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Item C12
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 of a contract with Parsons Brinckerhoff, Inc. for Construction Engineering and Inspection(CEI) services 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: The County requires the services of a CEI consultant to perform inspection service during construction of repairs to county bridge #904310 Old SR 940 Leg A (Watson Boulevard)bridge. 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. BOCC approved a task order with CH2MHILL for Engineering Design and Permitting Services at the September 2011 meeting. The BOCC approved advertising an RFQ for CEI services in February 2013. BOCC approved negotiating a contract with Parsons Brinckerhoff, Inc., the highest ranked respondent at the May 2013 meeting. CONTRACT/AGREEMENT CHANGES: Contract attached. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $94,287.45 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: not applicable COST TO COUNTY:, SOURCE OF FUNDS: FDOT LAP REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year 04L �., �� APPROVED BY: County Atty OMB/Purchasing Risk Management A° DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Parsons Brinckerhoff Contract# Effective Date: July 17, 2013 Expiration Date: Contract Purpose/Description: Construction Engineering Eng*eering and Inspection(CEI) services 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: $ 94,287.45 Current Year Portion: $ 45,000 Budgeted? Yes X No Account Codes: : _ w ji I w > Grant: $ 94,287.45 - - - - 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 Division Director In Need /� viewq, _. "��� ���������„������Yes WE] Xl)Risk Management Yes❑ No "' O.M.B./Purch sing _*13 Yes[:] No re w U ` -� County Attorney Cp l., Yes[:] Nol Comments: OMB Form Revised 2/27/01 MCP#2 AGREEMENT FOR CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR THE OLD SR 940 LEG A (WATSON BOULEVARD) BRIDGE REPAIR PROJECT This Agreement ("Agreement") made and entered into this 17th day of July, 2013 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND Parsons Brinckerhoff, Inc., a Corporation of the State of New York, whose address is One Penn Plaza, New York NY 10119 its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT construction engineering and inspection (CEI) services for the Old SR 940 Leg A (Watson Boulevard) Bridge Repair Project; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing construction engineering and inspection (CEI) services for the Old SR 940 Leg A (Watson Boulevard) Bridge Repair Project, which services shall collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The CONSULTANT shall complete the scope of services no later than 30 days after Final Completion of the Old SR 940 Leg A (Watson Boulevard) bridge repair project by the construction contractor. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consists of those described in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Kenneth B.Spillett, P.E. Senior Vice President Parsons Brinckerhoff, Inc. 2202 North West Shore Boulevard, Suite 300 Tampa, Florida 13607 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4-3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become avvGr8 of any fault or defect in the Project or non- conformance with the Agreement [}oouDl8ntS. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4'4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work ofthe contractors. 4.5 The C[)UNlFY'a review of any documents prepared by the CONSULTANT or its auboonau|tanby shall be solely for the purpose of determining whether such documents are Q8n8[a||y consistent with the CDUNTY'S Crite[iG, as, and if. modified. NO review of such d0cUol9ntS ah@|| relieve the CONSULTANT Of responsibility for the 8CCur8ny. adequacy, fitneeo, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may beofassistance tu the CONSULTANT that the COUNTY has immediate access to will be provided oorequested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold hornn|eS8 COUNTY/Monroe County and Monroe County Board of {}nunh/ COmmiaoionere, its officers and employees from liabilities, damages, losses and CoetS' including but not limited to, reasonable attorneys' foem, to the extent caused by the negligence, [ech|8sSneSS, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT 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. Should any o|ainno be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and 8h8|| further defend any c|8i[D or action on the C[>UNTY'8behalf. 5'3 In the event the completion of the project (to include the work of others) is delayed or suspended as u result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT Sh@|| indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims beasserted against COUNTY by virtue of any deficiencies Or ambiguity in the p|8DS and specifications provide by the CONSULTANT the CONSULTANT egnaea and warrants that CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Marilynn Schmuki, P.E. & Matt Burrell, P.E. Senior Project Engineer Porn Chakkaphak. P.E. Senior Project Engineer Keith Duke &Andrew King Project Administrator Michael White Project Administrator Mahmood Fahs Senior Inspector Jhon Silva Senior Inspector So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT'S performance of this Agreement based on the rates outlined in Attachment B. The Total Not to Exceed Amount of Ninety-four thousand Two Hundred Eighty-seven Dollars and Forty-Five Cents ($94,287.45) will apply to this Agreement. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. /A\ If the CONSULTANT'S duties, obligations and responsibilities are DlRt8h8|k/ changed by amendment to this Agreement after execution of this Agreement, cOnnp8naoUon due to the CONSULTANT ahoU be equitably adiVsted, either upward ordownward; (B) AS 8 condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3'1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest 0f the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.081' Florida Statutes; b. Cost Of reproducing maps ordrawings or other materials used in performing the scope ofservices; u. Postage and handling ofreports; 7.4 BUDGET 7'4'1 The CONSULTANT may not be entitled tu receive, and the COUNTY ia not obligated tO pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year(October 1 - 8eote[nber3O) by COUNTY'o Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board 0f County Commissioners. 7'4'2 The C{)UNTY'a performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval 0f the Board members et the time of contract initiation and its duration. ARTICLE Vill INSURANCE 8'1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall ba provided byen insurer with enA.K8. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (OO) days notice to the COUNTY prior toany cancellation of said coverage. Said coverage shall ba written bven insurer acceptable t8 the COUNTY and shall b8in8 form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Gtatute44U. B. Employers Liability Insurance with limits of $100.000 per Accident, $500'000 Disease, policy limits, $1O8.00O Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering do|nle for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite opanatione, and owned, hired Or non-owned vehicles, with $200,000 per person, $300,000 per [>CCu[[8nCg. $3OO.00O Property Damage Or$3OO'000 combined single limit. D. COnnrnoroia| general liability, including Personal Injury Liability, covering C|ainOS for injuries to nn8mmb8nS of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its emp|oyeem, agents or subcontractors oroubconou|tente. including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and o Blanket Contractual Liability Endorsement with $300.00 per Person, $500,00 per Occurrence, $200,000 Property Damage or $500,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided On @ Claims KA8d8 po|iuy, its provisions ShOU|d include coverage for claims filed on or after the effective data of this COnU@Ct. /n @ddition, the period for vvh(Ch C|8iOla may be reported nnVSL extend for a minimum of 48 months fn||OvvinQ the termination or expiration of this contract. E. Professional liability insurance of$300,000 per occurrence and $500,000 annual aggregate. If the policy iSo "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail"to cover claims made after completion of the projecttu cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT ahe|| require its aubconau|tanta to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for eubConou|tants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. i If the CONSULTANT participates in @ self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9-1 SECTION HEADINGS Section headings have been inserted in this Agreement as e 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. 9-2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9'3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agraenment, except in writing and with the prior written approval of the Board Of County Commissioners for yW0n[0e County and the CONSULTANT, which approval Sho|| be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any 8SSigDnOGnt or euboohtraot and any assignee or subcontractor shall CnDlp|y with all Of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itoe|f, its eucoeaoona, assigns and legal representatives to the other and to the aucoeSSorS, assigns and legal representatives of such other party. 9'4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, c0Dtn8ntu2| Or othenwiao, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days vVriUBO notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (00) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Oue|ificaUone, any addenda, the Form of Agreement (Articles |-|>{\. the CONSULTANT'S response to the F7FO, the documents referred to in the Form of Agreement GS 8 port of this Agreement including attachments A through E' and modifications made after execution by written amendment. In the *vent of any conflict between any of the Contract documents, the one imposing the greater burden oD the CONSULTANT will control. 8'7 PUBLIC ENTITIES CRIMES A p8rSOO or affiliate who has been p|8C6d on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods Or services to o public entity, may not submit a bid on 8 contract with a public entity for the construction or repair of public building or public work, may not submit bids on leases of real property to public entitv, may not be awarded or perform work as a oontro[tor, sUpp|i8r, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in enoeea of the threshold amount provided in Section 287.D17uf the Florida Statutes, for CATEGORY TWO for G period of 38 months from the date of being placed on the convicted vendor list. By signing this Agnaemnent. CONSULTANT represents that the execution of this Agp8annen[ will not violate the Public Entity Crimes Act (Section 287.133. Florida Statutes). Violation of this section Sh8|| result in termination of this Agnsnnnont and recovery of all monies paid hereto, and may neSU|t in debarment from C[>UNTY'S competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no deterrDiO8tion, based on an audit, that itOr any oubc0nau|t8nt has committed on act defined by Section 287.133. Florida 8totutes, as a "public entity crime" and that ithas not been formally charged with committing on act defined as o "public entity crime" regardless of the 80OuDt of money involved or whether CDNUGULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or omboonsuyantis formally charged with mn act defined mmm "public entity crime" mr has been placed om the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, r8COnJG, and documents directly pertinent to performance under this Agreement in @CcOnj@nu8 with generally accepted accounting principles consistently applied. Records shall be retained for period of five years from the termination of this agreement. Each pmdv to this Agreement or its authorized representatives shall have reasonable and Unna|y aooeae to such records of each other podv to this Agreement for public records purposes during the barrn of the Agreement and for four years following the termination Of this Agreement. |fgn auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agnaement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03. of the Florida 8totutea, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Aoreanne[d eheU be governed by and construed in accordance with the |avua of the State of Florida applicable to contracts made and to be performed entirely in the State. /n the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreennent. COUNTY and CONSULTANT agree that venue shall lie|ie in the 16 Judicial Circuit, Monroe County, Florida, in the appropriate court orbefore the appropriate administrative body. This agreement shall not besubject to arbitration. 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. 9-10 SEYyERAB|LITT If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance orperson) shall be declared invalid or unenforceable to any extent by a court of competent juriSdi{tiOO, the remaining terrna, covenants, conditions and provisions of this Agreennent, shall not be affected thereby; and each remaining terrn, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by |avv unless the enforcement of the remaining terms, C0venontS. conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes ao close aa possible to the intent Vf the stricken provision. 9'11 ATTORNEY`S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or 8dnniniStn3Uv8 proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreennent, the prevailing party shall be entitled to reasonable mtt0rney'Sfees, court costs, investigative, and out-of-pocket expenses, GS an award against the non-prevailing party, and ahm|| include aUorney'o fees, courts costs, investigative, and out-of-pooket expenses in appellate proceedings. 9.12 BINDING EFFECT The barnna. ooven8ntS. conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the exeuution, delivery and performance of this Agreement have been duly authorized by all OSCeSS8ry County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each Sh@|| be, and is, gnlpovv8n8d to apply for, eeeh, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations mh8|| be approved by each party prior Losubmission. 9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements eheU be attempted to be naao|vad by meet and confer sessions between representatives of each of the parties. ifnV resolution can be agreed upon within 3O days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. |f the issue or issues are still not resolved to the satisfaction of the partiee, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida |ovv. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination orcancellation. 9.16 COOPERATION In the event any administrative or legal proceeding in instituted against either p8dx relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to purticipate, to the extent required by the other party, in all proueedinga, heorinQo, pnooeeaaa, meetinga, and other activities related to the substance of this Agreement or provision of the oen/iuee under this Agreement. COUNTY and CONSULTANT specifically agree that nV party t0 this Agreement shall be required to enter into any arbitration proceedings related tn this Agreement. 9'17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action On the part of any podv, effective the date of the court order. CONSULTANT OrCOUNTY agrees to comply with all Federal and Florida statutes, and all /oCG| Ordinanc8S, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title V| of the Civil Rights Act of 1984 (PL 88-352) which prohibits discrimination on the basis of race, color or n@tiOD3| origin; 2) Title |)( of the Education Amendment Of 1972. as amended (20 USC oa. 1081-1683. and 1885-1086)' which prohibits discrimination on the basis of sex; 3\ Section 504 of the Rehabilitation Act of 1873, as amended /20 UGC s. 784\' which prohibits discrimination on the basis Of handicaps; 4) The Age Discrimination Act uf1875. am amended /42UGCoe. O1O1-01O7\ which prohibits diSc[iOOin8bOO On the basis of age; 5) The Drug Abuse {}fDC8 and Treatment Act Of 1972 (PL 82-255), as annended, relating to nondiscrimination on the basis of drug abuse; O) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-016). as anoended, relating to nondiscrimination OO the basis of alcohol abuse or alcoholism; 7\ The Public Health Service Act of 1912. ao. 523 and 527 /42 U8C oa. 090dd-3 and 290ea-3\. as annended, relating to confidentiality of 8|C0hO| and drug abuse patient records; 8\ Title V||| of the Civil Rights Act of1SO8 (42 U8C 8. e[Seq.). as 808Oded, na|8tiOg to nondiscrimination in the sale, rental or financing of housing; S\ The Americans with Disabilities Act of 1890 /42 UGC o. 1201 Note\, as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) MODn}B County Code Chapter 13, Article V|, which prohibits discrimination on the basis ofrace, color, sex. PB|igiOn. O8bono| origin, anoestry, sexual orientation, gender identity or expression, tgrni|ia| status or age; 11\ Any other nondiscrimination provisions in any Federal or state St@tUf8S which may apply tO the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not 8Cqu|n3 any intgrgpt, which vvnu|d conflict in any manner or degree with its pedh[[DgnCg under this AgnSenngOL and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.18 CODE OF ETHICS COUNTY agrees that u#ioere and ennp|nyeao 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 Stotutaa, naQanding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; OniSuSo of public poaition, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itse|f, it has neither employed nor retained any company or peroon, other than o bona fide employee working solely for it, to solicit 0r secure this Agreement and that it has not paid or agreed to pay any persVD, oonnpony, oorporoUun, individuo|, or firm, other than o bone fide employee working solely for it, any hse, oomnn|eaion' percentage, gift, or other consideration contingent upon or resulting from the award or making Uf this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY oho|| have the right to terminate this Agreement without liability and, at its discretion, to offset from monies ovved, or otherwise reoover, the full amount of such fee, oVnonniesion, percentage, gift. or consideration. 9.21 PUBLIC ACCESS. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection Of. all documents, papers, letters or other materials in its possession or under its control subject to the provisions Of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY Sh8|| have the right to unilaterally cancel this Agreement upon violation Of this provision by CONSULTANT. 9'22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 788.28. Florida 8tmtutee, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any oonnnneruia| 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 cnveraQe, nor ahe|| any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of 0ffiCene' 8g8nta, or employees of any public agents Or employees of the CUUNTY, 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 ofhomna, agents, volunteers, Or employees outside the territorial limits nf the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor oho|| it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by |ovv except to the extent of actual and U[De|y performance thereof by any participating entitv, 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 oono[itution, state statute, and case law. 9.25 NON-RELIANCE B1yNON-PARTIES No person or entity Sho|| be entitled to rely upon the ternns, 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 CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent. officer, or employee of either shall have the authority to inhJrrn. COuns8|. Or O[h8nwioa indicate that any particular individual or group of individuals, entity Or eOtiUeS, have oDt|t|ennante 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. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably nequire, including e Public Entity Crime Statement, on Ethics 8totennmnt, and a Drug- Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution Ofo truth in negotiation certificate stating that wage rates and other factual unit ooe1a supporting the compensation pursuant to the Agreement are aocunate, oonnp|ete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inacounate, inconop|eha, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end 0f the Agreement. 9.27 NKJ PERSONAL LIABILITY No covenant or agreement contained herein eho|| be deemed to be e covenant or agreement of any member, 0MiC8[, agent or employee of Monroe County in his Or her individual capacity, and no member, officer, agent o/ employee of Monroe County Sh8|| be liable personally on this Agreement or be subject to any personal |hsti|dv Or accountability bv reason Of the execution of this Agreement. 9.28 EXECUTION |000UNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an origina|, all of which taken together ahu|i constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OG3L[GAT|CJPd It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and otoha |gvvs and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE'nhave the Opportunity to participate in the performance of this Agreement. In this r8g8Pd, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state |exva and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of cuntr8CtS, entered pursuant to this Agreement. 9'30 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. a). Appendix I of the FDOT Standard Professional Services Agreement is included as AttechnnentC. b). The CONSULTANT and any sub-consultants shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of4SC.F.R. Part 2Ointhe award and administration 0fDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this cont[@ct, which may result in the termination of this contract or such other remedy ga the COUNTY deems appropriate. o). CONSULTANT will CO[Op|y, and ensure its sub-consultants will oonlp|y, with the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exo|uaion — Lovvar Tier Covered Transactions in4S C.F.R. Part29. when applicable. d). Equal Employment Opportunity: |n connection with the carrying out of any project, [h8 CONSULTANT shall not discriminate against any employee or applicant for employment because of race, @A8. n3|igiOD. Co|or, sex n8bDn8| origin, disability or nnnrifa| status. The CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their rooe, age, religion oo|ur. gender' D8tiOOa| origin. disability or marital status. Such action shall include, but not be limited to, the following: employment upgnading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. e). The CONSULTANT and all sub-consultants agree to utilize the U.S Department Of Homeland Security's E-verify System to verify the employment eligibility of all new employees hired bv the CONSULTANT or sub-consultants during the term ofthe contract. f). The CONSULTANT will complete and submit the FD[)T Anticipated DBE Participation Statement Form No. 275-O3O-11Ato identify DBE participation ea outlined in Paragraph S.2S. Disadvantaged Business Enterprise (DBE) Policy and Obligations, of the Contract for Professional Services. FD(}T has a race neutral program with en8.096goal. g\. The CONSULTANT will adhere t0 all applicable requirements outlined iD the Local Agency Program (LAP) Agreement between FDDT and Monroe County for this project. A copy ofthe Agreement io included aa Attachment O. h). The CONSULTANT will complete and submit the Certification of Disclosure of Lobbying Activities on Federal Aid Contracts and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts included as Att8chnnan[ E. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COK8K0|SS|Q0ER0 Attest: AK8Y HEAV|L|N, Clerk OF 80ONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Date: (Seal) PARSONS BRINCKERHOFF� INC. Attest: BY: By: Title: END OF AGREEMENT h0ONROE COUNTY ATTORNEY APPROVED AS TO FORM: ATTACHMENT A SCOPE OF SERVICES 1.0 The Consultant shall provide Construction Engineering and Inspection Services for the Old SR 940 Leg A (Watson Boulevard) Bridge Repair project. The Consultant shall exercise their independent professional judgment in performing their obligations and responsibilities under this Task Order. Pursuant to Section 4.1.4 of the FDOT's Construction Project Administration Manual (CPAM), the authority of the Consultant's lead person, such as the Senior Project Engineer, and the Consultant's Project Administrator shall be identical to the Department's Resident Engineer and Project Administrator respectively and shall be interpreted as such. Services provided by the Consultant shall comply with the LAP requirements, FDOT manuals, procedures, and memorandums in effect as of the date of execution of this Agreement unless otherwise directed in writing by the County. The Consultant 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 Consultant during the term of the Contract and shall expressly require any subconsultants 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 subconsultant during the Contract term. 2.0 LENGTH OF SERVICE: The Consultant services for the Construction Contract shall begin upon written notification to proceed by County. The Consultant Senior Project Engineer will track the execution of the Construction Contract such that the Consultant is given timely authorization to begin work. While no personnel shall be assigned until written notification by the County has been issued, the Consultant shall be ready to assign personnel within two weeks of notification. For the duration of the project, the Consultant shall coordinate closely with the County and Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in scheduling of Contractor activities. For estimating purposes the Consultant will be allowed a maximum of thirty working days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed and a maximum thirty calendar days to demobilize after final acceptance of the Construction Contract. Construction Contract Estimate Bid Date Start Date Duration June 19, 2013 August 5, 2013 (est) 120 days 3.0 DEFINITIONS: A. Resident Engineer: The Engineer assigned to a particular Project or area to administer Construction Contracts for the County. B. Construction Project Manager: The County employee assigned to manage the Construction Engineering and Inspection Contract and represent the County during the performance of the services covered under this Agreement. C. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. D. Consultant: The Consulting firm under contract to the County for administration of Construction Engineering and Inspection services. E. Agreement: The Professional Services Agreement between the County and the Consultant setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. F. Consultant Senior Proiect Engineer: The Engineer assigned by the Consultant to be in charge of providing Construction Contract administration for one or more Construction Projects. This person may supervise other Consultant employees and act as the lead Engineer for the Consultant. G. Consultant Project Administrator,: The employee assigned by the Consultant to be in charge of providing Construction Contract administration services one or more Construction Projects. H. Contractor, The individual, firm, or company contracting with the County for performance of work or furnishing of materials. 1. Construction Contract: The written agreement between the County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. J. CPAM: Florida Department of Transportation, Construction Project Administration manual; latest. K. Department: Florida Department of Transportation L. F.D.O.T.: Florida Department of Transportation. M. County: Monroe County Board of County Commissioners. 4.0 REQUIREMENTS: 4.1 General: It shall be the responsibility of the Consultant to administer, monitor, and inspect the Construction Contract such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions for the Construction Contract. The Consultant shall observe the Contractor's work to determine the progress and quality of work, identify discrepancies, report significant discrepancies to the County, and direct the Contractor to correct such observed discrepancies. The Consultant is hereby designated by the County to negotiate Supplemental Agreements. However, the Consultant must seek input from the Construction Project Manager. The Consultant shall prepare the Supplemental Agreement as a recommendation to the County, which the County may accept, modify or reject upon review. The Consultant shall consult with the Construction Project Manager, as it deems necessary and shall direct all issues, which exceed its delegated authority to the Construction Project Manager for County action or direction. The Consultant shall advise the Construction Project Manager of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. Work provided by the Consultant shall not relieve the Contractor of responsibility for the satisfactory performance of the Construction Contract. 4.2 Survey Control: The Consultant shall check or establish the survey control baseline(s) along with sufficient baseline control points and bench marks at appropriate intervals along the project in order to: (1) make and record such measurements as are necessary to calculate and document quantities for pay items; (2) make and record pre-construction and final cross section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project; and (3) perform incidental engineering surveys. The Senior Project Engineer will establish the specific survey requirements for each project prior to construction. Any questions or requests for"Waiver of Survey" should be directed to the Senior Project Engineer. 4.3 On-site Inspection: The Consultant shall monitor the Contractor's on-site construction activities and inspect materials entering into the work in accordance with the plans, specifications, and special provisions for the Construction Contract to determine that the projects are constructed in reasonable conformity with such documents. The County will monitor all off-site activities and fabrication. The Consultant shall keep detailed accurate records of the Contractor's daily operations and of significant events that affect the work. Consultant shall be responsible for monitoring and inspection of Contractor's Work Zone traffic control plan and review of modifications to the Work Zone Traffic Control Plan, including alternate Work Zone Traffic Control Plan, in accordance with F.D.O.T. procedures. Consultant employees performing such services shall be qualified in accordance with F.D.O.T. department procedure. 4.4 Sampling and Testing: The Consultant shall perform sampling and testing of component materials and completed work in accordance with the Construction Contract documents and Local Agency Program requirements for Federal Aid Projects. The minimum sampling frequencies set out in the Department's Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, the Consultant shall provide daily surveillance of the Contractor's Quality Control activities at the project site and perform the sampling and testing of materials and completed work items that are normally done in the vicinity of the project for verification and acceptance. The Consultant shall be specifically responsible for job control samples determining the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, DOT label, DOT stamp, etc. Sampling, testing and laboratory methods shall be as required by the Department's Standard Specifications, Supplemental Specifications or as modified by the special provisions of the Construction Contract. Documentation reports on sampling and testing shall be submitted to responsible parties during the same week that the construction work is done. If required, the Consultant will transport samples to be tested in a Department laboratory to the appropriate laboratory or appropriate local FDOT facility. The Consultant will review and approve contractor samples in FDOT's LIMS system. The Consultant will input verification testing information and data into the Department's LIMS system database using written instructions provided by the Department. 4.5 Engineering Services: The Consultant shall coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction project. Notwithstanding the above, the Consultant is not liable to the County for failure of such parties to follow written direction issued by the Consultant. Services include maintaining the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Construction Contract, maintaining complete, accurate records of all activities and events relating to the project, and properly documenting all significant project changes. The Consultant shall perform the following services: (1) Schedule and attend, within ten days after the Notice to Proceed, a pre- construction conference for the project in accordance with County and FDOT LAP procedures. The Consultant shall provide appropriate staff to attend and participate in the pre-construction meeting. (2) The Consultant shall record a complete and concise record of the proceedings of the pre-construction meeting and distribute copies of this summary to the participants and other interested parties within seven days. (3) Analyze the Contractor's schedule(s) (i.e. baseline(s), revised baseline(s), updates, as-built, etc.) for compliance with the contract documents. Elements including, but not limited to, completeness, logic, durations, activity, flow, milestone dates, concurrency, resource allotment, and delays will be reviewed. Verify the schedule conforms with the construction phasing and MOT sequences, including all contract modifications. Provide a written review of the schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in CPAM. (4) Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. (5) Analyze problems that arise on a project and proposals submitted by the Contractor, endeavor to resolve such issues, and process the necessary paperwork. (6) Produce reports, verify quantity calculations, field measure for payment purposes as needed to prevent delays in Contractor operations and ensure prompt processing of such information in order for the County to make timely payment to the Contractor. . (7) Provide Public Information services as required to manage inquiries from the public, public officials, and the news media. Prepare newsletters for distribution to adjacent property owners. The County Construction Project Manager shall approve all notices, brochures, responses to news media, etc., prior to release. (8) Prepare and submit to the Construction Project Manager monthly, a Construction Status Reporting System (CSRS) report. (9) Schedule and conduct a meeting with the County Engineering Office at least 45 calendar days prior to project final acceptance. The purpose of this meeting is to discuss the required documentation, including as-builts, necessary to close out the permit(s). (10) Video tape the pre-construction conditions throughout the project limits. Provide a digital photo log or video of project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy. (11) The Consultant shall have a digital camera for photographic documentation of noteworthy incidents or events to cover the following areas: (a). Pre-construction photographs (b). Normal and exceptional progress of work (c). Critical path activities (d). Accidents showing damage (e). Unsafe working conditions (f). Unusual construction techniques (g). Damaged equipment or materials (h). Any activity, which may result in claims These photographs will be filed and maintained on the Consultant's computer. Copies of photographs will be electronically transferred to the County at an interval determined by the Senior Project Engineer and the Construction Project Manager. The taking of the photographs shall begin the day prior to the start of construction and continue regularly throughout this project. Photographs shall be taken the days of Conditional, Partial and/or Final Acceptance. (12) Monitor each Contractor and Subcontractor's compliance with specifications and special provisions of the Construction Contract in regard to payment of predetermined wage rates in accordance with FDOT LAP Department procedures. (13) Provide a Resident Compliance Specialist for surveillance of the Contractor's compliance with Construction Contract requirements. The Resident Compliance Specialist is responsible for reviewing, monitoring, evaluating and acting upon documentation required for Construction Contract compliance, and maintaining the appropriate files thereof. Typical areas of compliance responsibility include EEO Affirmative Actions for the prime contractor and subcontractor, DBE Affirmative Action, Contractor Formal Training, Payroll, and Subcontracts. The Resident Compliance Specialist must keep all related documents and correspondence accurate and up to date; attend all compliance reviews and furnish the complete project files for review; and assist the District Contract Compliance Manager as requested. (14) As needed, prepare and make presentation before the Dispute Review Boards in connection with the project covered by this Agreement 5.0 ITEMS TO BE FURNISHED BY THE COUNTY TO CONSULTANT: A. The County, on as needed basis, will furnish the following Construction Contract documents for this project. These documents may be provided in either paper or electronic format. 1 Construction Documents (drawings, specifications) 2 Special Provisions 3 Copy of the executed Construction Contract. 6.0 ITEMS FURNISHED BY THE CONSULTANT: 6.1 County Documents: All applicable documents referenced herein shall be a condition of this Agreement. 62 Vehicles: Vehicles will be equipped with appropriate safety equipment and must be able to effectively carry out requirements of this Agreement. Vehicles shall have the name and phone number of the consulting firm visibly displayed on both sides of the vehicle. 6.3 Field Equipment: The Consultant shall supply survey, inspection and testing equipment, essential in order to carry out the work under this Agreement. Such equipment includes those non-consumable and non-expendable items, which are normally needed for a CEI project and are essential in order to carry out the work under this Agreement. Hard hats shall have the name of the consulting firm visibly displayed. Equipment described herein and expendable materials under this Agreement will remain the property of the Consultant and shall be removed at completion of the work. The Consultant's handling of nuclear density gauges shall be in compliance with their license. The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment shall be maintained and in operational condition at all times. 6.4 Licensing for Equipment Operations: The Consultant will be responsible for obtaining proper licenses for equipment and personnel operating equipment when licenses are required. The Consultant shall make the license and supporting documents available to the County, for verification, upon request. Radioactive Materials License for use of Surface Moisture Density Gauges shall be obtained through the State of Florida Department of Health. 7.0 LIAISON: The Consultant shall keep the Construction Project Manager informed of all significant activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Agreement, and seek input from the Construction Project Manager in order for the Construction Project Manager to oversee the Consultant's performance. Agreement administrative duties relating to Invoice Approval Requests, Personnel Approval Requests, User ID Requests, Time Extension Requests, and Amendment and Supplemental Amendment Requests shall be reviewed and approved by the Construction Project Manager. 8.0 PERSONNEL: 8.1 General Requirements: The Consultant shall staff the project with the qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Not all positions listed below may be required; however, personnel performing a specific task must have the qualifications required for the task. Unless otherwise agreed by the County, the County will not compensate straight overtime or premium overtime for the positions of Senior Project Engineer, Project Administrator, Contract Support Specialist, and Associate Contract Support Specialist. 8.2 Personnel Qualifications: The Consultant shall utilize only competent personnel, qualified by experience, and education. The Consultant shall submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each containing at a minimum salary, education, and experience. The Consultant Action Request form for personnel approval shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual is to report to work. Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to performing services under this Agreement. Personnel changes will require written approval from County. Previously approved staff, whose performance is unsatisfactory, shall be replaced by the Consultant within one week of County notification. Before the project begins, all project staff shall have a working knowledge of the current CPAM and must possess all the necessary qualifications/certifications for obtaining the duties of the position they hold. Cross training of the Consultant's project staff is highly recommended to ensure a knowledgeable and versatile project inspection team but shall not be at any additional cost to the County and should occur as workload permits. Visit the training page on the State Construction Office website for training dates. Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to these minimum qualifications will be considered on an individual basis. The County Engineer or designee will have the final approval authority. CEI SENIOR PROJECT ENGINEER - A Civil Engineer degree and be registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) and six years of engineering experience (two years of which are in major road and bridge construction), or for non-degreed personnel the aforementioned registration and ten years of engineering experience (two years of which are in major road or bridge construction). Qualifications include the ability to communicate effectively in English (verbally and in writing); direct highly complex and specialized construction engineering administration and inspection program; plans and organizes the work of subordinate and staff members; develops and/or reviews policies, methods, practices, and procedures; and reviews programs for conformance with County standards. Also must have the following: Qualification: FDOT Advanced MOT Pass the CTQP examination covering the training video "Grouting of Bridge Post- tensioning Tendons" (If applicable) Attend the CTQP Quality Control Manager course and pass the examination. Certifications: None A Master's Degree in Engineering may be substituted for one (1) year engineering experience. CEI PROJECT ADMINISTRATOR-A Civil Engineering degree plus two (2) years of engineering experience in construction of major road or bridge structures, or eight (8) years of responsible and related engineering experience, two (2) years of which involved construction of major road and bridge structures. Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: Qualifications: FDOT Intermediate MOT Pass the CTQP examination covering the training video "Grouting of Bridge Post-tensioning Tendons" (If applicable) CTQP Final Estimates Level II Certifications: None Other: Attend CTQP Quality Control Manager Course and pass the examination. A Master's Degree in Engineering may be substituted for one (1) year of engineering experience CEI CONTRACT SUPPORT SPECIALIST - A Civil Engineering Degree or High School diploma or equivalent and four years of road & bridge construction engineering inspection (CEI) experience having performed/assisted in project related duties (i.e., progress and final estimates, EEO compliance, processing Construction Contract changes, etc.) or a Civil Engineering degree. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project. Should be familiar with the County's Procedures covering the project related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become trained in CTQP Final Estimates Level II course and maintain a current qualification. CEI SENIOR INSPECTOR/ CEI SENIOR ENGINEER INTERN — High school graduate or equivalent plus four years of experience in construction inspection, two years of which shall have been in bridge and/or roadway construction inspection. Must have the following: Qualifications: CTQP Concrete Field Inspector Level I CTQP Concrete Transportation Construction Inspector(CTCI) Level II (all bridges) CTQP Asphalt Roadway Level I (if applicable) CTQP Asphalt Roadway Level II (If applicable) CTQP Earthwork Construction Inspection Level I CTQP Earthwork Construction Inspection Level II CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft Inspection (If applicable) CTQP Grouting Technician Level I (If applicable) CTQP Post-Tensioning Technician Level I (If applicable) FDOT Intermediate MOT CTQP Final Estimates Level I Certifications: Nuclear Radiation Safety Or a Civil Engineering degree and one year of road & bridge CEI experience with the ability to earn additional required qualifications within one year. (Note: Senior Engineer Intern classification requires one year experience as an Engineer Intern.) Responsible for performing highly complex technical assignments in field surveying and construction layout, making, and checking engineering computations, inspecting construction work, and conducting field tests and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Administrator. 8.3 Staffing: Once authorized, the Consultant shall establish and maintain an appropriate staff through the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until the appropriate Construction Contract has been paid off. Construction engineering and inspection forces will be required of the Consultant at all times while the Contractor is working. If Contractor operations are substantially reduced or suspended, the Consultant will reduce its staff appropriately. In the event that the suspension of Contractor operations requires the removal of Consultant forces from the project, the Consultant will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. 9.0 QUALITY ASSURANCE MA) PROGRAM: 9.1 Quality Reviews: The Consultant shall conduct semi-annual reviews to make certain his own organization is in compliance with the requirements cited in the Scope of Services. Quality Reviews shall be conducted to evaluate the adequacy of materials, processes, documentation, procedures, training, guidance, and staffing included in the execution of this Agreement. Quality Reviews shall also be developed and performed to achieve compliance with specific QA provisions contained in this Agreement. The semi-annual reviews shall be submitted to the Construction Project Manager in written form no later than one month after the review. On short duration CCEI projects (nine months or less), the CCEI shall perform an initial QA review within the first two months of the start of construction. 9.2 QA Plan: Within thirty days after receiving award of an Agreement, the Consultant shall furnish a QA Plan to the Construction Project Manager. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant's organization to assure conformance with the Agreement. Unless specifically waived, no payment shall be made until the County approves the Consultant QA Plan. Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas: A. Organization: A description is required of the Consultant QA Organization and its functional relationship to the part of the organization performing the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. B. Quality Reviews: The Consultant QA shall detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products. C. Quality Records: The Consultant will outline the types of records, which will be generated and maintained during the execution of his QA program. D. Control of Sub-consultants and Vendors: The Consultant will detail the methods used to control sub-consultants and vendor quality. E. Quality Assurance Certification: An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with FDOT specifications, plans, standard indexes, and County procedures. 9.3 Quality Records: The Consultant shall maintain adequate records of the quality assurance actions performed by his organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. These records shall be available to the County, upon request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review. 10.0 CERTIFICATION OF FINAL ESTIMATES: 10.1 Final Estimate and As-Built Plans Submittal: Prepare documentation and records in compliance with the Agreement, Consultant's approved QC Plan and the County's Procedures. Submit the Final Estimate(s) and three sets of final as built plans documenting Contractor's work (one record set with two copies) as follows: (a) Within thirty calendar days of final acceptance; or (b) Where all items of work are complete and conditional/partial acceptance is utilized (Lighting, Plant establishment, etc.) for a period exceeding thirty calendar days, the final estimate(s) will be due on the thirtieth (30th) day after conditional/partial acceptance. A memorandum with documentation will be transmitted to the Director of Engineering Services at final acceptance detailing any necessary revisions to the pay items covered under the conditional/partial acceptance. The Consultant shall be responsible for making any revisions to the Certified Final Estimate. 10.2 Certification: Consultant personnel preparing the Certified Final Estimate Package shall be CTQP Final Estimates Level II qualified. Duly authorized representative of the Consultant firm will provide a notarized certification on a form pursuant to Department procedures. 11.0 SUBCONSULTANT SERVICES` Upon written approval by the Construction Project Manager and the County, and prior to performance of work, the Consultant may subcontract for engineering surveys, materials testing, or specialized professional services. 12.0 OTHER SERVICES: Upon written authorization by the Director of Engineering Services or designee, the Consultant will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by the County to supplement the Consultant services under this Agreement. A. Assist in preparing for arbitration hearings or litigation that occurs during the Agreement time in connection with the construction project covered by this Agreement. B. Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with the Agreement. C. Provide on- and off-site inspection services in addition to those provided for in this Agreement. 13.0 POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor submits a claim for additional compensation and/or time after the Consultant has completed this Agreement, the Consultant shall, at the written request from the County, analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and process the required documentation to close out the claim. Compensation for such services will be negotiated and effected through a Supplement to this Agreement. 14.0 CONTRADICTIONS: In the event of a contradiction between the provisions of this Scope of Services and the Consultant's proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply. 15.0 THIRD PARTY BENEFICIARY: It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a claim, cause of action, lien or any other damages or any relief of any kind pursuant to the terms or provisions of this Agreement. 16.0 COUNTY AUTHORITY: The County shall be the final authority in considering contract modification of the Contractor for time, money or any other consideration except matters agreed to by the Contractor through contract changes negotiated by the Consultant. ATTACMENT B CONSULTANT RATES AND COST PROPOSAL LO CO — M O H O ' LO O U) M M I'- LO L O N C) M M N 'IT 0 OqT N 0 O 0 IT M le M 2 0 M CA N N Cl) (6 M 0.) O O � O I-I M L P p Q JCO M � I` N O N E CM LO CiD O O 0 N CO OD N 00 O N N N M LC) CM CA IT M ct N I- 0 •-- •- N MI N U M O O N N Cq 0 0 1 V (6 M 1 l N CM M M M Il OD 00 CA CA �I� co L_ 0 (n N 64 M Cf} CF} 64 K} 60- 64 fA O - o N U) W ^ uJ N N U � U Q O I,- N � d J LO CM (3) L1J O C7 O O cn 7 O = cu NU) 2 d 06 ad o (n I� O M C C LO M = > .> d Nco a J J rn W O LU Q Q 00 W CY) Cy' 77: 04 yy++ C o d J C C O ° a N 0 N 7 7 c m o m .► ° `° o `o 0 °� cc CL R > U) ' Z eta d r ` c .d ` J w J H N m — w rn m m ea Co m rn a Z E R E Q m m m ° Q aa)i N U W U) to N cu o O > J �tS J J J d d O J > d Q JO ~O d ~O ~ � 6� W LULUo E I � � ti ..� 0 0 0 v R Q = ` ` m d m W m V CU ++ 4`+ O By co 0w0U) LLcnoc0WCL U) c LLJ V J O O V co O N Z ic J O cj O — Z 0 U D D LL LL LL cn U) Q U ' LU � � wwm Y C.) N H Z z OC LL m co � O � W m . 0 wow w N a d V W LU COZ O Z o N O w O Z a U a a0 ATTACHMENT C APPENDIX I OF FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT TERMS FOR FEDERAL AID CONTRACTS(APPENDIX II: The following terms apply to all contracts in which it is indicated in Section 6.13 of the Standard Professional Services Agreement that the services involve the expenditure of federal funds: A It is understood and agreed that all rights of the Department relating to inspection,review,approval,patents, copyrights,and audit of the work,tracing,plans,specifications, maps,data,and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. It is understood and agreed that,in order to permit federal participation,no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation,anything to the contrary in this Agreement not withstanding. C. Compliance with Regulations: The Consultant shall comply with the Regulations of the U.S.Department of Transportation Title 49, Code of Federal Regulations, Part 21,as they may be amended from time to time,(hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this Agreement. D. Nondiscrimination: The Consultant,with regard to the work performed during the contract,shall not discriminate on the basis of race,color,national origin,sex,age,disability,religion or family status in the selection and retention of subcontractors,including procurements of material and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,including employment practices when the contract covers a program set forth in Appendix B of the Regulations. E, Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations made by the Consultant,either by competitive bidding or negotiation for work to be performed under a subcontract,including procurements of materials and leases of equipment,each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race,color,national origin,sex,age,disability,religion or family status- F Information and Reports: The Consultant will provide all information and reports required by the Regulations,or directives issued pursuant thereto,and will permit access to its books,records,accounts,other sources of information,and its facilities as may be determined by the Florida Department of Transportation,Federal Highway Administration, Federal Transit Administration,Federal Aviation Administration,and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information,the Consultant shall so certify to the Florida Department of Transportation,Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,and/or the Federal Motor Carrier Safety Administrationas appropriate,and shall set forth what efforts it has made to obtain the information. G Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract,the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration,Federal Transit Administration, Federal Aviation Administration,and/or Federal Motor Carrier Safety Administration may determine to be appropriate,including,but not limited to, 1, withholding of payments to the Consultant under the contract until the Consultant complies and/or 2 cancellation,termination or suspension of the contract,in whole or in part. H. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through H in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations,order,or instructions issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the Florida Department of Transportation,Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions,including sanctions for noncompliance. In the event a Consultant becomes involved in,or is threatened with, litigation with a subcontractor or supplier as a result of such direction,the Consultant may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation,and,in addition,the Consultant may request the United States to enter into such litigation to protect the'interests of the United States. I Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom, Interest of Public Officials: No member,officer,or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest,direct or indirect,in this contract or the proceeds thereof. For purposes of this provision,public body shall include municipalities and other political subdivisions of States;and public corporations, boards,and commissions established under the laws of any State. K. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statements shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. The Consultant,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 DOT-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract,which may result in termination of this contract or other such remedy as the recipient deems appropriate. L It is mutually understood and agreed that the willful falsification,distortion or misrepresentation with respect to any facts related to the project(s)described in this Agreement is a violation of the Federal Law.Accordingly,United States Code, Title 18,Section 1020,is hereby incorporated by reference and made a part of this Agreement. M. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Department in compliance with 49 CFR,Section 26.51,was erroneous when submitted or has become erroneous by reason of changed circumstances,the Consultant shall provide immediate written notice to the Department.It is further agreed that the clause titled"Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction"as set forth in 49 CFR,Section 29.510,shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. N The Department hereby certifies that neither the consultant nor the consultant's representative has been required by the Department,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract,to 1 employ or retain,or agree to employ or retain,any Firm or person,or 2. pay,or agree to pay,to any firm,person,or organization,any fee,contribution,donation,or consideration of any kind; The Department further acknowledges that this agreement will be furnished to a federal agency,in connection with this contract involving participation of Federal-Aid funds,and is subject to applicable Slate and Federal Laws,both criminal and civil. O The Consultant hereby certifies that it has not: I employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any Firm or person(other than a bona fide employee working solely for the above contractor)to solicit or secure this contract; 2 agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this contract;or 3 paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for the above contractor)any fee contribution,donation,or consideration of any kind for,or in connection with,procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds,and is subject to applicable State and Federal Laws,both criminal and civil, ATTACHMENT D LAP AGREEMENT J SrA7E01_FI OR+7,A OFPARTMENTCFTRANSPORTATICN 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PRc.uCTlcr+SurrORT 02X0 Pa ye 1 - L.mc�.,, _ g FLAIR Approp' .. ....... w Federal No: 0c L�rf J_ Or C �' 1 ' 9 „_yyy Fund: ' ode: �... �. FLAIR Ob: .. . .._...-.��-� Feder � mm Fund: _., _ FLAIR Approp al No' _ ._.__ooa6-oo7 Org Coder FLAIR bbj: . _. FF'N: . ...._... mm . Fund: mm. .m.... .... FLAIR APprop" Federal No: ._._.,...._ Org Code: ,. __--- FLAIR Obj: FPN: ._ - Fund: � _ ._ FLAIR Approp:a Federal No t . ...� Contract No _ µ I_.. ..Org Code: FLAIR Obj �--- `r � �. . Data Universal Number System (DUNS) No: BO-939-7102 Vendor No: L v � Count No r r `s' „ Catalog of Federal Domestic Assistance(CFDA): 20,205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day,of E t ". �. Dj by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agonc"y of the State of Florida, hereinafter called the Department, and Monroe County hereinafter called the Agency, W I T N ESSETH: 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 Ofd 5R 940 Leo A Bridge Repair Protect and as further described in Exhibit"A" attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s)A 8 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 ;s 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 cf 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:LORIUA ULFAH-ME\'TU=TPA`,SPORTATION 523-0 104O LOCAL AGENCY PROGRAM AGREEMENT PRCJ e CiN SL4PPORT 321no f 3g6 2 Removal of All Funds If ail 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 slate funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before Oclober 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 pr'W to the expiration of this Agreement. Expiration of this Agreement will be considered lermination 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, rererendurn, 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 bylaw, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completlon 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 subunit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration (FH1NA) may require. 3.00 Project Cost: 3.01 Total Cost: The total cost of the project is S 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 par(icipate, including contingencies, in the project cost to the extent provided in Exhibit "B." This amount includes federal-aid Binds 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 Agreemer:t 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 CF FLORIDA DE?AFi I"N9EN I OF THANSPURVI ION 525-01a10 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPOP.1 WN 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 an 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 clalmed 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 bome 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 contrlbuted 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_ s,,ATF or FLOMDA DE^AnTPACN-OF TFlANSPCRTA`ON so.5-0*0 40 LOCAL AGENCY PROGRAM AGREEMENT PHODUCT!DNS1/PPOP7 M-IM9 PIMJU 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, andfor other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedur®siprocesses deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the FDOT's Office of Inspector General (OIG), and the Chief Financial Officer(CFO) or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 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 tl - State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section P-15.97(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 216.97, 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 fart 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. ,G-TATC Or FLORIDA OCPARTMCNT OF TRANSPORTATION 525.010-4 LOCAL AGENCY PROGRAM AGREEMENT RHouLur;oNsuPmIcaT Uzos Page b 3, If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an aucttt conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, it the recipient elects to have audit conducted in accordance with the provisions of Section 216,97, 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 m usi 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 Algation 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 he 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 It,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), OMS 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 QMB 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 recipienes audited Schedule of Expenditures of Federal Awards directly to each of the following: Mr, Daniel Igleslas, P.E. Senior Project Manager Florida Department of Transportation 1000 111 th Aven us 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 S'FATE OF FLOHIGA DEPAR T MENT OF I HANS'POHTATION 625-0I0-47 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION aU PPOHT 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 32309-1450 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 51 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 documenlation 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 FHWA to inspect ail work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the project. 37ATE OF FLORIDA DEFAnTh1ENT OF TnANSFORTATION VS-01040 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SHRPORT ortW psye T 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 urith Section 112.061, Florida Statutes, and Chapter 3-"Travel" of the Department's Disbursement Q12erations 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 50 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 perfannance 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 taker 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 tar federal-aid. 7.07 Disallowed Casts: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department, 3rAlE OF FI DRIDA DFPART11,9FNT OF TaANSPORTATICN 5126-411041) LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION Ss TPCI`r 1zng Page 3 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) ff 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, shalt 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 Noll ce-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 ary 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' Competltive Negotiation Act. 10.00 Disadvantaged Business Enterprise(DBE) Policy and Obligation: It is the policy of the Department that DRE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts STATE OF FLORIOA PEPAMMIENT OF 7. " SPORTATION 625-01&40 LOCAL AGENCY PROGRAM AGREEMENT PROGucl ION SUWL)H1 U2.4v ?age 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-asslsted 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 O.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 tJ,S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)." (b) Each contract signed with a contractor(and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: `The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements Is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate." 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the `Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status, The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status, Such action shall include, but not be limited to, the following. employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a simllar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construclion, 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 STATF OF FLORIpA 0FPARTh1FNT OF TRANSPOR7ATION 525.01 LLgp LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT WC9 Vage 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 A of the Civil Rights Act of 1964, 49 C.F.R, Part 21, and related statutes and regulations. 12.03 Americans with Disabililies 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 threshofd 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 Slatutes, 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 OFF LOHIUADF PAR I MLNf OF IHAISPOH IA ION 535-a1"0 LOCAL AGENCY PROGRAM AGREEMENT PHODUCUCIN SUPPORT ozxn Page 1 I individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Nat 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 tieing field 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, 13.05 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 SpecFflcatlons: 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 Agenc} 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-apprcpriated 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 STAT-GF FLGPIDA DEPARTMENT OF TRAUSP479TATI ON 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT FNODUCT!QNSUPPGRT FEIgn,, Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-ILL, "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 penally 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, 87 7-693-52 36. 13.15 Reimbursement at 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 925.010.40 LOCAL AGENCY PROGRAM AGREEMENT PHODUCT;ON SCP?OHT was Page 13 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. J AGENCY 10011f° e Ccun�y Florid ,� STATE OF,F( RIf A,0,1 ' �P T etENT OF TRANSPORTATION M .�........................_ Tu e. ... TINrw: -. ....�iiarolttA. y e��re Rea r�eh°C��u�Itall���n. N� tie, ,P.E. District DkacW of Tree Dave 1 Alt®st: ?"I Attest: Title: a r p f As to dOnrl. t.:l � f Legal Review: l 9 'r kJ' y Altorriey—F4ssf• ta"n1l i4vil u:�., Office of the General Counseluuu i I�wIt'a See attached Encumbrance Form for date of funding approval by Comptroller_ STATCOFFLCRIUAPEPARTMENTOFT.PANSPORIAIJUN ;250 C-40 LOCAL AGENCY PROGRAM AGREEMENT �'�UIJOCTION RUPPCRT oe;ae Page EXHIBIT"A" PROJECT DESCRIPTION AND RESPONSIBILITIES F PN: 430I 93-1 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 4904310 Cld SR 940 Led 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 protectiun. Metal guardrails and the bridge railing will he 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 ar•y right-cf-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 he completed by. .. b) Design to be completed by A ne 30, 2012 c) Right-of-Way requirements identified and provided to the Department by d) Right-af-Way to be certified by June 30, 2012. e) Construction contract to be let by Sal2tember 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: ST.ATF OF F.ORIDA nEPARTLIFNT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT 71ncoL)c-1oNSLPPORf JeW =ege EXHIBIT "B" SCHEDULE OF FUNDING Monroe County FPN: 430193-I _ p clo Engineering Deparlment 1100 Simonton Street Key West; rlorida 33040 PROJECT DESCRIPTION Name: Old SR 940 Leg A,Bridge 9904.31; v. ..-a- . aw_.. .. m - ....... .........._.... .- . ,. Ler:Eth: 2$ft,_,, Termini: FUNDING h) TOTAL AGENCY 9TATF,& TYPE OF WORK BvFiscal Year _ PkO.1FCI FuNns r9.�:N1 3 cRAL FUNas ......... .......... . _. _....�.. Planning 2011-20,12 2012-2013 _. 2013-201h Tolal Planning Cast Project Development&Environment(PD&E) �p- 2011-2012 2012-2013 �_w._..._... ...m _. 2013-2014 _ . ..........._ .-y_.. ..- _ Totai?D&E Cost Design 2011-2012 98^u00 99,D00 20',2-2013 20?3-2014 otal ']esl,n C061 99,000 99.000 e.� ............ .. ....... Right-of-Way 2011-2011 _ .._. ,.. 2012-2013 2013-2014 — Total Ri ht-of-Wa Cost Construction 2U11-2U12 2012-2013 662 400 . ...__ __..W... ,. ........__._..... ..__._ Total Construc;Uon Cost 652,400 662,400 Construction Engineering and Inspection(CEI) 2011-2012 � .e---- 2012-2013 g 3G ._....._.....m `�.... 3 2C 13.2U 14 ..... - Total Ctr Cost a5,3ii0 99,360 761,700 � Total Construction and CEI Costs 761,760 TOTAL COST OF THE PROJECT 860,760 860 760 The Depnrtrnenl's fiscal year beyins on July 1. For this project,funds are not projected to be available until after the 1st of July of aach 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 FYLI. From: Perez, Sarah Sent: Friday, August 26, 2011 9:27 AM To: Benitez, Hoag; Iglesias, Danny Cc: Cann, Leigh; Medico, Peter J.; Alvarez, Teresjta; Desdunes, Harold; Alvarez, Ana; Caminiti, Gina; Glass Johnson, Linda; Maatln, Michele Subject: Contract AQE31 - Monroe County - FM 430193-1-39-01 FAP 6066-001 - 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 slate of this Agent: 08/16/11 Ending date of this Agmt: 10/01/13 Contract Total/ElUdgetary Ceiling: be = $860,760.00 Description; Old SR 940/LEG A, Bridge 4 904310 rehabilitation LAP Agreement with Monroe County ORG-CODE *E0 *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR At%1L•NDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(65)/STATUS Action: ORIGINAL Funds have been: APPROVED 55 063030649 *PD *790089 * 99000.00 *43019313801 *215 *20.205 2012 *55100100 *088849/12 0001 *00 * *0001/04 TOTAL AMOUNT; *$ 99,000.60 FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 08/16/2011 &WA m' Florida Department of Transportation' ATTACHMENT E Certification of Disclosure of Lobbying Activities on Federal Aid Contracts Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-33 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT 10/01 ON FEDERAL-AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) The prospective participant certifies, by signing this certification,that to the best of his or her knowledge and belief: (1) 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. (2) 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 of Lobbying Activities", in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) 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 Section 1352, Title 31, U.S. Code. 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. The prospective participant also agrees by submitting his or her 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 subrecipients shall certify and disclose accordingly. Name of Consultant: Parsons Brinckerhoff, Inc. By. George W.Walto . . Date: July 2, 2013 Authorized Signatu Title: Vice (Preside STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32 CERTIFICATION REGARDING DEBARMENT SUSPENSION PROCUREMENT > > ioroi INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL AID CONTRACTS (Compliance with 49CFR, Section 29.510) (Appendix B Certification] It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of C sulfa t: Parsons Brinckerh ff, Inc. �w By, Date: July 2, 2013 Auth " Sig ature orge Itotr, P.E. Title: Vice President Instructions for Certification 1 . By signing and submitting this certification with the proposal,the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the Department may pursue available remedies,including suspension and/or debarment. 3. 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 when submitted or has become erroneous by reason of changed circumstances. 4. 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 the rules implementing Executive Order 12549. You may contact the person to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 5. 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. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Appendix Bc 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. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it 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. B, 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 a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 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 may pursue available remedies,including suspension and/or debarment. TASK ORDER FOR CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER FOR BRIDGE #904310 SR940 WATSON BOULEVARD BRIDGE REPAIR DESIGN In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 16th day of December, 2009 between Monroe County hereinafter referred to as the"County" and CH2M Hill, Inc., hereinafter referred to as"Consultant"where design services are allowed if construction costs do not exceed $2,000,000. All terms and conditions of the referenced Contract For Professional Services Between Owner and Architect/Engineer apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. This Task Order is effective on the 21sth Day of September, 2011. Article II Scope of Basic Services, Paragraph 2.1.1 is amended as follows: The scope of services for the SR 940 Watson Boulevard (#904310) Bridge Repair Project will include development and completion of design for construction, permit applications and support during the bid and construction phases of the project. The Project is being administered through the Florida Department of Transportation (FDOT) Local Agency Program (LAP); all work will be conducted in accordance with current LAP, FDOT, State and Federal requirements. The scope of services assumes that the bridge geometry and clearances will remain the same as existing. The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the County. Design submittal requirements shall conform to the requirements of the LAP program and all applicable manuals and procedures. 1.0 DESIGN DEVELOPMENT 1.1 The Engineer shall review the FDOT bridge inspection reports, physically perform an inspection of the bridge, prioritize the bridge deficiencies and make recommendations as to the necessary repairs. The Engineer will address all elements noted in the FDOT bridge inspection reports or identified during the physical inspection. Initial review of the FDOT bridge inspection report dated November 30, 2009 and interim inspection I1-12 dated November 30, 2010 by the Engineer indicates that the existing abutments are sufficient and will not require total replacement or significant rehabilitation. Should further physical inspection by the Engineer indicate that abutment replacement or significant rehabilitation is required the Engineer will notify the County. Geotechnical services will not be performed. Legal, easement, right of way or plat surveys will not be performed. 1.2 The Engineer shall prepare a Design Development Letter Report for the County's approval. The Design Development Report shall consist of a written document that establishes and describes the size and character of the proposed repair, materials and such other elements as may be appropriate. The report will contain a conceptual cost estimate. 2.0 CONSTRUCTION DOCUMENTS 2.1 Based on the approved Design Development Documents and any further adjustments authorized by the County in the scope or quality of the Project, the Engineer shall prepare, for approval by the County, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. Construction documents shall conform to the standards contained in the most current version of the following: 1. Florida Department of Transportation Roadway Plans Preparation Manuals htti)://www.dot.state.fl.us/rddesian/PPMManual/PPM.shtm 2. Florida Department of Transportation Design Standards http://www.dot.state.fl.us/rddesimVDesi=Standards/Standards.shtm 3. Florida Department of Transportation Surveying Procedure http://www2.dot.state.fl.us/proceduraldocuments/procedures/bin/550030101.pdf 4. Florida Department of Transportation Drainage Manual http://www.dot.state.fl.us/rddesign/dr/files/2008DrainageManual.pdf 5. Florida Department of Transportation Soils and Foundations Handbook http://www.dot.state.fl.us/stractures/Manuals/SFH.pdf 6. Florida Department of Transportation Structures Manual (625-020-018) including Temporary Design Bulletins httD://www.dot.state.fl.us/structures/StructuresManual/CurrentRelease/STRManual.htm 7. MUTCD htlp://mutcd.fhwa.dot.gov/ 8. American Disabilities Act http://www2.dot.state.fl.us/Droceduraldocuments/procedures/bin/625020015.pdf 9. Florida Department of Transportation Pavement Coring and Evaluation Procedure http://www.dot.state.fl.us/statematerialsoffice/administration/resources/librarL/publicatio ns/material smanual/documents/v 1-section32-clean.pdf 10. Florida Department of Transportation Flexible Pavement Design Manual htip://www.dot.state.fl.us/pavementmanagement/PUBLICATIONS.shtrn 11. Florida Department of Transportation Rigid Pavement Design Manual http://www.dot.state.fl.us/pavementmana e ment/pcs/RigidPavementManuaIJanugU 1200 9.pdf 12. Federal Highway Administration Checklist and Guidelines for Review of Geotechnical Reports and Preliminary Plans and Specifications http://www.fhwa.dot.gov/engineeriniz/ eog tech/pubs/reviewguide/checklist.cfm 13. Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways htlp://www.dot.state.fl.us/rddesi=/FloridaGreenbook/2007/2007F1oridaGreenbook.pdf 14. Florida Statutes http://www.leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&Submenu=l&Ta b=statutes&CFID=14677574&CFTOKEN=80981948 15. Florida's Bicycle Facilities Planning and Design Handbook. htip://www.dot.state.fl.us/safety//ped bike/ped bike standards.htm#Florida%o20Bike%20 Handbook 16. AASHTO Guide for the Development of Bicycle Facilities http://www.sccrtc.orwbikes/AASHTO 1999 BikeBook.pdf 17. Florida's Quality/Level of Service Handbook for Planning http://www.dot.state.fl.us/planniniz/systems/sm/los/los sw2.htm 18. A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO Green Book) (GDHS-5 AASHTO Bookstore). 19. The Highway Capacity Manual (Transportation Research Board) htlp://galliver.trb.org/2ookstore/ (TRB Bookstore `HCM2KE). 20. FDOT Standard Specifications for Road and Bridge Construction (with supplemental specifications). http://www.dot.state.fl.us/Specificationsoffice/2007BK/TOC.htm 21. Facilities Design Manual(Topic No. 625-020-016-a) http://www.dot.state.fl.us/structures/Manuals/2002fdotfacilitiesmanual.pdf 22. AASHTO LRFD Bridge Design Specifications (Mandatory beginning 2007) (AASHTO Bookstore `4-LRFDUS-4') 23. Right of Way Mapping Procedure(Topic No. 550-030-015-e) htip://www.dot.state.fl.us/survgyin ang d mapping/RWMapplingHandbook.pdf 24. Project Development and Environmental Manual Par 1 and 2 (Topic No. 650-000-001). htip://www.dot.state.fl.us/emo/pbs/pdeman.htm Where FDOT design standards cannot be met the Engineer will request a design variance or exception. 2.2. The Engineer shall provide Drawings and applicable Technical Special Provisions to the County for the County's and FDOT's review (the Florida Department of Transportation Standard Specifications will be incorporated by reference) at the 60%, 90% and 100% stages of the project. The Engineer shall respond to questions resulting from County and FDOT review and incorporate any required revisions to the construction drawings and specifications. Design calculations package will be submitted with the 100% phase construction drawings. 2.3 The Engineer will provide a construction cost estimate and a project schedule at each phase submittal. 2.4 Upon completion of the Construction Documents Phase, the Engineer shall provide Construction Documents for the County's approval. Upon approval by the County the Engineer shall provide the County up to 5 sets of Construction Documents that have been signed and sealed by the Engineer. The Engineer shall also provide an electronic version of the construction documents. 2.5 The Engineer shall assist the County in the preparation of the necessary bidding information for the production of bidding forms, the Conditions of the Contracts, and the forms of Agreements between the County and the Contractors by providing supporting information as to the projects scope, bid items, estimated quantities and construction duration. The County shall prepare all Bidding Forms, Conditions of the Contract, and Forms of Agreement. 2.6 The Engineer's construction documents (plans, specifications, etc.) will conform to FDOT's requirements, to all codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to be acceptable for review and ruling by said agencies when permits are applied for. The Engineer shall use due care in determining permit requirements and shall meet with regulatory agencies as necessary to coordinate specific permit requirements. The Engineer shall document all meetings and conversations with said regulatory agencies. If permits are denied for incompleteness or for lack of following said codes or regulations, or permit requirements, then the Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required by the Engineer to conform documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no charge or cost to the County, unless said requirements are changed during the course of the project. 2.7 The Engineer shall file (through the County) all documents required for the approval of governmental authorities having jurisdiction over the project. The Engineer shall file (through the County) the necessary documents to obtain Environmental Resource Permits and all other permits required for construction. The County shall be responsible for the timely submittal of all permit application fees. 2.8 As needed by the County, the Engineer will provide clarification and answers to questions from prospective bidders during the construction bid process. Answers will be provided in a timely manner in order to facilitate bidding. 3.0 CONSTRUCTION PHASE 3.1 The Engineer shall attend the pre-construction meeting. 3.2 The Engineer shall respond to requests for information (RFIs), and review and approve or take other appropriate action upon Contractor's Shop Drawings submittals. The Engineer's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the County's own forces, while allowing sufficient time in the Engineer's professional judgment to permit adequate review. In general, said review and action shall be completed in 10 working days from receipt of a shop drawing submittal, excluding resubmittals. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Engineers review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Engineer, of construction means, methods, techniques, sequences, or procedures. 3.3 The Engineer shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Engineer or its consultants or both. 3.4 The Engineer must reimburse the County for any added costs paid by the County during construction that were incurred as the result of any error, omission, deficiency, or conflict in the work product of the Engineer, its consultants, or both. This added expense is defined as the difference in cost from that which the County would have paid if the work was included in the bid, and the actual cost presented by the Contractor. The Engineer shall not be held responsible for additional deficiencies found due to a delay in the construction of the project or for those hidden deficiencies that could not reasonably be determined through a review of the FDOT Bridge Inspection Reports or physical inspection of the bridge by the Engineer. 3.5 Regular attendance at monthly construction progress meetings is not required; as needed, The Engineer may attend project coordination meetings by conference call. The Engineer will assist the County In closing out the project upon completion of construction. 3.6 Upon completion of construction the Engineer will submit 2 sets of signed and sealed record drawings and one set in CADD format on CD based on the Contractors red-line as built drawings. Updated design calculations will be submitted if different from 100% phase submittal. 3.7 Any labor and expenses required to address construction claims, unforeseen conditions, or additional construction time requested by the Contractor or the County will be considered as Additional Services. 4.0 CONSTRUCTION COST Contemporaneously with the submission of the Design, the Engineer shall submit to the County in writing its final estimate of the contractor's anticipated bid price for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Engineer to reflect any increase or decrease in anticipated price resulting from a change in Design. 4.1 The Construction Cost shall be the total estimated bid cost to the County of all elements of the Project designed or specified by the Engineer. 4.2 The Construction Cost shall include the cost at current market rates of labor and materials and Equipment designed, specified, selected or specially provided for by the Engineer, plus a reasonable allowance for Contractor's overhead and profit. 4.3 Construction cost does not include the compensation of the Engineer and the Engineer's consultants, the costs of land, rights-of-way, financing or other costs which are the responsibility of the County. Article VIII Payment, Paragraph 8.1 is amended to read: Terms of payment will be governed by state guidelines and hourly rates contained in the Contract for Professional Services between Owner and Architect/Engineer dated December 16, 2009. The Consultant shall be paid monthly; the following not to exceed amounts will apply for each phase of the project: Design Development $ 31,952 Construction Documents/Bid Phase Services $ 46,696 Construction Phase Services $ 15,992 Total Lump Sum Fee $ 94,640 All requirements shall be completed no later than June 30, 2013 for total lump sum fee of Ninety-four thousand six hundred forty dollars and zero cents ($94,640). Article XVII Additional Requirements is amended to include: 17.2 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. a). FHWA Form 1273 is attached hereto as Attachment A and made a part of this Agreement b). The CONSULTANT and any sub-consultants shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the COUNTY deems appropriate. c). CONSULTANT will comply, and ensure its sub-consultants will comply, with the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions in 49 C.F.R. Part 29, when applicable. d). Equal Employment Opportunity: In connection with the carrying out of any project, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex national origin, disability or marital status. The- CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. e). No member, officer or employee of Monroe County or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. f).The CONSULTANT will complete and submit the FDOT Anticipated DBE Participation Statement Form No. 275-030-1 IA to identify DBE participation as outlined in Section XVII part v), Disadvantaged Business Enterprise (DBE) Policy and Obligations, of the Contract for Professional Services. Consultant's cost breakdown proposal and anticipated schedule is attached as Attachment B and made a part of this Agreement. IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. Consultant Witness Signs Date Signature at e V Flpr;-Jq r CA ...........Z.—LH Title - -te EA) 7— BOARD OF COUNTY COMMISSIONERS Attest DA Y L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA ........ y", by: Deputy Clerk Mayor/Chairman Date: CA NIONMOE D,aye, A314`,�SIN,4'f (',(AJN1Y AFTORNNIly piapt ATTACHMENT A FHWA FORM 1273 Required Contract Provisions Federal-Aid Construction Contracts FHWA-1273 Electronic Version—March 10, 1994 I. General 1 II. Nondiscrimination 2 III. Nonsegregated Facilities 6 IV. Payment of Predetermined Minimum Wage 7 V. Statements and Payrolls 12 VI. Record of Materials,Supplies,and Labor 14 VII. Subletting or Assigning the Contract 14 VIII. Safety:,Accident Prevention 15 IX. False Statements Concerning Highway Projects 16 X. Implementation of Clean Air Act and Federal Water 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 I,paragraph 2 Section IV,paragraphs 1,,2,3,4,and 7; Section V, paragraphs 1 and 2a through 2g. I 5. Disputes arising out of the labor standards provisions of Section IV(except paragraph 5)and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract.Such disputes shall be resolved in accordance With the 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 any of its subcontractors) and the contracting agency,the DOL or the'contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract,the contractor shall not: a. discriminate against labor from any other State, possession,or territory of the United States'(except for employment preference for Appalachian contracts,when applicable, as specified in Attachment A),or b. .' employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole,supervised release,or probation'. tl. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of$10,000 or more.) 1. Equal'Employment Opportunity:Equal employment opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under "Jaws,executive orders,rules,regulations(28 CFR 35,29 CFR 1630 and 41 CFR 60)and orders of the Secretary of Labor as modified by the provisions prescribed herein,and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project'activities under this contract.The Equal Opportunity Construction Contract'Specifications set forth under 41 CFR'60-4.3 and the provisions of the American Disabilities Act of 1990(42',U.S.C.12101 e1 M.)set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific',requirement activities of EEO: a. The contractor will work with the State highway agency(SHA)and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed,and that employees are treated during employment, without regard to their race,religion,sex,color,national origin,age or disability. Such action shall include:employment,upgrading, demotion,or transfer recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship,preapprenticeship, and/or on-the-job training." 2. EEO Officer:The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering,and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy:All members of the contractor's staff who are authorized to hire, supervise,promote,and discharge employees,or who recommend such action,or who are substantially involved In such action,,will be made fully cognizant of and will implement,the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment.To ensure that the above agreement will be met,the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six'months,at which time the contractor's EEO policy and its implementation will be reviewed and explained.The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination',by the EEO Officer,covering all major aspects of the contractor's EEO obligations within thirty days'foll"owing their reporting for duty with the contractor. C. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group'employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees,applicants for employment and potential employees. - e. - The contractor's EEO-policy and the-'procedures to implement such-policy-_will be- brought to the attention of employees by means of meetings,employee handbooks, or other appropriate means. 4. Recruitment:When advertising for employees,the contractor will include in all advertisements for employees the notation:"An Equal Opportunity Employer."All such advertisements will be placed'in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will,unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants.To meet this requirement, the contractor will identify sources of potential minority group employees,and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals,he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions.{The DOL has held that where implementation of such agreements have 3 the effect of discriminating against minorities or women,or obligates the contractor .to do the same,such implementation violates Executive Order 11246,as amended.) C. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees.' 5. Personnel Actions:Wages,working',conditions,and employee benefits shall be established and administered,and personnel actions of every type,including hiring,upgrading, promotion,transfer,demotion,layoff,and termination,shall be taken without regard to race, color,religion,sex,national origin,age or disability.The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site,personnel. b. The contractor will periodically evaluate the spread of wages paid within each "classification to determine any evidence of discriminatory wage practices.' C. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.Where evidence is(found,the contractor will promptly take corrective action. If the review indicates that the discrimination'may extend beyond the actions reviewed,such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action'within a reasonable time. If the investigation'indicates that the discrimination may affect' persons other than the.complainant;such corrective action shall include such other persons.Upon completion of each investigation,the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating,qualifying,and increasing the skills of minority group and women employees,and applicants for employment. b. Consistent with the contractor's workforce requirements and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e.,apprenticeship,and on-the-job training programs for the geographical area of contract performance.'Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract,this subparagraph will be superseded as indicated in the special'provision. G. The contractor will advise employees and applicants for employment of available training,programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in,part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions,and to effect referrals by such unions of minority and female employees.Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop,in cooperation with the unions,joint training,programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to Incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race,color,religion,sex,national origin,age for disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor,the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement,the contractor will,through independent recruitment efforts, fill the employment vacancies'without regard to race,color,religion,sex,national origin,age or disability;making full efforts to obtain qualified'and/or qualifiable minority group',persons and women. (The DOL has held that it shall',be no excuse that the union with which the contractor has a'collective bargaining agreement providing for exclusive lreferral failed to refer minority employees.)In the event the union referral practice prevents the contractor from meeting',the obligations pursuant to Executive Order 11246,as amended,and these special provisions,such contractor shall immediately notify the SHA. 8. Selection of Subcontractors,Procurement of Materials'and Leasing of Equipment:The contractor shall not discriminate on the grounds of race,color,religion,sex,national'origin, age or disability'in the selection and retention of subcontractors,including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises(DBE),as defined in 49 CFR 23,shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract.The contactor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful 5 minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. C. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports:The contractor shall keep such records as necessary to document compliance with the EEO requirements.Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA, a. The records kept by the contractor shall document the following: 1. The number of minority and:non-minority group members and women employed in each work classification on the project; 2. The progress and efforts being made in cooperation with unions,when applicable,to increase employment'opportunities for minorities and women; 3. The progress and efforts being made in locating,hiring,training,qualifying, and upgrading minority and female employees;and 4. The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project,indicating the number of minority,women,and non-minority group employees currently engaged in each work classification required by the contract work.This information is to be reported on Form FHWA-1391. If on-the-job training training is being required by special provision,the contractor will be required to collect and report'training'data. tlt> NONSEGREGATED FACILITIES (Applicable to all Federal-aid'construction contracts and to all related subcontracts'of$10,000 or more.) a. By submission of this bid,the execution of this contract or subcontract,or the consummation of this material supply agreement or purchase order,as appropriate,the bidder, Federal-aid construction Contractor,subcontractor,material supplier,or vendor,as appropriate,Certifies' that the firm does not maintain or provide for its employees any segregated'facilities at any of its establishments,and thatthe firm does not permit its employees to perform their' services at any location,under its control,where segregated'facilities are maintained.The firm agrees that a breach of this certification's a violation of the EEO provisions of this contract.The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification,the term"segregated facilities"means any waiting rooms,work areas,'restrooms and washrooms,restaurants and other eating areas,timeclocks,locker rooms,and other storage or dressing areas,parking lots,drinking fountains, recreation or entertainment areas,transportation,and housing facilities provided for employees which are segregated by explicit directive,or are, in fact,segregated on the basis of race,color, 6 - religion,national origin,age or disability,because of habit,local custom,or otherwise.The only exception will be for the disabled when the demands for accessibility override l(e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of$10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding$2,000 and to all related subcontracts,except for projects located on roadways classified as local roads or rural minor collectors,which are exempt.),' 1. General: a. All mechanics'and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account[except such payroll deductions as are permitted by regulations(29 CFR 3)issued by the Secretary of Labor under the Copeland Act(40 U.S.C.276c)]the full amounts of wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment.The payment shall be computed at wage" rates not less than those contained in the wage determination of the Secretary of labor(hereinafter"the wage determination")which is attached hereto and made a part hereof,regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors' and such laborers and mechanics.The wage determination(including any additional classifications and wage rates conformed'under paragraph 2 of this Section IV and the DOL poster(WHA 321)or Form FHWA 1495)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.For the purpose of this Section,contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2)of the Davis-Bacon Act(40 U.S.C.276a)on behalf of laborers or mechanics ' are considered wages paid to such laborers or mechanics,subject to the provisions of'Section'IV,paragraph 3b,hereof.Also,for the;purpose of this Section, regular contributions made or costs'incurred for more than a weekly period(but not less often than quarterly)under plans,funds,or programs, which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the,wage determination for the classification'of work actually performed,without regard to skill,except as provided in paragraphs 4 and 5 of this Section IV b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein,provided,that the employer's payroll records 7 accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in'29 CFR 1,3,and 5 are herein'incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the 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; . 2, the additional classification is utilized in the area by,the construction industry; 3. the proposed wage rate,including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination;and 4. with respect to helpers,when such a classification 1prevails in the area in which the work is performed'. c. If the contractor or subcontractors ,as appropriate,the laborers and mechanics(if e known)to be employed in the additional classification or their representatives,and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the DOL,Administrator of the Wage and Hour Division, Employment Standards Administration,Washington, D.C.20210.The Wage and Hour Administrator,or an authorized representative, will approve,modify,or disapprove'every additional classification action within30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or 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 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 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 the apprentice's level of progress,expressed as'a percentage of the journeyman-level hourly rate specified in the applicable wage determination.Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits,apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a'different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination. 4. In the event the Bureau of Apprenticeship and Training,or a State apprenticeship agency recognized by the Bureau,withdraws approval of an apprenticeship program,the contractor or subcontractor will no longer be permitted to utilize',apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: 1. Except as provided in 29 CFR'5.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are lemployed ;pursuant to and individually registered in a program which has received prior approval,evidenced by formal certification by the DOL, Employment and Training Administration. 2. The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.In addition,any trainee'performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3. 'Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress,expressed as a percentage of the journeyman- level hourly rate specified in the applicable wage determination.Trainees shall be paid fringe benefits in accordance with,the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. t0 4. In the event the Employment and Training Administration withdraws',approval of a training program,the contractor or subcontractor Will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work jperformed until' an 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; shall be paid not less than the applicable wage rate on the wage determination'for the classification of work actually performed. 5. Apprentices and Trainees(Programs of the U.S.DOT): Apprentices and trainees working under apprenticeship and skill training programs which' have been certified by the Secretary of Transportation as promoting iEEO in connection with Federal'-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV.The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs.The ratio of apprentices and trainees to journeymen'shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold,or cause to be withheld,from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor,or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor,as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,including apprentices,trainees, and helpers,employed by the contractor or any subcontractor the full amount of wages required'by the contract.In the event of failure to pay any laborer or mechanic,including any apprentice,trainee,or helper,employed or working on the site of the'work, all or part of the wages required by the contract,the SHA contracting officer may,after written notice to the contractor,take such action as may be necessary to,cause the suspension of any further payment,advance,or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers,mechanics,watchmen,or guards(including apprentices,trainees,and helpers described in paragraphs 4 and 5 above)shall require or permit any laborer,mechanic,watchman,or guard in any workweek in which he/she is employed on such work,to work in excess of40 hours in such workweek unless such laborer,'mechanic,watchman,or guard receives compensation at a rate not less than one- and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 11 8. Violation: Liability for Unpaid Wages;Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above,the contractor and any subcontractor responsible thereof shall be liable to the affected employee for histher unpaid wages.In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages. Such lliquidated damages shall be computed with respect to each individual laborer,mechanic,watchman,or guard employed in violation of the clause set forth in l paragraph 7,in the sum of$10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold,or cause to be withheld,'from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other Federally-assisted contract subject to the Contract Work'Hours and Safety Standards Act,which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor'for unpaid wages and liquidated damages as provided in the clause set forth in paragraph above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding$2,000 and to all related subcontracts,except for projects located on roadways classified as local roads or rural collectors,, which are exempt.) 1. Compliance with Copeland Regulations(29 CFR'3): The contractor shall comply with the Copeland Regulations'of the Secretary of Labor which'are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices,trainees;watchmen,helpers,and guards working at the site of the work. b. The payroll records shall contain the name,social security number,and address of each such employee;his or her correct classification;hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B)of the Davis Bacon Act);daily and weekly number of hours worked; deductions made;and actual wages paid. In addition,for Appalachian contracts,the payroll records shall contain a notation indicating whether the employee does,or does not,normally reside in the 12 labor area asl defined lin Attachment A,paragraph 1 Whenever the Secretary of Labor,pursuant to Section IV,paragraph 3b has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B)'of the Davis Bacon Act,the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,that the plan or program has been communicated in writing to the laborers or mechanics affected,and show the cost' anticipated or the actual cost incurred in providing benefits.'Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees,and ratios and wage rates prescribed in the applicable;programs. C. Each contractor and subcontractor shall furnish,each week in which any contract work is performed,to the SHA resident engineer a payroll of wages paid each of its employees(including apprentices,trainees,and helpers,described in Section IV, paragraphs 4 and 5,and watchmen and guards engaged on work during the preceding weekly payroll perlod).The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V.This information may be submitted in any form desired.Optional Form WH-3471is available for this purpose and may purchased from the Superintendent of Documents(Federal stock number 029-005-0014-1), U.S. Government Printing Office,Washington, D.C.20402.The,prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1. that the payroll for the payroll period contains the information required to be maintained under;paragraph 2b of this Section V and that such information is correct and complete; 2. that such,laborer or mechanic(including',each helper,apprentice,and trainee)' employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate,either directly or indirectly,and that no deductions have been made either directly or indirectly from the full wages earned,other than permissible deductions as set forth in the Regulations,29 CFR 3; 3. that each laborer or mechanic has been paid not less that the applicable wage' rate and fringe benefits or cash equivalent for the classification of worked performed,as specified in the applicable'wage determination incorporated into the contract e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance"required by paragraph 2d of this Section'V. f. " The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C.231. g. The contractor or subcontractor shall make the records required under paragraph'2b of this Section V available for inspection,copying,or transcription by authorized representatives of the SHA,the FHWA,or the DOL,and shall permit such representatives to interview employees during working hours on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the SHA,the FHWA,the DOL,or all may,after written notice to the contractor, sponsor,applicant,or owner,take such actions as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds. Furthermore,failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.' VI. RECORD OF MATERIALS,SUPPLIES,AND LABOR 1, On all Federal-aid contracts on the National Highway System,except those which provide solely for the,installation of;protective devices at railroad grade crossings,those which are constructed on a force account or direct labor basis,highway beautification contracts,and contracts for which the total final construction cost for roadway and bridge is less than, $1,000,000(23 CFR'635)the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47,"Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds,"prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work,and also of the quantities of those speck materials and supplies listed on Form FHWA-47,and in the units shown on Form'FHWA-47. c. furnish,upon the completion of the contract,to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph I relative to materials and supplies,a final labor summary of all contract work indicating the total hours worked and the total amount earned, 2. At the prime contractor's option,either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted: SUBLETTING OR ASSIGNING THE CONTRACT 1 The contractor shall perform with its own organization contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed maybe deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization(23 CFR 635). 1 a. "Its own organization"shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor,',with or without'operators.Such term does not include employees or equipment of a subcontractor,assignee,or agent of the prime contractor. b. "Specialty Items"shall be construed to be limited to work that requires highly specialized knowledge,abilities,or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1'of Section VII'is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. 'The contractor shall furnish(a)a competent superintendent or supervisor who is employed by the firm,has full authority to direct',performance of the work In accordance with the contract requirements,and is in charge of all construction operations(regardless of who performs the work)and(b)such other of its own organizational resources(supervision, management,and engineering services)as the SHA'contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet,assigned or otherwise disposed of except with the written consent of the SHA contracting officer;or authorized representative,and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract.Written consent will be given only after the SHA has assured' that each subcontract Is evidenced in writing.and that it contains all pertinent provisions and requirements of the prime contract. Vlll. SAFETY:ACCIDENT PREVENTION 1. 'In the performance of this contract the contractor shall comply With all applicable Federal, State,and local laws governing safety, health,and sanitation(23 CFR 635).The contractor shall provide all safeguards,safety devices and protective equipment and take any other needed actions as it determines,or as the SHA contracting officer may determine,to be reasonably necessary'to protect the life and health of employees on the job',and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. it is a condition of this contract,and shall be made a condition of each subcontract,which the contractor enters into pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance of the contract,to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards(29 CFR 1926)promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.333). 3. Pursuant to 29 CFR 1926.3.it'is a condition of this contract that the Secretary of labor or authorized representative thereof,shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107'of the Contract Work Hours and Safety Standards Act(40 U.S.C, 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity;with approved',plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors,suppliers,and workers on'Federal-aid highway projects,it is essential that all persons concerned with the project perform their functions as carefully,thoroughly,and honestly as possible. Willful falsification,distortion,or misrepresentation with respect to any facts related to the project is'a violation of Federal law.To prevent any misunderstanding regarding the seriousness of these and similar acts,the following notice shall be posted on each Federal-aid(highway project(23 CFR 635)' in one or more places where it is readily available to all persons concerned with the project:' NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever,being an officer,agent,or employee of the United States, or of any State or Territory,'or whoever,whether a person, association,firm,or corporation,knowingly makes any false statement, false representation, or false report as to the character, quality, quantity,or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps,specifications, contracts, or costs of construction' on any highway or related project submitted for approval to the Secretary of Transportation;l or Whoever'knowingly makes any false statement; false representation, false report or false claim with respect to the character, quality,quantity,or cost of any work performed or to be performed, or materials furnished or to be furnished,in connection with the construction of any highway or related project approved by the Secretary of Transportation;'or Whoever knowingly'makes any false statement or false representation as to material fact in any statement, certificate,or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355),as amended and supplemented; Shall be l fined not more That$10,000 or imprisoned not more than 5 years or both." 1 X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL 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 seg.,as amended by Pub.L.91-604),.and under the Federal Water Pollution Control Act,as amended(33 U.S.C_ 1251 et sM.,as amended by Pub.L.92-500),Executive Order 11738, and regulations'in implementation thereof(40 CFR 15)is not listed, on the date of contract award,on the U.S.Environmental Protection Agency l(EPA)List of Violating(Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director,Office of Federal Activities,EPA,indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the'firm agrees to include or cause to be included the requirements of paragraph 1 through of this Section X in every nonexempt subcontract,and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification-Primary Covered Transactions: (Applicable to all Federal-aid contracts 49 CFR 29)'- a. By signing and submitting this proposal,the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction.The prospective participant shall submit an explanation of why'it cannot provide the certification set' out below.The certification or explanation will be considered in connection with the department or agency's determination'whether to enter into this transaction. However,failure of the prospective'primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 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 12649.You may contact the department or agency to which this proposal is submitted for assistance'in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that,should the proposed covered transaction be entered into, it,shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further;agrees by submitting this proposal that it will include the clause titled"Certification Regarding'Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"provided'by the department or agency entering into this covered transaction,without modification,in all lower tier covered'transactions and in all solicitations for lower tier covered transactions.' h. A participant in a covered transaction may rely upon certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended, ineligible,or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the eligibility of its principals.Each participant may,but is not required to,check the nonprocurement portion of the"Usts of Parties Excluded From Federal Procurement or Nonprocurement Programs"'(Nonprocurement List) which is compiled by the General Services Administration: i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in ordinary course of business dealings. 18 j. Except for transactions authorized under paragraph of these instructions,if a participant in a covered transaction knowingly enters into a'lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from,participation in this transaction,in addition to other remedies available to the Federal'Government,the department or agency may terminate this - transaction for cause or default. Certification,Regarding Debarment,Suspension,;Ineligibility and Voluntary Exclusion- Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal,' State or local)transaction or contract under a public'transaction;violation of federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery, falsification or destruction of records,making false statements,or receiving'stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State or local)with commission of any of the offenses enumerated in(paragraph I of this certification;and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions(Federal,State or local)terminated for cause or default 2. Where the prospective primary participant is unable to certify to any of the statements In this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification-(Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower ter transactions of$25,000 or more-49 CFR 29) a. By signing and submitting this proposal,the prospective lower tier is providing the certification set out below. 19 b. The certification In this clause is a material representation of fact upon which reliance was placed when this transaction was entered into.if it is later determined that the prospective lower tier participant knowingly,rendered an erroneous certification, in addition to other remedies available to the Federal Government,the department,or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment.' c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any the prospective lower tier participant learns that its certification was erroneous by reason of changed' circumstances. d. The terms"covered transaction,""debarred,""suspended, "ineligible,""primary covered transaction,""participant,""person,""principal,""proposal,"and"voluntarily excluded,"as used in this clause,have the meanings set out in the Definitions and Coverage sections of rules implementing Executive'Order 12549.You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. `The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated! f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Certification.Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended, ineligible,or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the eligibility of its principals.Each participant may,but is not required to,check the Nonprocurement List.' h. Nothing contained in the foregoing shall be construed to require establishment of'a system of records in order to render in good faith the certification required by this clause.The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. ib Except for transactions authorized under paragraph a of these instructions,if a participant in a covered transaction knowingly enters into a'lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies,by submission of this proposal,,that neither it nor its principals is presently debarred,suspended,proposed for debarment; declared ineligible,or voluntarily excluded from participation in this transaction';by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts'which exceed $100,000-49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a.' No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency„a Member of Congress,an officer or employee of Congress,or an employee of'a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation,renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress;an officer or employee of Congress,or an employee of a Member of Congress In connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 21 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. ATTACHMENT A-EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 1. During the performance of this contract,the contractor undertaking to do work which is,or reasonably maybe,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work'is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a. : To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work:' C. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph c shall not exceed 20l percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 2. The contractor shall place a job order with the State Employment Service indicating'(a)the classifications of the laborer s„mechanics and other employees required to perform the contract work, (b)the number of employees required'in each classification,(c)the date on which he estimates such employees will be required,and(d);any other pertinent information required'by the State Employment Service to complete the job order form.The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified, he shall 1promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service.'The contractor is not required to grant employment to any job applicants who, in his opinion,are not qualified to perform the classification of work required' 4. If,within 1 week following the placing of a job order by the contractor'with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records.Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph'Ic above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every,subcontract for work which is,or reasonably may be,done as on-site work. AMENDMENT REQUIRED 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 15;15(a)of the ARRA provides authority for any representatives of the Inspector General to examine any records or interview any employee or officers working on this contract. The contractor is advised that representatives of the inspector general have the authority to examine any record and interview any employee or officer of the contractor,its subcontractors or other firms working on this contract. Section 1515(b)'further provides that nothing in this section shall be interpreted to limit or restrict in any way any existing authority of an inspector general." Under Section It,Paragraph tab'is revised as follows: The reference to 49 CFR 23 is revised to read 49 CFR 26. Under Section 11, Paragraph 8b is supplemented with the following: The contractor,sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin,or sex in the,performance of this contract.The contractor shall cant'out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts.'Failure by the contractor to carry out these requirements is a'material breach of this contract,which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Amendment to Form FHWA 1273 Revised March 26.2009' t Under Section Il in accordance with standard specification 1-08.1(1)and applicable'RCWs a new paragraph 8d is added as follows: The contractor or subcontractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its 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-recipients. The prime contractor agrees further to return retainage payments to each subcontractor within ten(10)days after the subcontractor's work Is satisfactorily completed.Any delay or postponement of payment from the above referenced time frame'may occur only for good cause following written approval of the WSDOT This clause covers both'DBE and non-DBE contractors,', Under Section IV,the applicability statement is supplemented with the following: (Applicable to all ARRA funded construction contracts and related subcontracts',regardless of location,including projects on local roads for rural minor collectors,and Transportation Enhancement projects outside the highway right-of-way.)' Under Section IV, Paragraph 2b(4)is deleted. Under Section IV, Paragraph 4,"and helpers"is deleted from the title. Under Section 1V, Paragraph 4a(1),add: The;provisions in this section allowing apprentices to work at less than the predetermined rate when they are registered in a bona fide apprenticeship program registered with the U.S. Department of Labor,Employment'and Training Administration,or with the Bureau of Apprenticeship and Training,does not preclude a requirement for the Contractor to pay; apprentices'the full,applicable predetermined rate in the event a State Apprenticeship Agency, recognized by the Bureau, has not approved,or withdraws approval,of an apprenticeship program. Under Section IV, Paragraph 4c is deleted. Under Section IV, Paragraph 6 is revised by deleting"helpers"and"helper".' Under Section IV,Paragraph 7'Is revised by deleting"helpers". Under Section V the applicability statement is supplemented with the following: (Applicable to all ARRA funded construction contracts and related subcontracts regardless of location,including projects on local roads or rural minor collectors,and Transportation Enhancement projects outside the highway right-of-way.) Under Section V, Paragraph 2a'is revised by'deleting,"helpers". Amendment to Form FHWA 1273 Revised March 26,2009 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;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. Payrolls shall not Include theifull 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 ATTACHMENT B CONSULTANT COST PROPOSAL' AND SCHEDULE Attachment B TASK ORDER 3-11 MC COMPENSATION Engineering Services for the Design, Permitting, Bidding and Construction Phase Services for the Repair of the Bridge#904310 Watson Boulevard SR940 Task Hours Labor Expenses Total Cost Task A-Design Development Letter Report 196 $23,652 $8,300 $31,952 Task B-Construction Documents 381 $46,346 $ 350 $46,696 Task C-Construction Phase 115 $14,792 $1,200 $15,992 Total 692 $84,790 $9,850 $94,640 PAGE 1 OF 3 COMPENSATION BREAKDOWN Task Order 3-11 MC s� A Design Development Letter Report Principal PM/Technologist $ 182.00 12 $2,184 $2,184 Sr. Project Manager $ 167.00 18 $3,006 $3,006 Project Manager $ 149.00 12 $1,788 $1,788 Project Engineer $ 132.00 56 $7,392 $7,392 Staff Engineer $ 98.00 12 $1,176 $1,176 Tech 5 $ 111.00 40 $4,440 $4,440 Tech 4 $ 99.00 22 $2,178 $2,178 Sr. Project Assistant $ 62.00 18 $1,116 $1,116 Clerical $ 62.00 6 $372 $372 TRAVEL(2) -2 Day trips to KWF $2,200 $2,200 SUB-CONSULTANT $6,000 $6,000 PRINTING/REPROGRAPHICS/SHIPPING $200 $200 Design Development Letter Report SUBTOTAL 196 $23,652 $8,300 $31,952 B Construction Documents Principal PM/Technologist $ 182.00 22 $4,004 $4,004 Sr. Project Manager $ 167.00 32 $5,344 $5,344 Project Manager $ 149.00 28 $4,172 $4,172 Project Engineer $ 132.00 94 $12,408 $12,408 Staff Engineer $ 98.00 34 $3,332 $3,332 Tech 5 $ 111.00 98 $10,878 $10,878 Tech 4 $ 99.00 36 $3,564 $3,564 Editor $ 87.00 14 $1,218 $1,218 Sr. Project Assistant $ 62.00 16 $992 $ 992 Clerical $ 62.00 7 $434 $434 TRAVEL(0) $0 $0 PRINTING/REPROGRAPHICS/SHIPPING $350 $350 Construction Documents SUBTOTAL 381 $46,346 $350 $46,696 C Construction Phase _Principal PM/Technologist $ 182.00 14 $2,548 $2,548 Sr. Project Manager $ 167.00 8 $1,336 $1,336 Project Manager $ 149.00 8 $1,192 $1,192 Project Engineer $ 132.00 50 $6,600 $6,600 Staff Engineer $ 98.00 14 $1,372 $1,372 Tech 5 $ 111.00 6 $666 $666 Tech 4 $ 99.00 4 $396 $396 Sr. Project Assistant $ 62.00 7 $434 $434 Clerical $ 62.00 4 $248 $248 TRAVEL (1)-2 Day trips to KWF $1,100 $1,100 PRINTING/REPROGRAPHICS/SHIPPING $100 $100 Construction Phase SUBTOTAL 115 $14,792 $1,200 $15,992 \ \ PROJECT TOTALS TOTAL HOURS 692 TOTAL FEE ESTIMATE $84,790 $9,850 $ 94,640 PAGE 2 OF 3 Attachment B Monroe County Hourly Labor Employer Category Rates Professionals -- Engineers, Architects, Planners, Economists, Scientists, Hydrologists, Hydrogeologists, Geologists Regional Group Manager 192 Principal Project Manager, 182 Principal Technologist Senior Project Manager, 167 Senior Technologist Project Manager, Architect/Engineering 149 Specialist, Scientific Specialist,Planning Specialist Associate Project Manager, 132 Project Architect/Engineer, Project Scientist, Project Planner Associate Architect/Engineer, Associate 118 Scientist, Associate Planner Staff Architect/Engineer II 104 Staff Architect/Engineer I, Staff 92 Scientist II, Staff Planner II Staff Scientist I, Staff Planner 1 72 Technicians -- Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction Inspectors Technician 6 116 Technician 5 111 Technician 4 99 Technician 3 80 Technician 2 72 Technician 1 64 Technical Aide 55 Office Support Specification Processor 87 Clerical/Office Support 62 Note: Rates applicable October 1, 2009 through September 30, 2011. 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