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Item F14 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date. November 18, 2014 Division: Public Worksffingineering Bulk Item: Yes X No — Department: Engineering Services Department Staff Contact Person/Phone#: Judy Clarke X4329 AGENDA ITEM WORDING: Approval of Amendment I to the construction contract with Coastal Gunite Construction Company for the No Name Key Bridge Repair Project that was approved on August 20, 2014 to revise Article 4 Contract Sum to include the contract amount of$2,997,676. ITEM BACKGROUND: The contract with Coastal Gunite Construction Company was approved by the BOCC at the August 20, 2014 meeting (Bulk Item C 13). The approved contract form did not include the contract sum in Article 4 of the contract. 'Ibis amendment corrects the contract and does not change the contract price. PREVIOUS RELEVANT BOCC ACTION: October 16, 2013- Approval of a Local Agency Program (LAP) agreement with FDOT to provide funding for the construction and CEI phases for the No Name Key Bridge. August 20, 2014 - Approval of construction contract with Coastal Gunite Construction Company. CONTRACT/AGREEMENT CHANGES: Revises Article 4 Contract Sum to include contract sum of$2,997,676. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: -$0 INDIRECT COST: ------�BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: —not gppljcable COST TO COUNTY:- $0 SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County A�t OMB/Purchaysin/g Risk Management kz� DOCUMENTATION: Included X Not Required DISPOSITION-. AGENDA ITEM# Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Coastal Gunite Contract# Construction Company Effective Date: Aug 20, 2014 Expiration Date: Aug 20,2015 Contract Purpose/Description: Amend construction contract to state contract price of$2,997,767 in Article 4 Contract Sum. Contract Manager: Judy Clarke 4329 En ` eerie #1 (Name) (Ext.) (Department/Stop#) for BOCC meeting on 11/18/14 Agenda Deadline: 1 /4/14 CONTRACT COSTS Total Dollar Value of Contract: $ 2,997,676 Current Year Portion: $ 128,722 Budgeted? Yes X No Account Codes: / Grant: 2,354,064 County Match: $ 643,612 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: Not included in dollar value above) te; . nance,utilities, 'torlal,salaries,etc,.) CONTRACT REVIEW Changes Date Out Date In Need d i Division Director L, 'Yesn No e� Risk Management °i Yes[: No I t 51 O.M.B./Purchasin g N County Attorney Yes[] Nd („ BLl /.. Comments: ONE Farm Revised 2/27/01 MCP#2 ANICNDMENT 1 TO THE CO NLUCT FOR CONSTRUCTION FOR THE NO NAME KEY BRIDGE REPAIR PROJECT THIS CONTRACT AMENDMENT IS ENTERED INTO BETWEEN Monroe County,whose address is 1100 Simonton Street,Room 2-21.6 Ivey West,Florida 33040, hereafter the"County",and Coastal Gunite Construction Company,a Corporation of the State of Maryland,whose address is 16'Washington Street,Cambridge,Maryland 21613,its successors and assigns,hereinafter referred to as"CONTRACTOR", Article 4 Contract Sum Paragraph 4.1 is corrected to state the following: 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract,for the No Name Key Bridge Repair Project the Contract Sum of Two million,nine hundred ninety-seven thousand six hundred seventy-six dollars and no cents($2,997,676.00). Force and Effect. In all other respects the Contract dated August 20,2014 remains in full force and effect. In WITNESS WHEREOF each party hereto has caused this contract to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest:AMY HEAVILIN, CLERK OF MONROE COUNTY,FLORIDA By: By: . Deputy Clerk Mayor/Chairman (SEAL) COASTAL GUNITE CONS'TRUCTIO COMPANY Attest: Y est; By: .,. By- Title `' Title Ll c e MONROE COUNTY ATTORNEY No Name K"Bridge Repair Section 00500 Standard Form of Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 20th day of August in the year of Two Thousand and Fourteen. BETWEEN the Owner- Monroe County Board of County Commissioners ("BOCC") 1100 Simonton !Street Key West,Florida 33040 ("Owner") And the Contractor: Coastal Gunite Construction Company 16 Washington Street Cambridge, MD 21613 ("Contractor") For the following Project: No Name Key Bridge Repair Project Monroe County,Florida 33043 ("Project") Oversight for Owner: Parsons Brinckerhoff,Inc. One Penn Plaza New York,NY 10 119 Engineer: Kisinger Campo &Associates, Corp. 201 North Franklin Street, Suite 400 Tampa,Florida 33602 The Owner and Contractor agree as set forth below. 10/2112013 STANDARD FORM OF ACRE BETWEEN OWNER AND CONTRACTOR(7_2013) 005WI No Name Key Bridge Repair ARTICLE I The Contract 1.7►ocuments 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, either written or oral. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of Work is as specified in the Contract Documents, and shown on the Drawings and in the specifications. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the No Name Key Bridge Repair Project. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 32 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 365 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided.by the Contract Document. LIQ UIDA TED 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. 10/21/2013 STANDARD FORM OF AGREEN4ENT BETWEEN OVVNERAND C ONTRACTOR(7_2013) 00500-2 No Name Key Bridge Repair FIRST SECOND 31"DAY CONTRACTAMMIN'r 1.5 DAYS 15 DAYS ,rl-IEREAFTEJ� Under 50,000.00 $50.00/DAY $1,00.00/DAY $250.00/DAY $50,000.00-$99:,999.00 100.00/DAY 200.00/DAY 750.00/DAY $100,000.00-499,999.00 200.00/DAY 500,00/DAY 2,000.00/DAY $500,000.0 and Up 500.00/DAY 1,000.00/DAY 3,500,00/DAY The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Balance of Page Intentionally Left Blank 10V21/2013 STANDARDFORMOFAGREMIENTBEFWEENOWNERANDCONTRACTOR(7 2013) 00500-3 No Name Kgy Bridge Repair ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for No Name Key Bridge Repair Project the Contract Sum of subject to additions and deductions as provided in the Contract Documents. 42 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, areas follows: See Section 00110 Bid Proposal ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment,the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract 'Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent(10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both additions and credits covering related Work or substitutions are involved in a change the 10/21/2013 STANDARDFOR1` OFAGREEMENTBETWEENOVA,4MANDCONTRACTUR(7_�013) 00500-4 No Name Key Bridge Repair allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage 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 Nine ly percent(90%) of the Contract Sum, less such amounts as the Owner recommends and determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None 5.9 The County will withhold progress payments from the Contractor for failure to comply with the FDOT Local Agency Program (LAP) requirements. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall Ibe 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. IWI/2013 STANDARDFORMOFAGREDAENTBETWEENOWNERANDCONIRACMR(7 2013) W500-5 No Name Key Bridge Repair 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. 7A Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. In addition to the foregoing,Contractor further represents that there has been no determination, based on an audit,that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime"and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a"public entity crime" or has been placed on the convicted vendor list.A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit 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. Each party to this Agreement of their authorized representatives, or the Federal Emergency Management Agency or its designee, 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, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. b) Governing Law,Venue,Interpretation,Costs,and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. 10/21/2013 STANDARD FORM OFAGREB4ENTBE-rWEEN OWNER AND CONTRACMR(7 2013) 00500.6 No Name Kedge Repair In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County,Florida. This Agreement shall not be subject to arbitration. C) Severability: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. ,d) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. e) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. g) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, .and funding solicitations shall be approved by each party prior to submission. h) Nondiscrimination: County and Contractor 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. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI 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 10/21)2013 STANDARDFORMOFAGREB4ENTBM-WEENOWNERANDCONTRACrOR(7_2013) W500-7 No Name Ka Bridge Repair (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PI., 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 patent records; 8) Title VIll of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13,Article V1,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. 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. 1) Public Access: The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents,, papers, letters or other materials in its possession or tinder its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. Pursuant to F.S. 119.070 1, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. 10/21/2013 STANDARD FORM OF AGREEAENTBMWEEN OWNERAND CONTRACTOR(?_2013) 00500-8 No Name Key Bridge Repair (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (.c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost,to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. in) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. n) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, pensions and. relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. o) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. P) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 10/21/2013 STANDARDFORMOFAGREEME�TBETWEENOWT4ERANDCONIRACTOR(7__2013) 00500-9 No Name Ka Bridge Repair 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. 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 harmless from and against (i) claims, actions or 'causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the CO►UNTY'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. 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. 1021013 STANDARD FORM OF AGRMMENTBMTEN OWNER AND CONIRACWRP ? 13) 00500-10 No Name Key Bridge Repair 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 this agreement. w) Adjudication of Disputes or Disagreements: The Owner and Contractor agree that all disputes and disagreement shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph X concerning 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 days written notification to the Contractor. Y) Cooperation: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Z) Insurance: Prior to commencement of work the Contractor will provide satisfactory evidence of insurance as required in Specification Section 00900 General Insurance Requirements for Construction Contractors and Subcontractors, The Contractor shall name the Monroe County Board of County Commissioners, its employees and officials as"Additional Insured"on all policies except for Worker's Compensation. 7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. 7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 10/21/2013 STANDARDFORMOFAGREEWWBEFWEFNOWNERANDCONrRACTOR(J__2013) 00500-11 No Name Key Bridge Repair 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 Disadvantaged Business Enterprise (DBE)Policy and Obligation: The Contractor agrees to comply with the provisions of FDOT's Disadvantaged Business Enterprise Program as outlined in the Certification contained in Section 00110 Bid Proposal. The Contractor will complete and execute FDOT form 275-030-11B,DBE Affirmative Action Plan,which is included as Attachment A to this Agreement. The Contractor will enter the Anticipated DBE Participation Statement,the Construction Contractors Bid Opportunity List and the DBE Payments into FDOT's Equal Opportunity Compliance (EOC) system: ww ol.state. m o wii ?offi Je(mm_shtm . 7.11 1+HWA Farm 1273: Form 1273 is attached hereto as Attachment B and made a part of this contract. The Contractor will adhere to all provisions in FHWA Form 1273. 7.12 Buy America: The Contractor agrees that it will comply with the requirements of 49 U.S.0 Section 5323 0) (1). Section 165 (a) of the Surface Transportation Assistance Act of 1982, as amended, but it may qualify for an exception to the requirements pursuant to Section 165 (b) (2) or(b) (4) of the Surface Transportation Assistance Act of 1992. and regulation in 49 CFR 661.7.. 7.13 Foreign Contractor.and Supplier Restriction: The Contractor shall not knowingly enter into any subcontract under this contract: (1) With a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the United States Trade Representative (USTR) or (2) For the supply of any product for use on the Federal Public Works project under this contract that is produced or manufactured in a foreign country included on the list of countries that discriminate against U.S. firms published by USTR(Includes "Buy American"provisions). 7,14 Public Agency Subcontracting to Private Sector Entity Contract Provision: in accordance with the provisions of 23 CFR 635.112(e),No public agency shall be permitted to bid in competition or to enter into subcontracts with private contractors. A breach of any of the stipulations 23 CFR 635.112(e) shall be sufficient grounds for termination of the Contract. 7.15 Contractor Purchased Equipment for Local Ownership: in accordance with the provisions of 23 CFR 140 and 49 CFR Section 18.3 the Contractor will not purchase equipment for County ownership. 7.16 Equipment Rental Rates: in accordance with 23 CFR 635.120 and 48 CFR 31 the County will pay standard equipment rental rates for the local area where the Work is being conducted for rented equipment, as needed during the project. 7.17 Local Hiring Preference: the County will not include a Local Hiring Preference for this contract. 7.18 Publicly Owned Equipment: in accordance with the provisions of 23 CFR 635.106 publicly owned equipment will not be allowed to compete with privately owned equipment under this agreement. 1021013 STANDARDFORMOFACREB4FNTBEfWEECdOWNERANDCONIRACPOR(7 2013) 00500-12 No Name Key Bridge Repair 7.19 State Preference: No requirement will be imposed: (a) To require the use of or provide a price differential in favor of articles or materials produced within the State, or otherwise to prohibit, restrict or discriminate against the use of articles or materials shipped from or prepared,made or produced in any State,territory or possession of the United States; or (b)To prohibit, restrict or otherwise discriminate against the use of articles or materials of foreign origin to any greater extent than is permissible under policies of the Department of Transportation as evidenced by requirements and procedures prescribed by the FHWA Administrator to carry out such policies. 7.20 Salvage Credits: The Contractor will not receive credits for salvageable materials. 7.21 Equal Employment Opportunity(EEO)Requirements: the Contractor will adhere to the DOT EEO requirements in accordance with Executive Order 11246 and as outlined in the Equal Employment Opportunity Certification in Specification Section 00110. Prior to the start of construction the Contractor will complete FDOT Form 275-021-13 Notification to FDOT of EEO Officer and Form 275-021-05,Record of Supervisory and Office Personnel EEO Meeting or Individual Orientation,which are included as Attachment C to this Agreement. 7.22 Davis-Bacon Act: In accordance with the Davis-Bacon Act,the Contractor and their subcontractors shall pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current prevailing wage rate table is attached as Attachment D. 7.23 The Contractor shall utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. 10/21013 STANDARDFORMOFAGREEmENTBErwEEN,OWNERANDCONrRACFOR(7 ?013) 00500-13 No Name Key Bridge Repair Article 9 Enumeration of Contract Documents 9,1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: See Article 1 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated April,2014, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: Sheets BI-I through BI-24 Signed and Sealed on 1/16/2014 Sheets BX-I through BX-19 Existing Bridge Plans 9.1.6 The Addenda, if any, are as follows: Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County Bid Form in Section 00110, See Article 1, 10/21/2013 STANDARD FORMOF AGREEMENTBETWEEN OWNERAND WN-IRACTOR(7 2f)13) W500-14 No Name Key Bridge Repair IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date r itten above in four (4) counterparts, each of which shall, without proof or accounting for It1t,counter pat°ts, be deemed anoriginal contract. BOARD OF COUNTY COMMISSIONERS � ' 'Y HEAVIEIN, Clerk OF MONROE COUNTY,FLORIDA r a< r V`r3fV ` By �4— ,,�—, _. Deputy Cler � M & r �17 — Date _ t XU 111'90I f ( l Al CONTRACTOR Attest; By. By ._..� Title: m` _ .------ .. _....._ Title, END OF SECTION 00500 MON'ROE COUNTY ATTORNEY APP IC,"VED AS TO FORW CHRIST'INE M. LIMBERF-RARROW S" ASSIST I 4A"GI ATTOIRNEY Bate ....r:m...., ",w..,. . 1021M13 STANDARDFORMOFAGREMENTBETWEENOWNERANDCONTRACTOR(7 2013) 15 ATTACHMENT A 275-030-11 B EQUAL OPPORTUNITY OFFICE 02OB Page 1 of 3 DBE AFFIRMATIVE ACTION PLAN POLICY STATEMENT It is the policy of _ that disadvantaged businesses, as defined by 49 C R Part 26, Subpart D and implemented under Rule Chapter 14-78, 1 .A.C., shall have the opportunity to participate as subcontractors and suppliers on all contracts awarded by t e Florida Department of Transportation. requirementsThe Ch apter 14-78, F,A.C , shall apply to all contracts entered into between the Florida Department of Transportation andte ^ Subcontractors andlor suppliers to, L, ,. �-&L &tji g- __ _t � w r=,_� will also be bound by the requirements of Rule Chapter 14-78 F.A.C. It , __,, and it's subcontractors shall take all necessary and reasonable steps in accordance with Chapter 14-78, F.A.G. ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with thrida Department of Transportation discriminate on the basis of race, color, religion, national origin, disability, sex, the its subcontractors shall not "g� �ty, or age in the administration of contracts with the Department of Transportation N-VIA has designated and appointed a Liaison Officer to develop, maintain, and monitor the DBE Affirmative Action Plan iw plernentation, The Liaison Officer will be responsible for disseminating this policy statement throughout and to disadvantaged controlled businesses. The statement is posted on ce boards of the Company. President 0, X 276-030-11 B EQUAL OPPORTUNITY OFFICE 02108 Page 2 of 3 r. DESIGNATION OF LIAISON OFFICER U. RtA 'C Q. will aggressively recruit disadvantaged businesses as subcontractors and suppliers for all contracts with the Florida Department of Transportation The Company has appointed a Liaison Officer to develop and maintain this Affirmative Action Plan in accordance with the requirements of Rule Chapter 14-78, F.A.C. The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the Company's utilization of disadvantaged subcontractors in addition to the following specific duties: (1) The Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all Florida Department of Transportation contracts; (2) The Liaison Officer will submit all records, reports, and documents required by the Florida Department of Transportation, and shall maintain such records for a period of not less than three years, or as directed by any specific contractual requirements of the Florida Department of Transportation. The following individual has been designated Liaison Officer with responsibility for implementing the Company's affirmative action program in accordance with the requirements of the Florida Department Transportation. (Liaison Officer's Name) CAV2.ii i'c" \1 III, (Your Company's Name) CO (Your Company's Address) Imo, �,4A%k-k\k-AL &C%--lb" (Phone Number for Liaison, Officer) q Lk k- -7 111 (Enter FEI,N or Tax Id Number) SZ,— III. AFFIRMATIVE ACTION METHODS In order to formulate a realistic Affirmative Action Plan, CoAS--ML— has identified the following known barriers to participation by disadvantaged subcontractors, before describing its proposed affirmative action methods: 1. Lack of qualified disadvantaged subcontractors in our specific geographical areas of work; 2. Lack of certified disadvantaged subcontractors who seek to perform Florida Department of Transportation work; 3. Lack of interest in performing on Florida Department of Transportation contracts; 4. Lack of response when requested to bid; 5. Limited knowledge of Florida Department of Transportation plans and specifications to prepare a responsible bid. In view of the barriers to disadvantaged businesses,stated above, it shall be the policy of to provide opportunity by utilizing the following affirmative acti methods to ensure participation on the con acts with the Florida Department of Transportationt will: 1. Provide written notice to all certified DBE subcontractors in the geographical area where the work is to be subcontracted by the Company; 2. Advertise in minority focused media concerning subcontract opportunities with the Company; 3. Select portions of work to be performed by DBEs in order to increase the likelihood of meeting contract goals(including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); 275-030-110 EQUAL OPPORTUNITY OFFICE 02f08 Page 3 of 3 4, Provide adequate information about the plans, specifications, and requirements of the contract, not rejecting subcontractors without sound reasons based on a thorough investigation of their capabilities; 5. Waive requirements of performance bonds where it is practical to do so; 6. Attend pre-bid meetings held by the Florida Department of Transportation to apprise disadvantaged subcontractors of opportunities with the Company; 7. Follow up on initial solicitations of interest to DBE subcontractors to determine with certainty whether the DBE company is interested in the subcontract opportunity. understands that this list of affirmative action methods is not exhaustive and will include additional approaches after h viing established familiarity with the IhI disadvantaged subcontracting community and/or determined the stated approaches to be ineffective, Ill. IMPLEMENTATION On contracts with specific DBE goals, GO"10,1 will make every effort to meet contract goals as stated by utilizing its affirmative action methods. On projects with no specific goals, the Company will, as an expression of good faith, seek to utilize DBE subcontractors where work 19 to be subcontracted. IV. REPORTING _L hall keep and maintain such records as r are necessary to determine the Company's compliance with its�E�A ";tive _lion Plan. The Company will design its record keeping system to indicate.* 1. The number of DBE subcontractors and suppliers used by the Company, identifying the items of work, , materials and services provided; 2. The efforts and progress being made in obtaining DBE subcontractors through local and community sources; 3. Documentation of all contracts, to include correspondence, telephone calls, newspaper advertisements, etc., to obtain DBE participation on all Florida Department of Transportation projects; 4. The Company shall comply with Florida Department of Transportation's requirements regarding payments to subcontractors including DBEs for each month(estimate period) in which the companies have worked, V. DBE DIRECTORY Will utilize the DBE Directory published by the Florida Department of Transportation. 7 The Company will distribute Form Number 275-030-01, Schedule A Certification Form Number 1, to potential DBE contractors and assist in their completion. ATTACHMENT B ' FHVVA12r3— Revised May 1.20H2 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS |. General 3. A breach n(any of the stipulations contained iuthese ||. Nondiscrimination Required Contract Provisions may b wffiuiem groundsfo, |||. Nonsegregated Facilities withholding of progress payments,w|thhn|din of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,*uopono|on/Uobmonem Y. Contract Work Hours and Safety Standards Act or any other action gmennioudmbe appropriate Uythe Provisions contracting agency and FHWA. Y|. Subletting or Assigning the Contract wi. Safety:Accident Prevention 4. Selection of Labor: During the performance of this contract, V|||. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose |X Implementation of Clean Air Act and Federal Water within the limits of a constructionFederal-aid Pollution Control Act highway unless u/m labor permnneooy convicts who are on X. Compliance with GnvommmnowUe Suspension and parole,supervised e|eoee.mp,nhahon The term Federal-aid Debarment Requirements highway does not include roadways functionally classified ma XL Certification Regarding Use uf Contract Funds for local roads v,rural minor collectors. Lobbying ATTACHMENTS If. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related toa3CFR Part u8Oare Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and toall Road Contracts(included in Appalachian contracts only) related construction subcontracts mf$18.00Oarmore. The provisions vf23CPR Part u3n are not applicable to material supply,engineering,nr architectural service contracts. |' GENERAL |n addition,the contractor and all subcontractors must comply 1. Form FHVVA'12r3 must ho physically incorporated ineach with the following |idoa:Executive Order 1124O.41 CFR6U. construction contract funded under Title 23(excluding zoCFR1Ou5'1O27.Title 23VSC Section 14O.the emergency contracts solely intended for debris mmo"u|) The Rehabilitation Act nf1Sr3.on amended(28UGC790.Title V| contractor(or subcontractor)must insert this form ineach of the Civil Rights Act uf1864.mm amended,and related subcontract and further require its inclusion in all lower tier regulationsino|udin 49 CFRPerts 21 20and 27;and 23CFR subcontracts(excluding purchase orders,rental agreements Parts uuu.23O.and Ooo. and other agreements for supplies orvami000). The contractor and all subcontractors must comply with: the The applicable requirements ofFonnFHNVA'12r3um requirements ofthe Equal0 Clause in41CFmOO' inooqpomtedbyefemnow«v,wmd,Uoneundo,eny purchase 1.4(b)and for all construction contracts exceeding$1O.UoO, order,rental agreement o,agreement for other services. The the Standard Federal Equal Employment Opnvrtvmity prime contractor shall oo responsible for compliance by any Construction Contract Specifications in41 CpR 60'4.3. subcontractor,lower-tier subcontractor ur service provider. Note,The U.S,Department uf Labor has oxduo|*a authority to � � Form FHvVA-1273 must bo included m all Federal-aid design- determine compliance with Executive Order 11240 and the build contracts,|n all subcontracts and|n lower tier policies vf the Secretary of Labor induding41OFRU0.and 28 subcontracts(excluding subcontracts for design services, CFR18251827 The contracting g nny andthe FHVVAhave purchase orders, rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies ureeniceu). The design-builder shall hwresponsible Title 23USC Section 14n.the Rehabilitation Act uf 1973.on for compliance by any subcontractor,lower-tier subcontractor amended C29 USC 794),and Title VI of the Q"i|Rights Act of or service provider. 106*.00 amended,and related regulations including*VCFR Parts 21.28 and 27;and 23CFm Parts 200.u3n.and O33. Contracting agencies may reference Form FHVVA-\273inbid � proposalu request for proposaldocuments,however,the The fo||mwring provision ia adopted from 23CFR23O.Appendix � Form FHVV8-i273 must be physically incorporated(not A.vNth appr opriate e }o| n000nvnfonntutheU,G. � referenced)m uUcontnmmm. cmonUnuwer-t|er Department of Labor(US o0L)andFHVVA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies o,services related hme 1 Equal Em | nt Opportunity., Equalemp|oyment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action,o assure equal opportunity forth 2 Subject to the applicability criteria noted in thh`UmWn0 under laws,executive orders,rules,regulations(zmcFnns. | sections,these contract provisions shallapply m allwmrk 29CFR11680.28CIFR1025-1027.41 CFR0O and v90FR2q � performed nn the contract hy the contractor's own organization and orders ofthe Secretary v/Labor ao modified bythe and with the assistance m[workers under the contractor's provisions prescribed herein,and imposed pursuant to23 � immediate aupehntandameand moU work ped�onedonthe U.8.0 140 shall oonemtmameEEO and specific offinn�iwo � ` contract by piecework,station work,orbysubcontract. action standards for the contractors project activities under this contract.The provisions of the Americans with Disabilities 4. Recruitment:When advertising for employees,the Act of 1990(,42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO- which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will, unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "it is the policy of this Company to assure that applicants are employed,and that employees are treated during lb. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer; recruitment or agreement to the extent that the system meets the contractors recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such'implementation violates Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. SO. 5.Personnel Actions*Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type, including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion, layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of, and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel ti. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected(persons, c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees, such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform a. The contractors EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 2 . . applicants for employment employees. Such efforts with the requirements for and comply with the Americans with should boaimed at developing full journey level status Disabilities Act and all rules and regulations established there employees inthe type W trade m job dunsifioatiominvolved. under. Employers must provide reasonable accommodation in all employment acti,itieounleaauogoow*om|grauwewn b. Consistent with the contractors work force requirements undue hardship. and am permissible under Federal and Stale negu)abmnu.the contractor shall make full use uY training programs,|.e., 9.Selection nf Subcontractors,Procurement of Materials apprenticeship,and xm-tho-job training programs for the and Leasing wf Equipment:The contractor shall not geographical area«[contract performance. |m the event o discriminate on the grounds pf race,color,religion,sex, special provision for training\o provided under this contract, national origin,age mr disability in the selection and retention this subparagraph wiUbwevpmreededaa)ndioatedintho oJ subcontractors,including procurement nf materials and special provision. The contracting agency may reserve leases of equi t The contractor shall take all necessary uo|n|nq positionsfor persons who receive welfare assistance and reasonable steps to ensure nondiscrimination|nthe in accordance with o3U.8.r.1*0(a). administration of this contract. c. The contractor will advise employees and applicants for m. The contractor shall notify all potential subcontractors and emp|oymontufu"ai|ab|e training programs and entrance suppliers and lessors uf their EEO obligations under this requirements for each. contract, d. The oonuactu,wd1|ponngicm|ny review the training and u. The contractor will use good faith efforts tuensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees bo apply for such training and promotion. 1m. Assurance Required uv*uopRua.1x<o0: 7.Unions: If the contractor mVeo|n whole orinpart upon unions mom source uf employees,the contractor will use good m. The requirements n|49CFR Part 28 and the State faith efforts tn obtain the cooperation uf such unions to DCT'oU.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through ocontractors association acting ao agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth bellow: the basis m race,color,national origin,n,sex inthe performance of this contract. The contractor shall carry out m. The contractor WUuse goodfaith efforts m develop,in applicable requirements of49CFR Part o6in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure bythe toward qualifying more minorities and women for membership contractor to carry out these requirements ioa material breach in the unions and increasing the skills vf minorities and women of this contract,which may result in the termination ofthis so that they may qualify for higher paying employment. contract nr such other remedy oo the contracting agency deems appropriate. U. The contractor will use good faith efforts to incorporate on EEO clause into each union agreement m the end that such v1.Records and Reports:The contractor shall keep such union will be contractually bound m refer applicants without records oonecessary to document compliance with the EEO regard m their race,color, religion,sex,national origin,age nr requirements. Such records shall bo retained for a period of dieehifity� three yearsfollowing the date vr the final payment mthe contractor for all contract work and shall ue available at c, The contractor|otn obtain information unho the referral reasonable times and places for inspection byauthorized practices and policies mr the labor union except that mthe representatives of the contracting agency and the FHVVA. extent such information|u within the exclusive possession nf the labor union and such labor union refuses iu furnish such a. The records kept by the contractor shall document the information\o the contractor,the contractor shall nm certify m following: the contracting a d shallmetforthwmoueKoumhevo been made m obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work u. |u the event the union|n unable m provide the contractor classification on the project; with reasonable flow of referrals within the time limit set forth in the collective bargaining agreem nt the contractor w|UU (2)The progressand efforts being made incooperation through independent recruitment efforts,fill the employment with unions,when applicable,m increase employment vacancieswithout re rd to race,color,religion,sex,national opportunities for minorities and women;and origl or dl making full efforts to obtain qualified and/or quaUfiab|e minorities and women. The failure ofmunion (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though%is obligated om training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms ofocollective bargaining agreement)does not relieve the contractor from the ». The contractors and subcontractors will submit unannual requirements nf this paragraph. |n the event the union referral report m the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations indicating he number of minority,women,and pursuant m Executive Order 112^0.an amended,and these non-minority group employeesnem/ engaged m each work apen|e|provisions,such contractor shall immediately notify the classification requ|mm by the contract work. This informationm contracting agency. mho reported vn The staffing data should represent the project work force on board m all vr any part m u. Reasonable Accommodation for Applicants/ the last payroll period preceding the end o,July. If on-the-job Employees with Disabilities: The contractor must uefamiliar training io being required uy special provision,the contractor 3 will be required to collect and report training data. The of paragraph 11A.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July, which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate 1111. NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employees payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1,b,of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WHI-1 32 1)shall be employee custom. The contractors obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractors control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (I)The work to be performed by the classification requested is not performed Iby a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide local roads or rural minor collectors,which are exempt. fringe benefits,bears a reasonable relationship to the Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination. other projects. The following provisions are from 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 known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be'sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210,The Administrator, or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 4(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or 4 ` ^ will notify the contracting officer within the 30-daymeriod that Bacon Act,the contractor shall maintain records which show additional time isnecessary. that the commitment to provide such benefits isenforceable, that the plan or program is financially responsible,and that the pH The wage rate(including fringe benefits where plan-- program-has---communicated-writing -the �m�� t� appropriate) muam1opam0mpxa1U{�or laborers— - ----------`- ' � �om�d�providing such �h{3 cf th�oo��n uhoUbope�mw||wm��mpem�nn�� anticipated - -' -- ' he�� Cmn�omo� �pp�miomavr��m�ounde vo�io*edmmo�m��n under Nia �vm��nm ---'-~ contract shallma�ui �� e�� of the day onwh�Uwo��p*mom`wdm�eu�ou�ooUon. approved registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed inthe trainees,and the ratios and wage rates prescribed mthe contract for m class nf laborers or mechanics includes afringe applicable programs. benefit which io not expressed asan hourly rate,the contractor shall either pay the benefit aa stated|n the wage determination b�1)The nnmm�mshall oubmK,eeNyfor each week in m or shall pay unhe,bona fide�ngebenefit o,anhoudycash ' which"nyountradwmrkimpad"moedm copy d all payrolls m equivalentthereof. the contracting The payrolls submitted set out accurately and completely all m[the information required tohe d.|f the contractor does not make payments ma trustee m maintained under 29CFR5.5(m)(3)V>.except that full social other third person,the contractor may consider wo part nfthe security numbers and home addresses shall not be included wages of any laborer ur mechanic the amount uf any costs on weekly transmittals.Instead the payrolls shall only need to reasonablyid d in providingbona fide fringe benefits include an individuallyfor each employee( under o plan on program,Provided,That the Secretary nf the last fo digits of th m | ' nmm security Labor has found,upon the written request of the contractor, um0 The /red weekly payrollinformation may oe that the applicable m d rdoofthwoaws-aa000&ohuve submitted/n any form desired.Optional Form vvH-u*/m been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division uo set aside|na separate account assets for the meeting of web site at hftp:itwww,dol.govlesa/whdtformslwh347!nstr.htm obligations under the plan orprogram. or its successor site.The prime contractor m responsible for the submission uf copies of payrollsby all subcontractors. Cnmu�mo�and aubcvnnoummshall ma|mo|nthe full umdm| %. Withholdingsecurity number and current address of each covered worker, and shall provide them upon request m the contracting The contracting sh all upon � o m r� nnmionionmwS�e DOT,the FHvVAor the YVmgeand written request qu� ofunmu(xohzed representative ofthe Hour Division of the Department ofL b for purposes ufan Department of Labor,withhold ur cause to be withheld from investigation o,audit m compliance with prevailing wage the contractor under this contract,nr any other Federal requirements.|1iu not a violation oY this section for apmmn contract with the same prime contractor,n,any other federally- contractor to require o subcontractor tn provide addresses and assisted contract subject uz Davis-Bacon prevailing wage social security numbers ho the prime contractor for its own requirements,which is held hy the same prime contractor,nm records,without weekly submission,o the contracting ogemcy.. much o[the accrued payments o,advances eo may bo considered necessary to pay laborers and mechanics, pmymnmu�m|«�dahoUbea000m �d o including apv�ndoom �noinpeo and w��medbym� -^---� -- -' ` ' ' "Statement ofComp|imnce.^signed hy the contractor vr contractor m any subcontractor the full amount ofwages subcontractor or his - U -�-�-*ho pays or supervises the required by the contract, |m the event of failure m pay any pm'-'mo{the persons employed�"er�hocontn,mondnhm U |obn�ru,meoxom|n'including any appmndce'trainee,o, certify the following: helper,employed or working on the site of the work,all or parl of the wages required by the contract,the contracting agency may,after written notice m the contractor,take such action as the payroll for the payroll period contains the m�b��U�u� i �e�hohor informationmo�mme ueo�ue �o��qwy m � .. ~_ � � �' payment,advance,or guarantee vf funds until such viu|aUmmu Regulations,29 CFR part 5,the appropriateinformation im have ceased. being maintained under§5.5(a)(3)(i)of Regulations,2o CFR part5.and that such|nfonnmhonio correct and complete; pax�|�and hammmuw�e a. Payrolls and basic records relating thereto shall be - each laborer or mechanic(including each helper, d d tminae)emp� d the contract ma|n��odby�ecome�odumng�eummaof��wom�nU -�-' --- ' - = -payroll during the p U period been paid the�|lweek� pnamomadfnrapehndnfthn`o�a��eno*8e,fvraU|obvem -- - wages earned,mithumt rebate,either directly nrindirectly, and mechanics working at the site o[the work.Such records and that no deductions have been made either directly mr shall contain the name,address,and social security number of indirectly from the full wages eom m th an each such worker, nm his or rates permissibledogu�ipnoaum�fudkinRa8u|oUomu.28CFR of wages paid yn�uU|ngr� con tributions m �nn000a part3; anticipated^o bona fide fringe h*nofituorcash equivalents thereof of the types described in section I(b)(2)(B)of the Davis-Bacon Ao0'daily and weekly number o(hours worked, (ii0 That each laborer vr mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary nf Labor has found under 29CFR5.5(n)(1)(i4that cash equivalents for the classification nf work performed, the wages of any laborer m mechanic include the amount of mm specified im the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(h)(2)(B)uf the Davis- 5 (3)The weekly submission of a properly executed rate slpecified in the applicable wage determination. certification set forth on the reverse side of Optional Forrn Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the "Statement of Compliance"required by paragraph 3,b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification. If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the Stale DOT,the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CIFIR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CIFIR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor,Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a Stale Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing 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.In 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 on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeymen's hourly rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly 6 . d. Apprentices and Trainees(programs of the U�.DOT), V. ��m��u�T�x��N�W��Am�8��Tx -p skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal-aid highway bnmm programs are not The following clauses apply m any Federal-aid construction subject to the requirements u[paragraph 4of this Section IV, contract inon amount 1n excess uY$1UU,O0Oand subject to the The straight time hourly wage rates for apprentices and overtime provisions nf the Contract Work Hours and Safety trainees under such programs will bv established bythe Standards Act.These clauses shall Ue inserted in addition m particular programs.The ratio m[apprentices and trainees tm the clauses i d by 29 CFR5.5(a)ur23tFR4.8. As journeymen shall not ba greater than permitted bV the terms uf used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance withCopeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements ofo9CFRpart contracting for any part mf the contract work which may require 3.which are incorporated by reference in this contract. nr involve the employment of laborers or mechanics shall require ur permit any such laborer or mechanic inany wo�v��kinwhicmxeuraxe|aemp�ednnomubwo�m 6 �uhomn��o Thnnonb��o,nravbovmnm��reha||ine�� l ' ' *m�in excess offorty hou rs in such wm�veekunless such FonnFHVVA-1273imumyu��oo�mcmanda|ooeqoin*Na -- - |ah��,nrmochenio�om|veoonmpenaadona�a,�en�|een mmboommmo�min�udmFomoFMvVA-12r3in any lower Uur �hmnonemndone~hmKVm�o�ebooic^m�ohpay��enho«� aubmm|mmm.The p�mp�nt��nrahoUbowupnneiWw for the *mdmdin*xoe�op[fum�hmureinxuohwvHw�ak� uom�iancmUy any nub000�amu or lower t�rauUommmomr with all the contract clauses in2VCFn5.5. 2.Violation; liability for unpaid wages; liquidated �mm�� m��vi��N��ou�um�� 7 �unm�o menmlmmdun'W*�amm��t �b000c�of�� ` ^ ' �n (1 >m[�|wo��n �n��vamorandpmy ovmka�dauaeein28CFR5�mayb�Qnnun�efn,1*nminmb"n . ' � au�ovntmo�urospnno�Wm��mhxuk�/Ue8ab�fn/1he nf�oummmm and' unpaid wages. In addition,un such nnm��m/and ouhuonoamnr oubcom��mnraopxw|ded|n28CrR51c shall be liable m the United States(in the case ofwork done under contract for the District o,Columbia ura territory,msuch o.Compliance with Davis-Bacon and Related Act District vrmsuch tonnory\for liquidated damages.Such requirements. All rulings and interpretations sf the Davis- liquidated damages shall ua computed with respect to each Bacon and Related Acts contained in29OFn parts 1.3.and 5 individual laborer*r mechanic,including watchmen and are herein incorporated by reference im this contract. guards,employed i violation of the clause set forth|n paragraph(1.)of this section,in the sum of$10 for each w n�pumeunwnernnm|�mp,��n�u,do mmpv��o�nvioq —cal--- -' - which-- individual was -' ' ° - ox wmnf�e|labor standards i | vf�� n�o��\| m uired or '------ --'---- - -- --- workweek- forty �� " hours without payment of the overtime required by the disputesbe subject to the general disputes clause of this contract.Such resolved in � with the --'------,--=-'-`''------� of the Department of Labor set forth in 29 CFR parts 5,6,and r.Disputes within the meaning o/this clause include disputes 3.Withholding for unpaid wages and liquidated between the contractor(or any mf its subcontractors)and the The rnvvx or the contacting agencyshall upon its own action contracting agency,the U.G.Department uf Labor,urthe o,upon written request of an authorized representative nfthe employees nr their representatives. Department uf Labor withhold or cause tobe withheld,from any moneys payable vn account m work performed uvthe onn�omm,o,nuuuommm co ntract�n.�emu8nmoo�pf�Ug|hi|h«. other Federal contract with the same prime contractor,o,any other federally-assisted subject the Contract wmm a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which's held oy the same neither it(nor heor she)nor any person nrfinn who has om prime contractor,such sums uo may bo determined mba interest in the contractor's fivn|naperson r firm ineligible hn necessary m satisfy any liabilities of such contractor nr bo awarded Government contracts Uy virtue nf section 3(a)of subcontractor for unpaid wages and liquidated damages oo the Davis-Bacon Act oru9Cpn5.12(y)(1). provided in the clause set forth in paragraph(2.)ofthis aammn. U.No part of this contract shall be subcontracted to any n vr firm ineligible for award vfa Government contract 8yvirtue 4.Sumnun«ams. The contractor o,subcontractor shall insert of section 3(a)oY the Davis-Bacon Act o,29CFR5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.) through(4.)of this section and also m clause requiring the subcontractors m include these clauses in any lower tier c.The penalty for uking false statements|o prescribed inthe subcontracts.The prime contractor shall bo responsible for U.S Criminal Code, 1@U.&C1nO1. compliance b9 any subcontractor m lower tier subcontractor with the clauses set forth in paragraphs(1.)through<4.>ofthis section. 7 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items Vill.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T h i s p r o v I s I o n i s applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws goveming safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to The without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the clay-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b,"Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge, abilities, or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.&C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to The limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T h I s p r o v I s I o n i s applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts, purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1 022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Wiliffen consent will be given only after the 18 U.S.C. 1020 reads as follows: contracting agency has assured that each subcontract is "Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to famish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction.if it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "suspended,""ineligible,""participant,' person,' principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(hftps:// epls.cgcv/),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this 9 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred," person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,' principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or * *** subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(httes:// .eols.00v/),which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph a of was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the 10 department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. 11 ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965, 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(11c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service!in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. 4. If,within one week following the placing of a job order Iby the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. 5- The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 ATTACHMENT C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-021-13 NOTIFICATION TO FDOT OF EEO OFFICER EouALOPP©RrU0107N107 Mail signed original to: FDOT E ual O ortuni cJfflce , 605 Suwannee Street-MS 65, Tallahassee, FI 32399-0450 Section 1: COMPANY IDENTIFICATION 1. Contractor Name: 2.. FEID No.: 3. H Home Office Mailing��u Home Office Mailing Address: �._ _ f Address (city,.state,Zip)) .�.__ ess.(street). � .� ..._ _ .��.._...._ .�,�u._�.. ...........�.��_.�,� 5. Main Phone Number �6. Fax Number: r 7. What is betng�Itial EEO Officer Notice to�FDOT _ New P, p� mm � ed � rv...� Changed? Yes IVI0 Yes n].No Appointee Yes Chan INO fmt1 Co�mttYOsata C#1Nto . Section 2: EEO OFFICER IDENTIFICATION 8. Name of EEO Officer:(first name, middle initial,last iname) 9. EEO Officer's Working Title: 10. Work Address of IEEO Officer Street 11 MVark Address of EEO Officer (city,state zip) 12.EEO Officer Phone,Number 13. EEO Officer Fax Number a �. 14. E O�f3 .. .m ffiro aul address _m Section 3: SIGNATURE OF CORPORATE OFFICIAL As required in the Equal Employment Opportunity Special Provisions included in Federally Funded Highway Construction Contracts and as required in the Equal Employment Opportunity Requirements included in all State funded highway construction contracts, this official notice of EEO Officer appointment (and/or update) is made to the Florida Department of Transportation and the U.S. Federal Highway Administration (FHWA). I understand that additional Information regarding the EEO Officer, the EEO Policy and other aspects of the construction contract Compliance program may be found in the EEO Construction Contract Compliance Workbook. PP 9 fln t6.Oaie(McalDayfMr.} 15. A ointin Offi " i store. rte; 17. Official's Nan . inted) it. official's Title:(Printed) (This Section For FDOT Use)Section 4: Processing of Notification l9. Processed by:(First and Last Name) 20, Dale Prooessed:(nlotdaylyr) DISTRIBUTION; Original to FDOT Central EO Office Files;Copy:Mailed to Contractor UPDATE ACTION: In ut In FOR S stem 275-021-13 EQUAL OPPORTUNITY 01107 State of Florida Department of Transportation EEO Officer Notification This form is used by contractors to communicate the appointment of an EEO Officer and to provide EEO Officer Contact data. The form is also used to update that information in the event of new appointees, name changes or contact data changes. Refer to the EEO Construction Contract Compliance Workbook and the FDOT contract for compliance program requirements and instructions. The contractor mails original of the completed form to FDOT Equal Opportunity Office 605 Suwannee Street-MS 65 Tallahassee, FI 32399-0450 A copy of the form is returned to the contractor upon completion of processing by FDOT General: Complete all boxes each time this form is submitted Section 1: Proo ct Identification Box 1 Contractor Name —The name of the contractor. Box 2 FEID No. —The contractor's Federal Identification Number Box 3 - Home Office Mailing Address (Street) — The contractor's home office street address; if the business' home office is outside of Florida, indicate the address of the Florida Home Office. Box 4- Home Office Mailing Address (City, State, Zip) — The contractor's home office city, state and zip code; if the business' home office is outside of Florida, indicate the address of the Florida Home Office. Box 5 Main Phone No. —Area code and phone number contractor's main business phone Box 6 Fax Number No. —Area code and phone number contractor's main fax Box 7 What is Being Changed? — Mark 'Yes' or 'No" to indicate if this is the company's initial submission of EEO Officer information; If a new person has been appointed as EEO Officer, If the appointee of record had a name change, and if the appointee's contact data is being updated. Section 2: EEO Officer Identification Box 8 Name of EEO Officer— First name, middle initial and last name of EEO Officer Box 9 EEO Officer's Working Title — Job title if the EEO Officer has other duties (e.g. Treasurer, Manager of Contract Services, etc) Box 10 Work Address of EEO Officer (Street) —Address of EEO Officer's office Box 11 Work Address of EEO Officer (City, State, Zip) —Address of EEO Officer's office Box 12 EEO Officer Phone Number—Area code and phone number for EEO Officer Box 13 EEO Officer Fax Number—Area code and fax number for EEO Officer Box 14 EEO Officer email address— EEO Officer Email address Section 3: Signature of Corporate Official Box 15 Appointing Official's Signature — Signature of Company Official responsible for EEO Officer Appointment Box 16 Date (Mo/Day/Year) — Date appointing official signs this Notification form Box 17 Official's Name (printed) — Printed first name and last name of person signing Box 15 Box 18 Official's Title (printed) — Printed title of person signing Box 15 (e.g. President, CEO, etc) Section 4: Processing of Notification This section is completed by FDOT Box 19 Processed by— First and last name of person processing the Notification Box 20 Date Processed — Date processing is completed " STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-021-05 RECORD OF SUPERVISORY AND OFFICE PERSONNEL EQUAL UPPORriL01107 0,��7 EEO MEETING OR INDIVIDUAL ORIENTATION 1. COMPANY NAME: 2. DATE OF MEETING(M[D/V): CR5)wS:CP%L- J10114 i FEID#OR.FTDOT VENDOR#: 4 ._._._. NAME OF EEO OFFICER: S. C11I"?C.: I,PtiC a JAI,. ORIENTA:TION. .. _.._....__....� . ` o�1, YI E OF MEETING: 6. ADDRESS WHERE MEETING HELD:w CII 'ICDI � � EEO MEETING T EEO OFFICER'S'CERTIFICATION: The signature of this Company's EEO Officer is certification that an individual orientation or meeting was held with supervisory personnel and others involved in personnel matters to address all aspects of our equal employment opportunity (EEO)obligations. Th a or topics were,addres, , I d a signed attendance record was made. r SIGNATURE: EEO OFFICER 8. MA.IOR TOPICS ADDRESSED: ✓EEO Policy and Affirmative Action Plan ✓ Bulletin•Boards ✓Identification of EEO Officer V Interviewvs'by State and Federal representatives ✓Equal Employment Opportunity and recruitment V Training opportunities ✓ 'Wages and Payrolls V Complaints ✓Utilization of Di advanta� lasiaaesses mmmmm__ 9. ATTENDEES:_ PRINTED NAME AND TITLE L SIt".�NAAT RE .. �._ ,1'r1'Af:"1ArtDD1T10JWAL PAGESIFNECESSARY ATTACHMENT D General Decision Number: FL140190 01/03/2014 FLI 90 Superseded General Decision Number: FL20130249 State: Florida Construction Type: Highway County: Monroe County in Florida. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/03/2014 SUFL2013-008 08/19/2013 Rates Fringes CARPENTER, Includes Form Work....$ 11.95 1.44 CEMENT MASON/CONCRETE FINISHER...$ 13.65 0.00 HIGHWAY/PARKING LOT STRIPING: Operator(Striping Machine).....$ 12.70 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Spray Nozzleman).......$ 13.08 0.00 INSTALLER - GUARDRAIL............$ 14.4,4 0.00 IRONWORKER, REINFORCING..........$ 13.85 0.00 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor......................$ 13.60 0.00 LABORER: Common or General......$ 11.96 2.90 LABORER: Flagger................$ 9.87 0.00 LABORER: Grade Checker..........$ 11.45 0.00 LABORER: Landscape & Irrigation.......................$ I L16 0.00 LABORER: Pipelayer..............$ 12.68 0.00 LABORER: Laborer-Cones/ Barricades/Barrels - Setter/Mover/Sweeper.............$ 1117 1.71 OPERATOR: fileOUJ/...Projects/USO/e201 O/o2OW,ayfinding%2oProject/wayfinding"/o2Ospecs/f inal*/o2Ofront`/`2Oend/Davis`/`2OBacon`/`2OWagcs`/`2O2Ol4.txt[1/3/2014 3:38:11 PM] Backhoe/Excavator/Trackhoe.......$ 17.20 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 11.60 0.00 OPERATOR: Broom/Sweeper.........$ 10.89 ODO OPERATOR- Bulldozer.............$ 13.90 0.00 OPERATOR: Crane.................$ 17.83 0.00 OPERATOR: Forklift..............$ 11.03 0.00 OPERATOR: Grader/Blade..........$ 16.08 0.00 OPERATOR: Loader................$ 16.59 0.00 OPERATOR- Mechanic..............$ 13.55 0.00 OPERATOR: Milling Machine.......$ 13.23 0.00 OPERATOR: Oiler.................$ 12.61 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 18.17 0.00 OPERATOR: Roller................$ 13.28 2.39 OPERATOR., Screed................$ 15.79 0.00 OPERATOR: Trencher-.....--$ 16.00 0.00 TRAFFIC SIGNALIZATION- Traffic Signal Installation......$ 19.03 0.00 TRUCK DRIVER: Dump Truck........$ 12.66 0.00 TRUCK DRIVER: Lowboy Truck......$ 14.94 0.00 TRUCK DRIVER: Water Truck.......$ 13.05 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ----------------- 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)). file-.///Q ...ProjectsIUSIX20 10/o2OWayfinding%2OProjt:ct/wayfinding%2OspecsYfinal�/`"20front``2Oend/Davis"/`2OBacon%2OWagcs`/�2O2Ol4.W[t/3/201 14 3 38:11 PM] ----------------------------------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 union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUMO 198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used. in processing the wage determination,. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. ------------------------------------------------------- ffle://AJJ/...Projects/LJSO/o2Ol%20W,ayfinding%2OProject/wayfind i ngO/o2Ospecs/final%20ftont°/�2Oend/Dav is%20Bacon"/.2OWagcs`/`2O2Ol4.txt[I/3/20 14 3 38:11 PMl WAGE DETERMINATION APPEALS PROCESS I,) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this, initial contact is not satisfactory, then the process described in 2.) and 3,) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations, Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue,N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue,N.W. Washington, DC 20210 file:///Ul/,,.Projects/US�/`2Ol%2OWayfinding�/�2OProject/wayfinding%2Ospecs/finail`/�2Ofront%+2Oend/Davis`/`2OBacon*/`2OW,ages%2O2Ol4.txt[1/3/20143:38:11PM] A 1 0 4) All decisions by the Administrative Review Board are final.. END OF GENERAL DECISION file:/✓✓[1M/...Projects,(US%u2Ol°/b2OWayfinding°/`2OPmject/wayfinding°/*2pspecs/fin,al"/�2Ofront`/`2Oend/Davis'%a2OBacotl°/�2OWages°do202014.txt[1/3/2014 3:38:41 PM]