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12/19/2018 Agreement
•_" 4JS COURTQ�1I /dp•O°"`""FoyA11/ Kevin Madok, CPA ' a •�-' � Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: January 8, 2019 TO: Judith Clarke, PE, Director Engineering/Roads&Bridges ATTN: Olympia Newton Engineering Department/Stop 1 FROM: Pamela G. HancocD.C. SUBJECT: December 19th BOCC Meeting Enclosed are two duplicate originals of Item C2, Contract with American Empire Builders, Inc. for construction of the Pigeon Key Ramp Rehabilitation Project in the amount of $1,960,000.00,which is 100%funded through a Florida Department of Transportation Local Agency Program Agreement in the amount of$1,850,000.00 for construction; and, a Monroe County Tourist Development Council grant in the amount of$200,000.00, for your handling. Should you have any questions, please feel free to contact me at (305) 292-3550. Thank you. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 • Standard Form of Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the!q4 day of:DKleinber in the year of Two Thousand and Eighteen. BETWEEN the Owner: Monroe County Board of County Commissioners(`BOCC") 1100 Simonton Street Key West,Florida 33040 ("Owner") And the Contractor: American Empire Builders,Inc. 13775 SW 145th CT, Suite B ("Contractor") Miami,FL 33186 For the following Project: Pigeon Key Ramp Rehabilitation Project Pigeon Key Island,Mile Marker 44.5 Monroe County,Florida ("Project") Oversight for Owner WSP USA,Inc. 7650 Corporate Center Drive, Suite 300 Miami,Florida 33126 Engineer: Metric Engineering,Inc. 13940 SW 136 Street Miami,Florida 33186 The Owner and Contractor agree as set forth below. 1 ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract(General, Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, Attachments, other documents listed in this Agreement and Modifications issued after execution of this Agreement.These form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others,or as follows: Scope of Work is as specified in the Contract Documents and shown on the Drawings and in the specifications. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Pigeon Key Ramp Rehabilitation Project - ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below, or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350,milestone schedule.Unless the date of commencement is established by a notice to proceed issued by the Owner,the Contractor shall notify the Owner,in writing not less than five days before commencing the Work. The date of commencement shall be the date specified in the Notice to Proceed issued to the Contractor. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 270 Days after the Date of Commencement,subject to adjustments of the Contract Time as provided by the Contract Document. Balance of Page Intentionally Left Blank 2 LIQUIDATED DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Owner's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31st DAY& CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under 50,000.00 $50.00/DAY $100.00/DAY $250.00/DAY $50,000.00-$99,999.00 100.00/DAY 200.00/DAY 750.00/DAY $100,000.00-499,999.00 200.00/DAY 500.00/DAY 2,000.00/DAY $500,000.0 and Up 500.00/DAY 1,000.00/DAY 3,500.00/DAY The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Balance of Page Intentionally Left Blank 3 ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for the Pigeon Key Ramp Rehabilitation Project the Contract Sum of One Million Nine Hundred Sixty Thousand Dollars,($1,960,000.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: None 4.3 Unit prices,if any,are as follows: As specified in Section 00110. ARTICLE 5 Progress Payments • 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner,and upon Project Applications and Certificates for Payment, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule,unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent (10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase,if any,with respect to that change. 4 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of Ten percent(10%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts,if any,for which the Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add,upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent(90%) of the Contract Sum, less such amounts as the Owner recommends and determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage,if any, shall be as follows: None ARTICLE 6 Final Payment Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when(1)the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate for Payment has been issued by the Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735 7.3 Temporary facilities and services: None. 5 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 Public Entities Crimes By signing this Agreement,Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act(Section 287.133,Florida Statutes).Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes,as a"public entity crime"and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a"public entity crime"or has been placed on the convicted vendor list.A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity,may not be awarded or perform work as contractor, supplier,subcontractor,or consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are part of this contract: a) Maintenance of Records: CONTRACTOR shall maintain all books,records,and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied.Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR§200.333,whichever is greater. The period of retention is 5 years from fmal payment for FHWA projects. Each party to this Agreement or its 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 COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement,or were wrongfully retained by the CONTRACTOR,the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes,running from the date the monies were paid by the COUNTY. Right to Audit-Availability of Records. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records(hard copy,as well as computer readable data if it can be made available;subcontract files(including proposals of successful and unsuccessful bidders,bid recaps,bidding instructions,bidders list,etc);original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to 6 substantiate charges related to this agreement,and all other agreements,sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters,rights,duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers,and contractors' representatives.All records shall be kept for seven (7)years after Final Completion. b) Governing Law,Venue,Interpretation,Costs,and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County,Florida.This Agreement shall not be subject to arbitration. c)Severability: If any term,covenant,condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby;and each remaining term,covenant,condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs,as an award against the non-prevailing party,and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. e)Binding Effect: The terms, covenants,conditions,and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives,successors, and assigns. f) Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action,as required by law. g)Claims for Federal or State Aid: 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. Any conditions imposed as a result of funding that effect the Project will be provided to each party. h) Nondiscrimination/Equal Employment Opportunity: CONTRACTOR and its subcontractors 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. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964(PL 88-352)which prohibits discrimination on the basis of race,color or national origin;2)Title IX of the Education Amendment of 1972,as amended (20 USC ss. 1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex;3)Section 504 of the Rehabilitation Act of 1973,as amended(20 USC s.794),which prohibits discrimination on the basis of handicaps;4)The Age Discrimination Act of 1975,as amended(42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism;7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient 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. 12101 Note),as may be amended from time to time,relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of,this Agreement. During the performance of this Agreement,the CONTRACTOR,in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity,and implementing regulations at 41 C.F.R.Part 60(Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R.Part 200, Appendix II,¶C,agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,sexual orientation,gender identity,or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has 8 inquired about,discussed,or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation,proceeding,hearing,or action,including an investigation conducted by the employer,or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding,a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,regulations,and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by the rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. 7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. i) Covenant of No Interest: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. j)Code of Ethics: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency;unauthorized compensation;misuse of public position,conflicting employment or contractual relationship;and disclosure or use of certain information. 9 k)No Solicitation/Payment: The County and Contractor warrant that,in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation,individual, or firm, other than a bona fide employee working solely for it,any fee, commission,percentage,gift,or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision,the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed,or otherwise recover,the full amount of such fee,commission,percentage,gift,or consideration. 1) Public Records Compliance: Contractor must comply with Florida public records laws,including but not limited to Chapter 119,Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents,records, papers, letters or other"public record"materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding.This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract,the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract,transfer,at no cost,to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the County,upon request from the County's custodian of records,in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County,but if the County does not possess the requested records,the County shall immediately notify the Contractor of the request,and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records,the County shall enforce the public records contract provisions in accordance with the contract,notwithstanding the County's option 10 and right to unilaterally cancel this contract upon violation of this provision by the Contractor.A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may subject to penalties under section119.10,Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN(a,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TB Street, SUITE 408,KEY WEST,FL 33040. m) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,nor shall any contract entered into by the County be required to contain any provision for waiver. n) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. o) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,nor shall it be construed as,relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity,in which case the performance may be offered in satisfaction of the obligation or responsibility. Further,this Agreement is not intended to,nor shall it be construed as,authorizing the delegation of the constitutional or statutory duties of the County,except to the extent permitted by the Florida constitution,state statute,and case law. p) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms,or any of them,of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel,or otherwise indicate that any particular individual or group of individuals,entity or entities,have entitlements or benefits under this Agreement separate and apart,inferior to,or superior to the community in general or for the purposes contemplated in this Agreement. q) Attestations: Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. 11 r)No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member,officer,agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. s) Execution in Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. t) Section Headings: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. u) Special Conditions,if any are detailed in Section 01000 of the Project Manual for this Project. v) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees, and FDOT harmless from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death),loss, damage,fine,penalty or business interruption,and(iii)costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action,litigation,proceedings,costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project(including the work of others)is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars($10.00)of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to,reduced,or lessened by the insurance requirements contained elsewhere within General Insurance Requirements Section 900. In the event any claims are brought or actions are filed against the County with respect to the indemnity contained herein, the Contractor agrees to defend against any such claims or actions regardless of whether such claims or actions are rightfully or wrongfully brought or filed. The Contractor agrees that the County may select the attorneys to appear and defend such claims or actions on behalf of the County. The Contractor further agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by those attorneys selected by the County to appear and defend such actions or claims on behalf of the County at both the trial and appellate levels.The County at its sole option, shall have the sole authority for the direction of the defense,and shall be the sole 12 judge of the acceptability of any compromise or settlement of any claims or actions against the County. FDOT INDEMNIFICATION To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Agency,the State of Florida,Department of Transportation,and its officers and employees,from liabilities,damages, losses and costs, including,but not limited to,reasonable attorney's fees,to the extent caused by the negligence,recklessness or intentional wrongful misconduct of the CONSULANT and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract.Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the(COUNTY)Agency's sovereign immunity." w) Adjudication of Disputes or Disagreements: 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 the issue or issues are still not resolved to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law.This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. x)Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking,maintenance, repair, or service, the County shall have the right to terminate this agreement after five(5)calendar days' written notification to the Contractor. y) Cooperation: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. z) Insurance: Prior to commencement of work the Contractor will provide satisfactory evidence of insurance as required in Specification Section 00900 General Insurance Requirements for Construction Contractors and Subcontractors. The Contractor shall name the Monroe County Board of County Commissioners,its employees and officials and the FDOT as"Additional Insured" on all policies except for Worker's Compensation. 7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. 7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary.This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence,each party hereto binds itself,its successors,assigns and legal representatives to the other and to the successors,assigns and legal representatives of such other party. 13 7.9 No third Party Beneficiaries:Nothing contained herein shall create any relationship,contractual or otherwise,with or any rights in favor of,any third party. 7.10 Uncontrollable Circumstance:Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or,if it could have been foreseen, was unavoidable: (a) acts of God; (b)flood,fire, earthquake,explosion,tropical storm,hurricane or other declared emergency in the geographic area of the Project; (c)war,invasion,hostilities(whether war is declared or not),terrorist threats or acts,riot,or other civil unrest in the geographic area of the Project; (d)government order or law in the geographic area of the Project; (e) actions,embargoes,or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each,a"Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section.Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance,and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement.The County will not pay additional cost as a result of an Uncontrollable Circumstance.The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. 7.11 The Contractor will provide copies of subcontractor agreements prior to execution to ensure that the FDOT LAP contract provisions are included in these subcontractor agreements. 7.12 FLORIDA DEPARTMENT OF TRANSPORTATION REQUIREMENTS The following forms and provisions are incorporated herein and made a part of this contract LOCAL AGENCY PROGRAM (LAP)REQUIREMENT(including Attachment A: Appendices A and E) 7.13 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated herein and made part of this contract as Attachment B: FHWA 1273. 7.14 The CONTRACTOR and its subcontractors must follow the provisions as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200,as amended including but not limited to: i. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended(33 U.S.C. §§1251-1387) and will reports violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). ii.Davis-Bacon Act:as amended(40 U.S.C. §§3141-3148).When required by Federal program legislation, which includes emergency Management Preparedness Grant Program,Homeland Security Grant Program, Nonprofit Security Grant Program,Tribal Homeland Security Grant Program,Port Security Grant Program and Transit Security Grant Program,all prime construction contracts in excess of$2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations(29 CFR Part 5,"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be 14 required to pay wages not less than once a week. The current prevailing wage determination issued by the Department of Labor is included and attached as Attachment C. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The COUNTY must report all suspected or reported violations to the Federal awarding agency.When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program,Nonprofit Security Grant Program,Tribal Homeland Security Grant Program,Port Security Grant Program and Transit Security Grant Program(it does not apply to other FEMA grant and cooperative agreement programs,including the Public Assistance Program),the contractors must also comply with the Copeland"Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").As required by the Act,each contractor or subrecipient is prohibited from inducing,by any means,any person employed in the construction,completion,or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R.pt. 3 as may be applicable,which are incorporated by reference into this contract. (2) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require,and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. iii. Contract Work Hours and Safety Standards Act: (40 U.S.C. 3701-3708). Where applicable,which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act,each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. iv.Rights to Inventions: Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 15 v. Clean Air Act: (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act: (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). vi. Debarment and Suspension: (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220)must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189)and 12689(3 CFR part 1989 Comp.,p. 235),"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. vii. Byrd Anti-Lobbying Amendment: (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding$100,000 must file the required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. viii. Compliance with Procurement of recovered materials: As set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency(EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded$10,000;procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. ix. Americans with Disabilities Act of 1990 (ADA): The CONTRACTOR will comply with all the requirements as imposed by the ADA,the regulations of the Federal government issued thereunder,and the assurance by the CONTRACTOR pursuant thereto. x. Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts fmanced in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts.The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race,color,national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 16 xi.The Contractor shall utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. ARTICLE 8 Termination or Suspension 8.1 In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five(5)calendar days' written notification to the CONTRACTOR. 8.2 Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty (30)days written notice of its intention to do so. 8.3 Termination for Cause and Remedies: In the event of breach of any contract terms,the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five(5)calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR,COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract;however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition,the COUNTY reserves all rights available to recoup monies paid under this Agreement,including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance,located at Section 2-721 et al. of the Monroe County Code. 8.4 Termination for Convenience: The COUNTY may terminate this Agreement for convenience,at any time,upon thirty(30) days' notice to CONTRACTOR. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination,unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance,located at Section 2-721 et al.of the Monroe County Code. 17 8.5 For Contracts of any amount,if the County determines that the Contractor/Consultant has submitted a false certification (Attachment D) under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List,or is engaged in a boycott of Israel,the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4),Florida Statutes,are met. For Contracts of$1,000,000 or more,if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4),Florida Statutes,are met. Article 9 Enumeration of Contract Documents 9.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: See Article 1 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated August 2018 and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3,and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows,and are dated on each individual drawing unless a different date is shown below: Metric Engineering Signed and Sealed August 13,2018 Sheets B1-1 thru B1-38 9.1.6 The Addenda,if any,are as follows: Addendum 1 dated September 7,2018,Addendum 2 dated September 14,2018,Addendum 3 dated September 21,2018,Addendum 4 dated October 12,2018 and Addendum 5 dated October 19,2018. 18 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents,if any,forming part of the contract Documents are as follows:Monroe County Bid Form in Section 00110, See Article 1; IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in three(3) counterparts,each of which shall,without proof or accounting for the other -,ate cot�nterparts;:. bg,,,deemed an original contract. A Yi J b;J/r �s\ :� t'/PJS 161,1','. ,::.:, \\-:\'‘„, ) j • \(SEAL);, %..f BOARD OF COUNTY COMMISSIONERS Attest >KEVIl�TMADOK, Clerk OF MONROE COUNTY,FLORIDA By: C7 By / - 1 Deputy Cler Mayor�ylvia J. Murphy ig, m I((�� rn'`7 .z.i Date W�t�vwe A III 1°I g `�—�., . w c (SEAL) _ ; American Empire Builder. I Inc _ C -.4 `v _Co Attest:= ' By: -- 'v ,-Gy By: Title: et1f Title: 1'IeSICeti[4 END OF SECTION 00500 DtiteMONROE COUNTY�AAT TORNEY ronslyLFM\mo 6 CHRISTINE LIMBERT-BARROWS ASSISTANT A RNEY DATE: r�TY 19 ATTACHMENT A FDOT/FHWA APPENDICES A AND E • 20 APPENDICES A and E Revised 01/2015 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the"Contractor")agrees as follows: (1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this Agreement. (2.)Nondiscrimination: The Contractor,with regard to the work performed during the contract, shall not discriminate on the basis of race, color,national origin, sex,age,disability,religion or family status in the selection and retention of subcontractors,including procurements of materials and leases of equipment.The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor,either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color,national origin, sex, age,disability,religion or family status. (4.) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations,orders and instructions.Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate,and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract,the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate,including,but not limited to: a.withholding of payments to the Contractor under the contract until the Contractor complies,and/or b. cancellation,termination or suspension of the contract,in whole or in part. (6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations,or directives issued pursuant thereto.The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway 21 Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance.In the event a Contractor becomes involved in,or is threatened with,litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida. Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation,and,in addition,the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;The Age Discrimination Act of 1975,as amended,(42 U.S.C.§6101 et seq.),(prohibits discrimination on the basis of age);Airport and Airway Improvement Act of 1982,(49 USC§471, Section 47123),as amended,(prohibits discrimination based on race,creed,color,national origin,or sex);The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C. §§ 12131 - - 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race,color,national origin,and sex);Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance,national origin discrimination includes discrimination because of limited English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). 22 ATTACHMENT B FHWA 1273-FEDERAL AID CONSTRUCTION CONTRACTS 23 FHWA-1273—Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these II. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract ViI. Safety:Accident Prevention 4.Selection of Labor:During the performance of this contract, VI I. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Govemmentwide Suspension and parole,supervised release,or probation.The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as Xl. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS II. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL In addition.the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor,lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627.The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services).The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity:Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2.Subject to the applicability criteria noted in the following under laws,executive orders.rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C.140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under 1 24 this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C.12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer,recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination.shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be 'wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractors EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractors EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 2 25 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C.140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10.Assurance Required by 49 CFR 26.13(b): 7.Unions:If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DDT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment, contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of disability, three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency, to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants I the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor 3 26 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate M.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide local roads or rural minor collectors,which are exempt. fringe benefits,bears a reasonable relationship to the Contracting agencies may elect to apply these requirements to other projects. wage rates contained in the wage determination. The following provisions are from the US.Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30 day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative, dvi issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or 4 27 will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the 1_b.(3)of this section,shall be paid to all workers performing benests anticipated oo the actual cost apprentices incurred in providinganes undersndh work in the classification under this contract from the first benefits.Contractors employing or trainees day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona tide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof, the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d.If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at httpJ/www.dol.gov/esa/whd/forms/wh347instr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the Statement of Compliance,'signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following: helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3Xi)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each helper,apprentice,and trainee)employed on the contract maintained by the contractor during the course of the work and during the payroll period has been paid the full weekly preserved for a period of three years thereafter for all laborers andwages earned,without rebate,either directly or indirectly, mechanics working at the site of the work.Such records shall contain the name,address,and social security number of and that fromo the efdeductiull ahgese been madeoth either directly or each such worker,his or her correct classification,hourly rates indirectly permissible that o s wages earned, Regulations,egr than of wages paid(including rates of contributions or costs deductions as set forth in 29 CFR anticipated for bona fide fringe benefits or cash equivalents part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1 Xiv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- 5 28 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the 'Statement of Compliance'required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification.If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees tojoumeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor,Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any udft classification shall not be greater than the ratio be approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. Iapprentice wage rate,who is not registered or otherwise excessaddition,t any traineerperforming work gin the jobd site a employed as stated above,shall be paid not less than the llbe paidf the ratioless than under the registered program applicable wage rate on the wage determination for the shall not than the applicable wage rate on the wage determination for the work actually performed. classification of work actually performed.In addition,any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly 6 29 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek. with all the contract clauses in 29 CFR 5.5. 2.Violation;liability for unpaid wages;liquidated 7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. unpaid wages.In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each 9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or out of the labor standards provisions of this contract shall not hours withoutted to work excess theo the standard s eweek of fortye be subject to the general disputes clause of this contract.Such hourssetforth payment iparagraph of overtime wages required by the disputes shall be resolved in accordance with the procedures clause set in (1.)of this section. of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any g ty' other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b.No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.) through(4.)of this section and also a clause requiring the c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier U.S.Crimina for 8 U.S.O.sta10tements subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. 7 30 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T his p r o v i s i o n is applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to histher employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T his p r o v i s i o n is applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1022 shall be posted on each 4.No portion of the contract shall be sublet.assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract.Written consent will be given only after the 18 U.S.C.1020 reads as follows: contracting agency has assured that each subcontract is 8 31 • "Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction.If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1,1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "suspended,""ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). 'Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(httos:/Mnwv.epls.gov/),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this 9 32 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred," person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,'as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.00v/),which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph e of was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the 10 33 department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Participants: 1.The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification.such prospective participant shall attach an explanation to this proposal. XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying;"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C.1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. 11 34 ATTACHMENT C Davis Bacon Wage Rates 35 General Decision Number: FL180190 03/16/2018 FL190 Superseded General Decision Number: FL20170190 State: Florida Construction Type: Highway County: Monroe County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of$10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued)on or after January 1,2015. If this contract is covered by the EO,the contractor must pay all workers in any classification listed on this wage determination at least$10.35 per hour(or the applicable wage rate listed on this wage determination,if it is higher)for all hours spent performing on the contract in calendar year 2018.The EO minimum wage rate will be adjusted annually.Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself,but it does not apply to contracts subject only to the Davis-Bacon Related Acts,including those set forth at 29 CFR 5.1(a)(2)-(60).Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 1 02/23/2018 2 03/16/2018 *ELEC0349-002 03/05/2018 Rates Fringes ELECTRICIAN $ 33.11 12.31 SUFL2013-008 08/19/2013 Rates Fringes CARPENTER, Includes Form Work.... $ 11.95 1.44 CEMENT MASON/CONCRETE FINISHER... $ 13.65 0.00 HIGHWAY/PARKING LOT STRIPING: Operator(Striping Machine) $ 12.70 0.00 HIGHWAY/PARKING LOT STRIPING: Operator(Spray Nozzleman) $ 13.08 0.00 36 INSTALLER- GUARDRAIL $ 14.44 0.00 IRONWORKER, REINFORCING $ 13.85 0.00 LABORER(Traffic Control Specialist) $ 12.17 1.71 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor $ 13.60 0.00 LABORER: Common or General $ 11.96 2.90 LABORER: Flagger $ 9.87 0.00 LABORER: Grade Checker $ 11.45 0.00 LABORER: Landscape & Irrigation $ 11.16 0.00 LABORER: Pipelayer $ 12.68 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 17.20 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 11.60 0.00 OPERATOR: Broom/Sweeper $ 10.89 0.00 OPERATOR: Bulldozer $ 13.90 0.00 OPERATOR: Crane $ 17.83 0.00 OPERATOR: Forklift $ 11.03 0.00 OPERATOR: Grader/Blade $ 16.08 0.00 OPERATOR: Loader $ 16.59 0.00 OPERATOR: Mechanic $ 13.55 0.00 OPERATOR: Milling Machine $ 13.23 0.00 OPERATOR: Oiler $ 12.61 0.00 OPERATOR: Paver (Asphalt, 37 Aggregate, and Concrete) $ 18.17 0.00 OPERATOR: Roller $ 13.28 2.39 OPERATOR: Screed $ 15.79 0.00 OPERATOR: Trencher $ 16.00 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation $ 19.03 0.00 TRUCK DRIVER: Dump Truck $ 12.66 0.00 TRUCK DRIVER: Lowboy Truck $ 14.94 0.00 TRUCK DRIVER: Water Truck $ 13.05 0.00 WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded(and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO,the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work,up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs,including preventive care;to assist a family member(or person who is like family to the employee) who is ill,injured,or has other health-related needs,including preventive care; or for reasons resulting from,or to assist a family member(or person who is like family to the employee)who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of"identifiers"that indicate whether the particular rate is a union rate(current union negotiated rate for local),a survey rate(weighted average rate)or a union average rate(weighted union average rate). Union Rate Identifiers 38 A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than"SU" or"UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number,005 in the example,is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate,which in this example is July 1,2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA)governing this classification and rate. Survey Rate Identifiers Classifications listed under the"SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s)listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014.UAVG indicates that the rate is a weighted union average rate.OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year,usually in January of each year,to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.)Has there been an initial decision in the matter?This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance(additional classification and rate)ruling On survey related matters,initial contact,including requests for summaries of surveys,should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program.If the response from this initial contact is not satisfactory,then the process described in 2.)and 3.) should be followed. 39 With regard to any other matter not yet ripe for the formal process described here,initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S.Department of Labor 200 Constitution Avenue,N.W. Washington,DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).Write to: Wage and Hour Administrator U.S.Department of Labor 200 Constitution Avenue,N.W. Washington,DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested•party may appeal directly to the Administrative Review Board(formerly the Wage Appeals Board). Write to: Administrative Review Board U.S.Department of Labor 200 Constitution Avenue,N.W. Washington,DC 20210 4.)All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 40 ATTACHMENT D EXECUTED FORMS 41 Pigeon Key Ramp Rehabilitation Proiect DRUG-FREE WORKPLACE FORM The undersigned Contractor in accordance with Fl.Statute 287.087 hereby certifies that: AMERICAN EMPIRE BUILDERS. INC. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,and the penalties that maybe imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1),notify the employees that,as a condition of working on the commodities or contractual services that are under bid, the employees will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As a person authorized to sign the statement,I certify that this firm comp ' s fully wi he above requirements. idder's Signa e 10/24/18 Date 5/4/18 BID PROPOSAL 00110-7 42 Pigeon Key Ramp Rehabilitation Proiect PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit.a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither AMERICAN EMPIRE BUILDERS,INC. (Proposer's name) nor Aff ' 't . b r en placed on convicted vendor list within the last 36 months. #0,4,41, 10/24/18 ignature) (Date) STATE OF: f OY COUNTY OF: Wain b Subscribed and sworn to(or affirmed)before me on the 4..5 day of ativiaf ,20 / ,by Aertki e t", • (97.14/02- (name of affiant). He/She is personally known to m eor has produced (type of identification)as identification. My Commission Expires: /lJ '�],: Minig°911 NOTARY P :LIC �'st ° Notary Poke State of Florida Liltam Batista Rojas EaCo / aG 14e772 a en6zo 5/4/18 BID PROPOSAL 00110-8 43 Pigeon Key Ramp Rehabilitation Project STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375O30-32 CERTIFICATION REGARDING DEBARMENT,SUSPENSION, PROCUREMENT INELIGIBILITY AND VOLUNTARY EXCLUSION- 1f s LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) It Is certified that neither the below identified firm nor i ncipals a • • . ently suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation' is trans-• • any federal department or agency. Name of Consultant/Contractor: AI ME-A.,." Ai a.:,_ . IA• ► INC. By: ANTONIO M. GONZALEZ , , / - '�/ Date:10/24118 -- Title: PRE BENT Instructions for Certification Instructions for Certification-Lower Tier Participants: (Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost$25,00D or more-2 CFR Parts 180 and 1200) a.By signing and submitting this proposal,the prospective lower tier is providing the certification set out below. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into.If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department,or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. c.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted If at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d.The terms"covered transaction,""debarred,""suspended,""ineligible,""participant,""person,""principal,"and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200.You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations."First Tier Covered Transactions"refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract).`Lower Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds(such as the prime or general contractor)."Lower Tier Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). e.The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended. declared ineligible,or voluntarily excluded from participation In this covered transaction,unless authorized by the department or agency with which this transaction originated. f.The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each participant may,but is not required to,check the Excluded Parties List System website (https://www.epls.gov/),which is compiled by the General Services Administration. h.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i.Except for transactions authorized under paragraph a of these Instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. 5/4/18 BID PROPOSAL 00110- 11 44 Pigeon Key Ramp Rehabilitation Project • atsowaa PROCUREMENT ENT 1021 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL-AID CONTRACTS (Compliance with 49CFR,Section 20.100(b)) The prospective participant certifies,by signing this certification,that to the best of his or her knowledge and belief: (1) No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency,a Member of Congress,an officer of employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan, the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any federal contract,grant,loan,or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this federal contract,grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities",in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Consultant: AMERICAN EMPIRE BUILDERS, INC. By:ANTONi0 M.GONZALE4jate: 10/24/18 Authorized Signatur Title: PRESIDENT 5/4/18 BID PROPOSAL 001.10-12 45 Pigeon Key Ramp Rehabilitation Project STATE OFFIDROA OEPAR2MwT OFTRAM PORTATION 315413040 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROC REFIEN' ()GC-03)17 FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS I certify that I have no present conflict of interest,that I have no knowledge of any conflict of interest that my firm may have,and that I will recuse myself from any capacity of decision making,approval,disapproval,or recommendation on any contract if I have a conflict of interest or a potential conflict of interest. Consultants/Contractors are expected to safeguard their ability to make objective,fair,and impartial decisions when performing work for the Department,and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs,or to reward a past decision.Consultants performing work for the Department should avoid any conduct(whether in the context of business,financial,or social relationships) which might undermine the public trust,whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation("Department")related to the procurement of the above-referenced("Project")that I gain access to as a result of my involvement with the Project("Procurement Information").I understand that Procurement Information includes,but is not limited to,documents prepared by or for the Department related to procurement of the Project.I also understand that Procurement Information includes,but is not limited to,documents submitted to the Department by entities seeking an award of the Project("Proposers").I understand that Procurement Information may include documents submitted by Proposers related to letters of responseiletters of interest,technical proposals,price proposals, financial proposals,and information shared during exempt meetings.I also understand that Procurement information may also include documents that evaluate or review documents submitted by Proposers,and information regarding Project cost estimates.I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General,I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department(Project Personnel").I understand that a list of Project Personnel will be maintained by Department, If I am contacted by any member of the public or the media with a request for Procurement Information,I will promptly forward such request to the Department's Procurement Office,I will also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value from any firm under consideration for an agreement associated with the Project,and I recognize that doing so may be contrary to statutes,ordinances,and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering,pursuant to Section 838.22,Florida Statutes. I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize that violation of the above mentioned statute would be punishable in accordance with Section 838.22,Florida Statutes.. Advertisement No.! Description Financial Project Number(s) Solicitation No NON APPLICABLE PIGEON KEY RAMP REHABILITATION PROJECT 436566-158-01 Each undersigned individual agrees to the to of this Con£' nterestlConfldentiality Certification. Printed Names Sig Date ANTONIO M GON7AI F7 11 04/18 5/4/18 BID PROPOSAL 00110- 13 46 Pigeon Key Ramp Rehabilitation Project • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 37Sn¢rt 34 DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT ante Is this form applicable to your firm? YES❑ NO n If no,then please complete section 4 below for`Prime" 1.Type of Federal Action: 2.Status of Federal Action: 3.Report Type: a_contract a.bid/offer/application a.initial filing b.grant b.initial award b.material change c.cooperative agreement c.post-award For Material Change Only: d.loan Year: Quarter: e.loan guarantee Date of last report f.loan insurance (mmiddlyyyy) 4.Name and Address of Reporting Entity: 5.If Reporting Entity in No.4 is a Subawardee,Enter Name and ] Prime ❑ Subawardee Address of Prime: Tier ,if known: AMERICAN EMPIRE BUIDERS,INC. 13775 SW 145TH CT.SUITE B MIAMI.FL 331R6 Congressional District,if known:4c Congressional District,if known: 6.Federal Department/Agency: 7.Federal Program Name/Description: CFDA Number,if applicable: 8.Federal Action Number,if known: 9.Award Amount,if known: 10.a.Name and Address of Lobbying Registrant b.Individuals Performing Services(including address if (if individual,last name,first name.M/): different from No. 10a) (last name,first name,MI): 11.Information requested through this form is authorized by title 31 U.S.C.section 1352.This disclosure of lobbying activities is a Signature: material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered Print me: ANTONIO M GON7ALF7 into.This disclosure is required pursuant to 31 U.S.C.1352. This information will be available for public inspection.Any person who fails to file the required disclosure shall be subject Title: PRESIDENT to a civil penalty of not less than$10,000 and not more than 5100,000 for each such failure. Telephone No.:305-345-5484 Date(mm/dd/yyyy): 10/24/2018 Federal Use Only: Authorized for Local Reproduction Standard Form LLL(Rev.7-97) 5/4/18 BID PROPOSAL 00110- 14 47 Pigeon Kev Ramp Rehabilitation Project 375430.34 PROCUREMENT 04114 Page 2 of 2 INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action.Complete all items that apply for both the initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report.If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the fullname,address,city,State and zip code of the reporting entity.Include Congressional District,if known.Check the appropriate classification of the reporting entity that designates if it is,or expects to be,a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address,city,State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name,if known.For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1).If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1(e.g., Request for Proposal(RFP)number;Invitation for Bid(IFB)number;grant announcement number,the contract, grant,or loan award number;the application/proposal control number assigned by the Federal agency).Include prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a). Enter Last Name,First Name,and Middle Initial(MI). 11. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended,no persons ere required to respond to a collection of information unless it displays a valid OMB Control Number.The valid OMB control number for this information collection is OMB No.0348-0046.Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions,searching existing data sources. gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348.0046).Washington,DC 20503. 5/4/18 BID PROPOSAL 00110- 15 48 Pigeon Key Ramp Rehabilitation Project STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 5:5-010.45 LAP CERTIFICATION OF CURRENT CAPACITY PROGRAM MANAGEMENT 12/99 CONFIDENTIAL P as Fill in your FDOT Vendor Number For bids to be received on 1 fl/9511 R (Letting Date) VF F 7 5 2 9 9 3 1 5 2 0 0 2 (Only applicable to FDOT pre-qualified contractors) CERTIFICATE I hereby certify that the amount of any proposal submitted by this bidder for the above letting does not exceed the amount of the Firm's CURRENT CAPACITY(maximum capacity rating less total uncompleted work). The total uncompleted work as shown on the"Status of Contracts on Hand"report(page 2) $ 3,104,059.73 1 further certify that the"Status of Contracts on Hand"report(page 2)was prepared as follows: 1. If the letting is before the 25th day of the month,the certificate and report reflect the uncompleted work as of the 156 day of the month,last preceding the month of the letting. 2. If the letting is after the 25th day of the month,the certificate and report reflects the uncompleted work in progress as of the 15th day of the month of the letting. 3. All new contracts(and subcontracts)awarded earlier than five days before the letting date are included in the report and charged against our total rating. AMERICAN EMPIREB111CLERS� I certify that the information above is correct. NAME OF FIRM Sworn to and subscribed this 24THday By: of OCTOBER .2018 PRESIDENT Tit! 5/4/18 BID PROPOSAL 00110- 16 49 Pigeon Key Ramp Rehabilitation Project STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-080.13 NON-COLLUSION DECLARATION AND RIGITT OF WAY 05/0I COMPLIANCE WITH 49 CFR§29 Pagel of ITEM/SEGMENT NO.: F.A.P.NO.: 436566-1-58-01 MANAGING DISTRICT: MONROE COUNTY PARCEL NO.: 1404 AAA;ea.b t COUNTY OF: MONROE BID LETTING OF: OCTORF,R 2ri.p018 I, ANTONIO M.GONZALEZ hereby declare that I am (NAME) PRESIDENT of AMERICAN EMPIRE BUILDERS. INC. (TITLE) (FIRM) of MIAMI. FLORIDA (CITY AND STATE) and that I am the person responsible within my firm for the final decision as to the price(s)and amount of this Bid on this State Project. I further declare that: 1. The prices(s)and amount of this bid have been arrived at independently,without consultation, communication or agreement,for the purpose of restricting competition with any other contractor,bidder or potential bidder. 2. Neither the price(s)nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential bidder on this project,and will not be so disclosed prior to the bid opening. 3. No attempt has been made or will be made to solicit,cause or induce any other firm or person to refrain from bidding on this project,or to submit a bid higher than the bid of this firm,or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with,or inducement from,any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any•firm or person,or offered,promised or paid cash or anything of value to any firm or person,whether in connection with this or any other project,in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person,and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project,in consideration for my firm's submitting a complementary bid,or agreeing to do so,on this project. 7. I have made a diligent inquiry of all members,officers,employees,and agents of my firm with responsibilities relating to the preparation,approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication,consultation,discussion,agreement,collusion,act or other conduct inconsistent with any of the statements and representations made in this Declaration. 8. As required by Section 337.165,Florida Statutes,the firm has fully informed the Department of Transportation in writing of all convictions of the firm,its affiliates(as defined in Section 337.165(I)(a),Florida Statutes), and all directors,officers,and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract or for violation of any state or federal law involving fraud,bribery,collusion,conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees of the firm or affiliates who were convicted of contract crimes while in the employ of another company. 5/4/18 BID PROPOSAL 00110- 18 50 Pigeon Key Ramp Rehabilitation Project s7s0a13 RIGHT OF WAY 05101 Page 2of3 9. I certify that,except as noted below,neither my firm nor any person associated therewith in the capacity of owner,partner,director,officer,principal,investigator,project director,manager,auditor,and/or position involving the administration of Federal funds: (a) is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions,as defined in 49 CFR§29.110(a),by any Federal department or agency; (b) has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against him or her for: commission of fraud or a criminal offense in connection with obtaining. attempting to obtain,or performing a Federal,State or local government transaction or public contract; violation of Federal or State antitrust statutes;or commission of embezzlement,theft,forgery,bribery, falsification or destruction of records,making false statements or receiving stolen property; (c) is presently indicted for or otherwise criminally or civilly charged by a Federal,State or local governmental entity with commission of any of the offenses enumerated in paragraph 9(b)of this certification;and (d) has within a three-year period preceding this certification had one or more Federal,State or local government public transactions terminated for cause or default. 10. I(We),certify that l(We),shall not knowingly enter into any transaction with any subcontractor,material supplier,or vendor who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this contract by any Federal Agency unless authorized by the Department. Where I am unable to declare or certify as to any of the statements contained in the above stated paragraphs numbered(1)through(10),I have provided an explanation in the"Exceptions"portion below or by attached separate sheet. EXCEPTIONS: NONE (Any exception listed above will not necessarily result in denial of award,but will be considered in determining bidder responsibility. For any exception noted,indicate to whom it applies,initiating agency and dates of agency action. Providing false information may result in criminal prosecution and/or administrative sanctions.) I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR:/ (Seal)1� 1/411 BY: AN • 10 �+ e•N � 'EZ WITNESS: !teaVIAMAIIL gr; ND ilr,1 /AleAITLE PRIN ��y �r �'itt`pgnrr+rrrropo� BY: D ll� WITNESS: , j;, �� , ,Flee �a� SIGNAT,-E (0'. �OW O :4 - this 24TH day of OCTOBER 2018 pg tit . ' t :® FAILURE TO FULLY COMPLETE AND EXECUTE THIS DOCUMENT E'• 20 MAY RESULT IN THE,BID BEING DECLARED NONRESPONSIVE 41.'. oaa®e'Btfrrlrrrrlr lll{/1'®�e��®®` 5/4/18 BID PROPOSAL 00110-19 51 Pigeon Kev Ramo Rehabilitation Protect 575U60.13 RIGHT OF WAY 05:01 Pogo 3 or 3 REQUIRED CONTRACT PROVISIONS This certification applies to subcontractors,material suppliers,vendors and other lower tier participants. -Appendix B of 49 CFR Part 29— Appendix B—Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions Instructions for Certification 1. By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms"covered transaction,""debarred, "suspended,""ineligible,""lower tier covered transaction," "participant,""person,""primary covered transaction,""principal,""proposal,"and"voluntarily excluded,"as used in this clause,have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,"without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,but is not required to,check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions (1) The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntary excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 5/4/18 BID PROPOSAL 00110-20 52 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project:_Description(s): PIGFQN KFY RAMP RFHARII ITATION PRO.IFCT Respondent Vendor Name: AMERICAN EMPIRE BUILDERS, INC. Vendor FEIN: 75-2993152 Vendor's Authorized Representative Name and Title: ANTONIO M. GONZALEZ/PRESIDENT Address: 13775 SW 145TH CT. SUITE B City:MAUI. State: FLORIDA Zip: 331RA Phone Number::;305-261-977F Email Address:4gpnzaiez@srnpricanempirphitilrlerc.com Section 287.135, Florida Statutes prohibits:a company from bidding on, submitting a proposal for, or entering into or renewing a contract for:goods or services of any amount if, at the time of contracting or renewal,the company is on the.Scrutinized Companies that Boycott Israel List,created pursuant to,Section 215.4725,Florida Statutes,or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding submitting a proposal for,or entering into or renewmg a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,orris engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject company to civil penalties,,attorney's fees,and/or costs:I further understand that any contract with the County may be terminated,at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that.Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business'operations in Cuba or Syria. Certified By: AMERICAN EffeIR , UI Vfi ,INC. who is authorized to sign on behalf of the abov efere ed co any: Authorized Signature:. ,� G (/ . i� �'/ Print Name: . ANTONIO M. GONZALEZ Title: PRFS1f7FNT Note:The List are available at the following Department of Management Services Site: http://www.dms.mvflorida.comtbusiness operatiionslstate purchasing/vendor information/convicted:sus pended discriminatory complaints vendor lists 53 3. NIELSON, HOOVER &. ASSOCIATES PUBLIC WORKS BOND IN COMPLIANCE WITH FLORIDA STATUTES 255.05(1)(A) BOND No.: 100416100 CONTRACTOR: AMERICAN EMPIRE BUILDERS, INC. ADDRESS: 13775 S.W. 145T" COURT, SUITE B MIAMI, FL 33186 PHONE No.: (305) 261-9276 SURETY COMPANY: UNITED STATES SURETY COMPANY ADDRESS: 20 WEST AYLESBURY ROAD TIMONIUM, MD 21093 PHONE No.: (410)453-9522 OWNER NAME: MONROE COUNTY BOARD OF COUNTY COMISSIONERS OWNER ADDRESS: 1 100 SIMONTON STREET KEY WEST, FL 33040 PHONE No.: (305) 292-4408 CONTRACT/PROJECT NO.: PROJECT NAME: PIGEON KEY RAMP REHABILITATION PROJECT PROJECT LOCATION: KEY WEST, FL LEGAL DESCRIPTION KEY WEST, FL AND STREET ADDRESS: DESCRIPTION OF WORK: REHABILITATION FRONT PAGE All other bond page(s)are deemed subsequent to this page regardless of any page number(s)that may be preprinted thereon. Pigeon Key Ramp Rehabilitation Project SECTION 00850 PUBLIC CONSTRUCTION BOND Bond No. 100416100 BY THIS BOND, We American Empire Builders, Inc. , as Principal and United States Surety Company , a corporation, as Surety, are bound to Monroe County Board of County Commissioners , herein called Owner, in the sum of $ 1,960,000.00 , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns,jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Performs the contract dated au:€410- 11 , 2018, between Principal and Owner for construction of: Pigeon Key Ramp Rehabilitation Project Monroe County, Florida 1. The contract being made a part of this bond by reference, at the times and in the manner prescribed-in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, • that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract,then this bond is void; otherwise it remains in full force. 5. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Sec. 255.05(2) Florida Statues. 6. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. Dated , 2018. American Empir uil rs Inc. - (Name o inc. al) By The provisions and limitations,of Section.255.05 Florida Statutes, United Sates Surety Company including but not limited to the notice and time limitations in(Name of Surety r, Sections 255.05(2) and 255.05(10), are incorporated in this bond �� by reference. By N I END OF SEV 6NJOOSaOson, Attorney In tact 5/4/18 PUBLIC CONSTRUCTION BOND 00850-1 TOKIOMARINE HCC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That, UNITED STATES SURETY COMPANY(the"Company"), a corporation duly organized and existing under the laws of the State of Maryland, and having its principal office in Timonium, Maryland, does by these presents make, constitute and appoint, CHARLES JACKSON NIELSON its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name, place and stead, to execute,acknowledge and deliver bond number 100416100 , issued in the course of its business and to bind the Company thereby, in an amount not to exceed Thirty-five million and 00/100 ( $35,000,000.00 ). Said appointment is made under and by authority of the following resolutions of the Board of Directors of United States Surety Company: "Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached."Adopted by unanimous written consent in lieu of meeting on September 1st, 2011. The Attorney-in-Fact named above may be an agent or a broker of the Company.The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney-in-Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, United States Surety Company has caused its seal to be affixed hereto and executed by its Senior Vice President on this 1st day of June, 2018. 00"""'trrrr, State of California ;co pm"lib :c� UNITED ST TESURETY COMPANY County of Los Angeles =wi Jfl" ji1 t3 By: 0 tva 'c�ti'••. `? Adam S. essin, Senior Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On this 1st day of June,2018, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, Senior Vice President of United States Surety Company,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct. WITNESS myhand and official seal.. A SONIA O.CARREJO � Notary Putrllc-Celllornie n,,Anton County - Ct rr Public tl C tIo,i Isst 2 :_ My[ctnm.ExpltesAprll,2027 t Signature (seal) t I, Kio Lo,Assistant Secretary of United States Surety Company,do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 19th tdaly2of November , 2018 . "t" S Bond No. 100416100 A. .\R Th ,06 S m. �yy''' jI41 ....0' Kio Lo, Assistant• retary Agency No. 9201 =_wt �I��/�! ((�1 • -ti�, ;...`� HCCSZZPOAUSSC06/2018 visit tmhcc.com/surety for more information A o® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD1 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Name: Pauline Huerta Keen Battle Mead&Company PHONE EMI: (305)558-1101 I Hal (305)822-4722 7850 Northwest 146th Street �AZ huerta kbmco.com aDDREss: P Suite 200 INSURER(S)AFFORDING COVERAGE NAIC 0 Miami Lakes FL 33016 INSURER A: LIG Marine Underwriters 10641 INSURED INSURER B: American Empire Builders,Inc INSURER C: 13775 SW 145th CT INSURER°: Suite B INSURER E: _ Miami FL 33186 INSURERF: COVERAGES CERTIFICATE NUMBER: 19)20 USL&H MEUJones REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWPIAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (SIR TYPE OF I -AWL-mile NSURANCE I 'ICJ YYLr SO POLICY NUMBER ,I M,�DDYr I M DDIYYYY) LIMITS p COMMERCIAL GENERAL EACHOCy(:ARENCE -S I ENTED CLAIMS-MADE n OCCUR PREMISES nrrurr,ncei . S MED EXP(Any one pence) S . - PERSONAL QADVINJURY S GEN'LAGGREGATE LIMIT APPUES PER. GENERALAGGREGATE 5 T, POLICY❑PRO. LOC PRODUCTS-COMP/OP AGO 3 OTHER: � rBY l�l NACEi4�EN 5 AUTOMOBILE UABIUTY � 'J - COMBINED SINGLE LIMIT q -_ BY �--Y (El ees*1M't) ANY AUTO ` - �- BODILY INJURY(Pet;tenon) S - OWNED "SCHEDULEDDATE ,,__.AUTOS ONLY AUTOS �' BODILY INJURY(Per accident) S HIRED ` NON-OWNED WAI 14/t YES PROPERTY DAMAGE J S - AUTOS ONLY I 1 AUTOS ONLY (Pet woken* S menu,AUAB OCCUR EACH OCCURRENCE S - - EXCESS LIAB CLAIMS-MADE AGGREGATE 5 DEO I I RETENTION S I S WORKERS COMPENSATION PER I Cali. AND EMPLOYERS'UABIUTY YIN STATUTE ER ANYPROPRIETOR/PARTNER(EXECUTIVE ❑'N/A EL.EACH ACCIDENT. S OFFICER/MEMBER EXCLUDED? (Mandatory In NH) El DISEASE-EA EMPLOYEE S If yea.desoibe under DESCRIPTION OF OPERATiONS below EL DISEASE-POLICY UMIT S A MEUJONES ACT USL&H 01/31/2019 01/31/2020 EACH ACCIDENT 1,000,000 y EACH ACCIDENT 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS(VEHICLES(ACORD lot,Additional America Schedule,may be attached II more apace Is required) CERTIFICATE HOLDER CANCELLATION ` SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 I CI 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD A O CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD""") 1 2/1 212 0 1 8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. ' If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME Pauline Huerta Keen Battle Mead&Company PHPHCON NE Exit (305)558-1101 No): (305)822-4722 7850 Northwest 146th Street A- ARILEss: phuerta®kbmco.com Suite 200 INSURER(SI AFFORDING COVERAGE NAIC I Miami Lakes FL 33016 INSURERA: Navigators Specialty Insurance Company 36056 - INSURED INSURER B: Vantapro Specialty Insurance Company 44768 American Empire Buaders,Inc INSURER C: Endurance American Insurance Company 10641 13775 SW 145th CT INSURER D: Bddgefield Casualty Ins Co 10335 Suite B INSURER E: Miami FL 33186 INSURER F: COVERAGES CERTIFICATE NUMBER: 18119 GL BA EX WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . that( TYPE OF INSURANCE ,IN OL SUBR POLICY NUMBER POLICY EFF," I}rsucV EXP INSD,MO {MMlOD/YYWj (MUrCO LIMITS X�// COMMERCIAL GENERAL UABIUTY 7F 1,000,000 /mil EACH OCCURRENCE 1 S _ CLAIMS-MACE 1 1 OCCUR PREM SEMAGE S(Es occurrOiKAt S_100,000 X CONTRACTUAL LIABILITY _ MEDEXP/Anyoneomen) S 5,0D0 A Y Y 103GL0012109-02 12/08/2018 12/08/2019 PERSONAL 6ADVINJURY S 1,000,00D GEN'LAGGREGATEUMITAPPUES PER' GENERALAGGREGATE S 2,000,000 POLICY Njga LOC PRODUCTS-COMP/OPAGG 1 S 2,00D,000 1 OTHER; Employee Benefit Liability s 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ;S 1,000,000 a__„ tEa accident} ANY AUTO BODILY INJURY(Per person) S B '-"' OWNED x SCHEDULED Y Y 5087-0273-00 12/0B/2018 12/08/2019 BODILY INJURY(Pe ecddentI S' AUTOS ONLY AUTOS XHIRED NON-OWNED PROPERTY DAMAGE '-'s AUTOS ONLY AUTOS ONLY tPeeahldanh Medical Expense s 5,000 f— y UMBRELLAUAB OCCUR EACHOCCURRENCE 4000 000' , , C X EXCESS UAB CLAIMSMAOE Y Y EAU 798717/01/2018 12/08/2018 12/08/2019 AGGREGATE S 4,000,000 DED I RETENTION S S ' WORKERS COMPENSATION X STATUTE I I ERH. AND EMPLOYERS'LIABIUTY YIN DPI ANY PROPRIETOR/PARTNER/EXECUTIVE N f A 0196-04841 01/01/201 B O1l01I2019 EL EACH ACCIDENT S 1,000,000 OFFICERI7IEMBER EXCLUDED? 1,000,000 (Mandatory In NH) EL DISEASE-EA EMPLOYEE S If yea,describe under . DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY UMIT S 1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board of County Commissioners and Florida Department of Transportation are additional insured as per written contract. AP D ISK NAGEp,4 DY ,(_ _ CERTIFICATE HOLDER CAf .U4TtO Tom---- ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1100 Simonton Street Key West FL 33040 `�� ��� I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD a�® CERTIFICATE OF PROPERTY INSURANCE °" (MM!01'e'�'' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. PRODUCER I CONTACT Paulin Huerta NAME: Keen Battle Mead 8 Company r tPHON yo Ea11: (305)55B-1101 (ac,Not: (305)B22 4722 7850 Northwest 146th Street keg-SS: phuerta(d)kbmco,com ADDRE Suite 200 PRODUCER 00020724 _CUSTOMER ID: Miami Lakes FL 33016 INSURERISI AFFORDING COVERAGE NAIC Y INSURED INSURER A: Certain Underwriters of lloyd of London American Empire Builders,Inc INSURER B: 13775 SW 145th CT INSURER C: Suite B INSURER D: Miami FL 33166 INSURERE: INSURER F: COVERAGES. CERTIFICATE NUMBER: 19-20 Builders Risk REVISION NUMBER: LOCATION OF PREMISES I DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Pigeon Key Florida,Mile Marker 45- Ramp reconstruction THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE POUCY EXPIRATION— COVERED PROPERTY LIMITS LTR DATE(MMIDDTYYYY) DATE(MMIDDIYYYY) X PROPERTY X'BUILDING S 900,000 CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY S BASIC BUILDING BUSINESS INCOME 5,000 s BROAD CONTENTS EXTRA EXPENSE S X SPECIAL RENTAL VALUE S:e X EARTHQUAKE 100,000 BLANKET BUILDING $ A - , TBD 01/31/2019 01/31/2020 — WHO BLANKET PERS PROP S X FLOOD 100,000 �BLANKET BLDG&PP S _ S S • INLAND MARINE TYPE OF POLICY S --CAUSES OF LOSS S W� NAMED PERILS POLICY NUMBER S AP HIV' `—' _ Ill S CRIME 8Y 1 s TYPE OF POLICY "' (K S DATE Y �, s BOILER&MACHINERY I tiAl J EQUIPMENT BREAKDOWN • �^ S S S . r S . SPECIAL CONDITIONS I OTHER COVERAGES(ACORD 101,AddtIonal Remarks Schedule,may be attached If more specs Is required) Certificate holder Is Loss Payee, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. r AUTHORIZED REPRESENTATIVE 1100 Simonton Street Key West FL 33040 01995-2015 ACORD CORPORATION. All rights reserved. ACORD 24(2016103) The ACORD name and logo are registered marks of ACORD