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Item C17 C.17' i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 nff Mayor Pro Tem David Rice,District 4 -Me Florida Keys Craig cares,District l Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting July 21, 2021 Agenda Item Number: C.17 Agenda Item Summary #3439 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Jordan Salinger (305) 570-9156 N/A AGENDA ITEM WORDING: Approval of a First Amendment to the Agreement with Coral Construction Company for construction of the Lower Keys Scenic Viewing Area and Nature Center (Big Pine Swimming Hole) Project. This is a no cost Amendment which updates the Davis Bacon Wages at the request of the Florida Department of Transportation (FDOT). ITEM BACKGROUND: The Lower Keys Scenic Viewing Area (Big Pine Swimming Hole) Project is currently under construction. This project is partially funded by a Florida Department of Transportation (FDOT) Local Agency Program (LAP) Agreement. Upon review, FDOT noticed that the Davis Bacon Wages that were originally included in the RFP when advertised had been updated before the original Agreement with Coral Construction Company was executed. Therefore, FDOT is requiring that the Davis Bacon Wages be updated with the wages that were effective when the original Agreement with Coral Construction was executed. PREVIOUS RELEVANT BOCC ACTION: 6/16/21 — BOCC approved Supplemental Agreement 42 to LAP Agreement which re-allocates $50,000 in funding from CEI Services phase to Construction phase. 5/19/21 — BOCC approved Supplemental Agreement 41 to LAP Agreement which extends the LAP Agreement until 9/30/2022. 3/21/19 —BOCC approved Agreement with Coral Construction Company for Construction Services. 1/23/19 — BOCC approved Agreement with WSP USA Inc. for Construction Engineering & Inspection (CEI) Services. 5/17/17 — BOCC approved a Local Agency Program Agreement (LAP) between State of Florida, Department of Transportation and Monroe County for funding, in the amount of $900,000 to construct a Lower Keys Scenic Viewing Area located at the Big Pine Swimming Hole. 3/15/17 - BOCC approved an Assignment and Assumption Agreement for the acquisition of Littlejohn Engineering by its mother company S&ME. 12/14/16 - BOCC approved a second amendment to the design contract. 10/21/15 - BOCC approved a first amendment to the design contract. 4/15/15 — BOCC approved a contract for design and permitting services with Littlejohn Engineering Associates, the top ranked respondent to an RFQ. Packet Pg.931 C.17 CONTRACT/AGREEMENT CHANGES: Revision to Davis Bacon Wages STAFF RECOMMENDATION: Approval of First Amendment DOCUMENTATION: Amendment 41- BP Swim Hole_Coral signed Contract BPK SwimHole Executed 03.21.19 FINANCIAL IMPACT: Effective Date: 7/21/2021 Expiration Date: 3/4/2022 (current substantial completion date) Total Dollar Value of Contract: $1,665,000.00 Total Cost to County: $765,000.00 (expected expense from fund 304) Current Year Portion: $720,000.00 Budgeted: Yes Source of Funds: FDOT LAP Grant; TDC Grant; 304-Capital funds CPI: n/a Indirect Costs: Maintenance costs upon project completion Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: Yes (partial) County Match: Yes Insurance Required: Yes Additional Details: This First Amendment is a NO COST amendment Yes 07/21/21 125-22019 LOWER KEYS SCENIC VW ARE $900,000.00 GN1705 07/21/21 304-25000 CULTURE & RECREATION PRO $665,000.00 CC1701 07/21/21 118-78040 TDC BRICKS & MORTAR 118 $100,000.00 TM98367X and T208M36X Total: $1,665,000.00 REVIEWED BY: Joseph DiNovo Skipped 07/02/2021 4:57 PM Cary Knight Completed 07/06/2021 3:03 PM Kevin Wilson Completed 07/02/2021 5:50 PM Packet Pg.932 C.17 Patricia Eables Completed 07/02/2021 6:59 PM Purchasing Completed 07/02/2021 7:02 PM Budget and Finance Completed 07/03/2021 12:01 PM Maria Slavik Completed 07/03/2021 12:15 PM Liz Yongue Completed 07/06/2021 10:48 AM Board of County Commissioners Pending 07/21/2021 9:00 AM Packet Pg.933 FIRST AMENDMENT TO THE AGREEMENT ECIR CONSTRUCTION OF THE_LOWER KEYS SCENIC HIGHWAY VIEWING AREA BIG PINE SWIMMING HOLEI PROJE T THIS FIRST AMENDMENT is entered into this 21"r day of July 2021, by and between — Monroe County Board of County Commissioners, a political subdivision of the State of Florida, hereafter referred to as "County" and Coral Construction Company, a Florida Corporation, _ ca hereafter refereed to as "Contractor'. WHEREAS, on March 21, 2019, the parties entered into an Agreement for the construction . ofthe Lower Keys Scenic highway Viewing Area (Bile Pine Swimming Hale) Project; and 2 WHEREAS, it has con-re to the attention of the County that the Davis Bacon Wages U referenced in the LAP Division I Specifications of the Contract Documents were not the current 0 prevailing rates at the time of execution of the original Agreement and need to be updated. �? NOW THEREFORE, in consideration of the: mutual promises contained herein, the County � and Contractor agree to am rid the agreement as set forth below: U 1. Section 7-16 of LAP Division I Specifications; 'image Fates for Federal-Aid Projects is amended to replace the prevailing wage rates with the attached Exhibit A. 2. In all other respects the Contract dated March 21, 2019 remains in full force and effect. In WITNESS WHEREOF each party hereto has Caused this contract to be executed by its duly authorized representative, (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MON OE COUNTY, FLORIDA i 6 13y: By: As Deputy Clerk Mayor/Chairman E APPROVCD A*TO FORM CL DATE: -6-21-2021 (SEAL) CORAL CONSTRUCTION COMPANY � Attest: l E By: By: Title t° elf Title Packet Pg.934 Page 1 of 5 EXHIBIT A "General Decision Number: FL20190147 01/04/2019 Superseded General Decision Number: FL20180190 State: Florida Construction Type: Highway County: Monroe County in Florida. CL HIGHWAY CONSTRUCTION PROJECTS 0 Note: Under Executive Order (EO) 13658, an hourly minimum wage 0 of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. y If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) CJ for all hours spent performing on the contract in calendar 4 year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least 0 the wage rate determined through the conformance process set forth in 29 CFR 5.5 (a) (1) (ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) (2) - (60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. 0 Modification Number Publication Date CJ 0 01/04/2019 * ELEC0349-002 03/05/2018 Rates Fringes CL ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 33.11 12.31 ---------------------------------------------------------------- SUFL2013-008 08/19/2013 Rates Fringes CARPENTER, Includes Form Work. . . .$ 11. 95 1.44 CEMENT MASON/CONCRETE FINISHER. . .$ 13.65 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) . . . . .$ 12.70 0.00 Packet Pg.935 https:Hsam.gov/wage-determination/FL20190147/0 6/3/2021 Page 2 of 5 HIGHWAY/PARKING LOT STRIPING: Operator (Spray Nozzleman) . . . . . . .$ 13.08 0.00 0 INSTALLER - GUARDRAIL. . . . . . . . . . . .$ 14.44 0.00 E IRONWORKER, REINFORCING. . . . . . . . . .$ 13.85 0.00 E U) LABORER (Traffic Control Specialist) . . . . . . . . . . . . . . . . . . . . . .$ 12.17 1.71 CL LABORER: Asphalt, Includes Raker, Shoveler, Spreader and 0 Distributor. . . . . . . . . . . . . . . . . . . . . .$ 13.60 0.00 0 LABORER: Common or General. . . . . .$ 11. 96 2. 90 2 LABORER: Flagger. . . . . . . . . . . . . . . .$ 9.87 0.00 0 U LABORER: Grade Checker. . . . . . . . . .$ 11.45 0.00 0 LABORER: Landscape & Irrigation. . . . . . . . . . . . . . . . . . . . . . .$ 11.16 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 12.68 0.00 0 OPERATOR: U 0 Backhoe/Excavator/Trackhoe. . . . . . .$ 17.20 0.00 OPERATOR: Bobcat/Skid E Steer/Skid Loader. . . . . . . . . . . . . . . .$ 11.60 0.00 E OPERATOR: Broom/Sweeper. . . . . . . . .$ 10.89 0.00 OPERATOR: Bulldozer. . . . . . . . . . . . .$ 13. 90 0.00 U- OPERATOR: Crane. . . . . . . . . . . . . . . . .$ 17.83 0.00 OPERATOR: Forklift. . . . . . . . . . . . . .$ 11.03 0.00 ur OPERATOR: Grader/Blade. . . . . . . . . .$ 16.08 0.00 0 OPERATOR: Loader. . . . . . . . . . . . . . . .$ 16.59 0.00 0 OPERATOR: Mechanic. . . . . . . . . . . . . .$ 13.55 0.00 E U) OPERATOR: Milling Machine. . . . . . .$ 13.23 0.00 CL OPERATOR: Oiler. . . . . . . . . . . . . . . . .$ 12.61 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . .$ 18.17 0.00 E OPERATOR: Roller. . . . . . . . . . . . . . . .$ 13.28 2.39 E OPERATOR: Screed. . . . . . . . . . . . . . . .$ 15.79 0.00 E OPERATOR: Trencher. . . . . . . . . . . . . .$ 16.00 0.00 TRAFFIC SIGNALIZATION: Packet Pg. 936 https:Hsam.gov/wage-determination/FL20190147/0 6/3/2021 Page 3 of 5 Traffic Signal Installation. . . . . .$ 19.03 0.00 C TRUCK DRIVER: Dump Truck. . . . . . . .$ 12.66 0.00 TRUCK DRIVER: Lowboy Truck. . . . . .$ 14. 94 0.00 TRUCK DRIVER: Water Truck. . . . . . .$ 13.05 0.00 _ WELDERS - Receive rate prescribed for craft performing CL operation to which welding is incidental. ---------------------------------------------------------------- Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide CJ employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons 0 resulting from, or to assist a family member (or person who is U like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . ---------------------------------------------------------------- N 0 The body of each wage determination lists the classification �I and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical _ order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , CL a survey rate (weighted average rate) or a union average rate (weighted union average rate) . r' Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number Packet Pg.937 https:Hsam.gov/wage-determination/FL20190147/0 6/3/2021 Page 4 of 5 where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate _ changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates CJ the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. 0 U Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage ut determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. CJ I A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is _ based. CL ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter Packet Pg.938 https:Hsam.gov/wage-determination/FL20190147/0 6/3/2021 Page 5 of 5 * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted _ because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial _ contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: 0 Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request U review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor U 200 Constitution Avenue, N.W. 0 Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. �I Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. CL END OF GENERAL DECISION Packet Pg.939 https:Hsam.gov/wage-determination/FL20190147/0 6/3/2021 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 Agreement Between Owner and Contractor - Where the basis of payment is a STIPULATED SUM CL 0 AGREEMENT Made as of March 21, 2019 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street n Key West, FL 33040 0 And the Contractor: Coral Construction Company P.O. Box 500582 (mailing) � � pUQV teli-i t{� f(physical) Marathon, FL 33050 0 For the following Project: LOWER KEYS SCENIC HIGHWAY VIEWING.AREA o Scope of the Work The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Specifications. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The �-- Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. i The Scope of Work shall include, but not be limited to, the construction of a Scenic Vista, Boardwalk and Park amenities in Monroe County, Florida, as part of the Florida Keys Overseas Heritage Trail System. i The Lower Keys Scenic Highway Viewing Area project is located at mile marker 29.5 in Monroe County, Florida. The Lower Keys Scenic Highway Viewing Area is approximately four (4) acres of land with a man-made burrow pit that is connected to the Big Pine Key South Channel. The intent is to develop this property as a Scenic Overlook that is connected to the Florida Keys Overseas Heritage Trail System. The major scope items associated with the project include, but are not limited to: Over-water wooden boardwalk system with an observation tower, Restroom building with lift station and associated utilities, Vender / storage building, Multiple shade structures with palm thatched roofing, Gravel Parking area, Concrete pedestrian paths, Asphalt driveway access to U.S. Hwy, 1 and associated striping, Site furnishings, Regulatory signage, o Site demolition to include selective tree removal, and removal or redistribution of spoil pile, Mangrove trimming and associated permits, Floating Kayak launch, Limited trail construction AGREEMENT 00500-Page 1 of 36 Packet Pg.940 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA iv 0 through vegetation removal, Project M.O.T., Site utilities, Landscape installation, Construction permitting, and General site preparation. Provide all labor, supervision, materials, supplies, equipment, tools, construction equipment, _ transportation, proper execution and completion of all Work as specified on the Drawings and Technical Specifications included in this Bid Package. CL Provide all records, documents, and certifications required to comply with applicable _ provisions of the FDOT LAP program.The bidder is required to be prequalified as an FDOT approved contractor per FDOT Standard Specification 2-1 -Prequalification of Bidders. c ARTICLE 1 The Contract Documents c U The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions including the General Conditions contained in the Request for Proposals (RFP) of which the table of contents is included after the signature page in this Agreement)), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire 0 and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral.An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the E documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the LU Owner. W1 The Contractor shall achieve Substantial Completion of the entire Work not later than two hundred seventy (270) calendar days after the date of commencement or issuance of a - Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates CL listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by 2 all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages shall be calculated U in conformance with FDOT LAP general specifications (SECTION 01760) Section 8-10.2 as provided below in this agreement. Generally, shown as a Daily Charge Per Calendar Day of $1,584.00. AGREEMENT 00500-Page 2 of 36 Packet Pg.941 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. 3.2 Uncontrollable Circumstance Any delay or failure of either Party to perform its obligations under this Agreement will be excused 0. to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Parry's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane, or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the U geographic area of the Project; (each, an "Uncontrollable Circumstance"). Contractor's financial 76 inability to perform, changes in cost, or availability of materials, components, or services, market 0 conditions, or supplier actions, or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7)days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable U Circumstance are minimized and resume full performance under this Agreement.The County will o not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may E determine. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Million Six Hundred Thousand Sixty Five and 00/100 Dollars ($1,665,000.00), subject to additions and deductions as provided in the Contract Documents. "" i 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: X i Alternate# 1: No Alternates Specified /100 Dollars - (Cost in words) 4.3 Unit prices, if any, are as follows: N/A o AGREEMENT 00500-Page 3 of 36 Packet Pg.942 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA ARTICLE 5 0 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of _ Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract CL Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes. 0 U 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of 2 Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. U 0 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress E payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten percent 10%. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management.When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; U 5.6.3 Subtract the aggregate of previous payments made by the Owner; and AGREEMENT 00500-Page 4 of 36 Packet Pg.943 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 218.735(8)(b), _ Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: 0. Monroe County is exempt from and not subject to Florida Statutes, Section 255.078, _ "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management. ARTICLE 6 2 Final Payment 0 U Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1)the Contract has been fully performed by the Contractor except c for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of 2 Project Management. Such final payment shall be made by the Owner not more than twenty(20) days after the issuance of the final approval for payment. The following documents (samples in U section 01027, Application for Payment) are required for Final Payment: c 0 (1)Application and Certificate for Payment E (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien �. (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive, CD/DVD, etc.) of all the following, but not limited to: A. Project Record Documents (As Built Documents). X B. Operating and maintenance data, instructions to the Owner's personnel. i 0 C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. i F. Electronic copies of approved submittals. 0 G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). AGREEMENT 00500-Page 5 of 36 Packet Pg.944 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or _ another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.3 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity U for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as o 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 thirty- 2 six(36) months from the date of being placed on the convicted vendor list. U By signing this Agreement, Contractor represents that the execution of this Agreement will o not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act e defined by Section 287.133, Florida Statutes, as a"public entity crime"and that it has not W been formally charged with committing an act defined as a"public entity crime"regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. i Contractor will promptly notify the County if it or any subcontractor or Contractor 2 is formally charged with an act defined as a"public entity crime"or has been placed on the convicted vendor list. LU 7.4 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and - documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten (10) years from the termination of this agreement.. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for ten (10) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies AGREEMENT 00500-Page 6 of 36 Packet Pg.945 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 together with interest calculated pursuant to Sec. 55.03, Florida Statutes,running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees. This Agreement shall be - governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall - lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the U 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, o 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. U The County and Contractor agree to reform the Agreement to replace any stricken o provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any E cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the W non-prevailing party and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. X f) Authority. Each party represents and warrants to the other that the execution, delivery LU 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 advice of counsel. CL g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer AGREEMENT 00500- Page 7 of 36 Packet Pg.946 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to _ seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. _ i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating, to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the _ other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 2 j) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the c court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin;2)Title IX of the Education Amendment of 1972, as amended(20 USC§§ 1681- U 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC§§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on' the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse �. or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race,color,sex, religion, national origin, ancestry, sexual LUi orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. - During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964- i 1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, c Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix ll, ¶C, agrees as follows: AGREEMENT 00500- Page 8 of 36 Packet Pg.947 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender _ identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation,gender identity,or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the 2 contracting officer setting forth the provisions of this nondiscrimination clause. 0 U 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive U consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against U any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. i 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, LU advising the labor union or workers' representative of the contractor's d commitments under section 202 of Executive Order 11246 of September 24, c 1965, and shall post copies of the notice in conspicuous places available to _ employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of i September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 0 U 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders AGREEMENT 00500-Page 9 of 36 Packet Pg.948 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA of the Secretary of Labor, or pursuant thereto, and will permit access to his 0 books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with c respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter. into such litigation to protect the interests of the United States. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to `"� perform and receive benefits as recited in this Agreement. 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 LU employees as delineated in Section 112.313, Florida Statutes, regarding, but not TI limited to, solicitation or acceptance of gifts; doing business with one's agency; c unauthorized compensation; misuse of public position, conflicting employment or _ contractual relationship; and disclosure or use of certain information. CL m) No Solicitation/Payment.The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not E 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 U other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its U AGREEMENT 00500-Page 10 of 36 Packet Pg.949 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the _ provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs �i associated with that proceeding. This provision shall survive any termination or expiration of the contract. o U The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat. Sec. 119.0701 and the terms and conditions of this contract, the o Contractor is required to: o (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost �- provided in this chapter or as otherwise provided by law. (2) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following 2 completion of the contract if the contractor does not transfer the records to the County. LU (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor - transfers all public records to the County upon completion of the contract,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. AGREEMENT 00500-Page 11 of 36 Packet Pg.950 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the _ requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow _ the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the CL County shall enforce the public records contract provisions in accordance _ with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise U dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. c IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, U BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEYS OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. (6) Right to Audit -Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can �- be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence, change order files (including documentation covering negotiated settlements); back- charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information LUi and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") - shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct CL verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractor's representatives. All records shall be kept for ten (10)years after Final Completion. AGREEMENT 00500-Page 12 of 36 Packet Pg.951 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage,self-insurance coverage, or _ local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. CL 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. 0 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 participating entity, in which case the performance may be offered in satisfaction of U the obligation or responsibility. Further, this Agreement is not intended to, nor shall it o 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- e party claim or entitlement to or benefit of any service or program contemplated �. hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. X s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include, 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 CL 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. 0 u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken AGREEMENT 00500-Page 13 of 36 Packet Pg.952 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance _ requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (1) any claims, actions or causes of action, (11) CL any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss, damage,fine, penalty or business interruption, and (111)any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's �i default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, c proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events U or circumstances that occur during the term of this Agreement, this section will survive c 0 the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project(to include the work of others)is delayed E or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all e increased expenses resulting from such delay. Should any claims be asserted against �. the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. i 0 w)Section Headings.Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not - a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. CL x) Agreements with Subcontractors. The contractor shall perform at least 40% of the work with its own forces. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his/her subcontractors shall include the County as additional insured. AGREEMENT , 00500-Page 14 of 36 Packet Pg.953 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: For Contractor: Chelsea Lyons, President Coral Construction Company 0 PO Box 500582 (mailing) G7 seas 3 A7aL. QL......t-Golf.(physicM Marathon. FL 33050 2 For Owner: Cary Knight Kevin Wilson 0 Director of Project Management Asst. County Administrator, PW & E 1100 Simonton St., Room 2-216 1100 Simonton St. Room 2-216 c Key West, Florida 33040 Key West, Florida 33040 FDOT Provisions U 7.8 Title VI Assurance- DOT 1050.2A, Appendix A and Appendix E. c During the performance of this contract, the Contractor, for itself, its assignees and E successors in interest(hereinafter referred to as the "Contractor') agrees as follows: a. Compliance with Regulations. The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT")Title 49, Code of Federal Regulations, Part 21, - as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. i b. Nondiscrimination. The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, LUi including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a - program set forth in Appendix B of the Regulations. c. Solicitations for Subcontractors, including Procurements of Materials and Equipment. In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the AGREEMENT 00500-Page 15 of 36 Packet Pg.954 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA Regulations relative to nondiscrimination on the basis of race, color, national origin, 0 sex, age, disability, religion or family status. d. Information and Reports. The Contractor shall provide all information and reports - required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities _ as may be determined by the Florida Department of Transportation, the Federal CL Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier c Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. c e. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway 0 Administration, Federal Transit Administration, Federal Aviation Administration, and/or c the ,Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. f. Incorporation of Provisions. The Contractor shall include the provisions of paragraphs (1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub- c contractor or supplier as a result of such direction, the Contractor may request the - Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the i United States. g. Compliance with Nondiscrimination Statutes and Authorities. Title VI of the Civil c Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. AGREEMENT 00500-Page 16 of 36 Packet Pg.955 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid _ Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as - amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits _ discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 CL USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);The Civil Rights Restoration Act of 1987, (PL 100- 209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II �i and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49. U.S.C. § 47123) (prohibits discrimination on the basis of race, color, 0 national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, E policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order E 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI, you �-- must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 7.9 Compliance with FHWA 1273: The FHWA-1273 must be physically incorporated in every contract and subcontract. The FHWA-1273 is included as ATTACHMENT A . 0 7.10 Federal Contract Requirements. The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: CL 7.10.1 Clean Air Act and the Federal Water Pollution Control Act. CONTRACTOR agrees to i comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). AGREEMENT 00500-Page 17 of 36 Packet Pg.956 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 7.10.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148).When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, _ Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, _ all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. 31413144 and 3146-3148)as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions CL Applicable to Contracts Covering Federally Financed and Assisted Construction"). In LM accordance with the statute, CONTRACTORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each Solicitation (incorporated herein at Section 01760 LAP DIVISION 1 SPECIFICATIONS).The decision �i to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the o Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, 2 Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance U Program), the CONTRACTORS must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each CONTRACTOR or sub recipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all e suspected or reported violations to the Federal awarding agency. �. 1) The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. o 3) Breach. A breach of the contract clauses above may be grounds for _ termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. CL 7.10.3 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708).Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each AGREEMENT 00500-Page 18 of 36 Packet Pg.957 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the _ work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements CL do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 0 7.10.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit 2 organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the o recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7.10.5 Clean Air Act(42 U.S.C.7401-7671g.).Water Pollution Control Act(33 U.S.C. 1251-1387) as amended. Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the 0) Regional Office of the Environmental Protection Agency(EPA). 7.10.6 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see E 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 7.10.7 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a o member of Congress in connection with obtaining any Federal contract, grant or any other _ award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. CL i 7.10.8 Compliance with Procurement of recovered materials as set forth in 2 CFR 4 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of AGREEMENT 00500-Page 19 of 36 Packet Pg.958 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA - competition, where the purchase price of the item exceeds $10,000 or the value of the 0 quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii)Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa,gov/smm/comprehensive-procurement-quideline-cpq-program. 7.10.9 Americans with Disabilities Act of 1990, as amended, (ADA). The CONTRACTOR will n comply with all the requirements as imposed by the ADA, the regulations of the Federal 0 government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. E 0 U 7.10.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with E COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR U agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR,with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or i quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses,and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as AGREEMENT 00500-Page 20 of 36 Packet Pg.959 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA the Small Business Administration and the Minority Business Development o Agency of the Department of Commerce. 6. Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1)through (5)of this section. 7.10.11 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 0 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60) days written notice of its intention to do so. E C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with seventy-two (72) hours' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of LUi completion to the COUNTY exceeds the funds remaining in the contract; however, the 0) 0 COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 0 U D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the 0) COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay U AGREEMENT 00500-Page 21 of 36 Packet Pg.960 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds _ remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 0 ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Drawings: S&ME signed & sealed plans (Sheets CO.0 through C7.1 and A-1 ca through A-34 and 1-1.0 through 1-4.1 as included in the Monroe County Request for Proposals (RFP) for this project - FDOT Financial Management No. 435511-1; Contract GON68; Federal ID D617-D46B. 0 b) Project Manual: None c) Documents: None 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction as included in the Monroe County Request for Proposals (RFP)for this project. T- 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: None `"� 9.1.4 All County required forms and certifications as included in the Monroe County Request for Proposals (RFP)for this project. 9.1.5 The Addenda, if any, are as follows: 0 Number Date None n/a This Agreement is entered into as of the day and year first written above and is executed in at least one (1)original copy. 2 BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW AGREEMENT 00500-Page 22 of 36 Packet Pg.961 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA Execution by the Contractor must be by a person with authority to bind the entity. l' E OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. _ BOARD OF COUNTY COMMISSIONERS Madok, Clerk OF MONR COU TY, FLORIDA CL By. Deputy Clerk Mayor/Chairman Date a/" 2 r r Z"'f (SEAL) 2 CONTRACTOR'S Witnesses Attest: CONTRACTOR:(�M04 Contractor must provide two witnesses signatures Signature: 0 Signature: �-~� Print Name: a- Print Name: Title: 'Fee 0 Title: blK - &P,4%A-CS Date: g l Date: D Ll D 8 f i 9 and / MONROE COUNTY ATTORNEY E Signature: APPR VED AS 0 F RM Print Name: l�� u-1UY�-( CHRIS AM13I+4Q510 Title: �Vt4 ASSISTANT COUN-ffr.ATTOROY C9 Date: y dBfi Date: � I °� Tn , IM Ov�,Ur�C� STATE OF FLORIDA, COUNTY OF �"• .�- �-� I 1 � On this day of Tdq,(JV� l , 20J,, before me, the undersign6d ,notary. glic",, personally appeared C wee wn to mb lo-!� the person whose name is subscribed above or who produced -identification, and acknowledged E that he/she is the person who executed the above contract with Monroe County for LOWER KEYS SCENIC HIGHWAY VIEWING AREA project for the purposes therein contained. Notary Public 'I! �I Print Name (M 0 yr'�/�- ,�.�A�:":Y;z�; KIMBERLY S.MEHEGAN /� MY COMMISSION#GG 095855 My commission expires: 0 ��.( Uzi Seal EXPIRES:April 19,2021 Bonded Thru Notary Public underwriters End of Section 00500 AGREEMENT 00500- Page 23 of 36 Packet Pg.962 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 GENERAL REQUIREMENTS _ Where Project Management is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan o Section 01015 Contractor's Use of the Premises 2 Section 01027 Application for Payment Section 01030 Alternates o Section 01040 Project Coordination Section 01045 Cutting and Patching 0 Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information—(RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas U_ Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents o Section 01730 Operation and Maintenance Data _ Section 01740 Warranties i 0 GENERAL CONDITIONS Page 24 of 36 Packet Pg.963 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 ATTACHMENT A FHWA 1273—FEDERAL AID CONSTRUCTION CONTRACTS CL c 2 0 0 0 c c� T- m Lu m i 0 CL 0 ATTACHMENT A 01770-Page 25 of 36 Packet Pg.964 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 FHWA-1273-• Revised May 1,2012 — REQUIRED CONTRACT PROVISIONS 0) FEDERAL-AID CONSTRUCTION CONTRACTS CL I. General 3. A breach of any of the stipulations contained in these II. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension!debarment rD V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract VII. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract, N Vill. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on Ca X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS II. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material U supply,engineering,or architectural service contracts. I. GENERAL In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded,under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply vrith: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60• ry incorporated by reference for work done.under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 604.3. subcontractor,lower-tier subcontractor or service provider. Oi Note:The U.S.Department of Labor has exclusive authority to T` Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the autlorty and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. UU referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. 0) subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity:Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth — 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(26 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 CL immediate superintendence and to all work performed on the U.S.C.140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under I U 0 tJ f U ATTACHMENT A 01770-Page 26 of 36 Packet Pg.965 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C.1210,1 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum,specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting,agency and a. The contractor will,unless precluded by a valid CIL the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor w 11 accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment 0 consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,,Mthout regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer;recruitment or agreement to the extent that the system meets the contractors 0 0 recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation:and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the 0 job training." contractor to do the same,such implementation violates (, Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. ro administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 0 5.Personnel Actions:.Wages,working conditions,and 3. Dissemination of Policy:All members of the contractors employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractors EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement vaiil be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractors EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. T e the EEO Officer. r" c. The contractor will periodically review selected personnel tV b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractors procedures for locating and hiring.imincrities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d: Notices and posters setting forth the contractors EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: CIL other appropriate means. a. The contractor will assist in locating,qualifying,and ¢,I increasing the skills of minorities and women who are 0 ro 0 tJ 2 0 0 U ro ATTACHMENT A 01770-Page 27 of 36 Packet Pg.966 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials 0 apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, CL special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C.140(a). administration of this contract. 0 c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and 0 employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. 0 women and will encourage eligible employees to apply for such training and promotion. 10.Assurance Required by 49 CFR 26.13(b): 7,Unions:If the contractor relies in whole or in part upon 0 unions as a source of employees,the contractor All use good a. The requirements of 49 CFR Part 26 and the State tJ faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting"as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below. the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and U cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the 0 toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency 0 deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the ¢. contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the r information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have tV been made to obtain such information. (1)The number and work hours of minority and non- r9 minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor All, (2)The progress and efforts being made in cooperation � through independent recruitment efforts,fill the employment Wth unions,when applicable,to increase employment 0 vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified UJI and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, 01 to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirement's of this paragraph. In the event the union referral report to the contracting agency each July for the duration of _ practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should CIL represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job �I Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor ns 0 0 tJ 0 3 0 0 ro ATTACHMENT A 01770-Page 28 of 36 Packet Pg.967 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. which cover the particular weekly period,are deemed to be — constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid,the appropriate III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or CL contracts and to all related construction subcontracts of mechanics performing work in more than one classification CD $10,000 or more, may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the O employees are provided in such a manner that segregation on time spent In each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification O result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(W H-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are,not assigned to perform their the site of the work in a prominent and accessible place where y services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes O waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the O recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage Ca provided for,employees. The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: ¢ ro IV, DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage O This section is applicable to all Federal-aid construction determination;and U projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and O way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as (ill)The proposed wage rate,including any bona fide local roads or rural minor collectors,which are exempt. Contracting agencies may elect to apply these requirements to fringe benefits,bears a reasonable relationship to the O other projects. wage rates contained in the wage determination. The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contiact provisions and employed in the classification(if known),or their _ related matters'with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the U_ 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the r e 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor, ai a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every I additional classification action within 30 days of receipt and often than once a week,and without subsequent deduction or so advise the contracting officer or will notify the contracting rebate on any ac labor issue such payroll deductions or are officer within the 30-day period that additional time is permitted by regulations issued by the Secretary of Labor � under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents LILI thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics OI than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed O hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the _ and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an CL Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or I U ro O ' tJ 4 ro ATTACHMENT A 01770-Page 29 of 36 Packet Pg.968 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA %riII notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program�has been communicated in writing to the _ appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the 1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such n the classification under this contract from the first benefits.Contractors employing apprentices or trainees under work i o) day which work is performed the classification. approved programs shall maintain written evidence of the _ registration of apprenticeship programs and certification of CL trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor O shall either pay the benefit as slated in the wage determination in C or shall pay another bona fide fringe benefit or an hourly cash whicchh b The contractor shall submit weekly for each week equivalent thereof. any contract work is performed a copy of all payrolls to O the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d.If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee( O 0 under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted In any form desired.Optional Form WH-347 is O been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division Ca to set aside In a separate account assets for the meeting of Web site at http:llwww.dol.gov/esalwhd/forms/wh3471nstr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2, Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and 0 written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an O Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by'the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following:, helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(1I)of r e payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 C j CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; �l a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each helper,apprentice,and trainee)employed on the contract maintained by the contractor during the course of the work and X during the payroll period has been paid the full weekly preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work.Such records wages tamed,without rebate,either directly or indirectly, and that no deductions have been made either directly or indirectly from shall contain the name,address,and social security number of from the full wages earned,other than each such worker,his or her correct classification,hourly rates of wages paid(including rates of contributions or costs permissible deductions as set forth in Regulations,29 CFR anticipated for bona fide fringe benefits or cash equivalents Part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination CL any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- ro O U 5 ro ATTACHMENT A 01770-Page 30 of 36 Packet Pg.969 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA (3)The weekly submission of a properly executed rate specified in the applicable wage determination. _ certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits,this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification.If the Administrator determines that a different (4)The falsification of any of the above certifications may practice prevails for the applicable apprentice classification, subject the contractor or subcontractor to civil or criminal fringes shall be paid in accordance with that determination. CL prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency 0 required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an apprenticeship program,the contractor will no longer be inspection,copying,or transcription by authorized 0 representatives of the contracting agency,the State DOT,the Permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL), 0 after written notice to the contractor,the contracting agency or the State DOT,take such action as maybe necessary to Except as provided in 29 CFR 5.16,trainees will not be use the suspension of any4urther payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required 0 records upon request of to make such records available may work performed unless they are employed pursuant to and be grounds for debarment action pursuant to 29 CFR 5.12. individually registered in a program which has received prior approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4, Apprentices and trainees Administration. ro a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on,the job site shall not be greater than permitted under the plan approved by the 0 Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified 0 apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor.Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor:Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90.days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee r The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall C i permitted to the contractor the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed, In addition,any trainee performing inorming work on the job site in 0 apprentice wage rate,who is not registered or otherwise excess of the ratio permitted under the registered program e mployed as stated above,shall be paid not less than the shall be paid not less than the applicable wage rate on the 0 applicable wage rate on the wage determination for the 0 wage classification of work actually performed.In addition,any determination for the work actually performed. apprentice performing work on the job site in excess of the 1 ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration 0 less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. — rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be CL in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 l specified in the registered program for the apprentice's level of CFR part 30. 0 progress,expressed as a percentage of the journeymen hourly 0 0 U 0 0 6 0 ro ATTACHMENT A 01770-Page 31 of 36 Packet Pg.970 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V; CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to CL particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for an O p g y part of the contract work which may require 0 3,which are incorporated:by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he she is h k to 6.Subcontracts. The contractor or subcontractor shall insert e o s employed on such work ut Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less O subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours tJ compliance by any subcontractor or lowertier subcontractor worked in excess of forty hours in such workweek. 76 with all the contract clauses in 29 CFR 5.5. O 2.Violation;liability for unpaid wages;liquidated CJ 7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12'. unpaid wages.In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such U requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each O Bacon and Related'Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each 9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours without payment of the overtime wages required by the disputes shall be resolved in accordance with the procedures clause set forth in paragraph(1.)of this section. of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any r other Federal contract with the same prime contractor,or any tV other federally-assisted contract subject to the Contract Work a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be I interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b.No part of this contract shall be subcontracted to any person or firm Ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert �I of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1), in any subcontracts the clauses set forth in paragraph(1.) through(4.)of this section and also a clause requiring the O ate c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier U.S.Criminal Code,1 B U.S.C.1 ate subcontracts.The prime contractor shall be responsible for _ compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. CL ro O tJ 7 ro ATTACHMENT A 01770-Page 32 of 36 Packet Pg.971 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. — This provision is applicable to all Federal-aid construction 5.The 30%self-performance,requirement of paragraph(1)is contracts on the National Highway System, not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform Wth its own organization requirements. W contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be — performed by subcontract and the amount of any such T h i s p r o v i s i o n i s applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws 0 governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with Its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented.by the prime contractor,with or determines,or as the contracting officer may determine,to be in without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to O agents of the prime contractor,or any other assignees. The protect property in,connection with the performance of the U term may include payments for the costs of hiring leased work covered by the contract. 76 employees from an employee leasing firm meeting all relevant O Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be Included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions m supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary O of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work U (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. Vill.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v i s 1 o n i s applicable to all Federal-aid r e material and manufactured products which are to be construction contracts and to all related subcontracts, r purchased or produced by the contractor under the contract tV provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high I 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the UJ engineering services)as the contracting officer determines is project is a violation of Federal,law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C.1020 reads as follows: CL contracting agency has assured that each subcontract is I m 0 g C) U m ATTACHMENT A 01770-Page 33 of 36 Packet Pg.972 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 "Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination,whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for CL approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction.If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d,The prospective first tier,participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom y representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when O Roads Act approved July 1,1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terns"covered transaction,""debarred," O years or both." "suspended,""ineligible,""participant,""person," "principal," , Ca and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction bet.veen a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier U Participant"refers to the participant who has entered into a O By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a ry appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from — every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by U_ the contracting agency may direct as a means of enforcing the department or agency entering into this transaction: such requirements. r g.The prospective first tier participant further agrees by r submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility C j SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant,in a covered transaction may rely upon a LU approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered �I defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it O knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, _ 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded OL Parties List System,website(https://v ww,.eolsJtiov/),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. I below will not necessarily result in denial of participation in this ro O tJ 9 U ro ATTACHMENT A 01770-Page 34 of 36 Packet Pg.973 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 L Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. _ render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is — a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred," CIL person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,"'participant,""person,""principal," _ excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or 0 subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant' ut Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds 0 a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a 76 covered transaction with a First Tier Participant or other Lower 0 (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered.into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless U connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by 0) bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," 0)(3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold., paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is T� b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered Cy participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(https:lhvw�v.epls.gov/),which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The T a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation — of fact upon which reliance was placed when this transaction 1.Except for transactions authorized under paragraph a of was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a CIL certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the 0 U 10 ATTACHMENT A 01770-Page 35 of 36 Packet Pg.974 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment,Suspension, CL Inefigibility,and Voluntary Exclusion--Lower Tier _ Participants. 1.The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, O declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of,the statements in this certification,such prospective participant shall attach an explanation to this O proposal. Ca 0 XI,CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed ro S100,000(49 CFR 20). 1.The prospective participant certifies,by signing and 0 submitting this bid or proposal,to the best of his or her O knowledge and belief,that: a.No Federal appropriated funds have been paid or will be aid,b or on behalf of the undersigned,to an p y g y 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 r- attempting to influence an officer or employee ofany Federal tV 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 W submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or LU entered into. Submission of this certification is a prerequisite 0) for making or entering into this transaction imposed by 31 U.S.C.1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier CL subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. U ro 0 11 U ro ATTACHMENT A 01770-Page 36 of 36 Packet Pg.975 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 WORKERS' COMPENSATION - INSURANCE REQUIREMENTS FOR _ CONTRACT: LOWER KEYS SCENIC HIGHWAY VIEWING AREA CL BETWEEN L MONROE COUNTY, FLORIDA AND 0 0 Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. In addition,the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident 0 $1,000,000 Bodily Injury by Disease, policy limits c $1,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized e self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may �. be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. cv ai If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. i In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. X i 0 i 0 ca PRE-PROPOSAL SUBSTITUTIONS 00140-Page 36 of 298 Packet Pg.976 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA GENERAL LIABILITY - INSURANCE REQUIREMENTS FOR _ CONTRACT: LOWER KEYS SCENIC HIGHWAY VIEWING AREA CL BETWEEN MONROE COUNTY, FLORIDA AND 0 r y 0 Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations 0 • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: $1,000,000 Combined Single Limit An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. i The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. i 0 CL 0 PRE-PROPOSAL SUBSTITUTIONS 00140-Page 37 of 298 Packet Pg.977 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 VEHICLE LIABILITY INSURANCE REQUIREMENTS _ FOR LOWER KEYS SCENIC HIGHWAY VIEWING AREA BETWEEN CL MONROE COUNTY, FLORIDA _ AND 0 r Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: .� • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: U .$1,000,000 Combined Single Limit(CSL) o If split limits are provided, the minimum limits acceptable shall be: $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. cv ai i x Lu i 0 CL 0 BIDDER'S INSURANCE AND INDEMNIFICATION STATEMENT PRE-PROPOSAL SUBSTITUTIONS 00140-Page 38 of 298 Packet Pg.978 C.17.b LOWER KEYS SCENIC HIGHWAY VIEWING AREA 0 INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease Policy Limits _ $1,000,000 Bodily Injury by Disease, each employee General Liability, including $1,000,000 Combined Single Limit c Premises Operations 2 Products and Completed Operations Blanket Contractual Liability Personal Injury Liability 0 Vehicle Liability(Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit If split limits are preferred: $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage c Builder's Risk: Required The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. e Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements a) prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against(i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent - the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, CL contractors or invitees (other than Contractor). The monetary limitation of liability under this i contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. PRE-PROPOSAL SUBSTITUTIONS 00140-Page 39 of 298 Packet Pg.979 C.17.b DATE(MMIDDIYYYY) A"CORD CERTIFICATE OF LIABILITY INSURANCE 05/01/2019 _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES O BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. _ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONT ME:ACT N HOUSE Kelly White&Associates Insurance,LLC PHONE 904 880 8881 (FAX,AIcNo): _ P.O.Box 350909 E-MAIL ADDRESS: kelly@kwhiteinsurance.com CLINSURERS AFFORDING COVERAGE NAIC# Jacksonville FL 32235 INSURER A: Capitol Specialty Ins Co INSURED INSURER B: MAPFRE Insurance Company of Florida Coral Construction Company INSURER : Nautilus Insurance Company O Po Box 500582 INSURER D: Wesco Insurance Company INSURER E: Markel Specialty HUII 2 Marathon Shores FL 33050 INSURER : N COVERAGES CERTIFICATE NUMBER: CORA1905011327359 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD Ca INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 0 INDNYYYI T R TYPE OF INSURANCE ADD SUBR wynPOLICY NUMBER PM DICY EFF POD/YYYYlLICY EXP LIMITS X COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE I A I OCCUR PREMIDSES(Ea occurrence) 1 AMAGE TORENTED 100,000 MED EXP(Any oneperson) 5,000 A X CS17007427-02 10/31/2018 10/31/2019 PERSONAL&ADV INJURY $ 1,000,000 U GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY 0 PRO ❑Loc PRODUCTS-COMP/OPAGG $ 1,000,000 ¢' JECT OTHER: 13pI O ED EMNY Y $ AUTOMOBILE LIABILITY WAIVER COMBINED SINGLE LIMIT(Ea accident) $ ANY AUTO _ BODILY INJURY(Per person) $ 1,000,000 B OWNED X SCHEDULED 5204070001917 01/16/2019 01/16/2020 BODILY INJURY(Per accident) $ 1,000,000 AUTOS ONLY AUTOS HIRED NON-OWNED OPERTY DAMAGE IX AUTOS ONLY X PRAUTOS ONLY $ 1,000,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 •w C EXCESS LIAB HCLAIMS-MADE AN059226 10/31/2018 10/31/2019 AGGREGATE $ 1,000,000 P' DED RETENTION$ $ r� WORKERS COMPENSATION PER X OTH- USL&H 6006E CV Y/N AND EMPLOYERS'LIABILITY X STATUTE /� ER ANY O ECUTIVE E.L.ECHACCIDENT $ 1,000,000 CD D OFFICERIMEMBEREXCLUDED � NIA WWC3391896 12/12/2018 12/12/2019 I (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 f yes,describe under 1,000,000 2 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Scheduled Equipment Only E Contractors Equipment MKLM31M0050203 03/01/2019 03/01/2020 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is listed as additionally insured for both General Liability&Commercial Auto Liability as required per written contract. CL CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 !. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg.980 AC RO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/07/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT HOUSE NAME: Kelly White&Associates Insurance,LLC PHONE 904-880-8881 FaAc No): _ P.O.Box 350909 E-MAIL ADDRESS: kelly@kwhiteinsurance.com INSURERS AFFORDING COVERAGE NAIC# Jacksonville FL 32235 INSURERA: Capitol Specialty Ins Co INSURED INSURER B: MAPFRE Insurance Company of Florida Coral Construction Company INSURERC: Nautilus Insurance Company O Po Box 500582 INSURER D: Wesco Insurance Company INSURERE: Markel Specialty HUII Marathon Shores FL 33050 INSURER F: COVERAGES CERTIFICATE NUMBER: CORA1905070818437 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, O EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Ca INSR TYPE OF INSURANCE ADD SWVD UBR POLICY NUMBER MMIDDnYYY POLICY LIMITS LTR X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 F—VI DAMAGE TO RENTED 100,000cu CLAIMS-MADE /\ OCCUR PREMISES Ea occurrence S ¢, MED EXP(Any oneperson) S 5,000 A X X CS170074227-02 10/31/2018 10/31/2019 PERSONAL&ADV INJURY S 1,000,000 U APPROVED BY RISK AGEME1 IT O GEN'L AGGREGATE LIMIT APPLIES PER: ` GENERAL AGGREGATE $ 2,000,000 JECT LOC PRODUCTS-COMP/OP AGG X POLICY PRO !3Y 1,000,000 S OTHER: DATE AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ` Ea accident ANY AUTO WAIVER W YES— BODILY INJURY(Per person) S 1,000,000 � B OWNED X SCHEDULED 5204070001917 01/16/2019 01/16/2020 BODILY INJURY(Per accident) S 1,000,000 AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE ¢ AUTOS ONLY AUTOS ONLY Per acci I.," S 1,000,000 $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE S 1,000,000 W C EXCESS LIAB CLAIMS-MADE AN059226 10/31/2018 10/31/2019 AGGREGATE S 1,000,000 P' DED I I RETENTIONS $ WORKERS COMPENSATION X STATUTE X �R H USL&H 6006F M AND EMPLOYERS'LIABILITY Y I N CD D ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? Y N/A WWC3391896 12/12/2018 12/12/2019 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under 1000000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY , , LIMIT S U Scheduled Equipment Only E Contractors Equipment MKLM31M0050203 03/01/2019 03/01/2020 6 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Monroe County BOCC and the Florida Department of Transportation(FDOT)are included as Additional Insured as respects General Liability and Auto Liability policies,pursuant to and subject to the policy's terms,definitions, conditions and.exclusions.All as required per written contract. CL I CERTIFICATE HOLDER CANCELLATION O SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 500 Whitehead St. AUTHORIZED REPRESENTATIVE U Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg.981