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Item C19 Co �� � .�� , BOARD OF COUNTY COMMISSIONERS Mayor David Rice,District 4 The Florida Keys Mayor Pro Tem Craig Cates,District 1 y Michelle Coldiron,District 2 James K.Scholl,District 3 u f Holly Merrill Raschein,District 5 County Commission Meeting August 17, 2022 Agenda Item Number: C.19 Agenda Item Summary #10937 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 453-8754 N/A AGENDA ITEM WORDING: Approval to award bid and construction contract for re-bid of the Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens project to Charley Toppino & Sons, Inc., in the amount of $535,197.93 to be completed in 180 calendar days. The project is funded by Florida Department of Transportation (FDOT) Local Agency Program (LAP) agreement, TDC grant and District 1 Transportation Impact Fees. ITEM BACKGROUND: The construction project consists of an approximately 900 ft asphalt shared use path from Drost Drive connecting to the US crosswalk to the Florida Keys Overseas Heritage Trail (FKOHT) which is across the street. The project was originally advertised on January 19, 2022, and one bid was received on March 1, 2022, with Charley Toppino & Sons, Inc. being the single bidder. FDOT LAP funding requires that the local agency submit a request for exception to award to a single bidder. Staff submitted substantial documentation on March 15 and March 29, 2022, to support the exception criteria, however, FDOT D-6 will not provide concurrence to award to the single bidder and required the project to be rebid. The rebid was advertised on May 19, 2022 and 2 bids were received on July 12, 2022, with Charley Toppino & Sons, Inc (Toppino) being the low responsive, responsible bidder. FDOT concurred with the award to Toppino on July 28, 2022. PREVIOUS RELEVANT BOCC ACTION: April 20, 2022- The BOCC approved the rejection of the single bid and re-advertisement for the Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens project. FDOT requires rebidding if the construction is funded by a Florida Department of Transportation Local Agency Program (LAP) agreement. February 16, 2022 — The BOCC approved by resolution the Florida Department of Transportation (FDOT) Maintenance Memorandum of Agreement for the Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens project, requiring the County to maintain the project area. January 21, 2022- The BOCC approved negotiations with WSP USA Inc., ranked the highest respondent for the Construction Engineering and Inspection Services for the Florida Keys Overseas Heritage Trail Connection at Cudjoe Gardens project. June 16, 2021 —The BOCC approved by Resolution a Florida Department of Transportation (FDOT) Local Agency Program (LAP) grant agreement for the Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens project for construction in the amount of$284,936.00, and construction engineering and inspection services in the amount of $45,000.00, for a total grant amount of $329,936.00. The project is partially federally funded by FDOT through the Federal Highway Administration (FHWA). June 17, 2020 — The BOCC approved Amendment 1 to the contract with CSA Central, Inc. for Design and Permitting for the Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens project in the amount of $32,495.00, to provide South Florida Water Management District and U.S. Army Corp of Engineers permit tasks related to compensatory wetland mitigation requirements. May 22, 2019 — The BOCC approved a contract with CSA Central, Inc. for Design and Permitting for the Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens project in the amount of$85,488.00. October 17, 2018 - The BOCC approved by resolution an FDOT Local Agency Program (LAP) grant agreement for Design and Permitting for the Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens project in the amount of$70,500.00. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Award construction rebid for Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens project. DOCUMENTATION: Toppino FKOHT contract rev 441745-1-58-01 G2442 FDOT Concurrence to Award.docx Bid Tabulation Sheet pdf FINANCIAL IMPACT: Effective Date: August 17, 2022 Expiration Date: FDOT Final closeout of LAP Agreement Total Dollar Value of Contract: $535,197.93 Total Cost to County: $535,197.93 Current Year Portion: $0 —project commencement 10.1.22 (FY 23) Budgeted: yes —5 year Capital Plan Source of Funds: 125-22566-560630 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: maintenance estimated at $10,000 annually County Engineering/Road Dept. Revenue Producing: no If yes, amount: Grant: FDOT LAP $284,936 Grant: TDC $100,000 County Match: District 1 Impact Fees: balance required$150,261.93 Insurance Required: yes—Insurance provided after BOCC approval. Additional Details: FDOT Grant Agreement 441745 - Contract# G2442 - expires 12.31.22 REVIEWED BY: Judith Clarke Completed 08/02/2022 11:08 AM Christine Limbert Completed 08/02/2022 1:42 PM Purchasing Completed 08/02/2022 1:43 PM Budget and Finance Completed 08/02/2022 1:45 PM Brian Bradley Completed 08/02/2022 2:40 PM Lindsey Ballard Completed 08/02/2022 2:42 PM Board of County Commissioners Pending 08/17/2022 9:00 AM Standard Form of Agreement Between Owner and CON AUTO Where the basis qfpayment is a S"TIPULATED SUM AGREEMENT Made as o fthe I 71h day or _August in they year of Two Thousand and'I'wenty-Two. BETWEEN the Owner: Monroe County Board of County Commissioners("BOCC"') I 100 Simonton Street Key West, Florida 33,040 ("Owner") And the CONTRACTOR: Charley Toppino &Sons, Inc. PO Box 787 ("CONTRACTOR-) Key West, FL 33,041 ..................... For the following Project: FLORIDA KEYS OVERSEAS HERITAGE TRAIL CONNECTION AT CUDJOE GARDENS REBID Monroe County, Florida ("Project") Oversight for Owner: WSP USA, Inc. Capital Plaza Two 301 E Pine Street Suite 1020 Orlando, F[,32801 Engincer: CSA Central Group 8200 NW 41 Street Suite 305 floral, [1orida 33166-6207 The Owner and CONTRAC'I'OR agW-. m set.fon bovv ARTICLE I "I"he Contract Documents The Contract DOCLIMentS Consist Of this Agreement, Conditions of the Contract ((JCnCral, SLIpplementary and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid Documents and CONTRACTOR's Bid, Addenda issued prior tcw execution of this Agreement, other doCUments listed in this Agreenictit and Modifications issued after execution of this Agreement."I"hese form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents,the entire and integrated agreement between the parties hereto and supersedes,prior negotiations, representations,or agreements,either written or oral. ARTICLE 2 The Wo rk of this Contract The CONTRAuOR shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others,or as follows: Scope of Work is as, specified in the Contract Docurnents, and shown on the Drawings and in the specifications. The contract constitutes the entire and exclusive agreement between the Owner and the CONTRACTOR with reference to the FLORIDA KEYS OVERSEAS HERITAGE TRAIL CONNECTION A"I'CUDJOE GARDENS ARTICLE 3 Date of Commencement and Substantial Completion 3A The date ofcornmencement is the date from which the ContractTinic Of Paragraph3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350, milestone schedule. Unless the date of'commencernent is established by a notice to proceed issued by the Owner, the CONTRACTOR shall notify the Owner, in writing not less than five (lays before commencing the Work. The date of commencement shall be the date specified in the Notice to Proceed issued to the CONTRACTOR. 3.2 The CONTRACTOR shall achieve Substantial C'ornpletion of the entire Work not later than 180 calendar,days after the Date of Commencement, subJect to ad,justments of the Contract "firne as provided by the Contract Document. Balance of Page Intentionally Left Blank 2 LIQUIDATED DAMAGES Liquidated damages will be based on the Substantial C,ornpletion Date for all work, modified by all approved extension in time as set forth by the Owner's signature oil' approval on the Certificate oil' Substantial Completion, The liquidated darnages,table below shall be utilized to determine the amount of liquidated darnages. Original Contract Amount Daily Charge Per Calendar Day $50,000 and under $868 Over$50,000 but less than$250,000 $882 $2501,000 bait less than $5010,000 $1,,197 $500,000 but less than S2,500,000 $1,694 $2,500,000 but less than $5,000,000 $2,592 $5,000,000:but less than $10,000,000 $�3�,780 $10,000,000 but less,than `la 15,000,000 $4,769 $15,0010,000 but less than$20,000,000 $5,855 $20,000,000 and over $9,214 Plus 0.00005 of any arnount over$20,nii1fion(Round to nearest whole dollar) The CONTRACTOR's recovery of damages and sole rernedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance 13 Any delay or failure ofeither Party to perform its obilligations,under this,Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Parly's control, without such Party fault or negligence and that by ilS IVAtUrC could not have been foreseen by such Party or, if it could have been Ibrescen, was unavoidable: (a)acts ol'God;(b)flood, Fire,ear-thquake,explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostifitics, (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project;(d)government order or law in the geographic area of the Prqject;(e)actions, ernbargoes, or blockades in effect on or after the date of this Agreernent; (1) action by any governmental authority prohibiting work in the geographic area ol'thc Projeo,(each, as "Uncontr(rillable Circumstance"). CONT RAC',TOWS linanicial hriabilily to perR)rrn,changes in cost or availability ol'niaterials, compomils, or services, inarket conditions, Or supplier actions or contract disputes will not eXCLISC perl'ormance by COWRACTOR under this,Section.("ONTRACA"OR shall give County written notice within 7(lays ofany event or circumstance that is reasonably likely to result in an Uncontrolkible (.,ircuaislance, and the atuicipated duration ofsuch Uncontrollable Circumstance. CON"FRACTOR shall LISC all difigcnt efforts to end the uncontrollable Circumstance, CnSUre that the effects of any Uncontrollable Circumstance are minimized and resurne full per 6ormance under this agreement, The COLInty WM not pay additional cost as a rCSLIlt of an UncontroHable CircUITISUInCle. The CONTRACTOR may only seek a no cost Change Order I'm such reasonable time as the Owner's Represientative may determine. Balance of Page Intentionally Left Blank 3 ARTICLE 4 Conti-act Sum 4.1 The owner shall pay the CONTRACTOR in Current funds for the CON` RA(,JOR's performance of the Contract, for the FLORIDA KEYS OVERSEAS HERITAGE TRAIL CONNECTION AT CIUDJOE GARDENS tine Contract Surn of FIVE HUNDRED THIRTY FIVE THOUSAND ONE HUNDRED NINETY SEVEN DOLLARS AND NINETY THREE CENTS, ($5315,197.93),subject to additions and deductions as provided in the Contract Documents, 4,2 The Contract Surn is based upon the following alternates, if any,which are described in the Contract Documents and are hereby accepted by the Owner: None 4.3 Unit prices, ifany, are as follows: As specified in Section 00 1 l O�. ARTICLE 5 llrogrcss Payments 5.1 Based upon Applications for Payment submitted by the CONTRAC"I"OR to the Owner, and upon Project Applications and Certificates for Payment,the Owner shall make progress payrnents on account of the Contract Surn to the CONTRACTOR as provided below and elsewhere in the Contract Documents. 5.2 'Me period covered by each Application for payment shall be one calendar month ending on the last day of the month. 53 County shall pay Pursuant to the Local Government Prompt Paytnent Act 218,70 Florida Statutes. 5,4 Each Application, for Payrnent shall be based UP011 the Schedule of Values submitted by the CON,rRACTOR in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Surn among the various portions,of the Work and be prepared in such form and supportcd by such data to substantiate its accuracy as the Owner may require. This schedule, unless obJected to by the Owner,shall be used as a basis for reviewing the CONTRACTOR's Applications for Payment. 5.5 Applications for Payment shall indicate the perccntage of completion of each portion of the Work as of the end of the period covered by the Application lbr Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5F6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion ofthe Work by the share of the total Contract SUM allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent (10%). Pending final determination of cost to the Owner of changes, in the Work, amounts, not in dispute may be included in applications for Payment. The amount of credit to be allowed by the CONTRACTOR to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner, When both additions and credits covering related Work Or substitution s are involved in a change the allowance for overhead and profit shall be figured on the basis of net incre6s Iff. any, with respect to that change, 4 5,6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or, il.'approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of percent(101%): 5.63 Subtract the aggregate of previous payments made by the Owner;and 5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circurnstances: 5.7.1 Add, upon Substantial Completion of`the Work,a sum sufficient to increase the total payments to Ninety five percent (95%) of the Contract Sum, less, such amounts, as, the Owner recommends and determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the (",'ONTRACTOR, any additional amounts payable in accordance with Subparagraph 9,10.3 of the Cieneral Conditions. 5.8 Reduction or firnitation of retainage, ifany,shall be as follows., None ARTICLE 6 Final Payment final payment,constituting the entire unpaid balance ofthe Contract Sum, shall be made by the Owner to the COWRACTOR,when(1)the Contract has been fully performed by the CONTRACTOR except for the CONTRACTOR's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other reqWrernents, if any, which necessarily survive final payment., and(2)a final Project Certificate for Payment has been issued by the Project Manager: such final payment shall he made by the Owner not more than fit) drys alter the issuance of (the final Project .'olificate for Payment. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments,due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735 7.3 'remporary facilities"ar4services: None. 5 7A Monroe County's performance and obligation to pay under this contract is contingent upon an ,annual appropriation by the Board Of County Commissioners. 7,5 Public Entities Crimes By signing this,Agreement,CONTRACTOR represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes,). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and rnay result in debarment front County's competitive Procurement activities, In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 2,87.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a"public entity cruise"regardless of the amount of money invofved or whether CONTRACTOR has been placed on the convicted vendor list. CONTRACTOR will promptly notif; the County if it or any subcontractor is ronnally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may 110t SUNnit a[lid on a contract with a public entity for the construction or repair ofa public building or public work,may not submit blids on leases of real property to public entity, may not be awarded or perform work as W I NTRACTOR, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any J)Ubfic entity in excess of the threshold amount provided in Section 287,017, for CATEGORY TWO for a period ol'36 months frorn the date of being placed on the convicted vendor list, 7.6 The f6flowing items are part ofthis contract: a) Maintenance of Records: CONTRACTOR shall maintain all books, records, and documents directly pertinent to perfon-nance Under this Agreement in accordance with genet-ally accepted accounting principles consistently applied. Records shall be retained for a period ofsevcn years from the termination of this, agreement or for a period of three years from the submission of the final expenditure report as per 2 ("TR §200.333,whichever is greater, The period ofretention is 5 years frorn final payment for I'l IWA projects, Lach party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreenicrit for public records purposes during the term of the Agreerncnt and forfour years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent For purposes not authorized by this Agreement, or were wrongfully retained by the C.ONTRACTOR, the CONTRACTOR shall repay the monies together with interest Calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the('0UNTY. b)Governing Law, Venue, Interpretation,Costs,and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any Cause of' action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and C0NTRAc,,,r0R agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. 16 c)Severability: I C any te nn,covenant,condition or provision of th is A greenient(or the application thereof to any circumstance or person) shall be declared invalid or unenforceabic to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of'this Agreernent, shall not be affected thereby;and each remaining term,covenant,condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions, and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and CONTRACT'OR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d)Attorney's Fees and Costs: T'he County arid CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall, be entitled to reasonable attorney's lees and court costs,as an award against the non-prevailing party,and shall include attorneys fens and courts costs, in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. e) Bindinig Effect: The terms,,covenants, conditions,,arid provisions ofthis Agreement shall bind and inure to the benefit of tile County and. CONTRACTOR and their respective legal representatives,, successors, arid assigns. 11 Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duty authorized by all necessary County and corpora le action,as required by law, g)Claims for Federal or State Aild: CONSULTANT and COUNTY agree that each shall be,and is,empowered to apply for,seek,and obtain federal and state funds to Further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the ProJect will be provided to each party, h) Nonidi�scrimination/Equal Employment Opportunity: CONI'RACTOR and its subcontractors and COUN,rY agree that there will be no discrimination against any person, arid it is expressly understood that upon a determination by a court of competent.jurisdiction that discrimination has occurred, this, Agreernent automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and I'lorida statutes, and all local ordinances, as applicable, relating to nondiscrimination. "These include but are not limited to: I)Title VII of the Civil Rights Act of 1964(PL 88-352)which prohibits discrimination on the basis of race,color or national origin;2)'T'itle IX of the Education Amendment of 1972„as amended (201 USC ss. 1681-1683,and i 685-1686), which prohibits discrimination on the basis ofsex;3)Section 5�04 of the Rehabilitation Act of 1973,as amended(20 USC s. 794),which prohibits discrimination on tile basis of handicaps;4)Tfie Age Discrimination Act of'1975,as amended(42 USC ss,6101-6107)which prohibits disc rinii nation on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as aniended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive ompreliensive Alcohol Abuse and Alcoholism Prevention, Treatment arid Rehabilitation Act of 19701 (Pl, 9 1-616), as,amended, relating to nondiscrimination on the basis of alcohol abuse or alcoliolisin;7)The Public I lealth Service Act of 1912„ ss. 523 and 527 (42 USCG ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)'Title V l I I ofthe Civil Rights Act of 1968(12 USC s.et.secs.),as amended, 7 relating,to nondiscrimination in the sale,rental or financing of housing-,9)The Americans with Disabilities Act of 1990(42 USC s. 12 101 Note),as nifty be amended frown time to time, relating to nondiscrimination on the basis ofdisability, 10) Monroe County Code C',hapter 14, Article 11, which prohibits discrimination on tile basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age-, I J) Any other nondiscrimination provisions in any Federal or state statutes which nlay apply to the parties to,or the Subject matter of,this Agreement. During the performance of this Agreement,the CONTRACTOR, in accordance with Lqu4il �'inplqyntew Opportuni v(30 Fed, Reg. 12319, 12935, 3 C.F.R, part, 1964-1965 C.ornp,, p. 3 39),as amended by Executive Order 1 13 7 5,Amen4ling Executive Order 11246 Relating,to Equal Etnplq)�inenl Opportuni�v,and i mpl emen t i ng regu lat ions,a[4 1 C.F.R. fart 60(Office of Federal Contract Compliance Programs, L.'qual Employment Opportunity, Depailt'nerit of Labor), �ec2 C.FR, Part 200, Appendix H,J C, agrees as follows: The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CON rl,RACTOR will take affirmative action to ensure that applicants are employed, and that ornployees are treated during employment, without regard to their race,color,religion,sex,sexual orientation,gender identity,or national Origin, Such action shall include, but not be limited to the following. Employment, upgrading, dernotion, or transfer,, recruitment or recruitment advertising,; layo�ff or termination; rates of pay or other forms ofcornpensation; and selection for training, itlClUding apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants fior employment, notices to be provided by the contracting officer setting [firth the provisions ufthis nondiscrimination clause. 2) The CONTRACTOR will, in all solicitations or advertisernents for employees placed by or on behalf'of the CONTRAC,"FOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation,gender identity,or national origin. 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee Or applicant lbr employment because such ernployee or applicant has inquired about,discussed,or disclosed the compensation of the employee or applicant or another employee or applicant.T'his provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part Of Such CITIP10yeC'S essential Job functions discloses, tile compensation of such other employees or applicants to individuals who.�sJo wiC4 otherwise have access to such inforniation, Unless such disclosure is in respomse to a fornial complaint or charge, in furtherance of an investigation,proceeding,hearing,or action, including an investigation conducted by tile employer,or is,consistent with the CONTRACTOR's legal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of'workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONTRACTOR's cornmitments, under section 202 of Executive Order 11246 of September 24, 1965, 8 5) and shall post copies of the notice in conspicuous places available to employees and applicants for employment, 6) The CONTRACTOR will comply with all provisions 0fJ."1XCcL1fiVC Order 11246 of September 24, 19,65,and of the rules, regulations,and relevant orders of the Secretary of Labor. 7) The CONTRACTOR will furnish all information and reports required by Executive Order I 1246 of September 24, 1965, and by the rules, regulations, and orders of`the Secretary of Labor, or pursuant thereto, and will permit access to his books-,avc,0,Vdg and accounts by the contracting agency and the Secretary of Labor for purposes (Af investigation to ascertain compliance with such rules, regulations,and orders, 8) In the event of the CONTRACTOR's non-compliance with the nondiscrimination clauses 011 this contract or with any of such rules,, regulations, or orders, this contract ji'my be canceled,terminated or suspended in whole or in part and(fie CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of Scptcmbcr 24, 1965,or by rule,rcgulation,or order of the Secretary of Labor, or as otherwise provided by law. Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1121,6 of September 24, 19 5, or by rule, regulation, or order of the Secretary of Labor, or as, otherwise provided by law. ell i) Covenant of No Interest: County and CONTRAcf-OR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of I each its to perform and reccive benefits as recited in this Agreement. 'D Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employces as delineated in Section 1 123 13, Florida Statutes, regarding, but not firnited to, solicitation or acceptance of gifts; doing business with one's agency;unauthorized compensation;misuse of public position,conflicting employment or contractual relationship; and disclosure or use of certain information, k) No Solicitation/Payment: The County and CONTRACTOR warrant that, in respect to itself,it has neither employed nor retained any cornpany or person,other than as bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide ernployee working solely for it, any fee, commission,percentage,gift,or other consideration contingent upon or resulting from the award or making cif this.Agreement. For the breach or violation of the provision,the CONTRACTOR agrees that file County shall have the right to terminate[his,Agreement without liability and,at its,discretion,to offset from,monies owed, or otherwise recover, the ftill amount of such fcc,corm-nission, percentage,gift,or consideration, 9 1) Public Records Compliance: CON'I`RACTOR must comply with Florida public records laws,including Dart not firnited to Chapter 119,Florida Statutes and Section 24 ofarticle I ofthe Constitution of Florida. The County and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters, or other"public record" materials in its possession or Linder its control subject to the provisions,of Chapter 1 19�, Florida Statutes,and rnade or received by the,County and CONTRACTOR in conjunction with this contract and related to contract perl'orinance. The County shall have the right to unilaterally cancel this contract upon violation ofthis provision by the CON r FRACTOR. Vai I ure of the CONTRACTOR to abide by the terms of this provision shall be deerried a material breach of this contract and the County may enflorce the terms of this provision in the form of a Court Proceeding and shall,,as a prevailing party,be entitled to reunbursernent of all attorney's tees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract, The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract,the CONTRAC'I'0R is required to: (1) Keep and maintain public records that would be required by the County to perform the seervice. (2) Upon receipt from the County's custodian ofirecords, provide the County with a copy O,,f the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, (3) Ensure that public records, that are exempt or confidential and exempt frorn public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONTRACTOR does not transfer the records to the County. (4) t..Jpon Wrupl6011 of the contract,transfer,at no cost,to the County all public records in possession of the CONTRAcl-OR or keep and maintain public records that Would be required by the County to perform, the service. If the CONTRACTOR transfers all public records to the County upon completion olf the contract, the CON,rRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request front the County's custodian of records, in a format that is cornpatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be rnade directly to tile County,but if the COUrny does not possess the requested records, the County shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records, to the County 011' allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with the County's request for records,the County shall enforce the pubk6c records contract provisions in accordance with the contract,notwitfistanding the County's option aad right to unilaterally cancel this contract Upon violation of this provision by the CONTRACTOR, A CO�N'l RAc,f-OR who fails,to provide the public records to tile County Or Pursuant 10 a Valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. "I'he CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless,or otherwise provided in this provision or as otherwise provided by law. IF THE (,'0N,rRAC "CAR 1JA.S QUESTIONS REGARDINC THE APPLICATION O�F CHAPTER 11,9, HDRIDA STATUTES TO THE (J)NTRACTOR'S DUTY TO PROVIDE PUBLIC RISC 0RDS RELATING TO THIN CONTRACT ONTAUl'TIE CUSTODIAN OF PUBLIC RECOROS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN(a--)MONROE,("OUN'rY-F'L.GOV$,MONR-O.E.-COUNTY ATTORNEY'S OFFICE I 111 12 Street,5.1U ITE408 KEY WEST, 11,33040. 10 m) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes,the participation of the County and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. n) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. o) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as,authorizing the delegation of the constitutional or statutory duties of the County,except to the extent permitted by the Florida constitution, state statute, and case law. p) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the CONTRACTOR agree that neither the County nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals,entity or entities,have entitlements or benefits under this Agreement separate and apart,inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. q) Attestations: CONTRACTOR agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. r) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. s) Execution in Counterparts: This Agreement may be executed in any number of counterparts,each of which shall be regarded as an original,all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. t) Section Headings: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. u) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project. ]l v) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the CONTRACTOR covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees, and FDOT harmless from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and(iii)costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than$1 million per occurrence pursuant to F. S. 725.06. In so far as the claims, actions, causes of action,litigation,proceedings,costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project(including the work of others)is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance,the CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to,reduced,or lessened by the insurance requirements contained elsewhere within General Insurance Requirements Section 900. In the event any claims are brought or actions are filed against the County with respect to the indemnity contained herein, the CONTRACTOR agrees to defend against any such claims or actions regardless of whether such claims or actions are rightfully or wrongfully brought or filed. The CONTRACTOR agrees that the County may select the attorneys to appear and defend such claims or actions on behalf of the County.The CONTRACTOR further agrees to pay at the CONTRACTOR's expense the attorneys' fees and costs incurred by those attorneys selected by the County to appear and defend such actions or claims on behalf of the County at both the trial and appellate levels. The County at its sole option, shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the County. LALI ggjLgL of er t r uirement To the extent provided by law,CONTRACTOR shall indemnify, defend,and hold harmless the COUNTY and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of,relating to, or resulting from negligent or wrongful act(s) of CONTRACTOR, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by CONTRACTOR. The foregoing indemnification shall not constitute a waiver of the Department's or COUNTY's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by CONTRACTOR t o indemnify C O U N T Y for the negligent acts or omissions of COUNTY,its officers,agents,or employees,or third parties. Nor shall the same be construed to constitute agreement by CONTRACTOR to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." The CONTRACTOR will include the above indemnification in any sub-contracts. 12 W) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. Ifthe issue or issues are still not resolved" the satisfaction of the parties, then arly party shall have the right to seek Such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not Subject to arbitration. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. X) Cancellation: In the event that the CONTRACTOR shall be found to be negligent in any aspect of installation,stocking, maintenance,repair,or service, the County shall have the right to terminate this agreement after five (5)calendar days' written notification to the CON-i-RACTOR. Y) Cooperation- In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings,, and other activities related to the substance of this Agreement or provision of the services under this, Agreement. County and CONTRACTOR specifically agree that no party to. tKIb,,, Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Z) Insurance: Prior to commencement of work the CONTRACTOR wiill provide satisfactory evidence of insurance as required in Specification Section 00900 General insurance Requirements for G01IStrUCtion CONTRACTORs and Subcontractors. The CONTRACTOR shall name the Monroe C'MUnty Board of County Commissioners, its employees and officials and the FDOTas,"Additional Insured"on all policies except for Worker's Compensation, aa) Inspector General: rl'he CONTRACTOR agrees to comply with s.20,055(5) Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s,201,055(5), Florida Statutes. "(5) It is tile duty of every state oflIcer, employee, agency, special district, board, commission, CONTRACTOR, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing Pursuant to this section." T7 Ownership of the Project Documents: The documents prepared by the CONTRACTOR for this Project belong to the (.,ounty and may be reproduced and copied without acknowledgement or perwissirm of the CONTRACTOR. 7.8 Successors and Assigns: The CONTRA(".TOR shall riot assign 01'Subcontract its obligations under this agreement,except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may dcern necessary. This paragraph shall be incorporated by reference into any assignment or Subcontract and any assignee or subcontractor shall cornply with all of the provisions of this, Agreement. Subject to the provisions of the ininiediately preceding sentence,each party hereto binds itself,its successors,assigns,and legal representatives to the other and to the successors,assigns and legal representatives of'such other party. T9 No third Party Beneficiaries-Nothing contained herein shall create any relationship,contractual or otherwise, with or any rights in favor or, any third party. 7.10 The CONTRACTOR will provide copies o,f,subcontractor agreements prior to execution to ensure that the contract provisions are included in these subcontractor agreenients. All subcontractor agreements to be entered in FDOT FOC prograrn to be in cornpliance with DBE program, 13 7.11 FLORIDA DEPAR'I'MEN'f' OF 'I'R,ANSPOR'I'A'I'ION REQUIREMLNTSThe following forms and provisions are incorporated herein and made a part of this contract, 7.12 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS Compliance with FHWA 1273: The FHWA-1273 Electronic version, dated May 1,2012 is posted on the Department's website at,the following tJRL address Ilt!12s,.,(/fclot,wvww.t)l.ob.core.wiiid igijsr �ty t L q%i.L ttws/default_ tc co 1124 6 8 ao)190 4 Kt&- (d 3,��4 1481394569982' 1'r. d 2 Take responsibility to obtain this inforrviation and comply with all requirements posted on thk website Lip through five calendar days before the opening of bids. Comply with the provisions contained in F1 IWA-I 271 If the Department's website cannot be accessed, contact the Department's Specifications Office Web Coordinator at(850)414-4 10 1. Wage Rates for Federal-Aid Projects. For this Contract, payment of predetermined minimum wages applies. The U.S. Department of Labor (USDOL) Wage Rates applicable to this Contract are listed in Attachment C,as modified up through ten days prior to the opening of bids. Obtain the applicable General Decision(s) (Wage Tables) through the Department's Office of Construction website and ensure that employees receive the minimum compensation applicable. Review the General Decisions for all classifications ncoessary in completc the project Recloicst additional ClaqldfiCatiOnS through the Frigincer's office when needed. For guidance on the requirements for the payment of wages and benefits and the submittal of certified payrolls,and for general guidance and examples Of 111LINPIC wage rates when assigned to a Contract,refer to the Department's Office of Construction website. Questions regarding wage rates and the applicability of wage tables should be submitted in accordance with Section 010,100 Instruction to Bidders, 7.13 The CONTRACTOR and its subcontractors must follow the provisions as set forth in 2 C.F.R. §2010.326 Contract provisions and Appendix 11 to 2 C.F.R. Part 200, as amended including but not limited to ., i. Clean Air Act(42 U.S.C. 7401-767 1 q.)and the Federal Water Pollution ContrO Act(33 U.S,C, 125 1- 1387), as amended— Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act,the Federal Water Pollution Control Act as amended, and the National Environmental Policy Act(NEIIIA). Violations must be reported to FDOT, the Federal awarding agency, FEMA, and the Regional Office of the Environmental Protection Agency(EPA),as needed. ii. Davis-Bacon Act:as,amended(40 U&C. §§3 141-3 148).When required by Federal prograin legislation, which includes emergency Management Preparedness Grant Program, I lorneland Security Grant Program, Nonprofit Security Grant Program,Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,0,00 awarded by non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3 141-3144, and §§3146-3 148) as supplemented by Department of Labor regulations(29 CFR Part 5,"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"), In accordance with the statutes; CONTRACTORs rust be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORs must be required to pay wages not less than once a week. "I'he current prevailing wage 14 determination issued by the Department of Labor is included and attached as Attachment C. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination,The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal pro rare legislation, which includes emergency Management Preparedness Grant Program, flonieland Security Grant Program, Nonprofit Security Grant Program, Tribal I loincland Security Grant Program, Port Security Grant Program and "Transit Security Grant Program (it does riot apply to other FEMA grant and cooperative agreement progratris, including the Public Assistance Program), time CONTRACTORs must also comply with the Copeland "And-Kickj)aW' Act (,4Q U,,,SE, § 3145), as supplemented by Department of Labor regulations(29 CFR Part 3, on Public Building or Public Work Financed in Whole or in Part by Loans or Grants f ioni the United States"), As required by the Act,cacti CONTRACTOR or subrecipient is prohibited frorn inducing,by any means,any person employed in the construction,Completion, or repair Of public work, to give Lip any part of the compensation to which he or she is otherwise entitled, The COUNTY must report all suspected or reported violations to the Federal awarding agency, (1) CONTRAUK)R.The CONTRACTOR shall comply with 18 U.S.0 . §874,40 U.S.C. § 3145, and the requirements of 29 U`K pt. 3 as may be applicable, which are incorporated by reference into this contract, (2) Subcontracts. T'he (",ONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FTMA may by appropriate instructions require,and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shal I be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a CONTRAC,rop, and subcontractor as provided in 29 CYK § 5.12, Wage Rates for-Federal-Aid Projects(Section 7-16 of F DOT specifications), For this Contract, payment of predetermined minirnum wages applies. The U.S. Department of Labor (USDOL) Wage Rates applicable to this Contract are listed in Attachment C,as modified up through ten days prior to the opening of bids. Obtain the applicable General Decision(s) (Wage Tables) through the Department's, Office of Construction website and ensure that employees receive the minimum compensation applicable,Review the General Decisions for all classifications necessary to complete the prowled. Request additional classifications through the EIngineer's office when needed. For guidance on the requirements for the payment of wages and benefits and the submittal of certified payrolls, and for general guidance and examples of multiple wage rates when assigned to a Contract, refcr to the Department's Office of Construction website, Questions regarding wage rates and the applicability of wage tables should be submitted in accordance with 2-4. fli. Contract Work Hours and Safety Standards Act: (40 U.S.C. 3701-3708), Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment ofmechamcs or laborers, Must Comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CTR Part 5), Under 40 US. ', §3702 of the Act, cacti CONTRACTOR must compute, the wages of every mechanic, and laborer on the 15 basis of a standard work week of 40 hours, Work in excess of the standard work week is permissible provided that the worker is compensated at it rate ofrLot less than one and a halftitnes the basic rate of pay for all hOUrs worked in excess of 40 hours in the work week. The requirements of"40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. "I'llese requirements do not apply to the purchases of supplies or materials or articles ordinarily available oil the open market,or contracts for transportation or transmission of intelligence. iv. Rights,to Inventions: Made Under a Contract or Agreement. If the Federal award meets the definition of"'funding agreement" under 37 C TR §401 2 (a) and the recipient or subrecipient wishes to, enter into a contract with a small business, firm or nonprofit organization regarding the substitution of parties,, assignment or perfortnance of experimental, developmental, or research Work Linder that "funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFI Part 401, "Rights to Inventions Made by Nonprofit Organizations and Sinall Business Firms Undcr Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency, v, Clean Air Act: (42 U SC 7401-7671cl.) and the Federal Water Pollution Control Act: (33 U.S.C, 125 ll-1387), as amended—Confracts and SUbgrants of amounts in excess of$150,000 must comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C, 7401-767 1 q), and the Federal Water Pollution Control Act as arnended (33 US.0 1251-138�7). Violations rnust be reported to tile Federal awarding agency and the Regional Office of the Environmental Protection Agency (EIIA). vi. Debarment and Suspension: (Executive Orders, 12549 and 12689) A contract award (see 2 CFR 180,220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp., p, 189)and 12689(3 CFR part 1989 Cornp., p. 235), "Debarment and Suspension," SAM Exclusions contains tile nanles of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 1254f9. vii, Byrd Anti-Lobbying Amendment: (31 U.S.C. 1352)--(`ON,rRAC`rORs that apply or bid fbr an award exceeding $100,000 must file the required certification. Each tier certifies to tile tier above that it will not and has, not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency.a member of Congress, officer or employee of Congress, or an employee of a.mernber of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 US.C. 1352, Each tier must also disclose any lobbying with non- Federal funds that Lakes place in connection with obtaining any Federal award. Such disclosures are forwarded 15rorn tier to tier up to the non-Fedcral award. viii. Compliance with Procurement of recovered materials: As set forth in 2 CFR § 200.322. CONTRACTOR most comply with section 6002 of the Solid Waste disposal Act, as amendi-nicnt by the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring only items designed in guidelines,of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of"recovered rrmlerials pracdcabie, consistent with maintaining a salisf,"actory level of competition, where the purchase price of the item exceeds $10,000 Or the Value of the quantity acquired during the preceding fiscal year exceeded$10,0100; procuring solid waste nianagernent services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement ofrecovercd materials identified in the EPA guidelines, 16 ix. Americans with Disabilities Act of 1990 (ADA): The CONTRACTOR will comply with all tile requiretilents as imposed by the ADA,the regulations of the Federal government issued thereunder,and the assurance by the CONTRAUFOR pursuant thereto. x. Disadvantaged Business Enterprise(DiBE) Policy and Obligation- It is the policy ofthe 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, Contractor shall enter their bid opportunity information in the FDOTI.�"OC for prime and all subcontractors. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to CrISUre that DBE's have the opportunity to participate in the performance of this Agreement, In this regard,all recipients kind CONTRACTORs shall take all necessary and reasonable steps in accordance with applicable federal and state laws and mg Ulations to ensure that the DBE's have the oppontinity to:compete for and perform contracts.The:COUN,"fY and the CONTRACTOR arid subcontractors shall not discriminate oil the basis of race,color,national origin or sex in the award and performance of contracts,entered pursuant to this Agreement. xi, 'rhe CONTRACTOR shall utilize the U.S. Department ofHolmelland Security's, E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly rOqUirc any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Horrieland Security's E-Verify system to verify the employment eligibility of all new employees hired by tile S U becin tractor during the Contract term. 7.14 CONTRACTOR Purchase Equipment for Local Owner%hip° in accordance with the provisions of 23 Cl,R 140 the CONTRACTOR will not purchase equipment for Coounly ownership. 7,15 Certification of Disclosure of Lobbying Activities: L'xiecuted copies, of FDOT Certification for Disclosure of Lobbying Activities,on Federal Aid Contracts form 375-030-33 and Disclosure of Lobbying Activities Form 375-030-34 that were submitted with CONTRACTOR Bid Proposal are included as Attachment D to the contract. 7,16 Statement of No Conflict. Neither the COUNTY nor any of its CONTRAC"TORs 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 11roject in which any member, officer or employee of the COUNTY or the locality during tenure or for 2 years thereafter has any interest,director indirect. If any such present or former member,officer or employee involuntarily acquires or had acquired prior to tile beginning of tenure any such interest, and if such interest is immediately disclosed to the COUNTY, tile COUNTY, 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 COUNTY or the locality relating to Such contract,Subcontract or arrangement. The COUNTY shall insert in all contracts entered into in connection with the Pt-qjcct 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: "Noi member,officer or employee of the COUNTY or of the locality during his tenure or 1:6r 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 COUNTY arid its, fiscal depositories or tea any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 17 7.17 Compliance with Procurement of recovered materials: as set forth in 2 CFR § 200.323. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring Only items designated in guidelines of the Environmental Protection Agency(EPA) at 40 C.F.R part 247 that contain [fie highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level ofcompetition, where the purchase price ofthe item exceeds$10,000 or the value ofthe quantity acquired during the preceding fiscal year exceeded$10,000;procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an afflrinative procurement program for procurement of recovered materials identified in the EPA guidelines, In the performance of this, contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2, Meeting contract performance requirements;or 3.At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at ETA's Comprehensive Procurement Guidelines web site, httl)s://www.epa.gov/stnm/comprehetisiveprocuremetit- guidcline-cfig-prograM. The CON rl RAC TOR also agrees to comply with all other applicable requirements of"Section 6002 of the Solid Waste Disposal Act. 7.18 Prohibition on certain telecommunications and video surveillance services or equipment: as set forth in 2 CFR§200.216. Recipients and subrecipients and their CONTRACTORS and subcontractors may not obligate or expend any federal I'MICIS to(1) Procure or obtain;(2)Extend or renew as contract to procure or obtain; or (3) I'lister into a contract(or extend or, renew a contract) to procure or obtain services, or sysicins, that uses covered leleconlillunications equipment or services as a substanlial or e"isuntial coulponcrit of ally system, or as critical technology as part of"any systeim, As described in aalb Law 115-232" section 889, covered telecommunications p%!jjjqLe!j!is te leconi,III unicati oils qqgj!.Vjjjgnj produced by Huawei Technologies Company ai ZII'F-,, Corporation for any S ........... (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video Surveillance and tOCCOMmunications qq!6s jjj��rijt prodLiccd by Hylera Communications Corporation, f larigzhou lfikyision Digital Tcchno ogy Company, or Dahua "technology Conil)an (or any subsidiary.or affihaw of such (ii)Telecouirnunications or video survoiltance services provided by such entities or using Such KtI'LftlLwol. 66)"T'efecotiitii!tj,iiicatiotis, or video surveillance gClri P-.p!icill or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director ofthe National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 7.19 Domestic preference for procurements as set forth in 2 CFR §200.322 The COUNTY and CONTRACTOR should,to the great extent practicable, provide a preference for the purchase,acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in (lie United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2)"Manufactured products"means itenis and construction materials composed in whole or in part of non- 18 ferrous inetals such as aluminum; plastics and poly nier-based products such as polyvinyl chloride pipe; aggregates such as concrete;glass, including optical fiber; and lumber. 7.20']'lie follow items will"i'i"ot be'a'Ilowc"d in this,contract: 1. CONTRACTOR Purchased Equipment for State or Local Ownership- Per 23 CM 140/2 CFR 200.313 and 23 U,S.C. 302, 2. State of Florida or other locally Iproduced materials. Preference program mandating materials purchasing requirements or restrictions are not allowed. Per 23 CFR 635.409 3. Public Agencies in Competition with the Private Sector Per 23 CI 635.1 12(c), 4. Publicly owned Equipment- Per,23 CTR 635.l 06, 5. State/Local Owned/ Furnished Designated Materials Per 23 CHI 635.407 Note: Local Agency tax savings prograrns are will not be allowed. 6. Local/State Hiring Preferences Per 23 CTR 635,117)and 23 CFR 635.112(d). No Preference prograrns. Examples include in-state or local business; location of CONTRACTOR; limitations in business enterprises; local economic development hiring practices or programs;targeted hiring practices or programs(e.g., homeless, wel ffirc-to-work, veterans); or exclusionary business preferences not based on federal sanctions. 7. Paten ted/Propricta ry/Solle Sources,Materials will not be aUwed on this contract.337,02 I",S, & Incentive/ Disincentive Clauses.The Agency has,elected not to use incentive/disincentive clauses in this proposal. Per 23 (A"R 63 5.127(d& 0. 9. Indian Preference on Federal Aid Projects(Labor&Employment) is not allowed on this contract. Per 23 CFR 635 11 7(c), W. Owner Force Account Contracting Per 23 CFR 635 Subpart B &255.20 F& 11. Foreign CONrRACTOR and Supplier Restrictions. Agency will not limit this proposal to domestic owned(,'ONIRACTORs only. Per 49 CFR 30 ARTICLE 8 Termination or Suspension 8.1 In the event that the CONTRAcrm shall' be found to be negligent in any aspect of service, [lie COUNTY shall have the right to terminate this,agreement after five(5)calendar days' written notification to the CONTRACTOR, 8.2 Either of the parties hereto may cancel this Agreement without cause by giving the other patty sixty (6O�)days written notice of its intention to do so. 8.3 Termination for Cause and Remedies: In the event of breach of any contract terms,the COUNTY retains the right to terminate this Agreement. The COUN]'Y may also terminate this agreement for cause with CONTRACTOR should CONTIZACroR fail to perforrn the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide MNITRAC'I'M with five(5)calendar days notice and provide the CONTRACTOR with an opportunity to CUre the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause, If the COLJNI'Y terniinates this agreement with the CONTRACTOR, C()(Wry shall pay CONTRACTOR tile SlUrn due the COWRACTOR Under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract, however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. 'rhe maxiinum 19 amount due to CON'FRAC'YOR shall not in any event exceed the spending cap in this, Agreement. In addition,the COUNT reserves all rights available to recoup monies paid Under this Agreei'n ent, including the right to sue for breach of contract and including the right to pursue a claim for violation of tile COUN'ry,s False Claims Ordinance, located at Section 2-72 1 el al.of'Hx Monroe i.',.o my(t*. 8.4 'Termination for Convenience: T'he COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60)days' notice to CON'I'RAC-l'OR. The COUN'FY may also terminate this agreement for cause with CON'FRNUIUR should CON'TRAGfOR Rfll to perflorn'i the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, tile COUN'TY shall provide C0N'fRAC'FOR with five (5) calendar days' notice and provide the CONTRAC'FOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. It' the COUNTY terminates this agreement with the CONTRAC'TOR, COUN'FY shall pay CON'FRAC71"OR the surn due the (,,',ON'FRACrI'OR Under this agreement prior to termination, unless (lie cost of completion to the COLJN'FY exceeds the funds remaining in the contract. Me maximurn amount due to CONTRAGrOR shall not exceed the spending cap in this Agreement. In addition, the COUN'TY reserves all rights available to recoup monies paid Under this Agreement, including the right to sue for breach of contract and including the right to pursue a plaint for violation of the C,(XJN'fY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 8,5 For Contracts of any amount, if the County determines that the CON'FRACJOR/Consultant has submitted a fialse certification under Section 287,135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel„ the County shall have the option of(1)terminating the Agreement after it has given the CON'FRACTOR/CouMlltant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287,135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes,are rnet. 8.6 Suspension ofthc Work pursuant to 23 CFTC 635.1 09, 2) Suspensions of'work ordered by the engineer-, (i) Ifthc performance ofall, or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period offirne (not originally antic i plated, customary, or inherent to the construction industry)and the contractor believes that additional compensation and/or contract time is due as a re&uft of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to TVSUrne work, The request shall set forth the reasons and support for SLIC11 adjustment. (ii) Upon receipt, the engineer will evaluate tile contractor's request. If the engineer agrees that the cost and/or tirne required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control ofand not the fault ofthe contractor, its suppliers, or Subcontractors at any approved tier,and not caused by weather,the engineer will make an adjustment (excluding profit')and modify the contract in writing accordingly. 'I'lle contractor will be notified of the engineer's deterl,nination whether or not an adjustment of tile contract is, warranted. (iii) No contract adjustment will be allowed unless the contractor has submitted the request for adjUSIRient within the time prescribed. (iv) No contract adjustment will be allowed under this clause to tile extent that performance would have been Suspended or delayed by any other cause,or for which an adjustment is provided or excluded under any other term or condition of this contract, 210 Article 9 Enumeration of Contract Documents 9.l 'rhe Contract Docurnents, except for Modifications issued after execution of this Agreement, are enurnerated as follows: See Article 1 9.1.1 The Agreement is this executed Standard Forin of Agreernent between Owner and CONTRACTOR. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated January 2022 and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated January 2022 as in Subparagraph 9.1.3, and are as follows: As listed in'rabic of Contents, Section 00001 of the Project Manual for this project. 9.1.5 'The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: CSA Engineering Signed and Sealed Drawings Dated. 5.20.21 Sheets: I thru 14, CTL I thru 3 9.1.6 The Addenda, if any, are as follows: Portions of Addenda relating to bidding requirenients are not part of the Contract Docurnents unless the bidding requirernents are also enumerated in this Article 9�. 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County Bid Forrn in Section 00 110, See Article 1; IN WITNESS WHEREOF the parties hereto have executed this Agrecrnesit on the day and date,first written a ove, clectronical]y signed and transrnittcd and to be deeined an original contract. 21 (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEIVIN MADOK, Clerk OF PM ONROE COUNTY, FLO141DA By: By As Deputy Clerk Mayor Date (SEAL) CONTRAC' Attest: c Hey TP 1 lnc� " , Is By« .111,..............1�11. .............. By. ............. ........ . Title� Title-. .................. ........................... MORROE COUNTY A17ORMY ah J�4 CHMSTM WMBERT*DARROWS M515TAKTCVUNTY ATTORMY DATE'.=22........... END OF SEC'110N 00500 22 ATTACHMENT A Appendices A and E 7/27/21 CONTRACT DOCUMENTS 00500-2 APPENDICES A and E 7-31 Title VI Assurance—DOT 1050.2A,Appendix A and Appendix E. 7-31.1 Appendix A: During the performance of this Contract, the CONTRACTOR, for itself, its assignees and successors in interest(hereinafter referred to as the "CONTRACTOR") agrees as follows: 1. Compliance with Regulations: The CONTRACTOR shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the US Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. 2. Nondiscrimination: The CONTRACTOR, with regard to the work performed by it during the Contract, shall not discriminate on the basis of race, color, national origin or sex in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for subcontractors, including procurements of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the CONTRACTOR for work to be performed under subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the CONTRACTOR of the CONTRACTOR's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, or sex. 4. Information and Reports: The CONTRACTOR shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, order and instructions. Where any information required of a CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information the CONTRACTOR shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the CONTRACTOR's noncompliance with the nondiscrimination provisions of this Contract, the Florida Department of Transportation shall impose such Contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the CONTRACTOR under the Contract until the CONTRACTOR complies, or b. cancellation, termination or suspension of the Contract, in whole or in part. 6. Incorporation of Provisions: The CONTRACTOR shall include the provisions of this Appendix in every subcontract, including procurements of materials and leases of 7/27/21 CONTRACT DOCUMENTS 00500-3 equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The CONTRACTOR shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance,provided, however, that, in the event a CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the CONTRACTOR may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. 7-31.2 Appendix E: During the performance of this Contract, the CONTRACTOR, for itself, its assignees, and successors in interest(hereinafter referred to as the "CONTRACTOR" agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired of Federal or Federal-aid programs and projects); 3. Federal-Aid Highway Act of 1973, (23 U.S.0 § 324 et seq.), (prohibits discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); 6. Airport and Airway Improvement Act of 1982, (49 U.S.C. 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color national origins or sex); 7. The Civil Rights Restoration Act of 1987 (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and CONTRACTORS, whether such programs or activities are Federally funded or not); 8. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; 9. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); 10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs,policies, and activities with disproportionately 7/27/21 CONTRACT DOCUMENTS 00500-4 high and adverse human health or environmental effects on minority and low-income populations; 11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 12. Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination based on sex in education programs, or activities (20 U.S.C. 1681 et seq.). SECTION 8—PROSECUTION OF WORK. 8-1 Subletting or Assigning of Contracts. Do not, sell, transfer, assign or otherwise dispose of the Contract or Contracts or any portion thereof, or of the right, title, or interest therein, without written consent of the Department. If the CONTRACTOR chooses to sublet any portion of the Contract, the CONTRACTOR must provide a written request to sublet work on the Certification of Sublet Work form developed by the Department for this purpose. With the Engineer's acceptance of the request, the CONTRACTOR may sublet a portion of the work, but shall perform with its own organization work amounting to not less than 40% of the total Contract amount. The Certification of Sublet Work request will be deemed acceptable by the Department, for purposes of the Department's consent, unless the Engineer notifies the CONTRACTOR within 5 business days of receipt of the Certification of Sublet Work that the Department is not consenting to the requested subletting. Include in the total Contract amount the cost of materials and manufactured component products, and their transportation to the project site. For the purpose of meeting this requirement the Department will not consider off-site commercial production of materials and manufactured component products that the CONTRACTOR purchases, or their transportation to the project, as subcontracted work. If the CONTRACTOR sublets a part of a Contract item, the Department will use only the sublet proportional cost in determining the percentage of subcontracted normal work. Execute all agreements to sublet work in writing and include all pertinent provisions and requirements of the Contract. All other agreements must be in writing and reference all applicable Contract provisions. Upon request, furnish the Department with a copy of the subcontract and agreement. The subletting of work does not relieve the CONTRACTOR or the surety of their respective liabilities under the Contract. The Department recognizes a subcontractor only in the capacity of an employee or agent of the CONTRACTOR, and the Engineer may require the CONTRACTOR to remove the subcontractor as in the case of an employee. 7/27/21 CONTRACT DOCUMENTS 00500-5 ATTACHMENT B FHWA 1273—Federal Aid Construction Contracts 7/27/21 CONTRACT DOCUMENTS 00500-6 FHWA-1273--Revised July 5,2022 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS performed on the contract by the contractor's own organization I. General and with the assistance of workers under the contractor's II. Nondiscrimination immediate superintendence and to all work performed on the III. Non-segregated Facilities contract by piecework,station work,or by subcontract. 23 IV. Davis-Bacon and Related Act Provisions CFR 633.102(d). V. Contract Work Hours and Safety Standards Act Provisions 3. A breach of any of the stipulations contained in these VI. Subletting or Assigning the Contract Required Contract Provisions may be sufficient grounds for VII. Safety:Accident Prevention withholding of progress payments,withholding of final VIII. False Statements Concerning Highway Projects payment,termination of the contract,suspension/debarment IX. Implementation of Clean Air Act and Federal Water or any other action determined to be appropriate by the Pollution Control Act contracting agency and FHWA. X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion 4. Selection of Labor: During the performance of this contract, XI. Certification Regarding Use of Contract Funds for the contractor shall not use convict labor for any purpose Lobbying within the limits of a construction project on a Federal-aid XII. Use of United States-Flag Vessels: highway unless it is labor performed by convicts who are on parole,supervised release,or probation. 23 U.S.C. 114(b). ATTACHMENTS The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. A. Employment and Materials Preference for Appalachian 23 U.S.C. 101(a). Development Highway System or Appalachian Local Access Road Contracts(included in Appalachian contracts only) II. NONDISCRIMINATION(23 CFR 230.107(a);23 CFR Part 230, Subpart A,Appendix A; EO 11246) I. GENERAL The provisions of this section related to 23 CFR Part 230, 1. Form FHWA-1273 must be physically incorporated in each Subpart A,Appendix A are applicable to all Federal-aid construction contract funded under title 23, United States construction contracts and to all related construction Code,as required in 23 CFR 633.102(b)(excluding subcontracts of$10,000 or more. The provisions of 23 CFR emergency contracts solely intended for debris removal). The Part 230 are not applicable to material supply,engineering,or contractor(or subcontractor)must insert this form in each architectural service contracts. subcontract and further require its inclusion in all lower tier subcontracts(excluding purchase orders,rental agreements In addition,the contractor and all subcontractors must comply and other agreements for supplies or services). 23 CFR with the following policies: Executive Order 11246,41 CFR 633.102(e). Part 60,29 CFR Parts 1625-1627,23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. 794), The applicable requirements of Form FHWA-1273 are Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C. incorporated by reference for work done under any purchase 2000d et seq.),and related regulations including 49 CFR Parts order, rental agreement or agreement for other services. The 21,26,and 27;and 23 CFR Parts 200,230,and 633. prime contractor shall be responsible for compliance by any subcontractor,lower-tier subcontractor or service provider. 23 The contractor and all subcontractors must comply with: the CFR 633.102(e). requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b)and,for all construction contracts exceeding$10,000, Form FHWA-1273 must be included in all Federal-aid design- the Standard Federal Equal Employment Opportunity build contracts,in all subcontracts and in lower tier Construction Contract Specifications in 41 CFR 60-4.3. subcontracts(excluding subcontracts for design services, purchase orders,rental agreements and other agreements for Note:The U.S. Department of Labor has exclusive authority to supplies or services)in accordance with 23 CFR 633.102. The determine compliance with Executive Order 11246 and the design-builder shall be responsible for compliance by any policies of the Secretary of Labor including 41 CFR Part 60, subcontractor,lower-tier subcontractor or service provider. and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure Contracting agencies may reference Form FHWA-1273 in compliance with 23 U.S.C. 140,Section 504 of the solicitation-for-bids or request-for-proposals documents, Rehabilitation Act of 1973,as amended(29 U.S.C. 794),and however,the Form FHWA-1273 must be physically Title VI of the Civil Rights Act of 1964,as amended(42 U.S.C. incorporated(not referenced)in all contracts,subcontracts and 2000d et seq.),and related regulations including 49 CFR Parts lower-tier subcontracts(excluding purchase orders, rental 21,26,and 27;and 23 CFR Parts 200,230,and 633. agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). The following provision is adopted from 23 CFR Part 230, Subpart A,Appendix A,with appropriate revisions to conform 2. Subject to the applicability criteria noted in the following to the U.S. Department of Labor(US DOL)and FHWA sections,these contract provisions shall apply to all work requirements. 1 1. Equal Employment Opportunity: Equal Employment d. Notices and posters setting forth the contractor's EEO Opportunity(EEO)requirements not to discriminate and to policy will be placed in areas readily accessible to employees, take affirmative action to assure equal opportunity as set forth applicants for employment and potential employees. under laws,executive orders,rules,regulations(see 28 CFR Part 35,29 CFR Part 1630,29 CFR Parts 1625-1627,41 CFR e. The contractor's EEO policy and the procedures to Part 60 and 49 CFR Part 27)and orders of the Secretary of implement such policy will be brought to the attention of Labor as modified by the provisions prescribed herein,and employees by means of meetings,employee handbooks,or imposed pursuant to 23 U.S.C. 140,shall constitute the EEO other appropriate means. and specific affirmative action standards for the contractor's project activities under this contract.The provisions of the 4. Recruitment: When advertising for employees,the Americans with Disabilities Act of 1990(42 U.S.C. 12101 et contractor will include in all advertisements for employees the seq.)set forth under 28 CFR Part 35 and 29 CFR Part 1630 notation: "An Equal Opportunity Employer." All such are incorporated by reference in this contract. In the execution advertisements will be placed in publications having a large of this contract,the contractor agrees to comply with the circulation among minorities and women in the area from following minimum specific requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. 23 CFR 230.409(g)(4)&(5). meet this requirement,the contractor will identify sources of potential minority group employees and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex, agreement providing for exclusive hiring hall referrals,the sexual orientation,gender identity,color, national origin,age contractor is expected to observe the provisions of that or disability. Such action shall include:employment, agreement to the extent that the system meets the contractor's upgrading,demotion,or transfer; recruitment or recruitment compliance with EEO contract provisions. Where advertising; layoff or termination; rates of pay or other forms implementation of such an agreement has the effect of of compensation;and selection for training,including discriminating against minorities or women,or obligates the apprenticeship,pre-apprenticeship,and/or on-the-job contractor to do the same,such implementation violates training." Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make c. The contractor will encourage its present employees to known to the contracting officers an EEO Officer who will have refer minorities and women as applicants for employment. the responsibility for and must be capable of effectively Information and procedures with regard to referring such administering and promoting an active EEO program and who applicants will be discussed with employees. must be assigned adequate authority and responsibility to do so. 5. Personnel Actions:Wages,working conditions,and employee benefits shall be established and administered,and 3. Dissemination of Policy:All members of the contractor's personnel actions of every type, including hiring,upgrading, staff who are authorized to hire,supervise,promote,and promotion,transfer,demotion,layoff,and termination,shall be discharge employees,or who recommend such action or are taken without regard to race,color,religion,sex,sexual substantially involved in such action,will be made fully orientation,gender identity,national origin,age or disability. cognizant of and will implement the contractor's EEO policy The following procedures shall be followed: and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above a. The contractor will conduct periodic inspections of project agreement will be met,the following actions will be taken as a sites to ensure that working conditions and employee facilities minimum: do not indicate discriminatory treatment of project site personnel. a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then b. The contractor will periodically evaluate the spread of not less often than once every six months,at which time the wages paid within each classification to determine any contractor's EEO policy and its implementation will be evidence of discriminatory wage practices. reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of b. All new supervisory or personnel office employees will be discrimination. Where evidence is found,the contractor will given a thorough indoctrination by the EEO Officer,covering promptly take corrective action. If the review indicates that the all major aspects of the contractor's EEO obligations within discrimination may extend beyond the actions reviewed,such thirty days following their reporting for duty with the contractor. corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for d. The contractor will promptly investigate all complaints of the project will be instructed by the EEO Officer in the alleged discrimination made to the contractor in connection contractor's procedures for locating and hiring minorities and with its obligations under this contract,will attempt to resolve women. such complaints,and will take appropriate corrective action 2 within a reasonable time. If the investigation indicates that the sufficient referrals(even though it is obligated to provide discrimination may affect persons other than the complainant, exclusive referrals under the terms of a collective bargaining such corrective action shall include such other persons. Upon agreement)does not relieve the contractor from the completion of each investigation,the contractor will inform requirements of this paragraph. In the event the union referral every complainant of all of their avenues of appeal. practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246,as amended,and these 6.Training and Promotion: special provisions,such contractor shall immediately notify the contracting agency. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 8. Reasonable Accommodation for Applicants/ applicants for employment or current employees. Such efforts Employees with Disabilities: The contractor must be familiar should be aimed at developing full journey level status with the requirements for and comply with the Americans with employees in the type of trade or job classification involved. Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable b. Consistent with the contractor's work force requirements accommodation in all employment activities unless to do so and as permissible under Federal and State regulations,the would cause an undue hardship. contractor shall make full use of training programs(i.e., apprenticeship and on-the-job training programs for the 9.Selection of Subcontractors,Procurement of Materials geographical area of contract performance). In the event a and Leasing of Equipment:The contractor shall not special provision for training is provided under this contract, discriminate on the grounds of race,color, religion,sex,sexual this subparagraph will be superseded as indicated in the orientation,gender identity,national origin,age,or disability in special provision. The contracting agency may reserve the selection and retention of subcontractors, including training positions for persons who receive welfare assistance procurement of materials and leases of equipment. The in accordance with 23 U.S.C. 140(a). contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. c. The contractor will advise employees and applicants for employment of available training programs and entrance a. The contractor shall notify all potential subcontractors, requirements for each. suppliers,and lessors of their EEO obligations under this contract. d. The contractor will periodically review the training and promotion potential of employees who are minorities and b. The contractor will use good faith efforts to ensure women and will encourage eligible employees to apply for subcontractor compliance with their EEO obligations. such training and promotion. 7.Unions: If the contractor relies in whole or in part upon 10. Assurances Required: unions as a source of employees,the contractor will use good faith efforts to obtain the cooperation of such unions to a. The requirements of 49 CFR Part 26 and the State increase opportunities for minorities and women. 23 CFR DOT's FHWA-approved Disadvantaged Business Enterprise 230.409. Actions by the contractor,either directly or through a (DBE)program are incorporated by reference. contractor's association acting as agent,will include the procedures set forth below: b. The contractor,subrecipient or subcontractor shall not discriminate on the basis of race,color, national origin,or sex a. The contractor will use good faith efforts to develop,in in the performance of this contract.The contractor shall carry cooperation with the unions,joint training programs aimed out applicable requirements of 49 CFR part 26 in the award toward qualifying more minorities and women for membership and administration of DOT-assisted contracts. Failure by the in the unions and increasing the skills of minorities and women contractor to carry out these requirements is a material breach so that they may qualify for higher paying employment. of this contract,which may result in the termination of this contract or such other remedy as the recipient deems b. The contractor will use good faith efforts to incorporate an appropriate,which may include, but is not limited to: EEO clause into each union agreement to the end that such (1)Withholding monthly progress payments; union will be contractually bound to refer applicants without (2)Assessing sanctions; regard to their race,color, religion,sex,sexual orientation, (3)Liquidated damages;and/or gender identity, national origin,age,or disability. (4)Disqualifying the contractor from future bidding as non- responsible. c. The contractor is to obtain information as to the referral c. The Title VI and nondiscrimination provisions of U.S. practices and policies of the labor union except that to the DOT Order 1050.2A at Appendixes A and E are incorporated extent such information is within the exclusive possession of by reference. 49 CFR Part 21. the labor union and such labor union refuses to furnish such information to the contractor,the contractor shall so certify to 11.Records and Reports:The contractor shall keep such the contracting agency and shall set forth what efforts have records as necessary to document compliance with the EEO been made to obtain such information. requirements. Such records shall be retained for a period of three years following the date of the final payment to the d. In the event the union is unable to provide the contractor contractor for all contract work and shall be available at with a reasonable flow of referrals within the time limit set forth reasonable times and places for inspection by authorized in the collective bargaining agreement,the contractor will, representatives of the contracting agency and the FHWA. through independent recruitment efforts,fill the employment vacancies without regard to race,color, religion,sex,sexual a. The records kept by the contractor shall document the orientation,gender identity,national origin,age,or disability; following: making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide 3 (1)The number and work hours of minority and non- Projects funded under 23 U.S.C. 117,and National Highway minority group members and women employed in each work Freight Program projects funded under 23 U.S.C. 167. classification on the project; (2)The progress and efforts being made in cooperation The following provisions are from the U.S. Department of with unions,when applicable,to increase employment Labor regulations in 29 CFR 5.5"Contract provisions and opportunities for minorities and women;and related matters"with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. (3)The progress and efforts being made in locating,hiring, training,qualifying,and upgrading minorities and women. 1. Minimum wages(29 CFR 5.5) b. The contractors and subcontractors will submit an annual a. All laborers and mechanics employed or working upon report to the contracting agency each July for the duration of the project indicating the number of minority,women,and non- the site the work,will be paid unconditionally and not less minority group employees currently engaged in each work often thann once a week,and without subsequent deduction or classification required by the contract work. This information is rebate on any account(except such payroll deductions are to be reported on Form FHWA-1391. The staffing data should permitted by regulations issued by the Secretary of Labor represent the project work force on board in all or any part of under the Copeland Act(29 CFR part 3)),the full amount of wages and bona fide fringe benefits(or cash equivalents the last payroll period preceding the end of July. If on-the-job training is being required by special provision,the contractor thereof)due time of payment computed at rates not less will be required to collect and report training data. The than those contained tained the wage determination of the employment data should reflect the work force on board during Secretary Labor which is attached hereto and made a part all or any part of the last payroll period preceding the end of hereof, regardless of any contractual relationship which may July. be alleged to exist between the contractor and such laborers and mechanics. III.NONSEGREGATED FACILITIES Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon This provision is applicable to all Federal-aid construction Act on behalf of laborers or mechanics are considered wages contracts and to all related construction subcontracts of more paid to such laborers or mechanics,subject to the provisions than$10,000. 41 CFR 60-1.5. of paragraph 1.d.of this section;also,regular contributions made or costs incurred for more than a weekly period(but not As prescribed by 41 CFR 60-1.8,the contractor must ensure less often than quarterly)under plans,funds,or programs that facilities provided for employees are provided in such a which cover the particular weekly period,are deemed to be manner that segregation on the basis of race,color,religion, constructively made or incurred during such weekly period. sex,sexual orientation,gender identity,or national origin Such laborers and mechanics shall be paid the appropriate cannot result. The contractor may neither require such wage rate and fringe benefits on the wage determination for segregated use by written or oral policies nor tolerate such use the classification of work actually performed,without regard to by employee custom. The contractor's obligation extends skill,except as provided in 29 CFR 5.5(a)(4). Laborers or further to ensure that its employees are not assigned to mechanics performing work in more than one classification perform their services at any location under the contractor's may be compensated at the rate specified for each control where the facilities are segregated. The term"facilities" classification for the time actually worked therein: Provided, includes waiting rooms,work areas,restaurants and other That the employer's payroll records accurately set forth the eating areas,time clocks, restrooms,washrooms, locker time spent in each classification in which work is performed. rooms and other storage or dressing areas, parking lots, The wage determination(including any additional classification drinking fountains, recreation or entertainment areas, and wage rates conformed under paragraph 1.b.of this transportation,and housing provided for employees. The section)and the Davis-Bacon poster(WH-1321)shall be contractor shall provide separate or single-user restrooms and posted at all times by the contractor and its subcontractors at necessary dressing or sleeping areas to assure privacy the site of the work in a prominent and accessible place where between sexes. it can be easily seen by the workers. IV. DAVIS-BACON AND RELATED ACT PROVISIONS b.(1)The contracting officer shall require that any class of laborers or mechanics,including helpers,which is not listed in the wage determination and which is to be employed under the This section is applicable to all Federal-aid construction contract shall be classified in conformance with the wage projects exceeding$2,000 and to all related subcontracts and determination.The contracting officer shall approve an lower-tier subcontracts(regardless of subcontract size),in additional classification and wage rate and fringe benefits accordance with 29 CFR 5.5. The requirements apply to all therefore only when the following criteria have been met: projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads (i)The work to be performed by the classification or rural minor collectors,which are exempt. 23 U.S.C. 101. requested is not performed by a classification in the wage Where applicable law requires that projects be treated as a determination;and project on a Federal-aid highway,the provisions of this subpart will apply regardless of the location of the project. Examples (ii)The classification is utilized in the area by the include:Surface Transportation Block Grant Program projects construction industry;and funded under 23 U.S.C. 133[excluding recreational trails projects],the Nationally Significant Freight and Highway 4 (iii)The proposed wage rate, including any bona fide including apprentices,trainees,and helpers,employed by the fringe benefits, bears a reasonable relationship to the contractor or any subcontractor the full amount of wages wage rates contained in the wage determination. required by the contract. In the event of failure to pay any laborer or mechanic,including any apprentice,trainee,or (2)If the contractor and the laborers and mechanics to be helper,employed or working on the site of the work,all or part employed in the classification(if known),or their of the wages required by the contract,the contracting agency representatives,and the contracting officer agree on the may,after written notice to the contractor,take such action as classification and wage rate(including the amount may be necessary to cause the suspension of any further designated for fringe benefits where appropriate),a report of payment,advance,or guarantee of funds until such violations the action taken shall be sent by the contracting officer to the have ceased. Administrator of the Wage and Hour Division, U.S. Department of Labor,Washington, DC 20210.The 3. Payrolls and basic records(29 CFR 5.5) Administrator,or an authorized representative,will approve, modify,or disapprove every additional classification action a. Payrolls and basic records relating thereto shall be within 30 days of receipt and so advise the contracting maintained by the contractor during the course of the work and officer or will notify the contracting officer within the 30-day preserved for a period of three years thereafter for all laborers period that additional time is necessary. and mechanics working at the site of the work.Such records shall contain the name,address,and social security number of (3)In the event the contractor,the laborers or mechanics each such worker,his or her correct classification,hourly rates to be employed in the classification or their representatives, of wages paid(including rates of contributions or costs and the contracting officer do not agree on the proposed anticipated for bona fide fringe benefits or cash equivalents classification and wage rate(including the amount thereof of the types described in section 1(b)(2)(B)of the designated for fringe benefits,where appropriate),the Davis-Bacon Act),daily and weekly number of hours worked, contracting officer shall refer the questions,including the deductions made and actual wages paid.Whenever the views of all interested parties and the recommendation of the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that contracting officer,to the Administrator for determination. the wages of any laborer or mechanic include the amount of The Administrator,or an authorized representative,will issue any costs reasonably anticipated in providing benefits under a a determination within 30 days of receipt and so advise the plan or program described in section 1(b)(2)(B)of the Davis- contracting officer or will notify the contracting officer within Bacon Act,the contractor shall maintain records which show the 30-day period that additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the 1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals. Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program, Provided,That the Secretary of (e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired. Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site.The prime contractor is responsible for the obligations under the plan or program. submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social 2. Withholding(29 CFR 5.5) security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT,the FHWA or the Wage and The contracting agency shall upon its own action or upon Hour Division of the Department of Labor for purposes of an written request of an authorized representative of the investigation or audit of compliance with prevailing wage Department of Labor,withhold or cause to be withheld from requirements. It is not a violation of this section for a prime the contractor under this contract,or any other Federal contractor to require a subcontractor to provide addresses and contract with the same prime contractor,or any other federally- social security numbers to the prime contractor for its own assisted contract subject to Davis-Bacon prevailing wage records,without weekly submission to the contracting agency. requirements,which is held by the same prime contractor,so much of the accrued payments or advances as may be (2)Each payroll submitted shall be accompanied by a considered necessary to pay laborers and mechanics, "Statement of Compliance,"signed by the contractor or 5 subcontractor or his or her agent who pays or supervises the Apprenticeship Agency(where appropriate)to be eligible for payment of the persons employed under the contract and shall probationary employment as an apprentice. certify the following: The allowable ratio of apprentices to journeymen on the job (i)That the payroll for the payroll period contains the site in any craft classification shall not be greater than the ratio information required to be provided under 29 CFR permitted to the contractor as to the entire work force under 5.5(a)(3)(ii),the appropriate information is being the registered program.Any worker listed on a payroll at an maintained under 29 CFR 5.5(a)(3)(i),and that such apprentice wage rate,who is not registered or otherwise information is correct and complete; employed as stated above,shall be paid not less than the applicable wage rate on the wage determination for the (ii)That each laborer or mechanic(including each classification of work actually performed. In addition,any helper,apprentice,and trainee)employed on the contract apprentice performing work on the job site in excess of the during the payroll period has been paid the full weekly ratio permitted under the registered program shall be paid not wages earned,without rebate,either directly or indirectly, less than the applicable wage rate on the wage determination and that no deductions have been made either directly or for the work actually performed.Where a contractor is indirectly from the full wages earned,other than performing construction on a project in a locality other than permissible deductions as set forth in 29 CFR part 3; that in which its program is registered,the ratios and wage rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered (iii)That each laborer or mechanic has been paid not program shall be observed. less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, Every apprentice must be paid at not less than the rate as specified in the applicable wage determination specified in the registered program for the apprentice's level of incorporated into the contract. progress,expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. (3)The weekly submission of a properly executed Apprentices shall be paid fringe benefits in accordance with certification set forth on the reverse side of Optional Form the provisions of the apprenticeship program. If the WH-347 shall satisfy the requirement for submission of the apprenticeship program does not specify fringe benefits, "Statement of Compliance"required by paragraph 3.b.(2)of apprentices must be paid the full amount of fringe benefits this section. listed on the wage determination for the applicable classification. If the Administrator determines that a different (4)The falsification of any of the above certifications may practice prevails for the applicable apprentice classification, subject the contractor or subcontractor to civil or criminal fringes shall be paid in accordance with that determination. prosecution under 18 U.S.C. 1001 and 31 U.S.C.231. In the event the Office of Apprenticeship Training, Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an apprenticeship program,the contractor will no longer be inspection,copying,or transcription by authorized permitted to utilize apprentices at less than the applicable representatives of the contracting agency,the State DOT,the predetermined rate for the work performed until an acceptable FHWA,or the Department of Labor,and shall permit such program is approved. 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 FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds. Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor, Employment and Training 4. Apprentices and trainees(29 CFR 5.5) Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S. Department of in the approved program for the trainee's level of progress, Labor, Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training, Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program. If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program, but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training, Employer and Labor Services or a State there is an apprenticeship program associated with the 6 corresponding journeyman wage rate on the wage set forth in 29 CFR parts 5,6,and 7. Disputes within the determination which provides for less than full fringe benefits meaning of this clause include disputes between the contractor for apprentices.Any employee listed on the payroll at a trainee (or any of its subcontractors)and the contracting agency,the rate who is not registered and participating in a training plan U.S. Department of Labor,or the employees or their approved by the Employment and Training Administration shall representatives. be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 10.Certification of eligibility(29 CFR 5.5) 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 a. By entering into this contract,the contractor certifies that wage determination for the work actually performed. neither it(nor he or she)nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to In the event the Employment and Training Administration be awarded Government contracts by virtue of section 3(a)of withdraws approval of a training program,the contractor will no the Davis-Bacon Act or 29 CFR 5.12(a)(1). longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an b. No part of this contract shall be subcontracted to any person acceptable program is approved. or firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. Equal employment opportunity.The utilization of apprentices,trainees and journeymen under this part shall be c.The penalty for making false statements is prescribed in the in conformity with the equal employment opportunity U.S.Criminal Code, 18 U.S.C. 1001. requirements of Executive Order 11246,as amended,and 29 CFR part 30. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT d. Apprentices and Trainees(programs of the U.S. DOT). Pursuant to 29 CFR 5.5(b),the following clauses apply to any Apprentices and trainees working under apprenticeship and Federal-aid construction contract in an amount in excess of skill training programs which have been certified by the $100,000 and subject to the overtime provisions of the Secretary of Transportation as promoting EEO in connection Contract Work Hours and Safety Standards Act.These with Federal-aid highway construction programs are not clauses shall be inserted in addition to the clauses required by subject to the requirements of paragraph 4 of this Section IV. 29 CFR 5.5(a)or 29 CFR 4.6. As used in this paragraph,the 23 CFR 230.111(e)(2).The straight time hourly wage rates for terms laborers and mechanics include watchmen and guards. apprentices and trainees under such programs will be established by the particular programs.The ratio of 1.Overtime requirements. No contractor or subcontractor apprentices and trainees to journeymen shall not be greater contracting for any part of the contract work which may require than permitted by the terms of the particular program. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 5.Compliance with Copeland Act requirements. The workweek in which he or she is employed on such work to contractor shall comply with the requirements of 29 CFR part work in excess of forty hours in such workweek unless such 3,which are incorporated by reference in this contract as laborer or mechanic receives compensation at a rate not less provided in 29 CFR 5.5. than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 6.Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the 2.Violation;liability for unpaid wages;liquidated subcontractors to include Form FHWA-1273 in any lower tier damages. In the event of any violation of the clause set forth subcontracts.The prime contractor shall be responsible for the in paragraph 1 of this section,the contractor and any compliance by any subcontractor or lower tier subcontractor subcontractor responsible therefor shall be liable for the with all the contract clauses in 29 CFR 5.5. unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done 7.Contract termination:debarment. A breach of the under contract for the District of Columbia or a territory,to such contract clauses in 29 CFR 5.5 may be grounds for termination District or to such territory),for liquidated damages. Such of the contract,and for debarment as a contractor and a liquidated damages shall be computed with respect to each subcontractor as provided in 29 CFR 5.12. individual laborer or mechanic,including watchmen and guards,employed in violation of the clause set forth in 8.Compliance with Davis-Bacon and Related Act paragraph 1 of this section,in the sum currently provided in 29 requirements. All rulings and interpretations of the Davis- CFR 5.5(b)(2)*for each calendar day on which such individual Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 was required or permitted to work in excess of the standard are herein incorporated by reference in this contract as workweek of forty hours without payment of the overtime provided in 29 CFR 5.5. wages required by the clause set forth in paragraph 1 of this section. 29 CFR 5.5. 9.Disputes concerning labor standards.As provided in 29 *$27 as of January 23,2019(See 84 FR 213-01,218)as may CFR 5.5,disputes arising out of the labor standards provisions be adjusted annually by the Department of Labor; pursuant to of this contract shall not be subject to the general disputes the Federal Civil Penalties Inflation Adjustment Act of 1990). clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor 7 3.Withholding for unpaid wages and liquidated damages. equipment not ordinarily available in the type of contracting The FHWA or the contacting agency shall upon its own action organizations qualified and expected to bid or propose on the or upon written request of an authorized representative of the contract as a whole and in general are to be limited to minor Department of Labor withhold or cause to be withheld,from components of the overall contract. 23 CFR 635.102. any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any 2. Pursuant to 23 CFR 635.116(a),the contract amount upon other Federal contract with the same prime contractor,or any which the requirements set forth in paragraph(1)of Section VI other federally-assisted contract subject to the Contract Work is computed includes the cost of material and manufactured Hours and Safety Standards Act,which is held by the same products which are to be purchased or produced by the prime contractor,such sums as may be determined to be contractor under the contract provisions. necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as 3. Pursuant to 23 CFR 635.116(c),the contractor shall furnish provided in the clause set forth in paragraph 2 of this section. (a)a competent superintendent or supervisor who is employed 29 CFR 5.5. by the firm, has full authority to direct performance of the work in accordance with the contract requirements,and is in charge 4.Subcontracts. The contractor or subcontractor shall insert of all construction operations(regardless of who performs the in any subcontracts the clauses set forth in paragraphs 1 work)and(b)such other of its own organizational resources through 4 of this section and also a clause requiring the (supervision,management,and engineering services)as the subcontractors to include these clauses in any lower tier contracting officer determines is necessary to assure the subcontracts.The prime contractor shall be responsible for performance of the contract. compliance by any subcontractor or lower tier subcontractor 4. No portion of the contract shall be sublet,assigned or with the clauses set forth in paragraphs 1 through 4 of this otherwise disposed of except with the written consent of the section. 29 CFR 5.5. 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 VI.SUBLETTING OR ASSIGNING THE CONTRACT contract. Written consent will be given only after the contracting agency has assured that each subcontract is This provision is applicable to all Federal-aid construction evidenced in writing and that it contains all pertinent provisions contracts on the National Highway System pursuant to 23 CFR and requirements of the prime contract. (based on long- 635.116. standing interpretation of 23 CFR 635.116). 1.The contractor shall perform with its own organization 5.The 30-percent self-performance requirement of paragraph contract work amounting to not less than 30 percent(or a (1)is not applicable to design-build contracts; however, greater percentage if specified elsewhere in the contract)of contracting agencies may establish their own self-performance the total original contract price,excluding any specialty items requirements. 23 CFR 635.116(d). designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total VII.SAFETY:ACCIDENT PREVENTION original contract price before computing the amount of work required to be performed by the contractor's own organization This provision is applicable to all Federal-aid construction (23 CFR 635.116). contracts and to all related subcontracts. a. The term"perform work with its own organization"in 1. In the performance of this contract the contractor shall paragraph 1 of Section VI refers to workers employed or comply with all applicable Federal, State,and local laws leased by the prime contractor,and equipment owned or governing safety, health,and sanitation(23 CFR Part 635). rented by the prime contractor,with or without operators. The contractor shall provide all safeguards,safety devices and Such term does not include employees or equipment of a protective equipment and take any other needed actions as it subcontractor or lower tier subcontractor,agents of the prime determines,or as the contracting officer may determine,to be contractor,or any other assignees. The term may include reasonably necessary to protect the life and health of payments for the costs of hiring leased employees from an employees on the job and the safety of the public and to employee leasing firm meeting all relevant Federal and State protect property in connection with the performance of the regulatory requirements. Leased employees may only be work covered by the contract. 23 CFR 635.108. included in this term if the prime contractor meets all of the following conditions:(based on longstanding interpretation) 2. It is a condition of this contract,and shall be made a condition of each subcontract,which the contractor enters into (1)the prime contractor maintains control over the pursuant to this contract,that the contractor and any supervision of the day-to-day activities of the leased subcontractor shall not permit any employee,in performance employees; of the contract,to work in surroundings or under conditions (2)the prime contractor remains responsible for the quality which are unsanitary,hazardous or dangerous to his/her of the work of the leased employees; health or safety,as determined under construction safety and (3)the prime contractor retains all power to accept or health standards(29 CFR Part 1926)promulgated by the exclude individual employees from work on the project;and Secretary of Labor,in accordance with Section 107 of the (4)the prime contractor remains ultimately responsible for Contract Work Hours and Safety Standards Act(40 U.S.C. the payment of predetermined minimum wages,the 3704). 29 CFR 1926.10. submission of payrolls,statements of compliance and all other Federal regulatory requirements. 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract that the Secretary of Labor or authorized representative b. "Specialty Items"shall be construed to be limited to work thereof,shall have right of entry to any site of contract that requires highly specialized knowledge,abilities,or performance to inspect or investigate the matter of compliance 8 with the construction safety and health standards and to carry or regulations issued pursuant to the Clean Air Act(42 U.S.C. out the duties of the Secretary under Section 107 of the 7401-7671q)and the Federal Water Pollution Control Act,as Contract Work Hours and Safety Standards Act(40 U.S.C. amended(33 U.S.C. 1251-1387).Violations must be reported 3704). to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS The contractor agrees to include or cause to be included the requirements of this Section in every subcontract,and further This provision is applicable to all Federal-aid construction agrees to take such action as the contracting agency may contracts and to all related subcontracts. direct as a means of enforcing such requirements. 2 CFR 200.326. 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- X.CERTIFICATION REGARDING DEBARMENT, aid highway projects, it is essential that all persons concerned SUSPENSION,INELIGIBILITY AND VOLUNTARY with the project perform their functions as carefully,thoroughly, EXCLUSION and honestly as possible. Willful falsification,distortion,or misrepresentation with respect to any facts related to the This provision is applicable to all Federal-aid construction project is a violation of Federal law. To prevent any contracts,design-build contracts,subcontracts, lower-tier misunderstanding regarding the seriousness of these and subcontracts,purchase orders, lease agreements,consultant similar acts, Form FHWA-1022 shall be posted on each contracts or any other covered transaction requiring FHWA Federal-aid highway project(23 CFR Part 635)in one or more approval or that is estimated to cost$25,000 or more— as places where it is readily available to all persons concerned defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and with the project: 1200.220. 18 U.S.C. 1020 reads as follows: 1.Instructions for Certification—First Tier Participants: "Whoever, being an officer,agent,or employee of the United a. By signing and submitting this proposal,the prospective States,or of any State or Territory,or whoever,whether a first tier participant is providing the certification set out below. person,association,firm,or corporation,knowingly makes any false statement,false representation,or false report as to the b.The inability of a person to provide the certification set out character,quality,quantity,or cost of the material used or to below will not necessarily result in denial of participation in this be used,or the quantity or quality of the work performed or to covered transaction.The prospective first tier participant shall be performed,or the cost thereof in connection with the submit an explanation of why it cannot provide the certification submission of plans,maps,specifications,contracts,or costs set out below.The certification or explanation will be of construction on any highway or related project submitted for considered in connection with the department or agency's approval to the Secretary of Transportation;or determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a Whoever knowingly makes any false statement,false certification or an explanation shall disqualify such a person representation,false report or false claim with respect to the from participation in this transaction. 2 CFR 180.320. character,quality,quantity,or cost of any work performed or to be performed,or materials furnished or to be furnished,in c.The certification in this clause is a material representation connection with the construction of any highway or related of fact upon which reliance was placed when the contracting project approved by the Secretary of Transportation;or agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered Whoever knowingly makes any false statement or false an erroneous certification, in addition to other remedies representation as to material fact in any statement,certificate, available to the Federal Government,the contracting agency or report submitted pursuant to provisions of the Federal-aid may terminate this transaction for cause of default. 2 CFR Roads Act approved July 11, 1916, (39 Stat. 355),as 180.325. amended and supplemented; d.The prospective first tier participant shall provide Shall be fined under this title or imprisoned not more than 5 immediate written notice to the contracting agency to whom years or both." this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL circumstances. 2 CFR 180.345 and 180.350. WATER POLLUTION CONTROL ACT(42 U.S.C. 7606;2 CFR 200.88; EO 11738) e.The terms"covered transaction,""debarred," "suspended,""ineligible,""participant,""person,""principal," This provision is applicable to all Federal-aid construction and"voluntarily excluded,"as used in this clause,are defined contracts in excess of$150,000 and to all related in 2 CFR Parts 180, Subpart I, 180.900-180.1020,and 1200. subcontracts. 48 CFR 2.101;2 CFR 200.326. "First Tier Covered Transactions"refers to any covered transaction between a recipient or subrecipient of Federal By submission of this bid/proposal or the execution of this funds and a participant(such as the prime or general contract). contract or subcontract,as appropriate,the bidder, proposer, "Lower Tier Covered Transactions"refers to any covered Federal-aid construction contractor,subcontractor,supplier,or transaction under a First Tier Covered Transaction(such as vendor agrees to comply with all applicable standards,orders subcontracts). "First Tier Participant"refers to the participant 9 who has entered into a covered transaction with a recipient or (2) Have not within a three-year period preceding this subrecipient of Federal funds(such as the prime or general proposal been convicted of or had a civil judgment rendered contractor). "Lower Tier Participant'refers any participant who against them for commission of fraud or a criminal offense in has entered into a covered transaction with a First Tier connection with obtaining,attempting to obtain,or performing Participant or other Lower Tier Participants(such as a public(Federal, State,or local)transaction or contract under subcontractors and suppliers). a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective first tier participant agrees by submitting bribery,falsification or destruction of records, making false this proposal that,should the proposed covered transaction be statements,or receiving stolen property,2 CFR 180.800; entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, (3) Are not presently indicted for or otherwise criminally or suspended,declared ineligible,or voluntarily excluded from civilly charged by a governmental entity(Federal,State or participation in this covered transaction,unless authorized by local)with commission of any of the offenses enumerated in the department or agency entering into this transaction. 2 paragraph(a)(2)of this certification,2 CFR 180.700 and CFR 180.330. 180.800;and g.The prospective first tier participant further agrees by (4) Have not within a three-year period preceding this submitting this proposal that it will include the clause titled application/proposal had one or more public transactions "Certification Regarding Debarment,Suspension, Ineligibility (Federal,State or local)terminated for cause or default. 2 and Voluntary Exclusion-Lower Tier Covered Transactions," CFR 180.335(d). provided by the department or contracting agency,entering into this covered transaction,without modification, in all lower (5)Are not a corporation that has been convicted of a felony tier covered transactions and in all solicitations for lower tier violation under any Federal law within the two-year period covered transactions exceeding the$25,000 threshold. 2 CFR preceding this proposal(USDOT Order 4200.6 implementing 180.220 and 180.300. appropriations act requirements);and h.A participant in a covered transaction may rely upon a (6)Are not a corporation with any unpaid Federal tax liability certification of a prospective participant in a lower tier covered that has been assessed,for which all judicial and transaction that is not debarred,suspended,ineligible,or administrative remedies have been exhausted,or have lapsed, voluntarily excluded from the covered transaction, unless it and that is not being paid in a timely manner pursuant to an knows that the certification is erroneous. 2 CFR 180.300; agreement with the authority responsible for collecting the tax 180.320,and 180.325. A participant is responsible for liability(USDOT Order 4200.6 implementing appropriations act ensuring that its principals are not suspended,debarred,or requirements). otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals,as well b. Where the prospective participant is unable to certify to as the eligibility of any lower tier prospective participants,each any of the statements in this certification,such prospective participant may,but is not required to,check the System for participant should attach an explanation to this proposal. 2 Award Management website(https://www.sam.gov/). 2 CFR CFR 180.335 and 180.340. 180.300, 180.320,and 180.325. i. Nothing contained in the foregoing shall be construed to 3.Instructions for Certification-Lower Tier Participants: require the establishment of a system of records in order to render in good faith the certification required by this clause. (Applicable to all subcontracts,purchase orders,and other The knowledge and information of the prospective participant lower tier transactions requiring prior FHWA approval or is not required to exceed that which is normally possessed by estimated to cost$25,000 or more-2 CFR Parts 180 and a prudent person in the ordinary course of business dealings. 1200). 2 CFR 180.220 and 1200.220. j. Except for transactions authorized under paragraph(f)of a. By signing and submitting this proposal,the prospective these instructions, if a participant in a covered transaction lower tier participant is providing the certification set out below. knowingly enters into a lower tier covered transaction with a person who is suspended,debarred, ineligible,or voluntarily b.The certification in this clause is a material representation excluded from participation in this transaction,in addition to of fact upon which reliance was placed when this transaction other remedies available to the Federal Government,the was entered into. If it is later determined that the prospective department or agency may terminate this transaction for cause lower tier participant knowingly rendered an erroneous or default. 2 CFR 180.325. 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. 2. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion—First Tier c.The prospective lower tier participant shall provide Participants: immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant a. The prospective first tier participant certifies to the best of learns that its certification was erroneous by reason of its knowledge and belief,that it and its principals: changed circumstances. 2 CFR 180.365. (1) Are not presently debarred,suspended, proposed for d.The terms"covered transaction,""debarred," debarment,declared ineligible,or voluntarily excluded from "suspended,""ineligible,""participant,""person,""principal," participating in covered transactions by any Federal and"voluntarily excluded,"as used in this clause,are defined department or agency,2 CFR 180.335;. in 2 CFR Parts 180, Subpart I, 180.900—180.1020,and 1200. You may contact the person to which this proposal is 10 submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions"refers to any (a)is presently debarred,suspended, proposed for debarment, covered transaction between a recipient or subrecipient of declared ineligible,or voluntarily excluded from participating in Federal funds and a participant(such as the prime or general covered transactions by any Federal department or agency,2 contract). "Lower Tier Covered Transactions"refers to any CFR 180.355; covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant'refers to the (b)is a corporation that has been convicted of a felony participant who has entered into a covered transaction with a violation under any Federal law within the two-year period recipient or subrecipient of Federal funds(such as the prime or preceding this proposal(USDOT Order 4200.6 implementing general contractor). "Lower Tier Participant'refers any appropriations act requirements);and participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as (c)is a corporation with any unpaid Federal tax liability that subcontractors and suppliers). has been assessed,for which all judicial and administrative remedies have been exhausted,or have lapsed,and that is e.The prospective lower tier participant agrees by not being paid in a timely manner pursuant to an agreement submitting this proposal that,should the proposed covered with the authority responsible for collecting the tax liability. transaction be entered into, it shall not knowingly enter into (USDOT Order 4200.6 implementing appropriations act any lower tier covered transaction with a person who is requirements) debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction, unless 2.Where the prospective lower tier participant is unable to authorized by the department or agency with which this certify to any of the statements in this certification,such transaction originated. 2 CFR 1200.220 and 1200.332. prospective participant should attach an explanation to this proposal. 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," XI.CERTIFICATION REGARDING USE OF CONTRACT without modification,in all lower tier covered transactions and FUNDS FOR LOBBYING in all solicitations for lower tier covered transactions exceeding the$25,000 threshold. 2 CFR 180.220 and 1200.220. This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed g.A participant in a covered transaction may rely upon a $100,000. 49 CFR Part 20,App.A. certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended,ineligible,or 1.The prospective participant certifies, by signing and voluntarily excluded from the covered transaction, unless it submitting this bid or proposal,to the best of his or her knows that the certification is erroneous.A participant is knowledge and belief,that: responsible for ensuring that its principals are not suspended, debarred,or otherwise ineligible to participate in covered a. No Federal appropriated funds have been paid or will be transactions. To verify the eligibility of its principals,as well as paid,by or on behalf of the undersigned,to any person for the eligibility of any lower tier prospective participants,each influencing or attempting to influence an officer or employee of participant may,but is not required to,check the System for any Federal agency,a Member of Congress,an officer or Award Management website(https://www.sam.gov/),which is employee of Congress,or an employee of a Member of compiled by the General Services Administration. 2 CFR Congress in connection with the awarding of any Federal 180.300, 180.320, 180.330,and 180.335. contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, h. Nothing contained in the foregoing shall be construed to and the extension,continuation,renewal,amendment,or require establishment of a system of records in order to render modification of any Federal contract,grant, loan,or in good faith the certification required by this clause.The cooperative agreement. knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person b. If any funds other than Federal appropriated funds have in the ordinary course of business dealings. been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal i. Except for transactions authorized under paragraph a of agency,a Member of Congress,an officer or employee of these instructions, if a participant in a covered transaction Congress,or an employee of a Member of Congress in knowingly enters into a lower tier covered transaction with a connection with this Federal contract,grant,loan,or person who is suspended,debarred, ineligible,or voluntarily cooperative agreement,the undersigned shall complete and excluded from participation in this transaction,in addition to submit Standard Form-LLL, "Disclosure Form to Report other remedies available to the Federal Government,the Lobbying,"in accordance with its instructions. department or agency with which this transaction originated may pursue available remedies, including suspension and/or 2.This certification is a material representation of fact upon debarment. 2 CFR 180.325. 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 Regarding Debarment,Suspension, certification shall be subject to a civil penalty of not less than Ineligibility and Voluntary Exclusion--Lower Tier $10,000 and not more than$100,000 for each such failure. Participants: 3.The prospective participant also agrees by submitting its 1.The prospective lower tier participant certifies,by bid or proposal that the participant shall require that the submission of this proposal,that neither it nor its principals: language of this certification be included in all lower tier 11 subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts,design-build contracts,subcontracts, lower-tier subcontracts,purchase orders, lease agreements,or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. When oceanic shipments(or shipments across the Great Lakes)are necessary for materials or equipment acquired for a specific Federal-aid construction project,the bidder,proposer, contractor,subcontractor,or vendor agrees: 1.To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers,dry cargo liners, and tankers)involved,whenever shipping any equipment, material,or commodities pursuant to this contract,to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7. 2.To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States,a legible copy of a rated, `on-board'commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph(b)(1)of this section to both the Contracting Officer(through the prime contractor in the case of subcontractor bills-of-lading)and to the Office of Cargo and Commercial Sealift(MAR-620), Maritime Administration,Washington, DC 20590.(MARAD requires copies of the ocean carrier's(master)bills of lading,certified onboard,dated,with rates and charges.These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. 12 ATTACHMENT A-EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS(23 CFR 633,Subpart B,Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph(1c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers, mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification, (c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion,are not qualified to perform the classification of work required. 4. If,within one week following the placing of a job order 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(1 c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6.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. 13 ATTACHMENT C Davis Bacon Wage Rates 3/22/22,2:57 PM SAM.gov "General Decision Number: FL2O22O147 02/25/2022 Superseded General Decision Number: FL2O21O147 State: Florida Construction Type: Highway County: Monroe County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60) . 1If the contract is entered 1 . Executive Order 14026 linto on or after January 30, generally applies to the 12022, or the contract is contract. renewed or extended (e.g., an The contractor must pay loption is exercised) on or all covered workers at after January 30, 2022: least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2022. 1If the contract was awarded onl . Executive Order 13658 for between January 1, 2015 andl generally applies to the January 29, 2022, and the contract. contract is not renewed or The contractor must pay alll lextended on or after January covered workers at least 130, 2022: 1 $11.25 per hour (or the applicable wage rate listed) on this wage determination, if it is higher) for all hours spent performing on that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 02/25/2022 https://sam.gov/wage-determination/FL20220147/1 1/5 3/22/22,2:57 PM SAM.gov ELEC0349-002 09/01/2021 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 37.61 11.72 ---------------------------------------------------------------- * SUFL2013-008 08/19/2013 Rates Fringes CARPENTER, Includes Form Work. . . .$ 11.95 ** 1.44 CEMENT MASON/CONCRETE FINISHER. . .$ 13.65 ** 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine). . . . .$ 12.70 ** 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Spray Nozzleman) . . . . . . .$ 13.08 ** 0.00 INSTALLER - GUARDRAIL. . . . . . . . . . . .$ 14.44 ** 0.00 IRONWORKER, REINFORCING. . . . . . . . . .$ 13.85 ** 0.00 LABORER (Traffic Control Specialist) . . . . . . . . . . . . . . . . . . . . . .$ 12.17 ** 1.71 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor. . . . . . . . . . . . . . . . . . . . . .$ 13.60 ** 0.00 LABORER: Common or General. . . . . .$ 11.96 ** 2.90 LABORER: Flagger. . . . . . . . . . . . . . . .$ 9.87 ** 0.00 LABORER: Grade Checker. . . . . . . . . .$ 11.45 ** 0.00 LABORER: Landscape & Irrigation. . . . . . . . . . . . . . . . . . . . . . .$ 11.16 ** 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 12.68 ** 0.00 OPERATOR: Backhoe/Excavator/Trackhoe. . . . . . .$ 17.20 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader. . . . . . . . . . . . . . . .$ 11.60 ** 0.00 OPERATOR: Broom/Sweeper. . . . . . . . .$ 10.89 ** 0.00 OPERATOR: Bulldozer. . . . . . . . . . . . .$ 13.90 ** 0.00 OPERATOR: Crane. . . . . . . . . . . . . . . . .$ 17.83 0.00 OPERATOR: Forklift. . . . . . . . . . . . . .$ 11.03 ** 0.00 OPERATOR: Grader/Blade. . . . . . . . . .$ 16.08 0.00 OPERATOR: Loader. . . . . . . . . . . . . . . .$ 16.59 0.00 OPERATOR: Mechanic. . . . . . . . . . . . . .$ 13.55 ** 0.00 OPERATOR: Milling Machine. . . . . . .$ 13.23 ** 0.00 OPERATOR: Oiler. . . . . . . . . . . . . . . . .$ 12.61 ** 0.00 https://sam.gov/wage-determination/FL20220147/1 2/5 3/22/22,2:57 PM SAM.gov OPERATOR: Paver (Asphalt, Aggregate, and Concrete). . . . . . . . .$ 18.17 0.00 OPERATOR: Roller. . . . . . . . . . . . . . . .$ 13.28 ** 2.39 OPERATOR: Screed. . . . . . . . . . . . . . . .$ 15.79 0.00 OPERATOR: Trencher. . . . . . . . . . . . . .$ 16.00 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation. . . . . .$ 19.03 0.00 TRUCK DRIVER: Dump Truck. . . . . . . .$ 12.66 ** 0.00 TRUCK DRIVER: Lowboy Truck. . . . . .$ 14.94 ** 0.00 TRUCK DRIVER: Water Truck. . . . . . .$ 13.05 ** 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25) . Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate https://sam.gov/wage-determination/FL20220147/1 3/5 3/22/22,2:57 PM SAM.gov (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS https://sam.gov/wage-determination/FL20220147/1 4/5 3/22/22,2:57 PM SAM.gov 1.) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISIO" https://sam.gov/wage-determination/FL20220147/1 5/5 ATTACHMENT D Lobbying and bid forms Florida %10scas heal-6jt "1 rpit Con G!ectiOn 37"30-33 PROCUREMENT 10/01 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES 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 of 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. Nam )f Consultant: y f3 ate ........ ... ...ell _Authorized Signature Title; ..... .............------------ -- .... O.S.A.�.......... ......... ._�.... -.. ------ ..................... 7/27/21 BID PROP .. 00110- 13 Florkhl lc!nws Overseas I Ivirity ge,I"jil'a ill("onsleclioll al ClIdjoe Cartlells STATE OF FLORIDA DEPARTMENT OF TRANSPORTATPON 375-030-34 ME DISCLOSURE OF LOBBYING ACTIVITIES PROCURENT 02 16 Is this form applicable to your firm? YES El NO LZ If no,then please complete section 4 below for"Prime" .................. ......... 1.Type of Federal"Acii`o'n: F_2Siaiusof Federal Action: 3.Report Type: a, contract a. bid/offer/application a,initial filing b-grant b initial award to material change c-cooperative agreement c, post-award For Material Change Only: d, loan Year: Quarter: e,loan guarantee Date of last report: f. loan insurance (mm/dd/yyyy) ........... 4, Narne and Address of Reporting Entity: 5. If Reporting Entity in No 4 is a Subawardee,—Ifn—ter Name and Prime D Subawardee Address of Prime: Tier—,if known: ................................................ Charley Tgamn)& SUITS_111c _ .............................................. P0 Box 787 Key Wpqt F1 _11041_ N/A Congressional District,if known 4c Congressional District,if known: ........ G.Federal Department/Agency: 7.Federal Program Name/Description: ..........._­...............- ................................................................. CFDA Number,if applicable: 8.Federal Action Number,if known 9.Award Amount,if known: ................... $ . ........ .......... a. Name and Address of Lobbying Registrant b.Individuals Performing Services(including address i f (if individual,last name, first name, MI): different from No 10a) (last name, first name, Ml): N/A ......................... .......... .............. ........................ ........ 111� information requested through this form is authorized by title 31 U S C section 1352,This disclosure of lobbying activities is a Signature: . ..... ... ................. material representation of fact upon which reliance was placed ......... by the tier above when this transaction was made or entered Print Nari,ie: into This disclosure is required pursuant to 31 UC 1352 This information will be available for public inspection Any person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than$10,000 and not more than ........................................ .................. $100,000 for each such failure Telephone Date(Tlirinlddlyyyy)� ...... ... ...........-- Federal Use Only: Authorized for Local Reproduction Standard Form LILL(Rev 7-97) .................................... ............................... ... ... --------------------------------------------------------—--------............ ............. _­............................... 7/27/21 BID PROPOSAL 001.. 10- 15 o5-030a 04114 mm,m, INSTRUCTIONS FOR COMPLETION OFSF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity.whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing, pursuant to title 31 U.S c, section 1o52 The filing ma form im required for each payment or agreement mmake payment m any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action.Complete all items that apply for both the initial filing and material change report, Refer v,the implementing guidance published by the Office of Management and Budget for additional information, � 1, Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome ofa covered Federal action � o. Identify the status vf the covered Federal action, s� |uend��mmppmphox*c|emsi�nadonvf this mpo/t- |,this isanoUmwupmpon caused byum�e,ia|change mme � information previously reported,enter the year and quarter in which the change occurred, Enter the date of the last � previously submitted report by this reporting entity for this covered Federal action. � 4 cner the 0uUname address oi� �mteandzipood�o,�hemporUnOonU� |no|ud�oon�enoione|Dimr|m f � . . . . xnnwn chwrkmrmppmpnateolassifivannnmmermpomnoenWymuudesignatesJitis.u,expeomwue.ephm* urmuua°mrd recipient, Identify the tier o[the subawa"dae' g e menr�ouUawevueev[the pUmein�w1�Umr � Subawmvdmin^|ud*butnrenov|imMedmsubvontnaoto.oubg~'ts and contract awards under grants, | � 5. |/the organization filing the report|n item 4 checks^8ubawerdae'^then enter the full name,address,city,State and zip ondv of the prime Federal recipient- Include onngmns|nne|District,if known 0 Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name,if knownr For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants.cooperative agreements, loans,and loan commitments. � 8 Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e,g,, Request for Proposal(RFP)number; Invitation for Bid(IFB)number;grant announcement number;the contract, � grant,o,loan award number;the application/proposal control number assigned by the Federal agency). Include � prefixes. e.g.^RFP'DE'80'U01,^ � 9- For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter � the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. � � 10� (a)Enter the full name,address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in itern 4 to influence the covered Federal � action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a), Enter Last Name, First Name,and Middle|mna|(M|) � 11. The certifying official shall sign and date the form, print his/her name,title, and telephone number, valid OMB Control Number,The valid OMB control number for this information collection is OMB No 0348-0046 Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for i eviewing instructions,searching existing data sources. gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,DC 20503 Acrording to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a � 7/27/21 BID PROPOSAL 00110- 16 � � � � Flo ida K ! Qvrue�iscits IleriIit.e rryil Conoeetio aat CIIAroe(��rtivrls NON-COLLUSION AFFIDAVIT I, Richard Toppino of the city of Key West according to law on my oath,and -- under penalty of perjury, depose and say that; 1. I am President of the firm of y 1 1 _ the bidder making the Clt<tl la, 1"c1�alltta& Sons Tnc Proposal for the project described in the Request for Competitive Solicitations for: FLORIDA KEYS OVERSEAS HERITAGE TRAIL CONNECTION AT CUD,IOE GARDENS Monroe County, Florida and that I executed the said proposal with full authority to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition,as to any matter relating to such process with any other bidder or with any competitor; 3.) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening,directly or indirectly,to any other bidder or to any competitor; and 4.) no attempt has been made or will be made by the bidder to induce any other person,partnership or corporation to submit,or not to submit, a bid for the purpose of restricting competition; 5.) the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. ... _ ................................------- -- � (SignatureofBidder) (l e STATE OF: FL COUNTY OF: MONROE Subscribed and sworn to (or affirmed)before me, by means of l'physical presence or ❑ online the undersigned authority, �; _ (name of individual signing) who, after first berg sworn by me, affixed his/her sigriattne In the space provided above on this day of � Notary Public State of Florida " 6 Michael P l_abrada My Commission HH 138227 raw Expires 06/19/2025 NO"4 RY.. 1 1 Ul31, 1C .1't°°� My commission expires: � ........ ............ _..........._......__.....................................--......................... ----- .........._................ 7/27/21 BID PROPOSAL — ...._.. 001 l 0- 5 LOBBYING AND CONFLICT OFINTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO' 080-D990 MONROE COUNTY, FLORIDA . Charley Toppino & Sonu, Inc " (Company) � "... vvununte that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subj ect to the prohibition of Section 2 of Ordinance No. 0 10-1990 or any County officer or employee io violation of Section 3 of Ordinance No. OlU'l94O. For breach or violation of this provision the County may, in its discretion,terminate this contract without liability and may also,in its discretion,deduct from the contract or purchase price,or otherwise recover,the full amount ofany fee,commission,percentage,gift,orconsideration paid to the bnnnor County officer c cc^` (Signature) (l�o1c) ` ' (Date) STATE OF COUNTY OF ' Subycrihcduoduvvoruto (orufOoncd) bo5»renno, byomcuumofb0pbyaiculpnuuoucouc [] / | online, the undersigned authority, ` who, after first being sworn by me, affixed his/her / Signature in the space provided | � (Name ot'individual signing) Above outhis day of, , 20�Zpubfic state of Floridn ~ My commission expimcm� � ")"; E xp'Z6 0611 on,w 5 7/27/21 BID PROPOSAL 00110'6 Floridas� :�t'���nw�u�+;tVeaFaga1LIC"t`arart C"arruraea.iiaYp at 4°rr<t'q(a.rr^w;toLs DRUG-FREE WORKPLACE FORM The undersigned CONTRACTOR in accordance with Fl. Statute 287.087 hereby certifies that: Charley Toppmo& Sons, Inc — ... ...... .. . .......�...................... ...................................--..... __ (Name of Business) I Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2, Inform such employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3, Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection(1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employees will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As a person authorized to sign the statement, I certify that this firm coi plies fully with the above requirements. e �_.................. .. ..... Biddei s Signature �✓ Date 7/27/21........ . BID PROPOSAL ----. _. _____,� m e,.,..w_____„ ,, .� � 00110_.... .......... ... ..... .... 7 Florida C.titjroe c arllcn PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Charley Toppino& Sons, Inc (proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. _._. ... _...... . ................ (Signature) (Date STATE OF: I COUNTY OF:�_k �\ Subscribed and sworn to (or affirmed) before me, by means of 9577hysical presence or O online on the ..... a1ty o& . 20 by ....(name of affiant). He/She is�otaatlly known to the or has produced* (t e of identification as .......................�........... YP ) identification. Notary Public State of Florida P Michael P Labrada My("'on I'1ISSI res My Commission HH 138227 Expires 06/19/2025 NOTARY PUBLIC 7/_.... ... . ---..... ......... ....................... . -------- --------- —--.. _ _ .. ._ _—____ _.......................... 27/21 BID PROPOSAL 00110- 8 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Florida Keys Overseas Heritage Trail Connection at Cudjoe Gardens Respondent Vendor Name: Charley Toppino & Sons, Inc Vendor FEIN: 59-2426906 Vendor's Authorized Representative Name and Title: Richard Toppino, President Address: PO Box 787 City: Key West State: FL.-.-.... ........................................... ...................-.............................. ----._.-.............. Zip: .__.......-3._3..041....._._.... Phone Number: 305-296-5606 Email Address: AToppino@charleytoppino.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: Richard Toppino , who is — ---- ----- ------- authorized to sign on behal "of the above referenced company. Authorized Signature:_ _____-V- ----------------------------------------- ---------------------- Print Name: Richard Toppino Title: President Note: The List are available at the following Department of Management Services Site: h tt)://vvww.(]nis.FT)Vflo ida.conl/bustneSS Operations/state PUrChaSinUvendor information/convicted suspgnded_discriminatory complaints vendor lists 7/27/2.1....... BID ... ... _ — — -------- PROPOSAL 00110-9 11 STATI.OrnLORmmE:PARIMENr(N/RANmm An)N ?75 030 n �B� �|� ����A�� |�F���K8�T��N s�wo�mnw�om� . "^.° R.,Ue/wu DBE Utilization The Department began its DBE race neutral program January 1. 2000. Contract specific goals are not placed on rouo,aKSmteoonoams; however, the Department has onoverall 10O5m DBE goal it must � achieve, In order to assist contractors in determining their OBE commitment |ovo|. the Department has reviewed the estimates for this letting. � As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the |o* bidder executes the contract with the Department, information will be requested of the contractor's DBE participation for the project, While the utilization |n not mandatory in order Vobw awarded the project, � continuing utilization of DBE firms on contracts supports the success o/ Florida's DBE Pmgmm, and supports contractors'Equal Employment Opportunity and DBE Affirmative Action Programs. Any project listed as 0Y6 DBE availability does not mean that DBE may not bw used nn that project- A 0Y6 DBE availability may have been established due to any of the following reasons: limited identified subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are encouraged Vo identify any opportunities to subcontract mDBE'm � � Please contact the Equal Opportunity Office at(850)414-4747 if you have any questions regarding this information. DBE Reporting | If you are the prime contractor on e pnVwct, enter your DBE participation in the Equal Opportunity | Compliance system prior m the pre-construction or pre-work conference for all federal and state funded � projects, This will not become a mandatory part oy the contract, |t will assist the Department intracking and reporting planned or estimated DBE utilization. During the contract, the prime contractor is mqu|n,u to report actual payments to OBE and IVIBE subcontractors through the web-based Equal Opportunity Compliance(EOC)system. All DBE payments must be reported whether or not you initially planned to utilize the company. In order for our moo neutral DBE Program to be suooenofu|, your cooperation is imperative. If you have any quesdunu. p|waseoontautEooHe|p@dot.stavo.fl.us. Bid Ono rtunjty The Federal DBE Program requires Gte0ns to maintain a database o/ all Onno that are participating or � attempting m participate on FDUT'ayyiotedoonuamo, The list must include all firms that bid on prime � contracts or bid or quote subcontracts on FDOT'uyyiyvwd pvojwmo, including both DBE's and non-DBEs. � Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 5 business days of submission of the bid or proposal for ALL subcontractors or sub-consultants who quoted � to you for specific project for this letting. The web address 10 the Equal Opportunity Compliance system is: � � 7/27/21 BID PROPOSAL 00110' 10 � � � ��ain:ROmAmEVARTmENT OF MANSPOIuTAUm DBE By�� PACKAGE |NF��f�N8A7|��N ����muw/�o�� my,» P,NazZ DBE/AA Plans Contractors bidding on FDOT contracts are to have on approved DBE Affirmative Action Plan (FD0 Form 275-0301113) on file with the FDOT Equal Opportunity Office before execution of m contract. DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office 2L!a to the award oy the contract. Plans are approved by the Equal Opportunity 0ffioo in accordance with Ch, 14'78. Florida Administrative � Coda. Plans that do not meet these mandatory requirements may not bmapproved. Approvals are for o (8)thme year period and should be updated ot anytime there is change in the company's DBE Liaison Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/ora change in the designated DBE Liaison officer asfollows: � � ° Print the first peQo of the document on company stationery ("letterhead") that indicates the � company's name, mailing address, phone number,etc. � ° Print the company's name in the^___^space; next to"Date"print the mmntNdoy/yeorthe policy in being signed; record the signatureof the company's Chief Executive Officer, President or | Chairperson in the space next to"by"and print the full first and last name and position title of the official signing the policy. ° Print the DBE Liaison's full name, email address,business mailing address and phone number � the bottom oyemail. E-mail the completed and signed DBE AA Plan to: eeoforms ow.8otmtmt*fl.u,, � The Department will review the policy, update department records and issue a notification of approval or disapproval; a copy of the submitted plan will not be returned to the contractor. � � � 7/27/21 BID PROPOSAL O011O' ll Flot-ida KEj!i_Qycrsqa4 ("ttogeell'un a f""(Ftsc(.attbct1^s STATE OF N ORIDA DEPARTMENT OF TRANSPORTATION 375 090 32 CERTIFICATION REGARDING DEBARMENT,SUSPENSION, N T INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) It is cer, fied that neither the below identified firm nor its principals are presently suspended,proposed for debarment,declared meligibl ,or voluntarily excluded from participation in this transaction by any federal department or agency, Name n Charley Toppino&Sons,Inc ,71' By, .......................... Date. Title: ------ -—--—----- Instructions for Certification Instructions for Certification-Lower Tier Participants: (Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and 1200) a.By signing and submitting this proposal,the prospective lower tier is providing the certification set out below. 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 time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d,The terms"covered transaction,""debarred,""Suspended,""ineligible,""participant,""person,""principal,"and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200,You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations,"First Tier Covered Transactions"refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract)."Lower Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds(such as the prime or general contractor) "Lower Tier Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 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 exceeding the $25,000 threshold. 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 is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each participant may,but is not required to,check the Excluded Parties List System website (https://www,epls.gov/),which is compiled by the General Services Administration, 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. i Except for transactions authorized under paragraph e of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. ..................................... ...................................----------------------—-----------------------—-----------___1111.................... 7/27/21 BID PROPOSAL 00110- 12 Florida %10scas heal-6jt "1 rpit Con G!ectiOn 37"30-33 PROCUREMENT 10/01 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES 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 of 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. Nam )f Consultant: y f3 ate ........ ... ...ell _Authorized Signature Title; ..... .............------------ -- .... O.S.A.�.......... ......... ._�.... -.. ------ ..................... 7/27/21 BID PROP .. 00110- 13 Flotilla STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 3h OV iQ PR CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION O(HIMMLI 1 FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS I certify that I have no present conflict of interest,that I have no knowledge of any conflict of interest that my firm may have,and that I will recuse myself from any capacity of decision making,approval,disapproval,or recommendation on any contract if I have a conflict of interest or a potential conflict of interest- Consultants/Contractors are expected to safeguard their ability to make objective,fair,and impartial decisions when performing work for the Department,and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs,or to reward a past decision.Consultants performing work for the Department should avoid any conduct(whether in the context of business,financial,or social relationships) which might undermine the public trust,whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation("Department")related to the procurement of the above-referenced("Project")that I gain access to as a result of my involvement with the Project("Procurement Information").I understand that Procurement Information includes,but is not limited to,documents prepared by or for the Department related to procurement of the Project.I also understand that Procurement Information includes,but is not limited to,documents submitted to the Department by entities seeking an award of the Project("Proposers").I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest,technical proposals,price proposals, financial proposals,and information shared during exempt meetings I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers,and information regarding Project cost estimates I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General,I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department("Project Personnel"),I understand that a list of Project Personnel will be maintained by Department If I am contacted by any member of the public or the media with a request for Procurement Information,I will promptly forward such request to the Department's Procurement Office.I will also maintain security and control over all documents containing Procurement Information which are in my custody I agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value from any firm under consideration for an agreement associated with the Project,and I recognize that doing so may be contrary to statutes,ordinances,and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering,pursuant to Section 838,22,Florida Statutes I realize that violation of the above mentioned standards could result in the termination of my work for the Department I further realize that violation of the above mentioned statute would be punishable in accordance with Section 838,22,Florida Statutes_ Advertisement No Description Financial Project Number(s) Solicitation No -—------------------------ ................................................. ..................................... .. ...... .......... --------------------------------------------------------------------- --------------------------------------------------------------------------- ......................................... ............................................... Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification, 7 d a Sign 13 01,111-l" Date 1! 1 1 1/1) U ........................................ ------- .......................... .... .................................. ........ ........................................................... ........... ........... ----------------------------- ......................... ...........................................................................................- ----- ................................ ... ................................................ ........................ ------------------------------ ------ ......................................... ............................. ...... ..................................... .................................................. ----------------------------------­­­­................ 7/27/21 BID PROPOSAL 00110- 14 Florkhl lc!nws Overseas I Ivirity ge,I"jil'a ill("onsleclioll al ClIdjoe Cartlells STATE OF FLORIDA DEPARTMENT OF TRANSPORTATPON 375-030-34 ME DISCLOSURE OF LOBBYING ACTIVITIES PROCURENT 02 16 Is this form applicable to your firm? YES El NO LZ If no,then please complete section 4 below for"Prime" .................. ......... 1.Type of Federal"Acii`o'n: F_2Siaiusof Federal Action: 3.Report Type: a, contract a. bid/offer/application a,initial filing b-grant b initial award to material change c-cooperative agreement c, post-award For Material Change Only: d, loan Year: Quarter: e,loan guarantee Date of last report: f. loan insurance (mm/dd/yyyy) ........... 4, Narne and Address of Reporting Entity: 5. If Reporting Entity in No 4 is a Subawardee,—Ifn—ter Name and Prime D Subawardee Address of Prime: Tier—,if known: ................................................ Charley Tgamn)& SUITS_111c _ .............................................. P0 Box 787 Key Wpqt F1 _11041_ N/A Congressional District,if known 4c Congressional District,if known: ........ G.Federal Department/Agency: 7.Federal Program Name/Description: ..........._­...............- ................................................................. CFDA Number,if applicable: 8.Federal Action Number,if known 9.Award Amount,if known: ................... $ . ........ .......... a. Name and Address of Lobbying Registrant b.Individuals Performing Services(including address i f (if individual,last name, first name, MI): different from No 10a) (last name, first name, Ml): N/A ......................... .......... .............. ........................ ........ 111� information requested through this form is authorized by title 31 U S C section 1352,This disclosure of lobbying activities is a Signature: . ..... ... ................. material representation of fact upon which reliance was placed ......... by the tier above when this transaction was made or entered Print Nari,ie: into This disclosure is required pursuant to 31 UC 1352 This information will be available for public inspection Any person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than$10,000 and not more than ........................................ .................. $100,000 for each such failure Telephone Date(Tlirinlddlyyyy)� ...... ... ...........-- Federal Use Only: Authorized for Local Reproduction Standard Form LILL(Rev 7-97) .................................... ............................... ... ... --------------------------------------------------------—--------............ ............. _­............................... 7/27/21 BID PROPOSAL 001.. 10- 15 o5-030a 04114 mm,m, INSTRUCTIONS FOR COMPLETION OFSF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity.whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing, pursuant to title 31 U.S c, section 1o52 The filing ma form im required for each payment or agreement mmake payment m any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action.Complete all items that apply for both the initial filing and material change report, Refer v,the implementing guidance published by the Office of Management and Budget for additional information, � 1, Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome ofa covered Federal action � o. Identify the status vf the covered Federal action, s� |uend��mmppmphox*c|emsi�nadonvf this mpo/t- |,this isanoUmwupmpon caused byum�e,ia|change mme � information previously reported,enter the year and quarter in which the change occurred, Enter the date of the last � previously submitted report by this reporting entity for this covered Federal action. � 4 cner the 0uUname address oi� �mteandzipood�o,�hemporUnOonU� |no|ud�oon�enoione|Dimr|m f � . . . . xnnwn chwrkmrmppmpnateolassifivannnmmermpomnoenWymuudesignatesJitis.u,expeomwue.ephm* urmuua°mrd recipient, Identify the tier o[the subawa"dae' g e menr�ouUawevueev[the pUmein�w1�Umr � Subawmvdmin^|ud*butnrenov|imMedmsubvontnaoto.oubg~'ts and contract awards under grants, | � 5. |/the organization filing the report|n item 4 checks^8ubawerdae'^then enter the full name,address,city,State and zip ondv of the prime Federal recipient- Include onngmns|nne|District,if known 0 Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name,if knownr For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants.cooperative agreements, loans,and loan commitments. � 8 Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e,g,, Request for Proposal(RFP)number; Invitation for Bid(IFB)number;grant announcement number;the contract, � grant,o,loan award number;the application/proposal control number assigned by the Federal agency). Include � prefixes. e.g.^RFP'DE'80'U01,^ � 9- For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter � the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. � � 10� (a)Enter the full name,address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in itern 4 to influence the covered Federal � action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a), Enter Last Name, First Name,and Middle|mna|(M|) � 11. The certifying official shall sign and date the form, print his/her name,title, and telephone number, valid OMB Control Number,The valid OMB control number for this information collection is OMB No 0348-0046 Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for i eviewing instructions,searching existing data sources. gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,DC 20503 Acrording to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a � 7/27/21 BID PROPOSAL 00110- 16 � � � � Flori(IM Kul Overseas Iferitage'll"rail Connection at Cudios Gyrdells STATE OF FLOR DA DEPARTMENT OF TRANSPORTATION 52"M4 46 LAP CERTIFICATION OF CURRENT CAPACITY PROGRAM MANAGEMENT OW20 C'0WIDENTIAL, - Page I of 2 For bids to be received on 7/12/22 Fill in your FDOT Vendor Number (.Letting Date)...... [VFF5 _92426906002 (Only applicable to FDOT pre-qualified contractors) CERTIFICATE I hereby certify that the amount of any proposal Submitted by this bidder for the above letting does not exceed the amount of the Firm's CURRENT CAPACITY(maximum capacity rating less total uncompleted work). The total uncompleted work as shown on the"Status of Contracts on Hand"report(page 2) $ 36,784,836 .............. I further certify that the'Status of Contracts on Hand"report(page 2)was prepared as follows: 1. If the letting is before the 25th day of the month,the certificate and report reflect the uncompleted work as of the 15", day of the month,lost preceding the month of the letting. 2. If the letting is after the 25111 day of the month,the certificate and report reflects the uncompleted work in progress as of the 15th day of the month of the letting. 3. All new contracts(and subcontracts)awarded earlier than five days before the letting date are included in the report and charged against out total rating. Charley Toppino& Sons,Inc ........... I a nMily hal the t=,0ornwo)above is correct NAME OF FIRM A Swc)rn to an obscribc)d this day By: of..... w. 2 ...... Title 41 AVP 110, tlotqp/f)l Iblic N5 ate of Florklia 1 11-1 u)d$IP L ab, Baass on t01 138227 OOPM2025 7/27/21 BID PROPOSAL 00110- 17 Florida kEx.�,�Qvcrs"vs�Jlgriftp Mai';XA fflN—Mf:E!.mrN I STA'rus OF COIN T IRAC rs oiN HAND Fuii ntstn coF nplkMe u RloirinTabon about alt your coii Rh acts,wheffieir pfirne ow,subcoinh Bers, whotheii hT pogress oR awarded,but Inor yet Ibegglnnr and rr,,gmrd1ess of who nu contracted wah.) .............................. ................... .... .......................................................................................................................----------------------------------------------------- --------------- 4 fi� 6 ..... ..... ---------------------------------------------------------------------------------------------------------------------- ----------------------1111"1 1"I'll 11111111,- UNCOMPILETEIDAMOUNT POBEIDONE PROJECTS CONTRACT(011R AMOUNT- BALANCE OF: Illy YOU ................... OWINER,LOGA[ION ANID DIEWRIP NON SUBCONTRAC l) SUBL11 T COWRACT AMOUNT to OTHERS AMOUNT AS FIRIME AS CONTRACTOR SUBCON MACTOIR SEE AT ...................................................T....ACH......------ ........ --- ----------------------------------------—---—---------------------------------------------- ED .......... ------------- -------------------.................. .............- -------- ................................. ............. ................................................... .............................................................. --- ----- ------------- ------------------------------------------------------------------------------------------------------------------- -------------------------------- NOIF Coluyiimis2 and 3 0 slhomr(ictM cauriac!yorsulhconftaO)amcnints Column4ro Marro dffleirence her weencMurnns2 and 3 AM To lALS $0,00 so-00 aimunts to be shown to irvemest S100 The Coinkracroff irnay coin%ofidate and fist as a smngYe Aem aH mnitraUs'whlch,mdMdualN,do Rhotexceed 3%or Val,and wtnch,ln Me aggregal.r.,,avnowfl W less fihain TO TAIL UNCUMPILE TIED �20%of fhe Wall HAIND TO IBE DONE 113Y YOU ....................................— �TO MI..COLUMINS 5 AND 6T .............................................. ...... --------. ........................... ..............."I'll............................... ................................11................................ ................................................................................. 7/27/21 BID PROPOSAL 00110- 18 Q h iJ o 0 o 0 Y YJ o rU N. tmal M W O N tls [OI m O 9, 6 to N tn.N N rn M � fY4N N vl O o fJi o f CJ G .fY U a 07 A 'sY N G i N rn N N M t9 N N N N t9 N tH ei E9 MM fA iNy H O tYi t6N M M N V D N h D N t n N tTr tV Q {Y 4 'st 45 V PJ u'Y 19 �. 0 1 A IAJ .T. L mp O IAJ vi aF1 to M rn N M N N M w M N M tY mrj nFl M sA � to o o 0 0 0 o o'...o �' �' c '. 881888 o o rI o © J o 0 h ® y. 0 0 o 0 c m' "' 0 0'0 0 0 0:. � 0 0 a o 1 o �'' Q w a J O O O. N U fJ o O 1? CCJ t' m V 65 t� v— t� O O C W ® (•" o o I m N 6UI SOfJ O N (V T G 4d* cv a O Y M tv c2 fY 101 M th } N . f M N 01 to H1 1I/1 N M to N N U CMh fit`• t0 U 1 In9 +Y O t" r r P (") y r r ae o"LLO G J r eu C> cr h i0 i0 (;}Qj Q 1l1 D G 'J �O U tT J Y YJ• ( K V CG `rd tO fV r•'i :r x. W O V O U rJ O M stltl' 2 w ✓ `k E y � 69 E Ti f O 44 •'I.LI� IAJ IkJ �.�? LIA'j IAJ O O d IAJ W IIJ fy '� IAJ O - "' r�� a O IIJ tll tlJ W w O W Ti,( O 1.4 IAJ fY IAJ IIA IAJ Ill III IIJ IAJ IAJ G IAJ LLD W IAJ Ill CJ G U U 6 o N w w 0 U G "' G ° O z G G G G !0 0 0 G G G ro 00 :. }rx rr rc } .r .r ..r aY rc ,� rc. 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H d' C1 .5 ® O W tY0 C' , va,M Q M pp,, N w f. T w q' +e. �- G Ca ^/ Ll J Ry r� d' W to o c ate. H U , 3 H H II Q �Y ice u ac': r aw r w a' N y LZ 1 U M '� d- 6. t `.L +�' f a. '' W C..t �r�ya/1� moO f,pffu!3r' ctrI,.wnRa..Y',r. RfKV4^w r.l rDrna"n'•9 a5wf dl^.�'.e' ✓r C~:Jdx' tWwIoat srH' avt�„ ✓C✓ ,q zorq V'l (,JT^' (J pr�:; U f Uteee,J a.-7 4 a j O U UO t a I1 UtJ U l a a H 7 09 < 0 P I I tJj !j U UE_.�mo�. ro y Y I T W W d 0 w"rz. : cL Ln x 7, le, ur 7, a IILI a ;r7C w o V zP G u u uuu C u L7 i m I. r�f �d � O t1 F�f r� � �t •Y' fit J � O � - \U W G (J f� SV c� O^i O t� tj � t- m , N <� •Y f? df J O ' (d N tJ N N N N Cd t'J N cd c•! [N N N N N N �V 6 V �! �! N N cV �J V i'! c! [N N iV i'J STATE OF FLORIDA DEPARTMENT mTRANSPORTATION ,5060 p NON-COLLUSION DECLARATION AND mommWAY COMPLIANCE WITH 49CFR§29 Pago IT�Tl |TEM/oEGMeNTNo � F-AP.NO.: MANAGING DISTRICT: PARCEL NO.: COUNTY OF: BID LETTING OF: | V. 0churd7oppino hereby declare that|am p of Charlel of Key West, FL (CITY AND STATE) and that I am the person responsible within my firm for the final decision as to the price(s)and amount of this Bid on this State Project � |further declare that: 1, The prices(s)and amount of this bid have been arrived at independently,without consultation, � communication or agreement,for the purpose of restricting competition with any other contractor, bidder or potential � h|uUer, u Neither the price(s)nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential bidder on this project,and will not be so disclosed prior to the bid opening. u. No attempt has been made or will be made to solicit,cause or induce any other firm or person to refrain from bidding on this project,or to submit a bid higher than the bid of this firm,or any intentionally high or non-cornpetitive bid or other form of complementary bid. 4 The hid ofmyfirm is made in good faith and not pursuant to any agreement or discussion with,or inducement from, any firm n,person m submit a complementary bid � 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or � services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person,whether in � connection with this or any other project. in consideration for an agreement or promise by any firm or person to refrain � from bidding orm submit a complementary bid on this project. � s- My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or � services to any firm or person,and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting a complementary bid,or � agreeing mdnso, on this project. / /. 1 have made a diligent inquiry of all members,officers,employees,and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them � that he or she has not participated in any communication, consultation,discussion,agreement, collusion,act or other � conduct inconsistent with any v[the statements and representations made in this Declaration. 8. As required by Section 337,165, Florida Statutes,the firrn has fully informed the Department of Transportation in writing of all convictions of the firm, its affiliates(as defined in Section 337,165(l)(a), Florida Statutes), and all d|momm, mffi*om,and employees of the Unn and its affiliates for violation of state or federal antitrust laws with | respect to a public contract or for violation of any state or federal law involving hnud,bribery, ooUue|on,conspiracy or material misrepresentation with respect voa public contract, This includes disclosure o/the names of current employees of the firm oraffiliates who were convicted n[contract crimes while in the employ o(another company 7/27/2l BID PROPOSAL 00110' 19 t^'l0 rida Kci's(,ys �ars lta w wt�r �"t"�rs�rN C��rfr����vtuaaw�Ott d"aryl"lei t,awrrt�nw 575-060-13 RIGHT OF WAY 05101 Page 2 or 3 9. 1 certify that,except as noted below, neither my firm nor any person associated therewith in the capacity of owner,partner,director,officer,principal, investigator, project director, manager,auditor,and/or position involving the administration of Federal funds: (a) is presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions,as defined in 49 CFR§29.110(a), by any Federal department or agency; (b) has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against him or her for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a Federal, State or local government transaction or public contract, 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) is presently indicted for or otherwise criminally or civilly charged by a Federal,State or local governmental entity with commission of any of the offenses enumerated in paragraph 9(b)of this certification;and (d) has within a three-year period preceding this certification had one or more Federal,State or local government public transactions terminated for cause or default. 10 I(We), certify that I(We),shall not knowingly enter into any transaction with any subcontractor,material supplier, or vendor who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this contract by any Federal Agency unless authorized by the Department. Where I am unable to declare or certify as to any of the statements contained in the above stated paragraphs numbered(1)through(10). 1 have provided an explanation in the"Exceptions"portion below or by attached separate sheet,. EXCEPTIONS: (Any exception listed above will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicate to whom it applies,initiating agency and dates of agency action. Providing false information may result in criminal prosecution and/or administrative sanctions,) I declare under penalty of perjury that the foregoing is true and correct. CO A"Tta (Seal) � _' BY: �__..�...�...�... WITNESS:ME AND TITLE RRINTEC� BY WITNESS SIGNATURE Executed on this day of FAILURE TO FtA$ Y C Id+IILETE AND EXECUTE THIS DOCUMENT MAY RESULT/N THE BID BEING DECLARED NONRESPONSIVE 7/27/2] .... ...............BID PROPO.. ................................ ........ -- .. ..... ...--- . -__-.... SAL 00110- 20 575 060 M nmH11(A MY P�g"om� REQUIRED CONTRACT PROVISIONS This certification applies to subcontractors,material suppliers,vendors and other lower tier participants. Appendix oo/4eoFmPart 29— Appendix B—Certification Regarding Debarment,Suspension. Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions Instructions for Certification � 1 By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below | Z The certification|nthis clause is a material representation of fact upon which reliance was placed when this | transaction was entered If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, m 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, � � a The prospective lower tier participant shall provide immediate written notice m the person m which this � proposal|,submitted ifm any time the prospective lower tier participant learns that its certification was erroneous when � submitted or has become erroneous bv reason«[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 rules implementing Executive Order 12549, � You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. | u- The prospective low°rhorvauicipantapmnsbysubmhdnpth|spmpo,a|ma k 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, 8. The prospective lower tier participant further agrees uy 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 � tmnsaunnns- � � 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 iuerroneous A participant may decide the method and frequency uv which it � determines the eligibility m its principals Each participant may,but|o not required to,check the wunpmoummentList. � � 8, Nothing contained in the foregoing shall be construed to require establishment of a system of records in � order oz render|n good faith the certification required bv this clause, The knowledge and information ufv participant|snot � required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. � y- 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 or agency with which this transaction originated may pursue available remedies, including � suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—LowerTier 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 voluntary excluded from participation in � this transaction uy any Federal department oragency � (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 o»this proposal 7/27/21 BID PROPOSAL 00110-21 3/1122, 10:26 AM PrequalifiedVendorSearchPrintView Listing of Prequalified Contractors Contractor with Name GENERAL ASPHALT COMPANY, LLC 1-1 of 1 contractors VENDOR NAME JHOME OFFICE ADDRESS BIDDING OFFICE ADDRESS GENERAL ASPHALT COMPANY, LLC 4650 N.W. 72ND AVENUE 4850 N.W. 72ND AVENUE F591115297002 MIAMI, FL 33166 MIAMI, FL 33166 EXPIRES: 6/30/2022 (305)59'2-3�480 (305)592- 4 0 WORK CLASSES DRAINAGE FENCING FLEXIBLE PAVING GRADING GRASSING, SEEDING AND SODDING HOT PLANT-MIXED BITUM. COURSES PAVEMENT MARKING SIDEWALK https://fdotwpl,dot.state.fl,us/contractorprequal lflcation/public/PrequalifledVendorSearchPdntView.aspx 1/1 3M22,1:32 PM Prequalifte andv earrrchiPrint\Aew Listing of Prsquallfied Contractors Contactor with Name BLUE NATIVE OF THE FLORIDA KEYS, I , 1-1 of 1 contractors VENDOR NAME HOME OFFICE ADDRESS BIDDING OFFICE ADDRESS BLUE-NATIV " F THE FL RIDA K Y I C� . N 3 D�. " _..... . . R � NE CR F814715600001HOMESTEAD, FL 33030 HOMESTEAD, FL 33030 EXPIRESa 6/30/2022 305)872-4050 � 05)87 4050 m . ,_.e.. . WORK CLASSES g GRASSING, SEEDING AND SODDING LANDSCAPING .e e _ . _ . . e a.. w https:lifdolfNpi.dot.ostate„ft<iLAst ntracV.orpregLaslifcatiwitp bla elPiregrusilfo,;dvendor e rc&iP(irtV�owe spx 1I1 78/2/2022 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Illana Abbate Marsh &McLennan Agency LLC PHONE FAX 9850 N.W. 41 st Street A/c No EXt: A/C,No): E-MSuite 100 ADDRESS: FLCertificates@MarshMMA.com Miami FL 33178 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Travelers Indemnity Co of America 25666 INSURED CHARLTOPPI INSURERB: Phoenix Insurance Company 25623 Charley Toppino &Sons Inc. Monroe Concrete Products Inc. INsuRERc:Travelers Indemnity Company 25658 P.O BOX 787 INSURERD:Travelers Property Casualty Co of Amer 25674 Key West FL 33041 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:511095247 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y Y DTC03202M181TIA22 5/19/2022 5/19/2023 EACH OCCURRENCE $2,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $300,000 APPROVED BY RISK MANAGEMENT MED EXP(Any one person) $10,000 BY ,; .^ ,�, „ PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: DATE O/3��11�2 '"""� GENERAL AGGREGATE $4,000,000 X � PRO- POLICY LOC ER �l PRODUCTS-COMP/OP AGG $2,000,000 WAVER NPA�YES_ OTHER: $ C AUTOMOBILE LIABILITY Y Y 810ON4284482226G 5/19/2022 5/19/2023 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident D X UMBRELLA LIAB X OCCUR Y Y CUP3J6572212226 5/19/2022 5/19/2023 EACH OCCURRENCE $10,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$1 n nnn $ B WORKERS COMPENSATION Y UB4K5263662226G 5/19/2022 5/19/2023 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTEI ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? FN] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) General Liability Aggregate applies per Project if required by written contract. RE: Florida Keys Overseas Heritage Trail Connection at Cudjoe Gardens Project FDOT 441745/G2442/D621-037-B Monroe County Board of County Commissioners, Florida Department of Transportation, its employees and officials,as Designated Organization, is an Additional Insured as respects General&Auto Liability. General Liability is primary and noncontributory.Waiver of Subrogation as respects General Liability, Auto Liability,and Workers Compensation in favor of Additional Insured. Umbrella follows form to the underlying policies as respects to Additional Insureds.All of the above is applicable when required by written contract subject to the terms,conditions and exclusions of the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners (BOCC) 500 Whitehead St AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD