Item C20BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 15, 2013 Division: Public Works/Engineering
Bulk Item: Yes X No _ Department: —Engineering_ Services Department
Staff Contact Person/Phone #: Judy Clarke X4329
AGENDA ITEM WORDING: Approval to execute Amendment 1 to the Task Order with CH2M
Hill Engineers, Inc to clarify consultant's services during construction and to extend the date of
contract. This project is funded by Florida Department of Transportation (FDOT) Local Agency
Program (LAP) Agreement.
ITEM BACKGROUND: The engineering design for repairs to the Old SR 940 (Watson Boulevard)
Bridge (County Bridge #904310) is complete. FDOT has requested a revision to the design task order
in order to facilitate reimbursement of consultant cost during construction phase.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved the On Call Contract for Professional
Services between Owner and Architect/Engineer with CH2M HILL ENGINEERS, Inc. at the
December 2009 meeting. BOCC approved Local Agency Program (LAP) Agreement with FDOT to
provide funding for design and construction of repairs to the bridge at the January 2011 BOCC
meeting. BOCC approved a task order with CH2MHILL for Engineering Design and Permitting
Services at the September 2011 meeting.
CONTRACT/AGREEMENT CHANGES: Changes language to clarify Consultant services during
construction phase of project and extends the date of completion by 1 year.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $94,640.00 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: _not applicable
COST TO COUNTY:—_
SOURCE OF FUNDS: FDOT
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
V
APPROVED BY: County Att0z OMB/Purchasing Risk Management t6/
DOCUMENTATION: Included X
DISPOSITION:
Revised 7/09
Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Ch2M Hill Engineers, Inc
Contract #
Effective Date: September 21, 2011
Expiration Date: June 30, 2014
Contract Purpose/Description:
Revise "construction phase services" to read
'Post Design Services" and to extend date
of contract by 1 year
Contract Manager: Judith Clarke
4329 Engineering/1
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 05-15-13
Agenda Deadline: 04-30-13
CONTRACT COSTS
Total Dollar Value of Contract: $ 94,640.00 Current Year Portion: $ 78, 648.00
Budgeted? Yes® No ❑ Account Codes: - - - -
Grant: $ 94,640.00 - - - -
County Match: $ 0 - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Revw r
Division Director �1� J� Yes[:] No
Risk Management 0 Yes❑ No
O.M.B./Purchasing 912La -t3 Yes❑ NoEl y -7& -13
County Attorney �FW13 Yes❑ Now
Comments:
OMB Form Revised 2/27/01 MCP #2
AMENDMENT 1 TO THE TASgQBDER SEPfiEEN MONROE COUNTY BOCCAND CH M HILL ENGINEERS INC. FOR
SR SW WATSON BOULQMD 090431Q) BRIDGE REPAtIR PROJECT
THIS AMENDMENT 1 to the Task order is entered into this ist' day of May. 2013 between Monroe
County, whose address is 1100 Simonton Street, Room 2-216 Key West, Florida 33040, hereafter the "COUNTY"
and CH2M Hill Engineers, Inc. a Corporation of the State of Florida, whose address is 6410 5t' Street, Suite 2-A,
Key West, FL. 33040, hereafter the "CONSULTANT".
WHEREAS, on the 21rtday of September, 2011 the parties executed a Task Order authorizing the
Consultant to perform a Scope of Services that include design for construction, permit application and support
during the bid and construction phases of the project for SR 940 Watson Boulevard (#904310) Bridge Repair
Project to be completed by June 30, 2013; for a lump sum fee of $94,640.00; and
WHEREAS, due to anticipated changes in the construction schedule the Consultant will be unable to
complete all the requirements of the Task Order by the completion date; and
WHEREAS, on the 21" day of September, 2011 CH2M Hill, Inc. the parties executed a consent to
assignment due to restructuring of the organization which is now known as CF12M Hill Engineers, Inc,; and
WHEREAS, the task order must be revised so that the Consultant's services during construction are more
properly described and clarified.
NOW THEREFORE, in consideration of the mutual promises contained herein, the COUNTY and
CONSULTANT agree to amend the task order as follows:
1. Under Article It Scope of Basic Services, Paragraph 3.0 Construction Phase Services is amended to
read as: 3.0 Post Design Services
2. Under Article VIII, Payment Paragraph 8.1, Construction Phase Services Is amended to read as:
Post Design Services
3. Article Vill, Payment Paragraph 8.1, All requirements shall be completed no later than June 30,
2013 for a total lump sum fee of Ninety-four thousand six hundred forty dollars and :era cents ($94,
640) is amended to read as: All requirements shall be completed no later than June 30, 2014 for a total
lump sum fee of Ninety-four thousand six hundred foM dollars and zero cents ($94, 640).
In all other respects the Task Order dated September 21, 2011 remains in full force and effect.
In WITNESS WHEREOF each party hereto has caused this contract to be executed by its duly authorized
representative.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY:
Mayor/ Chairman
(SEAL)
Attest: Amy Heavilin, CLERK
BY:
Deputy Clerk
DATE:
CH2" 'II Engineer 71ncBY:
TITLE: 5
(SEAL)
L.-
'�
MOW& COUNTYAT"I'ORNF-Y
DATE: `/'�+P /1 APPROVED AS TO FORM:
i
i�
CHRISTINE M. LIMSERT•9A ROWS
ASSISTANT COUN ATTORNEY
Date U l� �l I _ -
TASK ORDER FOR CONTRACT FOR PROFESSIONAL SERVICES BETWEEN
OWNER AND ARCHITECT/ENGINEER
FOR
BRIDGE #904310 SR940 WATSON BOULEVARD BRIDGE REPAIR DESIGN
In accordance with the Continuing Contract for On Call Professional Engineering Services made
and entered on the 16th day of December, 2009 between Monroe County hereinafter referred
to as the "County" and CH2M Hill, Inc., hereinafter referred to as "Consultant" where design
services are allowed if construction costs do not exceed $2,000,000.
All terms and conditions of the referenced Contract For Professional Services Between Owner
and Architect/Engineer apply to the Task Order, unless the Task Order modifies an Article of the
Agreement of which will be specifically referenced in this Task Order and the modification shall
be precisely described.
This Task Order is effective on the 21sth Day of September, 2011.
Article II Scope of Basic Services, Paragraph 2.1.1 is amended as follows:
The scope of services for the SR 940 Watson Boulevard (#904310) Bridge Repair Project will
include development and completion of design for construction, permit applications and support
during the bid and construction phases of the project. The Project is being administered through
the Florida Department of Transportation (FDOT) Local Agency Program (LAP); all work will be
conducted in accordance with current LAP, FDOT, State and Federal requirements. The scope
of services assumes that the bridge geometry and clearances will remain the same as existing.
The Design for Construction shall include, but shall not necessarily be limited to, plans and
specifications which describe all systems, elements, details, components, materials, equipment,
and other information necessary for construction. The Design for Construction shall be accurate,
coordinated and in all respects adequate for construction and shall be in conformity, and
comply, with all applicable law, codes, permits, and regulations. Products, equipment and
materials specified for use shall be readily available unless written authorization to the contrary
is given by the County.
Design submittal requirements shall conform to the requirements of the LAP program and all
applicable manuals and procedures.
1.0 DESIGN DEVELOPMENT
1.1 The Engineer shall review the FDOT bridge inspection reports, physically perform an
inspection of the bridge, prioritize the bridge deficiencies and make recommendations as to the
necessary repairs. The Engineer will address all elements noted in the FDOT bridge inspection
reports or identified during the physical inspection. Initial review of the FDOT bridge inspection
report dated November 30, 2009 and interim inspection I1-12 dated November 30, 2010 by the
Engineer indicates that the existing abutments are sufficient and will not require total
replacement or significant rehabilitation. Should further physical inspection by the Engineer
indicate that abutment replacement or significant rehabilitation is required the Engineer will
notify the County. Geotechnical services will not be performed. Legal, easement, right of way or
plat surveys will not be performed.
1.2 The Engineer shall prepare a Design Development Letter Report for the County's
approval. The Design Development Report shall consist of a written document that establishes
and describes the size and character of the proposed repair, materials and such other elements
as may be appropriate. The report will contain a conceptual cost estimate.
2.0 CONSTRUCTION DOCUMENTS
2.1 Based on the approved Design Development Documents and any further adjustments
authorized by the County in the scope or quality of the Project, the Engineer shall prepare, for
approval by the County, Construction Documents consisting of Drawings and Specifications
setting forth in detail the requirements for the construction of the project. Construction
documents shall conform to the standards contained in the most current version of the following:
Florida Department of Transportation Roadway Plans Preparation Manuals
htti)://www.dot.state.fl.us/rddesian/PPMManual/PPM.shtm
2. Florida Department of Transportation Design Standards
http://www.dot.state.fl.us/rddesimVDesi=Standards/Standards. shtm
Florida Department of Transportation Surveying Procedure
http://www2.dot.state.fl.us/proceduraldocuments/procedures/bin/550030101.pdf
Florida Department of Transportation Drainage Manual
http://www.dot.state.fl.us/rddesian/dr/files/2008DrainageManual.pdf
5. Florida Department of Transportation Soils and Foundations Handbook
http://www.dot.state.fl.us/stractures/Manuals/SFH.pdf
6. Florida Department of Transportation Structures Manual (625-020-018) including
Temporary Design Bulletins
httD://www.dot. state.fl.us/structures/StructuresManual/CurrentRelease/STRManual.htm
7. MUTCD
htip://mutcd.fhwa.dot.gov/
8. American Disabilities Act
http://www2.dot. state.fl.us/Droceduraldocuments/procedures/bin/625020015.pdf
9. Florida Department of Transportation Pavement Coring and Evaluation Procedure
http://www.dot.state.fl.us/statematerialsoffice/administration/resources/librarL/publicatio
ns/material smanual/documents/v 1-section32-clean.pdf
10. Florida Department of Transportation Flexible Pavement Design Manual
htip://www.dot.state.fl.us/pavementmanagement/PUBLICATIONS.shtrn
11. Florida Department of Transportation Rigid Pavement Design Manual
http://www.dot.state.fl.us/pavementmana ea ment/pcs/RigidPavementManuaIJanugU 1200
9.pdf
12. Federal Highway Administration Checklist and Guidelines for Review of Geotechnical
Reports and Preliminary Plans and Specifications
http://www.fhwa.dot.gov/engineeriniz/ eog tech/pubs/reviewguide/checklist.cfm
13. Florida Department of Transportation Manual of Uniform Minimum Standards for
Design, Construction and Maintenance for Streets and Highways
htlp://www.dot.state. fl.us/rddesi=/FloridaGreenbook/2007/2007F1oridaGreenbook.pdf
14. Florida Statutes
http://www.leg. state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&Submenu=l &Ta
b=statutes&CFID=14677574&CFTOKEN=80981948
15. Florida's Bicycle Facilities Planning and Design Handbook.
htip://www.dot.state.fl.us/safety//ped bike/ped bike standards.htm#Florida%o20Bike%20
Handbook
16. AASHTO Guide for the Development of Bicycle Facilities
http://www.sccrtc.orwbikes/AASHTO 1999 BikeBook.pdf
17. Florida's Quality/Level of Service Handbook for Planning
http://www.dot.state.fl.us/planniniz/systems/sm/los/los sw2.htm
18. A Policy on Geometric Design of Highways and Streets, American Association of State
Highway and Transportation Officials (AASHTO Green Book) (GDHS-5 AASHTO
Bookstore).
19. The Highway Capacity Manual (Transportation Research Board)
htlp://galliver.trb.org/2ookstore/
(TRB Bookstore `HCM2KE).
20. FDOT Standard Specifications for Road and Bridge Construction (with supplemental
specifications).
http://www.dot.state.fl.us/Specificationsoffice/2007BK/TOC.htm
21. Facilities Design Manual (Topic No. 625-020-016-a)
http://www.dot. state.fl.us/structures/Manuals/2002fdotfacilitiesmanual.pdf
22. AASHTO LRFD Bridge Design Specifications (Mandatory beginning 2007) (AASHTO
Bookstore `4-LRFDUS-4')
23. Right of Way Mapping Procedure (Topic No. 550-030-015-e)
htip://www.dot.state.fl.us/survgyin ang d mapping/RWMapplingHandbook.pdf
24. Project Development and Environmental Manual Par 1 and 2 (Topic No. 650-000-001).
htip://www.dot.state.fl.us/emo/pbs/pdeman.htm
Where FDOT design standards cannot be met the Engineer will request a design variance or
exception.
2.2. The Engineer shall provide Drawings and applicable Technical Special Provisions to the
County for the County's and FDOT's review (the Florida Department of Transportation Standard
Specifications will be incorporated by reference) at the 60%, 90% and 100% stages of the
project. The Engineer shall respond to questions resulting from County and FDOT review and
incorporate any required revisions to the construction drawings and specifications. Design
calculations package will be submitted with the 100% phase construction drawings.
2.3 The Engineer will provide a construction cost estimate and a project schedule at each
phase submittal.
2.4 Upon completion of the Construction Documents Phase, the Engineer shall provide
Construction Documents for the County's approval. Upon approval by the County the Engineer
shall provide the County up to 5 sets of Construction Documents that have been signed and
sealed by the Engineer. The Engineer shall also provide an electronic version of the
construction documents.
2.5 The Engineer shall assist the County in the preparation of the necessary bidding
information for the production of bidding forms, the Conditions of the Contracts, and the forms of
Agreements between the County and the Contractors by providing supporting information as to
the projects scope, bid items, estimated quantities and construction duration. The County shall
prepare all Bidding Forms, Conditions of the Contract, and Forms of Agreement.
2.6 The Engineer's construction documents (plans, specifications, etc.) will conform to
FDOT's requirements, to all codes and regulations of the federal government, county, state,
municipalities, agencies and state departments, in effect at the date of this Agreement, and shall
be of such completion as to be acceptable for review and ruling by said agencies when permits
are applied for. The Engineer shall use due care in determining permit requirements and shall
meet with regulatory agencies as necessary to coordinate specific permit requirements. The
Engineer shall document all meetings and conversations with said regulatory agencies. If
permits are denied for incompleteness or for lack of following said codes or regulations, or
permit requirements, then the Engineer will conform the construction documents in such manner
to receive permits upon such plans. Work required by the Engineer to conform documents to
federal, state, city, county, or agency specifications to allow them to be approved shall be
completed at no charge or cost to the County, unless said requirements are changed during the
course of the project.
2.7 The Engineer shall file (through the County) all documents required for the approval of
governmental authorities having jurisdiction over the project. The Engineer shall file (through the
County) the necessary documents to obtain Environmental Resource Permits and all other
permits required for construction. The County shall be responsible for the timely submittal of all
permit application fees.
2.8 As needed by the County, the Engineer will provide clarification and answers to
questions from prospective bidders during the construction bid process. Answers will be
provided in a timely manner in order to facilitate bidding.
3.0 CONSTRUCTION PHASE
3.1 The Engineer shall attend the pre -construction meeting.
3.2 The Engineer shall respond to requests for information (RFIs), and review and approve
or take other appropriate action upon Contractor's Shop Drawings submittals. The Engineer's
action shall be taken with such reasonable promptness as to cause no delay in the Contractor's
Work or in construction by the County's own forces, while allowing sufficient time in the
Engineer's professional judgment to permit adequate review. In general, said review and action
shall be completed in 10 working days from receipt of a shop drawing submittal, excluding
resubmittals. Review of such submittals is not conducted for the purpose of determining the
accuracy and completeness of other details such as dimensions and quantities or for
substantiating instructions for installation or performance of equipment or systems designed by
the Contractors, all of which remain the responsibility of the Contractors to the extent required
by the Contract Documents. The Engineers review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by the Engineer, of construction means,
methods, techniques, sequences, or procedures.
3.3 The Engineer shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the Engineer or its consultants or
both.
3.4 The Engineer must reimburse the County for any added costs paid by the County during
construction that were incurred as the result of any error, omission, deficiency, or conflict in the
work product of the Engineer, its consultants, or both. This added expense is defined as the
difference in cost from that which the County would have paid if the work was included in the
bid, and the actual cost presented by the Contractor. The Engineer shall not be held responsible
for additional deficiencies found due to a delay in the construction of the project or for those
hidden deficiencies that could not reasonably be determined through a review of the FDOT
Bridge Inspection Reports or physical inspection of the bridge by the Engineer.
3.5 Regular attendance at monthly construction progress meetings is not required; as
needed, The Engineer may attend project coordination meetings by conference call. The
Engineer will assist the County In closing out the project upon completion of construction.
3.6 Upon completion of construction the Engineer will submit 2 sets of signed and sealed
record drawings and one set in CADD format on CD based on the Contractors red -line as built
drawings. Updated design calculations will be submitted if different from 100% phase submittal.
3.7 Any labor and expenses required to address construction claims, unforeseen conditions,
or additional construction time requested by the Contractor or the County will be considered as
Additional Services.
4.0 CONSTRUCTION COST
Contemporaneously with the submission of the Design, the Engineer shall submit to the County
in writing its final estimate of the contractor's anticipated bid price for constructing the Project.
Once submitted, the final anticipated price estimate shall be adjusted by the Engineer to reflect
any increase or decrease in anticipated price resulting from a change in Design.
4.1 The Construction Cost shall be the total estimated bid cost to the County of all elements
of the Project designed or specified by the Engineer.
4.2 The Construction Cost shall include the cost at current market rates of labor and
materials and Equipment designed, specified, selected or specially provided for by the
Engineer, plus a reasonable allowance for Contractor's overhead and profit.
4.3 Construction cost does not include the compensation of the Engineer and the Engineer's
consultants, the costs of land, rights -of -way, financing or other costs which are the responsibility
of the County.
Article VIII Payment, Paragraph 8.1 is amended to read:
Terms of payment will be governed by state guidelines and hourly rates contained in the
Contract for Professional Services between Owner and Architect/Engineer dated December 16,
2009.
The Consultant shall be paid monthly; the following not to exceed amounts will apply for each
phase of the project:
Design Development $ 31,952
Construction Documents/Bid Phase Services $ 46,696
Construction Phase Services $ 15,992
Total Lump Sum Fee $ 94,640
All requirements shall be completed no later than June 30, 2013 for total lump sum fee of
Ninety-four thousand six hundred forty dollars and zero cents ($94,640).
Article XVII Additional Requirements is amended to include:
17.2 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS
The following forms and provisions are incorporated in and made a part of this contract.
a). FHWA Form 1273 is attached hereto as Attachment A and made a part of this Agreement
b). The CONSULTANT and any sub -consultants shall not discriminate on the basis of race,
color, national origin or sex in the performance of this contract. The CONSULTANT shall carry
out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT -
assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other
remedy as the COUNTY deems appropriate.
c). CONSULTANT will comply, and ensure its sub -consultants will comply, with the
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower
Tier Covered Transactions in 49 C.F.R. Part 29, when applicable.
d). Equal Employment Opportunity: In connection with the carrying out of any project, the
CONSULTANT shall not discriminate against any employee or applicant for employment
because of race, age, religion, color, sex national origin, disability or marital status. The -
CONSULTANT will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion color,
gender, national origin, disability or marital status. Such action shall include, but not be limited
to, the following: employment upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship.
e). No member, officer or employee of Monroe County or of the locality during his tenure or for
2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds
thereof.
f). The CONSULTANT will complete and submit the FDOT Anticipated DBE Participation
Statement Form No. 275-030-11A to identify DBE participation as outlined in Section XVII part
v), Disadvantaged Business Enterprise (DBE) Policy and Obligations, of the Contract for
Professional Services.
Consultant's cost breakdown proposal and anticipated schedule is attached as Attachment B and
made a part of this Agreement.
IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly
authorized representative.
Consultant
Signat'Ufg — -- Date
V �or4s RocJA
Title A r m Mq ica 8 ✓
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
n 1-
�h
By: C CL
Deputy Clerk
Date: CA - a \- i 1
M,0NR0E 0UNI i Y ATTO 7:,3 ',!r
f `IAPPROVED AS TO FORM:
CHMSTlNE M, UMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date
Witness
-o,Q
Signature ate
BOARD OF COUNTY COMMISSIONERS
OF MONROE COYNTY, FLORIDA
by:
Mayor/Chairman
Required Contract Provisions Federal -Aid Construction Contracts
FHWA-1273 Electronic Version — March 10, 1994
I. General 1
II. Nondiscrimination 2
III. Nonsegregated Facilities 6
IV. Payment of Predetermined Minimum Wage 7
V. Statements and Payrolls 12
VI. Record of Materials, Supplies, and Labor 14
VII. Subletting or Assigning the Contract 14
VIII. Safety:, Accident Prevention 15
IX. False Statements Concerning Highway Projects 16
X. Implementation of Clean Air Act and Federal Water PollutionControl Act 17
XI. Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion 17
XII. Certification Regarding Use of Contract Funds for Lobbying 21
Attachments
A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) 23
I. GENERAL
1. These contract; provisions shall apply to all work performed on the contract by the
contractor's own organization and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the contract by piecework, station
work, or by subcontract.
2. Except as otherwise provided for in each section, the contractor shall insert' in each
subcontract all of the stipulations contained in these Required Contract Provisions,' and
further require their inclusion in any lower tier subcontract or purchase order that may in turn
be made. The Required Contract Provisions shall not be incorporated by reference in any
case. The prime contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with these Required' Contract Provisions.
3. A breach of any of the stipulations contained in these Required Contract Provisions shall be
sufficient grounds for termination of the contract.
4. A breach of the following clauses of the Required Contract Provisions may also be grounds
for debarment as provided in 29 CFR 5.12;
Section I, paragraph 2
Section IV, paragraphs 1,, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
I
5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and
Section V of these Required Contract Provisions shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accordance With the proceduresof
the U.S. Department of Labor (DOL) as set forth in 29 CFR;5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor (or any of its subcontractors)
and the contracting agency, the DOL or the' contractor's employees or their representatives.
6. Selection of Labor: During the performance of this contract, the contractor shall not:
a. discriminate against labor from any other State, possession, or territory of the United
States' (except for employment preference for Appalachian contracts, when
applicable, as specified in Attachment A), or
b. .' employ convict labor for any purpose within the limits of the project unless it is labor
performed by convicts who are on parole, supervised release, or probation'.
tl. NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or
more.)
1. Equal' Employment Opportunity: Equal employment opportunity (EEO) requirements not
to discriminate and to take affirmative action to assure equal opportunity as set forth under
"Jaws, executive orders, rules, regulations (28 CFR 35,29 CFR 1630 and 41 CFR 60) and
orders of the Secretary of Labor as modified by the provisions prescribed herein, and
imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action
standards for the contractor's project' activities under this contract. The Equal Opportunity
Construction Contract' Specifications set forth under 41 CFR'60-4.3 and the provisions of the
American Disabilities Act of 1990 (42',U.S.C. 12101 e1 M.) set forth under 28 CFR 35 and
29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract,
the contractor agrees to comply with the following minimum specific', requirement activities of
EEO:
a. The contractor will work with the State highway agency (SHA) and the Federal
Government in carrying out EEO obligations and in their review of his/her activities
under the contract.
b. The contractor will accept as his operating policy the following statement:
"It is the policy of this Company to assure that applicants are
employed, and that employees are treated during employment,
without regard to their race, religion, sex, color, national origin, age
or disability. Such action shall include: employment, upgrading,
demotion, or transfer recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship, preapprenticeship,
and/or on-the-job training."
2. EEO Officer:The contractor will designate and make known to the SHA contracting officers
an EEO Officer who will have the responsibility for and must be capable of effectively
administering, and promoting an active contractor program of EEO and who must be
assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire,
supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved In such action,, will be made fully cognizant of and will implement, the
contractor's EEO policy and contractual responsibilities to provide EEO in each grade and
classification of employment. To ensure that the above agreement will be met, the following
actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted
before the start of work and then not less often than once every six' months, at which
time the contractor's EEO policy and its implementation will be reviewed and
explained. The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough
indoctrination', by the EEO Officer, covering all major aspects of the contractor's EEO
obligations within thirty days'foll"owing their reporting for duty with the contractor.
C. All personnel who are engaged in direct recruitment for the project will be instructed
by the EEO Officer in the contractor's procedures for locating and hiring minority
group' employees.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas
readily accessible to employees, applicants for employment and potential
employees.
- e. - The contractor's EEO -policy and the -'procedures to implement such -policy - _will be-
brought to the attention of employees by means of meetings, employee handbooks,
or other appropriate means.
4. Recruitment: When advertising for employees, the contractor will include in all
advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed' in publications having a large circulation among minority
groups in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct
systematic and direct recruitment through public and private employee referral
sources likely to yield qualified minority group applicants. To meet this requirement,
the contractor will identify sources of potential minority group employees, and
establish with such identified sources procedures whereby minority group applicants
may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive
hiring hall referrals, he is expected to observe the provisions of that agreement to
the extent that the system permits the contractor's compliance with EEO contract
provisions. {The DOL has held that where implementation of such agreements have
3
the effect of discriminating against minorities or women, or obligates the contractor
.to do the same, such implementation violates Executive Order 11246, as amended.)
C. The contractor will encourage his present employees to refer minority group
applicants for employment. Information and procedures with regard to referring
minority group applicants will be discussed with employees.'
5. Personnel Actions: Wages, working', conditions, and employee benefits shall be established
and administered, and personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race,
color, religion, sex, national origin, age or disability. The following procedures shall be
followed:
a. The contractor will conduct periodic inspections of project sites to insure that
working conditions and employee facilities do not indicate discriminatory treatment
of project site, personnel.
b. The contractor will periodically evaluate the spread of wages paid within each
"classification to determine any evidence of discriminatory wage practices.'
C. The contractor will periodically review selected personnel actions in depth to
determine whether there is evidence of discrimination. Where evidence is (found, the
contractor will promptly take corrective action. If the review indicates that the
discrimination' may extend beyond the actions reviewed, such corrective action shall
include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made
to the contractor in connection with his obligations under this contract, will attempt to
resolve such complaints, and will take appropriate corrective action 'within a
reasonable time. If the investigation' indicates that the discrimination may affect'
persons other than the. complainant; such corrective action shall include such other
persons. Upon completion of each investigation, the contractor will inform every
complainant of all of his avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minority
group and women employees, and applicants for employment.
b. Consistent with the contractor's workforce requirements and as permissible under
Federal and State regulations, the contractor shall make full use of training
programs, i.e., apprenticeship, and on-the-job training programs for the geographical
area of contract performance.' Where feasible, 25 percent of apprentices or trainees
in each occupation shall be in their first year of apprenticeship or training. In the
event a special provision for training is provided under this contract, this
subparagraph will be superseded as indicated in the special' provision.
G. The contractor will advise employees and applicants for employment of available
training, programs and entrance requirements for each.
d. The contractor will periodically review the training and promotion potential of minority
group and women employees and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in, part upon unions as a source of employees,
the contractor will use his/her best efforts to obtain the cooperation of such unions to
increase opportunities for minority groups and women within the unions, and to effect
referrals by such unions of minority and female employees. Actions by the contractor either
directly or through a contractor's association acting as agent will include the procedures set
forth below:
a. The contractor will use best efforts to develop, in cooperation with the unions, joint
training, programs aimed toward qualifying more minority group members and
women for membership in the unions and increasing the skills of minority group
employees and women so that they may qualify for higher paying employment.
b. The contractor will use best efforts to Incorporate an EEO clause into each union
agreement to the end that such union will be contractually bound to refer applicants
without regard to their race, color, religion, sex, national origin, age for disability.
c. The contractor is to obtain information as to the referral practices and policies of the
labor union except that to the extent such information is within the exclusive
possession of the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to the SHA and shall set
forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of
minority and women referrals within the time limit set forth in the collective
bargaining agreement, the contractor will, through independent recruitment efforts,
fill the employment vacancies' without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified' and/or qualifiable
minority group',persons and women. (The DOL has held that it shall', be no excuse
that the union with which the contractor has a' collective bargaining agreement
providing for exclusive lreferral failed to refer minority employees.) In the event the
union referral practice prevents the contractor from meeting', the obligations pursuant
to Executive Order 11246, as amended, and these special provisions, such
contractor shall immediately notify the SHA.
8. Selection of Subcontractors,Procurement of Materials' and Leasing of Equipment: The
contractor shall not discriminate on the grounds of race, color, religion, sex, national' origin,
age or disability' in the selection and retention of subcontractors, including procurement of
materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO
obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have
equal opportunity to compete for and perform subcontracts which the contractor
enters into pursuant to this contract. The contactor will use his best efforts to solicit
bids from and to utilize DBE subcontractors or subcontractors with meaningful
5
minority group and female representation among their employees. Contractors shall
obtain lists of DBE construction firms from SHA personnel.
C. The contractor will use his best efforts to ensure subcontractor compliancewith their
EEO obligations.
9. Records and Reports: The contractor shall keep such records as necessary to document
compliance with the EEO requirements. Such records shall be retained for a period of three
years following completion of the contract work and shall be available at reasonable times
and places for inspection by authorized representatives of the SHA and the FHWA,
a. The records kept by the contractor shall document the following:
1. The number of minority and :non -minority group members and women
employed in each work classification on the project;
2. The progress and efforts being made in cooperation with unions, when
applicable, to increase employment' opportunities for minorities and women;
3. The progress and efforts being made in locating, hiring, training, qualifying,
and upgrading minority and female employees; and
4. The progress and efforts being made in securing the services of DBE
subcontractors or subcontractors with meaningful minority and female
representation among their employees.
b. The contractors will submit an annual report to the SHA each July for the duration of
the project, indicating the number of minority, women, and non -minority group
employees currently engaged in each work classification required by the contract
work. This information is to be reported on Form FHWA-1391. If on-the-job training
training
is being required by special provision, the contractor will be required to collect and
report' training' data.
tlt> NONSEGREGATED FACILITIES
(Applicable to all Federal -aid' construction contracts and to all related subcontracts' of $10,000 or
more.)
a. By submission of this bid, the execution of this contract or subcontract, or the consummation
of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid
construction Contractor, subcontractor, material supplier, or vendor, as appropriate, Certifies'
that the firm does not maintain or provide for its employees any segregated' facilities at any
of its establishments, and thatthe firm does not permit its employees to perform their'
services at any location, under its control, where segregated' facilities are maintained. The
firm agrees that a breach of this certification's a violation of the EEO provisions of this
contract. The firm further certifies that no employee will be denied access to adequate
facilities on the basis of sex or disability.
b. As used in this certification, the term "segregated facilities" means any waiting rooms, work
areas,'restrooms and washrooms, restaurants and other eating areas, timeclocks, locker
rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are
segregated by explicit directive, or are, in fact, segregated on the basis of race, color,
6-
religion, national origin, age or disability, because of habit, local custom, or otherwise. The
only exception will be for the disabledwhen the demands for accessibility override l(e.g.
disabled parking).
c. The contractor agrees that it has obtained or will obtain identical certification from proposed
subcontractors or material suppliers prior to award of subcontracts or consummation of
material supply agreements of $10,000 or more and that it will retain such certifications in its
files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related
subcontracts, except for projects located on roadways classified as local roads or rural minor
collectors, which are exempt.),'
1. General:
a. All mechanics' and laborers employed or working upon the site of the work
will be paid unconditionally and not less often than once a week and without
subsequent deduction or rebate on any account [except such payroll
deductions as are permitted by regulations (29 CFR 3) issued by the
Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full
amounts of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment. The payment shall be computed at wage "
rates not less than those contained in the wage determination of the
Secretary of labor (hereinafter "the wage determination") which is attached
hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor or its subcontractors'
and such laborers and mechanics. The wage determination (including any
additional classifications and wage rates conformed' under paragraph 2 of
this Section IV and the DOL poster (WHA 321) or Form FHWA 1495) shall
be posted at all times by the contractor and its subcontractors at the site of
the work in a prominent and accessible place where it can be easily seen by
the workers. For the purpose of this Section, contributions made or costs
reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of
the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics '
are considered wages paid to such laborers or mechanics, subject to the
provisions of'Section 'IV, paragraph 3b, hereof. Also, for the; purpose of this
Section, regular contributions made or costs' incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs,
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 wage rate and fringe benefits on the,wage
determination for the classification' of work actually performed, without
regard to skill, except as provided in paragraphs 4 and 5 of this Section IV
b. Laborers or mechanics performing work in more than one classification may
be compensated at the rate specified for each classification for the time
actually worked therein, provided, that the employer's payroll records
7
accurately set forth the time spent in each classification in which work is
performed.
c.All rulings and interpretations of the Davis -Bacon Act and related acts
contained in'29 CFR 1, 3, and 5 are herein' incorporated by reference in this
contract.
2. Classification:
a. The SHA contracting officer shall require that any class of laborers or mechanics
employed under the contact, which is not listed in the wage determination, shall be
classified in conformance with the wage determination.
b. The contracting officer shall approve an additional classification, wage rate and
fringe', benefits only when the following criteria have been met:
1. the work to be performed by the additional classification requested is not
performed by;a classification in the wage determination; .
2, the additional classification is utilized in the area by, the construction
industry;
3. the proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination; and
4. with respect to helpers, when such a classification 1prevails in the area in
which the work is performed'.
c. If the contractor or subcontractors ,as appropriate, the laborers and mechanics (if e
known) to be employed in the additional classification or their representatives, and
the contracting officer agree on the 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 DOL, Administrator of the
Wage and Hour Division, Employment Standards Administration, Washington,
D.C. 20210. The Wage and Hour Administrator, or an authorized representative,
will approve, modify, or disapprove' every additional classification action within30
days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary.
d. In the event the contractor or subcontractor;, as appropriate, the laborers or
mechanics to be employed in the additional classification or their representatives,
and the contracting officer do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested
parties and the recommendation of the contracting officer, to the Wage and Hour
Administrator for determination. Said Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise
the contracting officer or will notify the contracting officer within the 30-day period
that additional time is necessary.
e The wage rate (including fringe benefits where appropriate) determined pursuant
to paragraph 2c or 2d of this Section IV shall be paid to all workers performing
work in the additional classificationfrom the first day on which work is performed
in the classification.
3. Payment of Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an hourly, rate, the
contractor or subcontractors, as appropriate,' shall either pay the benefit as'stated 'in
the wage determination or shall pay another bona fide fringe benefit or an hourly
case equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not make payments to a
trustee or other third person, he/she may consider as a part; of the wages of any
laborer or mechanic the amount of any costs 'reasonably anticipated in providing
bona fide fringe benefits under a plan' or program, provided, that the Secretary of
Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis-Bacon'Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers:
a. Apprentices:
1. Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the DOL,
Employment and Training Administration, Bureau of Apprenticeship and
Training, or with a State apprenticeship agency recognized by the Bureau„ or if a
person is employed in his/her first 90 days of probationary employment as an
apprentice in such an apprenticeship program, who is not individually registered
in the program, but who has been certified by the Bureau of Apprenticeship and
Training or a State apprenticeship agency (where appropriate) to be eligible for
probationary employment as an apprentice.
2. The allowable ratio of apprentices to journeyman -level ' employees on the job site
in any craft classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any
employee listed on a payroll at an apprentice wage rate, who is not registered' or
otherwise employed as stated above, shall be paid not less than the applicable
wage rate listed in the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess
of the ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work actually
performed.' Where' a contractor or subcontractor is performing construction on a
project in a locality other than that in which its program is registered, the ratios'
and wage rates (expressed in percentages of the journeyman -level hourly rate)
9
specified in the contractor's or subcontractor's registered program shall be
observed.
-3. Every apprenticemust be paid at not less than the rate specified in the
registered' program for the apprentice's level of progress, expressed as'a
percentage of the journeyman -level hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship program does
not specify fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable classification. If the
Administrator for the Wage and Hour Division determines that a' different
practice prevails for the applicable apprentice classification, fringes shall be paid
in accordance with that determination.
4. In the event the Bureau of Apprenticeship and Training, or a State
apprenticeship agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the contractor or subcontractor will no longer be
permitted to utilize', apprentices at less than the applicable predetermined rate for
the comparable work performed by regular employees until an acceptable
program is approved.
b. Trainees:
1. Except as provided in 29 CFR'5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are lemployed
;pursuant to and individually registered in a program which has received prior
approval, evidenced by formal certification by the DOL, Employment and Training
Administration.
2. The ratio of trainees to journeyman -level employees on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
Administration. Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any
trainee' performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
3. 'Every trainee must be paid at not less than the rate specified in the approved
program for his/her level of progress, expressed as a percentage of the journeyman -
level hourly rate specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with, the provisions of the trainee program. If the
trainee program does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the Administrator
of the Wage and Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman -level wage rate on the wage
determination which provides for less than full fringe benefits for apprentices, in
which case such trainees shall receive the same fringe benefits as apprentices.
t0
4. In the event the Employment and Training Administration withdraws', approval of a
training program, the contractor or subcontractor Will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the work jperformed until'
an acceptableprogram is approved.
c. Helpers:
Helpers will be permitted to work on a project if the helper
classification' is specified and defined on the; applicable wage
determination' or is approved pursuant to the conformance
procedure set forth in Section IV.2. Any worker listed on a payroll at
a helper wage', rate, who is not a helper under a approved definition;
shall be paid not less than the applicable wage rate on the wage
determination' for the classification of work actually performed.
5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training programs which'
have been certified by the Secretary of Transportation as promoting iEEO in connection with
Federal' -aid highway construction programs are not subject to the requirements of paragraph
4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under
such programs will be established by the particular programs. The ratio of apprentices and
trainees to journeymen' shall not be greater than permitted by the terms of the particular
program.
6. Withholding:
The SHA shall upon its own action or upon written request of an authorized representative
of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this
contract or any other Federal contract with the same prime contractor, or any other
Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is
held by the same prime contractor, as much of the accrued payments or advances as may
be considered necessary to pay laborers and mechanics, including apprentices, trainees,
and helpers, employed by the contractor or any subcontractor the full amount of wages
required' by the contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the'work, all or part of the
wages required by the contract, the SHA contracting officer may, after written notice to the
contractor, take such action as may be necessary to, cause the suspension of any further
payment, advance, or guarantee of funds until such violations have ceased.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers, mechanics, watchmen, or guards (including
apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or
permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is
employed on such work, to work in excess of40 hours in such workweek unless such
laborer,' mechanic, watchman, or guard receives compensation at a rate not less than one -
and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in
such workweek.
11
8. Violation:
Liability for Unpaid Wages; Liquidated Damages:In the event of any violation of the
clause set forth in paragraph 7 above, the contractor and any subcontractor responsible
thereof shall be liable to the affected employee for histher unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory),
for liquidated damages. Such lliquidated damages shall be computed with respect to each
individual laborer, mechanic, watchman, or guard employed in violation of the clause set
forth in l paragraph 7, in the sum of $10 for each calendar day on which such employee was
required or permitted to work in excess of the standard work week of 40 hours without
payment of the overtime wages required by the clause set forth in paragraph 7.
9. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of any authorized
representative of the DOL withhold, or cause to be withheld,' from any monies payable on
account of work performed by the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contractor, or any other Federally -assisted
contract subject to the Contract Work' Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor' for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related
subcontracts, except for projects located on roadways classified as local roads or rural collectors,,
which are exempt.)
1. Compliance with Copeland Regulations (29 CFR'3):
The contractor shall comply with the Copeland Regulations' of the Secretary
of Labor which' are herein incorporated by reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be maintained by the contractor and
each subcontractor during the course of the work and preserved for a period of 3
years from the date of completion of the contract for all laborers, mechanics,
apprentices, trainees; watchmen, helpers, and guards working at the site of the
work.
b. The payroll records shall contain the name, social security number, and address of
each such employee; his or her correct classification; hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or
cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon
Act); daily and weekly number of hours worked; deductions made; and actual wages
paid. In addition, for Appalachian contracts, the payroll records shall contain a
notation indicating whether the employee does, or does not, normally reside in the
12
labor area asldefined lin Attachment A, paragraph 1 Whenever the Secretary of
Labor,pursuant to Section IV, paragraph 3b has found that the wages of any
laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in Section 1(b)(2)(B)'of the
Davis Bacon Act, the contractor and each subcontractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, that the plan or program has been
communicated in writing to the laborers or mechanics affected, and show the cost'
anticipated or the actual cost incurred in providing benefits.' Contractors or
subcontractors employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprentices and trainees, and ratios
and wage rates prescribed in the applicable; programs.
C. Each contractor and subcontractor shall furnish, each week in which any contract
work is performed, to the SHA resident engineer a payroll of wages paid each of its
employees (including apprentices, trainees, and helpers, described in Section IV,
paragraphs 4 and 5, and watchmen and guards engaged on work during the
preceding weekly payroll perlod). The payroll submitted shall set out accurately and
completely all of the information required to be maintained under paragraph 2b of
this Section V. This information may be submitted in any form desired. Optional
Form WH-3471is available for this purpose and may purchased from the
Superintendent of Documents (Federal stock number 029-005-0014-1 ), U.S.
Government Printing Office, Washington, D.C. 20402. The,prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
d. Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his/her agent who pays or supervises
the payment of the persons employed under the contract and shall certify the
following:
1. that the payroll for the payroll period contains the information required to be
maintained under; paragraph 2b of this Section V and that such information is
correct and complete;
2. that such, laborer or mechanic (including', each helper, apprentice, and trainee)'
employed on the contract during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages
earned, other than permissible deductions as set forth in the Regulations, 29
CFR 3;
3. that each laborer or mechanic has been paid not less that the applicable wage'
rate and fringe benefits or cash equivalent for the classification of worked
performed, as specified in the applicable' wage determination incorporated into
the contract
e. The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 2d of this Section' V.
f. " The falsification of any of the above certifications may subject the contractor to civil
or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records required under paragraph'2b
of this Section V available for inspection, copying, or transcription by authorized
representatives of the SHA, the FHWA, or the DOL,and shall permit such
representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to make them
available, the SHA, the FHWA, the DOL, or all may, after written notice to the
contractor, sponsor, applicant, or owner, take such actions as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.'
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1, On all Federal -aid contracts on the National Highway System, except those which provide
solely for the, installation of ;protective devices at railroad grade crossings, those which are
constructed on a force account or direct labor basis, highway beautification contracts, and
contracts for which the total final construction cost for roadway and bridge is less than,
$1,000,000 (23 CFR' 635) the contractor shall:
a. Become familiar with the list of specific materials and supplies contained in Form
FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway
Construction Involving Federal Funds," prior to the commencement of work under
this contract.
b. Maintain a record of the total cost of all materials and supplies purchased for and
incorporated in the work, and also of the quantities of those speck materials and
supplies listed on Form FHWA-47, and in the units shown on Form'FHWA-47.
c. furnish, upon the completion of the contract, to the SHA resident engineer on Form
FHWA-47 together with the data required in paragraph I relative to materials and
supplies, a final labor summary of all contract work indicating the total hours worked
and the total amount earned,
2. At the prime contractor's option, either a single report covering all contract work or separate
reports for the contractor and for each subcontract shall be submitted:
SUBLETTING OR ASSIGNING THE CONTRACT
1 The contractor shall perform with its own organization 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 designated by the State. Specialty
items may be performed by subcontract and the amount of any such specialty items
performedmaybe deducted from the total original contract price before computing the
amount of work required to be performed by the contractor's own organization (23 CFR 635).
1
a."Its own organization" shall be construed to include only workers employed
and paid directly by the prime contractor and equipment owned or rented by
the prime contractor,', with or without' operators. Such term does not include
employees or equipment of a subcontractor, assignee, or agent of the prime
contractor.
b. "Specialty Items" shall be construed to be limited to work that requires highly
specialized knowledge, abilities, or equipment not ordinarily available in the
type of contracting organizations qualified and expected to bid on the
contract as a whole and in general are to be limited to minor components of
the overall contract.
2. The contract amount upon which the requirements set forth in paragraph 1'of Section VII'is
computed includes the cost of material and manufactured products which are to be
purchased or produced by the contractor under the contract provisions.
3. ' The contractor shall furnish (a) a competent superintendent or supervisor who is employed
by the firm, has full authority to direct', performance of the work In accordance with the
contract requirements, and is in charge of all construction operations (regardless of who
performs the work) and(b) such other of its own organizational resources (supervision,
management, and engineering services) as the SHA' contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the
written consent of the SHA contracting officer; or authorized representative, and such
consent when given shall not be construed to relieve the contractor of any responsibility for
the fulfillment of the contract. Written consent will be given only after the SHA has assured'
that each subcontract Is evidenced in writing. and that it contains all pertinent provisions and
requirements of the prime contract.
Vlll. SAFETY: ACCIDENT PREVENTION
1. 'In the performance of this contract the contractor shall comply With all applicable Federal,
State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor
shall provide all safeguards, safety devices and protective equipment and take any other
needed actions as it determines, or as the SHA contracting officer may determine, to be
reasonably necessary'to protect the life and health of employees on the job', and the safety of
the public and to protect property in connection with the performance of the work covered by
the contract.
2. it is a condition of this contract, and shall be made a condition of each subcontract, which
the contractor enters into pursuant to this contract, that the contractor and any subcontractor
shall not permit any employee, in performance of the contract, to work in surroundings or
under conditions which are unsanitary, hazardous or dangerous to his/her health or safety,
as determined under construction safety and health standards (29 CFR 1926) promulgated
by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 333).
3. Pursuant to 29 CFR 1926.3. it'is a condition of this contract that the Secretary of labor or
authorized representative thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance with the construction safety
and health standards and to carry out the duties of the Secretary under Section 107' of the
Contract Work Hours and Safety Standards Act (40 U.S.C, 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in conformity; with approved', plans and
specifications and a high degree of reliability on statements and representations made by engineers,
contractors, suppliers, and workers on'Federal-aid highway projects, it is essential that all persons
concerned with the project perform their functions as carefully, thoroughly, and honestly as possible.
Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is'a
violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and
similar acts, the following notice shall be posted on each Federal -aid (highway project (23 CFR 635)'
in one or more places where it is readily available to all persons concerned with the project:'
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY
PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory,' or
whoever, whether a person, association, firm, or corporation, knowingly makes any false statement,
false representation, or false report as to the character, quality, quantity, or cost of the material used
or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof
in connection with the submission of plans, maps, specifications, contracts, or costs of construction'
on any highway or related project submitted for approval to the Secretary of Transportation; l or
Whoever' knowingly makes any false statement; false representation, false report or false claim with
respect to the character, quality, quantity, or cost of any work performed or to be performed, or
materials furnished or to be furnished, in connection with the construction of any highway or related
project approved by the Secretary of Transportation;' or
Whoever knowingly' makes any false statement or false representation as to material fact in any
statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and supplemented;
Shall be l fined not more That $10, 000 or imprisoned not more than 5 years or both."
1
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATERPOLLUTION CONTROL ACT'
(Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or
more.)
By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder,
Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:
1. That any facility that is or will be utilized in the performance of this contract, unless such
contract is exempt under the Clean Air Act, as amended (42'U.S.C.'1857 et seg., as
amended by Pub.L. 91-604),.and under the Federal Water Pollution Control Act, as
amended (33 U.S.C_ 1251 et sM., as amended by Pub.L. 92-500), Executive Order 11738,
and regulations' in implementation thereof (40 CFR 15) is not listed, on the date of contract
award, on the U.S. Environmental Protection Agency l(EPA) List of Violating (Facilities
pursuant to 40 CFR 15.20.
2. That the firm agrees to comply and remain in compliance with all the requirements of Section
114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt of any communication from the
Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for
the contract is under consideration to be listed on the EPA List of Violating Facilities.
4. That the'firm agrees to include or cause to be included the requirements of paragraph 1
through of this Section X in every nonexempt subcontract, and further agrees to take such
action as the government may direct as a means of enforcing such requirements.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
1. Instructions for Certification - Primary Covered Transactions:
(Applicable to all Federal -aid contracts 49 CFR 29)'-
a. By signing and submitting this proposal, the prospective primary participant is
providing the certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily
result in denial of participation in this covered transaction. The prospective
participant shall submit an explanation of why' it cannot provide the certification set'
out below. The certification or explanation will be considered in connection with the
department or agency's determination' whether to enter into this transaction.
However, failure of the prospective' primary participant to furnish a certification or an
explanation shall disqualify such a person from participation in this transaction.
C. The certification in this clause is a material representation of fact upon which
reliance was placed when the department or agency determined to enter into this
transaction. If it is later determined that the prospective primary participant'
knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency may terminate this
transaction for causeof default.
d. The prospective primary participant shall provide immediate written notice to the
department or agency to whom this proposal Is submitted if any time the prospective
primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended," "Ineligible," 'lower tier
covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules', implementing
Executive Order 12649. You may contact the department or agency to which this
proposal is submitted for assistance' in obtaining a copy of those regulations.
f. The prospective primary participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it, shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this
transaction.
g. The prospective primary participant further; agrees by submitting this proposal that it
will include the clause titled "Certification Regarding' Debarment, Suspension,
Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided' by
the department or agency entering into this covered transaction, without
modification, in all lower tier covered' transactions and in all solicitations for lower tier
covered transactions.'
h. A participant in a covered transaction may rely upon certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the nonprocurement portion of the "Usts of Parties Excluded
From Federal Procurement or Nonprocurement Programs"' (Nonprocurement List)
which is compiled by the General Services Administration:
i. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in ordinary course of business
dealings.
18
j. Except for transactions authorized under paragraph of these instructions, if a
participant in a covered transaction knowingly enters into a'lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from, participation in this transaction, in addition to other remedies available
to the Federal' Government, the department or agency may terminate this
- transaction for cause or default.
Certification, Regarding Debarment, Suspension,; Ineligibility and Voluntary Exclusion -
Primary Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief, that
it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency;
b. Have not within a 3-year period preceding this proposal been convicted of or had a
civil judgement rendered against them for commission of fraud or criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal,'
State or local) transaction or contract under a public' transaction; violation of federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving' stolen
property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in (paragraph I of this certification; and
d. Have not within a 3-year period preceding this application/proposal had one or more
public transactions (Federal, State or local) terminated for cause or default
2. Where the prospective primary participant is unable to certify to any of the statements In
this certification, such prospective participant shall attach an explanation to this
proposal.
2. Instructions for Certification - (Lower Tier Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower ter transactions of $25,000
or more - 49 CFR 29)
a. By signing and submitting this proposal, the prospective lower tier is providing the
certification set out below.
19
b. The certification In this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. if it is later determined
that the prospective lower tier participant knowingly, rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the
department, or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.'
c. The prospective lower tier participant shall provide immediate written notice to the
person to which this proposal is submitted if at any the prospective lower tier
participant learns that its certification was erroneous by reason of changed'
circumstances.
d. The terms "covered transaction," "debarred," "suspended, "ineligible," "primary
covered transaction," "participant," "person," "principal," "proposal," and "voluntarily
excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive' Order 12549. You may contact
the person to which this proposal is submitted for assistance in obtaining a copy of
those regulations.
e. ` The prospective lower tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this
transaction originated!
f. The prospective lower tier participant further agrees by submitting this proposal that
it will include this clause titled "Certification. Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
g. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the Nonprocurement List.'
h. Nothing contained in the foregoing shall be construed to require establishment of'a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
ib Except for transactions authorized under paragraph a of these instructions, if a
participant in a covered transaction knowingly enters into a'lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower
Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal,, that
neither it nor its principals is presently debarred, suspended, proposed for debarment;
declared ineligible, or voluntarily excluded from participation in this transaction'; by any
Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
(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.
ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS
(Applicable to Appalachian contracts only.)
1. During the performance of this contract, the contractor undertaking to do work which is, or
reasonably maybe, 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 c shall not exceed 20l 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 laborer s„mechanics and other employees required to perform the
contract work, (b) the number of employees required' in each classification, (c) the date on
which he estimates such employees will be required, and (d);any other pertinent information
required' by the State 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, he shall 1promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by
the State Employment Service.' The contractor is not required to grant employment to any
job applicants who, in his opinion, are not qualified to perform the classification of work
required'
4. If, within 1 week following the placing of a job order by the contractor' with the State
Employment Service, the State Employment Service is unable to refer any qualified job
applicants to the 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 'Ic above.
5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in
every, subcontract for work which is, or reasonably may be, done as on -site work.
AMENDMENT
REQUIRED CONTRACTPROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
(Exclusive of Appalachian Contracts)
Section I, General, is supplemented with the following:
7. Section 902 of the American Recovery and Reinvestment Act (ARRA) of 2009 requires that
each contract awarded using ARRA funds must include a provision that provides the U.S.
Comptroller General and his representatives with the authority to
"(1 to examine any records of the contractor or any of its subcontractors, or any
State or local agency administering such (contract, that directly pertain to, and involve
transactions relating to, the contract or subcontract; and
(2) to interview any officer or employee of the contractor or any of its subcontractors,
or of any State or local government agency administering the contract, regarding
such transactions."
The Contractor shall include the following', provision in all contracts, subcontracts, and other
contracts for services for an ARRA funded project:
"Accordingly, the Comptroller General and his representatives shall have the
authority and rights as provided under Section 902 of the ARRA with respect to this
contract, which is funded with funds made available under the ARRA. Section' 902
further states that nothing ;in this section shall be interpreted to limit or restrict in any
way any existing authority of the Comptroller General."
"Section 15;15(a) of the ARRA provides authority for any representatives of the
Inspector General to examine any records or interview any employee or officers
working on this contract. The contractor is advised that representatives of the
inspector general have the authority to examine any record and interview any
employee or officer of the contractor, its subcontractors or other firms working on this
contract. Section 1515(b)'further provides that nothing in this section shall be
interpreted to limit or restrict in any way any existing authority of an inspector
general."
Under Section It, Paragraph 8b' is revised as follows:
The reference to 49 CFR 23 is revised to read 49 CFR 26.
Under Section 11, Paragraph 8b is supplemented with the following:
The contractor, sub -recipient or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the, performance of this contract. The contractor shall cant' out
applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-
assisted contracts. 'Failure by the contractor to carry out these requirements is a' material
breach of this contract, which may result in the termination of this contract or such other
remedy as the recipient deems appropriate.
Amendment to Form FHWA 1273
Revised March 26.2009'
t
Under Section Il in accordance with standard specification 1-08.1(1) and applicable'RCWs a new
paragraph 8d is added as follows:
The contractor or subcontractor agrees to pay each subcontractor under this prime contract
for satisfactory performance of its contractand/or agreement no later than ten (10) days from
the receipt of each payment the prime contractor receives from WSDOT or its sub -recipients.
The prime contractor agrees further to return retainage payments to each subcontractor
within ten (10) days after the subcontractor's work Is satisfactorily completed. Any delay or
postponement of payment from the above referenced time frame' may occur only for good
cause following written approval of the WSDOT This clause covers both' DBE and non -DBE
contractors,',
Under Section IV, the applicability statement is supplemented with the following:
(Applicable to all ARRA funded construction contracts and related subcontracts', regardless of
location, including projects on local roads for rural minor collectors, and Transportation
Enhancement projects outside the highway right-of-way.)'
Under Section IV, Paragraph 2b(4) is deleted.
Under Section IV, Paragraph 4, "and helpers" is deleted from the title.
Under Section 1V, Paragraph 4a(1), add:
The; provisions in this section allowing apprentices to work at less than the predetermined
rate when they are registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment' and Training Administration, or with the Bureau of
Apprenticeship and Training, does not preclude a requirement for the Contractor to pay;
apprentices' the full, applicable predetermined rate in the event a State Apprenticeship
Agency, recognized by the Bureau, has not approved, or withdraws approval, of an
apprenticeship program.
Under Section IV, Paragraph 4c is deleted.
Under Section IV, Paragraph 6 is revised by deleting "helpers" and "helper".'
Under Section IV, Paragraph 7'Is revised by deleting "helpers".
Under Section V the applicability statement is supplemented with the following:
(Applicable to all ARRA funded construction contracts and related subcontracts regardless of
location, including projects on local roads or rural minor collectors, and Transportation
Enhancement projects outside the highway right-of-way.)
Under Section V, Paragraph 2a'is revised by'deleting ,"helpers".
Amendment to Form FHWA 1273
Revised March 26, 2009
Attachment B
TASK ORDER 3-11 MC COMPENSATION
Engineering Services for the Design, Permitting, Bidding and Construction Phase Services for the
Repair of the Bridge #904310 Watson Boulevard SR940
Task
Hours
Labor
Expenses
Total Cost
Task A - Design Development Letter Report
196
$23,652
$8,300
$31,952
Task B - Construction Documents
381
$46,346
$ 350
$46,696
Task C - Construction Phase
115
$14,792
$1,200
$15,992
Total 692
$84,790
$9,850
$ 94,640
PAGE 1 OF 3
COMPENSATION BREAKDOWN
Task Order 3-11 MC
s�
A Design Development Letter Report
Principal PM/Technologist
$
182.00
12
$2,184
$2,184
Sr. Project Manager
$
167.00
18
$3,006
$3,006
Project Manager
$
149.00
12
$1,788
$1,788
Project Engineer
$
132.00
56
$7,392
$7,392
Staff Engineer
$
98.00
12
$1,176
$1,176
Tech 5
$
111.00
40
$4,440
$4,440
Tech 4
$
99.00
22
$2,178
$2,178
Sr. Project Assistant
$
62.00
18
$1,116
$1,116
Clerical
$
62.00
6
$372
$372
TRAVEL (2) - 2 Day trips to KWF
$2,200
$2,200
SUB -CONSULTANT
$6,000
$6,000
PRINTING/REPROGRAPHICS/SHIPPING
$200
$200
Design Development Letter Report SUBTOTAL
196
$23,652
$8,300
$31,952
B Construction Documents
Principal PM/Technologist
$
182.00
22
$4,004
$4,004
Sr. Project Manager
$
167.00
32
$5,344
$5,344
Project Manager
$
149.00
28
$4,172
$4,172
Project Engineer
$
132.00
94
$12,408
$12,408
Staff Engineer
$
98.00
34
$3,332
$3,332
Tech 5
$
111.00
98
$10,878
$10,878
Tech 4
$
99.00
36
$3,564
$3,564
Editor
$
87.00
14
$1,218
$1,218
Sr. Project Assistant
$
62.00
16
$ 992
$ 992
Clerical
$
62.00
7
$434
$434
TRAVEL (0)
$0
$0
PRINTING/REPROGRAPHICS/SHIPPING
$350
$350
Construction Documents SUBTOTAL
381
$46,346
$ 350
$46,696
C Construction Phase
_Principal PM/Technologist
$
182.00
14
$2,548
$2,548
Sr. Project Manager
$
167.00
8
$1,336
$1,336
Project Manager
$
149.00
8
$1,192
$1,192
Project Engineer
$
132.00
50
$6,600
$6,600
Staff Engineer
$
98.00
14
$1,372
$1,372
Tech 5
$
111.00
6
$666
$666
Tech 4
$
99.00
4
$396
$396
Sr. Project Assistant
$
62.00
7
$434
$434
Clerical
$
62.00
4
$248
$248
TRAVEL (1) - 2 Day trips to KWF
$1,100
$1,100
PRINTING/REPROGRAPHICS/SHIPPING
$100
$100
Construction Phase SUBTOTAL
115
$14,792
$1,200
$15,992
\\
\
PROJECT TOTALS
TOTAL HOURS
692
TOTAL FEE ESTIMATE
$84,790
$9,850
$ 94,640
PAGE 2 OF 3
Attachment B
Monroe County
Employer Category
Hourly Labor
Rates
Professionals -- Engineers, Architects, Planners, Economists, Scientists, Hydrologists,
Hydrogeologists, Geologists
Regional Group Manager
192
Principal Project Manager,
182
Principal Technologist
Senior Project Manager,
167
Senior Technologist
Project Manager, Architect/Engineering
149
Specialist, Scientific Specialist, Planning Specialist
Associate Project Manager,
132
Project Architect/Engineer, Project
Scientist, Project Planner
Associate Architect/Engineer, Associate
118
Scientist, Associate Planner
Staff Architect/Engineer II
104
Staff Architect/Engineer I, Staff
92
Scientist II, Staff Planner II
Staff Scientist I, Staff Planner 1
72
Technicians -- Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction
Inspectors
Technician 6
116
Technician 5
111
Technician 4
99
Technician 3
80
Technician 2
72
Technician 1
64
Technical Aide
55
Office Support
Specification Processor 87
Clerical/Office Support 62
Note: Rates applicable October 1, 2009 through September 30, 2011.
PAGE 3 OF 3
) \ ---------------------------------------------------------
-------- ------------------------------
.......... ... ... ..........................................................................................---.--..................................................................
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...................................................................
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-D10-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
Duos
Page 1
FPN: 430193-1
Fund:
Federal No: J_ 0 64 -- Oo i _
Org Code:
FPN:
Fund:
Federal No:
Org Code.
FPN:
Fund:
Federal No:
Org Code:
FPN:
Fund:
Federal No:
Org Code:
County No: q10
Contract No: f4 E 3 1
Data Universal Number System (DUNS) No: 80-939-7102
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
Vendor No: V F 5j6 aoo 75n111
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this 3Ll day of t6b 5 P20)) by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agent f the State of Florida, hereinafter called the
Department, and Monroe County hereinafter called the Agency.
W I T N E S S E T H.-
WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Old SR
940 Leg A Bridge Repair Protect and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed.
1.01 Attachments: Exhibit(s) A & B are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de -certification of said Agency for future LAP
projects.
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Removal of All Funds
If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off -system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before October 1, 2013. If the Agency
does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or
to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including
federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration (FHWA) may require.
3.00 Project Cost:
3.01 Total Cost: The total cost of the project is $ 860,760. This amount is based upon the schedule of funding in Exhibit
"B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The
schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B." This amount includes federal -aid funds which are limited to the actual amount of federal -
aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
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contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the malting of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000
and which have a term for a period of more than 1 year."
3.06 Notice -to -Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice -
to -Proceed from the Department.
3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal -aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
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The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits
by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the FDOT's Office of Inspector General (OIG), and
the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as
defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as
revised. Exhibit 1" of this Agreement indicates federal resources awarded through the Department by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources
of federal awards, including federal resources received from the Department. The determination of amounts of
federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
Circular A-133, as revised, will meet the requirements of this part.
2. in connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part II - State Funded: Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (1), Florida
Statutes) are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a state single or project -specific audit for
such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General. Exhibit 1" to this Agreement indicates state financial assistance
awarded through the Department by this Agreement. In determining the state financial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Department, other state agencies, and other non -state entities. State financial assistance does
not include federal direct or pass -through awards and resources received by a non -state entity for federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
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3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award
number and year, and name of the state agency awarding it.
Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings.
Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the
audit findings is required. Current year audit findings require corrective action and status of findings.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of
Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV - Report Submission:
1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Mr. Daniel Iglesias, P.E.
Senior Project Manager
Florida Department of Transportation
1000 111th Avenue Room 6251
Miami, Florida 33172
b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
c) Other federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Federal Awards directly to each of the following:
Mr. Daniel Iglesias, P.E.
Senior Project Manager
Florida Department of Transportation
1000 111th Avenue Room 6251
Miami, Florida 33172
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
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financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
Mr. Daniel Iglesias, P.E.
Senior Project Manager
Florida Department of Transportation
1000 111th Avenue Room 6251
Miami, Florida 33172
3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf
of the recipient directly to each of the following:
a) The Department at each of the following address(es):
(Mr. Daniel Iglesias, P.E.
Senior Project Manager
Florida Department of Transportation
1000 111th Avenue Room 6251
Miami, Florida 33172
b) The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on
behalf of the recipient directly to:
a) The Department at each of the following address(es):
Mr. Daniel Iglesias, P.E.
Senior Project Manager
Florida Department of Transportation
1000 111th Avenue Room 6251
Miami, Florida 33172
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.06 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
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The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(1)(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-'Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b),
Florida Statutes).
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
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7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120-day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all
of its Obligations under this Agreement until such time as the event Or condition resulting in such suspension has ceased
or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
(a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the
Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such
notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the
deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement
as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the
deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon
demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting
the deficiency.
(b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing,
with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be
terminated.
(c) If the Agreement is terminated before the project is completed, the Agency shall be paid only for the percentage of the
project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the
equivalent percentage of the contract price. All work in progress will become the property of the Department and will be
turned over promptly by the Agency.
8.02 Action Subsequent to Notice -of -Termination or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which
the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
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financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the
Agency agrees that:
(a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must
include the following assurance:
'The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of
49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to
ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE
program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in
this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its
approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.)."
(b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must
include the following assurance:
'The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R.
Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or such
other remedy as the recipient deems appropriate."
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
-- Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the
particular contractual relationship in all its contracts in connection with the development of operation of the project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project
involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI — Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
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Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity;
may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any
public entity; and may not transact business with any public entity.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non -Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52&010•40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
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individual or entity not a party to this Agreement.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04. How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.07 Plans and Speciflcations: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department will review all plans and specifications and will issue to the Agency a written
approval with any approved portions of the project and comments or recommendations covering any remainder of the
project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction,
the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA-
1273 in all its contracts and subcontracts.
13.08 Right -of -Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right-of-way is required.
13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
13.12 Restrictions on Lobbying:
Federal: The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any 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.
If any funds other than federally -appropriated funds have been paid by the Agency 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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTlONSUPPORT
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Page 12
Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ❑ will ❑ will not
maintain the improvements made for their useful life.
13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and
approved.
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at 850-413-5516 or by calling the State Comptroller's Hotline,
877-693-5236.
13.15 Reimbursement of Federal Funds:
The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review
conducted by FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the
Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department
of all funds awarded under the terms of this Agreement. Federal Economic Stimulus awards do not exempt the Agency
from adherence to federal guidelines, procedures, and regulations.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
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Page 13
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
STATE OFF =DEENT OF TRANSPORTATION
By:
Na" HMN A. Desk, P-L
Title. D,S�DWOCWotTrwsp D0nI
Attest:
Title:
Legal Review:
Office of the General Counsel
IL-j0VIIu
See attached Encumbrance Form for date of funding approval by Comptroller.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-10
LOCAL AGENCY PROGRAM AGREEMENT PRDOUCTiON5UPPORT
09106
Page
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 430193-1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Monroe Count
Dated
PROJECT LOCATION:
The project is X` is not on the National Highway System.
The project is X_ is not on the State Highway System.
PROJECT DESCRIPTION: The project will consist of engineering design, permitting and construction of repairs to
Bridge #904310 Old SR 940 Leg A bridge. The work will include demolishing and replacing some or all of the deck,
repairing concrete abutments and retaining walls and performing repairs to the bank protection. Metal guardrails and
the bridge railing will be upgraded to meet current FDOT design standards. Construction engineering and inspection
services are also included in the scope of the project costs.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Study to be completed by
b) Design to be completed by June 30, 2012.„_
c) Right -of -Way requirements identified and provided to the Department by
d) Right -of -Way to be certified by June 30, 2012.
e) Construction contract to be let by September 1, 2012.
f) Construction to be completed by June 30 2013,
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
08l06
Page
EXHIBIT "B"
SCHEDULE OF FUNDING
Monroe County FPN: 430193-1
c/o Engineering Department
1100 Simonton Street
Key West, Florida 33040
PROJECT DESCRIPTION
Name: Old SR 940 Leg A, Bridge #904310.
Termini:
Length: 28
TYPE OF WORK By Fiscal Year
FUNDING
{1)
TOTAL
PROJECT FUNDS
(2)
AGENCY
FUNDS
(3)
STATE &
FEDERAL FUNDS
Planning 2011-2012
2012-2013
2013-2014
Total Planning Cost
Project Development & Environment (PD&E)
2011-2012
2012-2013
2013-2014
Total PD&E Cost
Design 2011-2012
2012-2013
2013-2014
Total Design Cost
99,000
_
99,000
_
99,000
s:9,000
Right -of -Way 2011-2012
2012-2013
2013-2014
Total Right -of -Way Cost
Construction 2011-2012
2012-2013
2013-2014
Total Construction Cost
662 440
662,400
662,400
662,400
Construction Engineering and Inspection (CEI)
2011-2012
2012-2013
2013-2014
Total CEI Cost
Total Construction and CEI Costs
99,360
99,360
99,360
99,360
761,760
761,760
TOTAL. COST OF THE PROJECT
860,760
860,760
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 st of July of
each fiscal year. The Department will notify the Agency, in writing, when funds are available.
Perez, Sarah
To: Reyna, Alfredo
Subject: FW: Contract AQE31 - Monroe County - FM 430193-1-38-01 FAP 0OB6-001 - Old
SR94/Leg A Bridge
FYI...
From: Perez, Sarah
Sent: Friday, August 26, 2011 9:27 AM
To: Benitez, Hong; Iglesias, Danny
Cc: Cann, Leigh; Medico, Peter J.; Alvarez, Teresita; Desdunes, Harold; Alvarez, Ana; Caminiti, Gina; Glass Johnson,
Linda; Martin, Michele
Subject: Contract AQE31 - Monroe County - FM 430193-1-38-01 FAP 0066-001 - Old SR94/Leg A Bridge
Please be advised that contract AQE31 with Monroe County has been approved.
Proceed to have the contract sign by legal/director and provide a copy to this Office
To execute the contract in CFM.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #AQE31 Contract Type: AK
Vendor Name: MONROE COUNTY
Vendor ID: VF596000749114
Beginning date of this Agmt: 08/16/11
Ending date of this Agmt: 10/01/13
Contract Total/Budgetary Ceiling: be
Method of Procurement: G
= $860,760.00
************************************************************************
Description:
Old SR 940/LEG A, Bridge # 904310 rehabilitation LAP Agreement with Monroe County
************************************************************************
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
************************************************************************
Action: ORIGINAL Funds have been: APPROVED
55 063030649 *PD *790089 * 99000.00 *43019313801 *215 *20.205
2012 *55100100 *088849/12
0001 *00 * *0001/04
------------------------------------------------------------------------
TOTAL AMOUNT: *$ 99,000.00 *
------------------------------------------------------------------------
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 08/16/2011
Sara gg
Florida Department of Transportation'
1
CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT/ENGINEER
THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
ARCHITECT/ENGINEER (the "Contract" or "Agreement") is made and entered into by
Monroe County ("Owner" or "County"), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and
assigns through the Monroe County Board Of County Commissioners ("BOCC"), and
CM2MHILL, Inc._, the ( "Architect/Engineer")., whose address is 6410 5`h Street, STE
2-A, Key West, FL 33040, its successors and assigns.
This contract shall be effective on the date of execution by the last party signatory to the
contract.
This contract is issued as a continuing contract pursuant to Florida Statute 287.055(2) (g).
The professional services required by this Contract are to be rendered for projects in
which the estimated construction costs of each individual project under the contract does
not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for
professional services for each individual study under the contract does not exceed Two
Hundred Thousand Dollars ($200,000.00).
The parties shall enter into a separate contract for each project awarded to the
Architect/Engineer by the Owner. The specific services to be performed under these
separate contracts will be determined by the Owner and agreed to by the
Architect/Engineer. Each separate contract will contain specific scope of work, time
schedule, charges and payment conditions, and additional terms and conditions applicable
to that specific contract. Architect/Engineer will be chosen pursuant to Owner policy and
work will be distributed among all contractors who have signed a continuing contract.
The professional services required by this contract will be for services in the form of a
continuing contract, commencing on the effective date of this contract and ending four
years thereafter, with options for Owner to renew on an annual basis for two additional
years.
The terms and conditions of this Contract shall apply to any separate contract, unless
expressly modified in the provisions of the separate contract. Where the terms of this
Contract differ from the terms of the separate contract, the terms of the separate contract
shall take precedence. The separate contract will contain its specific scope of work and it
is anticipated by this Contract that the scope of work in the separate contract will be in
addition to the scope of work outlined in this Contract
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which hereby acknowledged, the Owner and the Architect/Engineer agree:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, Architect/Engineer makes the following express
representations and warranties to the Owner:
1.1.1 The Architect/Engineer is a professional qualified to act as the Architect/Engineer
for the Project and is licensed to practice Architecture/Engineering by all public entities
having jurisdiction over the Architect/Engineer and the Project;
1.1.2 The Architect/Engineer shall maintain all necessary licenses, permits or other
authorizations necessary to act as Architect/Engineer for the Project until the
Architect/Engineer's duties hereunder have been fully satisfied;
1.1.3 The Architect/Engineer shall become familiar with the individual Project site and
the local conditions under which the Project is to be designed, constructed, and operated
prior to entering a separate contract for any specific Project.
1.1.4 The Architect/Engineer shall prepare all documents required by this Contract
including, but not limited to, all contract plans and specifications, in such a manner that
they shall be in conformity and comply with all applicable law, codes and regulations.
The Architect/Engineer warrants that the documents prepared as a part of this Contract
will be adequate and sufficient to accomplish the purposes of the Project, therefore,
eliminating any additional construction cost due to missing or incorrect design elements
in the contract documents;
1.1.5 The Architect/Engineer assumes full responsibility to the extent allowed by law
with regards to his performance and those directly under his employ as
Architect/Engineer of Record.
1.1.6 The Architect/Engineer's services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work. The
Architect/Engineer shall submit, for the Owner's information, a schedule for the
performance of the Architect/Engineer's services which may be adjusted as the Project
proceeds if approved by the Owner, and shall include allowances for periods of time
required for the Owner's review, and for approval of submission by authorities having
jurisdiction over the Project. Time limits established by this schedule and approved by
the Owner may not be exceeded by the Architect/Engineer except for delay caused by
events not within the control of the Architect/Engineer or foreseeable by him.
1.1.7 In providing all services pursuant to this agreement, the Architect/Engineer shall
abide by all statutes, ordinances, rules and regulations pertaining to, or regulating such
services, including those now in effect and hereinafter adopted. Any violation of said
statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the COUNTY to terminate this agreement immediately upon
delivery of written notice of termination to the Architect/Engineer.
ARTICLE II
SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE
2.1 DEFINITION
2.1.1 Architect/Engineer's Basic Services consist of those described in Paragraphs 2.2
through 2.8, and other services identified as part of Basic Services, and include normal,
civil, structural, mechanical, electrical, studies, assessments, evaluations, and
General Engineering Services including but not limited to transportation,
environmental, storm water, waste water, solid waste engineering and other services
usually provided by Architect or Engineer firms.
2.1.2 The Design for Construction shall include, but shall not necessarily be limited to,
plans and specifications which describe all systems, elements, details, components,
materials, equipment, and other information necessary for construction. The Design for
Construction shall be accurate, coordinated and in all respects adequate for construction
and shall be in conformity, and comply, with all applicable law, codes, permits, and
regulations. Products, equipment and materials specified for use shall be readily
available unless written authorization to the contrary is given by the Owner. The
Architect/Engineer shall be responsible for designing the Project in accordance with the
analyses and recommendations of the geotechnical information furnished by Owner
2.1.3 These services shall include, but not be limited to: Preparation and completion of
the design program, space requirements and relationships, schematic design, design
development, preparation of contract documents for bids, preparation and advertisement
for Request for Bids, tabulation and review of bids, recommendation of contract awards,
cost estimating during design and document preparation, administration of contract
documents, consultation and on -site inspections during construction, review and
recommend approval of contractor invoices, preparation and submittal of permit
applications, zoning applications, public presentations and presentations to the County
Commission. Also included are studies, evaluations, assessments and General
Engineering Services which include but are not be limited to transportation,
environmental, stormwater, wastewater, solid waste engineering. Architect/Engineer
shall arrange his schedule in order to be available to perform the listed services for one or
for several projects if requested by COUNTY and with the understanding that for any
individual project the construction costs will not exceed the limits under F.S. 287.055
(2)(g)•
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect/Engineer shall review the County's program, schedule and
construction budget furnished by the Owner to ascertain the requirements of the Project
and shall arrive at a mutual understanding of such requirements with the Owner.
2.2.2 The Architect/Engineer shall review with the Owner's proposed site use and
improvements, required permits, zoning, selection of materials, building systems and
equipment; and method of Project delivery.
2.2.3 The Architect/Engineer shall review with the Owner alternative approaches to
design and construction of the Project.
2.2.4 Based on the mutually agreed -upon program, schedule and construction budget
requirements, the Architect/Engineer shall prepare, for approval by the Owner, Schematic
Design Documents consisting of drawings and other documents illustrating the scale and
relationship of Project components.
2.2.5 Upon completion of the Schematic Design Phase, the Architect/Engineer shall
provide drawings, outline specifications, estimate of anticipated cost in accordance with
the schematic designs, and other documents for the Owner's approval and information.
2.2.6 The Schematic Design must be approved in writing, by the Owner prior to
Architect/Engineer continuing to the Design Development Phase.
2.3 DESIGN DEVELOPMENT/DOCUMENT PHASE
2.3.1 Upon completion of the Design Development Phase, the Architect/Engineer shall
provide drawings, outline specifications and other documents for the Owner's approval
and information. The Architect/Engineer shall provide an estimate of anticipated costs in
accordance with the design development phase.
2.3.2 The Design Development Documents must be approved in writing, by the Owner
prior to Architect/Engineer continuing to the Construction Documents Phase.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 The Architect/Engineer shall provide Drawings and Specifications for the
Owner's review.
2.4.2 The Architect/Engineer shall assist the Owner in the preparation of the necessary
bidding information, bidding forms, the Conditions of Contracts, and the forms of
Agreement between the Owner and the Contractors.
4
2.4.3 The Architect/Engineer's construction documents (plans, specifications, etc.) will
conform to all written codes and regulations of the federal government, county, state,
municipalities, agencies and state departments, in effect at the date of this Agreement,
and shall be of such completion as to receive all permits when applied for. If permits are
denied, then the Architect/Engineer will conform the construction documents in such
manner to receive permits upon such plans. Work required from the Architect/Engineer
to conform the documents to federal, state, city, county, or agency specifications and
permit requirements to allow them to be approved shall be completed at no charge or cost
to the Owner.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect/Engineer, following the Owner's approval of the Construction
Documents and the Architect/Engineer's latest estimate of Construction Cost, shall assist
the Owner in obtaining bids or negotiated proposals and assist in preparing contracts for
construction.
2.5.2 The Architect/Engineer shall assist the Owner in issuing bidding documents to
bidders and conducting pre -bid conferences with prospective bidders. The
Architect/Engineer, with the assistance of the Owner, shall respond to questions from
bidders, and shall issue addenda.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE
CONSTRUCTION CONTRACT
2.6.1. The Architect/Engineer's responsibility to provide Basic Services for the
Construction Phase under this Agreement commences with the award of the Contract for
construction and terminates with the issuance to the Owner of the final Project Certificate
for Payment including the submission of all project close-out documents by the
Architect/Engineer and Contractor. The Architect/Engineer will administer the Owner's
contract as provided for in that document. The Architect/Engineer agrees to perform a
project check prior to the end of the warranty period as a part of the contract. The check
shall not exceed one working day unless additional time is approved by the Owner.
2.6.2 The Architect/Engineer shall at all times have access to the Work whenever it is
in preparation or progress.
2.6.3 The Architect/Engineer shall, as contemplated herein and in the Construction
Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout
construction of the Project. Instructions, directions, and other appropriate
communications from the Owner to the Contractor shall be given to the Contractor by the
Architect or Monroe County's designated project representative.
2.6.4 The Architect/Engineer shall have authority, after notification to the Owner to
reject Work, which does not conform to the Contract Documents.
2.6.5 The Architect/Engineer shall review and sign or take other appropriate action on
Change Orders and Construction Change Directives prepared by the Owner's
representative for the Owner's approval and execution in accordance with the Contract
Documents.
2.6.6 The Architect/Engineer shall promptly provide appropriate interpretations as
necessary for the proper execution of the work as long as there is no change in Contract
price.
2.6.7 The Architect/Engineer shall require inspection or re -inspection and testing or
retesting of the work, to include architectural/engineering, structural, mechanical and
electrical engineering portions of the work, in accordance with the provisions of the
Construction Contract whenever appropriate.
2.6.8 The Architect, assisted by the Owner's representative, shall conduct inspections to
determine the dates of Substantial Completion and the date of Final Completion.
2.6.9 The Architect/Engineer shall interpret and decide matters concerning performance
of the Contractor under the requirements of the Contract Documents upon written
request.
2.6.10 Interpretations and decisions of the Architect/Engineer shall be consistent with the
intent of and reasonably inferable from the Contract Documents and shall be in writing or
in the form of drawings and submitted on proper Construction Change Directives.
2.6.11 The Architect/Engineer shall render written decisions within a reasonable time on
all claims, disputes or other matters in question between Owner and Contractors relating
to the execution or progress of the Work as provided in the Contract Documents.
2.6.12 Duties, responsibilities and limitations of authority of the Architect/Engineer shall
not be restricted, modified or extended without written agreement of the Owner and
Architect/Engineer.
2.6.13 The Architect/Engineer shall be a representative of and shall advise and consult
with the Owner (1) during construction until final payment to the Contractor is due and
(2) as a Basic Service at the Owner's direction from time to time during the correction
period described in the Contract for Construction.
2.6.14 The Architect/Engineer shall transmit to the Owner all manuals, operating
instructions, as -built plans, warranties, guarantees and other documents and things
required by the Construction Contract and submitted by the Contractor.
2.6.15 The Architect/Engineer shall not have control over or charge of and shall not be
responsible for construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility under the Contract for Construction. The Architect/Engineer
shall not be responsible for the Contractor's schedules or failure to carry out the work in
accordance with the contract documents. The Architect/Engineer shall not have control
over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the work.
2.6.16 The Architect/Engineer shall make available to the Owner any personnel or
consultants employed or retained by the Architect/Engineer for the purpose of reviewing,
studying, analyzing or investigating any claims, contentions, allegations, or legal actions
relating to, or arising out of, the design or construction of the project.
2.6.17 The Architect/Engineer shall review any as -built drawings furnished by the
Contractor and shall certify to the Owner that same are adequate and complete.
2.6.18 The Architect/Engineer shall, without additional compensation, promptly correct
any errors, omissions, deficiencies, or conflicts in the work product of the
Architect/Engineer or its consultants, or both.
2.6.19 The Architect/Engineer must reimburse the Owner for any added costs paid by the
Owner during construction that were incurred as the result of any omission, deficiency, or
conflict in the work product of the Architect/Engineer, its consultants, or both. This
added expense is defined as the difference in cost from that which the Owner would have
paid if the work was included in the bid, and the actual cost presented by the Contractor.
ARTICLE III
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the Owner as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the Owner before
commencement, and as follows:
A. Providing services of Architect/Engineer for other than the previously listed
consulting scope of Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted consulting
practice.
C. Providing representation before public bodies in connection with the Project,
upon approval by the Owner.
3.2 If Additional Services are required, such as those listed above, the Owner
shall issue a letter requesting and describing the requested services to the
Architect/Engineer. The Architect/Engineer shall respond with fee proposal to perform
the requested services. Only after receiving an amendment to the Agreement and a notice
to proceed from the Owner proceed with the Additional Services.
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall designate Monroe County Project Management Department or
Engineering Services Department to act on the Owner's behalf with respects to the
Project. The Owner or his designee shall render decisions in a timely manner pertaining
to documents submitted by the Architect/Engineer in order to avoid unreasonable delay in
the orderly and sequential progress of the Architect/Engineer's services. However, the
parties acknowledge that due to Monroe County Policy, Ordinances or State or Federal
Statute there may be times when a decision must be made by the BOCC, in which case
any delay shall not be attributed to Monroe County or its representative.
4.2 Prompt written notice shall be given by the Owner to the Architect/Engineer if
they become aware of any fault or defect in the Project or non-conformance with the
Contract Documents.
4.3 The Owner shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Architect/Engineer's services and work of the contractors.
4.4 The Owner's review of any documents prepared by the Architect/Engineer or its
consultants shall be solely for the purpose of determining whether such documents are
generally consistent with the Owner's criteria, as and if, modified. No review of such
documents shall relieve the Architect/Engineer of responsibility for the accuracy,
adequacy, fitness, suitability or coordination of its work product.
ARTICLE V
CONSTRUCTION COST
5.1 The Construction Cost, if applicable, shall be defined in a contract for the specific
Project.
ARTICLE VI
INDEMNIFICATION AND HOLD HARMLESS
6.1 The Architect/Engineer covenants and agrees to indemnify and hold harmless
Owner/Monroe County and Monroe County Board of County Commissioners from any
and all claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, and any other losses, damages, and
expenses, including attorney's fees, court costs and expenses, which arise out of, in
connection with, or by reason of services provided by the Architect/Engineer or its
Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission
of the Architect, their employees, or agents.
6.2 The first ten dollars ($10.00) of remuneration paid to the Architect is for the
indemnification provided for above. Should any claims be asserted against the County by
virtue of any deficiency or ambiguity in the plans and specifications provided by the
Architect/Engineer, the Architect/Engineer agrees and warrants that he shall hold the
County harmless and shall indemnify him from all losses occurring thereby and shall
further defend any claim or action on the County's behalf.
6.3 In the event the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect/Engineer's failure to purchase or maintain the
required insurance, the Architect/Engineer shall indemnify County from any and all
increased expenses resulting from such delays. Should any claims be asserted against
County by virtue of any deficiencies or ambiguity in the plans and specifications provide
by the Architect/Engineer the Architect/Engineer agrees and warrants that
Architect/Engineer hold the County harmless and shall indemnify it from all losses
occurring thereby and shall further defend any claims or action on the County's behalf.
6.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
6.5 This indemnification shall survive the expiration or early termination of the
Agreement.
ARTICLE VII
7.1 PERSONNEL
The Architect/Engineer shall assign only qualified personnel to perform any service
concerning the project.
ARTICLE VIII
8.1 PAYMENT
Terms of payment will be governed by state guidelines and/or hourly rates to be approved
by the County. Hourly rates are provided in Exhibit A and are subject to annual
affirmation. Details of payment will be set out in the specific separate contract.
8.2 REIMBURSABLE EXPENSES
Shall be negotiated and agreed to prior to award of the separate contract, but only to the
extent and the amounts authorized by Section 112.061, Florida Statutes; however prior to
incurring any expense written approval for any reimbursable expense must be obtained
from the County.
8.3 BUDGET
8.3.1 The Architect/Engineer may not be entitled to receive, and the County is not
obligated to pay, any fees or expenses in excess of the amount budgeted for this
Agreement in each fiscal year (October 1- September 30) by County's Board of County
Commissioners. The budgeted amount may only be modified by an affirmative act of the
County's Board of County Commissioners.
8.3.2 AVAILABILITY OF FUNDS. If funding cannot be obtained or cannot be
continued at a level sufficient to allow for continued reimbursement of expenditures for
services specified in this Contract or in the separate contracts for individual projects, the
agreement may be terminated immediately at the option of the County by written notice
of termination delivered to the Architect. The County shall not be obligated to pay for
any services provided by the Architect after the Architect has received written notice of
termination, unless otherwise required by law.
8.3.3 The County does not guarantee Architect/Engineer any specific amount of work
or contracts under this agreement. The parties shall enter into a separate contract for each
project awarded to the Architect/Engineer by the County. The specific services to be
performed under these separate contracts will be determined by the County and agreed to
by the Architect/Engineer. Each separate contract will contain specific scope of work,
time schedule, charges and payment conditions, and additional terms and conditions
applicable to that specific contract. Architect/Engineer will be chosen pursuant to County
policy and work will be distributed among all contractors who have signed a continuing
contract.
8.3.4 Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners and the
approval of the Board members at the time of contract initiation and its duration.
ARTICLE IX
9.1 APPLICABLE LAW
This contract is governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and performed entirely in the State. Venue for any
mediation, dispute conferences or litigation arising under this contract must be in Monroe
County, Florida. The Parties waive their rights to a trial by jury.
ARTICLE X
10.1 OWNERSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN
FOR CONSTRUCTION
10.1 The Drawings, Specifications and other documents prepared by the
Architect/Engineer for this project are instruments of the Architect/Engineer's service for
use solely with respect to this project, and the Architect/Engineer shall be deemed the
author of these documents and shall retain all common law, statutory and other reserved
rights, including reproducible copies, of the Architect/Engineer's Drawings,
H
Specifications and other documents shall not be used by the Owner or others on other
projects except by agreement in writing and with appropriate compensation to the
Architect/Engineer.
10.1.2 Submission or distribution of documents to meet official regulatory requirements
or for similar purposes in connection with the project is not to be construed as publication
in derogation of the Architect/Engineer's reserved rights.
10.1.3 The As -Built drawings and specifications may be furnished by the
Architect/Engineer to the Owner in electronic format in addition to the original As -Built
documents.
10.1.4 The Owner may utilize the construction documents, As -Built documents, etc. as
required for reference on any necessary future work on the site, and for constructing,
using and maintaining the Project.
ARTICLE XI
11.1 SUCCESSORS AND ASSIGNS
The Architect shall not assign its right hereunder, excepting its right to payment, nor shall
it delegate any of its duties hereunder without the written consent of the Owner. The
Owner and Architect, respectively, bind themselves, their partners, successors, assigns
and legal representatives to the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other party with respect to all
covenants of this Agreement.
ARTICLE XII
NO THIRD PARTY BENEFICIARIES
AND INDEPENDENT CONTRACTOR RELATIONSHIP
12.1 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, between
the parties which creates or gives rise to any rights in favor of, any third party.
12.2 INDEPENDENT CONTRACTOR RELATIONSHIP
The Architect/Engineer is and shall be an independent contractor in the performance of
all work, services, and activities under this Agreement and is not an employee, agent or
servant of the County. The Architect/Engineer shall exercise control over the means and
manner in which it and its employees perform the work and in all respects the
Architect/Engineer's relationship and the relationship of its employees to the County
shall be that of an independent contractor and not as employees or agents of the County.
The Architect/Engineer does not have the power or authority to bind the County in any
it
promise, agreement or representation other than such power and authority that is
specifically provided for in this Agreement.
ARTICLE XIII
13.1 INSURANCE
13.1.1 The Architect/Engineer shall obtain insurance as specified and maintain the
required insurance at all times that this Agreement is in effect. Professional Liability
Insurance shall also be maintained as specified. In the event the completion of the project
(to include the work of others) is delayed or suspended as a result of the
Architect/Engineer's failure to purchase or maintain the required insurance, the
Architect/Engineer shall indemnify the County from any and all increased expenses
resulting from such delay.
13.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best
Rating of VI or better, that is licensed to do business in the State of Florida and that has
an agent for service of process within the State of Florida. The insurance certificate shall
contain an endorsement providing thirty (30) days notice to the County prior to any
cancellation of said coverage. Said coverage shall be written by an insurer acceptable to
the County and shall be in a form acceptable to the County.
13.1.3 Architect/Engineer shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000
Disease, policy limits, $100,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of
others arising from use of motor vehicles, including onsite and offsite
operations, and owned, hired or non -owned vehicles, with One Hundred
Thousand Dollars ($100,000.00) combined single limit and One Hundred
Thousand Dollars ($100,000.00) annual aggregate.
D. Commercial general liability covering claims for injuries to members of the
public or damage to property of others arising out of any covered act or
omission of the Architect or any of its employees, agents or subcontractors or
subconsultants, including Premises and/or Operations, Independent
Contractors; Broad Form Property Damage and a Contractual Liability
Endorsement with Five Hundred Thousand Dollars ($500,000.00) per
occurrence and annual aggregate.
E. Professional liability insurance of Five Hundred Thousand Dollars
($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual
aggregate. If the policy is a "claims made" policy, Architect shall maintain
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coverage or purchase a "tail" to cover claims made after completion of the
project to cover the statutory time limits in Chapter 95 of the Florida Statutes.
F. County shall be named as an additional insured with respect to
Architect/Engineer's liabilities hereunder in insurance coverage identified in
Paragraphs C and D.
G. Architect/Engineer shall require its subconsultants to be adequately insured at
least to the limits prescribed above, and to any increased limits of
Architect/Engineer if so required by County during the term of this
Agreement. County will not pay for increased limits of insurance for
subconsultants.
H. Architect/Engineer shall provide to the County certificates of insurance
including those naming the County as an additional insured by including any
subsection thereunder.
ARTICLE XIV
TERMINATION
14.1 Either party hereto may terminate this contract prior to expiration upon giving
seven (7) days written notice to the other in the event that such other party negligently or
for any reason substantially fails to perform its material obligations set forth herein. No
termination expenses shall be paid by the Owner after the date of notice of termination.
14.2 The Owner may terminate this Contract without cause by giving the other party
sixty (60) days written notice of its intention to do so. Termination expenses shall include
expenses available under the contract through the date on the notice of termination and
shall not include any additional services required in order to stop performance of
services, unless agreed to in writing by the County and subject to audit for the purpose of
verification.
ARTICLE XV
ENTIRE AGREEMENT
15.1 This contract constitutes the form of agreement, the exhibits that are attached and
made a part of the contract, and the documents referred to in the form of agreement as a
part of this contract. In the event any conflict between any of those contract documents,
the one imposing the greater burden on the Architect will control.
15.2 A person or affiliate who has been place on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
13
provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list.
ARTICLE XVI
DISPUTE RESOLUTION
16.1 County and Architect/Engineer agree that all disputes and disagreements shall first
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 submitted to mediation before a mediator
mutually agreed to by the parties. The cost of mediation shall be shared equally. The
parties agree that mediation is a condition precedent to the institution of legal or equitable
proceedings by either party. Request for mediation shall be in writing and sent to the
other party. The parties shall agree on a mediator to hear the dispute.
16.2 Mediation shall be held in Monroe County Florida in a location in Key West; the
location may be moved only by mutual agreement of the parties.
16.3 Agreements reached in mediation shall be reduced to writing and signed by the
representative of each party; however agreements must be approved by the Board of
County Commissioners to be enforceable. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction in Monroe County.
16.4 Nothing in this Agreement shall be construed to interfere with a subsequent order
from any court of competent jurisdiction ordering the parties to enter into mediation after
institution of legal or equitable proceedings.
16.5 Arbitration is specifically rejected by the parties as a method of settling disputes
which arise under this agreement; neither of the parties shall be compelled by the other to
arbitrate a dispute which may arise under this Agreement.
ARTICLE XVII
Additional Requirements
17.1 The following items are part of this contract:
a) Architect/Engineer 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 or their
authorized representatives shall have reasonable and timely access to such records of
each other party to this Agreement for public records purposes during the term of the
Agreement and for four years following the termination of this Agreement. If an auditor
employed by the County or Clerk determines that monies paid to Architect/Engineer
pursuant to this Agreement were spent for purposes not authorized by this Agreement, the
Architect/Engineer shall repay the monies together with interest calculated pursuant to
F.S. Sec. 55.03, running from the date the monies were paid to County.
14
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement
shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event that
any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and Architect/Engineer agree that venue will
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to a trial by jury. The County and
Architect/Engineer agree that, in the event of conflicting interpretations of the terms or a
term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding, pursuant
to Section XVI of this agreement.
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 Architect/Engineer 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 Architect/Engineer 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 expenses, as an award
against the non -prevailing party, and shall include attorney's fees and courts costs
expenses in appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Architect/Engineer and
their respective legal representatives, successors, and assigns.
0 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. Each party agrees that it has
had ample opportunity to submit this Contract to legal counsel of its choice and enters
into this agreement freely, voluntarily and with advise of counsel.
g) Claims for Federal or State Aid. Architect/Engineer 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.
W
h) Adjudication of Disputes or Disagreements. County and
Architect/Engineer agree that all disputes and disagreements shall be attempted to be
resolved under Section XVI of this agreement. If no resolution can be agreed upon within
30 days after mediation, then any party shall have the right to seek such relief or remedy
as may be provided by this Agreement or by Florida law.
i) Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or breach
of this Agreement, County and Architect/Engineer 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 Architect/Engineer specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
j) Nondiscrimination. Architect/Engineer and County agree that there will
be no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. Architect/Engineer or County agree to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 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 (42 USC ss. 6101-6107) which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
k) Covenant of No Interest. Architect/Engineer and County covenant that
neither presently has any interest, and shall not acquire any interest, which would conflict
in any manner or degree with its performance under this Agreement, and that only
interest of each is to perform and receive benefits as recited in this Agreement.
16
1) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The Architect/Engineer and County warrant
that, in respect to itself, it has neither employed nor retained any company or person,
other than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, the
Architect/Engineer 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.
n) Public Access. The Architect/Engineer and County shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in
its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the Architect and County in conjunction with this
Agreement; and the Architect/Engineer shall have the right to unilaterally cancel this
Agreement upon violation of this provision by County.
o) Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28,
Florida Statutes, the participation of the Architect/Engineer and the County in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any contract
entered into by the County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the County.
q) Legal Obligations and Responsibilities: Non -Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
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
17
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and case
law.
r) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third -party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the Architect/Engineer and the County agree that neither the
Architect/Engineer nor the County or any agent, officer, or employee of either shall have
the authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for
the purposes contemplated in this Agreement.
s) Attestations. Architect/Engineer 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.
t) No Personal Liability. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
u) Americans with Disabilities Act of 1990 (ADA). The Architect will
comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the Architect/Engineer pursuant
thereto.
v) Disadvantaged Business Enterprise (DBE) Policy And Obligation. It is the
policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its
Architect/Engineer agree to ensure that DBE's have the opportunity to participate in the
performance of the Agreement. In this regard, all recipients and contractors shall take all
necessary and reasonable steps in accordance with applicable federal and state laws and
regulations to ensure that DBE's have the opportunity to compete and perform contracts.
The County and the Architect/Engineer and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of contracts,
entered pursuant to this Agreement.
w) 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
18
together shall constitute one and the same instrument and any of the parties hereto may
execute this Agreement by singing any such counterpart.
x) 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.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By: ��,�, By:
Deputy Clerk M or/Chairman
Date: ►2/1 �/0 9
Cy+tz2l4(LL=iic,
(INSERT NAME of Architect/Engineer)
J'.:1NP0E C0UN-fY ATTORNEY By:
'PROVED AS TO ARM: Signature Corporate Agent
�%i �T I L E E N r W. '..(� 3 � L � /� rr �t U � � � rt A-
ASSISTANT COUNTY ATTr-,tEY Print Name of 12orporate Agent
Date --w —.fly - Cv
Date: N ov• ao, ;Looq
WITNESS TO Architect/Engineer Signature:
By:
�VITNESS 81fnature
Print Witness Name
Date: 1,/- Zp - Z.ao9
END OF AGREEMENT
19
SECTION FIVE
INSURANCE REOUIREMENTS AND INDEMNIFICATION STATEMENT
Insurance Requirement
Worker's Compensation
Employer's Liability
General Liability
Vehicle Liability
Architects Errors and Omissions Liability
Required Limits
Statutory Limits
$100,000/$500,000/$100,000
$100,000 Combined Single Limit
$100,000 Combined Single Limit per
Occurrence/$1,000,000 Aggregate
$500,000 per occurrence/ $1,000,000
Aggregate
IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSULTANTS
The Architect/Engineer/Consultants covenants and agrees to indemnify, hold harmless
and defend Monroe County, its commissioners, officers, employees, agents and servants
from any and all claims for bodily injury, including death, personal injury, and property
damage, including property owned by Monroe County, and any other losses, damages,
and expenses of any kind, including attorney's fees, court costs and expenses, which arise
out of, in connection with, or by reason of services provided by the Architect/Engineer or
Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors,
or other wrongful act or omission of the Architect/Engineer/Consultant, including its
Subcontractor(s) in any tier, their officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect/Engineer/Consultant's failure to purchase or
maintain the required insurance, the Architect/Engineer/Consultant shall indemnify the
County from any and all increased expenses resulting from such delay. Should any claims
be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans
and specifications provided by the Architect/Engineer/Consultant, the
Architect/Engineer/Consultant agrees and warrants that Architect/Engineer/Consultant
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Architect/Engineer/Consultant
is consideration for the indemnification provided for above.
20
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all the requirements.
G4'-2 1A 4-L W - _ rt'-A)c.
Respondent Cc�.rv- 1 61- (K o v (+oh Signature
ArrtA. KahGtrjCj'-
21
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the Architect named below. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
General Liability $500 000 Self -Insured Retention
Auto Liability $100,000
Workers Compensation & Employers Liability $500,000
Liability policies are X Occurrence
Marsh USA Inc.
Insurance Broker
X Claims Made
Signjatuie
Print Name: —Stephen Wilson
*As the insurance broker, Marsh will not certify the Indemnification and Hold Harmless
language for CH2M HILL.
22
SECTION SIX
COUNTY RESPONSE FORMS
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s) 4' 1 - J v 114 21 ,.2yoq / h 2.-A "Iyst S ;t oo ci
I have included:
o The Response Form ✓
o Lobbying and Conflict of Interest Clause ✓
o Non -Collusion Affidavit
o Drug Free Workplace Form ✓
a Respondent's Insurance and Indemnification Statement
o Insurance Agent's Statement ✓
o Professional and Occupational Licenses ✓
I have included a current copy of the following professional and occupational licens
(KohrOe-Co%"n'r- 0cc-v un,i%( l.Lc-cs.st; cwaiv.14-tLL Sc. *-Fc v4 C.or�d�t
arc.1•►�4tc��/�h7�Kcc.��hy/�vHs++"vc+,on/�°ttvt�yM/LaKds��.�. A-v+�.l..,,�cc�u�-�e./
a A& SvirvtHi ra Lr�GcvlS�c
(Check mark items above, as a reminder that they are included.)
Mailing Address: (r4 t0 S+�'` S1-. Svt k. DEL Vk )cst �L
Telephone: 5Dr.295•1"s Fax:305%Zg4•ytgt3
Date: Ijoy •a 0, 2 009
Signed: Witness:
(P&AJ_� NJ�
(Seal)
(Name)
(Title)
23
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
VA -x L.L— -X— N c .
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its
behalf any former County officer or employee in violation of Section 2 of Ordinance No.
010-1990 or any County officer or employee in violation of Section 3 of Ordinance No.
010-1990. For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in its discretion, deduct from the
Agreement or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or
employee".
(Signature) 4:::��r-ccj Gc. ov li.�h
Arc.t. fa r. a•I a o.--
Date: tja v • �o�
E
STATE OF: V= L or%.aCl—
COUNTY OF: ?,::L k V, '�.c c. 4-.
Subscribed and sworn to (or affirmed) before me on
A=e�or
(name of affiant). He She is
has produced
as identification. (type of identification)
R
,Po" 0, Notary Public State of Florida
, Clark Knapp
'y
?ocf*t�f My Commission Expes0l/24/201D751767
N TAR IC
My commission expires:
24
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
C W2_ M. vj,. L _ -_ tJL•
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition
of working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or
of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
zl/ _ - C tul yl 1+4 Ls_ l..N C. -
s Signature CZ
rcertc�,Jv�v" 4-0K
rt�j--4Lj<4—
NOV . V 0, aooq
Date
25
NON -COLLUSION AFFIDAVIT
1, c • Mo,, 14--oin of the city of Pa(w,. Rx��hG-ravz�G��.
according to law on my oath, and under penalty of perjury, depose and say that:
I am 1" n c q e1'
of the firm of
the bidder making the Proposal for the project described in the Request for
Qualifications for: XnKv a.( C-#1 4�AVC4" CoKf NCG�" �or
Mots✓ae.G}4�
P_'P+-tJ'C-,_
2. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements
contained in this affidavit in awarding contracts for said project.
000. 20� pcoq
(Sign re of Respondent) (Date)
STATE OF: 5""d'
COUNTY OF: Pn' k C'6
PERSONALLY APPEARED BEFORE ME, the undersigned authority, Ca linC4 Roy 4.'..
who, after first being sworn by me, (name of individual signing) affixed
his/her signature in the space provided above on this 9-d day of
20-!M--
My Commission Expires:
dog'( J'q* Notary Public State
Clark Knapp
Y/1
My Commission OD751767
26'for nExpires 01/24/2012
aco d CERTIFICATE OF INABILITY INSURANCE
DATE (MMIlmyn )
11/20/2009
PRooucER
MARSH USA, INC.
1225 17TH STREET, SUITE 2100
DENVER, CO 80202.5534
15114-00124-GAWC-09/10 HOU DE SMYTH 38359
THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED CH2M HILL, INC.
9191 SOUTH JAMAICA STREET
ENGLEWOOD, CO 80112
INSURER A: Zurich American Insurance Co
16535
INSURERB: American Zurich Insurance Co.
40142
INSURER C:
INSURER D:
INSURER E
M � \�I �'J•\C �'1
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE
MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND
CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSRADD-14
LTR
IN
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
DATE m
POLICY n
LIMITS
A
XGENERAL
LIMLITY
X COMMERCIALGENERAL LIABIuTY
GL03784726-05
05/01/2009
05/01/2010
EACH OCCURRENCE
A 1.500,000
DAMAED
PREMISES Ea T
$ 1,500,000
CLAIMS MADE [K OCCUR
MED EXP (Any one person)
$
PERSONAL SADV INJURY
$ 1,500,000
X $500,QQQ SIR
GENERAL AGGREGATE
$ 6,000,000
GENERAL AGGREGATE LIMIT APPLIES PER
POLICY PRO-
JECT
PRODUCTS - COMP/OP A
5,000,000
A
X
AUTOMOBILE LIABILITY
X ANY AUTO
BAP8378516-14
05/01/2009
05/01/2010
COMBINED SINGLE LIMIT
(Ea accident)
$ 2,000,000
BODILY INJURY
$
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per person)
BODILY INJURY
$
HIRED AUTOS
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
(Peraccident)
$
GARAGE LIABILITY
a
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
��
'�%
OTHER THAN EAACC
,-
$
1
AUTO ONLY: AGG
EXCESS / UMBRELLA LIABILITY
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
AGGREGATE
$
$
DEDUCTIBLE
$
RETENTION $
WORIUERS COMPENSATION AND
XWC STATU- OTH-
B
B
A
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVEY/N
OFFICER/MEMBER EXCLUDED?
�
y m NH) Ir desaibe under
MPECIAL PROVISIO Abel w
WC8378566-15 (AOS)
WC8378565-14 i&MA )
WC3784761-04(ID)
05/01/2009
05/01/2009
05/01/2009
05/01/2010
05/01/2010
05/01/2010
L.EACHACCIDENT
1,000,000
L.DISEASE-EAEMPLOYE
_
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
OTHER
DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO AUTOMOBILE LIABILITY AND AS PER THE
GENERAL LIABILITY BROAD FORM ENDORSEMENT.
CERTIFICATE HOLDER SEA-001521259-01 CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
MONROE COUNTY EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAL
1100 SIMONTON STREET KEY 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
WEST, FL 33040
BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND
UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES.
Nlo nri, e ,; ry Sharon A. Hammer
ACORD 25 (2009/01) n r ®1998-2009 ACORD CORPORATION. All Rights Reserved
-r 1 pe AL:UMu name ano logo are reglsterea marts Or AuuKL)
y��1 �UU
2009 / 2010
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2010
Business Name: CH2M HILL
Owner Name: CH2M HILL
Mailing Address:800 FAIRWAY DR
DEERFIELD BCH, FL 33441
RECEIPT* 46110-27468
Business Location: 6410 5TH ST 2A
KEY WEST, FL 33040
Business Phone: 305-294-1645
Business Type: PROFESSIONALS (PROF
CONSULTING ENGINEER)
Rooms Seats Employees Machines Stalls
For Vending Business Only
,.hcr of Marhina • \/on(linn Tu—*
Tax Amount ITransfer Fee
Sub -Total
PenalV
jPr1or Years
lCollection Eo
jTbtal Pald
$30.00 1
1$30.00
1
1$0.00
30.00
PAID-000-08-00001603 08/05/2009 30.00
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS
THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. YOU MUST
WHEN VALIDATED PO Box 1129, Key West, FL 33041 MEET ALL COUNTY AND/OR
MUNICIPALITY PLANNING AND
ZONING REQUIREMENTS.
MONROE COUNTY BUSINESS TAX RECEIPT
STATE OF FLORIDA
BOARD OF PROPESSIONAL ENGINEERS
2507 CALLAWAY RD STE 200
TALLAHASSEE, FL 32303-52U
DETACH HERE
CH2M Hill, Inc.
9191 S. 1AMAICA ST.
ATT: CATHY POWERS
ENGLEWOOD, CO 80112-5946
Imo"
Board of PtofessionakEn ineers
s g
ogm Hill ,Inc..
is authorized under the provisions of Section 471, La Statutes, to offer engineering services
to the public through a Professional Engineer. dWy licensed under Chapter 471, Florida_ Statutes.
Expiration: 28-Feb» . CertiflCatilb of AU "A CA No:
Audit No: 22820112083 72
DISPLAY AS RLQVMW SY LAW
- STATE OF FLORTDA - -- --- --
i. .� DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
W4,-)
BOARD OF ARCHITECTURE & INTERIOR DESIGN
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
CH2M HILL, INC.
9191 S. JAMAICA ST
ENGLEWOOD CO 80112
Congratulations! With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better
For information about our services, please log onto www.myfloridalicense.com.
There you can find more information about our divisions and the regulations that
impact you, subscribe to department newsletters and learn more about the
Department's initiatives.
Our mission at the Department is: license Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!
DETACH HERE
AGt 4260707 STATE OF FLORIDA
(850) 487-1395
STATE OF FLORIDA ACHY 4260707
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
AAC001992 02/11/09 088160186
ARCHITECT CORPORATION
CH2K HILL, INC.
IS CERTIFIED under the provisions of ch.481 rs
cryiratioo data, FSB 28, 2011 L09021100511
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF ARCHITECTURE & INTERIOR DESIGN SEW L09021100511
.. - LICENSE NBR
02/11/20091088160186 AAC001992
The ARCHITECT CORPORATION
Named below IS CERTIFIED
Under the provisions of Chapter 481 FS.
Expiration date: FEB 28, 2011
CH2M HILL, INC.
9191 S. JAMAICA ST
ENGLEWOOD
CHARLIE CRIST
GOVERNOR
CO 80112
CHARLES W. DRAGO
DISPLAY AS REQUIRED BY LAW SECRETARY
STATE -OF FtBRtBA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH
TALLAHASSEEMONROE STRFLT32399-0783
CH2M HILL INC
9191 S JAMAICA ST
ATTN: CATHY POWERS
ENGLEWOOD CO 80112
Congratulations With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better.
For information about our services, please log onto www.myfioridalicense.com.
There you can find more information about our divisions and the regulations that
impact you, subscribe to department newsletters and learn more about the
Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!
DETACH HERE
AC# 4496092 STATE OF FLORIDA
(850) 487-1395
�& STATE OF FIOMDA AC# 4 4 9 6 0 9 2,
DEPARTMENT OF BIISINESS AND
PROFESSIONAL REGULATION
QB0006566 08/05/09 098012757
QUALIFIED BIISINESS ORGANIZATION
CH2M HILL INC
(NOT A LICENSE TO PERFORM WORK.
ALLOWS COMPANY TO DO BUSINESS IF
IT HAS A LICENSED QUALIFIER.)
IS QUALIFIED under the provisions of Ch.489 Fs
s:piration date: AUG 31, 2011 L09080500877
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD SEQ# L09080500877
. LICENSE NBR
08 05 2009 098012757 IQB0006566
The BUSINESS ORGANIZATION
Named below IS QUALIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2011
(THIS IS NOT A LICENSE TO PERFORM WORK. THIS ALLOWS THE
COMPANY TO DO BUSINESS ONLY IF IT HAS A QUALIFIER.)
CH2M HILL INC
9191 S JAMAICA ST
ATTN: CATHY POWERS
ENGLEWOOD CO 80112
CHARLIE GRIST
GOVERNOR
DISPLAY AS REQUIRED BY LAW
CHARLES W. DRAGO
SECRETARY
* STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
S
BOARD OF LANDSCAPE ARCHITECTURE
(850) 487-1395
1940 NORTH MONROE STREET
�..�� TALLAHASSEE FL 32399-0783
CH2M HILL INC
9191 S JAMAICA ST
ENGLEWOOD CO 80112
Congratulationsl With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better.
For information about our services, please log onto www.myfloridalicense.com.
There you can find more information about our divisions and the regulations that
Impact you, subscribe to department newsletters and learn more about the
Department's initiatives.
Our mission at the Department Is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!
DETACH HERE
Act 4716406 STATE OF FLORIDA
STATE OF FLORIDA A,* 4 716 4 B 6
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
LC26000188 11/10/09 098088140
LANDSCAPE ARCHITECT BUSINESS
CH2M HILL INC
HAS REGISTERED under the provisionx of ch.481
Kyiration dat*. NOV 30, 2011 L09111001781
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF LANDSCAPE ARCHITECTURE SECS# L09111001783.
• - LICENSE NBR
11/10/2009 098088140 LC26000188
The LANDSCAPE ARCHITECT BUSINESS
Named below HAS REGISTERED
Under the provisions of Chapter 481 FS.
Expiration date: NOV 30, 2011
CH2M HILL INC
9191 S JAMAICA ST
ENGLEWOOD
CHARLIE CRIST
GOVERNOR
CO 80112
CHARLES W. DRAGO
DISPLAY AS REQUIRED BY LAW SECRETARY
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF PROF SURVEYORS & MAPPERS
1940 NORTH MONROE STREET
�.� TALLAHASSEE FL 32399-0783
CH2M HILL INC
9191 S JAMAICA ST
ENGLEWOOD CO 80112
Congratulationsl With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better.
For Information about our services, please log onto www.myfloridalleense.com.
There you can find more information about our divisions and the regulations that
Impact you, subscribe to department newsletters and learn more about the
Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!
DETACH HERE
Act 4 2 8 8 4 4 8 STATE OF FLORIDA
(850) 487-1395
STATE OF FLORIDA AC# 4288448
40DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
LB72 02/28/09 080380071
SURVEYING & MAPPING BUSINESS
CH2M HILL INC
IS CERTIFIED under the provisions of Ch.472 ra
rspiration data, FEB 28, 2011 L09022800457
DEPARTMENT
OAOF RDF BOFIPROSiJRVEYOFES& MAPPERSGULATION
3EQ# L09022800457
.. LICENSE NBR
02 28 2009 080380071 LB72
The SURVEYING & MAPPING BUSINESS
Named below IS CERTIFIED
Under the provisions of Chapter 472 FS.
Expiration date: FEB 28, 2011
CH2M HILL INC
6060 S WILLOW DR
GREENWOOD VILLAGE
CHARLEE GRIST
GOVERNOR
CO 801115112
CHARLES W. DRAGO
DISPLAY AS REQUIRED BY LAW SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BOARD OF PROFESSIONAL GEOLOGISTS
1940 NORTH MONROE STREET
'.A,•� TALLAHASSEE FL 32399-0783
CH2M HILL, INC
9191 S JAMAICA STREET
ATTN: CATHY POWERS
ENGLEWOOD CO 80112
Congratulationsl With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better
For information about our services, please log onto www.myfloridalieense.com.
There you can find more Information about our divisions and the regulatlons that
impact you, subscribe to department newsletters and learn more about the
Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!
AC* 3)863695
DEPARTMENT OF'
BOARD
DETACH HERE
(850) 487-1395
AC# 3863695
STATE OF FLORKIA
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
GB63 07/18/08 000000000
GEOLOGY BUSINESS
CH2M HILL, INC
Is CERTIFIED under the provisions of ch.492 Fs
sxpiratios eata, JUL 31, 2010 L08071800389
1E FLORIDA
AND PROFESSIONAL REGULATION
SSIONAL GEOLOGISTS gEQ# L08o71800389
07/18/2008 1000000000 IGB63 ry`'
The GEOLOGY BUSINESS
Named below IS CERTIFIED
Under the proviaiona of Chapt:®r 492 FS.
Expiration date: JUL 31, 2010
CH2M HILL, INC
9191 S JAMAICA STREET
ATTN: CATHY POWERS
ENGLEWOOD CO 80112
CHARLIE CRIST
GOVERNOR
CHUCK DRAGO
INTERIM SECRETARY
EXHIBIT A
Hourly Rates
EXHIBIT "A"
Monroe County
Continuing Contract for Architectural/Engineering Services
Labor
Employer Category Rates
Professionals -- Engineers, Architects, Planners, Economists, Scientists, Hydrologists,
Hydrogeologists, Geologists
Regional Group Manager
192
Principal Project Manager,
182
Principal Technologist
Senior Project Manager,
167
Senior Technologist
Project Manager, Architect/Engineering
149
Specialist, Scientific Specialist,
Planning Specialist
Associate Project Manager,
132
Project Architect/Engineer, Project
Scientist, Project Planner
Associate Architect/Engineer, Associate
118
Scientist, Associate Planner
Staff Architect/Engineer II
104
Staff Architect/Engineer I, Staff
92
Scientist II, Staff Planner II
Staff Scientist I, Staff Planner I
72
Technicians -- Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction
Inspectors
Technician 6 116
Technician 5 111
Technician 4 99
Technician 3 80
Technician 2 72
Technician 1 64
Technical Aide 55
Office Support
Specification Processor 87
Clerical/Office Support 62
Note: Rates applicable October 1, 2009 through September 30, 2010.
HAHOU CONTRACTS GROUPICLIENr PROPOSALS CONTRACTSIMONROE CouNTYWANONROE Co EXHIBIT A 2010 RATE&DOC
CONSENT TO ASSIGNMENT
This Consent to Assignment, is entered into this 2 1 " day of September, 2011, by and between
Monroe County, a political subdivision of the State of Florida, hereafter COUNTY, and CH2M HILL,
Inc. hereafter ASSIGNOR, and CH2M HILL Engineers, Inc., hereafter ASSIGNEE.
WHEREAS, on December 16, 2009, the COUNTY and ASSIGNOR entered into a contract for
On Call Professional Architect/Engineering Services; and
WHEREAS, the COUNTY received notice that effective October 29, 2011 CH2M HILL
Engineers, Inc. will assume all of C142M HILL, Inc.'s obligations under the contract with the COUNTY,
Now therefore, inconsideration of the mutual promises of the original agreement as amended
herein, the parties agree as follows:
1. Upon completion of the change in legal entity effective October 29, 2011, the Assignor
assigns to Assignee all the Assignor's rights, title and interest in the original agreement.
2. In consideration for such consent, the Assignee agrees to be bound by all the terms and
conditions of the original agreement, as amended above.
3. The remaining provisions of the agreement dated December 16, 2009, not inconsistent
herewith, remain in full force and effect.
fs i
BOARD OF COUNTY COMMISSIONERS
L. KOLHAGE, CLERK OF M R OUNTY, FLORIDA
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n puty Clerk Ma or hairman
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Witnesses: C142M HILL, h SIGNOR)
By:
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By
William D. Beddow Vice President
Date:
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Witnesses:
MIONROE COUNTY ATT01'Y
g�= t x JT ('Ou�?;Y ATTORNEY
CH2M HIL ineers, In . (ASSIGNEE)
By: c
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William D. Beddow Vice President
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Date: