Item C01 C.1
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
March 21, 2019
Agenda Item Number: C.1
Agenda Item Summary #5145
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Vick(30) 292-4339
N/A
AGENDA ITEM WORDING: Approval of a contract with Coral Construction Company for
construction of the Lower Keys Scenic Viewing Area and Nature Center (Big Pine Swimming Hole
Project)in the amount of$1,665,000.00. Funding provided by FDOT, TDC and 304 funds.
ITEM BACKGROUND: The Lower Keys Scenic Viewing Area (Big Pine Swimming Hole)
Project was advertised for bids on August 2, 2018. Bids were opened on September 18, 2018. Only
one bid was received from Coral Construction Co. (Coral) This project is partially funded by a
Florida Department of Transportation (FDOT) Local Agency Program (LAP) Agreement, a TDC
Grant and also capital budget funds. FDOT concurs with the approval and award of the contract with
Coral.
PREVIOUS RELEVANT BOCC ACTION:
1-23-19 — BOCC approval of a Contract with WSP USA Inc. for Construction Engineering &
Inspection (CEI) Services.
5-17-17 — BOCC approval of a Local Agency Program Agreement (LAP) between State of Florida,
Department of Transportation and Monroe County for funding, in the amount of $900,000 to
construct a Lower Keys Scenic Viewing Area located at the Big Pine Swimming Hole.
5-17-17 —BOCC approval to publish an RFP for construction services.
3-15-17 - BOCC approved an Assignment and Assumption Agreement for the acquisition of
Littlejohn Engineering by its mother company S&ME.
12-14-16 - The BOCC approved a second amendment for $49,500.00.
10-21-15 - BOCC approved a first amendment in the amount of$6,500.00.
1- 21-15 - The County approved to enter into negotiation with Littlejohn Engineering Associates, the
top ranked respondent to an RFQ. After negotiations, a successful contract in the amount of
$100,000.00 was achieved.
10-17-14 —Approval to advertise an RFQ for the design of a scenic overlook.
9-17-14 —Approval of an FDOT LAP agreement in the amount of$100,000.00 for design services.
1-14-14 — Approval of a sublease agreement with the FDEP for use of the "Big Pine Swimming
Hole."
9-12-13 —Approval of the FY 2014 budget authorizing $1,000,000.00 in capital improvements.
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C.1
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval as stated above.
DOCUMENTATION:
Big Pine Swimming Hole Contract Final 3.5.19 CAsigned
FDOT Concurrence Letter ARP58 FM 435511-1 construction
Coral Construction Proposal
Construction Bid Tabulation Sheet
FINANCIAL IMPACT:
Effective Date: 2/20/2019
Expiration Date:
Total Dollar Value of Contract: $1,665,000
Total Cost to County: $718,644 (includes $15,745 of Co. Admin costs)
Current Year Portion: $718,644
Budgeted: Yes
Source of Funds: FDOT LAP Grant; TDC Grant plus 304-Capital funds
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: Yes (partial)
County Match: Yes
Insurance Required: Yes
Additional Details:
Yes
02/20/19 125-22019 LOWER KEYS SCENIC VW ARE $850,000.00
GN1405
02/20/19 304-25000 CULTURE & RECREATION PRO $718,644.00
560630-CC1701
02/20/19 118-78040 TDC BRICKS & MORTAR 118 $112,101.00
TM98-367-X530340
Total: $1,680,745.00
REVIEWED BY:
Cary Knight Completed 03/05/2019 11:40 AM
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Breanne Erickson Completed 03/05/2019 11:44 AM
Chris Ambrosio Completed 03/05/2019 1:04 PM
Budget and Finance Completed 03/05/2019 3:26 PM
Maria Slavik Completed 03/05/2019 3:31 PM
Kathy Peters Completed 03/06/2019 11:22 AM
Board of County Commissioners Pending 03/21/2019 9:00 AM
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Agreement
Between Owner and Contractor
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Where the basis of payment is a STIPULATED SUM
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AGREEMENT Made as of March 21, 2019
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, FL 33040
And the Contractor: Coral Construction Company
P.O. Box 500582 (mailing) 2D
1362 107th Street Gulf(physical) 2
Marathon, FL 33050
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For the following Project: LOWER KEYS SCENIC HIGHWAY VIEWING AREA
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Scope of the Work
The Scope of Work shall include, but not be limited to, all work shown and listed in the Project
Drawings and Specifications. The Contractor is required to provide a complete job as <
contemplated by the drawings and specifications, which are a part of this bid package. The
Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies,
permits and any other means of construction necessary or proper for performing and completing
the Scope of Work, unless otherwise specifically stated.
The Scope of Work shall include, but not be limited to, the construction of a Scenic Vista,
Boardwalk and Park amenities in Monroe County, Florida, as part of the Florida Keys Overseas
Heritage Trail System.
The Lower Keys Scenic Highway Viewing Area project is located at mile marker 29.5 in Monroe
County, Florida. The Lower Keys Scenic Highway Viewing Area is approximately four (4) acres
of land with a man-made burrow pit that is connected to the Big Pine Key South Channel. The
intent is to develop this property as a Scenic Overlook that is connected to the Florida Keys
Overseas Heritage Trail System. The major scope items associated with the project include, but
are not limited to: Over-water wooden boardwalk system with an observation tower, Restroom
building with lift station and associated utilities, Vender / storage building, Multiple shade
structures with palm thatched roofing, Gravel Parking area, Concrete pedestrian paths, Asphalt a.
driveway access to U.S. Hwy, 1 and associated striping, Site furnishings, Regulatory signage,
Site demolition to include selective tree removal, and removal or redistribution of spoil pile,
Mangrove trimming and associated permits, Floating Kayak launch, Limited trail construction
AGREEMENT 00500- Page 1 of 36
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through vegetation removal, Project M.O.T., Site utilities, Landscape installation, Construction
permitting, and General site preparation.
Provide all labor, supervision, materials, supplies, equipment, tools, construction equipment,
transportation, proper execution and completion of all Work as specified on the Drawings and
Technical Specifications included in this Bid Package.
Provide all records, documents, and certifications required to comply with applicable
provisions of the FDOT LAP program. The bidder is required to be prequalified as an FDOT
approved contractor per FDOT Standard Specification 2-1 — Prequalification of Bidders.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions including the General Conditions contained in the Request
for Proposals (RFP) of which the table of contents is included after the signature page in this
Agreement)), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution
of this Agreement, together with the response to RFP and all required insurance documentation,
and Modifications issued after execution of this Agreement. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. An enumeration of the Contract Documents,
other than Modifications, appears in Article 9. In the event of a discrepancy between the
documents, precedence shall be determined by the order of the documents as just listed.
ARTICLE 2
The Work of this Contract U,
The Contractor shall execute the entire Work described in the Contract Documents, except to the
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extent specifically indicated in the Contract Documents to be the responsibility of others, or as LO
follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the 0
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than two
hundred seventy (270) calendar days after the date of commencement or issuance of a
Notice to Proceed. The time or times stipulated in the contract for completion of the work
of the contract or of specified phases of the contract shall be the calendar date or dates
listed in the milestone schedule. cas
Liquidated damages will be based on the Substantial Completion Date for all work, modified by
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all approved extensions in time as set forth by the Director of Project Management's signature of
approval on the Certificate of Substantial Completion. The liquidated damages shall be calculated
in conformance with FDOT LAP general specifications (SECTION 01760) Section 8-10.2 as
provided below in this agreement. Generally, shown as a Daily Charge Per Calendar Day of
$1,584.00.
AGREEMENT 00500- Page 2 of 36
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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.
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3.2 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, an "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 D
under this Section. Contractor shall give County written notice within seven (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 Owner's Representative may
determine.
ARTICLE 4
Contract Sum
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4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of One Million Six Hundred Thousand Sixty Five and
00/100 Dollars ($1,665,000.00), subject to additions and deductions as provided in the
Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner:
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Alternate # 1: No Alternates Specified
/100 Dollars
(Cost in words)
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($ )
4.3 Unit prices, if any, are as follows: N/A
AGREEMENT 00500- Page 3 of 36
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ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
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5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, Section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy as the Director of 2
Project Management may require. This schedule, unless objected to by the Director of
Project Management, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
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5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined �s
by multiplying the percentage completion of each portion of the Work by the share of the
total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of ten percent 10%. Pending final determination of cost to the Owner of changes
in the Work, amounts not in dispute may be included in Applications for Payment. The
amount of credit to be allowed by the Contractor to the Owner for a deletion or change
which results in a net decrease in the Contract Sum shall be the net cost to the Owner,
less Overhead, Profit and Documented Costs incurred prior to the change Request, as
indicated in the corresponding line item in the Approved Schedule of Values for that line U
item as confirmed by the Director of Project Management.When both additions and credits 2
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covering related Work or substitutions are involved in a change, the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to
that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a a.
location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
AGREEMENT 00500- Page 4 of 36
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5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 218.735(8)(b),
Florida Statutes.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes, Section 255.078,
"Public Construction Retainage". Reduction or limitation of retainage, if any, shall be
reduced incrementally at the discretion of and upon the approval of the Director of Project
Management.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except
for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph
12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily 2
survive final payment, and (2) a final approval for payment has been issued by the Director of
Project Management. Such final payment shall be made by the Owner not more than twenty (20) (n
days after the issuance of the final approval for payment. The following documents (samples in
section 01027, Application for Payment) are required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens U)
(6) Final Release of Lien �s
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) Iq
format delivered on a common form (i.e. flash drive, CD/DVD,
etc.) of all the following, but not limited to:
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
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C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals. a.
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
AGREEMENT 00500- Page 5 of 36
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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 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code. Monroe County's performance and obligation to pay under
this contract is contingent upon an annual appropriation by the Board of County
Commissioners.
7.3 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a proposal on a contract with a public entity
for the construction or repair of a public building or public work, may not submit proposals
on leases of real property to public entity, may not be awarded or perform work as
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount 2
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-
six (36) months from the date of being placed on the convicted vendor list. cis
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By signing this Agreement, Contractor represents that the execution of this Agreement will
not violate the Public Entity Crimes 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 U)
defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not �s
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 Iq
vendor list.
Contractor will promptly notify the County if it or any subcontractor or Contractor
is formally charged with an act defined as a "public entity crime" or has been placed
on the convicted vendor list.
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7.4 The following items are included in this contract:
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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 ten (10) years from the termination of this agreement.. Each
party to this Agreement or their authorized representatives shall have reasonable and
timely access to such records of each other party to this Agreement for public records a.
purposes during the term of the Agreement and for ten (10) years following the
termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, the Contractor shall repay the monies
AGREEMENT 00500- Page 6 of 36
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together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from
the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to trial by jury. The County and
Contractor agree that, in the event of conflicting interpretations of the terms or a term
of this Agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall 2
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 (n
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 U)
shall be entitled to reasonable attorney's fees and court costs as an award against the �s
non-prevailing party and shall include attorney's fees and courts costs in appellate
proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary
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County and corporate action, as required by law. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily, and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals, a.
and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
AGREEMENT 00500- Page 7 of 36
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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.
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i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination. The parties agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the
court order. The parties agree to comply with all Federal and Florida statutes, and all
local ordinances, as applicable, relating to nondiscrimination. These include but are 2
not limited to: 1) Title VI I of the Civil Rights Act of 1964 (PL 88-352), which prohibits
discrimination in employment on the basis of race, color, religion, sex, and national (n
origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC§§ 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section
504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age;
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 U)
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse �s
or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC
§§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et
seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as
amended from time to time, relating to nondiscrimination in employment 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 U
orientation, gender identity or expression, familial status or age; and 11) any other 2
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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- (n
1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive
Order 11246 Relating to Equal Employment Opportunity, and implementing IL
regulations at 41C.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:
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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 a.
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 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 Us
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. a.
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
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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 or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other a.
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.
8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every 2D
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the administering agency may
direct as a means of enforcing such provisions, including sanctions for non-
compliance; provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of the
United States.
U)
k) Covenant of No Interest. County and Contractor covenant that neither presently has LO
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.
I) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor agrees that
the County shall have the right to terminate this Agreement without liability and, at its
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discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
n) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article
I of the Constitution of Florida. The County and Contractor shall allow and 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 2
Law in order to comply with this provision.
Pursuant to Fla. Stat. Sec. 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 U)
copied within a reasonable time at a cost that does not exceed the cost �s
provided in this chapter or as otherwise provided by law. 17
Iq
(2) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
U
(4) Upon completion of the contract, transfer, at no cost, to the County all public 2
0
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 a.
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.
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(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 and right to unilaterally
cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant
to a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision
or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE 2
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,
BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEYS
OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
(6) 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 U)
accounting records (hard copy, as well as computer readable data if it can �s
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); back-
charge 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 substantiate charges
related to this agreement, and all other agreements, sources of information �s
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, a.
miscellaneous allocations, special charges, verifying information and
amounts through interviews and written confirmations with employees,
Subcontractors, suppliers, and contractor's representatives. All records shall
be kept for ten (10) years after Final Completion.
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o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
°
q) Legal Obligations and Responsibilities. Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, 2
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 (n
participating entity, in which case the performance may be offered in satisfaction of
the obligation or responsibility. Further, this Agreement is not intended to, nor shall it
be construed as, authorizing the delegation of the constitutional or statutory duties of
the County, except to the extent permitted by the Florida constitution, state statute,
and case law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third- U)
party claim or entitlement to or benefit of any service or program contemplated �s
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.
s) Attestations. Contractor agrees to execute such documents as the County may U
reasonably require, to include, a Public Entity Crime Statement, an Ethics Statement, 2
0
and a Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of
Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement. a.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
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together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Contractor shall defend,
indemnify and hold the County and the County's elected and appointed officers and
employees harmless from and against i an claims, actions or causes of action, ii
g (�) Y (��)
any litigation, administrative proceedings, appellate proceedings, or other proceedings
relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with,
(A) any activity of Contractor or any of its employees, agents, contractors or other
invitees during the term of this Agreement, (B) the negligence or recklessness,
intentional wrongful misconduct, errors or other wrongful act or omission of Contractor
or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's
default in respect of any of the obligations that it undertakes under the terms of this
Agreement, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or
omissions of the County or any of its employees, agents, contractors or invitees (other 2
than Contractor). The monetary limitation of liability under this contract shall be not
less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, (n
actions, causes of action, litigation, proceedings, costs or expenses relate to events
or circumstances that occur during the term of this Agreement, this section will survive
the expiration of the term of this Agreement or any earlier termination of this
Agreement.
In the event that the completion of the project(to include the work of others) is delayed
or suspended as a result of the Contractor s failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any and all U)
increased expenses resulting from such delay. Should any claims be asserted against �s
the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
0
w)Section Headings. Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section headings are not
a part of this Agreement and will not be used in the interpretation of any provision of
this Agreement.
°
x) Agreements with Subcontractors. The contractor shall perform at least 40% of the
work with its own forces. In the event that the Contractor subcontracts any or all of the a.
work in this project to any third party, the Contractor specifically agrees to identify the
County as an additional insured on all insurance policies required by the County. In ..
addition, the Contractor specifically agrees that all agreements or contracts of any
nature with his/her subcontractors shall include the County as additional insured.
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U)
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by courier with proof of delivery.
Notice shall be sent to the following persons:
For Contractor: Chelsea Lyons, President
Coral Construction Company
PO Box 500582 (mailing)
1362 107th Street Gulf(physical) a.
Marathon, FL 33050
For Owner: Cary Knight Kevin Wilson
Director of Project Management Asst. County Administrator, PW & E
1100 Simonton St., Room 2-216 1100 Simonton St. Room 2-216 3
Key West, Florida 33040 Key West, Florida 33040 >
a
FDOT Provisions (n
U)
7.8 Title VI Assurance— DOT 1050.2A, Appendix A and Appendix E.
During the performance of this contract, the Contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the "Contractor') agrees as follows:
a. 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.
b. 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
0
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.
a
c. Solicitations for Subcontractors, including Procurements of Materials and (n
Equipment. In all solicitations made by the Contractor, either by competitive bidding
a.
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
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Regulations relative to nondiscrimination on the basis of race, color, national origin,
sex, age, disability, religion or family status.
U)
d. 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.
e. 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. U)
f. Incorporation of Provisions. The Contractor shall include the provisions of
paragraphs (1) through (7) in every subcontract, including procurements of materials
and leases of equipment, unless exempt by the Regulations, or directives issued
pursuant thereto. The Contractor shall take such action with respect to any
subcontract or procurement as the Florida Department of Transportation, the Federal
Highway Administration, Federal Transit Administration, Federal Aviation
Administration, and/or the Federal Motor Carrier Safety Administration may direct as
a means of enforcing such provisions including sanctions for noncompliance. In the
event a Contractor becomes involved in, or is threatened with, litigation with a sub-
contractor or supplier as a result of such direction, the Contractor may request the
Florida Department of Transportation to enter into such litigation to protect the interests
of the Florida Department of Transportation, and, in addition, the Contractor may
request the United States to enter into such litigation to protect the interests of the
United States.
g. 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 E
Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
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§ 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 U)
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
LO
your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education
Amendments of 1972, as amended, which prohibits you from discriminating because
of sex in education programs or activities (20 U.S.C. 1681 et seq).
7.9 Compliance with FHWA 1273: The FHWA-1273 must be physically incorporated in
every contract and subcontract. The FHWA-1273 is included as ATTACHMENT A .
0
7.10 Federal Contract Requirements. The Contractor and its subcontractors must follow
the provisions, as applicable, 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:
7.10.1 Clean Air Act and the Federal Water Pollution Control Act. CONTRACTOR agrees to
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 a.
(33 U.S.C. 1251-1387) and will report violations to FEMA and the Regional Office of the
Environmental Protection Agency (EPA).
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7.10.2 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. 31413144 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
required to pay wages not less than once a week. If applicable, the COUNTY must place
a copy of the current prevailing wage determination issued by the Department of Labor in
each Solicitation
(incorporated herein at Section 01760 LAP DIVISION 1 SPECIFICATIONS). 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 2
Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program,
Port Security Grant Program and Transit Security Grant Program (it does not apply to cis
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 sub recipient 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 U)
suspected or reported violations to the Federal awarding agency. �s
1) 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.
°
(n
7.10.3 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708).Where applicable, a.
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
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CONTRACTOR must compute the wages of every mechanic and laborer on the basis of
a standard work week of forty (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 forty (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.
7.10.4 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 a.
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 2D
regulations issued by the awarding agency.
°
7.10.5 Clean Air Act(42 U.S.C. 7401-7671 q.),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. 7401-7671q) 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).
7.10.6 Debarment and Suspension (Executive Orders 12549 and 126891. 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 Us
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.
7.10.7 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 0
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.
7.10.8 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 a.
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
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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. (1) In the performance of this contract, the
CONTRACTOR shall make maximum use of products containing recovered materials that
are EPA-designated items unless the product cannot be acquired (i) Competitively within
a timeframe providing for compliance with the contract performance schedule; (ii) Meeting
contract performance requirements; or (iii) At a reasonable price. (2) Information about
this requirement, along with the list of EPA-designated items, is available at EPA's
Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-quideline-cpq-program.
7.10.9 Americans with Disabilities Act of 1990, as amended, (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.
a
7.10.10 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 financed in whole or in part with
COUNTY funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR
agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in detail below),
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.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY
BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA
FIRMS
a. If the CONTRACTOR,with the funds authorized by this Agreement,
seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used 0
whenever possible.
b. Affirmative steps must include:
1. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses,
and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises;
5. Using the services and assistance, as appropriate, of such organizations as
AGREEMENT 00500- Page 20 of 36
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the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
6. Requiring the Prime contractor, if subcontractor are to be let, to take the
affirmative steps listed in paragraph (1) through (5) of this section.
7.10.11 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 a.
term.
ARTICLE 8
Termination or Suspension
°
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
A. 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 days
written notification to the CONTRACTOR.
3
0
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms, U)
the COUNTY retains the right to terminate this Agreement. The COUNTY may also �s
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 seventy-two (72) hours' 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 �s
completion to the COUNTY exceeds the funds remaining in the contract; however, the
0
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. a.
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the E
COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay
AGREEMENT 00500- Page 21 of 36
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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.
°
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ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
a) Drawings: S&ME signed & sealed plans (Sheets CO.0 through C7.1 and A-1
through A-34 and 1-1.0 through 1-4.1 as included in the Monroe County Request for >
Proposals (RFP) for this project - FDOT Financial Management No. 435511-1; Contract
GON68; Federal ID D617-D46B.
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b) Project Manual: None
c) Documents: None
0
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
U)
9.1.2 The General Conditions are the General Conditions of the Contract for Construction as
included in the Monroe County Request for Proposals (RFP) for this project.
17
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9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated: None
9.1.4 All County required forms and certifications as included in the Monroe County Request for
Proposals (RFP) for this project.
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9.1.5 The Addenda, if any, are as follows: 2
0
Number Date
None n/a
°
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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Execution by the Contractor must be by a person with authority to bind the entity,
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
U)
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(SEAL) BOARD OF COUNTY COMMISSIONERS 0
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
6
z:
By: By: E
Deputy Clerk Mayor/Chairman
Date
(SEAL) IL
.LM
CONTRACTOR'S Witnesses Attest'. CONTRACTOR:
Contractor must provide two witnesses
signatures Signature:
Signature: Print Name: >
.2
Print Name: Title:
Title: Date:
Date:
0
and
MONROE COUNTY ATTORNEY
Signature: APPR VED AS 0 F RM
Print Name:
CHRIS AN ROSIO LO
Title: ASSISTANT COUNTY ATTORNEY C6
1�
Date:
Date: S
U_
STATE OF FLORIDA, COUNTY OF
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On this day of 20_, before me, the undersigned notary public, .2
0
personally appeared known to me to be the person whose name is z:
subscribed above or who produced as identification, and acknowledged
that he/she is the person who executed the above contract with Monroe County for LOWER KEYS E
SCENIC HIGHWAY VIEWING AREA project for the purposes therein contained. E
Notary Public
Print Name
My commission expires: Sea[
End of Section 00500
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AGREEMENT 00500- Page 23 of 36
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GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan a.
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering g� g
Section 01200 Project Meetings 2
Section 01301 Submittals
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information — (RFI)
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids U,
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
°
GENERAL CONDITIONS Page 24 of 36
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ATTACHMENT A 0
FHWA 1273—FEDERAL AID CONSTRUCTION CONTRACTS
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FHVVA-1273 Revised May 1,20112 0
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS 6
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General 3. A breach of any of the stipulations contained in these
Nondiscrimination Required Contract Provisions may be Sufficient grounds for
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 Houirs and Safety Standards Act or any other action determined to be appropriate by the CD
Provisions contracting agency and Fl
VI. Subletting or Assigning the Contract
VIL Safety:Accident Prevention 4. Selection of Labor:Duiring the performance of this contract,
Vill. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose
IX. Implementation of Clean Air Act and Federall 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 or,
X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-ald CD
Debarment Requirements highway does not include roadways functionally classified as C:
A. Certification Regarding Use of Contract Funds for local roads or rural minor collectors.
Lobbying
ATTACHMENTS IL NON DI SCIRIM 11 NATION
A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are 0
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 U)
supply,engineering.or architectural service contracts.
I. GENERAL
In addition,the contractor and all subcontractors must comply
1. Form FHVVA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60.
construction contract funded under Title 23(excludling 29 CFR 1625-11627,Title 23 USC Sector,140,the
emergency contracts solely iinrtendled for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794).Title VII 0
contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related _J
subcontract and further require its inclusion,in all lower tier regulations incluldling 49 CFR Parts 21,26 and 27;and 23 CFR
subcontracts(excluidling purchase orders,rental agreements Parts 200,230,and 633.
and other agreements for suppllies or services).
The contractor and all subcontractors must comply with:. the CD
The applicable requirements of Form FHWA-1273 are requirements of the Equall Opportunity Clause in 41 CFR 60-
incorporated by reference for work done under any purchase 1.4(b)and,for alll 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 excluisiive authority to
Form FHVVA-1273 must be Included in all Federal-aid design- determine compliance with Executive Circler 111246 arol the
builld contracts,iin,all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29
subcontracts(excluidling subcontracts for design services, CFR 1625-11627. 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 11973,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-1 273 iin,bid
proposal or request for proposall documents,however,the The following provision is adopted from 23 CFR 230,Appendix 0
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 FHIVVA requirements.
subcontracts(excluding purchase orders,rental agreements -6
and other agreements for supplies or services related to a 1.Equal Employment Opportunity:Equal employment
construction contract). opportunity(EEC,)requirements not to discriminate and to take CD
affirmative action to assure eqluial opportunity as set forth
2. Subject to the applicalaflity 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 1625-11627,411 CFR 60 and 49 CFR 27) E
performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the E
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 or,the U.S.C.140 shall constitute the EEC and specific affirmative
contract by piecework,station,work,or by subcontract. action standards for the contractor's project activities under
FIL
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this contract.The provisions of the Americans with Disabilities 4.Recruitmeri When advertising for employees,the
Act of 1990(42 U.S.C.12,101 et seq.}set forth,under 28 CFR contractor will)include in alll advertisements for employees the
U)
35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equall Opportunity Employer." All such C:
contract.In the execution of this contract,the contractor advertisements will be pllaced in publications having a large 0
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
6
a.The contractor will work with the contracting agency and a. The contractor will,unless preclluded by a valid
the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct
good faith effort to provide eqlual opportunity with respect to all recruitment through public and private employee referral E
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 willl identify sources of
potential minority groulp employees,and establish with Such
b.The contractor willl accept as its operating pol!icy 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 P
are employed,and that employees are treated during b. In the event the contractor has a valid bargaining IM
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-,I ayoff or term liniatilori;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-apprerticeship,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 .2
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. U)
5.Personnel Actions:Wages,working conditions,and
3. Dissemination of Policy:All members of the contractor's employee benefits shalll 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 fullly 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 0
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 P
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 pclicy and its implementation,willl be wages paid within each classification to determine any
reviewed and expllained. The meetings will be conducted by evidence of discriminatory wage practices.
the EEC)Officer. Lr;
c. The contractor will periodically review selected personnel
b. Alf 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 evildlence is founidl,the contractor will
all major aspects of the contractor's EEC)obligations within promptly take corrective action. If the review indicates that the ILL.
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 0
women. with its obligations under this contract,willl attempt to resolve
such complaints,and will take appropriate corrective action
d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the 0
policy willl be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, Z:
applicants for employment and potential employees. such corrective action shall include such other persons. Ulpon
completion of each investigation:the contractor will inform
e. The contractors EEO policy and the procedures to every complainant of all of their avenues of appeal. E
implement such policy will be brought to the attention of E
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 skillls of minorities and women who are
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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 alll rules and regullations established there
employees in the type of trade crjob classification,involved. under. Employers must provide reasonable accommodation in
alll employment activities unless to do so would cause an V)
Ill Consistent with the contractor's work force requirements undue hardship. 0
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 Leasingi of Equipment:The contractor shall not
geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, 0
special provision for training is provided under this contract, national origin,age or disability in the selection and retention Z:
this subparagraph will be superseded as indicated in the Of Subcontractors,including procurement of materials and E
special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary
training posiitions 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.
dl. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure
promotion potentiall of employees who are minorities arid subcontractor compliance with their EEO obligations.
women and will encourage eligible employees to apply for
such training and promotion.
10.Assurance IRequiired by 49 CFR 26.13(bp:
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 Cl Part 26 and the State
faith efforts to obtain the cooperation of such,un lions to DOT'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,willl iricluide the procedures set b. The contractor or subcontractor shal1l 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 wilth 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. 0
Ill 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 dlate of the final payment to the
contractor for all contract work and shal1l be available at ggg
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 Fl
extent such iinformation 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 shal1l 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 nor,-
minority group members and women employed in each work C:
dl. In the event the uniion iis unable to proviidle the contractor classificatiion on the project; 17L
with a reasonable fllow 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
thirougih 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 C:
origin,age or disability;making full efforts to obtain qualified 0
and!/or quialifiable 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 0
bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annuall
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 projlect,indicating the number of minority,women,and C:
pursuant to Executive Order 11246,as amended,and these non-milriority group employees currently engaged un each work E
special provisions,such contractor shall immediately notify the classification required by the contract work. This information is E
contracting agency. to be reported or,Form FHWA-1 391. The staffing data should
represent the project work force or,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
d:
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willl 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 an board duiring made or costs incurred for more than a weekly periodl(but not
all or any part of the last payroll period preceding the end of less ofter,than quarterly)uinder plans,funds,or programs U)
July. which cover the particular weekly period,are deemed to be C:
constructivelly made or incurred during such weekly period. 0
Such laborers and mechanics shall be paid the appropriate
III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for
the classification of work actually performed,without regard to 6
This provision,is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(ap(4).Laborers or Z:
contracts and to all related construction Subcontracts of mechanics performing work in more than one classification E
$110,000 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 mariner that segregation on, time spent in each classification in which work is performed.
the basis of race,color,religion,sex,or nationall origin cannot The wagie determination(including any additionall classification
result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this IL
use by written,or orall policies nor tolerate Such use by section)and the Davils-Bacon poster(VVH-1321)shall be P
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 siite of the work in a prominent and accessible place where
services at any location,uinder 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.(l)The contracting officer shal1l require that any class of
time clocks,restroorns,washrooms,locker rooms,and other laborers or mechanics,!including helpers,which is riot listed in CD
storage or dressing areas,parking lots,drinking fountains,
recreation or entertainment areas,transportation,and housing the wage determination,and which is to be employed under the
contract shall be classified in conformance with the wage
provided for employees. The contractor shall provide separate
or single-user restrooms and necessary dressing or sleeping determination.The contracting officer shall approve an
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 U)>%
projects exceeding$2,000 and to all related subcontracts and
lower-tier subcontracts(regardless of subcontract size). The (h)The classification is utilized in the area by the
requirements apply to all projects located within the right-of- construction indlustry;and
way of a roadway that its functionally classified as Federal-aid
highway. This excluidles roadways functionally classified as 0
i)The proposed wage rate,including any boa fide
local roads or rural minor collectors,which are exempt. bona
Contracting agencies may elect to apply these requirements to fringe benefits,bears a reasonable relationship to the
id i the dt iti
other projects. wage rates contained e wage eermnaon,.
The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be P
employed in the classification(if known),or their U)
Labor regulations in,29 CFR 5.5"Contract provisions arid)
related matters"with miirior revisions to conform to the FHVVA- representatives,and the contracting officer agree on the
1273 format and FHlVVA program requirements. classification and wagie 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 Hlour Division,Employment
Standlardls 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 pardl 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
so advise the contracting officer or will)notify the contracting
rebate an any account(except such payroll deductions as are
officer within the 30-dlay period that addlitional time is
permitted by regulations issued by the Secretary of Labor
Under the Copeland Act(29 CFR part 3)).the fuill amount of necessary.
wages and bona fide fringe benefits(or cash equivalents 0
thereof)duce at time of payment compurted at rates not less (3p In the event the contractor,the laborers or mechanics U
than those contained in the wage determination of the to be employed in the classlification or their representatives, 0
Secretary of Labor which,is attached hereto and made a part and the contracting officer do not agree on the proposed -6
hereof,regardlless of any contractual relationship which may classification and wage rate(!including the amount Z:
be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the CD
and mechanics. contracting officer shall refer the questions,including the r-
views of all interested parties and the recommendation of the E
Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for E
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,wily 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
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will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show
acclitionall 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 c:
appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the 0costs anticipated or the actual cost incurred in providing such
1.b.(3)of this section,shall be paid to all workers performing benefits.Contractors employing apprentices or trainees under
work in the classification under this contract from the first approved programs shall maintain written evidence of the
day on which work is performed in the classification. approved
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 E
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 ri
or shalll pay another bona fide fringe benefit or ar,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 IL
accurately and completelly all of the!information reculred to be P
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 includled
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 VVH-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 http://www.dol.govfesa/whidtforms/wh347instr.hitm
pal ligations under the plan or program. or its successor site.The prime contractor is responsible for >
the Submission of copies of payrolls by alll subcontractors.
Contractors and subcontractors shall maintain the full social
2. Withholding
security number and current address of each covered worker,
and shialll 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 U)
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
reculrements,which,is held by the same prime contractor,so records,without weekly Submission to the contracting agency.. 0
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 cm
reculred by the contract. In the event offalillure to pay any payment of the persons employed under the contract and shall iM
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)(31(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(a1(3)(i)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 wages earned,without rebate,either directly or indirectly, 0
and mechanics working at the site of the work.Such records and that no deductions have been made either directly or
shall contain the name,address,and social security number of indirectly from the fulll wages earned,other than
each such worker,hills or her correct class lificatilon,hourly rates permissible deductions as set forth in Regulations,29 CFR 0
of wages paid(Including rates of contributions or costs part 3:
anticipated for bona fidle fringe benefits or cash equivallents
thereof of the types described lin 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 E
deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or E
Secretary of Labor has found under 29 CFR 5.5(ay(1)(Iv)that cash equivallents for the classification of work performed,
the wages of any laborer or mechanic iinclude the amount of as specified in the applicable wage determination
any costs reasonably anticipated iin providing benefits under a incorporated into the contract.
plan or program described in section 1(b)(2)(B)of the Davis-
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(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,
0
this section. apprentices must be paildl the fuilll amount of fringe benefits
listed or,the wage determination for the applicable
classification.If the Administrator determines that a different 4)
(4)The falsification of any of the above certifications may practice prevails for the applicable apprentice cllassification, 6
subject the contractor or subcontractor to civil or criminal fringes shall be paid in accordance with,that determination.
prosecution under section 11001 of title 118 and section 231 of
title 31 of the United States Code. E
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 Agencyrecognized by the Cri withdraws approval of an
required under paragraph,3.a.of this section available for apprenticeship program,the contractor will no longer be
inspection,copying,or transcription by authorized permitted to utilize apprentices at less than the applicable IL
representatives of the contracting agency,the State DOT,the predetermined rate for the work performed until an acceptable cm
FHVVA, or the Department of Labor,and shialll permit such
i program is approved.
rep
enlatives to interview employees during working hours
on the job.If the contractor or subcontractor fa Is to submit the
required records or to make them avalillablle,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 willl 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
records upon request or to make such records available may work performed unless they are employed pursuant to and
be grounds for debarment action pursuant to 29 CFR 5.12. individually registered in a program which has received prior 2D
approval,evidenced by formal certification by the U.S. >
Department of Labor,Employment and Training .2
4. Apprentices and trainees Administration.
a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the V)
0
Apprentices will be perm!!tied 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 0
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 P
V)
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 era
rate who is not reglstered and participating in a training plan
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall))
permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage
determination for the classification of work actuallly performed.
the registered program.Any worker listed on a payrolll at an In addition:any trainee perform ling work on the)ob site in
apprentice wage rate,who is not registered or otherwise excess of the ratio permitted under the registered program
employed as stated above,shall be paid not less than the
applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate or,the
wage dletermination for the work actually performed.
classification of work actually performed.In addition,any 0
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 applicablle wage rate on the wage determination withdraws approval of a training program,the contractor will no
0
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 applicablle 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 E
rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of E
program shalll be observed. apprentices,trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
Every apprentice muisi be paid at not less than the rate requirements of Execuitive 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
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dl. Apprentices and Trainees(programs of the U.S.DOT).
.
Apprentices V CONTRACT WORK HOURS AND SAFETY and trainees working under apprenticeship and U)
C:
skilll training programs which have been certified STANDARDS ACT by the 0
Secretary of Transportation as promoting EEO in connection
with Federall-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 wagie rates for apprentices and overtime provisions of the Contract Work Hours and Safety 0
trainees under such programs Will be established by the Standards Act.These clauses shall be inserted in addition to Z:
particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As E
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 Colipelland Act requirements. The 1.Overtime requirements. No contractor or subcontractor
contractor shall comply with the requirements of 291 CFR part contracting for any part of the contract work which may require IL
3,which are incorporated by reference in thiis contract. or involve the employment of laborers or mechanics shall cm
require or permit any such Ilaborer or mechanic in any
he 6.Sub workweek in which h or she!is employed on such work tocontracts. The contractor or subcontractor shall insert work!in,excess of forty hours in such,workweek uniless such
Form FHWA-1273 in any subcontracts and also requiire the laborer or mechanic receives compensation at a rate not less
subcontractors to include Form Fl 273 in any lower tiler than one and one-half times the basic rate of pay for sill hours <
subcontracts.The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours!in such workweek.
with ail the contract clauses in 29 CFR 5.5
2.Violation;Iliabillityfor 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
subcontractor responsible therefor shall be liable for the
of the contract,and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.112. unpaid wages.In addition,such contractor and subcontractor
shall be Viable 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 territoryN,for liquidated damages.Such U)
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 11,3,and 5 individuall Ilaborer 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
calendar day on which such individual was required or
9.Disputes concerning lalbor standards.Disputes arising 0
out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
be subject to the general disputes clause of this contract.Such clause set forth!in paragraph(1.)of this section.
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5,6,and
7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. P
between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon!its own action U)
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
contractor or subcontractor under any such contract or any
10.Certification of eligibility. other Federal contract with the same prime contractor,or any LO
other federal ly-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 inellig ible 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 thus contract shall be subcontracted to any person 0
or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor sha1111 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,(11.)
through(4.)of this section and also a clause requiring the 0
subcontractors to include these clauses in any lower tier Z:
c.The penalty for making fallse statements is prescribed in the subcontracts.The prime contractor shall be responsible for
U.S.Criminal Code,18 U.S.C.1001. compliance by any subcontractor or lower tier subcontractor
with,the clauses set forth in paragraphs(1.)through(4.)of this E
section. E
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evidenced in writing and that it contains all pertinent provisions
VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract.
U)
This provision is applicable to all Federal-aid construction 5.The 30%sellf-performance requirement of paragraph(11 9 is C:
contracts on the National Highway System. not applicable to design-build contracts;however,contracting 0
agencies may establish,their own,self-performance
1.The contractor shialll perform with its own organization requirements.
contract work amounting to not less than 30 percent(or a -6
greater percentage if specified elsewhere in the contract)of
the total origiinall contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION
designated by the contracting agency. Specialty!items may be E
performed by subcontract and the amount of any such T hi 11 s p r o v i s i o ri i s, applicable to alll Federal-aid
specialty items performed may be deducted from the total construction contracts and to all related subcontracts.
originall contract price before computing the amount of work
required to be performed by the contractor's own organization 11. In the performance of this contract the contractor shall C:
(23 CFR 635116). comply with all applicable Federal,State,and local laws FL_
governing safety,health,and sanitation(23 CFR 635) The
a. The term"perform work with its own organization"refers contractor shialll provide all safeguards,safety devices and
to workers employed or leased by the priime 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 Rife and health of
equipment of a subcontractor or Mower 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. CD
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 Linder conditions
supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her
employees; health or safety,as determined under construction safety and
(2)the prime contractor remains responsible for the quallity health standards(29 CFR 1926)promulgated by the Secretary U)
of the work of the leased employees; of Labor,in accordance with Section 1107 of the Contract Work
(3)the prime contractor retains alll 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 alll thereof.shall have right of entry to any site of contract 0
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 US C.3704).
organizations qualified and expected to bid or propose on the
U)
contract as a whole and in general are to be limited to minor
components of the overalll contract. Vill.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 hi 11 s p r o v i s i o ri i s, applicable to alll 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 M
conformity with approved plans and specifications and a high C:
3.The contractor shialll furnish(a)a competent superintendent degree of reliability or,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 M
requirements,and is in charge of all construction operations with,the project perform their functions as careful 11y,thoroughly,
(regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or C:
0
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 Feclerall law. To preverit 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 0
4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more Z:
otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned cm
contracting officer,or authorized representative,and such with,the project: C:
consent when giiven shall not be construed to relieve the E
contractor of any responsibility for the fulfillment of the E
contract Written consent will be given only after the 118 U.S.C.11020 reads as follows:
contracting agency has assured that each subcontract is
8 M
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"Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shialll
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 bellow.The certification or explanation will be
U)
fallse statement,fallse representation,or fallse report as to the considered in connection with the department or agency's C:
character,quality,quantity,or cost of the material used or to determination whether to enter!into this transaction.However, 0
be used,or the quantity or quality ity 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.
0
of construction on any highway or related project submitted for Z:
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 E
Whoever knowingly makes any fallse statement,false agency determined to enter Tinto this transaction.If it is hater
representation,false report or fallse claim with respect to the determined that the prospective participant knowingly rendered 10
character,quality,quantity,or cost of any work performed or to an erroneous certification,!in addition to other remedies 0
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. IL
project approved by the Secretary of Transportation;or
d.The prospective first tiler participant shialll provide
Whoever knowingly makes any fallse 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." 11 suspended""ineligible,""participant,""person," "principal," Gf
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 FEIDERAL 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 generall contract). "Lower Tier Covered
This provision is applicable to alll Federal-aid construction Transactions"refers to any covered transaction under a First
contracts and to alll related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tiler U)
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
0
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 iinclude or cause to be covered transaction with a person who is debarred,
U)
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 tiler participant further agrees by
submitting this proposal that it will include the clause tilled mr
X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility
SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions,"
EXCLUSION provided by the departmerit or contracting agency,entering
into this covered transaction,without modification,in all lower
This provision is applicable to alll Federal-aid construction tier covered transactions and in all solicitations for Mower tier Ca
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 hi.A participant in a covered transaction may rely upon a 0
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 OFF,Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or
voluntarily excluded from the covered transaction,unless it 6
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 E
a.By signing and submitting this proposal,the prospective the eligibility of any lower tiler prospective participants,each E
first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded
Parties List System website(https.1/+Atvv+AR.epls.govi),which is
b.The inability of a person to provide the certification set out compiled by the General Services Administration.
below willl not necessarily result in denial of participation!in this
E
0
F0
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ATTACHMENT A 0 1 77l 34 of 36
I Packet Pg. 54
LOWER KEYS SCENIC HIGHWAY VIEWING AREA
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 kncwledlgie 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 writter,notice to the person to which,this proposall!is
0
a prudent person in the ordinary course of business dealings. submitted if at any time the prospective Mower 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 6
knowingly enters into a lower tier covered transaction with a dl.The terms"covered transaction.""debarred,"
person who is suspended,debarred,ineligible,or voluntarily suisperided,""ineligible,""participant.""person.""principall,"
E
excludled from participation in this transaction,in addition to and"'voluntarily excludedl,"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 iin 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 IL
prime or general contract). "Lower Tier Covered Transactions" P
2. Certification Regarding Debarment,Suslipenslion, refers to any covered transaction Linder a First Tier Covered
Inelligiblility 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 fundls
a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier
i Participant"refers any participant who has entered into a its knowledge and belief,that it and its principals:
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 excluided from
participating in covered transactions by any Federal e.The prospective lower tiler 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 ariy Mower tier covered transaction with,a person who is
proposal been convicted of or had a civil judgment rendered debarred.,suspended,declared ineligible,or voluntarly
against them for commission of fraud or a criminal offense iin excluded from participation in this covered transaction,unless U)
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 Fedleral 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 0
and Voluntary Excllusion-Lower Tier Covered Transaction,"'
(3) Are not presently inclicted for or otherwise criminally or without modification,in alll lower tiler covered transactions and
civilly charged by a governmental entity(Federall,State or in all solicitations for lower tier covered transactions exceeding
local)with commission of any of the offenses enumerated in the$25,000 thresholdl.
paragraph(a)(2)of thus 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 dlefault. voluntarily excluded from the covered transaction,unless it
knows that the certification is erroneous.A participant its tCb
i 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 del or otherwise ineligible to participate in covered
participant shall attach an explanation to this proposal. transactions. To verify the eligibility of iits principals,as well as
the eligibility of any lower tier prospective participants,each, U_
2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded
Parties List System wel(https://wAw.eDlk gov/),which is
(Applicable to alll 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 1180 and hi.Nothing contained in the foregoing shall be construed to 0
1200) require establishment of a system of records iin 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 -6
lower tier is providing the certification set out below. exceed that which its normally possessed by a prudent person Z:
in the ordinary Course of business deallings.
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 Linder paragraph e of E
was entered into.If it is hater determined that the prospective these instructions,if a participant in,a covered transaction E
lower tier participant knowingly rendered ar,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 adldiition to
other remedies available to the Federal Government,the
IL
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E
ATTACHMENT A 0 1 770-Page 35 of 36
I Packet Pg. 55
LOWER KEYS SCENIC HIGHWAY VIEWING AREA
department or agency with,which this transaction originated U)
c:
may pursue available remedies,including suspension ariftr 0
debarment.
6
Certification Regarding Debarment,Suspension, Z:
IneIlligibillity and Voluntary Exclusion--Lower Tier E
Participants:
1.The prospective lower tier participant certifies,by
submission of this proposal,that neither it nor its principals is 4)
presently debarred,Suspended,proposed for debarment,
declared ineligible,or voluntarily excluded from participating in
covered transactions by any Federal department or agency. P
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
proposall.
CD
XI.CERTIFICATION REGARDING USE OF CONTRACT 0
FUNDS FOR LOBBYING
This provision is applicable to alll Federal-aid construction .2
contracts and to all related subcontracts which exceed
$1100,000(49 Cl 20).
1.The prospective participant certifies,by signing and U)
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 willl be
paid,by or on behalf of the undersigned,to any person for
influencing or attempting to influence an officer or employee of 0
any Federall 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 888
modification of any Federall contract,grant,loan,or
cooperative agreement.
b.IIf any funds other than Federal appropriated funds have
been,paid or will be paid to any person for influencing or LO
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 0
which reliance was placed when this transaction was made or U
entered into. Submission of this certification is a prerequisite 4)
for makiing or entering into this transaction,imposed by 31 -6
U.S.C.1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not Mess than
$110,000 and not more than$100,000 for each Such failure.
3.The prospective participant allso agrees by submitting its E
bid or proposal that the participant shall require that the E
language of this certification be included in all lower tier
subcontracts,which exceed$100,000 and that alll such
recipients shall certify and disclose accordingly.
ATTACHMENT A 0 1 770-Page 36 of 36
I Packet Pg. 56
C.1.b
uoiulo�00000�iuui ��
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0 Florida Department of Transportation 0
U
RON DESANTIS 1000 111 Avenue KEVIN J.THIBAULT,P.E.
GOVERNOR SECRETARY �
Miami, L 317 -58
January 29, 2019
Cary D. Vick
Project Management
Monroe County Engineering
1100 Simonton Street, 2-216
Key West, Florida 33040
Subject: Concurrence Letter for Construction Award
Lower Keys Scenic Highway Viewing Area
FM#435511-1
Contract: ARP58
Federal ID: D617-046-B
County: Monroe
Dear Mr. Vick,
3
The Florida Department of Transportation (FDOT) has received the subject Local Agency
Program (LAP) project's bid tabulation and request for award concurrence. This letter serves as
a concurrence from the Florida Department of Transportation to Monroe County to proceed with
the award recommendation to Coral Construction Co.
U)
Please be advised that, per 23 CFR 635.116 (b), all subcontractor's contracts must be reviewed 0
and approved by the Department prior to execution by the prime contractor.
Attached please find: LO
M
• A Performance Evaluation form that FDOT will use, upon closing the project, to evaluate
your Agency during the execution and management of the subject project;
00
LO
• An Excel workbook containing Invoicing instructions and templates for LAP a.
reimbursement requests
Please contact District VI LAP Project Manager Alfredo Reyna at (305) 470-5288 if you have
any questions or concerns.
Sincerely,
0
Xiomara Nunez, MBA
District Local Program Administrator
Attachments:
LAP Performance Evaluation Form,Invoicing Instructions and Templates Workbook
Cc:Alfredo Reyna, File
www.fdot.gov
Packet Pg. 57
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LOWER KEYS SCENIC HIGHWAY VIEWING AREA
SECTION 00120
PROPOSAL FORM
U
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The Proposal shall be submitted on the forms included in this section of the Proposal
Documents as previously instructed herein. ,0
Item Description Pages
1. Proposal Form 24-27 LO
2. Bid Bond (Proposal Security) 28
3. Non-Collusion Affidavit 29
4. Lobbying and Conflict of Interest Clause 30
5. Drug-Free Workplace Form 31Cn
6. Public Entity Crime Statement 32
7. Subcontractor Listing Form 33
8. Insurance Requirements and Checklist 34-35
9. Workers Compensation and Employers' Liability 36
10. General Liability 37
11.Vehicle Liability 38 2D
12. Builders Risk (If needed) 39 .
13. Bidder's Insurance and Indemnification Statement 39-40 U
Cn
14. Insurance Agent's Statements 41
15.Attachment A 271
16. Contractor License:
A Current Copy to be submitted with Proposal.
Subcontractor Licenses to be Submitted Prior to
Award of Notice to Proceed. CL
0
L_
0
INFORMATION REQUIRED TO BE PROVIDED U
1. In order to determine if the persons or entity submitting proposals are responsible, all
Proposals for contracts to be awarded under this section must contain the following
information:
0
A. A list of the entity's shareholders with five percent (5%) or more of the stock or, if
a general partnership, a list of the general partners; or, if a limited liability
company, a list of its members; if a solely owned proprietorship, names(s) of
owner(s). A copy of documentation demonstrating that the entity is a legally U
viable entity shall be attached.
PROPOSAL FORM 00120-Page 21 of 298
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LOWER KEYS SCENIC HIGHWAY VIEWING AREA
B. A list of the officers and directors of the entity.
C. Relevant Experience: The number of years the person or entity has been
operating and, if different, the number of years it has been providing the service,
goods, or construction services called for in the proposal specifications (include a
list of similar projects).
0
D. The number of years the person or entity has operated under its present name U
and any prior names.
E. Answers to the following questions regarding claims and suits: ,0
a. Has the person or entity ever failed to complete work or provide the
goods for which it has contracted? (If yes, provide details of the job,
including where the job was located and the name of the owner.)
Cn
YES NO ,®
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b. Are there any judgments, claims, arbitration proceeding or suits pending
or outstanding against the person, principal of the entity, or entity, or its
officers, directors, or general partners (this specifically includes any
present or prior entities in which the person, principal, entity, officer,
director or general partner of the proposing entity has been involved as a
person, principal, entity, officer, director or general partner in the last five
(5) years)? (If yes, provide details, include enough information about the
judgment, claim, arbitration, or suit so that the Owner will able to obtain a U
copy of the judgment or claim or locate the suit by location and case Cn
number.)
YES NO
0
Z
C. Has the person, principal of the entity, entity, or its officers, major LO
shareholders or directors within the last five (5) years, been a party to any CL
law suits or arbitrations with regard to a contract for services, goods or
construction services similar to those requested in the specifications with
private or public entities? This specifically includes any present or prior g
entities in which the person, principal, entity, officer, director or general
partner of the proposing entity has been involved as a person, principal, LO
entity, officer, director or general partner in the last five (5) years. (If yes,
provide details, include enough information about the judgment, claim,
arbitration or suit so that the Owner will able to obtain a copy of the
judgment or claim or locate the suit by location and case number.)
YES NOUN E
U
PROPOSAL FORM 00120-Page 22 of 298
Packet Pg. 59
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LOWER KEYS SCENIC HIGHWAY VIEWING AREA
d. Has the person, principal of the entity, or its officers, owners, partners,
major shareholders or directors, ever initiated litigation against Monroe
County or been sued by Monroe County in connection with a contract to
provide services, goods or construction services? This specifically
includes any present or prior entities in which the person, principal, entity,
officer, director or general partner of the proposing entity has been
involved as a person, principal, entity, officer, director or general partner.
(If yes, provide details, include enough information about the judgment,
claim, arbitration or suit so that the Owner will able to obtain a copy of the
judgment or claim or locate the suit by location and case number.)
0
�s
YES NO
0
e. Whether, within the last five (5) years, the Owner, an officer, general
partner, controlling shareholder or major creditor of the person or entity
was an officer, general partner, controlling shareholder or major creditor Im
of any other entity that failed to perform services or furnish goods similar
to those sought in the request for bids. (If yes, provide details and
information about the failure to perform services or furnish goods that will
enable the Owner to thoroughly consider the matter.)
YES NO
f. Customer references (minimum of three), including name, current
address and current telephone number. Credit References (minimum of
three), including name, current address and current telephone number.
g. Financial statements for the prior three (3) years. Please provide in a
separate sealed envelope for the Contractor's confidentiality, and clearly 3
label the envelope"CONFIDENTIAL" one(1) original copy. o
("Any financial statement that an agency requires a prospective proposer
to submit in order to prequalify for bidding or for responding to a bid for a
road or any other public works project is exempt from F.S. 119.07(1) and 0.
s.24(a), Art. 1 of the State Constitution.")
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PROPOSAL FORM 00120-Page 23 of 298
Packet Pg. 60
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SECTION 00120
PROPOSAL FORM
PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT o
�s
1100 SIMONTON STREET
ROOM 2-213
KEY WEST, FLORIDA 33040
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PROPOSAL FROM:aC-g l )/1SrFr-UA gri C�,-vL,06a/
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The undersigned, having carefully examined the Work and reference Drawings, Specifications,
Proposal, and Addenda thereto and other Contract Documents for the construction of: cis
LOWER KEYS SCENIC HIGHWAY VIEWING AREA
and having carefully examined the site where the Work is to be performed, having become
familiar with all local conditions including labor affecting the cost thereof, and having familiarized
himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and
regulations affecting performance of the Work, does hereby propose to furnish all labor,
mechanics, superintendents, tools, material, equipment, transportation services, and all
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman-like manner, in conformance with said Drawings, Specifications, and other Contract
Documents including Addenda issued thereto.
The undersigned further certifies that he/she has personally inspected the actual location of
where the Work is to be performed, together with the local sources of supply and that he/she
understands the conditions under which the Work is to be performed. The successful Proposer
shall assume the risk of any and all costs and delays arising from the existence of any
subsurface or other latent physical condition which could be reasonably anticipated by reference o
to documentary information provided and made available, and from inspection and examination
of the site. U)
0
0.
The Base Proposal shall be furnished below in words and numbers. If there is an
inconsistency between the two, the Proposal in words shall control. a.
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i�l ibri 5i.x hU,, �rtt� 54, �6- 4L< -f'��l LtSgnd Dollars.
(Total Base Proposal-words)
$ Dollars U
(Total Sase Proposal—numbers)
PROPOSAL FORM 00120-Page 24 of 298
Packet Pg. 61
C.1.c
LOWER KEYS SCENIC HIGHWAY VIEWING AREA
I acknowledge receipt of Addenda No.(s)
No. Dated
No. Dated
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No. Dated u
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No. Dated
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PROPOSAL FORM 00120-Page 25 of 298
Packet Pg. 62
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LOWER KEYS SCENIC HIGHWAY VIEWING AREA
Proposer states by his/her check mark in the blank beside the form and by his/her signature that
he/she has provided the following requirements (located in Section 00120):
0
1. Proposal Form
2. Proposal Security(Bid Bond)
3. Non-Collusion Affidavit
�s
4. Lobbying and Conflict of Interest Clause
5. Drug-Free Workplace Form
6. Public Entity Crime Statement
7. Subcontractor List Form
8. Bidder's Insurance and Indemnification Statement
9. Insurance Agents Statement(signed by agent) M
10. Answered Required Questions
11. Provided Three(3) Customer References and Three (3) Credit References
a
12. Provided Three (3) years of Financial Statements in separate envelope 2D
13. Certified copy of Valid Florida Contractor's License .
14. Current Monroe County Occupational License
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(Florida Department of Transportation Forms Located in Attachment A):
15. LAP Certification of Current Capacity
0
16. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion o0.
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17. Vendor Eligibility Check Prior to Contract Award
0
18. Certification for Disclosure of Lobbying Activities
19. Disclosure of Lobbying Activities U)
20. Non-Collusion Affidavit o
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PROPOSAL FORM 00120-Page 26 of 298
Packet Pg. 63
LOWER KEYS SCENIC HIGHWAY VIEWING AREA
Business
Name: C6( crt m DBA: Ccr?41 Ce'ai2jJ-*1 cc,
Business
EIIN # 0
Business Mailing
Address: 0 � o] Address:
City, City,State
State, Zip alct,-zcffia �' Lil Zip 4-A-0,1�L 0
Local
Phone: Phone, 30SLY17 q-07Lf2 6
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Email: CO ce-t C vx-,S",C4)1 cam
The physical business address must be registered as its principal place of business with the
Florida Department of State for at least one (1) year prior to the notice of request for bid or
proposal.
Date: q/17 Signed:
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Printed: LjQo
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Title: Le iAi4— /TectsLk -P
Witness:
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PROPOSAL FORM 00 120- Page 27 of 298
1 Packet Pg. 64
LOWER KEYS SCENIC HIGHWAY VIEWING AREA
SECTION 00120
NON-COLLUSION AFFIDAVIT
I, ae"15ee lxfo,7,-� of the city MOCCA04
0
according to law on y oath, and under penalty of perjury, depose and say that:
1 1 a mT re s<A I-Tre CL., -,-
of the firm of -0n54rLACJ-1,Cy-1 �g4d
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the Proposer making the Proposal for the project desAbed in the notice for calling for r-
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proposals for:
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and that I ex�ecuied the said propos"ith full!authority to-do so;' Z:
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2. The prices in this proposal have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as
to any matter relating to such prices with any other Proposer or with any competitor; and IL
3. Unless otherwise required by law, the prices which have been quoted in this proposal
have not been knowingly disclosed by the Proposer and will not knowingly be disclosed
by the Proposer prior to proposal opening, directly or indirectly, to any other Proposer or
to any competitor; and
4. No attempt has been made or will be made by the Proposer to induce any other person,
partnership or corporation to submit, or not to submit, a proposal for the purpose of
restricting competition; and
5,. The statements contained in, this affidavit are true and correct, and made with full
knowle ge o aid oject.
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(Signature of Pr?06ser) zz�
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STATE OF: 0
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COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
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who, after first being sworn by me, (name of individual signing) affixed his/ ature in the U)
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space provided above.
day of 2 on, this 0 0
NOTARY PUBLIC
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KIMBERU MEHEGAN
P Fk* *t., 0
my CoMwSSION#GO 09855
I RES:ApW 19,2021
My commission expires: EXP y Publit Undarwtbfs
WndadThruNoftr 1, 11110111V111W11
PROPOSAL FORM 00 120- Page 29 of 298
1 Packet Pg. 65
LOWER KEYS SCENIC HIGHWAY VIEWING AREA
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. O10-1990
MONROE COUNTY, FLORIDA
0
ETHICS CLAUSE
C_6rc
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(CompaAy)
6
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warrants that he/it has not employed, retained or otherwise had act on his/its behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No, 0110-19,90. For breach or
violation of this provision the County may, in Its discretion, terminate this contract without liability a.
and imay also, in its discretion, deduct from the contract or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee".
>
(Signature) .2
Date:
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STATE OF: tk'V�(J- bl- 0
COUNTY OF: U)
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Subscribed and sworn to (or affirmed) before me on 0
—(date) &_
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by �4/v, e (Ay 04,1 (name of affiant). He/ Mip is pe4onally.�n wq to me...............
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or has produced as identification. (Type of identification) r_
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NOTARY PUBLIC
KIMBERLY S,MEHEGAN
MYC0MMISSI0N#GG0q5855 E
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My commission expires:..." EXPIRES:April 19,2021
Dondod Thru Notary Public Underwrltem
(SEA
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PROPOSAL FORM 00120- Page 30 of 298
1 Packet Pg. 66
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LOWER KEYS SCENIC HIGHWAY VIEWING AREA
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute, Sec. 287.087, hereby certifies that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations. a.
3. Gives each employee engaged in providing the commodities or contractual services that
are under proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition
of working on the commodities or contractual services that are under proposal, the
employee will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 2
(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.
U)
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
0.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
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Proposer' gnature
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0
Date
PROPOSAL FORM 00120-Page 31 of 298
Packet Pg. 67
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PUBLIC ENTITY CRIME STATEMENT
U
"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 0
0
public entity, may not submit a bid on a contract with a public entity for the construction or repair r_
of a public building or public work, may not submit bids on leases of real property to public .2
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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 0
CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the
.2
convicted vendor list." 0
I have read the above and state that neither Czr6i Cois � a,o, E
3:
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list withint6e last Cn
thirty-six (36) months.
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(Signature)
Date:
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STATE OF: Pt"UNA,(It
COUNTY OF: vwm,V L)
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Subscribed and sworn to (or affirmed) before me on the 1(—Ild-ay ofs,�.l--- 0
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20 by u (name of aff iant). He/C is p ,rs'ona4
� ,66wVa me or has produced (type of
36—n0fication) as identification,
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�iBERLY S.ME HEGAN
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. My COMMISSION
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My Commission Expires: EXPRES':April 19,2021 0
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PROPOSAL FORM 00120-Page 32 of 298
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SUBCONTRACTOR LISTING FORM
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Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address
�rn�.d 730 �"d Ate-, woad
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PROPOSAL FORM 00120-Page 33 of 298
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SECTION 00130
INSURANCE REQUIREMENTS AND FORMS
MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES
General Insurance Requirements for
Construction Contractors and Subcontractors
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Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in the attached schedules, which are made part of this contract. The Contractor will o
ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the
Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance
consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work,
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and
time, except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in any attached schedules. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
had not been suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor will be held responsible for all deductibles and self-insured retentions that may `�
be contained in the Contractor's Insurance policies. U)
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, 0.
either:
• Certificate of Insurance or
• A Certified copy of the actual insurance policy.
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The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
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All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
INSURANCE REQUIREMENTS AND FORMS 00130-Page 34 of 298
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The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured"on all policies, except for Workers' Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on all policies
covering County-owned property.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
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INSURANCE REQUIREMENTS AND FORMS 00130-Page 35 of 299
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LOWER KEYS SCENIC HIGHWAY VIEWING AREA
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: LOWER KEYS SCENIC HIGHWAY VIEWING AREA
(BETWEEN
MONROE COUNTY, FLORIDA
AND
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Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes and the requirements of Florida Statutes, Chapter 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
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Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized
self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may
be required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County. c0.
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PRE-PROPOSAL SUBSTITUTIONS 00140-Page 36 of 298
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LOWER KEYS SCENIC HIGHWAY VIEWING AREA
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: LOWER KEYS SCENIC HIGHWAY VIEWING AREA
BETWEEN
MONROE COUNTY, FLORIDA
AND
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Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum: a.
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
The minimum limits acceptable shall be:
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$1,000,000 Combined Single Limit (n
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An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County. @
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The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements. a.
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PRE-PROPOSAL SUBSTITUTIONS 00140-Page 37 of 298
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LOWER KEYS SCENIC HIGHWAY VIEWING AREA
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
LOWER KEYS SCENIC HIGHWAY VIEWING AREA
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum, cis
liability coverage for:
• Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
$500,000 per Person
$1,000,000 per Occurrence
$100,000 Property Damage
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The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
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BIDDER 'S INSURANCE AND INDEMNIFICATION STATEMENT
PRE-PROPOSAL SUBSTITUTIONS 00140-Page 38 of 298
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INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease c
Policy Limits
$1,000,000 Bodily Injury by Disease,
each employee
General Liability, including $1,000,000 Combined Single Limit 0
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Vehicle Liability (Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit
If split limits are preferred:
$500,000 per Person
$1,000,000 per Occurrence
$100,000 Property Damage
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Builder's Risk: Required
The contract shall require a Public Construction bond equal to the contract cost. The bond must
be issued by an A rated surety company doing business in the State of Florida.
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Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements
prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the
COUNTY and the COUNTY's elected and appointed officers and employees harmless from and c
against(i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, `�
appellate proceedings, or other proceedings relating to any type of injury (including death), loss, U)
damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be c0.
asserted against, initiated with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors
or other invitees during the term of this Agreement, (B) the negligence or recklessness, g
intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of
its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of
any of the obligations that it undertakes under the terms of this Agreement, except to the extent
the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents,
contractors or invitees (other than Contractor). The monetary limitation of liability under this
contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as
the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events
or circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
PRE-PROPOSAL SUBSTITUTIONS 00140-Page 39 of 298
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In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor s failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all U
losses occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
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The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
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FDOT INDEMNIFICATION (n
To the fullest extent permitted by law, the Agency's contractor shall indemnify and hold
harmless the Agency, the State of Florida, Department of Transportation, and its officers and a.
employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful
misconduct of the contractor and persons employed or utilized by the contractor in the
performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's
sovereign immunity. 2
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PROPOSER'S STATEMENT (n
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1 understand the insurance that will be mandatory if awarded the contract and will comply in full e
with all of the requirements herein. I fully accept the indemnification and hold harmless and duty
to defend as set out in this proposal.
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BIDDER � a25 Signature 71 7,7
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0
I have reviewed the above requirements m4th the Proposer named above. The following
deductibles apply to the corresponding policy.
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POLICY DEDUCTIBLES
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CS17007427-01 1,000 E
5204070001917 0
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Liability policies are—X—Occurrence _Claims Made
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Kelly White&Associates Insuran, LLC
Insurance Agency
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End of Section 00120
PRE-PRO,POSAL SUBSTITUTIONS
00140-Page 41 of 298
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ACORO® DATE(MMIDolY M
CERTIFICATE OF LIABILITY INSURANCE 09/18/2018
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(les)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 endorsements.
PRODUCER CONTACT HOUSE
Kelly White&Associates Insurance,LLC PHONE 904-880-8881 FAX
P.O.Box 350909 E-MAILADDRESS, kelly@kwhkeinsurance.com
INSURERS AFFORDING COVERAGE NAIC q
Jacksonville FL 32235 INSURER A: Capitol Specialty Ins Co
INSURED INSURER B: MAPFRE Insurance Company of Florida
Coral Construction Company INSURER C: Nautilus Insurance Company 0
PO BOX 500582 INSURER D: Wesco Insurance Company
INSURER E: Markel Specialty
Marathon FL 33050-0582 0
OVERAGES CERTIFICATE NUMBER: CORA1809181003482 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CAI
CERTIFICATE MAYBE 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 ADDLSUBR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1.000.000
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CLAIMS-MADE QOCCUR DPREMISES(En ocouffencei AM $ 100,0()0 `d
40
MED EXP(Any oneperson) $ 5,000
A CS17007427-01 10/31/2017 10/31/2018 PERSONAL aADVINJURY $ 1,000,000
GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000
X POLICY jEa LOC PRODUCTS-COMPIOPAGG 1,000,000
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO BODILY INJURY(Per person) $ 1,000,000
B 0 TOS X SCHEDULED 5204070001917 01/16/2018 01/16/2019 BODILY INJURY(Per accident) $ 1,000,000
AUTOS ONLY AUTOS r/)
X HIRED X NON-OWNED PROPERTY DAMAGE $ 1,000,000 U)AUTOS ONLY AUTOS ONLY
$
X UMBRELLA LIAR OCCUR EACH OCCURRENCE 1,000,000
C EXCESSLIAe HCLAIMS-MADE AN044660 10/31/2017 10/31/2018 AGGREGATE 1,000,000
DED I I RETENTION$ $ 0
WORKERS COMPENSATION X I PER TUTT �( OTH- USLBH 6006E
AND EMPLOYERS'LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE Y I N E.L.EACH ACCIDENT $ 1,000,000 0
D OFFICER/MEMBEREXCLUDED? NIA WWC3316817 12/12/2017 12/12/2018 U)
(Mandatary in NH) F.L.DISEASE-EA EMPLOYEE 1,000,000 0
Ii Yes,describe under 91
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1,000,000
Scheduled Equipment Only
E Contractors Equipment MKLM31M0050203 03/01/2018 03/01/2019
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Add[tlonal Remarks Schedule,may be attached If more apace Is required)
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Account#15306.George Steinmetz Contractor License#CBC044320 8 CFC045270
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CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Monroe County Building Department ACCORDANCE WITH THE POLICY PROVISIONS.
2798 Overseas Highway
AUTHORIZED REPRESENTATIVE
Suite 300
Marathon FL 33050 �.
m 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
Packet Pg. 78
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September 18, 2018
Lower Keys Scenic Highway Viewing, Area
A. List ofentity's shareholders with five percent (5%) or more ofthe stack:
1. Chelsea 1-yons ....... 100% �
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B. List ofofficers and directors of the entity:
1. George Steinmetz —President
?. Chelsea .Lyons -_ President/ Treasurer �s
3. Evan Lyons —Vice President/ Secretary
C. Relevant E",xperience: CO
- Please see next page �
D. NUmber of years entity has operated Linder its present n arne and any Prior names:
50 years
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136,2 107111 Street Gulf—Marathon, F1.33050
Phone. (305)394-07 7 M,E-mail: eruu•aieonstrrretioiiLd).yalloo.couuu
License: CBC 044320 Building
CFC 045270 Plumbing
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Lower Keys Seenic Highway Viewing ,area
Relevant k[x erience:
Coral Construction has been in operation fbr 50 years. We compe,titive[y bid and complete all
jobs; from residential, commercial, plumbing,;, roofing, general and marine construction.
List of Sitnilar Proiects: Cn
1 . Description: Install 225 1.F' of"PZ-27 sheet piles with concrete cap, remove 1,400 'elµ of
concrete docks and build new 1,400 SF wood franning, with composite decking; dock Ca
Location: Moat 1-louse Marina - 1.2399 Overseas Highway, Marathon, FL 33050 �
Contract: $1,800,000
Gates: February 2017 - August 201
Owner: Michelle Koby- 305-849-1142 2D
Engineer: Stirling & "Wilbur- Engineering Group -Br:iala Stirling;-941-929-1.552
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2. Description: remove and replace 120 wood pilings, build new 5,000 sq. ft. wood clock U
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marina, install 450 In. ft. of'seawall, enclose existing; boat ramp
Location: Dolphin Marina-2850,0 Overseas 1-lwy, little 'forch, F'1:., �
Contract: $805,000
Dates: June 2018 - present
Owner: Dolphin Marina -.Everett Atwell - 863-607-9496
Engineer: Glen Boe & Associates- Scan Kirwin - 305-743-9121
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3. Description: Installed 500 LF' of'vinyl sheet piles, 3,000 SF ofwood framing and decking
for docks, 2,000 SF" of6" thick sidewalk, placed 2001 LF of'rip rap C
Location: Oceans Edge Marina- 5950 Peninsular Ave., Key West, F1 33040 0
Contract: $2,000,000
Dates: October 2015 - December 2016
Owners,contact: Brian Botsford - 305-872-4734 0
Engineer: Weiler Engineering -941-5()5-1700
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1362 1.071"Street Gulf— Marathon, FL 33050
Phone: (305)394-0747—E-mail: coralconstr•rrctionf )yahoo.corrr
Licenses CBC 044320 Building
C FC'045270 Plumbing
Packet Pg. 80
4. Description. Installed 50 concrete Filings for 3 new hotel buildings, set 3 new modular
hotel buildings and hooked tip all new Plumbing, electric, and l IVAC built wooden
walkways, stair cases, and porches for 24 new double story hotel roorns laid new gravel
parking lets, planted landscaping; remodeled 20 existing rooms
Location. Coconut C"ay Resort—7196 Overseas Hwy, Marathon, FL 33050
Contract: $3,000,000
Dates: September 2016..-- April 2018
Owner, ;ling Rhyne—305-2 9-7672
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1362 10711'Street Gulf— Marathon, FL,33050
Phone: (305)394-0747—E-mail: coralcanstructiunt"o,,y ahoo.caru
License: C11C 044320 Building
CFC 045270 Plunihin
Packet Pg. 81
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References (Page 1 of 2)
1. Name: Chuck Lindsey
Title: 1' zLrathon City Manager
phone: 305-289-4130 0
Email: lindseycr"t)ci.riiarathoii.11.us
2. Name: George Garrett
Title: Deputy City Manager
Phone: 305-289-41 11 0
Email: aarCtt c ci.marathon.fl.us
3. Name: Clark Briggs CO
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Title. Monroe County Engineer
Phone: 305-295-4306
Email: brigag~s-elarH (, inonrueCOUnt)'-fl.gOV
4. Name: Doug Bradshaw
Title: Port & Marina Services Director—City ol'l ey West �
Phone: 305-809-3792 (n
En.iail: dbracisllaw(,' cityoflceywest-11.ggov
5. Name: George Neug ent
Title: County C orninissioner
Phone: 305-872-1678
Email: boccclis2C"ci),,riiunroecoLinty-lf.gov
0.
6. Name: Michelle Koby
Title: Koby Inc. Owner
Phone: 05-743-87 4
Email: micbelle(i?,kobyinc.com
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7. Name: David Tice
Title: County C,ruinnissioner
Phone: 305-289-6000 U
Email: baecclis4(4,�iitonroccouiity-fl.g ov �
1362 1071"street Gulf-Marathon, FL 33050
' ( 1 ( 1 - 4 . r alconstl•uctioll(a)ya lloo.coin
Phone: 3{M3 394-C1747 r., 1"a��; 3115 7 F-u��al �.�„
C'UC 044320 Building
CFC 04 270 Pluanbing
Packet Pg. 82
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References Pa 2 of 2 U
C_
K Naive: Patty Ivey
"Title: F O'1' D rector Maintenance (retired) U)
Phone: 305-481 00,60 0
Email: pattyivey(i)belIs uth.net �
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9, Name: Anthony Knott
Title: Fort Zachary Taylor Manager
Phone: 305-292-6 50 �
Fnnail: A.nthony.knott(,dep.state.tl.usCL
10. Name: John Hunt
Title: FWC Research Director
Phone: 305-289-2330
Email:john.hunt(i my8wc,.co
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1362 107111 Street C:.uulf—Marathon„ FL 33050
Phone: (305)394-0747 w Fax: (305) 735- 456—'E-mail:coraiconsti-uction��a� Fatioou�.corni.
CBC 044320 Btd1din4
CFC 045270 Phuurubin4
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Credit References
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1. Marathon, Lumber
(305) 743-3688 C
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11401 1" Avenue (gulf, Marathon, Ft., 33050
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2. Fastenaal
(305) 743-2658
531 107"' Street Gulf, Marathon, FL 330,50 Cn
3. Sunbelt Rentals IL
(305) 743-600() Ca
76013 Overseas 1lwy, Marathon, FL 33050 �
4. F crest 'rek Lumber
(305) 852-4300
2D
88521 Overseas Hwy, Tavernier, I-L 33070
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5. First Bankate Ba .� U
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(305) 289-4393
6900 Overseas Hwy, Marathon, Fl- 33050 �
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1362 107111 Street Culf—Marathon, FL 33050
Phone. (305)394-0747—E-mail: coralconstructionk ahna.com
License: C BC;044320 Building
C FC 04527t1 Plumbing
Packet Pg. 84
11:36 35 AM 9117120 18
Licensee Details
Licensee Information
Narne: STEINMETZ, ARNOLD GEORGE JR (Primary Name)
CORAL CONSTRUCTION COMPANY (DBA Name) 0
Main Address: 1362 10,7 TH STREET GULF
0
PO BOX 500582
MARATHON Florida 33050
COLJinty: MONROE U)
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License Mailing:
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LicenseLocabon 1080 6TH AVE GULF
MARATHON FL 33050as
County: MONROE IL
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License Information
License Type: Certified 18uilding Contractor <
Rank: Cert Building
License Number: CBC044320
2D
Status: Current,Active >
.2
Licensure Date: 06/15/1988
Expires: 08/31/2020
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Special Qualifications Qualification, Effective,
Construction Business 05/26/2004
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do not send do mai@ Lo this erWy. Instead,ccwOocl Ulu office by Phone cart�(racfitioncii rniui. If YCLJ avo artycoMact
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9/17/2018 DBPR-STEINMETZ,ARNOLD GEORGE JR; Doing Business As:CORAL CONSTRUCTION COMPANY,Certified Plumbing
9:04!40 PM,91t712018
Licensee Details,
Licensee Information
Name: STEINMETZ, ARNOLD GEORGE JR (Pri'mary Name) cu
CORAL CONSTRUCTION COMPANY (DBA Name)
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Main Address: 1362 107 TH STREET GULF
PO BOX 500582
MARATHON Florida 33050
County: MONROE
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License Mafling:
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LicenseLocadon: 1362 107TH ST GULF
MARATHON FIL 33050
County: MONROE
(L
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License Information
License Type: Certified Plumbi'ng Contractor
Ralik: Cert Plumbing
License Nuniber: CFC045270
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Status: Current,Active >
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LicenSUre Date: 11/01/1988
Expires: 08/31/2020
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Special Qualifications Qualification Effective
Construction Business 04/13/2017'
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26,01 Weir Stolle Road,Taflahassee FL 32399 Email: CLlstorner Contact Center Customer contact center� 8,50A87,13913
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Dqpi�,IrtAjj,'?M with an ernad addrm;' s if lhr y lmve one, Hw eryiail, may be used fans offwol cormilunicatmn uvlth dle hcensoe.
Hovyen/ei ernad addrersu-,ai ry public occrai(L H volij dc�vicA wish W suptAy a pemnal add ess' piease pawide the lrir,Ipdrtrnew� VvWi an innall
addiess Much can be made avadlahte Ra (be pi[il)lk.
Packet Pg. 86
httpsl//www.myflaridaliceri:se,coi,n/LicenseDetail.asp?SlD=&id=DA53DDD5BlO7F36531FIC9E8CBCCF473
C.1.c
2018 / 2019
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2019
RECEIPT# 30140-111500
Business Name: CORAL CONSTRUCTION COMPANY
U
Owner Name: ARNOLD G AND CHELSEA STEINMETZ IR Business Location: 1326 1 GULF
Mailing Address: MARATHON 1326 ,, F FL L 33050
PO BOX 500582 Business Phone: 305-797-5945
MARATHON, FL 33050 Business Type: CONTRACTOR(CERTIFIED BUILDING AND
PLUMBING)
Employees 2
STATE LICENSE: CBC044320 CFC045270
Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid
20.00 0.00 20.00 1 0.00 1 0.00 1 0.00 20.00
Paid 000-17-00023084 07/09/2018 20.00
°
THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. D
WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL
COUNTY AND/OR E
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS.
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MONROE COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041-1129
EXPIRES SEPTEMBER 30, 2019
Business Name: CORAL CONSTRUCTION COMPANY RECEIPT# 30140-111500 U
1326 107TH ST GULF
Business Location: MARATHON, FL 33050
Owner Name: ARNOLD G AND CHELSEA STEINMETZ IR U
Mailing Address: Business Phone: 305-797-5945
PO BOX 500582 Business Type: CONTRACTOR(CERTIFIED BUILDING AND
MARATHON, FL 33050 PLUMBING)
Employees 2
STATE LICENSE: CBC044320 CFC
Tax Amount Transfer Fee I Sub-Total Penalty Prior Years Collection Cost Total Paid
20.00 0.00 20.001 0.00 0.00 1 0.001 20.00
Paid 000-17-00023084 07/09/2018 20.00
Packet Pg. 87
LOWER KEYS SCENIC HIGHWAY VIEWING AREA
SECTION 01770
ATTACHMENT A
0
LAP CERTIFICATION OFCLIRRENTCAPACITY 0
CONFIDENTiAL
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For bids to be received on Fill in your PDOT Vendor Number
IL
(I eiting Date) VF o _�t 3 Lf 3 0 0 0-
(Only applicable to FOOT pre-qualJied contractors)
CERTIFICATE
2D
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) 6 coo
I further certify that the ",Status of Contracts on Hand"report(page 2)was prepared as follows:
0
1 If the letting is before the 25"clay of the moth the certificate and report reflect the uncompleted work as of the 15'h
day of the month, last preceding the month of the letting. U)
0
CL
Z if the letting is after the 25th day of the month,the certificate and report reflects the uncompleted work In progress as of the 151hday of the month of the letting IL
3, Ali new contracts(and subcontracts)awarded earlier than live days t*fore the letting date are included in the report
and charged against our total rating
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I certify that the information above is correct NAME OF FIRM
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Sworn to and 5utrscribed this 11�„clay
Of 20 ty-Be", cu 41 E
-, -- M'—KEdI M—hB��E"R LLyY
S.MEHEGAN n
Title7Y C0MMISSION#GG UN5855
XPIRES:Aprll 19,2021
yn", ublIcUnderwrAw
0 1 770-Page 271 of 298
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.'TATr or r I OGiLa CXPAPTWUT Or iRAIJJF RTAT I0?I
B
can'-uRELWNT
ID OPPORTUNITY LIST FOR COMMODITIES&CONTRACTUAL 011M
SERVICES
�OII �� o Prime Contractor. C
Address/Phone Number. Ro 90K 33u so
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Procurement Number:
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49 CFR Part 26.11 The list is intended to be a listing of all firms that are participating,or attempting to participate,on r_
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DOT-assisted contracts.The list must include all firms that bid on prime contracts,or bid or quote subcontracts and 0
supplies materials on DOT-assisted projects,including both DBEs and non-DBEs.This list must include all subcontractors
contacting you and expressing an interest in teaming with you on a specific DOT-assisted project.Prime contractors must 2
provide information for Numbers 1,2,3 and 4,and should provide any information they have available on Numbers 5,6, C
and 7 for themselves,and their subcontractors.
1. Federal Tax I Nu ber: 2o'O�(3 3- 6. f DBE 7. Annual Gross Receipts
2. Firm Name: .� Non DBE ❑Less than$1 million
3. Phone: 3oS - q —O7q) Between$1 -$5 million
4. Address: 1pir,% 95115 CbQfJEA ❑Between$5-$10 million
trVl40Mk L 130so ❑Between$10-S15 million
❑More than$15 million ca
5. Year Firm Established:
1. Federal Tax ID,Number: 6S'- 0 b 5`3g9 I 6. ❑DBE 7. Annual Gross Receipts
2. Firm Name: i'oi�"cla.KevS We Zi r.tr- ❑Non-DBE ❑Less than$1 million
3. Phone: 1103"— X G Yoh fr ❑Between S1-$5 million �
4. Address: v 7�++s ❑Between$5-$10 million
e+N W t.,s , F 1.- -3-50 H O ❑Between$10-$15 million >
❑More than$15 million E
5. Year Firm Established: U
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1. Federal Tax ID Number: 6. ❑DBE 7. Annual Gross Receipts
2. Firm Name: ❑Non-DBE ❑Less than$1 million
3. Phone: ❑Between$1-$5 million
4. Address: ❑Between S5-$10 million
❑Between$10-S15 million
❑More than$15 minion C
5. Year Firm Established:
in
C
1. Federal Tax ID Number: 6. ❑DBE 7. Annual Gross Receipts rL
2. Firm Name: ❑Non-OBE ❑Less than$1 million
3. Phone: ❑Between$1-$5 million
4. Address: ❑Between$5-$10 million r_
❑Between$10-S15 million C
❑More than$15 million U
5. Year Firm Established: in
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AS APPLICABLE,PLEASE SUBMIT THIS FORM WITH YOUR: BID SHEET(Invitation to Bid—ITS) 0
PRICE PROPOSAL(Request for Proposal—RFP)
REPLY(Invitation to Negotiate—ITN)
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ATTACHMENT A 01770-Page 278 of 298
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 37,M3;
CERTIFICATION REGARDING DEBARMENT,SUSPENSION, PROCUREMENT
INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspended,proposed for debarment,declared U
ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency.
Name of Consultant/Contractor Co r-4 COA-5-b'i t C_h`an
By: ( 1r d,_,P a !V wl5
Date: Q i 7 f l8'
Title: a S ur-e—r _
Instructions for Certification
Instructions for Certification-Lower Tier Participants:
(Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to
cost$25.000 or more-2 CFR Parts 180 and 1200)
a.By signing and submitting this proposal,the prospective lower her 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 andfor 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 her participant leams that its certification was erroneous by reason of changed circumstances.
rm
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 2D
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 rime or general contractor),"Lower Tier Participant"refers an( p g ) pa y participant who has entered into a U)
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 her 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 91
$25,000 threshold.
IL
g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower her 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 websile us
(htlps:/Mrww.epls.gov1),which is compiled by the General Services Administration.
0
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 arininated may rxirmse availablA ramadieS includinn susnension anrllnrdAlvirmant
ATTACHMENT A 01770-Page 279 of 298
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e
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376-CM33
PROCUREMENT
1001
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:
�s
(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 �s
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 2D
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
0.
a civil penalty of not less than $10,000 and not more than$100,000 for each such
failure. IL
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: �e.lSeko� �v� ( CanS� Q� Cor��.�y U
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By: Date: 9 I? L Authorized Signature
Title:T�e.5a 4— 17_regA uree
ATTACHMENT A 01770-Page 280 of 298
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:.ATE OF FLOF?ADFF.;RTMF/IT OF TPpryf,r`pATAT K;tI 3iiL'3Ja�
F'F'UiUi:LtALNI
DISCLOSURE OF LOBBYING ACTIVITIES �„� 0
Is this form appl' k!to your firm?
YES❑ NO JA
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.bidfofferlapplication a.initial filing
b.grant b.initial award b.material change U
c.cooperative agreement c.post-award For Material Change Only:
d.loan Year: Quarter: 2
e.loan guarantee Date of last report:
f.loan insurance (mmldd/yyyy)
4.Name and Address of Reporting Entity: 5.If Reporting Entity in No.4 is a Subawardee,Filter Name and
Prime ❑ Subawardee Address of Prime:
Tier if known:
C6�'a Ce k& o rs o,., a"
a
Conmessional District if known:4c Conctressional District if known:
6.Federal Department/Agency: 7.Federal Program NamUDescription:
CFDA Number,if applicable:
a
i3 Federal Action Number,if known: 9.Award Amount,if known D
$ .
10.a.Name and Address of Lobbying Registrant b.Individuals Performing Services(including address if
(if incOvidual,last name,first name.Ml): different Iron Ald 10a) f!5
(last name,first name,MI): U)
0
11.Information requested through this form is authorized by title 31
U.S.C.section 1352.This disclosure of lobbylog adivdies is a Signature:
material representation offect upon which reliance was placed ,,
by the tier above when this transaction was made or entered print Name: C.�'s2.t S��w W owl S
into.This disclosure is required pursuant to 31 U.S.C.1352.
This information will le evadable for public inspection.Any P / l�Q cd�� 91
person who falls to file the required disclosure shall be subject Titi@; t C,Sr r/
to a dW penally of nat less than$10,000 and not more than IL
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$100,000 for each such failure. Telephone No.:3QT-3 a7paf d rl e(mmlddlyyyy}:
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Federal Use Only: Authorized for Local Reproduction
Standard Form LLL(Rev.7.97)
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ATTACHMENT A 01770-Page 281 of 298
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STATE OF FI ORDA DFPARTMFNT OF TRANSPORTATION 575 0601.1
NON-COLLUSION DECLARATION AND ar.:"'v~WAY
oval
COMPLIANCE WITH 49 CFR§29
ITEM/SEGMENT NO.:
F.A.P. NO.:
MANAGING DISTRICT:
PARCEL NO.: g
COUNTY OF:
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BID LETTING OF:
I, CYtP_�5ee. Wass
hereby declare that I am
(NAME) U
?re st'den-1— "rrP t_uArt Of Core-' I CC/7 S4-rr lcft'an (0^P_4_'r y
(TITLE) (FIRM)
of 11/1arrcu4+1ail „ rL
(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. IL
1 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.
a
2. Neither the price(s)nor the amount of this bid have been disclosed to any other firm or person who is a D
bidder or potential bidder on this project,and will not be so disclosed prior to the bid opening.
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3. No attempt has been made or will be made to solicit,cause or induce any other firm or person to refrain from 0
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 (n
other form of complementary bid.
0
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.
3
0
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. CL
0
6. My firm has riot accepted or been promised any subcontract or agreement regarding the sale of materials or IL
services to any firm or person,and has not been promised or paid cash or anything of value by any firm or person, rm
whether in connection with this or any other project,in consideration for my fimYs submitting a complementary bid,or
agreeing to do so,on this project.
7. 1 have made a diligent inquiry of all members,officers,employees,and agents of my firm with responsibilities
relating to the preparation,approval or submission of my firm's bid on this project and have been advised by each of them
that he or she has not participated in any communication,consultation,discussion,agreement,collusion,act or other
conduct inconsistent with any of the statements and representations made in this Declaration.
U
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(l)(a),Florida Statutes),
and all directors,officers,and employees of the firm and its affiliates for violation of state or federal antitrust laws with
respect to a public contract or for violation of any state or federal law involving fraud,bribery,collusion,conspiracy or
material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees
of the firm or affiliates who were convicted of contract crimes while in the employ of another company.
ATTACHMENT A 01770-Page 284 of 298
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9, d certify thal,except as noted below, neither my firm nor any person assoclated therewith in the capacity of
owner,partner, &ector,officer, principal, Investigator, project director manager,auditor, and/or position involving the.
administration of Federal!WrTdS: 0
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(a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded r_
0
from covered transactione, as defined In 49 CFR§29.110(a),by any Federal department of agency,
(b) has within a three-year period preceding this certification been convicted of or had a civil judgment
Tendered agaiiist hire or her for, coinnission of fraud Of a criminal offense in corinection with obtaining, U)
attempting to obtain,or performing a Federal,State or local government transaction or public contract" 0
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, as
0
(c) is presently indicted for or otherwise oriminafly or civilly charged by a Fpderal, State or local Z:
governmental entity with commission of any of the offenses enumerated in paragraph 9(b)of this E
certification,and
(d) has within a three-year period preceding this certification had one or more Federal,:Stale or local
government public transactions terminated for cause or default
as
10. I(We) certify that I(We),shall not knGyvingl[y enter into any transaction with any subcontractor, materjat
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 Departrilent M
Where I am unable,to declare or certify as to any of the statements contained in the above stated paragraphs
numbered(1)through(10), 1 have provided an expbriation in the"Exceptions"portion below or by attached separate
sheet,
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EXCEPTIONS
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;;Any exception listed above will not necessarily result In del of award, but will be considered in determining '@
badder responsibility, For any exception,noted, indicate to whom it applies„initiating agency and dates of agency action. U)
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Providing false information may result m criminal prosemition and/or administrative sanctions.) 0.
0
I declare under penalty of perjury that the foregoing is true and correct
CONTRACTOR (Seal) .2
B Cke 15ek LV0/?_5 Pre5i8�'IDOCcU-rf—WITNESS� L—U,
PJA�JWAND TITLE PRINTED U)r_
By� VVITNES& 0
SIGNA4T
KIMBERLY S.
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Executed on this day of My G()
D ep MMISV(,444
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