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Item C11
BOARD OF COUNTY COM I SSIONERS AGENDA ITEM SUMMARY Meeting Date:July 17.2013 Division:public Works/Engineering Bulk Item: Yes X No .,, Department: Engineering Services Department Staff Contact Person/Phone#:Judy Clarke X4329 AGENDA ITEM WORDING: Approval to award contract to American Bridge Company in the amount of$630,415.26 for the Old SR 940 Leg A(Watson Boulevard)Bridge repair project. This project is funded by Florida Department'of Transportation(FDOT)through a Local Agency Program (LAP)Agreement. ITEM BACKGROUND: American Bridge Company is the second lowest responsible bidder. The lowest bidder was disqualified for failing to comply with information required by Section 2-347(h).of the Monroe County Code. Monroe County received three bids to county bridge#904310 Old SR 940 Leg A(Watson Boulevard)bridge on June 19,2013. PREVIOUS RELEVANT BOCC ACTION: BOCC approved Local Agency Program (LAP) Agreement with FDOT to provide funding for design and construction of repairs to the bridge at the January 2011 BOCC meeting.The BOCC approved advertising for construction bids at the April 2013 meeting. j I CONTRACT/AGREEMENT CHANGES: Contract attached: STAFF RECOMMENDATIONS:Approval as stated above. TOTAL COST: $630.415.26 INDIRECT COST: BUDGETED: Yes 2C_No DIFFERENTIAL OF LOCAL PREFERENCE: not applicable COST TO COUNTY: $0 SOURCE OF FUNDS:FDOT LAP REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year ri APPROVED BY: CountyA ' ing Management ' tt' ` MB . m Risk M ent �� DOCUMENTATION: Included X Not Required DISPOSITION: (�,r -a f e-173°�+_,;. r Revised 7/09 I ' t y MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY' Contract with: American Bridge Contract# Company p y Effective Date: I July 17,2013 Expiration Dat : 120 Days from issuance of notice to proceed Contract Purpose/Description: Construction contract for the Old SR 940 Leg A(Watson Boulevard)Bridge repair project. � I Contract.Manager: Judy Clarke 4329 Engineering/#1 (Name) (Ext.) (Department/Stop#) l for BOCC meeting on 7/17/2013 Agenda Deadline:7/2/2013 CONTRACT COSTS Total Dollar Value of Contract: $ 630,415.26 Current Year Portion: $ 630,415.26 Budgeted?Yes X No Account Codes: `t lQ l:- 57„ote30 Grant: $ 630,415.26 - - - County Match: $ 0 - - I ADDITIONAL COSTS Estimated.Ongoing Costs: $ /yr For: (Not included in dollar value above) . (eg.maintenance,utilities,janitorial,salaries,etc.) I ' CONTRACT REVIEW Changes I Date Out Date In Need r/- e Division Director 7- -V) Yes❑No p ,1. ,/P m 40 TitTWIPse Risk Management '` (� Yes❑No_ LIl((wwod0`-( O.M.B./Purchasing (' f YesO NoI], f' (. County Attorney s Yes[]No0 ), ,0A r „pi, `- 0.1i1 191A /i3 Comments: I OMB Form Revised 2/27/01 MCP#2 Old SR 940 Lez A(Watson Bridge)Repair Section 00500 r Standard Form of Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 17th day of July in the year of Two Thousand and Thirteen. BETWEEN the Owner: Monroe County Board of County Commissioners("BOCC") 1100 Simonton Street Key West,Florida 33040 ("Owner") And the Contractor: American Bridge Company 5430'West Tyson Avenue; Tampa,Florida.3361.1 ("Contractor") For the following Project: Old SR 940 Leg A(Watson Bridge)Repair Project Big Pine Key Monroe County,Florida 33043 ("Project") Oversight for Owner: Parsons Brinkerhoff;Inc. One'Penn Plaza New York,NY 10119 Engineer: CH2M HILL, Inc 9428 Baymeadows..Road, Suite 300 Jacksonville,Florida 32256 1 The Owner and Contractor agree as set forth below. 1 429/2013 STANDARD FORM OF AGRE MENTBETWEENOWNERANDCONIRACTOR(9 2012) 00500-1 Old SR 940 Leg A(Watson Bridge)Repair ARTICLE 1 The Contract.Documents The Contract Documents consist of this. Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Insurance.Requirements and Documents,.Milestone.Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract, and are as fully a part of the Contract as if attached to this Agreen ent..or repeated herein.j The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements,either written or oral. ARTICLE 2 The Work of this Contract The Contractor-shall execute the entire Work described in the contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others,or as follows: Scope of Work is-as specified in the Contract Documents,and shown on the Drawings:and in the specifications.The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Old SR 940 Leg A(Watson.Bridge)Repair Project. I ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured;and shall be the date of this IAgreement, as first written above,unless a different date is stated below or provision is made foi the date to be fixed,ina notice to proceed issued by the Owner as stated in Section 00350, milestone schedule. Unless.the date of commencement is established by a notice to proceed issued by the Owner,the Contractor shall notify the Owner, in writing not less than five days before commencing the Work. The date of commencement shall be the date specified in the Notice to Proceed issued to the Contractor. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 120 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. 1 LID UIDA TED DAMAGES Liquidated damages will be based on the Substantial Completion.Date for all work,modified by all approved extension in time as set forth by the Owner's signature of approval on the Certificate of Substantial Completion:{The liquidated damages table below shall be utilized to determine the amount of liquidated damages. - 4292013 STANDARD FORMOFAGREEMEWfBETV/EENOWNERANDCONTRAC.TOR(9_2012) 00500-2 I , I ' Old SR 940 Lea A(Watson Bridge)Repair FIRST SECOND 31st DAY& CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under 50,000.00. $50.00/DAY $100.00/DAY $250.00/DAY $50,000.00-$99,999.00 100.00/DAY 200.00/DAY 750.00/DAY $100,000.00-499,999.00 200.00/D4Y 500.00/DAY 2,000.00/DAY $500,000.0 and Up 500.00/DAY 1,000.00/DAY 3,500.00/DAY The Contractor's recovery of damages!and sole remedy for any delay caused by the Owner shall be an extension of time on the.Contract. Balance of Page Intentionally Left Blank • 429/2013:. STANDARD FORM OF AGREEMENT BECWEEN OWNER AND CONIRACTOR(9_2012) 00500-3 Old SR 940 Lea A(Watson Bridge)Repair ARTICLE 4 Contract Sum 4.1 The owner.-shall.pay the Contractor in current funds for the Contractor's performance of the Contract, for Old SR 940 Leg A(.Watson Bridge) Repair..Project the Contract Sum of SIX HUNDRED THIRTY THOUSAND FOUR HUNDRED FIFTEEN AND 26/100 DOLLARS. ($630,415.26),subject to additions and deductions as provided in the Contract Documents. 4.2 The.Contract Sum is based up n the following alternates, if any,which are described in the Contract.Documents and are hereby accepted by the Owner: None 4.3 Unit prices, if any, areas follows: As specified in.Section 001.10. ARTICLE 5 Progress Payments 5.1 Based.upon Applications for Payment submitted by the Contractor to the Owner,and. upon Project Applications and Certificates for Payment,the Owner shall make progress payments on account of the.Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2. The period covered by each.Application for payment shall be One calendar month ending on the last day of the month. 5.3 County shall pay pursuant to the.Local Government Prompt.Payment:Act 218.70. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule,of Values shall. allocate the.entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule,unless objected to by the OWne.r, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall{indicate the percentage of completion,of each portion of the Work,as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of thel Contract Documents,the amount of each progress payment shall be computed as follows! 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each'portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage;of Ten percent(10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may pe included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum.shall be actual net cost as confirmed by the Owner. When both 429/2013 STANDARD FORM OF AGREEMENT BETWEEN OWNER MD CONTRACTOR(9 2012)- 00500-4 I , • Old SR 940 Leg A(Watson Bridge)Repair 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 of Ten percent(10%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any,for which the Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 Of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances:. 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent(90%)of the Contract Sum, less such amounts as the Owner recommends and determines for incomplete.Work and unsettled claims;and 5.7.2 Add, if final completion of theWork is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance,with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None ARTICLE 6 Final Payment Final payment,constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when(1)the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any,which necessarily survive final payment andi(2)a final Project Certificate for Payment has been issued by the Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment. 1 ARTICLE 7 Miscellaneous.Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the.Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local. Government Prompt Payment Act 218,735 4/29/2013 STANDARD FORMOF AGREEMENT.BETWEEN OWNERAND_CON RACTOR(9 2012) 00500-5• Old SR 940 Leg A(Watson Bridge)Repair 7.3 Temporary facilities and services: None. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board.of County Commissioners. 7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities.Crime Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto,and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination,_based on an audit,that it or any subcontractor has committed an act defined by Section 287.133,.Florida Statutes,as al"public entity crime"and that it has not been formally charged with committing an act defnetd as a"public entity crime"regardless of the amount of money involved,or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a"public entity crime" or has been placed on the convicted vendor list.A. person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to public entity,may not be awarded or perform work as contractor,supplier, subcontractor,or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are part of this contract: a) Maintenance of Records: Contractor shall,maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives, or the Federal Emergency Management Agency or its designee, shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an 'auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to phis Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. b). Governing Law,Venue,Interpretation,Costs,and Fees:. This Agreement shall be governed by and construed in accordance with the laws of the State of.Florida applicable to contracts made and..to..be performedenitirely in the State. In the event that any cause of action or adniiniistrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue 429/2013 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR(9 2012). 00500-6 Old SR 940 Lea A(Watson Bridge)Repair: shall lie in the appropriate court or before the appropriate administrative body in Monroe County,Florida.This Agreement shall not be subject to arbitration. c) Severability: If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction,the remaining terms, covenants, conditions and provisions of this.Agreement, shall not be affected thereby;.and each remaining term,covenant,condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement'of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the.Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of;this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs,as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. e) Binding Effect: The terms,.covenants, conditions, and provisions of this Agreement shall bind and inure to the;benefit of the County and Contractor and their respective legal representatives,successors, and assigns. f) Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all.necessary County and corporate action,as required by law. g) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is, empowered to apply for,1 seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Nondiscrimination: i County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this .Agreement automatically terminates without any further action;on the part of any party, effective the date of the court. order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of.1972, as amended (20 USC ss.1681-1683, and 1685-.168'6), which prohibits discrimination-on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended ,(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972(PL192-255),as amended,.relating,to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, 4292013 STANDARD FORM OFAGREEMOVC BETWEEN OWNERANDCONIRACTOR(9 2012) 00500-7 Old SR 940 Leg A(Watson Bridge)Repair Treatment and Rehabilitation Act of 1970 (PL 91616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service.Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s, et seq.), as amended; relating to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990(42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability;: 10) Monroe County Code Chapter 13,Article VI,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial. status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. i) Covenant of No Interest: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement,.and that only linterest of each is to perform and receive benefits as recited in this Agreement. j) Code of Ethics: County agrees that officers and employees of the County recognize and will be required to comply with the standard of conduct for public officers and employees as delineated in Section, ;112.313, Florida Statutes, regarding, but not limited to,. solicitation or acceptance of gifts; doing business . with one's agency; unauthorized compensation;misuse of public position,conflicting employment or contractual relationship; and disclosure or use of certain information. I k) No Solicitation/Payment:. The County and Contractor warrant that, in respect to itself,, it has neither employed nor retained any company ;or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any 'fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision,the Contractor agrees that the County shall have the right:to terminate this Agreement without liability and, at its discretion, to offset from monies owed,or otherwise recover,the full amount of such fee,commission,percentage,gift,or consideration. 1) Public Access: The County.and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or 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 Agreement;.and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. m) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage; self-insurance coverage, or local government liability insurance pool coverage shall .not be deemed a waiver of immunity to the extent of liability coverage, nor shall} any contract entered into by the County .be required to contain any provision for waiver. n)" Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances,I and rules, pensions} and . relief, disability, workers' compensation, and other benefits which.apply to the activity of officers, agents, or employees of 4292013 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR(9 2012) 00500-8 Old.SR 940 Les A(Watson Bridge)Repair any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. o) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is-;not intended to, nor shall itbe construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution,state statute,and case law. p) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the:Contractor or any agent,officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart; inferior to, or superior to the community in general or for the purposes contemplated in.this Agreement. q) Attestations: Contractor agrees to execute such documents as the County may reasonably require, including a..Public Entity Crime Statement, an Ethics Statement, and.a Drug- Free Workplace.Statement. r) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member; officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of.Monroe. County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. s) Execution in Counterparts: This Agreement may be executed in any number of counterparts, each. of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties'._hereto may execute this Agreement by signing any such counterpart. t) Section Headings:. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. u) Special Conditions, if any are detailed in Section 01000 of the Project Manual for.this Project. v) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the CQUNTY's elected .and appointed officers and employees harmless from and against (i) claims, actions or causes of action, (ii) litigation,administrative proceedings, appellate proceedings, or other proceedings relating to any 4292013 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR(92012). 00500-9 Old SR 940 Leg A(Watson Bridge)Repair type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of.the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.0.6. Insofar as the !claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project(including the work of others) is delayed or suspended as a result of the Contractor's failure to.putchase or maintain the required insurance,the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. In the event the completion of the project(including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance,the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars($10.00)of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to,reduced,or lessened by the insurance requirements contained elsewhere within this agreement. w) Adjudication of Disputes or Disagreements: The Owner and Contractor agree that all disputes and:disagreement shall be attempted to be resolved by meet and confer sessions between representatives of each of they parties.If no resolution can be agreed upon within 30 days after the first meet and confer session,the issue or issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not,resolved to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law.This provision does not negate or waive the provisions of Paragraph X concerning cancellation. x) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement afterlfive days written notification to the Contractor. y) Cooperation: In the 'event any administrative or legal proceeding is instituted against either party relating to the formation, execution; performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement.. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this.Agreementl 429/2013 STANDARD FORM OF AGREEMENT.BETWEEN OWNER AND CONIRAGTOR(9 2012) 00500-10 1 Old SR 940 Leg A(Watson Bridee)Repair 7.7 Ownership of the Project Documents:The documents;prepared by the Contractor for this. Project belong to the County and maybe reproduced and copied without acknowledgement or permission of the Contractor. 7.8 Successors and Assigns:The Contractor shall not assign or subcontract its obligations under this agreement,except in writing and with the prior written approval of the Board of County Commissioners for Monroe County;:which approval shall be subject to such conditions. and provisions as the Board may deem necessary.This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this.Agreement. Subject to the provisions of the immediately preceding sentence,each party hereto binds itself, its successors,assigns and legal representatives to the other and to the successors,assigns and legal representatives of such other party. 7.9 No third Party Beneficiaries:Nothing contained herein shall create any relationship, contractual or otherwise,with or any rights in favor of, any third party. 7.10 Disadvantaged.Business Enterprise(DBE)Policy and Obligation: The Contractor agrees to comply with the provisions of F.DOT's Disadvantaged Business Enterprise Program as. outlined in the Certification contained in Section 00110 Bid Proposal. The Contractor will complete and execute FDOT form 275-030-1113,'DBE Affirmative Action:Plan,which is included as Attachment A to this Agreement. 7.11 FHWA Form 1273:Form 1273 is attached hereto as Attachment B and made a part of this contract.The Contractor Will adhere to all provisions in FHWA Form 1273. 7.12 Buy America: The Contractor agrees that it will comply with the requirements of 49 U.S.0 Section 5323 (j)(1).Section 165 (a)of the Surface Transportation Assistance Act of 1982, as amended,but it may qualify for an exception to the requirements pursuant.to Section 165 (b) (2)or(b) (4)of the Surface Transportation Assistance Act of 1982 and regulation in 49 CFR 66.1,7. I 7.13 Foreign Contractor and Supplier Restriction: The Contractor shall not knowingly enter into any subcontract under this contract: (1) With a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the United States.Trade Representative(USTR)or (2) For the supply of any product for use on the Federal Public Works project under this contract that is produced or manufactured in a foreign country included on the list of countries that discriminate against U.S.firms published by USTR(Includes"Buy American"provisions). 7.14 Public Agency Subcontracting to.Private Sector Entity Contract.Provision: in accordance with the provisions of 23 CFR 635.112(e),No public agency shall be permitted to bid in competition or to enter into subcontracts with private contractors. .A breach of any of the stipulations 23 CFR 635 112(e)shall bje sufficient grounds for termination of the Contract. 7.15 Contractor Purchased.Equipment for Local Owneiship: in accordance with the. provisions of 23-CFR 140 and 49 CFR Section 18.3 the Contractor will not purchase equipment. for County ownership. 429/2013 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACCOR(9 2012) 00500-11 1 Old SR 940 Leg,A(Watson.Bridge)Repair i 7.16 Equipment Rental Rates: in accordance with 23 CFR 635.120 and 48 CFR 31 the County will pay standard equipment rental rates for the local area where the Work is being conducted for rented equipment,as.neded during the project.! I 7.17 Local Hiring Preference: the County will not include a Local Hiring Preference for this contract. - 7.18 Publicly Owned Equipment: in accordance with the provisions of 23 CFR 635.106 publicly owned equipment will not be allowed to compete with privately owned equipment under this agreement. i 7.19 State Preference:No require i ent.will be imposed: (a)To require the use of or provide a price differential in favor of articles or materials produced within the State, or otherwise to prohibit,restrict or discriminate against the:use of articles or materials shipped from or prepared, i made or produced in any State,territory or possession of the United States;or (b)To prohibit,restrict or otherwise discriminate against the use of articles or materials of foreign origin to any greater extent than is permissible under policies of the Department of Transportation as evidenced by requirements and procedures prescribed by the FHWA Administrator to carry out such policies. 7.20 Salvage Credits: The Contractor will not receive credits for salvageable materials. 7.21. Equal Employment Opportunity(EEO)Requirements:the Contractor will adhere to the DOT EEO requirements in accordance with Executive Order 11246 and as outlined in the Equal Employment Opportunity Certification in Specification Section 00110.Prior to the start of construction the Contractor will complete FDOT Form 275-021-13 Notification to FOOT of EEO Officer and Form 275-021-05,,Record of Supervisory and Office Personnel EEO Meeting or Individual Orientation,which are included as Attachment C.to this Agreement. 7.22 Davis-Bacon Act: In accordance with the DavisBacon.Act, the Contractor and their subcontractors shall pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character.The current prevailing wage rate table is attached as Attachment D. 7.23 The Contractor shall utilize thej U.S.Department of Homeland Security1 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. 4/29/2013 STANDARD FORM OF AGREEMENT BETWEEN OWNER ANDCONTRACTOR(9 2012} 00500-12 • Old SR 940 Leg A(Watson Bridge)Repair. ARTICLE 8 � I Termination or Suspension. 8.1 The Contract may be terminated by the.Owner or the contractor as provided in Article 14 of the General Conditions. I 8.2 The Work may be suspended b'the Owner as provided.in Article. 14 of the General Conditions. Article 9 Enumeration of Contract.Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows': See Article .1 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The.General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the.Contract are those contained in the Project Manual dated May2013,and are as follows: As listed in Table of Contents,Section 00001 of the.Project Manual for this project 9.1.4 The Specifications are those contained in the.Project Manual dated as in Subparagraph 9.1.3, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows; and are dated on each individual drawing unless a different date is shown below: 1 9.1.6 The Addenda, if any,are as follows: Portions of Addenda;relating to bidding requirements are not part of the Contract Documents. unless the bidding requirements are also enumerated in this Article 9. 1 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County Bid Form in Section 00110. See Article 1. REMAINDER OF PAGE.LEFT BLANK { 4292013 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR(9 2012) 00500-13 Old SR 940 Lea A(Watson Bridge)Repair IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four(4) counterparts, each of which shall,without proof or accounting for the other counterparts,be deemed an original contract. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVILIN,Clerk OF MONROE COUNTY,FLORIDA By: By Deputy Clerk Mayor "+., 'V mod/'"x r,�3 1/4R r��'�, CONTRACTOR .r Vrjr t �= r' �'• 1I,Ar V irteli�Vn'civm, ,B i / 4 4R 431.6` wt Title: (2e/t( ;nr-15 'OW E 1 S'.-(tff7T. Title: (//GL' MtJ/Ot=N• END OF SECTION 00500 MONROE COUNTY ATTORNEY APPROVED AS TO FORM: CHRISTINE M.-LIMBERT-BARROWS ASSISTANT OOVN'Y ATTORNEY Date (Optf 416 4292013 STANDARD FORM OFAGR ENFBETWEENOWNERAI.DCONTRACTOR(9 2012) 00500-14 • ATTACHMENT A Florida Department of Transportation RICK SCOTT 605 Suwannee Street ANANPH PRASAD,P.E. GOVERNOR Tallahassee,FL 32399-0450 SECRETARY February 24, 2012 RE: DBE AFFIRMATIVE ACTION PLAN APPROVAL Dear Mr.Wind: The Disadvantaged Business Enterprise Affirmative Action Plan submitted by: AMERICAN BRIDGE COMPANY has been approved for a period of three years. Please update and submit a new plan before the expiration date shown below. If you do not plan to work on any Florida Department of Transportation Projects, it will not be necessary for you to submit a new plan. If you need any additional information, please contact me'at(850) 414-4742. Sincerely, ()16 Erica Miller Contract Compliance Administrator Equal Opportunity Office AFFIRMATIVE ACTION PLAN EXPIRATION: February 24, 2015 This plan is one of the requirements to bid on contracts far the Florida Department of Transportation. This is not approval for Unified Certification Program Disadvantaged Business Enterprise(UCPIDBE) Certification. For additional information in becoming a DBE. contact the Certification Section at(850)414-4747. 1 0/16 ww .dot.state.fl.us w • ATTACHMENT B 1 Me Required Contract Provisions Federai-Aid Construction Contracts FHWA-1273 Electronic Version—March 10, 1994 I. General 1 IL Nondiscrimination 2 III. Nonsegregated Facilities 6 IV. Payment of Predetermined Minimum;Wage 7 V. Statements and Payrolls 12 VI. Record of Materials,Supplies,and Labor 14 VII. Subletting or Assigning the Contract 14 VIII. Safety:Accident Prevention 15 IX. False Statements Concerning Highwi y Projects 16 X. Implementation of Glean Air Act and(Federal Water Pollution Control Act 17 XI. Certification Regarding Debarment,Suspension Ineligibility,and Voluntary Exclusion 17 XII. Certification Regarding Use of Contract Funds for Lobbying 21 Attachments A. Employment Preference for Appalachian Contracts(included in Appalachian contracts only) 23 I. GENERAL. 1. These contract provisions snail apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework,station work,,or by subcontract. j -2. Except as otherwise provided for in each section,the contractor shall insert in each , subcontract all of the stipulations contained in these Required Contract Provisions,and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made.The Required Contract Provisions shall not be incorporated by reference in any case.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section 1, paragraph,2; Section IV,paragraphs 1,2,3,4,and 7; Section V,paragraphs 1 and 2a through 2g: I 148 • 5. Disputes arising out of the labor standards provisions of Section IV(except paragraph 5)and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract.Such,disputes shall be resolved'in accordance with the procedures of the U.S.Department of Labor(DOL)as set forth in 29 CFR 5,6,and 7. Disputes within the meaning of this clause include disputes between the contractor(or eny of its subcontractors) and the contracting agency,the DOL,or the contractor's employees or their representatives. 6. Selection of Labor:During the performance of this contract,the contractor shall not: a. discriminate against labor from any other State,possession,or territory of the United States(except for employment preference for Appalachian contracts,when applicable, as specified in Attachment A),or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole,supervised release, or probation. II. NONDISCRIMINATION • (Applicable to all Federal-aid construction contracts and to all related subcontracts of$10,000 or more.) 1. Equal Employment Opportunity:Equal employment opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws,executive orders,rules,regulations(28 CFR 35,29 CFR 1630 and 41 CFR 60)and orders of the Secretary of Labor as modified by the provisions prescribed herein,and imposed pursuant to 23 U.S:C.140 shall constitute the EEO and specific affirmative action • standards for the contractor's project activities under this contract.The Equal Opportunity Construction Contract Specifications set forth under 41,CFR 60-4.3 and the provisions of the American Disabilities Act of 1990(42 U.S.C.12101 et mg.)set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract.In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway-agency(SHA)and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract j b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed,and that employees are treated during employment, without regard to their race,religion,sex,color,national origin,age or disability.,Such action shall include:employment, upgrading, demotion,or transfer, recruitment or recruitment advertising;layoff or termination; rates of pay or other forms of compensation;and selection for training, including apprenticeship, preapprenticeship, and/or on-thie-job training." • 2 . ' 1 • • 2. EEO Officer:The contractor;will designate and make known to the SHA contracting-officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy:AU members of the contractor's staff who are authorized to hire, supervise,promote,and discharge employees,or who recommend such action,or who are substantially involved in such action,will be made fully cognizant of,and will implement,the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment!To ensure that the above agreement will be met,the following actions will be taken as a minimum: • a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months,at which time the contractor's',EEO policy and its implementation wilt be reviewed and explained.The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough _indoctrination by thei EEO Officer,covering all major aspects of the•contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and postersisetting forth the contractor's EEO policy will be placed in areas readily accessible to employees,applicants for employment and potential employees. • e. The contractor's EEO policy and the procedures to implement such policy will be broughttto the attention of employees by means of meetings,employee-handbooks, or other appropriate means. 4. Recruitment:When advertising for employees,the contractor will include in all advertisements•for employees the notation:"An Equal Opportunity Employer."All such advertisements will be placed in publications having a large circulation among minority groups in.the area from-which the project work force would normally be derived. a. The contractor will,unless precluded by a valid bargaining'agreement,conduct systematic and direct-recruitment through public and private employee referral sources likely to yield qualified minority group applicants.To meet this requirement, the contractorwill identify sources of potential minority group employees,and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals,he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions.(The DOL has held that where implementation of such agreements have 3 8 the effect of discriminating against minorities or;women,or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment.Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions:Wages;working conditions,and employee benefits shall be established and administered,and personnel actions of every type,including hiring,upgrading, promotion,transfer,demotion,layoff,and termination, shall be taken without regard to race, color, religion,sex,national origin,age or disability.The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.Where evidence is found,the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed,such corrective action shall include all.affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract,will attempt to resolve such complaints,and-will take appropriate corrective action within a reasonable time.If the investigation indicates that the discrimination may affect persons other than the complainant,such corrective action shall include such other persons.Upon completion of each investigation,the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating,qualifying,and increasing the skills of minority group and women employees,and applicants for employment. b. Consistent with the contractor's work force.-requirements and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e.,apprenticeship,and on-the-job training programs far the geographical area of contract performance.Where feasible,25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training.In the event a special provision for training is provided under this contract,this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. I 4 419 • d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions:-!f the contractor relies in whole or in part upon'unions as a.source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions,and to effect referrals by such unionsof minority and female employees.Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop,in cooperation with the unions,joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and worrien so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race,color, religion,sex,national origin,age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor,the contractor shall so certify.to the SHA and shall set forth what efforts have been made to obtain such information. d. in the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement,the contractor will,through Independent recruitment efforts, fill the employment vacancies without regard to race,color,religion,sex,national origin,age or disability;making full efforts to obtain qualified and/or qualifiable minority group persons and women.(The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.)in the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 1,1246,as amended,and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors,Procurement of Materials and Leasing of Equipment:The contractor shall not discriminate on the grounds of race,color,religion, sex, national origin, age or disability in the selection and retention of subcontractors,including procurement of materials and leases of equipment a. The contractor shall'notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises(DBE),as defined in 49 CFR 23,shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant Ito this contract.The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful 5 minority group and female representation among their employees,Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligators. 9. Records and Reports:The contractor shall keep such records as necessary to document compliance with the EEO requirements.Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA-and the FHWA. a. The records kept by the contractor shall document the following: 1. The number of minority and non-minority group members and women employed in each work classification on the project; 2; The progress and efforts being made in cooperation with unions,when applicable,to increase employment opportunities for minorities and women; 3. The progress and efforts being-made in locating,hiring,training,qualifying, and upgrading.minority and female employees;and 4. The progress and efforts being made in securing the services of OBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project,indicating the number of minority,women,and non-minority group employees currently engaged in each work classification required by the contract work.This information is to be reported.on Form FHWA-1391. If on-the-job training is being required by special provision,the contractor will be required to collect and report training data. Ill. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of$10,000 or more.) a. By submission of this bid,the execution of this contract or subcontract,or the consummation of this material supply agreement or purchase order,as appropriate,the bidder,Federal-aid construction contractor,subcontractor,material supplier,or vendor,as appropriate,certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments,and that the firm does not permit its employees to perform their services at any location,under its control,where segregated facilities are maintained.The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract.The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification,the term"segregated facilities"means any waiting rooms,work areas,restrooms and washrooms,restaurants and other, eating areas,timeclocks,locker rooms,and other storage or dressing areas, parking lots,drinking fountains,recreation or entertainment areas,transportation,and housing facilities provided for employees which are segregated by explicit directive,or are,in fact,segregated on the basis of race,color, 6 m43 religion,national origin,age or disability,because of habit, local custom,or otherwise.The only exception will be for the disabled when the demands for accessibility override(e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of$10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding$2,000 and to all related subcontracts,except for projects located on roadways classified as local roads or rural minor collectors,which are exempt.) • 1. General: • a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account[except such payroll deductions as are permitted by regulations(29 CFR 3)issued by the Secretary of Labor under the Copeland:Act(40 U.S.C.276c)J the full amounts of wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment.The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary oft Labor(hereinafter"the wage determination")which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors • and such laborers and mechanics.The wage determination(including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster(WH-1'321)or Form FHWA-1495)shall be posted at all times by the contractor and its subcontractors_at the site of the work in a prominent and accessible place where it can be easily seen by the.workers.I For the purpose of this Section,contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2)of. the Davis-Bacon Act(40 U.S.C.276a)on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of Section IV, paragraph 3b, hereof.Also,for the purpose of this Section,regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans,funds,or programs, which cover'the particular weekly period,are deemed to be constructively made or incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill,except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein,provided,that the employer's payroll records 446 accurately set forth the time spent in each classification in which work is performed. • c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract,which is not listed in the wage determination,shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification,wage rate and fringe benefits only when the following criteria have been met: 1. the work to tie performed by the additional classification requested is not • performed by a classification in the wage determination; 2: the additional classification,is utilized in the area by the construction industry; • 3. the proposed wage rate, including any bona tide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination;and I I 4. with respect to helpers,when such a classification prevails in the area in which the work is performed. • c. If the contractor or!subcontractors,as appropriate,the laborers and mechanics(if known)to be employed in the additional classification or their representatives,and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the DOL,Administrator of the Wage and Hour Division, Employment Standards Administration,Washington, D.C.20210.The Wage and Hour Administrator,or anauthoriized-representative, will approve,modify,or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors,as appropriate,the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits,where appropriate),the contracting officer shah refer the questions,including the views of all interested parties and the recommendation of the contracting officer,to the Wage and Hour Administrator for determination.Said Administrator,or an authorized representative,willl issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period 8 Me I• i that additional time is necessary. • e. The wage rate(including fringe benefits where appropriate)determined pursuant to paragraph 2c oil 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. • � I 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is;not expressed as an hourly rate,the contractor or subcontractors,as appropriate,shall"either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor,as appropriate,does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic'the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,provided,that the Secretary of Labor has found, upon the'written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met.The_Secretary of-Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees(Programs of the U.S.DOL)and Helpers: a. Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they•performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training,or with a State apprenticeship agency recognized by the Bureau,or if a person is employed in his/her-first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program;but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency(where appropriate)to be eligible for probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any employee listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above,shallbe paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed.In addition,any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.Where a contractor or subcontractor is performing construction on a project in a locality other than that in whichlits program is registered,the ratios and wage rates(expressed in percentageslof the journeyman-level hourly rate) 9 MO specified in the contractor's or subcontractor's registered program shall be observed. I 3. Every apprentice must be paid at not less than the rate specified in the registered program for theapprentice's level of progress,expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination.Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.If the apprenticeship program does not specify fringe benefits,apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. if the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination. 4. In the event the Bureau of Apprenticeship and Training,or a State apprenticeship agency recognized by the Bureau,withdraws approval of an apprenticeship program,the contractor or subcontractor will no longer be permitted:to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular;employees until an acceptable program is approved. b, Trainees: 1. Except as provided in 29 CFR 5.16,trainees will not be permitted to work at-less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval,evidenced by formal certification by the DOL,Employment and Training Administration. 2. The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3. Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress,expressed as a percentage of the journeyman- level hourly rate specified in the applicable wage determination.Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines thatlthere is an apprenticeship program associated with the corresponding journeyman 4levei wage rate on the wage determination which provides far less than full fringe benefits for apprentices,in which case such trainees shall receive the same fringe benefits as apprentices. 10 • I � 4. In the event the Employment and Training Administration withdraws approval of a training program,the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. • c. Helpers: • Helpers will be permitted to work on a project if the helper classification is specified and defined op the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section N.2.Any worker listed on a payroll at a helper wage rate,who is-not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees(Programs of the U.S.DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV.The-straight time hourly-wage rates for apprentices and trainees under such programs will be established by the particular programs.The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold,or cause to be withheld,from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor,or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor,as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,including apprentices,trainees, and helpers,employed by the contractor-or any subcontractor the full amount-of wages. required by the contract.In the event of failure to pay any laborer or mechanic,including any apprentice,trainee,or helper,employed or working on the site of the work, all or part of the wages required by the contract,the SHA contracting officer may,after written notice to the contractor,take such action es may be necessary to cause the suspension of any further payment,advance,or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor orsubcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics,watchmen,or guards(including apprentices,trainees,and helpers described in paragraphs 4 and 5 above)shall require or permit any laborer,mechani ,watchman,or guard in any workweek in which he/she is employed on such work,to work in excess of 40 hours in such workweek unless such laborer,mechanic,watchman,or guard receives compensation at a rate not less than one- and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 11 446 I • I • 8. Violation: Liability for Unpaid Wages;Liquidated Damages:In the event of any violation of the clause set forth in paragraph 7 above,the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages:Iiraddition,such contractor and subcontractor'shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,'to such District or to such territory) for liquidated damages.Such liquidated damages shall be computed with respect to each- individual laborer,mechanic),watchman,or guard employed in violation of the clause set forth in paragraph 7, in the sum of$10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold,or cause to be withheld,from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor,such,sums as may be determined to be necessary to•satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS • I (Applicable to all Federal-aid construction contracts exceeding$2,000 and to all related subcontracts,except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations(29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by-the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers,mechanics, apprentices,trainees,watchmen,helpers,and guards working at the site of the work. b. The payroll records shall contain the name,social security number,and address of each such employee; his or her correct classification;hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B)of the Davis Bacon Act);daily and weekly number of hours worked;deductions made;and actual wages paid.In addition,for Appalachian contracts,the payroll records shall contain a notation indicating whether the employee does,'or does not,normally reside in the 12 labor area as defined in Attachment A, paragraph 1.Whenever the Secretary of Labor, pursuant to Section IV,paragraph 3b,has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B)of the Davis Bacon Act,the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the • plan or program is financially responsible,that the plan or program has been communicated in writing to the laborers or mechanics affected,and show the cost anticipated or the actual cost incurred in providing benefits.Contractors or subcontractors employingapprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees,and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish,each week in which any contract work is performed,to the SHA resident engineer a payroll of wages paid each of its employees(including apprentices,trainees,and helpers,described in Section IV, paragraphs 4 and 5,'and watchmen and guards,engaged on work during the preceding weekly payroll period).The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V.This information may be submitted in any form desired.Optional Form WH-347 is available for-this purpose and may be purchased from the Superintendent of Documents(Federal stock number 029-005-0014-1),U.S. Government Printing'.Office,Washington,R.C.20402.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the .following: • 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; 2. that such laborer or mechanic(including each helper,apprentice,and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate,.either directly or indirectly,and that no deductions have been made either directly or indirectly from the full wages earned,other than permissible deductions as set forth in the Regulations,29 CFR3; 3. that each laborer;or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked • performed,as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance"required by paragraph 2d of this Section V. 13 4015 f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 19 U.S.C.1001 and 31 U.S.C.231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection,copying,or transcription by authorized representatives of the SHA,the FHWA,or the 17OL,and shall permit such representatives to interview employees during working hours on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the SHA,the FHWA,the DOL,or all may,after written notice to the contractor,sponsor,applicant,or owner,take such actions as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds. Furthermore,failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS,SUPPLIES,AND LABOR 1. On all Federal-aid contracts on the National Highway System,except those which provide solely for the installation of protective devices at railroad grade crossings,those which are constructed on a force account or direct labor basis, highway beautification contracts,and contracts for which the tote)final construction cost forjroadway and bridge is less than $1,000,000(23 CFR 635)the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47,"Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds,"prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work,and also of the quantities of those specific materials and supplies fisted on Form FHWA-47,and in the units shown on Form FHWA-47. c. furnish, upon the completion of the contract,to the SHA resident engineer on Form FHWA-47 together With the data required in paragraph lb relative to materials and supplies,a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option,either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items designated by the State.Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization(23 CFR 635). 14 Ai/3 a. "Its own organization"shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor,with or without oprators.Such term does not include employees or equipment of a subcontractor,assignee,or agent of the prime contractor. b. "Specialty Items"shall be construed to be limited to work that requires highly specialized knowledge,abilities,or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract • 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish(a)a competent superintendent or supervisor who is employed by the firm,has full authority.to direct performance of thie work in accordance with the contract requirements,and is in charge of all construction operations(regardless of who performs the work)and(b)such other of its own organizational resources(supervision, management,and engineering services)as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet,assigned or otherwise disposed of except with the • written consent of the SHA contracting officer,or authorized representative,and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it'contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY:ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State,and local laws governing safety, health, and sanitation(23 CFR 635).The contractor shall provide all safeguards,safety devices and protective equipment and take any other needed actions as it determines,or as the SHA contracting officer may determine,to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by •the contract. 2. It is a condition of this contract,and shall be made a condition of each subcontract,which the contractorenters into pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance of the contract,to work in surroundings or under conditions which are unsanitary,hazardous or dangerous to hisfher health or safety, as determined under construction safety and health standards(29 CFR 1926)promulgated by the Secretary of Labor,in accordance with Section 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.333). 15 • /h0 1 3. Pursuant to 29 CFR 1926,3, I it is a condition of this contract that the Secretary of Labor or authorized representative thereof,shall have right of entry to any site of contract performance to inspect or investigate the-matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the • _.. .-... _Contract-Work-Hours-and-Sal ety Standards Act(40'I�: :C:333}:_ _ — - __ _..- - -. - - .. _ _. _ . _ .. IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and,representations made by engineers, contractors, suppliers,and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully,thoroughly,and honestly as possible. Willful falsification,distortion,or misrepresentation with respect to any facts related to the project is a violation of Federal law.To prevent any misunderstanding regarding the seriousness of these and . similar acts,the following notice shall be posted on each Federal-aid highway project(23 CFR 635) in one or more places where it is readily available to all persons,concemed&with the project: • NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C.1020 reads as follows: "Whoever,being an officer, agent,or employee of the United States,or of any State or Territory, or whoever,whether a person,association,firm, or corporation, knowingly makes any false statement; false representation,or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or qualify of the work performed or to be performed, or the cost thereof • in connection with the submission of plans, maps, specifications,contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation;or Whoever knowingly makes any false statement; false representation, false report or false claim with respect to the character,quality, quantity,or cost of any work performed or to be performed, or materials furnished or to be furnished,in connection with the construction of any highway or related project approved by the Secretary of Transportation;or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate,or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat 355),as amended and supplemented; Shall be fined not more that$10,000 or imprisoned not more than 5 years or both." 16 fro ` � I I ' • X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of$100,000 or more.) By submission of this bid or the execution of this contract,or subcontract,as appropriate,the bidder, Federal-aid construction contractor,or subcontractor,as appropriate,will be deemed to have stipulated as-follows: 1. That any facility that is or will Ibe utilized in the performance of this contract, unless such contract is exempt under the,Clean Air Act,as amended(42 U.S.C. 1857 et s .,as amended by Pub.L.91-604),liand under the Federal Watereg Pollution Control Act,as amended(33 U.S.C. 1251 et!se .,as amended by Pub.L.92-500),Executive Order 11738, and regulations in implementation thereof(40 CFR 15)I'sis not listed,on the date of contract award,on the U.S.Environmental Protection Agency(EPA)List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm-agrees to comply and remain in compliance with all the requirements of Section 114 cf the Clean Air Act and section 308 of the Federal Water Pollution-Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of'any communication from the Director, Office of Federal Activities,EPA,indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X ink every nonexempt subcontract,and further agrees to take such action as the government may direct as a means of enforcing such requirements. Xi. CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification-Primary Covered Transactions: (Applicable to all Federal-aidIcontracts-49 CFR 29) . . a. By signing and submitting-this proposal,the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction.The prospective participant shall submit an explanation of why itIcannot provide the certification set out below.The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However,failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 17 Me c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for causejof default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant teams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms"covered transaction,""debarred,""suspended,""ineligible,""lower tier covered transaction,'i"participant,""person,""primary covered transaction," "principal,""proposal!"and"voluntarily excluded,"as used In this clause,have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that,should the proposed covered transaction be entered into, it shall not-knowingly enter into any lower tier covered transaction with a person who is debarred,suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled"Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"provided by the department or agency entering into this covered transaction,without modification, in all lower tier covered transactions and in all-solicitations for lower tier covered transactions. h. A participant in a covered transaction may-rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended, ineligible,or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant may decide the method-and frequency by which it determines the eligibility of its principals,Each participant may,but is not required to,check the nonprocurement portion of the"Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs"(Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person In the ordinary course of business dealings. I 18 /10 j. Except for transactions authorized under paragraph f of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered ' transaction with a person who is suspended,debarred, ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause:or default. ***** Certification Regarding Debarment,Suspension.Ineligibility and Voluntary Exclusion- -Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: a. Are not presently debarred,suspended, proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal, State or local)transaction or contract under a.public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery, falsification or destruction of records,making false statements,or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph lb of this certification;and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions(Federal, State or local)terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification-Lower Tier Covered Transactions: (Applicable to all subcontracts,purchase orders and other lower tier transactions of$25,000 or more-49 CFR 29) a. By signing and submitting this proposal,the prospective lower tier is providing the certification set out below. 19 M6 b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective;ewer tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department,or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms"covered transaction, "debarred,""suspended,""ineligible, "primary covered transaction,'I"participant,""person,""principal,""proposal,"and"voluntarily excluded,"as used in this clause,have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.You may contact the person to which this proposal Is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by,submitting this proposal that,should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended, declared ineligible,or voluntarily excluded fromparticipation in this covered transaction,unless authorized by the department or agency with which this transaction originated. f. The prospective Iower tier participant further agrees by submitting this proposal that it will include this clause titled"Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a loweri tier covered transaction that is not debarred, suspended, ineligible,or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the eligibility of its principals.Each participant may,but is not required to,check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in corder to render in good faith the certification required by this clause.The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I � 20 i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred, ineligible,-or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including-suspension and/or debarment. Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shalt-attach an explanation to this proposal. k k•k k XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000-49 CFR 20) 1. The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a. No Federal appropriated funds have been paid or will be paid, by oron behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation,renewel,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Repot Lobbying,"in accordance with its instructions. 21 I ' I , 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. - .- ... -•-- • -• -• -.- •3. • The-prospective-participant•als -agrees••by-submifEing.his or her bid•or•proposal•thathe-or-she- • shall require that the language of this certification be included in all lower tier subcontracts, which exceed$100,000 and that all such recipients shall certify and disclose accordingly. . I 22 Aie ` � I I I ATTACHMENT A-EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 1. During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as bra-site work,shall give preference to qualified persrims Viihd regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion, or the Appalachian counties of the State wherein the contract work is situated,except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph'lc shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 2. The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers;mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which he estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form.The job order may be.placed with the State Employment Service in writing or by telephone.If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service.The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. 4. If,within 1 week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records.Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph 1c above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be,done as on-site work. 23 AMENDMENT REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) Section I,General, is supplemented with the following: 7. Section 902 of the American Recovery and Reinvestment Act(ARRA)of 2009 requires that each contract awarded using ARRA funds must include a_provision that provides the U.S. Comptroller General and his representatives with the authority to: "(1)to examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract,that directly pertain to,and involve transactions relating to,the contract or subcontract;and (2)to interview any officer or employee of the contractor or any of its subcontractors, or of any State or local government agency administering the contract,regarding such transactions.' The Contractor shall include the following provision in all contracts,subcontracts,and other contracts for services for an ARRA funded project "Accordingly,the Comptroller General and his representatives shall have the authority and rights as provided under Section 902 of the ARRA with respect to this contract,which is funded with funds made available under the ARRA. Section 902 further states that nothing in this section shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General.' "Section 1515(a)of the ARRA provides authority for any representatives of the Inspector General to examine any records or interview any employee or officers working on this contract. The contractor is advised that representatives of the inspector general have the authority to examine any record and interview any employee or officer of the'contractor,its subcontractors or other firms working on this contract. Section 1515(b)further provides that nothing in this section shall be interpreted to limit or restrict in any way any existing authority of an inspector general." Under Section II, Paragraph 8b is revised as follows: The reference to 49 CFR 23 is revised to read 49 CFR 26. Under Section-II, Paragraph 8b is supplemented with the following: The contractor,sub-recipient or subcontractor shall not discriminate on the basis of race, color,national origin,or sex in the performance of this contract.The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts.Failure by the contractor to carry out these requirements is a material breach of this contract,which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Amendment to Foam FHWA 1273 Revised March 26,2009 Md • Under Section II, in accordance with standard specification 1-08.1(1)and applicable RCWs a new paragraph 8d is added as follows: The contractor or subcontractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract and/or agreementIno later than ten(10)days from -• - • •- -. • - the-receipt-ofeach-payment-the-prime-contractor•-receives-from•WSDOT or-its-sub-recipients: --- ---• - - - • The prime contractor agrees further to return retainage payments to each subcontractor within ten(10)days after the subcontractors work is satisfactorily completed.Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the WSDOT.This clause covers both.DBE and non-DBE contractors. Under Section IV,the applicability statement is supplemented with the following: (Applicable to all ARRA funded construction contracts and related subcontracts regardless of location, including projects on local roads or rural minor collectors,and Transportation Enhancement projects outside the highway right-of-way.) Under Section IV,Paragraph 2b(4)is deleted. Under Section IV,Paragraph 4,"and ielpers"is deleted from the title. Under Section IV, Paragraph 4a(1),add: The provisions in this section allowing apprentices tv work at less than the-predetermined rate when they are registered in a bona fide apprenticeship program registered with the U.S. Department of Labor,Employment and Training Administration,or with the Bureau of Apprenticeship and Training,doed not preclude a requirement for the Contractor to pay apprentices the full applicable predetermined rate in the event a State Apprenticeship Agency, recognized by the Bureau, has not approved,or withdraws approval,of an apprenticeship program. Under Section IV,Paragraph 4c is deleted. Under Section IV,Paragraph 6 is revised by deleting"helpers"and"helper". Under Section IV,Paragraph 7 is revised by deleting"helpers": Under Section V,the applicability statement is supplemented with the following: (Applicable to all ARRA funded construction contracts and related subcontracts regardless of location,including projects on local roads or rural minor collectors,and Transportation Enhancement projects outside-the;highway right-of-way.) Under Section V,Paragraph 2a.is revised by deleting"helpers". � I Amendment to Form FHWA 1273 Revised March 26,2009 2 '4' Under Section V,Paragraph 2b,the first sentence is revised to read: "The payroll records shall contain the name and an individually identifying number(e.g.,the last four digits of the employees social security number)for each such employee;his or her _ ... . _ __ correct•classification;.houriy rates.of-wages paid.(including rates of contributions or costs • - - anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B)of the Davis Bacon Act);daily and weekly number of hours worked; deductions made;and actual wages paid. Payrolls shall not include the full social security number and home address of covered workers. Contractors and subcontractors shall maintain the full social security number and home address of each covered worker and shall provide them to the SETA upon request." Under Section V, Paragraph 2d(2)is revised by deleting"helper". Section VI,Records Of Material,Supplies,And Labor, is deleted Amendment to Form FHWA 1273 Revised March 26,2009 3 ATTACHMENT C I j . I /K6 I � I I 4 STATE OF F1,0/A DEPARTMENT OF TRANSPORrATtON 275.02143 NOTIFICATION TO FOOT OF EEO OFFICER EQUAL OPPORTUNITY Mail signed original to: FOOT Equal Opportunity Office, 605 Suwannee Street-MS 66, Tallahassee,Ft 32399-0450 1 Section 1: 'COMPANY IDENTIFICATION 1. Contractor Name: I 2..F5ID No.: 2 5 -I/6 0 7 E 0 0 3. Home Office Mailing Address:(Street) I 4 Homo Office MallingAddress:(city,State,Zip)) Sy3o ('• 7Y1ON QutNdt I 74m1mP/J , x'Gi 33611 S.Main Phone Number: I 6.Fax Number: $/3 z5y q!z7 8/3 259 41751! 1, What Is being Initial EEO Officer Notice to FOOT I New Person Ap Inted A Dinlee Chan ed Name Contact Data Chan;ed Changed? (]Yes No 1❑Yes No Yes No Yes No Section 2: EEO OFFICER IDENTIFICATION I 0. Name of EEO Officer:(first name, middle Initial,last name) 9.EEO Officer's Working Title: tN i ! t o 72'C, n ,, I • a it i 1.er 10. Work Address of EEO O'icor:(Street) I 11. Work Address of EEO Ulcer:(city,state,zip) W.34 W• Ty S a rr/¢tar1661'• I -am Ott Pei. Q.EEO Officer Phone Number: I 13. EEO Officer Fax Number: 13 - s 14. EEO Officer email address: 1 1 W f 1.c,Y obc 11 ILA (1r}'l.<r'i'c-u•tl brie((�• r7z 1 Section 3: SIGNATURE OF CORPORATE OFFICIAL As required in the Equal Employment Opportunity Special Provisions included in Federally Funded Highway Construction Contracts andl as required in the Equal Employment Opportunity Requirements included In all State funded highway construction contracts, this official notice of EEO Officer appointment (and/or update) is made to the Florida Department of Transportation and the U.S.Federal Highway Administration(FiIWA). I understand that additional Information regarding the EEO Officer,the EEO Policy and other aspects of the construction contract compliance program may be found in the EEO Construction Contract Compliance Workbook. is.Appointing olfdal's Signature: i IS.Data:(Mo.DaylYr.) 17.Olielafa Name:ipprinled) iS.Official's Title:(printed) s A �r re 1 1 / (This Section For FOOT Use)Section 4: Processing of Notification 19. Processed by.(First and Lest Name) 20.Dale Processed:(moldayyr) DISTRIBUTION: Original to FOOT Central EO Circe Sias Copy:Me d to Ccetraclar UPDATE ACTION: inout In FOR System I ma • 275021-13 EQUALOPPORTUNrTY 01107 State of Florida Department of Transportation EEO Officer Notification' This form is used by contractors to communicate the appointmentl of an EEO Officer and to,provide EEO Officer Contact data. The form is also used to update that information in the event of new appointees, name changes or contact data changes. Refer to the EEO. Construction Contract • Compliance Workbook and the FDOT contract for compliance program requirements and instructions. The contractor mails original of the-completed form to• FDOT Equal Opportunity Office 605 Suwannee Street-MS 65- Tallahassee•, Fl32399-0450. A copy of the form is returned to the contractor upon completion of processing by FDOT General: Complete all boxes each time this form'is submitted Section 1: Proiect.identification• Box 1 Contractor Name—The name of the•contractor. Box 2 FEID No. —The contractor's Federal Identification Number . Box 3 Home Office Mailing Address (Street) — The contractor's home ofrice street address; if the business' home office is outside of Florida,indicate'the address of the Florida- Home Office.. Box 4- Home Office Mailing.Address (City, State,Zip)—The contractor's home office city, state and zip code; if the business' home office is outside of FIbridai indicate the address of • . the Florida Home Office. Box 5 Main Phone No.-Area code and phone-number•contractor's main business phone Box 6 Fax.Number ber No.—Area code-and'phone number contractor's main fax Box.7 What is Being Changed? . Mark 'Yes' or 'No" •to indicate if this is the•company's'. • initial submission of EEO Officer information; If a new person has been appointed as EEO Officer, If the appointee of record had'a name change,and if the appointee's contact data is being updated. . Section 2:EEO.Officer Identification. • Box'8 Name.of EEO Officer—.First name, middle initial and last name of EEO Officer Box.9 EEO Officer's Working Title.—Job title if the EEO'.Officer has other duties(e.g. Treasurer,Manager of Contract Services,etc) Box 10 Work Address of EEO Officer(Street)—Address of EEO Officer's office Box 11 Work Address of EEO Officer(City,State,Zip)-Address of EEO Officer's office.. Box 12 EEO Officer Phone Number-II Area code and phone number for EEO Officer Box 13.EE0 Officer Fax Number—Area code and fax number for EEO Officer. Box 14 EEO Officer email address—EEO Officer Email address Section 3:Signature of Corporate Official Box 15 Appointing Official's Signature—Signature of Company Official responsible for EEO Officer Appointment Box 16 Date(MoiDayiYear)—Date appointing official signs this Notification form • Box 17 Official's Name (printed)—Printed first name and last name of person signing Box • 15 • . Box 18 Official's Title(printed)—Printed title of person signing! Box 15(e.g. President, CEO, etc) - - • Section 4: Processing of Notification This section is completed by FDOT• Box 19 Processed by'—First•and last name of person processing.the Notification Box 20 Date Processed—Date processing is completed • ' I STATE OF FLORIDA OEPARTIEENTOFTRANSPORTATION 275421.s' RECORD OF SUPERVISORY APID OFFICE PERSONNEL EOUALOPPORrUNITY MET EEO IVIEETINb OR INDIVIDUAL ORIENTATION I. COMPANY NAME: • 2. DATE OF MEETING(M1DIY): • 3.• FEID#OR FOOT VENDOR ft: 4. NAME OF EEO OFFICER:. j 5. CHECK TYPE OF MEETING: 6. ADDRESS WHERE MEETING HELD: ❑.INDIVIDUAL ORIENTATION 0 EEO MEETING • 7. EEO OFFICER'S CERTIFICATION: The signature of this Company's EEO Officer'is certification that an individual orientation or meeting was held with supervisory personnel and others involved in personnel matters to address all aspects of our equal employment opportunity (EEO)obligations. The major topics were addressed and a sigmed,attendance record was made. SIGNATURE: • ,EEO OFFICER • I 8. MAJOR TOPICS ADDRESSED: ✓EEO Policy and Affirmative Action Plan ✓Bulletin Boards • ✓Identification of EEO Officer ✓Interviews by State and Federal representatives • ✓Equal Employment Opportunity and recruitment ✓Training opportunities Wages and Payrolls ✓Complaints ✓Utilization of Disadvantaged Businesses • -9. ATTENDEES: • PRINTED NAME AND TITLEL SIGNATURE • • • • • • • • . • • • • • • • �— ATTiACHADDITIONAL PAGES IF NECESSARY /vf 9 ATTACHMENT D I . • � I I I � 414 • General Decision Number:FL 130200 01/04/2013 FL200 Superseded General Decision Number:FL20120200 State: Florida Construction Type:-.Highway Counties: Glades,Hardee,Hendry and Monroe Co unties in Florida. HIGHWAY CONSTRUCTION-PROJECTS Modification Number Publication Date 0 01/04/2013 SUFL2009-196 08/05/2009 Rates Fringes CARPENTER, Including Formwork....$ 11.97 0.00 CEMENT MASON/CONCRETE FINISHER...$ 10.05 0.00 LABORER: Asphalt Raker $ 9.75 2.19 LABORER: Common or General $ 9.94 j 0.00 LABORER: Flagger $ 9.43 0.00 LABORER Pipelayer $ 8.33 0.00 OPERATOR: Backhoe/Excavator $ 10.42 ; 0.00 OPERATOR: Bulldozer $ 11.69 0..00 OPERATOR: Distributor $ 10.38 0.00 OPERATOR: Grader/Blade $ 13.78 0.00 OPERATOR: Loader $ 10.33 0.00 OPERATOR: Milling Machine $ 10.08 0.00 OPERATOR: Oiler $ 9.58 0.00, OPERATOR: Paver $ 11.59 2.10 OPERATOR: Roller $ 10.23 0.00 OPERATOR: Screed $ 11.70 0.00 MS file)//U1/...20A/Front%20End%20Specifications/Attachments%20to%20form%2000500/Davis%20%20Bacon%26Wage%20Determination.txt[5/7/2013 8:46:16 AM] OPERATOR: Tractor $ 8.15 0.00 TRUCK DRIVER: 4 Axle Truck $ 11.18 1.60 • TRUCK DRIVER: Lowboy Truck $ 11.86 0.00 TRUCK DRIVER:Dump Truck $i 7:00 0.00 WELDERS-Receive rate prescribed for craft performing operation to which welding is incidental. _ f 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) (I)(ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the • cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of"identifiers"that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted Iines beginning with characters other than"SU" denotes that the union classification and rate have found to be prevailing for that classification.Example: PLUM0198-005-07/01/2011. The first four letters ,PLUM, indicate the international union and the four-digit number,0198,that follows indicates the local union number or district council number where applicable,i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date,07/01/2011,following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1,2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999:weighted union wage rates will be published annually each January. me file:///U(/...20A/Front%20End%20Specifeations/Attaclunents%20to%20form%2000500/Davis%20%20Bacon%20Wage%20Determination.bctr5/7/2013 8:46:16 AM] Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates;however,the data used in computing these rates may ' " inclucie'6otfi union and riot)=union data: Examp[e:"SULA�004=007- : 5/13/2010.SU indicates the rates are not union majority rates, LA indicates the State of Louisiana;2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010,indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. 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 aiposition on • a wage determination matter * a conformance(additional classification and rate)ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory,then the process described in 2.) and 3.)should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S.Department of Labor 200 Constitution Avenue,N.W. Washington,DC 20210 2.)If the answer to the question in 1.) is yes,then,an interested party(those affected by the action) can request review and reconsideration from the Wage and Hour Administrator MSS file)/N1/...20A/Front%20End%20Specifications/Attachments%20to%Pform%2000500/Davis%20%20Bacon%20Wage%20Determination.txt[5/7/2oi3 8:46:I6 AM] (See 29 CFR Part 1.8 and 29 CFR Part 7).Write to: Wage and Hour Administrator U.S.Department of Labor 200 Constitution Avenue,N.W. . Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information(wage payment data,project description, area practice material, etc.)that the requestor considers relevant to the isi ue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board(formerly the Wage Appeals Board). Write to: Administrative Review Board U.S.Department of Labor 200 Constitution Avenue,N.W. Washington, DC 20210 1 4.)All decisions by the Administrative Review Board are final. END OF GENERAL DECISION • I I fileJNU1/...20A/Front%20End%20Specifications/Attachments%20to%20form%2000500/Davis%20%208acon%20Wage%20Determination txt[5/7/2013 8:46:16 AM] I i • I • Old SR 940 Leg A(Watson Bridge)Repair INSURANCE AGENTS STATEMENT I ' I have reviewed the above requirements with the bidder named below: The following deductibles apply to the corresponding policy. POLICY DEDU(JL'1BLES Workers Compensation/EL $250,000 Each 'Accident/Person • General Liability $ 50,000 Each Occurrence Vehicle Liability $ 0 Liability policies are X Occurrence I Claims Made Aon Risk Services Central, Inc. Insurance Agency I Signature Barbara L. Rutter, Assistant Vice President BIDDER'S STATEMENT I understand the insurance that will be mandatory if'awarded the contract and wiI comply in full with all the requirements. I • AMEKICAN Bg.1DG>= CoMPANy I MAR1~ BELL ICE PR IDENT Bidder 'Signature I I 4/29/2013 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-6 I I • I I I ' Old SR 940 Leg•A•(Watson Bridle)Repair _ ••.!'i • Bidder's Insurance.Statement The Insurance requirements are set forth.in Section 00900 of the project manual as follows: Insurance i equirement . Praha • Worker's Compensation Statutory Limits Employer's Liability WC3 $1,000,000/$1,000,000/$1,000,000 WCUSLH Same as Employers Liability WCJA Same as Employers Liability General Liability GL3 $500,000 per person;$1,000,000 Per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit GLXCU *Required Endorsement Underground,Explosion and Collapse • Vehicle Liability VL2 $200,000 per person;$300,000 per occurrence (Owned,hired and $200,000 Property Damage Non-owned Vehicles) or $300,000 Combined Limit I understand the insurance that will be mandatory if awarded the contract and will comply in full with all these requirements. All insurers shall have an A.M.Best rating of VI or better and shall be licensed to do business in the state of Florida. American Bridge Company Mark ell, ice re ident June 19,2013 Name of Business Signature Date - I /14$ 4/29/2013 BID PROPOSAL 00110-11 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-D10.40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 02109 Pogo 1 FPN:430193-1 Fund: FLAIR Approp: Federal No: JO 04- too+ Org Code: I FLAIR Obj: FPN: Fund:I I FLAIR Approp: Federal No: Org Code: ! FLAIR Obj: FPN: Fund:I ! FLAIR Approp: Federal No: Org Code: I FLAIR Obj: FPN: Fund: I FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No: YO Contract No: A $ E .31 Vendor No:V'F 976 coo 7y'y Ii., Data Universal Number System (DUNS)No: 80.939-7102 Catalog of Federal Domestic Assistance(CFDA);:. 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this.? gt) day of ,209 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agenc f the State of Florida, hereinafter called the Department,and Monroe County hereinafter called the Agency. WITNESSETH: WHEREAS,the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes,to enter into this Agreement; { NOW,THEREFORE, in consideration of the mutual covenants, promises and representations herein; the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Old SR 940 Leg A Bridge Repair Project and as further described in Exhibit"A"attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s)A&B are attached and made a part hereof. 2.01 General Requirements:_ The Agency shall complete the project as described in Exhibit."A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures„ guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein] Time is of the essence:as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms,conditions, and specifications of this Agreement shall be in charge of each project. Removal of Any Un billed Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of State appropriation authority(which may include both federal funds and state funds, if any state funds are on the project), .. Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP projects. . STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 02/09 Page 2 I i I i Removal of All Funds 1 If all funds are removed from the project, including amounts previously'billed to the Department and reimbursed to the Agency, and the project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Local.Agencyi No state funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before October 1, 2013. If the Agency does not complete the project within this time period, this Agreement will expire on the last day of:the scheduled completion as provided in this paragraph unless!an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this. Agreement Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the-expiration date of this Agreement will not be reimbursed by the Department. 2.03.Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe,)assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law,"all actions,necessary with respect to any such matters so requisite.. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal-aid requirements,to enable the Agency to provide the necessary funds for completion of the project. 2.05 Submission of Proceedings, Contracts, land Other.Documents: The.Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration(FHWA)may require. 3.00 Project Cost 3.01 Total Cost: The total cost of the project is$ 860.760. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses Wit excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit"B." This amount includes federal-aid funds which are limited to the actual amount of federal- aid participation. . I 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications; contracts or other obligating documents and all other terms of this Agreement;and j d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of$25,000 and has a term for a period of more _ than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: • a i STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010.40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT02/09 Page 3 contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000. and which have a term for a period of more than 1 year. 3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice- to-Proceed from the Department. . 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined;to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total: For any amounts determined to be ineligible for federal reimbursement for which the.Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate.and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and.shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency.. if revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained until all litigation,claims or audit findings involving the records.have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the.Department shall not be considered eligible costs. i 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. t 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010•40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 0009 I Page 4 The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by the Department,as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, as revised(see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined.by OMB CircularIA-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply, and cooperate fully with any_ monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the. Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the FDOTs Office of Inspector General (OiG), and the Chief Financial Officer(CFO)or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds (i.e., state, ;local government or non-profit organizations as defined in OMB Circular A-133,as revised)are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "1" of this Agreement indicates federal resources awarded through.the Department by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department: The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the-Auditor General in accordance with the provisions OMB Circular A-133, as revised,will meet the requirements of this part. . 2. In connection with the audit requirements addressed- in Fait I, paragraph 1 the. recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised. 3. If the recipient expends less than $500,000 in federal awards in'its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133,as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the'provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e.j the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year,and name of the awarding federal agency. Part II - State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (I), Florida Statutes)are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by thislAgreement. .In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department,other state agencies, and other non-state entities. State financial assistance does not include federal direct or pass-through awards and resources received by a non-state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. I I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 02/09 Page 5 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance(CSFA)title and number, award number and year, and name of the state agency awarding it. Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV-Report Submission: 1. Copies of financial reporting packages far audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of thisAgreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Mr. Daniel Iglesias, P.E. Senior Project Manager Florida Department of Transportation 1000 111`h Avenue Room 6251 Miami, Florida 33172 b) The Federal Audit Clearinghouse designated in OMB Circular A-133,.as revised (the.number of copies required by Sections.320(d)(1)and (2),OMB Circular A-133, as revised),at the following address: Federal Audit Clearinghouse . Bureau of the Census 1201 East 10th Street . Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of.Expenditures of Federal Awards directly,to each of the following: Mr. Daniel Iglesias, P.E. Senior Project.Manager Florida Department of Transportation 1000 111 th Avenue Room 6251 Miami, Florida 33172 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 010-40 LOCAL AGENCY PROGRAM AGREEMENT. PRODUCTION SUPPORT Pape 6 . . financial reporting package described in:Section .320 (c), OMB Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: Mr. Daniel Iglesias, P.E. � Senior Project Manager Florida Department of Transportation 1000 111th Avenue Room 6251 Miami, Florida 33172 3. Copies of the financial reporting package required.by Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): (Mr. Daniel Iglesias, P.E. Senior Project Manager Florida Department of Transportation 1000 111th Avenue Room 6251 Miami, Florida 33172 b) The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee,Florida 32399-1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: . • a) The.Department at each of the following address(es): . ' Mr. Daniel Iglesias, P.E. Senior Project Manager Florida Department of Transportation 1000 111th Avenue Room 6251 Miami,Florida 33172 i 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or. 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General,as applicable. 6. Recipients, when submitting financial reporting packages to the'Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V- Record.Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee,_the.state,CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing 'by the Department. 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWAto inspect all work,workmanship, materials, payrolls, and records and to audit the books, records,and accounts pertaining,to,the financing and development of the project. _ . STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 02/09 Page 7 The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to.allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119,Florida Statutes, and made or received in conjunction with this Agreement(Section 287.058(1) (c), Florida Statutes). 5.06 Uniform Relocation Assistance and Real.Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and,post-audit thereof(Section 287.058(1)(a), Florida Statutes). All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3-`Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If,after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement,the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to.the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in'amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02.Litigation:. There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project,the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement: 7.06 Federal Participation:. The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are no provided for in the latest approved schedule of funding in Exhibit"Be for the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice time lines, and costs attributable to gooids or services received under a contract or other arrangements which have not been approved in writing by the Departmert. A u STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 02109 Page 8 I i 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120-day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. (a) If the Department determines that the performance of the Agency is not satisfactory,the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency,be corrected within thirty(30)days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time perioid,the Department may either(1) immediately terminate the Agreement as set forth in paragraph 8.(b)below, or(2)take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement,the Agency shall, upon demand,promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. (b) If the Department terminates the Agreement, the Department shall Inotify the.Agency of such:termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. . (c) If the Agreement is terminated before the project is completed,the Agency shall be paid only for the percentage of the project,satisfactorily performed for which costs can be substantiated.-j Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress will become the property of the Department and will be turned over promptly by the Agency: 8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of:the following:. (a) necessary;action to terminate or suspend,as the case may be,project activities and contracts and such other action as may be required or desirable to keep;to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments_thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants: Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants'Competitive Negotiation Act. 10.00.Disadvantaged Business.Enterprise(DBE) Policy and Obligation: It is the policy of the Department that OBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts r STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.01040 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT Page 9 financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations-to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors'shall not discriminate on the basis of race,color, national origin or sex in the award and_performance of contracts, entered pursuant to this Agreement. Furthermore, the Agency agrees that: (a)Each financial assistance agreement signed with a US-DOT operating administration(or a primary recipient) must include the following assurance: 1 "The recipient shall not discriminate on the basis of race; color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration;of its DBE program or the requirements of 49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to. ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases,refer the matter for enforcement under 18 Ul.S.C.. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 et iseq.)" j (b)Each contract signed with a contractor(and each subcontract the prime contractor signs with a subcontractor)must include the following assurance: The contractor,subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract.' The contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate:' 11.00 Compliance with Conditions and Laws:; The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal,state, and local laws and regulations applicable to this project; Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors,to comply with,all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification;Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions,"in 49 C.F.R:Part 29,when applicable. 12.00 Restrictions, Prohibitions,Controls,and Labor Provisions: 12.01 Equal Employment Opportunity: in connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to'ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to,the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship..The Agency shall,insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontract's for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work,notices'to be provided by the Department setting forth the'provisions of the nondiscrimination clause: 12.02 Title VI —Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title.VI of the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 09/09 Page 10 Civil Rights Actof 1964, the regulations of the,U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964,49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990(ADA): The Agency will comply with all the requirements as imposed by the ADA,the regulations of the Federal government issued thereunder,and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An entity or affiliate who has had its.Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency,the Agency, with prior approval of the Department,'may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract,subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts,the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest,director indirect, in this contract or the proceeds thereof.° The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with an the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any 1 � i - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.01040 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 02/09 Page 11 I i individual or entity not a party to this Agreement 13.03 When Rights and Remedies Not Waived: In no event shall the',making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by'The Department,while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held invalid:1 If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance,the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also. agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in theAgreement shall require the Agency to observe or enforce compliance with any provision. or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law,. the Agency will at once; notify the. Department in writing in order that appropriate changes and modif€cations may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the.project. 13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval:all appropriate plans and specifications. covering the project. The Department will review all plans and specifications and will: issue to the Agency a written approval with any approved portions, of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Departments satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA- 1273 in all its contracts and subcontracts.. 13.08 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project,!including those projects for which no right-of-way is required. 13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in accordance with applicable plans and,specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose: 13.10 Agreement Format: All words used herein in the singular'form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular: API words used in any gender shall extend to and include all genders. 13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.12 Restrictions on Lobbying: Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid-by or on behalf of the Agency, to any person for influencing or attempting to influence any officer orr employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member.of Congress in connection with the awarding of any federal contract,the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, 'amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 02/09 Page 12 Congress or an employee of a Member of Congress in connection with,this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (Including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. - State: No funds received pursuant to this contract may be expended for lobbying the.Legislature, the judicial branch or a state agency. 13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs. any improvement on Department right-of-way, the.Agency 0 will ❑ will not maintain the improvements made for their useful life. 13.14 Vendors Rights: • Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for'payment(voucher)to the.Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the'goods or services are received, inspected, and approved. If a-payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less-than one$1 will not be enforced unless , the Agency requests payment. Invoices which lave to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements:do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-413-5516 or by calling the State Comptroller's Hotline, 877-693-5236. 13.15.Reimbursement of Federal Funds: The Agency shall comply with all applicable federal guidelines, procedures,and regulations. if at any time a review conducted by FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds,the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. Federal Economic Stimulus awards do not exempt the Agency from adherence to federal guidelines, procedures,and regulations. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52S•010.40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT O2i09 Page 13 IN WITNESS WHEREOF,the parties have caused these presents to be executed the day and year first above written. AGENCY Mon',- /.un Florida STATE OF F DE ENT OF TRANSPORTATION By: By: Na =: Hee er arruthers Nam . Harold A,Madams,P.E. Ti _: May Title. mitt Director of Transportation Det+e�P r n Attest: .�fr°}:, Attest: J'ifle"` Title: far : 4 S y'S:it9 {i j y .5 As to forri, 4 ' EPA! maw -C,edi4►f Legal Review: ''fig=� .�`.'r;'aoss��'° �' I �---...>••„`•",,. ektMeiftett- luo 1 I N' Attorney-Ass f.C Antic At nce� Office of the General Counsel See attached Encumbrance Form for date of funding approval by Comptroller. I ; STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010.40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT Delos Page EXHIBIT"A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 430193-1 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Monroe County Dated PROJECT LOCATION: The project is X is not on the National Highway System. The project is X is not on the State Highway System. PROJECT DESCRIPTION: The project will consist of engineering design, permitting and construction of repairs to Bridge#904310 Old SR 940 Leg A bridge. The work will include demolishing and replacing some or all of the deck, repairing concrete abutments and retaining walls and performing repairs to the bank protection.Metal guardrails and the bridge railing will be upgraded to meet current FDOT design standards. Construction engineering and inspection services are also included in the scope of the project costs. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by b) Design to be completed by June 30, 2012 c) Right-of-Way requirements identified and provided to the Department by d) Right-of-Way to be certified by June 30, 2012. e) Construction contract to be let by September 1, 2012. f) Construction to be completed by June 30. 2013. If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. i 1 SPECIAL CONSIDERATIONS BY DEPARTMENT: I � • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010440 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT oeroe Page EXHIBIT"B" SCHEDULE OF FUNDING, Monroe County FPN: 430193.1 do Engineering Department 1100 Simonton Street Key West,Florida 33040 PROJECT DESCRIPTION 'Name: Old SR 940 Leg A,Bridge#904310 Length: 28 ft Termini: FUNDING (1) (2) (3) TOTAL STATE& TYPE OF WORK By Fiscal.Year PROJECT FUNDS FUN SY FEDERAL FUNDS Planning 2011-2012 2012-2013 2013-2014 Total Planning Cost Project Development&Environment(PD&E) 2011-2012 2012-2013 2013-2014 Total PD&E Cost Design 2011-2012 99,000 99,000 2012-2013 2013-2014 Total Design Cost 99,000 99,000 Right-of-Way 2011-2012 2012-2013 2013-2014 Total Right-of-Way Cost Construction 2011-2012 2012-2013 662.400 662.400 2013-2014 Total Construction Cost 662,400 662,400 Construction Engineering and Inspection(CEI) 2011-2012 99.360 99,360 2012-2013 2013-2014 Total CEI Cost 99,360 99,360 761,760 Total Construction and CEI Costs ; 761,760 TOTAL COST OF THE PROJECT 860,760 860.760 The Department's fiscal year begins on July 1. For this project,funds are notlproJected to be available until after the 1st of July of each fiscal year.The Department will notify the Agency,in writing,when funds are available. I i Perez, Sarah To: Reyna,Alfredo Subject: FW: Contract AQE31 -Monroe County - FM 430193-1-38-01 FAP 00B6-001 -Old. SR94/Leg A Bridge i FYI... From: Perez, Sarah Sent: Friday;August 26, 2011 9:27 AM To: Benitez, Hong; Iglesias, Danny. Cc: Cann, Leigh; Medico, Peter J.; Alvarez,Teresita; Desdunes, Harold; Alvarez, Ana; Caminiti,Gina; Glass Johnson, Linda; Martin, Michele Subject: Contract AQE31 - Monroe County- FM 430193-1-38-01 FAP 00136-001 Old SR94/Leg A Bridge Please be advised that contract AQE31 with Monroe County has been approved. Proceed to have the contract sign by legal/director and provide a copy to this Office To execute the contract in CFM. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #AQE31.. Contract Type: AK 1 Method of Procurement: G Vendor Name: MONROE COUNTY Vendor. ID: VF596000749114 Beginning date, of this Agmt: 08/16/11 Ending date of this Agmt: 10/01/13 I Contract Total/Budgetary Ceiling: be = $860,760.00 **********************: ************************************************* Description: Old SR 940/LEG A, Bridge# 904310 rehabilitation LAP Agreement with Monroe County ********************************************************* ************** ORG-CODE . *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY I *CATEGORY/CAT! YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(65)%STATUS. ************************************** ********************************* Action: ORIGINAL Funds have been APPROVED 55. 063030649 *PD *790089 . * 99000.00 *43019313801.. . *215 *20.205 2012 *55100100 *088849/12 0001 *00 • . * *0001/04 _ 1 TOTAL AMOUNT: *$ 99,000.00 FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 08/16/2011 Sara/ '.x Florida Department of TransQottation` 1 ' I ADDITIONAL BACK-UP (distributed to BOCC via email 7/15/13) 7/15/13 CAY Memorandum to BOCC 7/15/13 CAY Response Letter toi Bid Protest 7/11/13 Email from State approving American Bridge 7/1/13 DNHiggins Notice of Intent to File Bid Protest i I I MEMORANDUM Date: July 15,2013 To: Board of County Commissioners From: Natileene W.Cassel, _ Assistant County Attorney/Hty RE: Item C11 on the BOCC Agenda!July 17,2013 -Award of Contract for Repair to American Bridge Company for the Repair of Old SR 940 Leg A(the Watson Boulevard)Bridge rather than to Douglas N Higgins, Inc. Commissioners: Item C11 is the approval to award a contract for the Watson Bridge Repair to American Bridge Company. This memo is to make you aware of an Intent to Protest Bid received from Douglas N Higgins, Inc. and the circumstances around the choice of American Bridge Company over Douglas N Higgins. On May 10,2013 the County published la Notice of Request for Competitive Selection.The date for opening of the responses was June 19, 2013.Three Respondents submitted bids. Douglas N. Higgins was the lowest bidder at$512,1108.90 and American Bridge was the second lowest bidder at$630,415.26,a difference of$118,306.36. Unfortunately, the Douglas N.Higgins bid omitted an entire section of information required in both the Bid Documents and the Monroe County Code.The actual bid documents stated this requirement in bold in two separate places: Article V Section 5.1 E page 00100-3 and in Section 00110,also in bold. I have attached Section 2-347(h) in its entirety(Attachment#1) so that you can see the extensive list of items that were not attached. The code states that this information is required or the bid will be automatically disqualified: 1)In order to determine if persons or entities submitting responses to competitive solicitation are responsible under this section the response"must contain, at a minimum the following information", (which is followed by a list of required information, see attachment#1 below), and 2)If after the responses to competitive solicitations are received, it is discovered that a bidder/proposer misrepresented or omitted information required by subsection(h), then his bid/proposal shall be automatically disqualified. Section 2-346 of the code defines a Responsive Bidder,an allows the BOCC to waive a technicality or irregularity which is "nonsubstantive in nature";however the omission of an entire section of the requirements coupled with the requirement that such a bid be"automatically disqualified", is material in nature and therefore is not able to be waived. I ' This project is being accomplished in concert with the State through a LAP agreement. On June 9,2013 Judy Clarke received the agreement from the State to award the contract to American Bridge Company,the second lowest bidder. (See email confirmation from the State which is attached.) Douglas N Higgins asked for a meeting'with County staff to discuss the disqualification of their bid,the meeting was held on July 11,2013.Judy Clark,ClarkBriggs,Christine Limbert-Barrow and I attended the meeting on behalf of`the County and Matthew DeLuca and Paul Waters attended for Douglas N Higgins. After consideration a determination was made that staff correctly disqualified Douglas N Higgins and a letter was sent;to Douglas N Higgins notifying them of the decision was sent via email and regular US mail on July 15,2013. (See attached copy of that letter.) I anticipate that representative from both contractors may attend the July 17,2013 BOCC Meeting. If you have questions,please call me at X3580 or 305-797-2904. { Attachment 1 to Memorandum dated 7-15-2013 County Code Sections 2-346 and 2-347 The Monroe County Code at Section 2-346 states: Responsible bidder.An individual or business which has submitted a bid,offer, proposal, quotation,or response which,as determined by the county,has the capability in all respects to perform fully the contract requirements and the experience,integrity,reliability and capacity,facilities, equipment and credit which give reasonable assurance of good faith and performance.The county may also consider and give weight to the bidder's previous conduct andl performance under previous contracts with the county and other agencies(including but not limited to delinquency),and determine the quality of the bidder's previous work. Responsive bidder.An individual on business which had submitted a bid,offer,proposal, quotation or response which,as determined by the county,conforms in all material respects to the solicitation which may include but is not limited to pricing,surety,insurance,specifications of the goods or services requested or any other matter unequivocally stated in the invitation for bids as a determinant of responsiveness.A lack of conformity in these matters which is nonsubstantive in nature may be considered a technicality or irregularity which may be waived by the county commission. Responsive bid. A bid or proposal which conforms in all material respects to the request to bid or request for proposals. The Monroe County Code at Section 2-347 states: (h) In order to determine if persons or entities submitting responses to competitive solicitations are responsible,all responses to competitive solicitations for contracts to be awarded under this section must contain,at a minimum,the following information: (1)A list of the person's or entity's shareholders with five percent or more of the stock or,if a general partnership,a list of the general partners;or,if a limited liability company,a list of its members;or,if a solely owned proprietorship,names(s)of owner(s); (2)A list of the officers and directors of the entity; (3)The number of years the person or entity has been operating and,if different,the number of years it has been providing the services,goods,or construction services called for in the bid specifications(include a list of i imilar projects); (4)The number of years the person or entity has operated under its present name and any prior names; (5)Answers to the following questions regarding claims and suits: a. Has the person,principals,entity,or any entity previously owned,operated or directed by any of its officers,major shareholders or directors,ever failed to complete work or provide the goods for which it has contracted?If yes,provide details; • b. Are there any judgments,claims,arbitration proceeding or suits pending or outstanding against the person,principal of the entity,or entity,or any entity previously owned,operated or directed by any of its officers,directors,or general partners?If yes, provide details; • c. Has the person,principal of the entity,ientity,or any entity previously owned, operated or directed by any of its officers,major shareholders or directors,within the last five years,been a party to any lawsuit,arbitration,or mediation with regard to a contract for services,goods oar construction services similar to those requested in the specifications with private or public entities?Ifiyes,provide details; d. Has the person,principal of the entity,ior any entity previously owned,operated or directed by any of its officers,owners,partners,major shareholders or directors,ever initiated litigation against the county or been sued by the county in connection with a contract to provide services,goods or construction services?If yes,provide details; e. Whether,within the last five years,the owner,an officer,general partner, principal,controlling shareholder or major creditor of the person or entity was an officer, director,general partner,principal,controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; f. Customer references(minimum of three),including name,current address and current telephone number, g. Credit references(minimum of three),including name,current address and current telephone number; h. Financial statements for the prior three years for the responding entity or for any entity that is a subsidiary to the responding entity;and i. Any financial information requested by the county department involved in the competitive solicitation,related to the financial'qualifications,technical competence,the ability to satisfactorily perform within the contract time constraints,or other information the department deems necessary to enable the department and board of county commissioners to determine if the person responding is responsible. The department requesting competitive solicitations and the county attorney reviewing the competitive solicitations must make surl that all bid solicitations request the information required by subsection(h).The department requesting the competitive solicitations must evaluate the information received,and then prepare a recommendation to the board of county commissioners as to whether the lowest bidder or the highest ranked proposer is responsible in the view of the information received.In evaluating the information received,the requesting department is directed to give particular consideration in preparing their recommendation to the bidder's/proposer's responses to subsection(h)(5)a:i.of this section.If the department or county attorney have a reasonable belief that any information furnished by a bidder/proposer is false,misleading or omits relevant facts,the department is directed to investigate any lawfully available information resource in order to be able to adequately advise the board as to whether a bidder/proposer is responsible.If after the responses to competitive solicitations are received,it is discovered that a bidder/proposer misrepresented or omitted information required by subsection(h),then, his bid/proposal shall be automatically disqualified.If the misrepresentation or omission is discovered after the contract is awarded,the board of colunty commissioners may,in its discretion,terminate the contract with no liability to the county other than to pay the contract price or unit price for work that is satisfactorily 1 1 i completed and useful to the county up to the date of the meeting of the board of county commissioners terminating the contract.The foregoing must appear in all contracts covered by this article. (Emphasis added) ! • i ; v 1 ___... 1:. I I �`'� _ BOARD OF COUNTY Mayor George Neugent,District 2 lJ N TY O j M O N RO E �- t *� Mayor Pro Tern Kim Wigington,District 1 KEY west FLOAIDA 33aro 4.,,,�a ' r. -,- David Rice,District 4 t l � i'` ,20 , i Heather Carruthers,District 3 • Ai 4 f a. ,t ,. • Sylvia J.Murphy,District 5 Robert B.Shillinger,County Attorney** r Office of the County Attorney Pedro J.Mercado,Assistant County Attorney** ...,,.' .3► t.:. 1 l i 11 12"Street,Suite 408 Susan M.Grimsley,Assistant County Attorney** " = _-= Key West,FL 33040 ' Natileene W.('acsPl,Assistant County Attorney** �e (305)292-3470-Phone Cynthia L.Hall,Assistant County Attorney** j (305)292-3516-Fax Christine Limbert-Barrows,Assistant County Attorney** Derek V.Howard,Assistant County Attorney Lisa Granger,Assistant County Attorney Steven T.Williams,Assistant County Attorney **Board Certified in City,County&Local Govt.Law 1 1 1 July 15,2013 I Sent via email and US MAIL Mr. Matthew DeLuca Douglas N Higgins,Inc. 1990 Main Street,Suite 750 Sarasota,Florida 34236 Re: Old SR 940 Leg A(Watson Boulevard)Bridge Repair Project And Notice of Intent to File Bid Protest Dear Mr.DeLuca; I want to thank you and Mr.Waters for meeting with members of County staff and County Attorney's office on July 11,2013. I appreciate the professional manner in which you articulated the Douglas N. Higgins' position both in the Notice of Intent to File Bid Protest and at the meeting. There are some items which are not in dispute.On May 10 and May 11,2013 the County published a Notice of Request for Competitive Selection and the Bidding Documents were placed on Demand Star. The date for opening of the responses was July 19,2013.Three Respondents submitted bids. Douglas N.Higgins was the lowest bidder at$512;108.90 and American Bridge was the second lowest bidder at $630,415.26.Unfortunately,the Douglas N.Higgins bid omitted an entire section of information required in both the Bid Documents and the Monroe County Code. 1 In order to form an opinion on the correctness of the proposed award to American Bridge Company instead of Douglas N.Higgins I have reviewed,among other documents,the following: 1)Notice of Request for Competitive Solicitations, 2)The Response submitted by Douglas N.Higgins, 3)The applicable Monroe County Code Sections, 1 4)The copy of a letter dated June 19,2013 (which was omitted from the Douglas N Higgins response and was subsequently sent to Mr. Clark Briggs via email on July 1,2013), 5)Notice of Intent to File Bid Protest dated July 1,2013, 6)2009 Local Agency Program Agreement that you provided to me on July 11,2013, 7)The portion of CFR part 635.110 that you provided to me on July 11,2013,and 8)Chapter 22 of the Local Agency Program Manual. I have determined that both the Monroe County Code and the competitive solicitation are unequivocal as to the requirements which must be part of the response and which were not provided by Douglas N Higgins.These were material requirements for consideration of all the responses. The arguments that you put forth regarding the Lap Program are not controlling in this instance. In addition Monroe County sought and received approval for the selection of American Bridge Company from the State. Therefore, after consideration of the Douglas N Higgins' position,review of the staff recommendation, Monroe County Code and other pertinent information,I must advise you that I concur with the staff recommendation to reject the response by Douglas N Higgins,'and to award the contract for the Old SR 490 Leg A Watson Bridge Repair to American Bridge Company. As you are aware the Board of County Commissioners will consider the approval of the contract with American Bridge Company on Wednesday,July 17,2013 at the regular BOCC meeting at the Harvey Government Center in Key West,Florida. Sincerely, s� Natileene W.Cassel Assistant County Attorney • 2 • Cassel-Nat From: Clarke-Judith Sent: Thursday,July 11,2013 10:41 AM To: Cassel-Nat;Limbert-Christine Cc: Briggs-Clark Subject: FW:430193-1 SR940 Leg A Bridge Repair-Construction Bids for Your Concurrence See email chain below regarding concurrence of bid award. Jesus works for Vicki and is the LAP project manager. Vicki is the District 6 LAP administrator and Roosevelt Pettihomme is the LAP Administrator in the main Tallahassee office. When I talked to Vicki she mentioned the comment about the bids being high and I told her what I emailed below and the comment isn't intended to imply that we shouldn't award it. just an FYI. jc Judith S.Clarke,P.E. Director of Engineering Services 1100 Simonton Street Key West,Florida 33040 Office 305.295-4329 Fax 305-295-4321 clarke-iudith @ monroecounty-fl.nov HELP US HELP YOU! Please take a moment to complete our Customer Satisfaction Survey: http://monroecofl.virtuafownhall.net/Panes/MonroeCoFL WebDocs/css Your feedback is Important to us! Please note:Florida has a very broad public records law.Most written communications to or from the County regarding County business are public records available to the public and media upon request.Your e-mail communication may be subject to public disclosure. • From: Sanchez,Jesus[mailto:Jesus.Sanchez@dot.state.fl.us] Sent:Tuesday,July 09, 2013 10:16 AM To:Clarke-Judith; Briggs-Clark Cc: Dubrovsky, Mikhail Subject: RE: 430193-1 SR940 Leg A Bridge Repair-Construction Bids for Your Concurrence Yes. That is correct. Jesus Sanchez,P.E. LAP Project Manager Florida Department of Transportation-District 6 Consultant Management-Keith and Schnars,P.A. Adam Leigh Cann Building 1000 NW 111th Avenue-Room 6140 Miami,Florida 33172 office(305)470-5452 Cell(786)299-2202 e-mail:Jesus.Sanchezt8 dot.state.fl.us From: Clarke-Judith [mailto:Clarke-JudithOmonroecounty-fl.gov] � Sent:Tuesday,July 09,2013.9:47 AM To: Sanchez,Jesus; Briggs-Clark Subject RE: 430193-1 SR940 Leg A Bridge Repair-Construction Bids for Your Concurrence 1 , ' Thanks Jesus.Actually,both bids were lower than our Engineer's estimate,which was$851,321. I thought that was sort of high,even for the Lower Keys. My estimate for the construction phase from the LAP agreement is$662,400,which is slightly more than the bid that we are accepting. Our Ordinance and purchasing policy are pretty clear with regard to rejecting bids if they do not include the information that was omitted from the lower bidder's submission.Our bid docs request the information and note that it is required in two places within the docs. So,to be clear with regard to the email string below, Mikhail is concurring with our recommendation to contract with American Bridge,the second lowest bid but the lowest fully responsive bid,correct? Thanks. Judith S.Clarke,P.E. Director of Engineering Services 1100 Simonton Street Key West,Florida 33040 Office 305-295-4329 Fax 305-295-4321 clarke-Judith @ manroecounty-fl.gav HELP US HELP YOU! Please take a moment to complete our Customer Satisfaction Survey: htto://monroecofl.virtualtownhall.net/Paoes/MonroeCoFL WebDocs/css Your feedback is important to us! Please note:Florida has a very broad public records law.Most written communications to or from the County regarding County business are public records available to the public and media upon request.Your e-mail communication may be subject to public disclosure. From:Sanchez,Jesus[mailto:Jesus.SanchezCa�dtit.state.fl.us] Sent:Tuesday,July 09, 2013 9:40 AM To: Briggs-Clark; Clarke-Judith Subject: PM: 430193-1 SR940 Leg A Bridge Repair-Construction Bids for Your Concurrence Clark/Judy,here is the concurrence from construction. I am sorry that I didn't send it earlier. Please see Mikhail's response highlighted below. Regards, Jesus Sanchez,P.E. LAP Project Manager Florida Department of Transportation-District 6 Consultant Management•-Keith and Schnars,P.A. Adam Leigh Cann Building 1000 NW 111th Avenue-Room 6140 Miami, Florida 33172 office(305)470-5452 Cell(786)299-2202 e-mail:Jesus.Sanchez@dot.state.fLus From: Dubrovsky, Mikhail Sent: Monday,July 08, 2013 5:50 PM To: Sanchez,Jesus 2 - i 'Cc: Espino, Barbara; Gatanis,Vicki; Reyna,Alfredo Subject: RE: 430193-1 SR940 Leg A Bridge Repair-Construction Bids for Your Concurrence Just a reminder... From: Dubrovsky, Mikhail Sent: Friday,June 21, 2013 12:59 PM To: Sanchez,Jesus Cc: Espino, Barbara; Gatanis,Vicki; Reyna,Alfredo Subject: RE: 430193-1 SR940 Leg A Bridge Repair-Construction Bids for Your Concurrence I concur with the award. The County should look at the bid prices,they are very high and:total budget is almost 23% higher than the rejected bid... From: Sanchez,Jesus Sent: Friday,June 21, 2013 11:49 AM To: Dubrovsky,Mikhail Cc: Espino, Barbara; Gatanis,Vicki; Reyna,Alfredo Subject: RE: 430193-1 SR940 Leg A Bridge Repair-Construction Bids for Your Concurrence Mikhail,apparently Monroe County rejected the bids from the lowest bidder because of lack of required documentation. The second lowest bidder(American Bridge Company);was recommended instead. (Please see the attached e-mail). Sorry about that. i - Jesus Sanchez,P.E. LAP Project Manager I Florida Department of Transportation-District 6 Consultant Management-Keith and Schnars,P.A. Adam Leigh Cann Building 1000 NW 111th Avenue-Room 6140 Miami,Florida 33172 office(305)470-5452 Cell(786)299-2202 e-mail:Jesus.SanchezCa dot.state.fl.us From: Sanchez,Jesus Sent: Friday,June 21, 2013 10:24 AM To: Dubrovsky, Mikhail Cc: Espino, Barbara; Gatanis,Vicki; Reyna,Alfredo Subject FW: 430193-1 SR940 Leg A Bridge Repair-Construction Bids for Your Concurrence Mikhail,good morning,attached are bids that were received by Monroe County for a bridge repair in the keys for your concurrence. They chose the lowest bidder Douglas Higgins,Inc. Please let me know if you concur. Let me know if you would like to see the plans and I will send them to you via another e-mail(too large for this e-mail). Thanks, Jesus Sanchez, P.E. LAP Project Manager Florida Department of Transportation-District 6 3 e Consultant Management-Keith and Schnars,P.A. Adam Leigh Cann Building 1000 NW 111th Avenue-Room 6140 Miami,Florida 33172 office(305)470-5452 Cell(786)299-2202 e-mail:Jesus.Sanchez@dot.state.fl.us From:Sand ez,Jesus Sent: Friday,June 21,2013 10:14 AM To: Briggs-Clark Subject: FW: 430193-1 SR940 Leg A Bridge Repair • Excellent. One more question,which firm did Monroe County recommend for selection? Douglas Higgins,Inc.? Jesus Sanchez,P.E. LAP Project Manager Florida Department of Transportation-District 6, Consultant Management-Keith and Schnars,P.A. Adam Leigh Cann Building 1000 NW 111th Avenue-Room 6140 Miami, Florida 33172 office(305)470-5452 Cell(786)299-2202 e-mail:Jesus.Sanchez@dot.state.fl.us From: Briggs-Clark rmaiito Bri44s-Clark0MonroeCounty-FL.Gov] Sent: Friday,June 21,2013 10:02 AM To:Sanchez,Jesus Subject: RE: 430193-1 SR940 Leg A Bridge Repair Let me know if this goes through. Clark Briggs Sr.Project Manager I• Monroe County Engineering 1100 Simonton St, Rm 216 Key West,FL 33040 Office(305)295-4306 Fax(305)295-4321 brigns-clurk@monroecoun#y. l you ' I , , 1 I ! j I - lts.401414401412,207Ki nCORPORAIE OFFICE ❑REGIONAL OFFICE u REGIONAL OFFICE 3390 TRAVIS POINT ROAD 1213 GLYNN ARCHER OR 4485 ENTERPRISE AVE SUITE A SUITE 281 NAPLES,FL 34101 MIN ARBOR,MI 48108 KEY WEST,FL 33040 (239)7743130 FAX:(734 99) e&180 FAX:(305)282-7717 FAX:(239)774 4288 Transmitted VIA E-Mail to clarke-Judith@monroecounty-fl.eov July 1,2013 Ms.Judith Clarke,P.E. Director of Engineering Monroe County Subject: Notice of Intent to File Bid Protest Old SR 940 Leg A(Watson Boulevard)Bridge Repair Project Ms.Clarke: Earlier today,Paul Waters at the Douglas N.Higgins,Inc.(DNHI)office in Key West received a phone call from Clark Briggs with Monroe County(County)informing us that the County intends to disqualify us as the lowest responsible bidder for the above referenced project due to an apparent omission to submit certain items to confirm it was a"responsible"bidder. Additionally on this date,the County posted a Notice of Intent to Award to the second lowest bidder on the project,American Bridge Company. This letter serves as DNHI's Notice of Intent to File a Bid Protest on the above referenced project. DNHI could not locate a documented bid protest procedure for the County and,in an effort to be both prudent and proactive,has prepared this letter to document our position and the reasoning behind this position. DNHI's position is that award of the above referenced project should be made to DNHI for its base bid amount of$512,108.90 and not to American Bridge Company for its base bid amount of$630;415.26. 1. Section 2-346 of the County code defines a responsible bidder as"An individual or business which has submitted a bid,offer;proposal,quotation,or response which,as determined by the county,has the capability in all respects to perform fully the contract reauirements and the experience integrity,reliability and capacity,facilities,equipment and credit which give reasonable assurance of good faith and performance.The county may also consider and give weiaht to the bidder's previous conduct and performance under previous contracts with the county and other agencies lindudina but not limited to delinquency),and determine the quality of the bidder's previous work." Within the bid documents for this project,Page 1 of Section 00100(Instructions to Bidders)established a clear and concise manner for the County to determine this responsibility check. The County established that"To be considered,all prime contractors submitting bids must be pre-qualified by Florida Department of Transportation (FDOT)for the category of minor!bridge repair work in accordance with Chapter 337.14 F.S.and State of Florida Department of Transportation Rules Ch.14 22." A copy of DNHI's FDOT prequalification is attached to this letter which defines our responsibility. Additionally,the County's definition allows for the ability to consider a bidder's previous conduct and performance under previous contracts with the county and other agencies I - 3 r Notice of Intent to File Bid Protest—Old SR 940 Leg A(Watson Boulevard)Bridge Repair Project July 1,2013 Page 2 to confirm responsibility. With a permanent office in Key West for over twenty(20)years and a successfully history of completing public works projects fora variety of governmental agencies local to Monroe County during this time,DNHI's capabilities as a responsible bidder are established. 2. As funding for this project comes through the FDOT Local Agency Program(LAP),an award to American Bridge Company.violateis certain provisions of the LAP manual which provides the processes and procedures to be implemented by the local agency for projects of this type. In order to be considered qualified Chapter 22—Section 22.34 of this manual provides that"The Local Agency is prohibited from establishing any procedures or requirements for qualification or licensing of contractors that might restrict competition,prevent the submission of bids,or prohibit consideration of bids submitted by any responsible contractor." Additionally,Section 22.3.2 of the same chapter provides that"The Local Agency is responsible for the pre- qualification of prospective bidders. A Local Agency may use the Department's pre-qualification procedure that is specified in Rule 14-22 F.A.C,or use contractors that are pre-qualified by the Department." The LAP manual clearly provides for acceptable methods to establish bidder qualifications and prevents the local agency from placing additional constraints on the determination of a proposer. DNHI meets the established LAP requirements and,as such, should receive the award. 3. The County code(Section 2-346)establishes that a bidder is responsive if"An individual or business which had submitted a bid,offer,proposal,quotation or response which,as determined by the county,conforms in all material respects to the solicitation which may include but is not limited to pricing,surety,insurance,specifications of the goods or services requested or any other matter unequivocally stated in the invitation for bids as a determinant of responsiveness.A lack of conformity in these matters which is nonsubstantive in nature may be considered a technicality or irregularity which hay be waived by the county commission." For the reasons provided in Items 1 and 2 above,iDNHI has confirmed that its apparent omission to submit certain information which was requested by the bid documents is not relevant to a contract award. This section further establishes that the County has the ability to waive this apparent omission if the information is nonsubstantive in nature. Through its long history of successfully completing projects in Monroe County and by meeting the County's stated pre-qualification requirements,DNHI maintains that this additional information is obviously nonsubstantive and waivable. On appeal,DNHI recently lost a bid protest against the Florida Keys Aqueduct Authority where the County,as an intervenor,supported the use of a public agency's wide discretion in making contract awards and the waiving of items immaterial to the evaluation of a price proposal. DNHI is saving the taxpayers of the State of Florida over$118,000 on this project and is fully qualified,capable and responsible to complete the project. For these reasons the County should provide the same support to DNHI on this proposal as they did to the FKAA on the previous one. { I { f Notice of Intent to File Bid Protest—Old SR 940 Leg A(Watson Boulevard)Bridge Repair Project July 1,2013 Page 3 DNHI believes that this item is being placed before the Board of County Commissioners on July 17,2013 and would appreciate a meeting with the County next week to discuss the items outlined by this letter ahead of that meeting. Please contact me at(941)465-8358 or viale-mail at mdeluca@mckennacontracting.com to discuss possible timing for this meeting. Your attention to this issue is appreciated. Sincerely: Douglas N.Higgins,Inc. Alan zew DeLuca/ Matthew DeLuca Operations Manager Attachment: FDOT Pre-Qualification for DNHI • CC: George Neugent,Mayor—Monr le County(boccdis2tmonroecounty-fl: ov); Bob Shillinger,County Attorney-Monroe County(shillinger-bob(MmonroecountV-fl gov) Clark Briggs,Senior Project Manager—Monroe County(br g s-cark@monroecountV fl ov); Roosevelt Petithomme,State LAP Administrator—FDOT(roosevelt.petithomme( dot.state.fl.us) Vicki Gatanis,District 6 LAP Administrator—FDOT(vicki.gatanis@dot.state.fl.us) Paul Waters,Regional Manager 7 DNHI(dnhigginskevwest@aol.com) Daniel Higgins,Vice President—DNHI(danh@dnhieeins.com) sn•g'7423S Op'n&MM . linnSI'ixayaa2t atm limn SI arm.) sasalua nirraSPi2I'`i,Tacc 2'{'92t :sassPTO xzoM eqg ao; dueduoo anoA A3TTenbazd og 'autT; sTgg ge serge you sT quautgzedaa euq 'uoT;EnTeaa sTq; uo paseg -apo0 aATgez3sTuTmPlif EPTzoT3 'EOO'ZZ-IC uoTgoas Aq pa .oaiTp se quautdTnba ;o AoenbapE pue azuentzo;zad xioi 'e3uaTzadxa xzoM ';uautabeueut 'uOT;EZTuebao s,Auedntoo znoA pa;enTeaa aim; am •pa;sanbaa sassETo Nzokt TTe uT uoT4e3T;TTenb s,Auednro3 znoA pazapTsuoo seat uozge;aodsuezy ;o quawlaedap au; pasrepe aq aseeTc SNOILYJS dNfld 'SSNI'I ti3Mas 'SNI`iw SD1O3 'S3NI'I A YLIMYs 'SHIYW?ISILYM 'S3ILI'IIyr aNnoumaaNfl :MOM 3o sasses LTiI'IYTI3'3dS cra o2Tddy SOQ3 szeanis Zi0NIN 2I91I 'S39art1s 2IONIW 'SNIatrup 'SSVVNIY&l :SaSSIITIO x o t az/dm:law yoa3 • •sgeg uAzennun$ uoT;E3TTddvlu Pue „abeueNu au; 3E3TT3 ueu; pue uoT;e rtdde paaozdde AT;uaaaz gsoni eqq io; uMeTAu goeTes 'uT pabboT soup /uoneo,T;TTenaaagzogpEzquop/sn'Tj'egegs'40P'£MMM//:sdggu :xuTT buTMoTTo; egg era mpgsAs uoTgeoTTddtd 7oT4e0T;TTenbezg ao;3Ez;uoo eu; oquT boT. aseaTd 'qT 99930E oy •equa�q+ s TeraueuT3 paedezneg Pe4TP111( B uo paesq pettsTTgegse.ueeq sett burqus AgToedee unmrxew s,. ueduoa =oz. -woo a.T;ezgs1uTmpv ePT20T3 '(E)600-ZZ-VT u0T43eS uT pagTawsep • se uoT; anoA 3o can;pnzgs an; ao uoTgrsod TeToueuT3 etp uT abuegp ;ue3T;TubTs Aue oq ;uenbasgns paq;Tutgns eq gsnut uoTge3TTdde Mau a 'guautgzedaa at/4 ugTM paT;TTEtib urentaz oy -uoT;e0T3TTe b z0; uoT4E3TTddE Mau znoA ssaaozd aM se sgoc uo pTg 0; noA moue Og poTzad uquont oM; e seATb sTtty 'agep queeage;s TeToueuT3 znoA zag3e su;uout8T z03 PTTEa ag TTTM e;e0T3T418o znoA Teti; sepraozd •S•3 (V) 6T'L££ uoTgoas .imuoutegegs L E..,ucu i-3 t rsequz PegTPae eq ,etWondde 3T 'pue s;uemagegs Te-roueuT3 Tenuue pegzpne: s,queoTTdde eqq 3o agep butpue attg. 30 sgquom (y) ttTt4TA PaTT; eq gsuu uoT;eoTTdde gxeu smolt 's•.q (I) by'LEE•S R4TM eauepsog3e ui an sT uoT e3 dde Mau e ' ' 3OZ T,E/L P q TT au; geAaMoH 'ED:WIC£/6 eaTdxa rum uoT4e3T;TTena 3o a;P3T;T 00 sTgg 'esTMza114opeT3r4ou,sT Auednto3 .noA ssaTun •MoTaq pageoTpuT *Tom 3o adA; alp zo; Auedwoo znoA paT;TTenb sett uoT;e;zodsue.1y 3o ;uamgzedaa eqy :utepervaT8 aEaa NOIy`d3i3I'wn0 ao ammaIx u30 :au 4aasInau4 j 80186 IN EOEW NMI @I 3LNIOd SIAYLL 06££ . '0NI 'SNIS IH 'N SIPIODOU IETOZ 'S eunr Jtigt,LM1'J3S O0o-66£ZE 'IA'MS/111 Rn XONuzito5 •S•a`at►svxa NY l tS� nS S09 .I-LOOS X31 uopvhlodsuvi2 fo juautkev aj vpyola ilk, Tag ii a ., ' 9 + s • DOUGLAS N. HIGGINS, INC. June 5, 2013 Page two You may apply, in writing, for Revised Certificate of Qualification at anytime prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code. Please be advised if certification in additional classes of warklis desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional:class of work requested. Sincerely, Juanita Moore, Manager Contracts Administration Office JM:cj • . BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 17, 2013 Division: Public Works/Engineering Bulk Item: Yes X No _ Department: Engineering Services Department Staff Contact Person/Phone#: Judy Clarke X4329 AGENDA ITEM WORDING: Approval to award contract to American Bridge Company in the amount of$630,415.26 for the Old SR 940 Leg A (Watson Boulevard) Bridge repair project. This project is funded by Florida Department of Transportation (FDOT) through a Local Agency Program (LAP)Agreement. ITEM BACKGROUND: American Bridge Company is the second lowest responsible bidder. The lowest bidder was disqualified for failing to comply with information required by Section 2-347(h) of the Monroe County Code. Monroe County received three bids to county bridge #904310 Old SR 940 Leg A(Watson Boulevard)bridge on June 19, 2013. PREVIOUS RELEVANT BOCC ACTION: BOCC approved Local Agency Program (LAP) Agreement with FDOT to provide funding for design and construction of repairs to the bridge at the January 2011 BOCC meeting. The BOCC approved advertising for construction bids at the April 2013 meeting. CONTRACT/AGREEMENT CHANGES: Contract attached. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $630,415.26 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: not applicable COST TO COUNTY:. $0. SOURCE OF FUNDS: FDOT LAP REVENUE PRODUCING: Yes No Xyy AMOUNT PER MONTH Year APPROVED BY: County Ati OMB/Purc&ing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: American Bridge Contract# Company Effective Date: July 17, 2013 Expiration Date: 120 Days from issuance of notice to proceed Contract Purpose/Description: Construction contract for the Old SR 940 Leg A(Watson Boulevard) Bridge repair project. Contract Manager: Judy Clarke 4329 En ineerin #1 (Name) (Ext.) (Department/Stop#) for BOCC meeting on 7/17/2013 Agenda Deadline: 7/2/2013 CONTRACT COSTS Total Dollar Value of Contract: $ 630,415.26 Current Year Portion: $ 630,415.26 Budgeted? Yes X No Account Codes: " m i 1 1-a 3 O Grant: $ 630,415.26 - - - - County Match: $ 0 - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e . maintenance,utilities, janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Need ° r Division Director` ' Yes[:] NoEJ ` 1 "W ' Risk Management V'�a ,)Yes❑ No a O.M.B./Purchasing Yes[:] No p County Attorney "�. °�1"I" Yes[] Noo °�. w r r.g s 4 Comments: OMB Form Revised 2/27/01 MCP#2 Old SR 940 Leg A(Watson Bridge)Repair Section 00500 Standard Form of Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 17th day of July in the year of Two Thousand and Thirteen. BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC") 1100 Simonton Street Key West, Florida 33040 ("Owner") And the Contractor: American Bridge Company 5430 West Tyson Avenue Tampa, Florida 33611 ("Contractor") For the following Project: Old SR 940 Leg A (Watson Bridge) Repair Project Big Pine Key Monroe County, Florida 33043 ("Project") Oversight for Owner: Parsons Brinkerhoff, Inc. One Penn Plaza New York,NY 10119 Engineer: CH2M HILL, Inc 9428 Baymeadows Road, Suite 300 Jacksonville, Florida 32256 The Owner and Contractor agree as set forth below. 4/292013 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONIRAC MR(9 2012) 00500-1 Old SR 940 Lea A(Watson Bridge)Repair ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of Work is as specified in the Contract Documents, and shown on the Drawings and in the specifications. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Old SR 940 Leg A (Watson Bridge) Repair Project. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350, milestone schedule. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than five days before commencing the Work. The date of commencement shall be the date specified in the Notice to Proceed issued to the Contractor. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 120 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. LIQUIDATED DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Owner's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. 4/29/2013 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR(9 2012) 00500-2 Old SR 940 Leg A(Watson Bridge)Repair FIRST SECOND 31st DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under 50,000.00 $50.00/DAY $100.00/DAY $250.00/DAY $50,000.00-$99,999.00 100.00/DAY 200.00/DAY 750.00/DAY $100,000.00-499,999.00 200.00/DAY 500.00/DAY 2,000.00/DAY $500,000.0 and Up 500.00/DAY 1,000.00/DAY 3,500.00/DAY The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Balance of Page Intentionally Left Blank 4/292013 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR(9 2012) 00500-3 Old SR 940 Leg A(Watson Bridge)Repair ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for Old SR 940 Leg A (Watson Bridge) Repair Project the Contract Sum of SIX HUNDRED THIRTY THOUSAND FOUR HUNDRED FIFTEEN AND 26/100 DOLLARS, ($630,415.26), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: None 4.3 Unit prices, if any, are as follows: As specified in Section 00110. ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum property allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent(10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both 4/29/2013 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR(9 2012) 00500-4 Old SR 940 Leg A(Watson Bridge)Repair 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 of Ten percent(10%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent(90%) of the Contract Sum, less such amounts as the Owner recommends and determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1)the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate for Payment has been issued by the Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735 4/292013 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR(9 2012) 00500-5 Old SR 940 Leg A(Watson Bridge)Repair 7.3 Temporary facilities and services: None. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a"public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime"regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a"public entity crime" or has been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are part of this contract: a) Maintenance of Records: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives, or the Federal Emergency Management Agency or its designee, shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. b) Governing Law,Venue,Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. 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 4292013 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR(9 2012) 00500-6 Old SR 940 Lee A(Watson Bridge)Re it shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. c) Severability: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. e) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. g) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state fiends to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Nondiscrimination: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, 4/29/2013 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR(9 2012) 00500-7 Old SR 940 Lee A(Watson Bridge)Re air Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VI11 of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. i) Covenant of No Interest: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. j) Code of Ethics: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. k) No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 1) Public Access: The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or 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 Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. m) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. n) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of 4/292013 STANDARD FORM OF AGRF_.EMENT BETWEEN OWNER AND CONTRACTOR(9 2012) 00500-8 Old SR 940 Leg-A(Watson Bridge)Repair any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. o) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. p) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. q) Attestations: Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. r) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. s) Execution in Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. t) Section Headings: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. u) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project. v) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any 4/292013 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR(9 2012) 00500-9 Old SR 940 Lee A(Watson Bridge) epair type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project(including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. In the event the completion of the project(including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to,reduced, or lessened by the insurance requirements contained elsewhere within this agreement. w) Adjudication of Disputes or Disagreements: The Owner and Contractor agree that all disputes and disagreement shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph X concerning cancellation. x) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. y) Cooperation: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 402013 STANDARD FORM OFAGREI MENTBETWEENOWNERANDCOMRACMR(9 2012) 00500-10 Old SR 940 Lea A(Watson Bridge)Repair 7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. 7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 7.9 No third Party Beneficiaries:Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 7.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation: The Contractor agrees to comply with the provisions of FDOT's Disadvantaged Business Enterprise Program as outlined in the Certification contained in Section 00110 Bid Proposal. The Contractor will complete and execute FDOT form 275-030-1 1B,DBE Affirmative Action Plan, which is included as Attachment A to this Agreement. 7.11 FHWA Form 1273: Form 1273 is attached hereto as Attachment B and made a part of this contract. The Contractor will adhere to all provisions in FHWA Form 1273. 7.12 Buy America: The Contractor agrees that it will comply with the requirements of 49 U.S.0 Section 5323 0) (1). Section 165 (a) of the Surface Transportation Assistance Act of 1982, as amended, but it may qualify for an exception to the requirements pursuant to Section 165 (b) (2) or(b) (4) of the Surface Transportation Assistance Act of 1982 and regulation in 49 CFR 661.7. 7.13 Foreign Contractor and Supplier Restriction: The Contractor shall not knowingly enter into any subcontract under this contract: (1) With a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the United States Trade Representative (USTR) or (2) For the supply of any product for use on the Federal Public Works project under this contract that is produced or manufactured in a foreign country included on the list of countries that discriminate against U.S. firms published by USTR(Includes "Buy American"provisions). 7.14 Public Agency Subcontracting to Private Sector Entity Contract Provision: in accordance with the provisions of 23 CFR 635.112(e),No public agency shall be permitted to bid in competition or to enter into subcontracts with private contractors. A breach of any of the stipulations 23 CFR 635.112(e) shall be sufficient grounds for termination of the Contract. 7.15 Contractor Purchased Equipment for Local Ownership: in accordance with the provisions of 23 CFR 140 and 49 CFR Section 18.3 the Contractor will not purchase equipment for County ownership. 4/29/2013 STANDARD FORM OF AGREEMENT BE-FWEEN OWNER AND CONTRACTOR(9 2012) 00500-11 Old SR 940 Leg A(Watson Bridge)Repair 7.16 Equipment Rental Rates: in accordance with 23 CFR 635.120 and 48 CFR 31 the County will pay standard equipment rental rates for the local area where the Work is being conducted for rented equipment, as needed during the project. 7.17 Local Hiring Preference: the County will not include a Local Hiring Preference for this . contract. 7.18 Publicly Owned Equipment: in accordance with the provisions of 23 CFR 635.106 publicly owned equipment will not be allowed to compete with privately owned equipment under this agreement. 7.19 State Preference: No requirement will be imposed: (a) To require the use of or provide a price differential in favor of articles or materials produced within the State, or otherwise to prohibit, restrict or discriminate against the use of articles or materials shipped from or prepared, made or produced in any State, territory or possession of the United States; or (b) To prohibit, restrict or otherwise discriminate against the use of articles or materials of foreign origin to any greater extent than is permissible under policies of the Department of Transportation as evidenced by requirements and procedures prescribed by the FHWA Administrator to carry out such policies. 7.20 Salvage Credits: The Contractor will not receive credits for salvageable materials. 7.21 Equal Employment Opportunity (EEO) Requirements: the Contractor will adhere to the DOT EEO requirements in accordance with Executive Order 11246 and as outlined in the Equal Employment Opportunity Certification in Specification Section 00110. Prior to the start of construction the Contractor will complete FDOT Form 275-021-13 Notification to FDOT of EEO Officer and Form 275-021-05, Record of Supervisory and Office Personnel EEO Meeting or Individual Orientation, which are included as Attachment C to this Agreement. 7.22 Davis-Bacon Act: In accordance with the Davis-Bacon Act, the Contractor and their subcontractors shall pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current prevailing wage rate table is attached as Attachment D. 7.23 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 4/29/2013 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR(9 2012) 00500-12 Old SR 940 Lei A(Watson Bridge)Rem ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. Article 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: See Article 1 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated May 2013, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: 9.1.6 The Addenda, if any, are as follows: Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the contract Documents areas follows: Monroe County Bid Form in Section 00110. See Article 1. REMAINDER OF PAGE LEFT BLANK 4/29/2013 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR(9 2012) 00500-13 Old SR 940 Leg A(Wataon Bridge)Ra air IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four(4) counterparts, each of which shall, without proof or accounting for the other counterparts,be deemed an original contract. (SEAL) BOARD OF COUNTY CO1VIMISSIONERS Attest: AMY HEAVILiN,Cleric OF MONROE COUNTY, FLORIDA By: By Deputy Clerk Mayor CONTRACTOR e;�4 B y r f Yy i � i C By: A, 6,G L Title: PG�Xai-0i7a md+w i Title: 111 e�,... AA J/D,F1V 7 END OF SECTION 00500 MOf—ROE COUNTY ATTORNEY /APPROV�ED AS TO FORM: { CHRISTINE M.-LIMBERT-BARROWS ASSISTJN7Y ATTORNEY Date 429013 STANDARDFORMOFAGREWENTBETWFE;NOWMRANDOONTRAC OR(9 2012) 00500-14 ATTACHMENT A Florida Department ®,f Transportation MCK SC€)TT 605 Suwannee Street ANANTH PRASAD,P.E. GOVERNOR Tallahassee,FL 32399-0450 SECRETARY February 24, 2012 RE; DBE AFFIRMATIVE ACTION PLAN APPROVAL Dear Mr. Wind: The Disadvantaged Business Enterprise Affirmative Action Plan submitted by: AMERICAN BRIDGE COMPANY has been approved for a period of three years. Please update and submit a new plan before the expiration date shown below. If you do not plan to work on any Florida Department of Transportation Projects, it will not be necessary for you to submit a new plan. If you need any additional information, please contact me at (850) 414-4742. Sincerely, Erica Miller Contract Compliance Administrator Equal Opportunity Office AFFIRMATIVE ACTION PLAN EXPIRATION: February 24, 2015 This plan is one of the re uirements to bid on contracts for the Florida Dep.artment of Transportation. This is not approval for Unified Certification Program Disadvantaged Business Enterprise UCPIDBE Certification. For additional information in becoming a DBE contact the Certification Section at 850 414-4747. www.dot.state.£t.us M8 ATTACHMENT B Required Contract Provisions Federal-Aid Construction Contracts FHWA-1273 Electronic Version -- Mare 10, 1994 I. General 1 II. Nondiscrimination 2 III. Nonsegregated Facilities 6 IV. Payment of Predetermined Minimum Wage 7 V. Statements and Payrolls 12 VI. Record of Materials, Supplies, and tabor 14 VII. Subletting or Assigning the Contract 14 VIII. Safety:Accident Prevention 15 IX. False Statements Concerning Highway Projects 16 X. Implementation of Glean Air Act and Federal Water Pollution Control Act 17 XI. Certification Regarding Debarment, Suspension ineligibility, and Voluntary Exclusion 17 XII. Certification Regarding Use of Contract Funds for Lobbying 21 Attachments A. Employment Preference for Appalachian Contracts(included in Appalachian contracts only) 23 I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work.,,or by subcontract. -2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made.The Required Contract Provisions shall not be incorporated by reference in any case_The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section 1, paragraph 2; Section IV, paragraphs 1, 2, 3,4, and 7; Section V, paragraphs 1 and 2a through 2g. I 5. Disputes arising out of the labor standards provisions of Section IV(except paragraph 5)and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract.Such disputes shall be resolved in accordance with the procedures of the U,S. Department of Labor(DOL)as set forth in 29 CFR 5, 6, and 7. Disputes within the rftoahihg of this clause include disputes between the contractor(or any of its subcontractors) and the contracting agency,the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States(except for employment preference for Appalachian contracts,when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole,supervised release, or probation. lI. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of$10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws,executive orders, rules, regulations(28 CFR 35,29 CFR 1630 and 41 CFR 60)and orders of the Secretary of Labor as modified by the provisions prescribed herein,and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract.The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway-agency(SHA)and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "it is the policy of this Company to assure that applicants are employed,and that employees are treated during employment, without regard to their race,religion, sex, color, national origin, age or disability. Such action shall include:employment, upgrading, demotion,or transfer; recruitment or recruitment advertising;layoff or termination; rates of pay or other forms of compensation;and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2 /�3 2. EEO Officer:The contractor will designate and make known to the SHA contracting-officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy:All members of the contractor's staff who are authorized to hire, supervise, promote,and discharge employees, or who recommend such action, or who are substantially involved in such action,will be made fully cognizant of,and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment-To ensure that the above agreement will be met,the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months,at which time the contractor's EEO policy and its implementation will be reviewed and explained.The meetings will be conducted by the EEO Officer. b_ All new supervisory or personnel office employees will be given a thorough .-indoctrination by the EEO Officer,covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. C. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractors procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees,applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought-to the attention of employees by means of meetings,employee handbooks, or other appropriate means. 4. Recruitment:When advertising for employees, the contractor will include in all advertisements,for employees the notation: "An Equal Opportunity Employer."All such advertisements will be placed in publications having a large circulation among minority groups in the area from-which the project work force would normally.be derived. a. The contractor will, unless precluded by a valid bargaining-agreement,conduct systematic and direct.recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees,and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have 3 /Va the effect of discriminating against minorities or women,or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions:Wages,working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff,and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability.The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c, The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found,the contractor will promptly take corrective action_ If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all-affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant,such corrective action shall include such other persons.Upon completion of each investigation,the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, quariifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force-requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance.Where feasible,25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract,this subparagraph will be superseded as indicated in the special provision. C. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. 4 11413 d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions:-If the contractor relies in whole or in part upon unions as a.source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions-of minority and female employees.Actions by the contractor either directly or through a contractor's association acting as agent will i clude the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions,joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of;he labor union and such labor union refuses to furnish such information to the contractor,the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement,the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race,color,religion, sex, national origin,age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and.these special provisions, such contractor shall immediately notify the SHA. s. Selection of Subcontractors,Procurement of Materials and Leasing of Equipment:The contractor shall not discriminate on the grounds of race,color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises(DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract.The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful 5 103 minority group and female representation among their employees, Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligatiorea. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA_and the 1'HWA. a. The records kept by the contractor shall document the following: 1. The number of minority and non-minority group members and women employed in each work classification on the project; 2. The progress and efforts being made in cooperation with unions,when applicable,to increase employment opportunities for minorities and women, 3. The progress and efforts being-made in locating, hiring,training, qualifying, and upgrading minority and female employees;and 4. The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women,and non-minority group employees currently engaged in each work classification required by the contract work.This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision,the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of$10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate,the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments,and that the firm does not permit its employees to perform their services at any location, under its control,where segregated facilities are maintained.The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract.The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification,the term"segregated facilities"means any waiting rooms,work Preas, restrooms and washrooms, restaurants and other eating areas,timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,transportation,and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, 6 A4� religion, national origin, age or disability, because of habit, local custom,or otherwise.The only exception will be for the disabled when the demands for accessibility override(e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of$10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MIMIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding$2,000 and to all related subcontracts,except for projects located on roadways classified as local roads or rural minor collectors,which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account[except such payroll deductions as are permitted by regulations(29 CFR 3) issued by the Secretary of Labor under the Copeland Act(40 U.S.C. 276c)j the full amounts of wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor(hereinafter"the wage determination")which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics.The wage determination(including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster(WH-1-321)or Form FHWA-1495)shall be posted at all times by the contractor and its subcontractors-at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2)of the Davis-Bacon Act(40 U.S.C.276a)on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of Section IV, paragraph 3b, hereof. Also,for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly)under plans,funds, or programs, which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided,that the employer's payroll records 7 A46 accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification. a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract,which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification,wage rate and fringe benefits only when the following criteria have been met: 1. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; the additional"ciassification is utilized in the area by the construction industry; 3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4. with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate,the laborers and mechanics(if known)to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the D©L,Administrator of the Wage and Flour Division, Employment Standards Administration,Washington, D.C.20210.The Wage and Hour Administrator, or anauthorized;epresentative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate,the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits,where appropriate),the contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative,will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period /t9� that additional time is necessary. e. The wage rate(including fringe benefits where appropriate)determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor or subcontractors,as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided,that the Secretary of Labor has found, upon the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met. The-Secretary-.of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees(Programs of the U.S. DOL)and Helpers: a. Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training,or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency(where appropriate)to be eligible for probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any employee listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above,shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition,any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in percentages of the journeyman-level hourly rate) 9 IWO specified in the contractor's or subcontractor's registered program shall be observed. 3. Every apprentice must be paid at not less than the rate specified in the registered program for theapprentice's level of progress,expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination.Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program_ If the apprenticeship program does not specify fringe benefits,apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination. 4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau,withdraws approval of an apprenticeship program,the contractor or subcontractor will no longer be permitted-to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b, Trainees: 9. Except as provided in 29 CFR 5_16,trainees will not be permitted to work at-less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. 2. The ratio of trainees to joumeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.Any employee listed on the payroll at a trainee rate who Is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate can the wage determination for the work actually performed. 3. Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman- level hourly rate specified in the applicable wage determination.Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. 10 11113 4. In the event the Employment and Training Administration withdraws approval of a training program,the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2.Any worker listed on a payroll at a helper wage rate,who is-not a helper under a approved definition, small be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees(Programs of the U.S.DOT): Apprentices and trainees working under.apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The-straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOI-withhold, or cause to be withheld,from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor,as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,trainees, and helpers,employed by the contractor or any subcontractor the full amount of wages. required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice,trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract,the SHA contracting officer may, after written notice to the contractor,take such action as may be necessary to cause the suspension of any further payment, advance,or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor orsubcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics,watchmen,or guards (including apprentices,trainees,and helpers described in paragraphs 4 and 5 above)shall require or permit any laborer,mechanic,watchman,or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic,watchman,or guard receives compensation at a rate not less than one- and-one-half times his/her basic rate of pay for all fours worked in excess of 40 hours in such workweek. l� A16 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above,the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages.-Eriwaddition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each- individual laborer, mechanic,watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of$10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld,from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding$2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations(29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by-the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices,trainees,watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name,social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B)of the Davis Bacon Act);daily and weekly number of hours worked; deductions made;and actual wages paid.In addition,for Appalachian contracts,the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the 12 /y1� labor area as defined in Attachment A, paragraph 1.Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B)of the Davis Bacon Act,the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. C. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees(including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V.This information may be submitted in any form desired. Optional Form WH-347 is available for--this purpose and may be purchased from the Superintendent of Documents(Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D,C.20402.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the .following: 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; 2. that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate,either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations,29 CFR 3; 3. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. 13 /146 f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C.231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection,copying, or transcription by authorized representatives of the SHA,the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available,the SHA,the FHWA,the DOL, or all may, after written notice to the contractor, sponsor,applicant, or owner,take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore,failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS,SUPPLIES,AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings,those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000(23 CFR 635)the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds,"prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. furnish, upon the completion of the contract,to the SHA resident engineer on Form FHWA-47 together-with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option,either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VI1. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). 14 /V13 a. "Its own organization"shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor,with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items"shall be construed to be limited to work that requires highly specialized knowledge,abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VIl is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish(a)a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements,and is in charge of all construction operations (regardless of who performs the work)and(b)such other of its own organizational resources(supervision, management,and engineering services)as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer,or authorized representative,and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract.Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent previsions and requirements of the prime contract. VIII. SAFETY.ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State,and local laws governing safety, health, and sanitation (23 CFR 635).The contractor shall provide all safeguards,safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine,to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by -the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract,which the contractor-enters into pursuant to this contract,that the contractor and any subcontractor shall not permit any employee, in performance of the contract,to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards(29 CFR 1926)promulgated by the Secretary of labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 333). I5 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate th i-natter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract"Work`Hours,-atTd-Safety Standards-Act(40 U:S:C:333}:._ ._... .._ ... ._.._ .... _ - _ _ _. .. .. ..._ _ . .. IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers,and workers on Federal-aid highway projects, it is essential that ail persons concerned with the project perform their functions as carefully,thoroughly,and honestly as possible. Willful falsification,distortion,or misrepresentation with respect to any facts related to the project is a violation of Federal law.To prevent any misunderstanding regarding the seriousness of these and similar acts,the following notice shall be posted on each Federal-aid highway project(23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 ll.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation;or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related .project approved by the Secretary of Transportation;or Whoever knowingly makes any false statement orfalse representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amonded and supplemented; Shall be fined not more that$10,000 or imprisoned not more than 5 years or both." 16 X. IMPLEMENTATION CEP CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of$100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate,the bidder, Federal-aid construction contractor,or subcontractor, as appropriate,will be deemed to have stipulated as--follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended(42 U.S.C. 1857 et seq., as amended by Pub.L.91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L.92-500), Executive Order 11738, and regulations in implementation thereof(40 CFR 15)is not listed, on the date of contract award, on the U.S. Environmental Protection Agency(EFTA) List of Violating Facilities pursuant to 40 CFR 1520. 2. That the firm-agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4_ That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract,and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification-Primary Covered Transactions: (Applicable to all Federal-aid conbracts-49 CFR 29) a. By signing and submitting-this proposal,the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will riot necessarily result in denial of participation in this covered transaction.The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However,failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 17 c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms"covered transaction,""debarred,""suspended,""ineligible,""lower tier covered transaction,""participant,""person,""primary covered transaction," "principal,""proposal,"and"voluntarily excluded,"as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not'knowingly enter into any lower tier covered transaction with a person who is debarred,suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"provided by the department or agency entering into this covered transaction,without modification, in all lower tier covered transactions and in all-solicitations for lower tier covered transactions. h. A participant in a covered transaction may'rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant may decide the method-and frequency by which it determines the eligibility of its pfincipals. Each participant may, but is not required to, check the nonprocurement portion of the"Lists of Parties Excluded From Federal procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 18 M6 ). Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default. Certification Reazarding Debarment,Suspension. Ineligibility and Voluntary Exclusion- -primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: a. Are not presently debarred,suspended, proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State or local)transaction or contract under a.public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions(Federal, State or local)terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification -Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of$25,000 or more-49 Ci=R 29) a. By signing and submitting this proposal,the prospective lower tier is providing the certification set out below. 19 IM13 b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective jower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms"covered transaction,""debarred,""suspended,""ineligible,, "primary covered transaction,""participant,""person,""principal,""proposal,"and"voluntarily excluded,"as used in this clause, have the meanings set out in the definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible,or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the eligibility of its principals.Each participant may, but is not required to, check the Nonprocurement List, h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealing,-. 20 M13 i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible,orvoluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue;available remedies, including suspension and/or debarment. Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies,by submission of this proposal, that neither it nor its principals is presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall•attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000-49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal,to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant.,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment,or modification of any Federal contract, grant, loan,or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. 21 AM 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. .3. The-prospective-participant-also-agrees~by submitting his or her bid or-proposal-that,he or-she- shall require that the language of this certification be included in all lower tier subcontracts, which exceed$100,000 and that all such recipients shall certify and disclose accordingly. 22 A10 ATTACHMENT A-EMPLOYMENT PREFERENCE FOR APPAL.ACi IAN CONTRACTS (Applicable to Appalachian contracts only.) 1. During the performance of this contract,the contractor undertaking to do work which is, or reasonably may be,bone as or)-site work,shall give pteference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. C. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1 c shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 2. The contractor shall place a job order with the State Employment Service indicating (a)the classifications of the laborers, mechanics and other employees required to perform the contract work,(b)the number of employees-required in each classification, (c)the date on which he estimates such employees will be required, and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor.is not required to grant employment to any job applicants who, in his opinion,are not qualified to perform the classification of work required. 4. If,within 1 week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not nominally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph I above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be,done as on-site work. 23 A0 AMENDMENT REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACT'S (Exclusive of Appalachian Contracts) . .....Section.. I, General, is supplemented with the following: 7. Section 902 of the American Recovery and Reinvestment Act(ARRA)of 2009 requires that each contract awarded using ARRA funds must include a-provision that provides the U.S. Comptroller General and his representatives with the authority to: '(1)to examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract,that directly pertain to, and involve transactions relating to,the contract or subcontract;and (2)to interview any officer or employee of the contractor or any of its subcontractors, or of any State or local government agency administering the contract, regarding such transactions." The Contractor shall include the following provision in all contracts,subcontracts, and other contracts for services for an ARRA funded project: "Accordingly,the Comptroller General and his representatives shall have the authority and rights as provided under Section 902 of the ARRA with respect to this contract,which is funded with funds made available under the ARRA. Section 902 further states that nothing in this section shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General." "Section 1515(a)of the ARRA provides authority for any representatives of the Inspector General to examine any records or interview any employee or officers working on this contract. The contractor is advised that representatives of the inspector general have the authority to examine any record and interview any employee or officer of the contractor, its subcontractors or other firms working on this contract. Section 1515(b)further provides that nothing in this section shall be interpreted to limit or restrict in any way any existing authority of an inspector general,' Under Section II, Paragraph 8b is revised as follows: The reference to 49 CFR 23 is revised to read 49 CFR 26, Under Section 11, Paragraph 8b is supplemented with the following: The contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin,or sex in the performance of this contract.The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract,which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Amendment to Form FHWA 1273 Revised March 26,2009 1 Under Section 11, in accordance with standard specification 1-08.1(1)and applicable RCWs a new paragraph Sd is added as follows: The contractor or subcontractor agrees to pay each sub=itractor under this prime contract for satisfactory performance of its contract and/or agreement no later than ten(10)days from - the.-receipt of-each.payment the.prime-contractor receives-from WSDOT or-its•sub-reciplents:..... ..... . .. . . . ... . The prime contractor agrees further to return retainage payments to each subcontractor within ten(10)days after the subcontractor's work is satisfactorily completed.Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the WSDOT. This clause covers both,DBE and non-DBE contractors_ Under Section IV,the applicability statement is supplemented with the following: (Applicable to all ARRA funded construction contracts and related subcontracts regardless of location, including projects on local roads or rural minor collectors, and Transportation Enhancement projects outside the highway right-of-way.) Under Section IV, Paragraph 2b(4)is deleted. Under Section IV, Paragraph 4, "and helpers"is deleted from the title. Under Section IV, Paragraph 4a(1),add: The provisions in this section allowing apprentices to-work at less than the.-predetermined rate when they are registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration,or with the Bureau of Apprenticeship and Training,does not preclude a requirement for the Contractor to pay apprentices the full applicable predetermined rate in the event a State Apprenticeship Agency, recognized by the Bureau, has not approved, or withdraws approval, of an apprenticeship program. Under Section IV, Paragraph 4c is deleted. Under Section IV, Paragraph 6 is revised by deleting"helpers"and"helper". Under Section IV, Paragraph 7 is revised by deleting"helpers". Under Section V,the.applicability statement is supplemented with the following: (Applicable to all ARRA funded construction contracts and related subcontracts regardless of location, including projects on local roads or rural minor.collectors, and Transportation Enhancement projects outside-the highway right-of-way.) Under Section V, Paragraph 2a-is revised by deleting"helpers". Amendment to Form FHWA 1273 Revised March 26,2009 2 A6 Under Section V, Paragraph 2b,the first sentence is revised to read: "The payroll records shall contain the name and an individually identifying number(e.g.,the last four digits of the employees social security number)for each such employee; his or her correct ciassification;.hourly rates of wagespaid-(including rates of.contributions.or costs.._ anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B)of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Payrolls shall not include the full social security number and home address of covered workers. Contractors and subcontractors shall maintain the full social security number and home address of each covered worker and shall provide them to the SHA upon request." Under Section V, Paragraph 2d(2) is revised by deleting"helper". Section VI, Records Of Material,Supplies,And labor, is deleted Amendment to Form FHWA 1273 Revised March 26, 2009 3 ATTACHMENT C A16 ATATE OF FLOMDA DEPARTMENT 4F VVINSPOKWfON 2754*1.13 NOTIFICATION TO FOOT OF EEO OFFICER srsuaLoavnnraa for Mail signed original to., FQ0nE22j2=unl!X Office, 605 Suwannee Street-IBIS 65, Tallahassee, Fl 32399-0450 Section 1: COMPANY IDENTIFICATION 1. Contractor Name: 3, Homo Office Malling Address(treet)� d, Name Office hulling Address.(clly,State,Zip)) 5 3o 0. 7Yf6rd 4ubvuE 74M,04 , xG 31611 3 Main Phonelslumber: B. FAX Number: 813 251 g75y Y. What Is b81ng ,Inifia)EEO Officer Notice to FDOT Now Petson� Snted A ohttee chap ed Natna contact Data changed Changed? v Yss0 N Yes Ai® Yes U No Yes No Section 2, EEO OFFICER IDENTIFICATION 8. Name of EEO Officer.(First name, middle initial,last namel 9. EEO Officer's Working Tate'. la na 6,ar % Work AddFQ09 of EEO Q icor:(Sireet) 11, WoM Address of EEO Officer,(city,state,zip) U� .3p.W, fL Sd!^1 "L<:r f?t m ..7Gr rL_ �l 12 EEO Officer Pharta Number: 13. EEO Officer Fax Number: S —14 7E 14. gE0 Off3Cer aittail addro5st Section 3. SIGNATURE OF CORPORATE OFFICIAL As required in the Equal Employment Opportunity Special Provisions Included In Federaily Funded Highway Construction Contracts and as required in the Equal Employment Opportunity Requirements included in all State funded highway construction contracts, this official notice of EEC? Officer appointment (andilor update) is made to the Florida Department of Transportation and the U.S. Federal HighWay Administration(FHWA). I understated that additional Information regarding the EEC?Officer, the EEO Policy and other aspects of the construction contract compliance program may be found in the EEO Construction Contract Compliance Workbook. 15.Appointing oHiclVs Signature: f 6.€lato:(410lDoylYr.) M Otlloi irs Name;1printed) f&.o ficixt's TRIO;(orinied) (This Section For FDOT Use)Section 4: Processing of Notification 19. Processed by:(Flral and t.asl Name) 20.Oaieprocnss:d:(mnl�iayryr) USTR€BUTION: Nginal to FOOT Cenlrat EO Circa wiles:Copy:Mai'ad to Ccr,Vacler UPDATE ACTION: login In coo 5 stem 27502 s-13 EQUAL ORPORTUNfPY 09ti37 - State of Florida Mepartment of Transportation EEO Officer Notification This form is used by contractors to communicate the appointment of an EEO Officer and to.provide EPO Of€lcer Contact data. The form is also used to update that information in the event of new appointees, name changes or contact data changes. Refer to the EEO. Construction Contract Compliance Workbook and the FDOT contract for compliance program requirements and instructions. The contractor mails original of the-completed form to FDOT Equal Opportunity Offer 605 Suwannee Street-MS 65 Tallahassee, FI 32399-0450 A copy of the form is returned to the contractor upon completion of processing by FDOT General: Complete all boxes each time this form is submitted Section 1e Proiect 1de tification Box 1 Contractor Name The name of the contractor. Box 2 FEID No.-The contractor's Federal Identification Number Box 3 - Horne Office Mailing Address (Street) - The contractor's home office street address; if the business' home office is outside of Florida, indicate the address of the.Florida Home Office. Box 4- Home Office Mailing Address (City-, State, Zip) -The contractor's home office city, state and zip cede; 9 the business' home office is outside of Florida; indicate the address of the Florida Horne Office. Box 5 Main Phone No.-Area code and phone number contractor's main business phone Box 5 Fax Number No. -Area code and phone number contractor's riiain fax Box 7 What is. Being Changed? - Mark 'Yes' cir 'No" to indicate if this is the company's initial submission of EEO Officer information; If a new person has been appointed as EEO Officer, If the appointee of record had a name change;and if the appointee's contact data is being updated. Section 2: EEO Officer Identification. Box S Name.of EEO Officer First name, middle initial and last name of EEO Officer Box 9 EEO Officer's Working Title-Job title if the EEO Officer has other duties(e.g. Treasurer, Manager of Contract Services,etc) Box 10 Work.Address of EEO Officer(Street)-Address of EEO Officer's office Box 11 Work Address of EEO Officer(City, State,Zip)=Address of EEO Officer's office. Box 12 EEO Officer Phone Number-Area.code and phone number for EEO Officer Box 13.EEO Officer Fax Number-Area code and fax number for EEO Officer. Box 14 EEO Officer email address--EEC Officer Email address Section 3: Signature of Cor orate Official Box 15 Appointing Official's Signature--Signature of Company Official responsible for EEO Officer Appointment Box 16 Date(Mo/Day/Year)-Date appointing official signs this Notification form Box 17 Official's Name (printed)-printed first name and last name of person signing Box 75 Box 18 Official's "title(printed)-Printed title of person signing Box 15 (e.g. President, CEO, etc) Section 4. Processirt of NotiffcatiM This section is completed by FDOT Box 19 Processed by-- First and last name of person processing.the Nofification Box 20 Date Processed-date processing is completed STATE OF Fl.Lt DA EtFPPAFtTMENT OF TF"SPORTATIQN - - 275-mi*5 RECORD OF SUPERVISORY AND OFFICE PERSONNEL EauaL nrapaxruN atWro7 EEO MEETING OR INDIVIDUAL ORIENTATION 1. COMPANY NAME: 2. DATE OF MEETING(MMfY); 3. PEID#OR FOOT VENDOR#; 4: NAME OF EEO OEPICER:. S. CHECK TYPE OF MEETING: b. ADDRESS'94 HERE MEETING HELD, ❑ INDIVIDUAL ORIENTATION ❑ EEO MEETING 7. EEt3 89F ICER'S CERTIFICATION- The signature of this Company's EEO Officer is certification that an individual orientation or meeting was held with supervisory personnel and others involved in personnel matters to address all aspects of our equal employment opportunity (EEO)obligations. The major topics were addressed and a signed,attettdahee record was made. SiGNATt RE', ,EEO OFFICER S. MAJOR TOPICS ADDRESSED: ✓EEO Poky and Affirmative Action flan ✓Bulletin Boards ✓Identification of EEO Of icer ✓Interviews by State and Federal representatives ✓Equal Employment Opportunity and recruitment ✓Training oppartunitics ✓Wages and Payrolls ✓Complaints ✓Utilization ofDisadvantaged Businesses -9. ATTENDEES: PRINTED NAME AND TITLE SIGNATURE AMICAAUDITIONAL PAGES IF NECESSARY 1�g ATTACHMENT D AO General Recision Number: FL 130200 01/04/2013 FL200 Superseded General Decision Number: FL20120200 State: Florida Construction Type:-Highway Counties: Glades, Hardee,Hendry and Monroe Counties in Florida. HIGHWAY CONSTRUCTION'PROJECTS Modification Number Publication Date 0 01/04/2013 SUFL2009-196 08/05/2009 Rates Fringes CARPENTER, Including Formwork....$ 11.97 0.00 CEMENT MASON/CONCRETE FINISHER...$ 10.05 0,00 LABORER: Asphalt Raker..........$ 9.75 2.19 LABORER.: Common or General......$ 9.94 0.00 LABORER: Flagger................$ 9.43 0.00 LABORER: Pipelayer..............$ 8.33 0.00 OPERATOR: Backhoe/Excavator.....$ 10.42 0.00 OPERATOR: BuIldozer.............$ 11.69 0.00 OPERATOR: Distributor...........$ 10.38 0.00 OPERATOR: Grader/B lade..........$ 13.78 0.00 OPERATOR: Loader................$ 10.33 0.00 OPERATOR: Milling Machine...__..$ 10.08 0.00 OPERATOR: Oiler.................$ 9.58 0.00 OPERATOR: Paver.................$ 11.59 2.10 OPERATOR: Roller................$ 10.23 0.00 OPERATOR: Screed................$ 11.70 0.00 MA3 Me;///Clj/...20A/Front°/a2OEnd%2OSpecifications/Attachments°/a20to%20form%20005001Davis%20%20Bacon°/n20Wage%2ODeterminadon.txt[5/7/2013 8:46:16 AM] OPERATOR: Tractor...............$ 8.15 0.00 TRUCK.DRIVER.: 4 Axle Truck......$ 11.18 1.60 TRUCK DRIVER: Lowboy Truck......$ 11.86 0.00 TRUCK DRIVER:Dump Truck.........$'17.00 0.00 ----------------------..__--------------_---_-------------------.. WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications fisted may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (i i)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of"identifiers"that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union. classification and rate have found to be prevailing for that classification. Example: PLUM0198-005-07/01/2011. The first four letters ,PLUM, indicate the international union and the four-digit number, 0198,that follows indicates the local union number or district council number where applicable , i.e., PIumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1,2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999:weighted union wage rates will be published annually each January. A49 BIe.///UI/...20A/Front%o20End%20Specifications/Attachments%20to%20form%20005fl6/l)avis%20%24Bacon%2OWage%20Detemination.txt[5/7/2013 8:46:16 AM) Non-Union identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however,the data used in computing these rates may fncludc both_'uriion and non-union data. Example. SULA2004-007- 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. ---__-_.---__-___...----------------------------------- --------- 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 * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.)should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue,N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes,then an interested party(those affected by the action) can request review and reconsideration from the Wage and Hour Administrator filet//Ul/...20A/Front"/o2OEnd°/o2OSpecifiications/Attachments%20to%2Oform%2©00500/Davis%20°/©2OBacon%2OWage%2ODetermination.txtpn/2a13 8:46:I6 AM] (See 29 CFR fart 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue,N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data,project description, area practice material, etc.)that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to- Administrative Review Board U.S. Department of Labor 200 Constitution Avenue,N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION file://fUl/...20A/Front°/420End%20Specifications/Attachments%20to%20form%2000500/Davis%20%20Bacon%20Wage%2GDetermination.txt[5/7/2013 8:46;16 AMJ Old SR 940 Les A(Watson Bridge)Repair INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Workers Com. ensation/EL $250,QOO Each. Accident:/Person General Liabilj y $ 50,000 Each Occurrence Vehicle Liability $ 0 Liability policies are X Occurrence Claims Made Aon Risk Services Central, Inc. Insurance Agency Signature Barbara L. Rutter, Assistant Vice President BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and willcomply in full with all the requirements. AMEr-iCA0 BRIDGE COMPANY iv1AC2l` BELL Bidder Signature 4/29/2013 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-5 Old SR 9401,eg A.Matson Bridge)Rgpair Bidder's Insurance,Statement The Insurance requirements are set forth in Section 00900 of the project manual as follows: lns�rance Re uar-ement Limits Worker's Compensation Statutory Limits Employer's Liability WC3 $1,000,000/$1,000,000/$1,000,000 WCUSLH Same as Employers Liability WCJA Same as Employers Liability General Liability GL3 $500,000 per persona; $1,000,000 Per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit GLXCU *Required Endorsement Underground,Explosion and Collapse (XCU) Vehicle Liability VL2 $200,000 per person; $300,000 per occurrence (Owned,faired and $200,000 property Damage Non- owned Vehicles) or $300,000 Combined Limit I understand the insurance that will be mandatory if awarded the contract and will comply in full with all these requirements. All insurers shall Dave an A.M.Best rating of VI or better and shall be Iicensed to do business in the state of Florida. American Bridge-Company Mark ell, Vlce re kdent June 19, 2013 Name of Business Signature Date .ire 4/29/2013 BID PROPOSAL 00110-11 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-D10-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT Duos Page 1 FPN: 430193-1 Fund: FLAIR Approp: Federal No: J_ 0 64-- Oo i _ Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No: q10 Contract No: f4 G 31 _ Vendor No: V F 5j6 aoo 75n111 Data Universal Number System (DUNS) No: 80-939-7102 Catalog of Federal Domestic Assistance(CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this 3Ll day of .20)) by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agent f the State of Florida, hereinafter called the Department, and Monroe County hereinafter called the Agency. WITNESSETH.- WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Old SR 940 Leg A Bridge Repair Project and as further described in Exhibit "A"attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s)A& B are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. Removal of Any Unbilled Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project), Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP projects. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCtiONSUPPORT 02l09 Page 2 Removal of All Funds If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the Agency, and the project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Local Agency. No state funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before October 1, 2013. If the Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration (FHWA)may require. 3.00 Project Cost: 3.01 Total Cost: The total cost of the project is $ 860,760. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal- aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;and d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-40 LOCAL AGENCY PROGRAM AGREEMENT PftODUCTIONSUPPORT ozros Page 3 contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice- to-Proceed from the Department. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. if any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT orta9 Page 4 The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the FOOT's Office of Inspector General (OIG), and the Chief Financial Officer(CFO) or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds (i.e., state, focal government or non-profit organizations as defined in OMB Circular A-133, as revised)are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II - State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (1), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non-state entities. State financial assistance does not include federal direct or pass-through awards and resources received by a non-state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part 11, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52&010•40 LOCAL AGENCY PROGRAM AGREEMENT PROOUCTIONSUPPORT ovos Page 5 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV- Report Submission: 1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Mr. Daniel Iglesias, P.E. Senior Project Manager Florida Department of Transportation 1000 111 th Avenue Room 6251 Miami, Florida 33172 b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 101h Street Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards directly to each of the following: Mr. Daniel Iglesias, P.E. Senior Project Manager Florida Department of Transportation 1000 111th Avenue Room 6251 Miami, Florida 33172 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 625-010.40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT o2ros Page 6 financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: Mr. Daniel Iglesias, P.E. Senior Project Manager Florida Department of Transportation 1000 111th Avenue Room 6251 Miami, Florida 33172 3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): (Mr. Daniel Iglesias, P.E. Senior Project Manager Florida Department of Transportation 1000 111th Avenue Room 6251 Miami, Florida 33172 b) The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: a) The Department at each of the following address(es): Mr. Daniel Iglesias, P.E. Senior Project Manager Florida Department of Transportation 1000 111th Avenue Room 6251 Miami, Florida 33172 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. 5.06 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the project. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52"M40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION5UPPORT Page 7 The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida Statutes). 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency roust submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1)(a), Florida Statutes). All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3-`Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.07. 7.05 Default; The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit Z'for the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT ozros Page B 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120-day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. (a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty(30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period, the Department may either(1) immediately terminate the Agreement as set forth in paragraph 8.(b) below, or(2) take whatever action is deemed appropriate by the Department to correct the deficiency. in the event the Department chooses to take action and not terminate the Agreement,the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. (b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. (c) If the Agreement is terminated before the project is completed, the Agency shall be paid only for the percentage of the project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress will become the property of the Department and will be turned over promptly by the Agency. 8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise(DBE) Policy and Obligation: It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT ozro9 Page 9 financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the Agency agrees that: (a) Each financial assistance agreement signed with a US-DOT operating administration (or a primary recipient) must include the following assurance: 'The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)." (b) Each contract signed with a contractor(and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate." 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to snow the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI — Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION5UPPORT am Page 10 Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA,the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency,the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01640 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 02/09 Page 11 individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04. How Agreement Is Affected by Provisions Being Held invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA- 1273 in all its contracts and subcontracts. 13.08 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right-of-way is required. 13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose. 13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.12 Restrictions on Lobbying: Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTlONSUPPORT o2ros Page 12 Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ❑ will ❑ will not maintain the improvements made for their useful life. 13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher)to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-413-5516 or by calling the State Comptroller's Hotline, 877-693-5236. 13.15 Reimbursement of Federal Funds: The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds,the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. Federal Economic Stimulus awards do not exempt the Agency from adherence to federal guidelines, procedures, and regulations. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUC710NSUPPORT om Page 13 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY Mon un Florida STATE OFF DE ENT OF TRANSPORTATION By: By: Na : Hea er arruthers NamHoo A.Desdunes,P-E Ti : May Title. Dj Wpk-dwotTransp Dw t Attest: Attest: Title " Title: CK As to foft. Legal Review: JW IMIA Attorney—Ass f V. Coun A Office of the General Counsel I�_j3011D See attached Encumbrance Form for date of funding approval by Comptroller. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-10 LOCAL AGENCY PROGRAM AGREEMENT PRDOUCTiON5UPPORT 09106 Page EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 430193-1 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Monroe Count Dated PROJECT LOCATION: The project is X`is not on the National Highway System. The project is X_is not on the State Highway System. PROJECT DESCRIPTION: The project will consist of engineering design, permitting and construction of repairs to Bridge#904310 Old 5R 940 Leg A bridge. The work will include demolishing and replacing some or all of the deck, repairing concrete abutments and retaining walls and performing repairs to the bank protection. Metal guardrails and the bridge railing will be upgraded to meet current FDOT design standards. Construction engineering and inspection services are also included in the scope of the project costs. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by b) Design to be completed by June 30, 2012.„_ c) Right-of-Way requirements identified and provided to the Department by d) Right-of-Way to be certified by June 30, 2012. e) Construction contract to be let by September 1, 2012. f) Construction to be completed by June 30 2013, If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 08l06 Page EXHIBIT "B" SCHEDULE OF FUNDING Monroe County FPN: 430193-1 c/o Engineering Department 1100 Simonton Street Key West, Florida 33040 PROJECT DESCRIPTION Name: Old SR 940 Leg A,Bridge#904310 Length: 28 ft Termini: FUNDING {1) (2) (3) TOTAL AGENCY STATE& TYPE OF WORK By Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS Planning 2011-2012 2012-2013 2013-2014 .................................................................................................... .................................................................................................. . ...,,_ Total Planning Cost Project Development&Environment(PD&E) 2011-2012 2012-2013 2013-2014 ............................................................. ......... ........ Total PD&E Cost Design 2011-2012 99,000 _ 99,000 2012-2013 2013-2014 Total Design Cost 99,000 99,000 Right-of-Way 2011-2012 2012-2013 2013-2014 Total Right-of-Way Cost Construction 2011-2012 2012-20139,,,�, 602 40 662.400 2013-2014 Total Construction Cost 662,400 662,400 Construction Engineering and Inspection(CEI) 2011-201 2012-2013 99,360 99,360 2013-2014 •• Total CEI Cost 1 99,360 1 1 99,360 Total Construction and CEI Costs 761,760 761,760 TOTAL.COST OF THE PROJECT 860,760 860,760 The Department's fiscal year begins on July 1. For this project,funds are not projected to be available until after the 1 st of July of each fiscal year.The Department will notify the Agency, in writing,when funds are available. Perez, Sarah To: Reyna, Alfredo Subject: FW: Contract AQE31 -Monroe County - FM 430193-1-38-01 FAP 00136-001 -Old SR94/Leg A Bridge FYI... From: Perez, Sarah Sent: Friday, August 26, 2011 9:27 AM To: Benitez, Hong; Iglesias, Danny Cc: Cann, Leigh; Medico, Peter J.; Alvarez, Teresita; Desdunes, Harold; Alvarez, Ana; Caminiti, Gina; Glass Johnson, Linda; Martin, Michele Subject: Contract AQE31 - Monroe County - FM 430193-1-38-01 FAP 0066-001 - Old SR94/Leg A Bridge Please be advised that contract AQE31 with Monroe County has been approved. Proceed to have the contract sign by legal/director and provide a copy to this Office To execute the contract in CFM. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #AQE31 Contract Type: AK Method of Procurement: G Vendor Name: MONROE COUNTY Vendor ID: VF596000749114 Beginning date of this Agmt: 08/16/11 Ending date of this Agmt: 10/01/13 Contract Total/Budgetary Ceiling: be = $860,760.00 Description: Old SR 940/LEG A, Bridge # 904310 rehabilitation LAP Agreement with Monroe County ************************************************************************ ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS ************************************************************************ Action: ORIGINAL Funds have been: APPROVED 55 063030649 *PD *790089 * 99000.00 *43019313801 *215 *20.205 2012 *55100100 *088849/12 0001 *00 * *0001/04 ------------------------------------------------------------------------ TOTAL AMOUNT: *$ 99,000.00 * -----------------------------------------------------___---------------- FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 08/16/2011 Sara ggr p Florida Department of Transportation' J.