02/10/2020 Agreement ATTACHMENT D.6
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LF..SS THAN$50,000.00
Contract with Marathon 8leetnc Sign ec,tagltt ine Contract#N/A _
.....m ,a�..,.Effective Date. ®2/5/202Q
- ��
Expiration Date: 6/4 20)0'
Contract Purpose/Description:
On September I O 20I7 Hur cane Irma made land& in the Florida Kc sue.As a result*
venous raadwa thrau out'Manroe Coun sustained dam es Severn 7 atraet 1i is
al ongthe'sharedath on Duck KerDnveDua airs
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Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager:Mana Judith Clarke' 4329 �E�� ��'n�eernte#1
g
(Name) (Ext.) (Department/Stopm#)
CONTRACT COSTS
Total Dollar Value of Contract: $ 14,710.00 Current Year Portion: $
(must be less than S50,000) (Irmulhyuu agreement then
requires BOCC approval,unless the
uem9 c:aAuuaa$MVC suor,aaafla las ¢laaru
r6U,�UCbQD 00)
Budgeted? Yes X No ❑ Account Codes: -
Grant: $ 12,850.,00 125-64 99110�-IRPG6402
atch:County M $ 1 860 00 - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ m/yr For: N/A ..............................................
Not included in dollar value above' (e.g.maintenance,utilities, 'anitorial,salaries.etc.'
CONTRACT REVIEW
Changes Date Out
C)atq In Need ev, r
Department I lead Aj&
Ye
s❑ No
Risk Management 1 Yes❑No[;�'
(W411
O.M.B./Purchasing nes❑NoD�
County Attorney l Yes❑No14f w fq
Comments:
RECEIVED DEC 26 2019
L v� dogr.
Pugh KeY Shared Ilse Path l.itthtin Rcnair
Section 00500
Standard Form of Agreement
Between Owner and Contractor
Where the basis ofpayment is a STIPULATED SUM
AGREEMENT
Made as of the Loth day of F.i rua¢' in the year of Two Thousand and Twenty,
BETWEEN the Owner: Monroe County Board of County Commissioners(`BOCC")
1 100 Simonton Street
Key West, Florida 33040 ("Owner")
And ITthe Contractor: Marathon Electric Sign and Light, Inc.
10690 Aviation Blvd
("Contractor") Marathon,FL 33050
Forth. followi-r - , .,u.a S— ��._._.. . ,-i— ........i _._._......................' „. ,.,.
g Project. Duck Key Shared Use Path Lighting Repair Project
Duck Key Drive
Monroe County, Florida ("Project')
The Owner and Contractor agree as set forth below,
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Dnck Kcv Shared Usc Path l.ishtina Rcnair
ARTICLE I
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract(General, Supplementary
and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone
Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement,
other documents listed in this Agreement and Modifications issued after execution of this Agreement.
These form the Contract, and are as fully a part of the Contract as if attached to this Agreement or
repeated herein. The Contract represents the entire and integrated agreement between the parties hereto
and supersedes prior negotiations,representations or agreements,eitherwritten or oral.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent
specifically indicated in the Contract Documents to be the responsibility of others,or as follows:
Scope of Work is as specified in the Contract Documents, and shown on the Drawings and in the
specifications. The contract constitutes the entire and exclusive agreement between the Owner and the
Contractor with reference to the Duck Key Shared Use Path LielrtineReLair Proiect.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is
measured, and shall be the date of this Agreement,as first written above, unless a different date is stated
below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in
Section 00350, milestone schedule. Unless the date of commencement is established by a notice to
proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than five days
before commencing the Work.
The date of commencement shall be the date specified in the Notice to Proceed issued to the
Contractor.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
120 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided by
the Contract Document.
Balance of Page Intentionally Left Blank
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LIQUIDATED DAMAGES
Liquidated damages will be based on the Substantial Completion Date for all work, modified by all
approved extension in time as set forth by the Owner's signature of approval on the Certificate of
Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of
liquidated damages.
Original Contract Amount Daily Charge Per Calendar Day
$50,000 and under.............................................................$956
Over$50,000 but less than$250,000.................................. $964
$250,000 but less than$500,000......................................$1,241
$500,000 but less than $2,500,000................................... $1,665
$2,500,000 but Iess than$5,000,000................................. $2,712
$5,000,000 but less than$10,000,000............................... $3.447
$10,000,000 but less than$15,000,000............................. $4,866
$15,000,000 but less than $20,000,000.............................$5,818
$20,000,000 and over....................... $9,198 plus 0.00005 of any
amount over$20 million(Round to nearest whole dollar)
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.
Uncontrollable Circumstance
3.3 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;(cach, a "Uncontrollable
Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of
materials, components, or services, market conditions, or supplier actions or contract disputes will not
excuse performance by Contractor under this Section. Contractor shall give County written notice within
7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance,
and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts
to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are
minimized and resume full performance under this Agreement.The County will not pay additional cost as
a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for
such reasonable time as the Owners Representative may determine.
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ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the
Contract, for the Duck Key Shared Use Path Liahtine Repair Proicct the
Contract Sum of Fourteen Thousand Seven Hundred Ten DOLLARS, ($14.,710.00), subject
to additions and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any,which are described in the
Contract Documents and are hereby accepted by the Owner: None
4.3 Unit prices, if any,are as follows: As specified in Section 00110.
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon
Project Applications and Certificates for Payment, the Owner shall make progress payments on account
of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending on the
last day of the month.
5.3 County shall pay pursuant to the Focal Government Prompt Payment Act 218.70 Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the
Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire
Contract Sum among the various portions of the Work and be prepared in such form and supported by
such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the
Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work
as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall
be computed as follows:
5.6.1 'rake that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum
allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent (10%).
Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute may be
included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner
for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as
confirmed by the Owner. When both additions and credits covering related Work or substitutions are
involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if
any,with respect to that change.
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5.6.2 if approved in advance by the County add that portion of the Contract Sum properly allocable to
materials and equipment delivered and suitably stored at the site for subsequent incorporation in the
completed construction(or, if approved in advance by the Owner,suitably stored off the site at a location
agreed upon in writing),less retainage of Ten percent(10%):
5.6.3 Subtract the aggregate of previous payments made by the Owner;and
5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment
as provided in Paragraph 9.5 of the General Conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further
modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work,a sum sufficient to increase the total payments to
h[joety percent(90%)of the Contract Sum, less such amounts as the Owner recommends and determines
for incomplete Work and unsettled claims;and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General
Conditions.
5.8 Reduction or limitation ofretainage, if any,shall be as follows: None
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to
the Contractor when (1) the Contract has been fully performed by the Contractor except for the
Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the
General Conditions and to satisfy other requirements, if any, which necessarily survive final payment:and
(2) a final Project Certificate for Payment has been issued by the Project Manager: such final payment
shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for
Payment.
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another
Contract Document,the reference refers to that provision as amended or supplemented by other
provisions of the Contract Documents.
7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government
Prompt Payment Act 218.735
7.3 Temporary facilities and services:
None.
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I)ttr.�€Cc 5hgr 11s�Nth I.i�htin ftc it
7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Board of County Commissioners.
i
7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of
this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes).
Violation of this section shall result in termination of this Agreement and recovery of all monies paid
hereto,and may result in debarment from County's competitive procurement activities.
In addition to the foregoing, Contractor further represents that there has been no determination,
based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida
Statutes, as a "public entity crime" and that it has not been formally charged with committing an act
defined as a"public entity crime"regardless of the amount of money involved or whether Contractor has
been placed on the convicted vendor list.
Contractor will promptly notify the County if it or any subcontractor is formally charged with an
act defined as a"public entity crime"or has been placed on the convicted vendor list. A person or affiliate
who has been placed on the convicted vendor list following a conviction for public entity crime may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity,may not be awarded or perform work as contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
7.6 The following items are part of this contract:
a) Maintenance of Records: CONTRACTOR shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of seven years from the termination
of this agreement or for a period of three years from the submission of the final expenditure report as per
2 CFR §200.333, whichever is greater. The period of retention is 5 years from final payment for FHWA
projects. Each party to this Agreement or its authorized representatives shall have reasonable and timely
access to such records of each other party to this Agreement for public records purposes during the term
of the Agreement and for four years following the termination of this Agreement. If an auditor employed
by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement
were spent for purposes not authorized by this Agreement, or were wrongfully retained by the
CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to
Sec. 55.03,of the Florida Statutes,running from the date the monies were paid by the COUNTY.
b)Governing Law,Venue,Interpretation,Costs,and Fees: This Agreement shall be governed
by and construed in accordance with the laws of the State of Florida applicable to contracts made and to
be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in
the appropriate court or before the appropriate administrative body in Monroe County, Florida. This
Agreement shall not be subject to arbitration.
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Duck Key Shared pa Ld ftL1 ftc sir
c) Severability: If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person)shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of
this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
d) Atiorney's Fees and Costs: The County and Contractor agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and
court costs,as an award against the non-prevailing party,and shall include attorney's fees and courts costs
in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required
by the circuit court of Monroe County.
c)Binding Effect: The terms,covenants,conditions,and provisions of this Agreement shall bind
and inure to the benefit of the County and Contractor and their respective legal representatives,
successors,and assigns.
f) Authority: Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and corporate action,
as required by law.
g) Claims for Federal or State Aid: CONTRACTOR and COUNTY agree that each shall be,
and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each
party.
h) Nondiscrimination/Equal Employment Opportunity: CONTRACTOR and its
subcontractors and COUNTY agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that discrimination
has occurred,this Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but
are not limited to: 1) Title Vll of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2)Title IX of the Education Amendment of
1972, as amended(20 USC ss. 1681-1683,and 1685-1686),which prohibits discrimination on the basis of
sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC
ss. 6I01-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972(PI,92-255),as amended,relating to nondiscrimination on the basis of drug abuse;
6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616),as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss, 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vlll of the Civil
Rights Act of 1968(42 USC s.et seq.),as amended,
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relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which
prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of, this
Agreement.
During the performance of this Agreement,the CONTRACTOR,in accordance with Equal
Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to
Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office
of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor), See 2 C.F.R.Part 200, Appendix 11,¶C,agrees as follows:
I) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin.The contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to
their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
2) The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation,gender identity,or national origin.
3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information of
other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who
do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation,
proceeding,hearing,or action, including an investigation conducted by the employer,
or is consistent with the contractor's legal duty to furnish information.
4) The contractor will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice
to be provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under section 202 of Executive Order
11246 of September 24, 1965,
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5) and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
6) 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.
7) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor,or pursuant thereto,and will permit access to his books, records,
and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules,regulations,and orders.
8) In the event of the contractor's non-compliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor,or as otherwise provided by law.
Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September
24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
i) Covenant of No Interest: County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
j) Code of Ethics: County agrees that officers and employees of the County recognize and
will be required to comply with the standards of conduct for public officers and employees as delineated
in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts;
doing business with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
k) No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it
has neither employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely for it,any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the
County shall have the right to terminate this Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
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I) Public Records Compliance: Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and
inspection of,all documents,records, papers, letters or other"public record"materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Contractor in conjunction with this contract and related to contract performance. The County
shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor.
Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this
contract and the County may enforce the terms of this provision in the form of a court proceeding and
shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with
that proceeding.This provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order
to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract,the Contractor is required to:
(1) Keep and maintain public records that would be required by the County to perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the contract term
and following completion of the contract if the contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the County to
perform the service. if the Contractor transfers all public records to the County upon completion of the
contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and maintains public records
upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public
records.All records stored electronically must be provided to the County, upon request from the County's
custodian of records, in a format that is compatible with the information technology systems of the
County.
(5) A request to inspect or copy public records relating to a County contract must be made directly
to the County, but if the County does not possess the requested records, the County shall immediately
notify the Contractor of the request, and the Contractor must provide the records to the County or allow
the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall enforce the
public records contract provisions in accordance with the contract, notwithstanding the County's option
and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant to a valid public records
request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN MONROEC UNTY-FL.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12W
Street,SUITE 408,KEY WEST,FL 33040.
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m) Non-Waiver of Immunity: Notwithstanding the provisions of See. 768.28, Florida
Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the County be required to contain any provision for waiver.
I
n) Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules, pensions and relief, disability, workers' compensation, and
other benefits which apply to the activity of officers, agents, or employees of any public agents or
employees of the County, when performing their respective functions under this Agreement within the
territorial limits of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers,agents, volunteers, or employees outside the territorial limits of the
County.
o) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of actual and
timely performance thereof by any participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to
the extent permitted by the Florida constitution,state statute,and case law.
p) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and the
Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either
shall have the authority to inform,counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart,
inferior to,or superior to the community in general or for the purposes contemplated in this Agreement.
q) Attestations: Contractor agrees to execute such documents as the County may
reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
r) No Personal Liability: No covenant or agreement contained herein shall be deemed to
be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
s) Execution in Counterparts: This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall constitute
one and the same instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
t) Section Headings: Section headings have been inserted in this Agreement as a matter of
convenience of reference only,and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
u) Special Conditions,if any are detailed in Section 01000 of the Project Manual for this
Project.
5/2/19 CONTRACT DOCUMENTS 00500- l 1
I] � l��v 5 � tl lei I®tetene I �i
v) Hold Harmless and Indemnification: Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall
defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and
employees, and FDOT harmless from and against (i) claims, actions or causes of action, (ii) litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury
(including death), loss,damage, line,penalty or business interruption,and(iii)costs or expenses that may
be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and
appointed officers and employees from liabilities damages, losses and costs, including but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful
misconduct of the Contractor and persons employed or utilized by the indemnifying party in the
performance of the construction contract. The monetary limitation of liability under this contract shall be
not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of
action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the
term of this Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended as a
result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall
indemnify the County from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided
for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within General Insurance Requirements Section 900. In the event any claims are
brought or actions are filed against the County with respect to the indemnity contained herein, the
Contractor agrees to defend against any such claims or actions regardless of whether such claims or
actions are rightfully or wrongfully brought or filed.The Contractor agrees that the County may select the
attorneys to appear and defend such claims or actions on behalf of the County. The Contractor further
agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by those attorneys selected
by the County to appear and defend such actions or claims on behalf of the County at both the trial and
appellate levels. The County at its sole option, shall have the sole authority for the direction of the
defense,and shall be the sole judge of the acceptability of any compromise or settlement of any claims or
actions against the County.
FDOT INDEMNIFICATION
To the extent provided by law, the Contractor shall indemnify, defend and hold harmless the COUNTY
and the State of Florida, Department of Transportation, Including the Department's officers, agents and
employees,against any actions, claims, or damages arising out of, relating to, or resulting from negligent
or wrongful act(s) of the Contractor, or any of its officers, agents, or employees, acting within the scope
of their office or employment, in connection with the rights granted to or exercised by the Contractor
hereunder,to the extent and within the limitations of Section 768.28 Florida Statutes.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set
forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by the
Contractor to indemnify the COUNTY for the negligent acts or omissions of the COUNTY, its officers,
agents or employees, or third parties. Nor shall the same be construed to constitute agreement by the
Contractor to indemnify the Department for the negligent acts or omissions of the Department, its
officers, agents or employees, or third parties. This indemnification shall survive the termination of this
Agreement.
5/2/19 CONTRACT DOCUMENTS 00500- 12
Dugk Key Shared UseIes� 14i cCn F8c ar
The Contractor will include the above indemnification in any sub-contracts.
w) Adjudication of Disputes or Disagreements: COUNTY and CONSULTANT agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This Agreement is not subject to
arbitration. This provision does not negate or waive the provisions of paragraph 9.5 concerning
termination or cancellation.
x) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect
of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this
agreement after five(5)calendar days' written notification to the Contractor.
y) Cooperation: In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Agreement, County and
Contractor agree to participatc, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision of the
services under this Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
z) Insurance: Prior to commencement of work the Contractor will provide satisfactory
evidence of insurance as required in Specification Section 00900 General insurance Requirements for
Construction Contractors and Subcontractors. The Contractor shall name the Monroe County Board of
County Commissioners, its employees and officials and the FDOT as"Additional Insured"on all policies
except for Worker's Compensation.
aa) Inspector General: The Contractor agree to comply with s.20.055(5) Florida Statutes,
and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes."(5)It is
the duty of every state officer, employee, agency, special district, board, commission, contractor, and
subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or
hearing pursuant to this section."
7.7 Ownership or the Project Documents: The documents prepared by the Contractor for this Project
belong to the County and may be reproduced and copied without acknowledgement or permission of the
Contractor.
7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this
agreement, except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County, which approval shall be subject to such conditions and provisions as the Board may
deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract
and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to
the provisions of the immediately preceding sentence, each party hereto binds itself, its successors,
assigns and legal representatives to the other and to the successors, assigns and legal representatives of
such other party.
7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship,
contractual or otherwise,with or any rights in favor of,any third party.
7.10 The Contractor will provide copies of subcontractor agreements prior to execution to ensure that
the FDOT LAP contract provisions are included in these subcontractor agreements.
5/2/19 CONTRACT DOCUMENTS 00500- 13
DugkJLcy Shaa s�t�uttt I i rerl 1{bg�ia
7.11 FLORIDA DEPARTMENT OF TRANSPORTATION REQUIREMENTS The following forms
and provisions are incorporated herein and made a part of this contract LOCAL AGENCY PROGRAM
(LAP)REQUIREMENT(including Attachment A:Appendices A and E)
7.12 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and
provisions are incorporated herein and made part of this contract as Attachment B: FIIWA 1273.
Wage Rates for Federal-Aid Projects. For this Contract, payment of predetermined minimum wages
applies. The U.S. Department of Labor (USDOL) Wage Rates applicable to this Contract are listed in
Attachment C, as modified up through ten days prior to the opening of bids. Obtain the applicable
General Decision(s)(Wage Tables) through the Department's Office of Construction website and ensure
that employees receive the minimum compensation applicable. Review the General Decisions for all
classifications necessary to complete the project. Request additional classifications through the Engineer's
office when needed. For guidance on the requirements for the payment of wages and benefits and the
submittal of certified payrolls, and for general guidance and examples of multiple wage rates when
assigned to a Contract, refer to the Department's Office of Construction website. Questions regarding
wage rates and the applicability of wage tables should be submitted in accordance with Section 00100
Instruction to Bidders.
7.13 The CONTRACTOR and its subcontractors must follow the provisions as set forth in 2 C.F.R.
§200.326 Contract provisions and Appendix Il to 2 C.F.R. Part 200, as amended including but not limited
to:
i. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. §§1251-1387) and will reports violations to FIMA and the Regional Office of the
Environmental Protection Agency(EPA).
ii. Davis-Bacon Act: as amended (40 U.S.C. §§3141-3148). When required by Federal program
legislation, which includes emergency Management Preparedness Grant Program, Homeland Security
Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port
Security Grant Program and Transit Security Grant Program,all prime construction contracts in excess of
$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. §§3141-3144,
and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").
In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a
rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
In addition, contractors must be required to pay wages not less than once a week. The current prevailing
wage determination issued by the Department of Labor is included and attached as Attachment C. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The COUNTY must report all suspected or reported violations to the Federal awarding
agency. When required by Federal program legislation, which includes emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program,
Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant
Program (it does not apply to other FEMA grant and cooperative agreement programs, including the
Public Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback" Act
(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants
from the United States"). As required by the Act, each contractor or subrecipient is prohibited from
inducing, by any means, any person employed in the construction, completion, or repair of public work,
5/2/19 CONTRACT DOCUMENTS 00500-- 14
to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must
report all suspected or reported violations to the Federal awarding agency.
(I) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. §
3145, and the requirements of 29 C.F.R.pt.3 as may be applicable,which arc
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.
Wage Rates for Federal-Aid Projects(Section 7-16 of FDOT specifications).
For this Contract,payment of predetermined minimum wages applies.
The U.S. Department of Labor (USDOL) Wage Rates applicable to this Contract are listed in
Attachment C,as modified up through ten days prior to the opening of bids.
Obtain the applicable General Decision(s) (Wage Tables) through the Department's Office of
Construction website and ensure that employees receive the minimum compensation applicable.
Review the General Decisions for all classifications necessary to complete the project. Request
additional classifications through the Engineer's office when needed.
For guidance on the requirements for the payment of wages and benefits and the submittal of certified
payrolls, and for general guidance and examples of multiple wage rates when assigned to a Contract,
refer to the Department's Office of Construction website. Questions regarding wage rates and the
applicability of wage tables should be submitted in accordance with 2-4.
iii. Contract Work Hours and Safety Standards Act: (40 U.S.C.3701-3708). Where applicable, which
includes all FEMA grant and cooperative agreement programs,all contracts awarded by the COUNTY in
excess of$100,000 that involve the employment of mechanics or Iaborers must comply with 40 U.S.C.§§
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C.
§3702 of the Act,each contractor must compute the wages of every mechanic and laborer on the basis of
a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous.'These requirements do not apply
to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts
for transportation or transmission of intelligence.
iv. Rights to Inventions: Made Under a Contract or Agreement. If the Federal award meets the definition
of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that "funding
agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights
5/2/19 CONTRACT DOCUMENTS 00500- 15
tuck_ y h tJ f'�ih 1.1 helt� Iteair
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
v. CIean Air Act: (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act: (33 U.S.C.
1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-
7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C. I251-1387). Violations must
be reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency(EPA).
vi. Debarment and Suspension: (Executive Orders 12549 and 12689)--A contract award (see 2 CFR
180.220) must not be made to parties listed on the government wide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CPR 180 that implement Executive
Orders 12549(3 CFR part 1986 Comp., p. 189)and 12689(3 CFR part 1989 Comp., p.235),"Debarment
and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
vii. Byrd Anti-Lobbying Amendment: (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding$100,000 must rile the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency,a member of Congress, officer or employee
of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
viii. Compliance with Procurement or recovered materials: As set forth in 2 CFR § 200.322.
CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that
contain the highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management
services in a manner that maximizes energy and resource recovery; and establishing an affirmntive
procurement program for procurement of recovered materials identified in the EPA guidelines.
ix. Americans with Disabilities Act or 1990 (ADA): The CONTRACTOR will comply with all the
requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and
the assurance by the CONTRACTOR pursuant thereto.
x. Disadvantaged Business Enterprise(DBE) Policy and Obligation: It is the policy of the COUNTY
that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the
performance of contracts 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 applicable federal and slate laws and regulations to ensure that the
DBE's have the opportunity to compete for and perform contracts. The COUNTY and the
5/2/19 CONTRACT DOCUMENTS 00500- 16
Duck Key SharLd Use Path�iahcin�R it
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.
j xi. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by the Contractor during the term of the Contract
and shall expressly require any subcontractors performing work or providing services pursuant to the
Contract to likewise utilize the U.S. Department of Homeland Security's FrVerify system to verify the
employment eligibility of all new employees hired by the subcontractor during the Contract term.
7.14 Contractor Purchase Equipment for Local Ownership: in accordance with the provisions of 23
CFR 140 the Contractor will not purchase equipment for County ownership.
7.15 Certification of Disclosure of Lobbying Activities: Executed copies of FDOT Certification for
Disclosure of Lobbying Activities on Federal Aid Contracts form 375-030-33 and Disclosure of Lobbying
Activities Form 375-030-34 that were submitted with Contractor Bid Proposal arc included as
Attachment D to the contract.
7.16 Statement of No Conflict:Neither the COUNTY nor any of its contractors or their subcontractors
shall enter into any contract,subcontract or arrangement in connection with the Project or any property
included or planned to be included in the Project in which any member,officer or employee of the
COUNTY or the locality during tenure or for 2 years thereafter has any interest,direct or indirect. If any
such present or former member,officer or employee involuntarily acquires or had acquired prior to the
beginning of tenure any such interest,and if such interest is immediately disclosed to the COUNTY,the
COUNTY,with prior approval of the Department,may waive the prohibition contained in this paragraph
provided that any such present member,officer or employee shall not participate in any action by the
COUNTY or the locality relating to such contract,subcontract or arrangement. The COUNTY shall
insert in all contracts entered into in connection with the Project or any property included or planned to be
included in any Project,and shall require its contractors to insert in each of their subcontracts,the
following provision:
"No member, officer or employee of the COUNTY or of the locality during his tenure or for 2 years
thereafter shall have any interest,direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the COUNTY and its
fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a
governmental agency.
ARTICLE 8
Termination or Suspension
8.1 In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the
COUNTY shall have the right to terminate this agreement after five(5)calendar days' written notification
to the CONTRACTOR.
8.2 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty
(60)days written notice of its intention to do so.
8.3 Termination for Cause and Remedies: In the event of breach of any contract terms,the COUNTY
5/2/I9 CONTRACT DOCUMENTS 00500- 17
DVck Key Shared Use Paih_t.ishling is it
retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause
with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time
and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY
shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with
an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be
terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY
shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination,
unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the
COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The
maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this
Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this
Agreement, including the right to sue for breach of contract and including the right to pursue a claim for
violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe
County Code.
8.4 Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any
time,upon sixty(60)days' notice to CONTRACTOR. The COUNTY may also terminate this agreement
for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at
the time and in the manner herein provided. In the event of such termination, prior to termination, the
COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the
Agreement will be terminated for cause. If the COUNTY terminates this agreement with the
CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this
agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending
cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid
under this Agreement, including the right to sue for breach of contract and including the right to pursue a
claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the
Monroe County Code.
8.5 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a
false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized
Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option
of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an
opportunity to demonstrate the agency's determination of false certification was in error pursuant to
Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section
287.135(4),Florida Statutes,are met.
Article 9
Enumeration of Contract Documents
9.I The Contract Documents, except for Modifications issued after execution of this Agreement,are
enumerated as follows: See Article 1
9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project
Manual dated September,2019 and are as follows:
5/2/19 CONTRACT DOCUMENTS 00500- 18
h4 tyry.Wwallix VIA LWWfiJLRWW
As listed In Table ofContents.Section DWO I ofthe Project manud for this project.
9.1.4 7116 Specifications am chose contained in the jccl Manual dated as in Subparagraph 9,13,and
am Is follows;
As usim in Table of contents,section ow i of the Project Manual rot This pmjca.
9.1.5 *Me Drawings we as follows,and am d&W an each individual drawing unless a dift4vitt date is
shown below:
Sheets &3 or 9,The Village of Hawks cay Hicycle and Walking
Path Place"Redlined Camtracalan Record Inrormallori"dated
October2,2006.
9.1.6 The Addenda,Iranyam as follows
EIGnions or Addenda ralating to bidding requimmI am not part of the Contratel Documents unless the
bidding requirements am also enumerated in Ibis Article 9,
9.1,7 Other documents,if any,rarming part or the contract Documents am as III Moorce County
Bid Form In Section 00110,See Article 1.
IN WITNFSS WI ILRLOI the parties hereto have exccurcd this Agreement an the day and date lint
written above in four(4)caunlerpart&each of which shall,without prooror accounting For the other
couracrparti,he dccmcd an original contract
BOARD OF C COMhGSSIONERS
0
OF MON' N, A
By
County Administrator
Din
(SEAL) CONTRACTOR
Aftst.
By;
Title. 1
ri
J ye� hv I]OF�SECTI�ON00500
�
rAwv Htw� E"`=W=49 ISM?
ONAAOI
M2119 COW MAc,r DOCUMENTS
MONROE COUNTY ATTORNEY
IT� �s TO,f CH R I E=LM E R t-B,909W sl-,
ASSISTANT CQUNTY TT NEY
DATE: r
Duck e ht ad UseLolh Lighting ig air
ATTACHMENT A
Appendices A and E
i
5/2/19 CONTRACT DOCUMENTS 00500-2D
Duck Key Shared Use Path[Athfing Repair
APPENDICES A and E
Revised 0112015
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:
(l.) 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,
i
(hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of
this Agreement.
i
(2.)Nondiscrimination: The Contractor,with regard to the work performed during the contract,shall not
discriminate on the basis of race,color,national origin,sex,age,disability, religion or family status in the
selection and retention of subcontractors, including procurements of materials and leases of equipment.
The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section
21.5 of the Regulations, including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
(3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all
solicitations made by the Contractor, either by competitive bidding or negotiation for work to be
performed under a subcontract, including procurements of materials or leases of equipment; each
potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations
under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national
origin,sex, age,disability,religion or family status.
(4.) Information and Reports: The Contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Florida Department of
Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation
Admirartration, andlor 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, andlor the Federal
Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain
the information.
(5.) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, andlor 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 complics,andlor
b. cancellation,termination or suspension of the contract,in whole or in part.
(b.) 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
5/2/19 CONTRACT DOCUMENTS 00500-21
Duck Key Share •1!g1h lighting%ttwair
Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal
Motor Carrier Safety Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with,
litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the
Florida Department of Transportation to enter into such litigation to protect the interests of the Florida
Department of Transportation,and, in addition,the Contractor may request the United States to enter into
such litigation to protect the interests of the United States.
(7.)Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of
1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color,
national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid
Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section
504 of the Rehabilitation Act of 1973,(29 U.S.C. § 794 et seq.), as amended,(prohibits discrimination on
the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42
U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement
Act of 1982, (49 USC § 471, Section 47123), as amended,(prohibits discrimination based on race,creed,
color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the
scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act
of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-
recipients and contractors, whether such programs or activities are Federally funded or not); Titles lI and
III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the
operation of public entities, public and private transportation systems, places of public accommodation,
and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-
discrimination statute (49 U.S.C. § 47123)(prohibits discrimination on the basis of race, color, national
origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures non-discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and adverse
human health or environmental effects on minority and low-income populations; Executive Order 13166,
Improving Access to Services for Persons with Limited English Proficiency, and resulting agency
guidance, national origin discrimination includes discrimination because of limited English proficiency
(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74097 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).
512119 CONTRACT DOCUMENTS 00500-22
jLus-k-K-&Mb'bmm-d Use Path Lighfing.its it
ATTACHMENT B
FHWA 1273—Federal Aid Construction Contracts
512119 CONTRACT DOCUMENTS 00500-23
I�Ij C�nRq �tr
FMA-1273—Revised May 1,2012
REQUIRED CONTRACT PROVISIONS
I'MRAL-AID CONSTRUCTION CONTRACTS
I. cwww 3, A breach of any dthaskipulaficsin.contained In that
ll Nandiscrin6nabon Requited Connect Provisions may to a wounds for
Nonsegregated Facilities vAthhelff"of progress payments,wilhha9dstiq of fffw
IV Davis-Bacon and Related Act Provisions payment,Wminallon of the contract,suspension I debarment
V Contract Work Hours and Safety Standards Act or any other actlan determined w be appropriate by am
Provisions contracting agawy and FMWA,
VI Subletting at Assigning the Contract
VII Set*:Aociderd Prevention 4 Selection d Labor Dud ng the podommance of this cararacl.
Vill. Falls Sit ants Concerning Hilthway,ps4ods the contractor shall not too convid Ishor For any purpose
DL kesPlemardaban of an Air Act and Federal Water within the limas at a Construction Pt*d an a Fedelw4md
Pollution Cordrd Act big"unless it is labor performed by ccurricis who are an
X Compliance tditt(immmmentMills Suspension and Pardo,supervised release,or probabon.The term Facteral-aid
Debarment Rectutemenis highway don not Include roadways lundionally classified as
X1 Cerfiftaticirl Regarding Use of Cancract Funds for bcal made or rural mhor adleclarS
Lobbying
ATTACHMENTS It. NONDISCRIMINATION
A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Pon 230 are
Develiapment 1-14way System or Appalachian Local A="% apalcable to all Fadergd-dif conatmd1cm contracts and to all
Road Contracts IlKluded in Appalachian contracts only) related eorrstlrerction subcontracts of g10.000 or errors The
provisions or 23 CFR is 230 are net applicable to material
L GENERAL supply,engineering,or orchilatturill service contracts
In addition,the co deter and W suboahl1ractorm must Catroy
I FoRn FRWA-1273muel be piny"y irabyporaled in each vA&h tee
Falls Executive Order 11245,41 CPR 00,
construction coaftmal funrled under Tdo 23(excTuding 29 CFR IZ12"Tiff 23 USC Section 140,mine
arnargioncy,contracts sollely internied Fin debris ramovailc The Rahabilitabort Act of 19M.as amended(29 USC794),Tide VV
contractor(or subconlraciar)must insert ilms form In each of the Civil Rights Act of 191141,as arnandod,and related
subcantumol and Further require its inclusion In all lower get ralm!ations Including 49 CFR Paris 21,,26 and 27 and 23 CFR
subouraracks 96=1widing pimckm orders,re armaments Pads 2DO.230,strid 633
and allm agreements rat awpqrkms or services)
The carroactor end 9):subcontractors must complit vAft the
The applicable requirements of Form FKWA4 273 arm rectuirements of the Equal OpporhAlry Clause In 41 CFR 60=50
Incorporated by reference tor work done osier any I 41b)and,for all construction contracts exceeding S10,000,
older,rerfilat agreement or agreement for other a The the Standard Federal Equal Employment Opportunity
prime conbactor shm!l be responsible For complance try any Construcilan Contract 5pecificallons in 41 CFR 604 3
subcontractor,lawer-drev subcontractor ro setvict provider
Nalw The U.S.Departiment of Labor has excilasive authority to
Form FHWA,1273 must he Included In all Facteral-mid design- de*m*w cownpItance with Ezewria Order 11240 and ft
build contracts,in ad subcontracts ancl in,larder bar policles of the Secretary Of Labor Including 41 CFR OD,and 29
subcontracts(amcluding subcoraracts for design services, CPA 1626-1027 The contracting agency and the FHWA have
pAchaso orders,rantal agreements and other agreements for the muthadly,and the respansibilly in easure carripliance volth
suppliesorsonviono The -buitcler 0all be responsible Title 23 USC Section 140,an Rehabifitallon Act of 1973.as
for compliance by any subcontractor,[offer-am subcantreew amended(29 USC 794),and Tide VI of the Civil his Ad of
or service provider 10114,as amended,and related relidallons OwArding 40 CFR
Parts 21,26 and 27;and 23 CFR Parts 20D,2 d 633
Contracting agencies my reference Form.FKWA-1273 In bid
proposal or request for proposal cimments,hurvever,the The ldk%hg picivision Is adapaml From 23 CFR 230.Appendix
Farm FFWA-1273 must be physically In al (not A,Win,appropriate tewlsions to cooliforlm to the U 8
referenced)In all contracts,mulboomracts am lower-iler Deparemoot of Labor(US DOL)"FHWA requirements
subconts"(excluding purchase orders,rental agreements
and era nts for supplies or services related to a 1.Equal Employment QppoduniW,Equal employment
construction contract) opportunity(EEO)requitemmenit not to ifiscriminale and to take
all mmilive act irm to samme equM opportunity as set"
2. Subject to ft applicaWy crada noted in ato(dw,,&V under Paws,exacuirve onsets.rules,regulations(29 CFR 35,
medians,time cootrad provisions shag apply to all walk 20 CFR 1630,29 CFR t625,11 GV,41 CFR 50 wo 49 CFR 271,
Wormed an the cantrad by the contractor's croen organization and waste d the Socre of Labor as modfied by Otis
and vAlh the assistance of vAnkers under the conk actor's provisicarm proscribed hiew awl Imposed Pursuant to 23
immodest superintendence and to all worli performed an the U S C 140 shay candMe the EEO and speefic aftmative
conlimat by pleceftirk,station wad,at by subcontract action standards for the contr2clar's project acthritles under
1
5/2/19 CONTRACT DOCUMENTS 00500-24
Ir LLc Shwrc I°ath feiL tin "r
this contract.The pircivislons of the Americans with Disabilities 4.Recruitment:When advertising for employees,the
Act of 1 (42 U S.C.12101 el seq.)set forth under 28 CFR contradw will Include in all advedMmeras for employees the
35 and 29 CFR 163D are Incorporated by reference in this rotation:'An Equal Opportunity Employer' AN such
contract,In the execution of this contract,the contractor advertisements will be placed in publications having a large
i agrees to comply with the following mininwm specific circulation among minorities and women In the area from
requirement activities of EEQ which the project work force would normally be derived.
a.The contractor will work kith the contracting agency and a. The contractor will,unless precluded by a vaW
the Federal Goverment to ensure that it has made every bargaining agreement,conduct systematic and direct
good faith effort to provide equal opportunity with rasped to all recnritment through public and private employee referral
of its terns and conditions of employment and In their review sources likely to yield qualified minorities and women. To
of activities under tfte raid. meet this requirement,the contractor will Identify sources of
potential minority group employees,and establish with such
b.The contractor will accept as its operating policy the Identifiedsource5 procedures whereby minority and women
fdkowdrig statement applicants may be referred to the contractor for employment
'It is the policy ofthis Company to assure that applicants consideration.
are empkiyed,and that employees are treated during b. In the event the contractor has a valid bar Wing
emplowmni,without arch to their race,religion,sex,color, agreement providling for excluslve hiring haT referrals,the
national origin,age or disability, Such action shag Induce; contractor is expected to observe the provisions of that
employment,upgrading,clemation,or transfer recruitment or agreement to the extent that the system meets the contracts
recruitment advertising:layoff or lemidnatiom rates of pay or compliance with EEO contract provisions. Where
other forms of lion;and selection for ImWng, implementation of such an agreement has the effect of
including apprenticeship,tore-apprenticeshTi,ancilor on-the- discriminating against minorities or women,or obligates the
job training'" contractor to do the same,such implementation violates
Federal iscrimination provisions,
2. EEO car.The enactor will ate and make
known to the contracting officers an EEO Officer who will have c. The contractor will'encourage its present employees to
Uw responsibility for and musl be capable of effectively infer minorities and women as applicants for employment.
administering and promoting an actift EEO program and who Information and procedures with regard to referring such
must be assigned adequate authority and respansiblity to do applicants will be discussed with employees.
so
6.Personnel Actions:Wages,working conditions„and
3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and
staff who are authorized to hire,supaMse,promote,and personnel adlons of every type,including hiring.,upgrading,
discharge employees,or who reconimend such action,or who promotion,transfer„dernollon,! ,and tennInation,shall be
are substantiaky Involved in such adknn,will be made f* taken without regard to race,color,religion,sex,national
!rant of,and will Implement,the contradoes EEO policy origin,age or dlsabil"dy, The following procedures shall be
and contractual responsibilities to provide EEO In each grade foltawed:
and classificallon of employment. To ensure drat the above
agreement will be met,the folfowing actions will be taken as a a, The contractor well conduct periodic Inspections of project
minimum sites to unsure that waking conditions and employee facilities
do not Indicate disefthatory treatment of project site
a. Periodic meetings of supervisory and personnel office personnel.
employees will be concluded before the start of wail and then
not less often than once every six months,at which time the b. The contractor will pefloclically evaluate the spread of
contractor's EEO policy and its implementation will be wages paid within each clasliftation to determine any
reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices.
the EEO 06mcer
c, The contractor will periodically review selected personnel
b All new supervisory or personnel Office employees will be actions in depth to determine whether there is evidence of
given a thorcrugh indoctrination by the EEO Officer.covering discftna*n. Where evidence Is found,the contractor will
all major aspects of the conlreclors EEO obligations within promptly take corrective action. If the review indicates that the
thirty days following their reporting for duty with the contractor, discrimination may extend beyond the actions reviewed,such
corrective action shall Include all affected persons.
e.. All personnel who are engaged in dared reorui l for
the project will be Instructed by the EEO Officer lrr the d, The contractor will promptly Investigate all complaints of
contractor's procedures for locating and hiring minailin and alleged discrimination made to the contractor In cormaction
women, with its obligation under this contract,wilt attempt to resolve
such complaints,and will take appropriate corrective action
d,. Notices and posters setting forth the contractors EEO within a reasonable time. if the Investigation Indicates that the
policy will be placed In areas readily accessible to employees, discrimination may affect persons other than the complainant,
applicants for employment and potential employees, such clorrective action shag Include such othu persons. Upon
completion of each Investigation.the contractor will Inform
e„ The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal,
Implement such policy wilt be bmght to the attention of
employees by means of meetings,amp handbooks,or &Training and Promotion:
other appropriate means,
a The contractor will assist in locating,qualifying,and
increasing the skills of minorities and women who are
2
5/2/19 CONTRACT DOCUMENTS 00500-25
)uc Key Shared[J Path I,E htin8 - it
applicants for employment or current employees, Such efforts with the requirements for and comply with the Arnericans with
should be alrned at developing full journey level status Disabilities Ad and all rules and regulations estab shed there
employees in the type of trade or job classification Involved. under, Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
b. Consistent with the mntraclor's work force requirements undue hardship,
and as permissible under Federal and State regulations,the
contractor shall make full use of training programs,i.e., 9,Selection of Subcontractors,Procurement of Materials
apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not
geographical area of contract performance. In the event a discriminate on the grounds of race,color,rellgion,,sex„
speclat provision for training is provided under this contract, nallonai origin,age or disability in the selection and retention
this subparagraph will be superseded as indicated In the of subcontractors,including procurement of materials and
special provision. The contracting agency may reserve leases of equipment. The contractor shall take all:necessary
training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the
Inc accordance with 23 U.S.C.140(2). administration of this contract.
c. The contractor will advise emplaryees and applicants for a. The contractor shall notify at potential subcontractors and
employment of available training programs aril entrance suppliers and lessors of their EEO obligations under this
requirements for each. contract,
d The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure
promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations.
women and will encourage eligible employees to apply for
such training and promotion.
10.Assurance Required by 49 CFR 26.13(b):
7.Unions:If the contractor relies In whole or In part upon
unions as a source of employees„The contractor wilt use good a, The requirements of 49 CFR Part 26 and the State
faith efforts to obtain the cooperaSion of such unions 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,will Include the procedures set b. The contractor or subcontractor shall not discriminate on
forth below: the basis of rare,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 Pad 26 in the award and
cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the
toward qualifying more minorities.and women for membership contractor to carry out these requirements is a material breach
in the unions and increasing the skills of minorities and women of this contract,which may result In the termination of this
so that they may qualify for higher paying employment contract or such other remedy as the contracting agency
deems approViale.
b. The contractor will use good faith efforts to Incorporate an
EEO clause Into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such
union will be contraclually bound to refer applicants without records as necessary to document compliance with the EEO
regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of
disability, three years following the date of the final payment to the
contractor for all contract work and shall be available at
c. The contractor is to obtain Information as to the referral reasonable Ilrnes and places for inspection by authorized
practices and policies of the labor union except that to the representatives of the contracting agency and the FMNA.
extent such infomation is within the exclusive possession of
the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the
Information to the contractor,the contractor shall so certify to follcvft
the contracting agency and shall set forth what efforts have
been made to obtain such information: (1)The number and work hours of minority and non-
minority group members and women employed in each work
d. in the event the union Is unable to provide the contractor classificalion on the project;
with a reasonable flow of referrals within the time iImit set forth
in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation
through Independent recruitment efforts,fill the employment with unions,when applicable,to Increase employment
vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and
origin,age or disability;making full efforts to obtain qualified
andlor qualifiable minorities and women. The falluae of a union (3)The progress and efforts being made in locating,hiring,
to provide sufficient referrals(even though it Is obligated to Irainng,qualifying,and upgrading minorilles and women;
provide exclusive referrals under the terms of a collective
bargalning agreement)does not relieve the contractor from the b, The contractors and subcontractors will submit an annual
requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of
practice prevails the contractor from meeting the obligations the project,indicaling tihe number of minority,women,and
pursuant to Executive Order 11246,as amended,and these non-minoriy group employees currently engaged In each work
special provisions,such contractor shall Immediately notify the classification required by the contract work. This Information is
contracting agency, lobe reported on Form FHWA-1391: The stalling data should
represent the project work force on board in all or any part of
a, Reasonable Accommodation for Applicants f the last payroll parlod preceding the and of July, II on-the-job
Employees with Disabilities: The contractor must be familiar training Is being required by special provision,the contractor
3
5i2I19 coarRACT DOCUMENTS 00500-26
Duck KcY Shn tl_Q °F_aIh I.i t rt Repair
will be required to collect and report training data, The of paragraph 1A.of this ion;also,regular contributions
employment data should reflect the wok force on board during made or costs incurred for more than a weekly period(but not
all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs
July, which cover the particular weekly period,arc deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics&hall 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
This provision Is applicable to all Federal-ald construction stall,except as provided in 29 CFR 5.5(a)(4).Laborers or
contracts and to all related construction subcontracts of mechanics performing work in mote than one classification
$10.000 or moss, 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 employees payroll records accurately set forth ire
employees are provided In such a manner that segragatton on time speat in each classification In which wok is perforated„
the basis of race,color,milglon,sex,or national origin cannot The wage determination(including any additional classification
resull The contractor may neither require such segregated and wage rates conformed under paragraph t.b.of this
use by written or oral policies nor loterate such use by section)and the Davis-Bacors poster(WH--1321)shall be
ismooM custom, The contractor's obligation extends further posted at all times by the contractor and Its subcontractors at
to ensure that Its employees am not assigned to perform their the site of the work In a prominent and accessible place where
services at any location,under the contractor's control,where it can be easily seen by the workers,
the facilities are segregated. The term`facltief'incldes
waft mono,work areas,restaurants and other eating areas, b,(1)The contracting officer shall require that any class of
time docks,restrcoms,washrooms,locker morns,and other laborers or mechanics.Including helpers,which is not listed In
storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the
recreation or entertainment areas,transportalion,and housing contract shall be classified In conformance with the wage
provicled for employees. The contractor shall provide separate delemnlmadon The wing officer shall approve an
of single user rcs sand necessary dressing per sl addltionM classification and wage rate and fringe benefits
areas to assure privacy between sexes, therefore only when the following criteria have been meL
IV. DAVIS-BACON AND RELATED ACT PROVISIONS (1)The work to be performed by the classification
requested Is not performed by a classifcatkm In the wage
This section Is applicable to all Federal-aid construction determination;and
projects exceeding 52,0M and to all related subcontracts and
lower-der subcontracts(regardless of subcontract size). The (d)The classification Is utilized in the area by the
requirements apply to all projects located within the right • construction Industry;and
way of a roadway that is functionally classified as Federal-aid
highway, This excludes roadways functionally classified as (11)The proposed wage rate.Including any bona fide
local roads or rural minor collectors,which are exempt, tinge benefits,bears a reasoinable relationship to the
Contracting agencies may elect to apply these requirements to wage tales contalned In the wage determination.
other projects.
The following provisions are fmm the U.S.Department of (2)If the contractor and the laborers and mechanics to be
Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if ),or their
related matters`with minor revislan to conform to the FHWA- representatives,and the contracting officer agree an the
1273 format and FHWA program requirements, classification and wage rate(Including the amount
designated for tinge 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 How Division,Employment
Standards Administration,U.S..Department of Labor,
a. All laborers and mechanics employed or working upon Washington,DC 20210 The Administrator,or an authorized
the site of ire work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every
often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and
rebate on any account(except such p deductions as are so advise the contracting officer or will notify the contracting
permitted by regulations issued by the Secretary
of Labor officer within the 3D day period that additional time is
under the Copeland Act(29 CFR part 3)),the full amount of necessary.
wages and bona fide fringe benefits(or cash equivalents
thereof)due at time of payment computed at rates not less (3)In the event the contractor,the labomrs or mechanics
than those contained In the wage determination of the to be employed In the classification or their representatives,
Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed
hereof,regardless of any contractual relationship which may dassificallon and wage rate(including the amount
be alleged to exist between the contractor and such laborers designated for fringe fits,where appropriate),the
and mechanics, contracting officer shall refer the questions.Including the
views of all Interested parties and the recommendation of the
Conlik,ullons made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour AdmInistrator for
Cole hinge benefits under section 1(b)(2)of the Davis determination.The Wage and Four Adminisbator.or an
hin
Act on behalf of laborers or mechanics are considered wages 30 der is of representative,ds advwillise
issue a determination officer
or
paid to such laborers or mechanics,subject to the provisions days of receipt end so advise the contracting officer per
d,
51 /19 CONTRACTDOCUMENTS 00500-27
Pmkj��a d�- I h�[. 'n,�Rg I
will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show
additional time is necessary, that the commitment to provide such benefits is enforceable,
that the plan of prograrn Is financially responsible,and that the
(4)The wage rate(including fringe benefits where plan or program has been communicated In writing to the
apprquiale)detains pursuant to paragraphs I.b.(2)or laborers or mechanics affected,arid records which show the
11.b(3)of this section,shall be paid to all workers performing costs anticipated or the actual wst Incured in providing such
work In the classification under this contract from the first benefits,Contractors employing apprenlilm or trainees under
day on which work Is performed In the classification, approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs,the registration of the apprentices and
c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed In the
contract for a class of laborers or mechanics includes a fringe applicable programs
benerd which is not expressed as an hourly rate,the contractor
shall either pay the benefit as stated In the wage determination
or shall pay another bona Gde fringe benefit or an hourly cash b.(1)The contrartor shall submit weekly for each week in
equivalent thered which any contract work is performed a copy of all payrolls to
the contracting agency. The payroftsubmitt eel shall set out
accurately and completely all of the information required to be
d.if the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3XQ,except that full social
other third person,the contractor may consider as part of the security numbers and home addresses"I not be Included
wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to
reasonably anticipated In�rovldlng bona ride fringe benefits Include an Individually Identifying number for each employee
under a plan or program, rovidilK That the Secretary of e.g.,the last four digits of the emplayee's social security
Labor has found,upon the written request of the contractor, number).The required weekly payroll Graf ion may be
applicabl that the e standards of the DsvIs-Bacon Act have submitted In any form desired.Optional Farm WH_M7 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 hitp.,Ilwww.cM.govl@sWYAOformstwtt347instr,hkn
obligations under the plan or program. or its successor site.The prime contractor Is responsible for
the submission of woes of payrolls by all subcontractors.
2. Withholding Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shalt providle them upon request to the cantracting agency
The contra dlig agency shall upon its am action or upon for transmission to the State DOT.the FHWA or the Wage and
written request of an authorized repreftntatim of the Hour Division of the Depaftent of Labor for purposes of an
Department of Labor,withhold or cause to be withhold 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 sedan for a prime
contract with the same pfkne contractor,or any other federally- contractor to require a subcontractor to provide addresses and
assisted contract * ct to Davis-Ba cca prevailing wage social security numbers to the prime contractor for Its own
requirements,
which held by the same prime contractor,so records,without weekly submission to the contracting agency
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics 12)Each payroll submitted shall be accomparded 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 at his at her agent whop or supervises the
required by the caniraell. In the event of favure to pay" payment of the persons employed under the contract and shall
laborer or mechanic,Including any apprentice,trainee,or certify the following
helper,employed or working on the site of the work.all or W
of the wages required by the contract,the contracting agency
may,afterwriften notice to Me 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 Inforritation required to be provided under 55.5(a)(3XU)of
payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate Information Is
have ceased. being maintained under§5.5(a)(3)(i)of Regulations.29
CFR pail 5,and that such information Is correct and
3. Payrolls and basic records complete,
a. Payrolls and basic records relating thereto shall be (0)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 payra.period has been paid they weekly
preserved for a period of three years thereafter for all laborers W2g@S 02med,without rebate,either directly or Indirectly,
and mechanics working at the sits 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 full wages earned,other than
each such worker.his or her correct classification,hourly rates permissible deductions asset forth in Regulations,29 CFR
of wages paid(including rates of contributions or costs 3;
anticipated for bona fide fringe benefits or cash equivalents,
therecif of the types described in section I(bX2)(W of the
Davis-Bacon Act),daily and weekly number of hours worked, (IN)That each laborer or mechanic has been paid not
deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or
Secretary of Labor has found under 20 CFR 5.5(ay 1 Khr)that cash equivalents for the classification of wark performed,
the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination
any costs reasonably anticipated In providing benefits under a Incorporated into the contract
plan or program described In section 1(bX2)(B)of the Davis-
5/2/19 CONTRACT DOCUMENTS 00500-28
t)lrc e °f re t fails M d I'tc sir
(3)The weekly submission of a property executed rate spacified In the applicable wage determination,
certification set forth an the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with
WH-117 shall satisfy the requirement for submission of the the provisos of the apprenticeship program.If the
-Statement of Compliance'required by paragraph 3,b.(2)of apprenticeship program does not specify fringe benefits,
this section apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
(4)The falsification of any of the above certifications may classification,If the Administrator datermines that a different
subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification,
prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination,
title 31 of the United States Code
In the event the Office of Apprenticeship Training,Employer
c The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency
required under paragraph 3 a.of this section avallable for recognized by the Office,withdrawn approval of an
Inspection,copykV.or transcription by authorized apprenticeship program,the contractor will no longer be
representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable
FHWA, or the Department of Labor,and shall permit such predetermrned rate for the work performed until an acceptable
representatives to interview employees during wodtkg hours program is approved,
an the job.If the contractor or subcontractor fails to submit the
required records or to make them available,the RNA 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
cause the suspension of any further payment,advance,or Except as provided in 29 CFR 5.16,trainees will not be
guarantee of funds Furthermore,failure to submh the required permitted to work at less than the predetermined rate for the
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
approval,evidenced by formal codification by the US.
Department of Labor,Employment and Training
4. Apprentices and trainees Administration.
a.Apprentices(progmms of the USDOL). The ratio of trainees to journeymen on the job silo shall not be
greater than permitted under the plan approved by the
Apprentices will be pennited 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 regfslared Ina bona fide Every trainee must be paid at not less than the rate specified
apprenticeship program registered 1th the U S Department of in the approved program for the trainee's level of progress,
Labor,Employment and Training Administration,Ofre.t of expressed as a percentage of the journeyman hourly rate
Apprenticeship Training,Employer and Labor Services,or with specified In the applicable wage determination.Trainees shall
a State Apprenticeship Agency recognized by the or If a be paid fringe benefits In accordance with the provisions of the
person is employed in his or her first 9D days of probationary trainee program If the trainee program does not mention
employment as an apprentice In such an apprentceship fringe benerds,trainees shall be paid the full amount of fringe
program,who is not individually registered In the program,but benefits listed on the wage determination unless the
who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that
Training,Employer and Labor Services or a State there is an apprenticeship program associated with the
Apprenticeship Agency(whereappropriate)to be eligible for corresponding joumeyman wage rate an the wage
probationary employment as an apprentice. determination which provides for less than full fringe benefits
for apprentices.Any employee listed on the payroll at a trainee
The allowable ratio of apprentices to Journeymen on the job rate who Is not registered and participating in a training plan
site in any craft classification shall not be greater than the retie approved by the Employment and Training Administration shall
ed to the contractor as to the entire work farce under be paid not less than the applicable wage rate on the wage
permittthe registered program.Any worker listed on a payroll at an In addition,an for the aclassification
performing
f anion of work actually performed.
mice wage rate,who is not registered or otherwise In addition,any trainee perfomhing work on the job site In
employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program
applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the
classification of work actually performed.to addition,any wage determination for the work actually performed,
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration
less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no
for the work actually performed Where a contractor is longer be permitted to utilize trainees at less than the
performing construction an a project in a locality other than applicable predetermined rate for the work performed until an
that in which its program is registered,the ratios and wage acceptable pmgram is approved.
rates(expressed in percentages of the jowneyman's hourly
rate)specified in the contracloes.or subcontmaDes registered
program shall be observed. c.Equal employment opportunity,The utilization or
apprentices,trainees and journeymen under this part shah be
in conformity with the equal employment opportunity
Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29
specified in the registered program for the apprentice's level of CFR part 30.
progress,expressed as a percentage of the journeymen hourly
6
5/2/19 CONTRACT DOCUMENTS 00500-29
DucLKsyahaed Jg I ci�aI r d. Apprentices and Tralneft(programs of the U.S,DOT).
Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY
$kdl training programs which have been ceirlified by the STANDARDS ACT
Secretary of Transportation as pramoiting EEO In connection
with Federal-aid highway construction program are not The following clauses apply to any Federal-old construction
su*d to the mqwemerft of paragraph 4 of this Section IV contrad In an amount m excess of$100,DW and subject to the
The straight time hourly wage rain fora and ovenme provisions of the Contract Work Hours and Safety
trainees under such programs will be established by the Standards Act These clauses shall be Inserted in addition to
partkular progirams The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6, As
Journeymen shall nd be greater than permitted by the terms of used In this paragraph,the terms laborers and mechanics
the particular program. include watchmen and guards,
S.Compliance with Copeland Act requirements. The 1.Overtime requirements, No contractor or subcontractor
contractor shall comply with the requirements of 29 CFR part conbracting,for any part of the contract work which may require
3,which are Incorporated by reference In this tract. or Involve the employment of laborers or mechanics shall
require or permit any such taborer or mechanic in any
6.Subcontracts. The contractor or subcontractor shall Insert workweek in which he or she Is employed on such work to
Form FHWA-11273 In arty subcontracts and also require the work in excess of forty twrs Ins workweek unless such
laborer or mechanic receives compensation at a rate not less
subcontract=to include Form FHWA-1 273 in any loww tier su tracts, than one and omhalf times the basic rate of pay for all hours
bcon 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 all the contract dauses in 29 CFR 5.5.
2.Violation;liability for unpaid wages,liquidated
7,Contract termination:debarment. A breach afthe damages, In the event of any violation of the clause set forth
contract clauses In 29 CFR 5.5 may be grounds for termination in paragraph(1,)of this section,the contractor and any
of the contract,and for debarment as a conlr2clor and a subcontractor responsible therefor shall be liable for the
subcontractor as provided In 29 CFR 512, unpaid wages.,in addition,such oGntractor and subcontractor
shaII be liable to the United States(in the case of work done
under contract for the District of Columbia or a territory,to such
B.Compliance with 0avis-Bacom and Related Act District or to such terrilairy),for liquidated damages Such
requirements. All rulings and Interpretations of the Davis- liquidated damages*At be cornpuled With respect to each
Bacon and Related Acts contained In 29 CFR pans 1.3,and 5 Individual labor&or mechanic-Including walchrren and
we 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 labor standards.Disputes arising pannifled to work In excess of the standard workweek of forty
out of the labor standards provisions of this contract shall not Had
willhout payment of the Overtime wages required by the
be sutiject to the general disputes douse of this contract Such
disputes shall be resolved in acmdance with the procedures clause set forth In paragraph(I)of this section
of the Department of Labor W forthi in 29 CFR pans 5,6,and
7 Disputes within the meaning of this dause include disputes 3,Withholding for unpaid wages and liquidated damages.
beh%een the contractor(or any of its subcorioactors)and the The FHWA or the contacting agency shall upon Its own action
contracting agency,the U.S.Department of Labor,or the or upon writlen request of an owhorized representative of the
employees or their representatives. Depainment of Labor withhold or cause to be withhold,from
any I y
'on
on a rant ptrfamed by the
10.Certification of eligibility. Z 72' y
L,5:y k
a.By entering into this contract,the contractor certifies that so
neither it(nor he or she)nor any person or firm who has an prime radon„such arsrrs as may tee emnlned to Ix
interest In ft contfaclor's fern is a person or ram Ineligible to necessary to satisfy any liabilities of such contract"or
be&aardecl Government contracts by vi dlorr rtue of se 3(a)of subcontractor for unpaid wages and liquidated damages as
the DaO3-Bacon An or 29 CFR 5,12(aX i) provided In the clause set forth In paragraph(2)of this
"Cow.
b.No part of this contract shall be subcontracted to any person
or firm Ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall Insert
of section 3(a)of the DavisBamn Act or 29 CFR 5.12jay 1), m any suboontracts the clauses set forth In paragraph(IJ
through(4)of this section and also a douse requitirig the
ubcontracnchida these uses any
c.The penalty for making false statements Is prescribed In the s tors to I cla in lower tier
subcontracts.The prime contractor shall be responsible for
U.S.Criminal Code,ill U.S.C.100t, compliance by any subcontractor or lower tier subcontractor
with this clauses set forth In paragraphs(1)through(4)of this
section,
5/2/19 CONTRACT DOCUMENTS 00500-30
Dock Key Shared Use[' h IJahljnit ftcrtuiE
evidenced in writing and that it contains all pertinent provisions
VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract.
This provision Is applicable to all Federal-ald construction 5.The 30%self-performance requirement of paragraph(1)Is
contracts on the National Highway System, not appticade todesign-build contracts;however.contracting
agencies may establish their own self-performance
1,The contractor shall perform with its awn organization requirements,
contract work amounting to not less than 3G percent(or a
greater Percentage R specified elsewhere In the contract)of
the total original contract price,excluding any speciMly items VII.SAFETY:ACCIDENT PREVENTION
designated by the contracting agericy. Specialty items may be
performed by subcontract and the ornount of any such This provision is appl a to al Federal aid
specialty items performed may be deducted from the total construction cataracts and to 94!related subcontracts,
original contract price before owputing the amount of work
required to be performed by the contractors own organization 1. In the performance of this contract the contractor shall
(23 CFR 835,118), comply with all appllpble Federal,State,and local lows
governing safely,heath,and sanitation(23 CFR 635),The
a, The term"perform work with is own organization"refers contractor shall provide all safeguards,safety devices and
to workers employed or leased by the prime contractor.and protective equipment and take any other needed actions as it
equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be
without operators Such term does not Include employees or reasonably necessary to protect the life and health of
equipment of a subcontractor or Iowa der 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 lot the costs of hiring leased work covered by the contract
employees from an employee leasing firm meeting all relevant
Federal and Slate regulatory requirements, Leased 2, It Is a condition of this contract,and shall be made a
employees may only be included in this term 9 the prime condition of each subcontract,which the contractor anters into
contractor meets all of the folov4ng 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 suffouncliogs or under conditions
supervision of the day-to-day activities of the leased which are unsanitary,,hazardous or dangerous to hhlhw
employees; heath or safety,as determined under construction safety and
(2)the prime contractor remains responsible for the quality health standards(29 CFR 19281 promulgated by the Secretary
of the work of the leased employees; of Labor,In accordance with Section 107 of the Contract Work
13)time prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S C.3704).
exclude Individual employees from work an the project;and
(4)the prime contractor remains ultimately responsible for 3:Pursuant to 29 CFR 1028.3,It is a condition of this contract
the payment of predetermined rdnlmum wages,the that the Secretary of Labor or authorized representative
submission of payrolls,statements of compliance and sit thereof,shall have right of entry to any site of contract
other Federal regulatory requirements, performance to Inspect or Investigate the matter of compliance
with the construction safety and health standards and to wry
b."Spedaly items'shall be construed to be limited to work out the dudes of the Seem"ender Section 107 of the
that requires highly specialized hnov4edge,abilities,or Contract Work Hahn and Solely Standards Ad(40
equipment not ordinarily available In the type of contrardiV U,S.C.3704),
organizations qualified and expected to bid or propose on the
contract as a whole and In general are to be limited to minor
components of the overalt contract. VIIl,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 h I a p r o v i s I o n i s applicable to all Federal-ad
material and manufactured products which are to be constructoon contracts and to all related subcontracts
purchased or produced by the contractor under the contract
provisions. In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made
or supervisor who is employed by the firm;has NO authority to by engineers,contractors,suppliers,and workers an Federal,
direct performance of the work in accordance with the contract aid highway projects,h is essential that all persons concerned
requirements,and is in charge of all consbuctlon operations with the project perform their functions as carefully,thowgNy,
{regardless of who performs the work)and(b)such otxr of its and honestly as possible.. Willful falsification,distortion,or
awn organizational resources(supervision.management,and misrepresentation with respect to any facts related to the
engineering services)as the contracting officer determines Is project Is a violation of Federal law. To prevent any
necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and
similar acts,Farm FMNA-1022 shall be posted on each
4 No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)In one or mom
otherwise disposed of except mth the written consent of the places where It is readily available to all persons concerned
contracting officer.or authorized representative.and such with the project,
consent when given shall not be corisirtaid to relieve the
contractor of any responsibility for the fulfillment of the
contract.Written consent will be given only after the 18 U,S.C.,1020 reads as follows.
contracting agency has assured that each subcontract Is
0
5/2/19 CONTRACT DOCUMENTS 00500-31
Buck �,y Ftatro sc f'pth I.3 6tinf�&8 it
`Whoever,being an officer,agent,or employee of the United covered transaction,The prospective first tier participant shall
States,at of any State or Territory,or whoever,Whether a submit an explanation of why It cannot provide the certification
association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be
false statement false representation,or false report as to the considered in connection with the department or agency&
character,quality,quantity,at cost of the material used or to deterniiination whether to enter Into this transaction.However.
be used,or the quantity or quality of the work performed or to failure of the prospective first her 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 tram participation In this transaction
of construction on any highway or related ct submitted for
approval to the Secretary of Transportation;or c.The certification In this clause is a material representation
of fact upon which raYfance was placed when the contracting
Whoever knoWngly makes any false statement,false agency determined to ender into this transaction.If It is later
relamsentafim false report or false claim lmlh respect to the determined that the prospective participant knowingly rendered
chariicter,quality,quantity,or cost of any work performed or to an erroneous certification,In addition to other remedies
be performed,or materiels furnished or to be fumishecl,in avallable to the Federal Government,the contracting agency
connection with the construction of any highway or related may terminal@ this traruadion for cause of default
projed approved by the Secretary of Transportation,or
d„The prospective first tier participant shall provide
Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to wham
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 cetliftcatbn was erroneous when
Roads Act approved July 1,1910.(39 Stal.355),as amended submitted or has become ermneous by reason of changed
and supplemented; circumstances.
Shall be fined under this tide or Imprisoned not more don 5 e,The teems'covered transaction;"debased,"
years or both" "suspended,""ineligible,""participant,"`person," "principal,"
and"voluntarily excluded.'as used In this clause,are defined
In 2 CFR Parts 100 and 1200,, -First Tier Covered
IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions'refers to any covered transaction between a
WATER POLLUTION CONTROL ACT grantee or sir tee of Federal funds and a participant(such
as the prime or general contract), "Lower Tier Covered
This provision Is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First
contracts and to all related subcontracts Tier Covered Transaction(such as sir tracts). "First Tier
Participant'refers to the participant who has entered into a
By submission of this bid/proposal or the execution of this covered transaction vnth a grantee or subgrantee of Federal
contract,or subcontract,as appropriate,the bidder„proposer, funds(such as the prime or general contractor). -Lover Tier
Federal-old construction contractor,or subcontractor,as Partlelpant'refers any participant who has entered into a
appropriate,will be doemed to have stipulated as folY;ows; covered transaction with a First Tier Participant or other Lower
Tier participants(such as subcontractors and suppliers).
1 Thal any person sutra is or will be utilized In the
performance of this contract is not prohibited from receiving an L The prospective first Not 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,0 shall not knowingly enter into any lower tier
2,That the contractor agrees to include or cause to be coveted transaction with a person who is de
included the requ4ements of paragraph t1)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 cowed 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 firs)tier participant further agrees by
submitting this proposal that it will Include the clause tilled
X,CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility
SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exdusion•Lawer Tier Covered Transactions,"
EXCLUSION provided by the department or contracting agency,entering
Into this covered transaction,without modification,in all lower
This provision Is applicable to all Federal-ald constructer tier covered transactions and in all solicitations for lower tier
contrails,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold.
subcontracts,purchase orders,tease agreements,consultant
contracts or any other covered transaction requiring FHWA h A participant in a covered transaction may rely upon a
approval or that is estimated to cost S25,01XI or more— as certification of a prospective paNcipant In a lower tier covered
defined In 2 CPR Parts ISO and 1200. transaction that is not debased,suspended,ineligible,at
voluntarly excluded from the covered transaction,unless it
knows that the cerfiflcatlan is erroneous. A participant Is
respoinsMo for ensuring that its principals are not suspended,
1.Instructions for Certification—First Tier Participants., debarred,or otherwise Ineligible to participate In covered
transactions. To verify the eligibility of its prndpals,as well as
a.By signing and submitting this proposal,the prospective the eligibility of any Iowa tier prospective participants,each
first tier participant is providing the certification set out below. participant may,but 4 not required to,check the Excluded
Parties List System wibsile( '' ),which is
to The Inability of a person to provide the certification set out compiled by the General Services Administration,
below wll,not necessarily result in denial of participation In this
5/2119 CONTRACT DOCUMENTS 00500-32
C_)Oo CCcv Shared U I$ath U&Inv%fe it
I. Nothing contained In the foregoing shalt be construed to this transaction originated may pursue available remedies,
require the establishment of a system of records in order to including suspension andfw debarment,
render M good faith the certification required by this cause.
The knowledge and Information of the prospective participant c.The prospective lower per participant shalt provide
is not required to exceed that which is normally possessed by Immediate wiMen notice to the person to which this proposal is
a prudent person In the ordinary course of business dealings, submitted t at any Ilene the prospective lower tier participant
leans 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 tramaction
knowingly enters Into a lower tier covered transaction with a d The temp'covered transaction,""debarred,"
persm who is suspended,debarred,Ineligible.or voluntarily "suspended,""ineligible,""participant,""person.""principal,"
excluded from particiption in than transaallon,in addition to and"voluntarily excluded,"as used In this clause,are defined
a
other remedies available to the Federal Goverment,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 propoul is submitted for w4istance in obtaining a
or default. copy of those regulations, 'First Tner Covered Transactions'
refers to any covered transaction between a grantee or
subgranlee of Federal funds and a participant(such as the
prime or general contract), 'Lower Ter Covered Transactions'
2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered
Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant"
Participants: refers to the participant who has entered Into a covered
transaction with a grantee or subgrardee of Federal funds
a. The prospective first tier participant cenifie.to the best of (such as the prime or general contactor). "Lower Tier
its knowledge and belief,that h and Its princlpals Participant'refers any participant who has entered Into a
covered transaction with a First Tier Participant or other Lower
(1) Are not presently debarred,suspended,proposed for Tin Participants(such as subcontractors and suppliers),
debarment.declared ineligible,,or volurdadly excluded from
participating in covered transactions by any Federal a.The prospective lower tier participant agrees by
department or agency; submitting this proposal Mal.should the proposed covered
transaction be entered into,4 shall not knowingly enter into
(2) Have not within a three-year period preceding this any lower der covered transaction with a person who Is
propmt been onnvided of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily
against them for commission of fraud or a criminal offense In excluded from participation in this covered transaction,unless
connection with obtaining.attempting to obtain,or performing authorized by the department or agency with which this
a public(Federal.State or local)transaction or contract under transaction originated.
a public transaction:violation of Federal or State antitrust
statutes or commission of embezzlement,theft,forgery. f The prospective lower der participant r agrees by
bribery,falsitcadon or destruction of records,making false submitting this proposal that it will include this clause tilled
statements,or receiving stolen p rty; "Certifrcallon Regarding Debarment.Suspension.Ineligibility
and Voluntaryry Exclusion-Lower Tiered Transediom'
(3) Are not presently indicted for a otherwise criminally or without mod%leation,in all lower tier covered transactions and
civilly charged by a govemimental entity(Federal,State or in all solicitations for lower per covered transactions exceeding
local)with commission of any of the offenses enumerated In the$25.DOD threshold
paragraph(aH2)of this certification;and
g.A participant in a covered transaction may rely upon a
(4) Have not within a three-year period preceding this certification of a prospective participant In a louver liar covered
application/proposal had one or more public transactions hansactlon that is not debarred,suspended,ineligible,or
(Federal,State or local)terminated for cause or defaull. voluntarily excluded from the covered transaction,uhiess it
knows Mat the certification is emoneous,A pardelpanl Is
b: Where the prospective participant Is unable to certify to responsible for ensuring that Its principals are not suspended,
any of the statements in this certification,such prospective debarred,or otherwise Ineligible to participate in covered
participant shall attach an explanation to this proposal. transactions. To verify the eligibility of Its principals,as well as
the eligibility of any lower der prospective participants.each
2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded
Parties List System websile( ),which is
(Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration,
lower der Iransacllons requiring prior FHWA approval or
estimated to cost$25,000 or more-2 CFR Pans 180 and h.Nothing contained in the foregoing shall be oonalrued to
1200) require establishment of a system of records in order to render
In good faith the certification required by this cause.The
a..By signing and submitting this proposal,the prospective knowledge and Information of participant is not required to
lower tier Is providing the cadfication set out below, exceed that which is normally possessed by a prudent person
In the ordinary course of business dealings.
b,,The certification In this clause is a malarial representation
of fact upon which reliance was placed when this transaction €.Except for transactions authorized under paragraph a of
was entered Into,If t is later determined that the prospective a Vast If a participant in a evened transaction
lower tier participant knowingly rendered an erroneous knowingly eaters into a lower tier covered transaction with a
certification,In addition to other remedies available to the person who Is suspended,debarred,Ineligible,or voluntarily
Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to
other remedies available to the Federal Government,the
10
5/2/19 CONTRACT CT OCU E T 00500-33
Duqk-KVseta ed II 11 th tinyU Tlc qlr
department or agency with which this transaction ar4nated
My pursue available remedies,Including suspension andlor
debannom
Certification Regarding Debarment,Suspension,
Ineligibility and Voluntary Exclusion—Lower Tier
Participants,
I The� lower liar participant ceMfm,,by this
submis of Nis proposal,that nalOw it not Its principals Is
presently deblared,suspended,proposed lim debairnimt,
declared Ineligible,or voluntarily excluded ham partelpoang In
comed transactions by any Federal deparumt or agency.
2.Where the prospedin lower liar is unable to
certify to any of the slat eats In this certification,such
prospective participant dull attar an explanation to this
proposal
I.CERTIFICA71ON REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal,aid couftellon
contracts and to all related sulacontracts.which exceed
$100.000(49 CFR 20).
1.The PK*pedW participant cefftes,by signing and
submilling lift bid ex proposal,to the best of his or her
knowledge and belief,that:
a,No Federal appropriated funds have been paid or will be
paid.by or an behalf of the undersigned.to any pemn for
Influencing or attempting to Influence an officer at amp"of
any Federal agemy,a Membeq of CorVes%an officer or
employ"of CWQM%or an employee of a Member of
Congress In connection with Ilhe awardffV of any Federal
contract,the nuikiN of a"Fedenil grant,the making of any
Federal lorm,the entering Into of any coopemitive agreement,
and the extension,conUnuation,renewal,amendment,or
ffmidificaklan of any Federal contract,gmk loan,or
cootperadve agreement.
b.It any funds of than Federal approprialed funds have
been paid or will be paid to any pmw for influenckV or
allemptkq to Influence an officer or employee of any FaderaI
agency,a Member of Congress.an officer or employee of
Congress,or an employee of a Member of Congress In
connection with this Federal contmi,grant,loan,or
copperalive agreement,the undersigned shwi cornplele and
submit Standvd Form-LLL.'Disclosure Form to Report
Lobbying,"Inacoortlance,with Ila Instructions,
2.This cafficaflon Is a malenall representation of fact upon
which reliance win placed when this transaction was made or
entered Into. Submission of this certification Is a prerequisite
for rnaking or entering into Oft Wrasoclion Imposed by 31
U.S.C.M2.Any person who falls to Me the requirild
certification shall be sL"ed to a ciW,penalty of not less own
$10.0W and not more than 3100,00O for each such failure.
3.The prospitclive participant also agrees by submitting its
bid or proposal that the participant all require that be
language of this ce0cation be Included In all*war tier
subcontracts.which exceed$1100,W0 and that all such
recipients shall cerIffy and disclose accordingly
5/2/19 CONTRACT DOCUMENTS 00500-34
Duck Key Shamd Usc Palh ljgh giro LRQqLar
ATTACHMENT C
Davis Bacon Wage Rates
5/2/19 CONTRACT DOCUMENTS 00500-35
uc Kcy °d sc Poflh i.a�hline i��rraEr
ATTACHMENT C
Davis Bacon
"General Decision dumber: FL20190147 11/ 1/2019
Superseded General. Decision Number: F°L2018 1 0
State. Florida
Construction Type® Highway
County: Monroe County in Florida.
HIGHWAY CONSTRUCTION PROJECTS
Note: Under Executive Order (FO) 13658, an hourly minimum wage
of $10. 60 for calendar year 2019 applies to all contracts
subject to the Davis-Bacon .act for which the contract is
awarded (and any solicitation was issued) on or after January
1, 2015. If this contract is covered by the EO, the contractor
must pay all workers in any classification listed on this wage
determination at least $10. 60 per hour (or the applicable wage
rate listed on this wage determination, if it is higher) for
all hours spent performing on the contract in calendar year
2019. If this contract is covered by the FO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pad' workers in that classification at least the
wage rate determined through the conformance process set forth
in 29 CFE 5. (a) (1) (ii) (car the FO minimum wage rate, if it is
higher than the conformed wage rate) . The FO minimum wage .rate
will be adjusted annually. Please note that this FO applies to
the above-mentioned tees of contracts entered into by the
federal government that are subject to the Davis-Bacon Act
itself, but it does not apply to contracts subject only to the
Davis-Bacon Related Acts, including those set forth at 29 CFR
. 1 (a) ( ) - ( 0) . Additional information on contractor
requirements and worker protections under the FO is available
at www.dol.gov/whd/govcontracts.
5/2/19 CONTRACT DOCUMENTS 00500-36
Modification Number Publication D to
01/0 /219
1 S/30/ 01
11/01/ 1
j ELEC 349--002 09/02/2019
1 Rates Fringes
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 35. 36 12. 77
----------------------------------------------------------------
SUFL201 -0 0 08/1 /2 13
Rates Fringes
CARPENTER, Includes Form Work. . . . 11. 95 1. 44
CEMENT SON/CONCRETE FINISHER. . .,$ 13. 65 . 0
HIGHWAY/PARKING .LOT STRIPING:
Operator (Striping Machine) . . . . .$ 12. 70 0. 00
HIGHWAY/PARKING LOT STRIPING:
Operator (Spray Nozzl €tan) . . . . . . . $ 13.06 0. 00
INSTALLER - GUARDRAIL. . . . . . . . . . . .$ 14 . 44 0. 00
IRONWORKER, REINFORCING. . . . . . . . . . 13.85 0.00
LABORER (Traffic Control
Specialist) . . . . . . . . . . . . . . . . . . . . . . 12. 17 1. 71
LABORER: Asphalt, Includes
Raker, Shoveler, Spreader are
Distributor. . . . . . . . . . . . . ® . . . . . . . .$ 13. 60 0. 0
LABORER: Common or General. . . . . .$ 11. 96 2. 90
LABORER: F'la ger. . . . . . . . . . . . . . . .$ 9. 87 0.00
LABORER: Gracie Checker. ® m . . . . ® . ® $ 11. 45 0. 00
LABORER: Landscape
Irrigation. . . . . . . . . . . . . . . . . . . . . . . $ 11. 16 0.00
LABORER® Ri alay r. . . . . . . . . . . . . . $ 12. 68 0. 00
5/2/19 CONTRACT DOCUMENTS 00500-37
Duck Kcy Shm-cd Usc Path Liab tin L&ait
OPERATOR:
Backhoe/Exca valor/Ter ackhoe. . . . . . .$ 17.20 0. 00
OPERATOR: Bobcat/Skid
Steer/Skid Loader. . . . . . . . . . . . . . . .$ 11. 60 0.00
OPERATOR: Broom/Sweeper. . . . . . . . .$ 10. 89 0.00
OPERATOR: Bulldozer. . . . . . . . . . . . . $ 13. 90 0. 00
OPERATOR: Crane. . . . . . . . . . . . . . . . . $ 17. 83 0.00
OPERATOR: Forklift. . . . . . . . . . . . . .$ 11® 0.00
OPERATOR: Grader/Slade. . . . . . . . . .$ 16. 08 0. 00
OPERATOR: Loader. . . . . . . . . . . . . . . . $ 16. 59 0.00
OPERATOR: Mechanic. . . . . . . . . . . . . .$ 13. 55 0. 00
OPERATOR: Milling Machine. . . . . . .$ 13.23 0 . 00
OPERATOR: Oiler. . . . . . . . . . . . . . . . .$ 12. 61 0.00
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) . . . . . . . . . $ 18. 17 0. 00
OPERATOR: Roller. . . . . . . . . . . . . . . .$ 13.28 2.39
OPERATOR: Screed. . . . . . . . . . . . . . . . $ 15.79 0. 00
OPERATOR: Trencher. . . . . . . . . . . . . . $ 16. 00 0. 00
TRAFFIC SIGNALIZATION:
Traffic Signal Installation. . . . . . $ 19. 03 0.00
TRUCK DRIVER: Dump Truck. . . . . . . . $ 12. 66 0. 00
TRUCK DRIVER: Lowboy Trock. . . . . .$ 14 . 94 0. 00
TRUCK DRIVER: Water Truck. . . . . . . $ 13. 05 0. 00
------------------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
5/2/19 CONTRACT DOCUMENTS 00500-38
Qqck Key 5hared Ljsc Palh 1Jght[M&ffcg&[r
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017 . If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5. 5 (a) (1) (ii) ) .
....................... .............................I..........................
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type (s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local) ,
a survey rate (weighted average rate) or a union average rate
(weighted union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than '"'SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or dist:rict council number
512/19 CONTRACT DOCUMENTS 00500-39
where applicable, i.e. , Plumbers Local 0198 . The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014 .
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "'SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014 . SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification (s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classific tions was union data® EXAMPLE: UAVG-OH-0010
08/29/2014 . UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
5/2/19 CONTRACT DOCUMENTS 0050040
2uck Ka3hare Jw Palh i.i hCi c ai
i
WAGE DETERMINATION APPEALS PROCESS
I
1. ) Has there been an initial decision in the matter? This can
e:
* an existing published gage determination
* a survey underlying a gage determination
* a Wage and Hour Division letter setting forth a position on
a gage determination Matter
a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
.for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program.. If the response from this initial
contact is not satisfactory, then the process described in 2 . )
and S. ) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should' be with the
Branch of Construction Wage Determinations. Write to
Branch of Construction Gage Determinations
Gage and dour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2. ) If the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part l. B and 29 CFR mart 7) . Write to
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 2 210
The request should be accompanied by a full statement of the
interested party' s position and by any information Osage
payment data, project description, area practice material,
etc. ) that the reguestor considers relevant to the issue.
5/2/19 CONTRACT DOCUMENTS 005 0- 1
® ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Grits to:
Administrative Review Board
U.S. Department of Labor
00 Constitution Avenue, N.W.
Washington, DC 20210
® ) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION"
i
5/2/19 CONTRACT DOCUMENTS 00500-42
Duck e Sharcd laath t.�� t'n sa°
ATTACHMENT D
FDOT FORMS
375-030-33
375-030-34
I
5/2/19 CONTRACT DOCUMENTS 00500-43
CSRTIFICATION FOR DISCLOSURE OF LOBBYING ACTrVITIES
ON FEURR&L,AID Ca
(Compliance with 49CFR.Section 20,100(b))
The prospective participant certifies by sprung this certificatiom that to the best of his or
her knowledge and behat
(1) No federal appropriated funds have been paid or wfl be paid by at an behalf of the
undersigned,(a any person for influencing of attempting to influence an officer at
employee of any fedetal agency,a Member Of Congress,an officer of employee of
Congress.or an employee of a Member at 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 cooperalive agreement and the extension continuation,
renewal,amendment,or modification of any federal contract grant,loan,or cooperative
agreement
12) It any funds other than laderau appropriated funds have been paid w wA be paid to
any person for Influencing or attempting to influence an officer or employee of any
federal agency,a Member of Congress,,an officer or employee of Congress or an
employee of a Member of Congress in connection with this federal contract grant loan
or cooperative agreement the and rued shall complete and submit Standard
Form-LILL.'Disclosure of Lobbying Achwities"-in accordance with Is Instructions
(Standard Fann-LILL can be obtained from the Flonda Department of Transpottabon's
Professional services Administrator or Procurement Office I
This certification is a material representation at(act upon which reJance was placed
when thus transaction was made or entered iota Submission of this certification is a
purerectutsile for making or entering into this transaction imposed by Section 1352 Title
31 U 8 Code Any person who 1604,to Me the requited carfification shall be subject to
a civil penalty of not In&then$10.000 and not more then$100.000 for each such
failure
me prospective partropan'I Wiwi i1rorpas his or hirtir propabW i1mill ho w Ste
shall require that the language uNihis v!eftifiraimil Ilan hrurwlaudied nriailll lower fier
subcontracts.which exceed'S 101a,000 aind lhal aH w w1h S11R111 ooulhflh and
0sclose accordingly
Name of Cmuailu,Iim
Eryagug.e-U-.31 na"w Ash
171111le-fm
5011 BID PROPOSAL 11;0- 1,1I
DISCLOSURE OF L0813YING ACTIVITIES
is this larrin applearglop to ye6ir(qMP
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BID PROPOSAL 00110-14
---"N
.AC-OR DATE IM I
CERTIFICATE OF LIABILITY INSURANCE1/1012020
THIS CERTIFICATE IS ISSUED S A MATTER OF INFORMATION ONL AND CONFERS IG TS UPON THE CERTIFICATE IS
CERTIFICATE S NOT AFFIRMATIVELY OR NEGATIVELY AMEND, LTE COVERAGE AFFORDEDTHE POLICIES
BELOW. THIS CERTIFICATE F INSURANCE DOES NOT CONSTITUTE A CONTRACT E THE ISSUING I S (S),AUTHORIZED
REPRESENTATIVE PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the cerdficate holder Is an ADDITIONAL INSURED,the polic (ies)must have ADDITIONAL INSURED rovisions or be endorsed.
If SUBROGATION IS WAIVED, sublect. 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 OR cat®holder In lieu of such ando a ent s
PRODUCER fi2jjACT
Insurance Office of America,Inc. PHON Exl: 305 F N®a � -0592
1361 OverseasHighway JAX NoMarathon,
FL 3305
E O AI
INSURERAmerican Empire Surplus Lines Insurance Company 353SI
INSURED q.L_11 e Insurance Comsn 19232
Marathon Electric Sign&Light,Inc. jNSUMER C
10690 Aviation Blvd. INSURER 0
Marathon,FL 33050
aNSURER E
INSURER F
REVISIGN NU
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS„
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS;
INSR TYPE OF INSURANCE ADDL URYOM POLICY rill aER POLICY EFF POLICY EXP LIMITS
COMMERCIAL GENERAL LIABILITYCHf CCU E 1, 0, 0
CLAIMS-MADE �OCCUR19CG 52 2412 1 2412020 D TO RENTED 100,000
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1,000,000
POLICY
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AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000
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AUTOS ONLY AlTrWNED SCH I Y 9 RY Per a d
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RIFrION OF T Y LIMIT
DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES(ACORD 101,Additional Remarks Schedule,ro be attached I/more sloes.Is required)
Monroe CountyOCC Is Included as additional Insure'with r a to General Lia l and Auto Lia lIty.,as required per written contract.
BY
AI,
OLDER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, OIC ILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Monroe County SOCC r
1100 Simonton Street
ACORD 25(2016103) C)1966-2015 ACORO CORPORATION. All rights reserved,
e ACORD name and logo are registered arks of ACORD
CERTIFICATE OF I i �mru III� m �
CICI� CIC
. ....,
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEII THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO4►J.,
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE
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(Rev 09-1 )