included the
requirements of paragraph 1 through 4 of this Section k in every
nonexempt subcontract, and further agrees to take such action as the
government may direct as a means of enforcing such requirements.
Xi. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
1. Instructions for Certification - Primary Covered Transac-
tions:
(Applicable to all Federal -aid contracts - 49 CFR 29"
a. Sy signing and submitting this proposal, the pr=aspective
primary participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will neit necessarily result in denial of participation in this
covered transaction, The prospective participant shall submit an
explanation of why it cannot provide the certification set out below,
The certification or explanation will be considered in connection with
the department or agency's determination whether to enter into this
transaction. However, failure of the prospective primary participant
to furnish a certification or an explanation shall disqualify such a
person from participation in this transaction.
c, The certification in this clause is a material representation
of fact upon which reliance was placed when the department ur
agency determined to enter into this transaction, if it is later deter-
minedthat the prospective primary participant knowingly rendered an
erroneous certification, in addition to other remedies available to the
Federal Government, the department or agency may terminate this
-,aces Form FHA-1273 tRev, 3-94)
transaction for cause of default.
o The prospective primary participant shall provide immediate
vvrillon nonce to the department or agency to whom this proposal is
suticrAted if any time the prospective primary participant learns that
its certification was erroneous when submitted or has become
erroneous by reason of Changed circumstances.
e. The terms 'Covered transaction," *debarred,' "suspended,'
"inefigible," "tower tier covered transaction,' "participant" "person,"
.,primary o ered transaction," "principal," 'proposal, and "voluntarily
excluded," as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive
Order 12549. You may contact the department or agency to which
this proposal is submitted for assistance in obtaining a copy of those
regulations
f. the prospective primary participant agrees by sobmitfin( gthis
proposal that, should the proposed Covered transaction be entered
into, it shall not knowingly enter into any lower tier covered transac-
tion with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency entering into this
transaction,
q, The prospective primary participant further agrees by
ubmitting this proposal that it will include the clause titled "Certifica-
doo Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusiori-Lower Tier Covered Transaction,' provided by the
department or agency entering into this covered transaction, without
-modification, in all lower tier covered transactions and in all solicita-
tions for lower tier covered transactions.
n. A participant in a covered transaction may rely upon a
,;Cr;if`alion of a pro$ rictive participant in a lower tier covered
I Irrans labarred, suspended, ineligible, of voluntarily
excluded from the covered transaction. unless it knows that the
comfication is erroneous. A participant may decide the method and
frequency bywhich it determines the eligibility of its principals. Each
participant may. but is not required to, check the nonprocurement
portion of the 'Lists of Parties Excluded From Federal Procurement
or Nonprocurement Programs (Nooprocurement List) which is
compiled by the General Services Administration,
i Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good Foub the certification required by this ctause. The knowledge
and information of participant is not required to exceed that which is
nooraily possessed by a prudent person in the ordinary course of
bustne%soesitings.
Except for transactions authorized under paragraph I 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 toolbar remedies available
to the Federal Government, the department or agency may terminate
this transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion --Primary Covered Transactions
1, The prospective primary participant certifies to the best of its
knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from covered
transactions by any Federal department or agency;
b. Have not within a 3-year period preceding this proposal
been convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with obtain-
ing. attempting to obtain, or performing a public (Federal, State or
local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes of commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph 1 b of
this certification: and
it , Have not within a 3-year period preceding this applica-
tion/proposal had one or more public transactions (Federal, State or
local) terminated for cause or default,
2. Where the prospective primary participant is unable to certify to
any of the statements in this certification, such prospective participant
shall attach an explanation to this proposal,
2. Instructions for Certification -Lower Tier Covered Transac.
tions;
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of $25,000 or more - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
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 depart-
ment, or agency with which this transaction originated may pursue
available remedies, including suspension andlor debarment,
C, The prospective lower tier participant shall provide immedi-
ate 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,"
1neliffible,` "purrrcrry covered fiausarbfipri," "participant," "person,"
principal,' "Proposal,' and 'voluntarily excluded,* as used in this
clause, have the meanings set out in his Definitions and Coverage
sections of rules atplerpenfing Executive Order 12549. You may
contact the person to which this proposal is submitted for assistance
in obtaining a copy of those regulations,
e. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with
which this transaction originated.
f The prospective lower per participant further agrees by
submitting this proposal that it will include this clause titled "Cedifica-
tion Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion -Lower Tier Covered Transaction,,. without modification, in
all lower tier covered transactions and in all solicitations for tower tier
covered transactions.
9. A participant in a covered transaction may rely upon a
certification of a prosper -five participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and
Form FHWA- 1273 (Rev. 3-94) P,,,se 7
�re,,ioarcy by wr',ich it determines the eligibility of its principals. Each
p,ihiciparif i;ay. but is not required to, check the Nonprocurement
L ,st
h, Nolh,nq contained in the foregoing shall be construed to
equire 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 "eattrols.
i. Pycept for transactions authorized under paragraph a of
'hese kristructions, if a participant in a covered transaction knowingly
,orma rito a lower tier covered transaction with a person who is
iosPendarl, debarred, ineligible, or voluntarily excluded from
oact , ticipatiomn this transaction, in addition to otherremedies available
to the Wederial Government, the department or agency with which this
transaction crgirated may pursue available remedies, including
suspension andor debarment,
Certification Regarding Oebarment, 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 volun-
tarily excluded from participation in this transaction by any Federal
department or agency,
7 vsnioe I the prospective lower tier participant is unable to codify,
For any of ',ne statements in this certification, such prospective
participant shail attach an explanation to this proposal.
UPE
{Appfloable 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 infiniencirg
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 an � 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. It any funds other than Federal appropriated funds have
been paid or valf 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-LILL, 'Disclosurc, Form to Report LoNvying,' 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 makingor entering
into this transaction imposed by 31 U.S.C. 1352. Any person who
fails to file the required certification shalt be subject to a civil penalty
of not less than $10.000 and not more than $100 000 for each such
failure.
3. The prospective participant also agrees by submitting his or her
bid or proposal that he or she shall require that the language of this
certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such recipients shall certify and disclose
accordingly.
Form FHWA-1273 (Rev, 3.94)
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR
APPALACHIAN CONTRACTS
(Applicable to Appalachian contracts only.)
I Du(ing the performance of this contract, the contractor under-
taking 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 riot available.
0 For the reasonable needs of the contractor to employ
$uPer,lsor� or specialty experienced personnel necessary to assure
an efficient execution of the contract work.
c Por the obligation of the contractor to offer employment to
present or former employees as the result of a lawfut 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 Employ-
ment Service indicating la) the classifications of the laborers,
rnechanics, and other employees required to perform the contract
work, (b) the number of employees required in each classification,
(c) the date on which he estimates Such employees will be required,
and (d) Any other pertinent information required by the State Employ-
ment Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by telephone.
if during the course of the contract work, the information submitted by
the contractor in the original job order is Substantially modified, he
shall promptly notify the State Employment Service.
3, The contractor shall give full consideration to all qualified job
applicants referred to him by the State Employment Service. The
contractor is not required to grant employment to any job applicants
who, in his opinion, are not qualified to perform the classification of
work required.
4, if, within 1 week following the placing of a job order by the
contractor, with the State Employment Service, the State Employment
Service is Unable to refer Any qualified job applicants to the contrac-
tor, or less than the number requested, the State Employment
Service will forward a certificate to the contractor indicating the
unavailability of applicants. Such certificate shall be made a part of
the coritrartor'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 to above.
5, The contractor shall include the provisions of Sections I
through 4 of this Attachment A in every subcontract for work which is,
or reasonably may be, done as on -site work.
Forre FJlWA-1 273 (Rev. 3-94) P,q. 9
MACTEC Engineering and Consulting
2010 Schedule of Fees
(Standard A — except California)
Effective: February 17, 2010
1. Personnel
Charges will be made at the following rates for time spent in project rnanagement,
consultation or meetings related to the project, conducting field inspections, sampling,
evaluations, review and analysis of field and laboratory data, report preparation and
review, design, travel time, etc.
Time spent on projects in litigation, in depositions and providing expert testimony will be
charged at the standard rate titnes 2.0, Technician and Support Personnel time for work
over 8 hours per day and on holidays, Saturday and Sunday will be charged at the
standard rate times 1 ,5 .
A. Professional (Engineer, Geologist, Scientist and Project Management)
Staff I
Staff 11
Project
Senior
Principal/Project Manager
Senior Principal/Senior Project Manager
41
Chief Engineer/Scientist
Special Rate Personnel*
$71 -00/hour
$77,00/hour
$86.00/hour
$109.00/hour
$155-00/hour
$159.001hour
$194,(Ohour
Separate Schedule
Special Rate Personnel identified by name (such as certain Senior Principals with
specialized expertise) will he billed at a special rate identified for individual
projects.
B. Technical Services (Engineering and Science)
Technician (
Technician 11
Senior Technician I
Senior Technician 11
Principal `Technicians and Specialty Technicians (i.e.,
persons holding specialized certifications)
Project Administrator/Project Coordinator/Subcontract
Adi-ninistrator/Project Accountant
Technical Writer/Document Processor
CARD/Draftsperson {includes
includes PC/CAD} I
CARD/Draftsperson (includes PC/CAM 11
Admin I
Admin 11
N
Separate Schedule
$75.00/hour
$78.00/hour
$66.00/hour
S 10 1 .00/hour
$40.00/hour
$52-00/11OUr
2 0 10 Schedule of Fees
Staiidard A
C. Surveying Services
Field Surveyor I
Field Surveyor 11
Survey Technician I
Survey Technician 11
Survey Party Chief
D. Information Management
Software Engineer ' Data Technician
Senior Software Engineer
'Business Analyst
E. Contract Labor
S92.00/hour
$132.00/'hour
$162.00/hour
$132.00.1hour
Note- Personnel rates shown in the above fee schedule apply to project charges through
I
January 20, 2011. On January 21 st of each subsequent year, labor rates invoiced on
projects will be increased by 3.5% to reflect annual cost of labor increases,
II. Expenses
A. Travel Expenses
1. Transportation: Company pickup truck/personal vehicle, per mile - S0.445
a. Company pickup truck per day - $75
b, Common carrier or car rental multiplied by as covered in 7.3.1 of the
Contract to the amounts authorized by Section 112.06 1, Florida Statutes)
2. Per Diem expenses: direct expenses in accordance with Florida State Statutes.
B. Disposal of Hazardous Waste Samples
Samples of waste will be disposed by permitted methods after a determination is
made that the waste is defined by RCRA to be hazardous. Due to the requirements
for some hazardous assessments, disposal and invoicing of incur -red expenses may
take place after invoicing of the originally contracted work.
21010 10 Schedule of Fees
Stmidard A
C. Equipment / Other Expenses
Digital Field Documentation Equipment (cameras, water
level & measuring tapes. GPS units, etc.)
Geophysical Equipment
Geotechnical & Environmental Monitoring & Sampling
Equipment
Special equipment Or Supplies, PCrMitS, shipping ClJJr;-Y S,
special printing or other items not customarily provided by
MACTEC will be charged at cost multiplied by 1.15
D. Communications
Separate Schedule
Separate Schedule
Separate Schedule
In-house costs for postage long-distance phone, telex, telecopier, - project labor
9 'c
charges x 5%
M. Subcontracts
Subcontract services will be invoiced at cost multiplied by 1, 15.
I
MACTEC Engineering and Consulting
2010 Schedule of Fees
(Standard A — except California)
Effective: February 17, 2010
Specialized Personnel
Charges will be made at the following rites for Specialty Engineering time spent in
consultation or meetings related to the project, conducting field inspections, evaluations,
review and analysis, litigation, travel time, etc. These specialty engineers will be
identified prior to work being performed and only when specialty work is requested.
A. Specialized Professional Personnel (Registered Engineers (PE), or other professional
registration as may be required for the specialty.)
Senior Metallurgist (Professional Engineer. CWI) S I 94,00/hour
Registered Engineer for Litigation, Depositions. Testimony $295.00/hour
Senior Structural Engineer (PE) $194,00/hour
Senior Materials Engineer (,PE) $194.00/hour
Senior Forensic Engineer for Failure Analysis (PE) S I 94,00/hour
Senior Environmental Engineer Specialist (PE) $194.00/hour
Special Rate Personnel will be identified by name at the time of request (such as
certain Senior Principals with specialized expertise)
H. Equipment / Other Expenses
(Does not include personnel)
Digital Field Documentation Equipment (cameras,
water level & measuring rapes, GPS units, etc.)
Geophysical Equipment (GPR equipment)
Underwater Camera Equipment/Video up to 50 feet
depth and low turbidity
Envirommmal Monitoring & Sampling Equipment
(Dust, OVA, Air Monitoring, Noise Meter, Light
meter)
Special equipment or supplies, permits, shipping
charges, special printing or other items not
customarily provided by MACTEC
$75/day (min 2 days)
$ 1, 1 00/day (min 2 days)
$1.900/day
$ 100 to $450/day
Depending on the equipment
and scale required,
Actual cost x 1.15
,,-JMACTEC
STANDARD FEE SCHEDULE - FIELD SERVICES AND TESTINI
Description
J#ouble Ring Infiltrometer
Absorption Test - Drilled Core
Agg< 0.075MM (-200)
--------- - - ------ -
•
Part. Size Analy. Of soil
I "MI I
•
jAtterberg Limit
Ism
ATV -STD. Tires
Auger borings/soundings
:Bulk Spec. Gravity
:Chloride ton in Soils
•
Consolidation
$675M
Corrosion Clas-s-ificatio-n
- ---------- - ----
-
- ------ ---- ----
IMAM#]
100-150'
CPT 150-200'
iCPT 50-100,
'D50 Determination
Elect. Cond & resist of water
Milli
M_
Jill I wills
Extra SPT - Land 50-100'
t.Extra
_SPT -Water 50-100'
Extra SPT - Water 100-150,
S44 06 1
�Fjeld
Permeability
$425.00
:'Field
vane test
$300,00
Grain -size analysis
Grouting
Install Mon itor well T- 11
----- ------
Install
Peizonmeters
MACTEC Engineering and Consulting, Inc. I
Description
LA Abrasion
Ri
Liquid Limit of Soil
I.
Spec, Gravity
,lot F
rl
# # Cone Truck
Moisture Content
NOT Flagger
i
Mobilization
�r
III u�Supervisor
f
Ili W Analy. Ofsoil
a
M i Rental
Ir
iy. I
WAI
Eercoiation
#.
I
Perm, (falling head)
$400.00
fill
IOUL
,PH
of water
Plastic limit / index of soil
lQuant
extract. FMxt.
}
oil
am
M 4.re 100-150'411r
•
•
-
it IIIIIIII
r
i # .# # test - coarsei
tirj
i x
®
i
i * Land
• 0 LWater
i aw.. i #
Y
i
ULI) 5 �Iy
* 4I
P P Ili �Pj
U A
it # '
i # n content soiis
. i
By: 13-Jan-10
Jacqueline Hart, Manager Construction Services Date
NOTES:
1, These are MACTEC's Standard Fees whether per -formed by private or governmental clients unless otherwise
negotiated,
� 11 11 1 limmn=
IN Iiia � I•=!Tffigii
3IL
INSURED
INSU ER$ AFFORDING COVERAGE
MACTEC Engineering and Consulting, Inc. MACTEC, Inc.
5845 NW 158th Street
i
L Miami Lakes. FL 33014
GL0225862812
AUTOMOSKA LIARIUrry
X
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
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X NON-OWNEO AUTOS
GARAGE LtAswy
ANYAUTO
mMMLLA LfAstory
R CLAIMS MACE
to ii
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NT?ON
WORKERS COMPENSATION AND
EMPLOYERS' UASILITY WC225863012 (AOS)
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GFSCPNNnoN OF ORE-RAT-043 I tOCATTONIIJ VEJ44CLES / EXCLUSIONS ADDED By ENOORSemewt SPECIAL PROvISIONS
RE,PROP09MIAM T. 129 - Monroe County On Call Engineering Smices
Contract
Evidence of insurance
Monroe County
AITIT: Clark Briggs
1 ID0 Simonton St,, Room 216
Kay'WS4, Ft. 33040
ACORD 25 (2001/08) 1 Of 2
Be CANCELLED SEFORE T?IE "pIRAr*M
OATE THEREOF, THE ISSUINO INSURER Y414L ENDeAvok To NIAB, —.!— DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THe LEFT, BUT FAILUNIE To 00 So & LL
4A
*P0S9 NO OBLIGATION OR LIABIUTV OF ANY KIND UPON IUIE INSURER, ITS AGENTS OR
iEPRESENTA
POLICYNUMBER; 57CESOF1487 COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERSt LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
Ilis endorsement modifies insurgarro, , 1 -4 "1 A
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organzi atl*n(s): Location And Description Of COMOletad On
monroe county
Board of county commiss*
1100 Simonton Street ioners
Key West, FL 33040
Re: All Operations of the Named
Insured.
at the location designated and described in the
schedule of this end
INIUL-M=0 z
CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 page 1 Of I
UNIFORM